Menu

DBS Users Agreement

Last Revised: May 2018

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 tdbs pre 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.

DBS Privacy Notice

Introduction

Dublin Business School (DBS) is committed to maintaining the privacy and security of your personal data. This Privacy Notice explains how we collect, use, share and protect your personal data.

It is important that you read this Privacy Notice so that you are aware of how and why we are using your personal data.
This Privacy Notice is provided in a layered format so you can click through to the specific areas set out below:

1. Who we are
2. Data Protection Officer
3. What is personal data?
4. Data protection principles
5. How we use your personal data
6. The personal data we collect from you
7. When and how we share your personal data with others
8. Transfer of your personal data to other countries
9. The security of your personal data
10. Our storage and retention of your personal data
11. Your rights as a data subject
12. Changes to this privacy notice

1. Who we are

DBS is a “data controller”. This means that we are responsible for deciding how we hold and use personal information about you. Where we act as a data controller, we are required under data protection legislation to notify anyone who provides personal data to us, either directly or through a third party, of the information contained in this Privacy Notice.
DBS is the trading name for Accountancy & Business College (Ireland) Limited, 13/14 Aungier Street, Dublin 2 which is a company within the Kaplan group. When we mention “DBS”, "we", "us" or "our" in this Privacy Notice, we are referring to this company which is responsible for processing your data. 

2. Data Protection Officer

We have appointed a Data Protection Officer (DPO) who is responsible for overseeing questions in relation to this privacy notice. If you have any questions about this Privacy Notice, including any requests to exercise your legal rights, please contact the DPO using the details set out below:

Contact details
Name of DPO: Rachael Convery
Email address: dpo@dbs.ie
Postal address: 2nd Floor, Warwick Building, Kensington Village, Avonmore Road, London W14 8HQ.

You have the right to make a complaint at any time to the Information Commissioner's Office (ICO), the UK supervisory authority for data protection issues (www.ico.org.uk). We would, however, appreciate the chance to deal with your concerns before you approach the ICO so please contact us in the first instance.

3. What is personal data?

Personal data is any information about an individual from which that individual can be identified.  Your name, address, phone number and bank account number are examples of personal data.  It does not include data where the identity has been removed (anonymous data).

4. Data protection principles

We will comply with data protection law. This says that the personal information we hold about you must be:
• Used lawfully, fairly and in a transparent way.
• Collected only for valid purposes that we have clearly explained to you and not used in any way that is incompatible with those purposes.
• Relevant to the purposes we have told you about and limited only to those purposes.
• Accurate and kept up to date.
• Kept only as long as necessary for the purposes we have told you about.
• Kept securely.

5. How we use your personal data

We will only use your personal data when the law allows us to.  Most commonly, we will use your personal data in the following circumstances:
• Where we need to perform a contract we have entered into with you.
• Where we need to comply with a legal obligation.
• Where it is necessary for our legitimate interests (or those of a third party) and your interests and fundamental rights do not override those interests.

We may also use your personal data in the following situations, which are likely to be less common:
• Where we need to protect your vital interests (or someone else's interests).
• Where it is needed in the public interest (for example, equal opportunities monitoring) or for official purposes.

Generally we do not rely on consent as a legal basis for processing your personal data other than in relation to sending direct marketing communications to you via email. You have the right to withdraw consent to marketing at any time by contacting us.

6. The personal data we collect from you

Enquiries and leads

When you request information or make enquiries about any of our services or programmes, we may use the personal data you provide in order to fulfil your request or respond to your enquiry.  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. It is in our legitimate interests to use your personal data in this way so that you receive the information you have requested.

Applications and Enrolments 

If you are applying or enrolling as a student, we may collect the following personal data about you:
• Personal contact details such as name, title, addresses, telephone numbers, and personal email addresses.
• Date of birth.
• Gender.
• Nationality and country of residence.
• Education history.
• Employment history (if applicable).
• Professional certification number.
• Central Applications Office (CAO) number (if applicable).
• Personal Public Service (PPS) number (if applicable).
• Credit card or other payment information in order to process your payments.

