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DBS Users Agreement

Last Revised: March 2016

Welcome to the Dublin Business School site ("DBS"). DBS and its subsidiaries (which trade as Portobello College and European Business School or EBS) (together "DBS") are part of the Kaplan family of educational companies. Please read this User Agreement carefully. This User Agreement, including its Privacy Policy, applies only to the DBS Site, and not to the Web sites of other Kaplan companies.

We may revise this User Agreement from time to time, so please check this Web page each time you visit the DBS Site. If you continue to use the DBS Site after we post the change, this means you have agreed to the new terms.

Privacy Policy

Please review our Privacy Policy, which is a part of this User Agreement and describes how DBS handles any personal data collected from visitors to this DBS Site.

Copyright

Copyright in this DBS Site and all materials included in it is owned by or licensed to DBS, and all rights are reserved. You must abide by all copyright notices and restrictions contained on the DBS Site. You may not copy, distribute, enter into a database, display, perform, create derivative works of, transmit or otherwise use any materials from the DBS Site (including computer programmes or other codes) ("Site Materials"), except that you may download the Site Materials only for personal, non-commercial use, and only if you do not alter the text or remove any trademark, copyright or other notice displayed on the Site Materials.

Trademarks

Dublin Business School, DBS, the DBS Logo and any other trademarks on the DBS Site are trademarks owned by Dublin Business School or other Kaplan companies (collectively, "DBS Trademarks"). You may not use the DBS Trademarks in connection with any product or service that does not belong to us, or in any manner that is likely to cause confusion among users about whether we are the source, sponsor or endorser of the product or service, nor in any manner that disparages or discredits us.

Links, Frames, and Metatags

You may link to the home page of the DBS Site as long as the link does not cast us in a false or misleading light. Please let us know if you link to the DBS Site by contacting us at webmaster@dbs.ie

You may not frame the content of the DBS Site. You may not use metatags or any other "hidden text" that incorporates the DBS Trademarks or our name without our express written consent.

Links to Other Web Sites

This DBS Site may contain links to other Web sites, including the sites for other Kaplan family companies. This User Agreement and the Privacy Policy do not apply to these other Web sites. Be sure to read the user agreements and privacy policies that govern your use of these other Web sites.

Disclaimer and Limitation of Liability

While we endeavour to ensure that the information on the DBS Site is correct, we do not warrant the accuracy and completeness of the material on the DBS Site. We may make changes to the material on the DBS Site or to the products and prices described in it at any time without notice, although we will provide notice of substantive changes to the DBS Site Privacy Policy. The material on the DBS Site is provided "as is," without any conditions, warranties or other terms of any kind. Accordingly, to the maximum extent permitted by law, we provide you with the DBS Site on the basis that we exclude all representations, warranties, conditions and other terms (including, without limitation, the conditions implied by law of satisfactory quality, fitness for purpose and the use of reasonable care and skill) which but for this legal notice might have effect in relation to the DBS Site.

We and any of our group companies and the officers, directors, employees, shareholders or agents of any kind, exclude all liability and responsibility for any amount or kind of loss or damage that may result to you or a third party (including without limitation any direct, indirect, punitive or consequential loss or damages, or any loss of income, profits, goodwill, data, contracts, use of money, or loss or damages arising from or connected in any way to business interruption, and whether in tort (including without limitation negligence), contract or otherwise) in connection with the DBS Site in any way or in connection with the use, inability to use or the results of use of the DBS Site, any Web sites linked to the DBS Site, or the material on such Websites, including, but not limited to, loss or damage due to viruses that may infect your computer equipment, software, data, or other property on account of your access to, use of or browsing the DBS Site or your downloading of any material from the DBS Site or any Web sites linked to the DBS Site. If your use of the material on the DBS Site results in the need for servicing, repair, or correction of equipment, software, or data, you assume all costs thereof.

Nothing in this legal notice shall exclude or limit our liability for: (a) fraud; or (b) misrepresentation as to a fundamental matter; or (c) any liability that cannot be excluded or limited under applicable law.

Governing Law

This User Agreement is governed by the laws of Ireland. You agree to submit to the exclusive jurisdiction of the Irish courts and waive any objection to such forum.

