AEYRAND TERMS AND CONDITIONS FOR SALE OF E-LEARNING PROGRAMMES
These terms and conditions will apply between Aeyrand (“Aeyrand” and/or “we”) and any applicant who accepts an offer of a course or education programme (“Programme”) at Aeyrand. It is important that you read these terms and conditions in full before applying for a programme offered by Aeyrand.
1. THESE TERMS
1.1 What these terms cover. These are the terms and conditions (Terms) which apply to any offer to you to join a programme of study online i.e. e-learning (Programmes) listed on our website aeyrand.com (our Site). The Programme is a service we provide to you with electronic delivery.
1.2 Why you should read them. These Terms will apply to a) any Application you make; and b) any Contract between us under which you agree to join a Programme. Please read these Terms carefully and make sure that you understand them, before joining a Programme through our Site. Please note that by joining any of our Programmes, you agree to be bound by these Terms and the other documents expressly referred to in them. These Terms also tell you who we are, how we will provide Programmes to you, how you and we may change or end our Contract, what to do if there is a problem and other important information. If you think that there is a mistake in these Terms, please contact us to discuss.
2. OUR PROGRAMMES
2.1 Prospectus accuracy. All samples, drawings, descriptive matter, specifications and advertising issued by us, and any descriptions or illustrations contained in our materials, catalogues, brochures, Prospectus or on our Site are issued or published for illustrative purposes only and do not form part of the Contract with you. Although we have made every effort to be as accurate as possible, any typographical, clerical or other error or omission on our Site or in any sales literature, quotation, Programme Fees list, invoice, Prospectus or other document or information we issue shall be subject to correction, provided that the correction does not materially affect the Contract.
3. TERMS APPLICABLE TO ALL STUDENTS
3.1 Regardless of your method of study and where you reside, you must:
3.1.1 ensure that the information you provide to us (whether on the Application or after a Contract is formed) is at all times complete and accurate;
3.1.2 ensure that you have all necessary access and facilities (including access to the requisite technology and tools) required to access and use all aspects of the Programme and Programme Materials.
3.2 Connecting to our Site to receive the Programme. You are solely responsible for obtaining and maintaining your own network connections and telecommunications links and we accept no liability for any costs, problems, conditions, delays, delivery failures and/or any other loss or damage incurred or sustained by you, arising directly or indirectly from your failure to comply with these Terms.
3.3 Prohibited actions. As a student under a Contract, you must not:
3.3.1 breach any provision of these Terms;
3.3.2 copy (except to the extent permissible under applicable law or for normal use of the Programme as may be permitted by these Terms), reproduce, translate, adapt, vary or modify any of the Programme Materials or software underlying the learning environment, nor communicate them or it to any third party, without our prior written consent; or
3.3.3 remove, adapt or otherwise tamper with any copyright or trade mark notice, legend or logo which appears as part of the Programme Materials.
4. PROGRAMME MATERIALS, LEARNING ENVIRONMENTS AND TUTOR SUPPORT
4.1 Access to Learning Environment. Access to your Learning Environment, Programme Materials and tutor support will be available from the Access Date for the duration of the Programme as set out in the Prospectus for your Programme. Following completion of the Programme, your access to Programme Materials, any Study Centre and tutor support will cease.
5.1 This clause applies to your use of the learning environment and other interactive services. This clause sets out the terms upon which you access the learning environment ( “the LE”), as a registered user. Use of the LE includes accessing, browsing, posting or uploading documents to the LE or sending direct messages to other users.
5.2 Changes to the LE. We may update the LE from time to time, and may change the content at any time. We do not guarantee that the LE will be free from bugs and errors at all times.
5.3 Username and password. You will be provided with a user identification code and password as part of our security procedures, and you must treat such information as confidential. You must not disclose it to any third party. If you know or suspect that anyone other than you knows your user identification code or password, you must promptly notify us at email@example.com. We have the right to disable any user identification code or password, whether chosen by you or allocated by us, at any time, if in our reasonable opinion you have failed to comply with any of the provisions of this clause 5.3.
5.4 Content standards. Whenever you make use of a feature that allows you to upload content to the LE, or to make contact with other users of the LE:
5.4.1 you must comply with the content standards set out in this clause 5;
5.4.2 you warrant that any such contribution does comply with those standards, and you will be liable to us and indemnify us for any breach of that warranty. This means you will be responsible for any loss or damage we suffer as a result of your breach of warranty.
5.5 Information uploaded to LE shall be non-confidential. Any content you upload to all-user facing elements of the LE will be considered non-confidential and non-proprietary, and we have the right to use, copy, distribute and disclose to third parties any such content for any purpose.
5.6 Disclosure of information. We have the right to disclose your identity to any third party who is claiming that any content posted or uploaded by you to the LE constitutes a violation of their intellectual property rights, or of their right to privacy.
5.7 We are not liable for your acts or ommissions. We will not be responsible, or liable to any third party, for the content or accuracy of any content posted by you or any other user.