This information will be used by us to perform the contract we have entered into with you. 
We may also collect information about your academic experience and progression.  This is in order to fulfil our contract with you but it is also in our legitimate interests to use this personal data in order to monitor the provision of our service to you.
We may also collect personal data about your health in order to make appropriate arrangements and reasonable adjustments for you regarding your welfare or attendance.  We use this information in order to perform our contract with you and in order to comply with our legal obligations.
We also may collect from you emergency contact information, such as the telephone number or email address for a friend or family member. By submitting such data to us, you represent to us that you have obtained consent from your emergency contacts to provide us their information for this purpose. 

Marketing

Where you have explicitly consented to do so, we may use your personal data to 
i. Inform you of new information that we believe may be of interest to you and the programme area(s) you have shown the interest in; and/or
ii. Invite you to Open Events or Information Sessions relevant to your programme(s) of interest. 
If you would prefer that we do not send such communications to you, please follow the opt-out links on any marketing message or contact us using the contact details in this Privacy Notice.

Internal business purposes

We also may use your personal data for our internal business purposes.  This is in our legitimate interests in order to operate as a business and monitor and improve the services we provide.  Where possible we will anonymise this information.  Please contact us using the contact details in this Privacy Notice if you would like more information.

Automated technologies or interactions. 

As you interact with our website, we may automatically collect technical data about your equipment, browsing actions and patterns. We collect this personal data by using cookies and other similar technologies. Please see our cookie policy on our website for further details.

If you fail to provide personal data
Where we need to collect personal data by law, or under the terms of a contract we have with you and you fail to provide that data when requested, we may not be able to perform the contract we have or are trying to enter into with you (for example, to provide you with goods or services). In this case, we may have to cancel a product or service you have with us but we will notify you if this is the case at the time.
7. When and how we share your personal data with others
We may share your personal data with third parties where required by law, where it is necessary to perform a contract or where we have a legitimate interest in doing so. 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.
Such third parties may include the following:
• Our service providers: We may share your personal data with other companies that perform certain services on our behalf.  These services may include legal, financial and accounting advice, processing payments, providing customer service and marketing assistance, performing business and sales analysis and supporting our website and IT functionality. These service providers may be supplied with or have access to your personal data solely for the purpose of providing these services to us or on our behalf.  DBS is the data controller and will remain accountable for your personal data.
• Your employer or sponsor:  We may share your personal data with your employer or sponsor with whom we have a contract relating to your programme of study. This may include attendance and exam results
• Agents. 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.
• Awarding Bodies: We provide certain personal information collected by us, including PPS numbers, to Quality and Qualifications Ireland (QQI) and other Awarding Bodies to allow them to process students’ results through their system
• Department of Justice: We are obliged to provide certain personal information, including attendance records, to the Department of Justice regarding non-EEA visa requiring students.
• Parents and guardians:  If you are under 18, we may share your personal data with your parents or guardians in order to perform our contract, comply with our legal obligations and if it is in your vital interests.
• Other entities in the Kaplan group:  We may share your personal data with other entities in our group as part of our regular reporting activities on company performance, in the context of a business reorganisation or group restructuring exercise or for system maintenance support and hosting of data.
• Professional bodies and regulators: We may need to share your personal data if required by a professional body or institute related to your programme or if required by a regulatory body or to otherwise comply with law.
• Others: We may share your personal information with other third parties such as in the context of the possible sale of our business. We may also need to share your personal data in order to permit us to pursue available remedies or limit damages we may sustain.

8. Transfer of your personal data to other countries

As we are an international business with employees, entities and service providers all over the world, we may need to transfer the personal data you provide to us to other countries which may be outside the European Economic Area (EEA). 
The data protection laws in such countries may not be as comprehensive and provide the same level of protection for your personal data as those within the EEA. In these circumstances, we will take appropriate steps to ensure that your personal data is handled as described in this Privacy Notice.  These steps will include appropriate contractual mechanisms.  Please contact us using the contact details in this Privacy Notice if you would like more information.