Termination

We reserve the right to suspend the DBS Site or terminate this User Agreement at any time without notice for any reason, including, in the case of the User Agreement, for your violation of any of its provisions. The Disclaimer and Limitation of Liability and Governing Law sections of this User Agreement shall survive any such termination.

Dublin Business School (DBS) Privacy Policy

This Privacy Policy describes how we treat data received about you when you visit the DBS Site or otherwise. DBS fully respects your right to privacy and actively seeks to preserve the privacy rights of those who share information with DBS. DBS will not collect any personal information about you on this website without your permission, except as required or permitted by law. Any personal information which you volunteer to DBS will be treated with the highest standards of security and confidentiality, in accordance with the Data Protection Acts 1998 and 2003. This Privacy Policy applies only to the DBS Site and not to the websites of other Kaplan companies.

We may revise this Privacy Policy from time to time. We will notify you of any important changes by posting a notice on all Privacy Policy links. If you see a notice of change, please check the Privacy Policy, because your continued use of the site after we post the change means you have agreed to the new terms.

DATA PROTECTION

Collection of Your Personal Data

So that we can provide you with the information, courses, programmes, services, materials or products you have requested, we collect and store certain information about you, including your name, telephone number, e-mail address, postal address and educational background when you ask for information about our courses or study materials, when you submit answers to our assessments, quizzes or surveys, or when you enrol or are enrolled by your employer on one of our courses or order study materials.

If you are enrolling as a student, we also may also collect other personal data (such as information regarding your health (so that, as necessary, we can make appropriate accommodation for you), date of birth, employer name and details (if applicable), professional certification number, if any, PPS number (where applicable), credit or debit card number and other payment information. This data is considered "sensitive data" and you consent to our collection, storage and use of such sensitive data for these purposes.

We also may collect from you emergency contact information, such as the telephone number or email address for a friend or family member. You represent to us that you have obtained consent from your emergency contacts to provide us their information for this purpose.

 

How We Use Information Collected

We and our affiliated Kaplan group companies may also use your postal and email addresses to send you information about further courses, and other services or products similar to those you have ordered from us, and also to provide you with the latest information, including events in which you may be interested or to send you an invitation to solicit such information from our affiliated Kaplan group companies. If you do not wish us to send you this additional information, you can let us know by following the opt-out instructions that we include in every email or by sending us notice of your preferences through the mechanisms listed in the section below entitled 'Your Ability to Choose'.

How We Use Your Personal Data

We will need to use your data to perform our obligations and exercise our rights under agreements made with you and to inform you of feedback and exam results.

If you have enrolled in our courses through your employer, we will share your course attendance and test results with your employer.

Otherwise, we will share your personal data only with the service providers who help us run this DBS site or fulfil your requests and with other Kaplan group companies to enable processing and administration of study material orders. We may also need to disclose your personal data to third parties when we, in our sole discretion, believe it necessary to comply with the law, to enforce our User Agreement or this Privacy Policy, or in connection with a sale or transfer of the DBS business.

Your Ability to Choose

You can let us know if you do not wish to receive promotional material from us by contacting us by email at admissions@dbs.ie or by post to The Data Controller, Dublin Business School, 13/14 Aungier Street, Dublin 2. You also can let us know that you do not want us to share your information with our affiliated Kaplan group companies by contacting us at the same email or postal address.

Disclosure to Third Parties

We may hire other companies to perform services on our behalf (including, without limitation, facilitating some aspects of our web sites and services, managing our databases, sending e-mails and other mail to you, processing and collecting payments, providing us with legal, financial and accounting advice and conducting required audits). These other companies may be supplied with or have access to your information solely for the purpose of providing these services to us or on our behalf. We also may disclose personally identifiable information in special circumstances where it is legally required (for example, when necessary to protect our or a third party's intellectual property or proprietary rights) or when we, at our sole discretion, believe it is appropriate, in connection with a sale or transfer of some or all of our assets, or when we, in good faith, believe that the law requires us so to do.

We provide certain personal information collected by us, including PPS numbers, to Quality and Qualifications Ireland (QQI) to allow them to process students’ results through their system.