5.8 We have the right to remove or edit any of your content on the LE. We have the right to remove or edit any posting you make on the LE if, in our opinion, your post does not comply with the content standards set out in clause 5.9.
5.9 Content Standards. These content standards apply to any and all material which you contribute to the LE (contributions), and to any interactive services associated with it. You must comply with the following standards which apply to each part of any contribution as well as to its whole. Contributions must not:
5.9.1 Contain any material which is defamatory of any person.
5.9.2 Contain any material which is obscene, offensive, hateful or inflammatory.
5.9.3 Promote sexually explicit material.
5.9.4 Promote violence.
5.9.5 Promote discrimination based on race, sex, religion, nationality, disability, sexual orientation or age.
5.9.6 Infringe any copyright, database right or trade mark of any other person.
5.9.7 Be likely to deceive any person.
5.9.8 Be made in breach of any legal duty owed to a third party, such as a contractual duty or a duty of confidence.
5.9.9 Promote any illegal activity.
5.9.10 Be threatening, abuse or invade another’s privacy, or cause annoyance, inconvenience or needless anxiety.
5.9.11 Be likely to harass, upset, embarrass, alarm or annoy any other person.
5.9.12 Be used to impersonate any person, or to misrepresent your identity or affiliation with any person.
5.9.13 Give the impression that they emanate from us, if this is not the case.
5.9.14 Advocate, promote or assist any unlawful act such as (by way of example only) copyright infringement or computer misuse.
6. OUR RIGHTS TO MAKE CHANGES
6.1 Minor changes to the Programme and their Terms. We may change elements of the Programme and/or these Terms:
6.1.1 to reflect changes in relevant laws and regulatory requirements;
6.1.2 to reflect changes to any policies you may need to comply with as part of being enrolled on the Programme (such as policies relating to conduct, plagiarism or equality);
6.1.3 to correct any errors or omissions from the Terms and/or the Programme;
6.1.4 to reflect changes in how we accept payment from you; and
6.1.5 to implement minor technical and academic adjustment and improvements, for example to address a change in teaching methods or current awareness of a topic as advised by a commissioning or accrediting body of the Programme. These changes will not affect your ultimate qualification.
7. PROVIDING THE PROGRAMME
7.3 Reasons we may suspend the Programme (or parts of the Programme). We may have to suspend the supply of the Programme (or parts of the Programme) to:
7.3.1 deal with technical problems or make minor technical changes (particularly in respect of the Programme Materials);
7.3.2 update the Programme to reflect changes in relevant laws and regulatory requirements;
8 RIGHT OF WITHDRAWAL
8.1 Exercising your right to change your mind – applies to you both as a consumer and as a business. All of these rights are explained in more detail in these Terms below.
CONSUMER – RIGHT OF WITHDRAWAL
8.2 How long do I have to change my mind? You have 14 days after the day you have purchased your Programme. If you cancel after you have started the Programme, you may have to pay us for the part of the Programme provided up until the time you tell us that you have changed your mind. Please send us a notice at firstname.lastname@example.org if you wish to you use your right of withdrawal stating your name, course/programme and student number.
BUSINESS – RIGHT OF WITHDRAWAL
8.3 How long do I have to change my mind? You have 2 days after the day you have purchased your Programme. If you cancel after you have started the Programme, you may have to pay us for the part of the Programme provided up until the time you tell us that you have changed your mind. Please send us a notice at email@example.com if you wish to you use your right of withdrawal stating your name, your company name, course/programme and student number.
9. IF THERE IS A PROBLEM WITH THE PROGRAMME OR YOU HAVE A COMPLAINT
9.1 How to tell us about problems. If you have any questions or complaints about the Programme or the Programme Materials, please contact us. You can write to us by e-mail at firstname.lastname@example.org.
10. PROGRAMME FEES AND PAYMENT
10.1 Where to find the Programme Fees. The Programme Fees of the Programme will be indicated in the Prospectus (where applicable) and on our Site. We take all reasonable care to ensure that the Programme Fees advised to you are correct.
10.2 VAT. The Programme Fees are exempt of VAT.
10.3 How you must pay. We accept payment by a variety of methods if you are paying for your Programme directly. These methods are listed on our Site.
10.4 When you must pay. Payment of the Programme Fees shall be made in full before the Programme commences.
10.5 Currency of Programme Fees. The Programme Fees and currency payable for your Programme will depend on your country of residence and will be stated within our Offer to you.
11. INTELLECTUAL PROPERTY RIGHTS
11.1 The intellectual property in the Programme, Programme Materials and learning environment belong to us. You acknowledge that:
11.1.1 all intellectual property rights used by or subsisting in the Programme, Programme Materials and the learning environment are and shall remain our exclusive property;
11.1.2 rights to access and use the Programme, Programme Materials and the learning environment are licensed (and not sold) to you;
11.1.3 you have no rights in, or to, the Programme, Programme Materials and the learning environment other than to use it for the purposes of your studies; and
11.1.4 you will not at any time make any unauthorised use of, or copy, reproduce, modify, distribute, republish, display, post or transmit any aspect of the Programme, Programme Materials or the learning environment containing such intellectual property rights, nor authorise or permit any person to do so.