9. The security of your personal data

We have put in place appropriate security measures to prevent your personal data from being accidentally lost, used or accessed in an unauthorised way, altered or disclosed. In addition, we limit access to your personal information to those employees, service providers, business partners, agents and other third parties who have a legitimate need to know. They will only process your personal information on our instructions or as otherwise agreed and they are subject to a duty of confidentiality.
We have put in place procedures to deal with any suspected data security breach and will notify you and any applicable regulator of a suspected breach where we are legally required to do so.

10. Our storage and retention of your personal data

We will only retain your personal data for as long as necessary to fulfil the purposes we collected it for, including for the purposes of satisfying any legal, accounting or reporting requirements. To determine the appropriate retention period for personal data, we consider the amount, nature, and sensitivity of the personal data, the potential risk of harm from unauthorised use or disclosure of your personal data, the purposes for which we process your personal data and whether we can achieve those purposes through other means, and the applicable legal requirements. Please contact us using the contact details in this Privacy Notice if you would like more information. 
It is important that the personal information we hold about you is accurate and current. Please keep us informed if your personal information changes during your working relationship with us.
In some circumstances we may anonymise your personal data so that it can no longer be associated with you, in which case we may use such information without further notice to you. 

11. Your rights as a data subject

Under certain circumstances, by law you have the right to:
• Request access to your personal data (commonly known as a "data subject access request"). This enables you to receive a copy of the personal data we hold about you and to check that we are lawfully processing it.
• Request correction of the personal that we hold about you. This enables you to have any incomplete or inaccurate information we hold about you corrected.
• Request erasure of your personal data. This enables you to ask us to delete or remove personal data where there is no good reason for us continuing to process it. You also have the right to ask us to delete or remove your personal data where you have exercised your right to object to processing (see below).
• Object to processing of your personal data where we are relying on a legitimate interest (or those of a third party) and there is something about your particular situation which makes you want to object to processing on this ground. You also have the right to object where we are processing your personal information for direct marketing purposes.
• Request the restriction of processing of your personal data. This enables you to ask us to suspend the processing of personal data about you, for example if you want us to establish its accuracy or the reason for processing it.
• Request the transfer of your personal data to another party.

If you want to review, verify, correct or request erasure of your personal data, object to the processing of your personal data, or request that we transfer a copy of your personal information to another party, please contact us using the contact details in this Privacy Notice.

No fee usually required
You will not have to pay a fee to access your personal data (or to exercise any of the other rights). However, we may charge a reasonable fee if your request for access is clearly unfounded or excessive. Alternatively, we may refuse to comply with the request in such circumstances.

What we may need from you
We may need to request specific information from you to help us confirm your identity and ensure your right to access the information (or to exercise any of your other rights). This is another appropriate security measure to ensure that personal information is not disclosed to any person who has no right to receive it.

Your right to withdraw consent
In circumstances where you may have provided your consent to the collection, processing and transfer of your personal data for a specific purpose, you have the right to withdraw your consent for that specific processing at any time. To withdraw your consent, please contact us using the contact details in this Privacy Notice. Once we have received notification that you have withdrawn your consent, we will no longer process your information for the purpose or purposes you originally agreed to, unless we have another legitimate basis for doing so in law.

12. Changes to this Privacy Notice

We reserve the right to update this Privacy Notice at any time, and we will provide you with a new Privacy Notice when we make any substantial updates. We may also notify you in other ways from time to time about the processing of your personal information.

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: Rachael Convery

Address: Kaplan – Legal Department

2nd Floor, Warwick Building, Kensington Village

Avonmore Road, London W14 8HQ

Tel: 0044 208 727 3500

Email: rachael.convery@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.