We are obliged to provide certain personal information, including attendance records, to the Department of Justice regarding non-EEA visa requiring students.

Your personal data is accessible by and provided to our student recruitment agents, for administration purposes (such as keeping track of your course records), accepting and recording your payments, providing you with certificates of completion and complying with any regulatory reporting requirements or other reporting requirements agreed with your sponsor. We may also provide your data to bodies from which you seek funding. If you have enrolled on our courses or programmes through your employer or other sponsor, we may share your data and attendance and study results with your employer or sponsor. Such third parties are not subject to this DBS User Agreement. Contact these persons directly for information about how they treat your personal data.

Transfer to Other Countries

We may need to process and store your information in countries outside the EU (which are not subject to EU Data Protection laws), including without limitation, your country of residence, the country in which you plan to study or other countries where we have offices or service providers (including the United States). This may in certain circumstances involve the transfer of information to countries outside Ireland and including countries which may not afford the same level of protection to personal data as applies under Irish law. By providing your information to us, you consent to transfer of your information to these other countries.

Data Registration

DBS is registered pursuant to Section 18 of the Data Protection Acts 1988 and 2003 with the Office of the Data Protection Commissioner.

Review and Correction

You may review and update the personal data you have provided to us by emailing us at admissions@dbs.ie or sending your request by post to:

Attention: The Data Controller

Dublin Business School

13/14 Aungier Street

Dublin 2

TERMS AND CONDITIONS

Interpretation:

Accountancy & Business College (Ireland) Limited, registered office, 13/14, Aungier Street, Dublin 2, registered with company number 134010; Kitagarth Services, registered office, 13/14 Aungier Street, Dublin 2, registered with company number 322835; and European Business School (Ireland) Limited, registered office, 13/14 Aungier Street, Dublin 2, registered with company number 170529.

1.1 The definitions and rules of interpretation in this Condition 1.1 apply to these terms and conditions (the “Conditions”).

Agreement: means the Contract and these Conditions.

College: means Accountancy & Business College (Ireland) Limited trading as Dublin Business School, or any holding company or subsidiary of Accountancy & Business College (Ireland) Limited as (defined in Section 155 of the Companies Act 1963) including but not limited to Kitagarth Services trading as Portobello College and European Business School (Ireland) Limited trading as European Business School and/or EBS.

Contract: means the College’s offer to provide the Services and the Student’s subsequent acceptance of it under Condition 2.2.

Document: includes, without limitation, in addition to any document in writing, any drawing, map, plan, diagram, design, picture or other image, tape, disk or other device or record embodying information in any form.

Force Majeure Event: has the meaning given in Condition 9.

Intellectual Property Rights: means all patents, rights to inventions, utility models, copyright and related rights, trade marks, service marks, trade, business and domain names, rights in trade dress or get-up, rights in goodwill or to sue for passing off, unfair competition rights, rights in designs, rights in computer software, database right, topography rights, moral rights, rights in confidential information (including know-how and trade secrets) and any other intellectual property rights, in each case whether registered or unregistered and including all applications for and renewals or extensions of such rights, and all similar or equivalent rights or forms of protection in any part of the world.

Offer Letter: means the College’s letter of offer and/or the College’s Offer/Acceptance form and/or the College’s re-registration form and/or (for the College’s professional school) the College’s enrolment form.

Programme: means any degree, diploma or any other programme and/or educational service to be provided by the College as set out in the Offer Letter.

Services: means the services to be provided to the Student by the College as set out in Offer Letter.

Student: means a person who has engaged the College to provide the Services.

2. Application of Conditions:

2.1 These Conditions will apply to and be incorporated into the Contract and together set out the whole agreement between the parties for the supply of the Services.

2.2 The College’s Offer Letter constitutes an agreement by the College entity specified therein to supply the Services specified in it on these Conditions. These Conditions will apply for the duration of the applicable Programme. A binding contact will be created in circumstances where the Offer Letter is countersigned by the Student. Where the Offer Letter is the re-registration form or the enrolment form or the letter of offer, a binding contract is created either by:

2.2.1 the Student signing the re-registration form and/or the enrolment form and/or the letter of offer; or

2.2.2 by conduct evidenced by the Student commencing or continuing to study; or

2.2.3 by paying part or all of the tuition fees either to the College or, in the case of visa students, to a College agent.

