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1. Interpretation

European College of Management and ECM College are registered business names of Dublin College of Business Studies Ltd. Registered company number 483821. Directors Patrick O’Loughlin, Ciaran O’Loughlin. Reg. Office: Units 1-5 St John’s Grove, Johnstown, Naas, Co. Kildare, Republic of Ireland.

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 ECM College and/or The European College of Management.
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 Act 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 80% 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 or standing order and the cheque or standing order is subsequently dishonoured, the Student will be liable to pay the College a €30 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 will be refunded less an administration charge of €100 (plus any courier and transfer charges) on production of the following documents:

5.7.1 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 payor was not the Student, an original authority letter from the Student authorising the repayment to the payer.

 

6. Cancellation and Deferral:

6.1 The Student may 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.

 

7. Intellectual Property Rights:

7.1 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.

 

8. Liability:

8.1 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.

8.2 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.

8.3 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.

 

9. Events Outside the College’s Control:

9.1 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”).

9.2 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:

9.2.1 strikes, lock outs or other industrial action; or

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

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

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

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

9.3 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.

 

10. Termination:

10.1 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 on-going attendance requirements or for late commencement of study. No refunds will be made to any Students dismissed under this Condition 10.1.

10.2 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.

10.3 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 and/or 13.2 of the Agreement, any fees/and or deposits paid by the Student will not be refunded.

10.4 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.

10.5 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.

10.6 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 on-going attendance requirements.

 

11. Assignment:

11.1 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.

 

12. Notices:

12.1 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.

12.2 For foreign language courses (Spanish, Italian, German, French, Portuguese, Chinese, Japanese, Arabic, Polish, Russian, Irish): minimum class size of 4 people apply; course must be booked prior to class commencement (at least 10 days in advance); and appointments required and subject to availability. For group purchases through Living Social, vouchers: cannot be combined with any other offer or promotion; entire value must be used in one visit; no cash value/cash back; may be used over multiple visits; limit 2 per person, additional as gifts; merchant cancellation/re-scheduling policy of 24 hours applies; voucher subject to forfeiture

 

13. General:

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

13.2 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.

13.3 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.

13.4 Where the Student resided in the EU at the time of entering into the Agreement, the Student has 7 working days to cancel the Agreement from the time the College received the countersigned Offer Letter or all or part of the tuition fees. The Student can do so by notifying the College at the following email address: admin@ecmcollege.ie. After such time any sums the Student has paid will become non-refundable in accordance with these Conditions. Where the College has already started to provide the tuition Services before the end of the 7 working day period, the Student’s cancellation rights will end as soon as the College starts carrying out the Services. 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: Abbey House, Jervis Street, Dublin 1.

13.5 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.

13.6 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.

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