2.3 Any representations made by the College and/or its servants or agents do not form part of the Agreement and the Student acknowledges that he or she did not rely on any such representations when entering into the Agreement.

2.4. If any of the Conditions are inconsistent with any term of the Offer Letter, the Offer Letter will prevail.

3. The College's Obligations:

3.1 The College will comply with all applicable statutory and regulatory requirements in the supply of the Services.

3.2 The College will comply with all relevant obligations of the Data Protection Acts 1988 and 2003 and the terms of the College privacy policy set on the College website, as amended from time to time.

4. The Student's Obligations:

4.1 The Student will comply with the regulations applicable to the Programme, a copy of which may be viewed in the College’s library.

4.2 The Student will complete an enrolment form and/or application form and/or re-registration form when requested to do so.

4.3 The Student warrants that all information contained in any application form, enrolment form and/or re-registration form or in any other Document submitted by the Student to the College is true and accurate.

4.4 The Student will conduct him or herself at all times in a manner which demonstrates respect for the College, servants or agents of the College, fellow students and College property.

4.5 The Student will at all times comply with the College’s student codes. Any breach of the College’s student codes by the Student may lead to expulsion and immediate termination of the Agreement, without refund.

4.6 Students who require a student visa to enable study with the College must enrol and attend a minimum of 85% of classes.

4.7 The Student agrees to notify the College without delay in the event of any changes in his or her personal circumstances, to enable the College to comply with its obligations to keep information up to date.

5. Fees and Payment:

5.1 In consideration of the provision of the Services by the College, the Student will pay the fees set out in the Offer Letter at the applicable time. The Student will thereafter be liable to pay the College any other fees due to the College from time to time with respect to the Programme of which the Student will be given notice.

5.2 Fees will become due for payment on the date set out in the Offer Letter or on any other date specified by the College.

5.3 Where the duration of the Course is for more than one academic year or the Student elects to repeat the academic year, fees will be due to the College prior to the commencement of the academic year.

5.4 Fees are liable to change at any time.

5.5 Should the Student pay by way of cheque and the cheque is subsequently dishonoured, the Student will be liable to pay the College a €25 fee to cover administrative and bank charges.

5.6 If the Student does not make any payment due to the College by the date specified by the College, the College may charge interest to the Student on the overdue amount at the rate of 7% a year above the European Central Bank rate. This interest will accrue on a daily basis from the due date until the date of actual payment of the overdue amount, whether before or after judgment. The Student must pay the College interest together with the overdue amount.

5.7 If a student visa application has been refused, then the amounts paid, including deposits and unutilised fees, will be refunded less an administration charge of €100 (plus any courier and transfer charges) on production of the following documents:

5.7.1 original copy of the visa refusal letter;

5.7.2 copy of the Student’s passport showing both the photograph and signature; and

5.7.3 where the payer was not the Student, an original authority letter from the Student authorising the repayment to the payer.

5.7.4 Section 5.7 applies only to visa applications made outside the state and does not apply to Overseas students applying for renewal visas. For International students already resident in Ireland, fees will not be refunded under any circumstances after commencement of the course. Where a visa is required to be renewed during a DBS Programme of study, it is the responsibility of the Student to confirm with the relevant authorities that the renewal application will be approved.

6. Cancellation and Deferral:

6.1 The Student may (unless studying on a student visa) no later than two weeks prior to the commencement of the Programme cancel his or her acceptance by providing the College with written notice. If the Student so cancels their study, the Student’s liability to the College will be limited to payment to the College of a cancellation fee of €100 which may be deducted from any applicable refund. Any refund made by the College will be made to the original payer. Full course fees will be payable if less than two weeks notice is given and no refund will be made in such circumstances. Refunds are not available of any amounts paid for study materials, where the materials have been supplied to the Student.

6.2 The Student may (unless studying on a student visa) defer enrolment in the Programme for one academic year, provided the College receives written notice at least two weeks prior to the Programme commencement date (the “Date of Deferment”) and the Student pays a €50 administrative fee. The fees or any deposit paid by the Student will not be refunded but will be carried forward to the following academic year. Should the College fees change between the Date of Deferment and the date of commencement of the following academic year the Student will be liable to the College for any additional amount due and must pay it before the commencement of such academic year.

6.3 Should the Student defer enrolment in the Programme as per Condition 6.2 and should the Programme not be continued by the College such following academic year, the College’s liability to the Student will be limited to a refund of the applicable fees paid by the Student for the Programme less the €50 administrative fee referred to above.

6.4  If the legally binding contract formed with the Student is deemed to be a Distance Contract, the Student shall have the right to cancel the contract if the Student gives notice of cancellation to Dublin Business School within the fourteen calendar day period beginning on the day following the day on which Dublin Business School received the Student’s Acceptance Form and/or Deposit or payment. If a Student exercises his or her right to cancel during this fourteen day period, he or she will receive a full refund of all amounts already paid by the Student less the cost of any services already performed by Dublin Business School before the end of the fourteen day period. Specifically, where the Student has received any books or other materials as part of the Services, the Student must return and bear the cost of returning the books and materials to the following address: 13/14 Aungier Street, Dublin 2.

The Student can notify the College at the following email address:

admissions@dbs.ie,

or by post to Dublin Business School, 13/14 Aungier Street, Dublin 2

Protection of Enrolled Learners (PEL)

7.1 For all DBS courses covered by the provisions of Section 65 (4) of the Qualifications and Quality Assurance (Education and Training) Act 2012, (Protection of Enrolled Learners, or PEL), DBS has arrangements in place with Kaplan Inc (the Guarantor) such that on the occurrence of a Trigger Event, the Guarantor will refund the moneys most recently paid to the relevant payers.

7.1.1 Trigger Event:  means:

  1. where DBS does not provide the Programme for any reason including by reason of insolvency or winding-up of DBS, and/or
  2. where Enrolled Learners have begun a Programme but not completed that Programme and DBS ceases to provide the said Programme before the said Programme is completed for any reason, including by reason of insolvency or winding up of DBS, and/or

where the Authority (QQI) withdraws validation of a Programme under section 36(7), section 47, or section 59(7) of the Act.

7.1.2 Moneys Most Recently Paidthe moneys most recently paid to DBS by, or on behalf of, an Enrolled Learner in respect of a Programme for

  1. tuition fees,
  2. registration fees,
  3. examination fees,
  4. library fees,
  5. student services fees, and
  6. any other fees which relate to the provision of education, training and related services.

7.1.3 Payer:  the person who paid the Moneys Most Recently Paid. 

7.2 In the event that the Programme(s) cease prior to completion, the Senior Counsel - International for Kaplan International Colleges will be responsible for initiating the drawing down of the guaranteed amounts and ensuring that such amounts are distributed to learners or payers, in accordance with Section 65 (4) (b) of the Act. Contact details for the Senior Counsel - International are as follows:

Name: Brian Weller

Address:Kaplan – Legal Department

2nd Floor, Warwick Building

Kensington Village

Avonmore Road 

London W14 8HQ

Tel: 0044 (0) 2087275193

Email:brian.weller@kaplan.com

8. Intellectual Property Rights:

8.1 All Intellectual Property Rights in any Document produced by the College in connection with the Services will be the sole and exclusive property of the College and the Student will not use the Documents produced by the College for any commercial purpose.

9. Liability:

9.1 Subject to Conditions 8.2 and 8.3, the College will not be liable to the Student by reason of any representation or warranty, condition or other term or any duty of common law, or under the express conditions of this Agreement, for any consequential, special, incidental or punitive loss or damage, including but not limited to, loss of income or revenue, loss of business, loss of anticipated savings or data and whether occasioned by the negligence of the College, its employees or agents or otherwise, even if advised of the possibility of such damages.

9.2 Liability of the College for losses arising from its negligence, breach of contract or otherwise will be limited to the full amount paid by the Student for the particular Programme.

9.3 Nothing in these Conditions will exclude or limit the liability of the College for death or personal injury resulting from the negligence of the College or any of its employees or agents, nor will they operate to exclude or limit any statutory rights which cannot be legally excluded or limited, including the statutory rights of a consumer.

10. Events Outside the College's Control:

10.1 The College will not be liable or responsible for any failure to perform or delay in performance of any of its obligations under the Conditions that is caused by events outside the College’s reasonable control (a “Force Majeure Event”).

10.2 A Force Majeure Event includes any acts, events, non occurrence, omission or accident beyond the College’s reasonable control and includes, in particular (without limitation) the following:

10.2.1 strikes, lock outs or other industrial action; or

10.2.2 civil commotion, riot, invasion, terrorist attack or threat of terrorist attack or (whether declared or not) threat or preparation for a war; or

10.2.3 fire, explosion, storm, flood, earthquake, subsidence, epidemic, other natural disaster; or

10.2.4 impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport; or

10.2.5 impossibility of the use of public or private telecommunication networks.

10.3 The College’s obligations under the Agreement will be suspended for the period of the Force Majeure Event. The College will take reasonable steps (if within its reasonable control) to bring the Force Majeure Event to a close or to find a solution by which the College’s obligations under the Agreement can be performed despite the Force Majeure Event.

11. Termination:

11.1 The College may terminate the Agreement immediately (and refuse entry to or continuation of study) if the Student fails to discharge fees when due, fails to meet the ongoing attendance requirements or for late commencement of study. No refunds will be made to any Students dismissed under this Condition 10.1.

11.2 Students are expected to conduct themselves at all times in a manner which demonstrates respect for the College and its staff, fellow students and property. Breaches of the student code of conduct can amount to gross misconduct, which may lead to expulsion from study without any refund.

11.3 Where the Agreement is terminated, or the Student discontinues study, except where the termination arises from a cancellation of the Agreement in accordance with Conditions 6.1, 6.3, 6.4 and/or 13.2, any fees/and or deposits paid by the Student will not be refunded.

11.4 Termination will not affect either party’s outstanding rights or duties, including the College’s right to recover from the Student any fees owed by the Student under the Agreement.

11.5 Subject to clause 6.4, the Student will not be entitled to a refund of any fees and/or deposits under any circumstances once the Student has commenced study at the College.

11.6 The College reserves the right to inform the appropriate authorities where a Student has been so removed from study with the College or is failing to meet ongoing attendance requirements.

12. Assignment:

12.1 The Student may not transfer any of his or her rights or obligations under the Agreement to another person. The College can transfer all or any of its rights and obligations under the Agreement to another organisation, but this will not affect the Student’s rights under the Agreement.

13. Notices:

13.1 The College may give notice to the Student at either the email or postal address provided to the College in the Student’s application form. Notice will be deemed received and properly served 24 hours after an email is sent or three days after the date of posting of any letter. In providing the service of any notice it will be sufficient to prove, in the case of the letter, that the letter was properly addressed, stamped and placed in the post and, in the case of an email that an email, was sent to the specified email address of the addressee.

14. General:

14.1 While the College will make every effort to provide the Programme as described, the College may change Programme subjects, tutors, dates and locations.

14.2 Where the College discontinues the Programme the College’s liability to the Student will be limited to a refund of fees paid to the College by the Student, less the cost of providing the Services prior to the cancellation of the Programme by the College.

14.3 If the Student’s employer is paying for the Student’s participation in the Course, the College may send the Student’s employer the Student’s test results and progress and attendance records.

14.4 If any Court or competent authority declares that any provision of the Agreement is invalid, unlawful or unenforceable to any extent, the relevant provision will, to that extent only, be severed from the remaining Conditions which will continue to be valid to the fullest extent permitted by law.

14.5 If the College fails at any time while these Conditions are in force to require that the Student perform any of his or her obligations under the Agreement, or if the College does not exercise any of its rights or remedies under the Agreement, that will not mean that the College has waived such rights or remedies and will not mean that the Student does not have to comply with these obligations. If the College does waive a default by the Student, it will not mean that the College will automatically waive any subsequent default by the Student. No waiver by the College of any of these Conditions will be effective unless the College expressly says that it is a waiver and tells the Student so in writing.

14.6 The Agreement will be governed by Irish law and the parties both agree to the exclusive jurisdiction of the Irish Courts.