11.2 Work created by you as a student. Any documentation, project work or other materials by you as a student on a Programme will be solely owned by you.
11.3 Licence of submitted work to us. Where you have submitted work to us as part of the Assessments of a Programme, you agree to give us a permanent licence of that work for us to use for academic and research purposes, as well as submitting the work to external moderators or other third parties. We will always ensure that you are appropriately referenced as the creator of that work.
12. HOW WE MAY USE YOUR PERSONAL INFORMATION
12.2 How we will use your personal information. We will use the personal information you provide to us:
12.2.1 to supply the Programme to you;
12.2.2 to process your payment of the Programme Fees; and
12.2.3 if you agreed to this during the application process, to inform you about similar or complimentary Programmes that we provide, but you may stop receiving these at any time by contacting us.
12.3 We will at all times follow up with the respective law. We will take appropriate technical and organisation measures against unauthorised or unlawful processing of your personal data or its accidental loss, destruction or damage. In the event of any loss or damage to your personal data, we will use reasonable commercial endeavours to restore the lost or damaged data from the latest back-up of such data. We will only give your personal information to other third parties where the law either requires or allows us to do so.
13. OTHER IMPORTANT TERMS
13.1 We may transfer the Contract to someone else. We may transfer our rights and obligations under these Terms to another organisation. We will always tell you in writing if this happens and we will ensure that the transfer will not affect your rights under the Contract.
13.3 Applicable Terms. When you purchase a Programme or individual Module (or Modules), the Terms in force at the time of that purchase will apply to the Contract between you and us.
13.4 You cannot transfer your rights to someone else. The Contract between us is personal to you and cannot be completed by any other individual. As such, you shall have no ability to transfer the Contract to another individual or entity.
13.5 If a court finds part of this Contract illegal, the remainder will continue in force. Each of the paragraphs of these Terms operates separately. If any court or relevant authority decides that any of them are unlawful, the remaining paragraphs will remain in full force and effect.
13.6 Applicable law. These Terms are governed by Dutch law and any disputes shall be submitted by the competent Dutch court.
14. OTHER APPLICABLE TERMS
14.1 These Terms refer to the following additional terms, which also apply to your use of our Site:
- Our Cookies Policy, which sets out information about the cookies on our Site.
15. INFORMATION ABOUT US
15.1 aeyrand.com is a site operated by Aeyrand B.V. (we or us). We are a private limited company, registered in the Netherlands with the Chamber of Commerce under company number 60290943 and we have our registered office at Jodenstraat 13, 6211 ER Maastricht. Our VAT number is NL 853846558B01. Our education status is on the basis of being a private institute which does not receive funding from the Higher Education Funding Council for the Netherlands.
16. CHANGES TO THESE TERMS
16.1 We may revise these Terms at any time by amending this page. Please check this page from time to time to take notice of any changes we have made, as they are binding on you.
17. CHANGES TO OUR SITE
17.1 We may update our Site from time to time, and may change the content at any time. However, please note that although we make reasonable efforts to update the information on our Site, we make no representations, warranties or guarantees, whether express or implied, that the content on our Site is accurate, complete or up-to-date.
17.2 We do not guarantee that our Site, or any content on it, will be free from errors or omissions.
18. ACCESSING OUR SITE
18.1 We do not guarantee that our Site, or any content on them, will always be available or be uninterrupted. Access to our Site are permitted on a temporary basis. We may suspend, withdraw, discontinue or change all or any part of our Site without notice. We will not be liable to you if for any reason our Site are unavailable at any time or for any period.
18.2 You are responsible for making all arrangements necessary for you to have access to our Site.
18.3 You are also responsible for ensuring that all persons who access our Site through your internet connection are aware of these Terms and other applicable terms and conditions, and that they comply with them.
19. INTELLECTUAL PROPERTY RIGHTS
19.1 We are the owner or the licensee of all intellectual property rights in our Site, and in the material published on it. Those works are protected by copyright laws and treaties around the world. All such rights are reserved.
19.2 You must not modify the paper or digital copies of any materials you have printed off or downloaded in any way, and you must not use any illustrations, photographs, video or audio sequences or any graphics separately from any accompanying text.
19.3 Our status (and that of any identified contributors) as the authors of content on our Site must always be acknowledged.
19.4 You must not use any part of the content on our Site for commercial purposes without obtaining a licence to do so from us or our licensors.
19.5 If you print off, copy or download any part of our Site in breach of these Terms, your right to use our Site will cease immediately and you must, at our option, return or destroy any copies of the materials you have made.
20. NO RELIANCE ON INFORMATION
20.1 The content on our Site is provided for general information only. It is not intended to amount to advice on which you should rely. You must obtain professional or specialist advice before taking, or refraining from, any action on the basis of the content on our Site.
21. PROHIBITED USES
You may use our Site only for lawful purposes. You may not use our Site:
- In any way that breaches any applicable local, national or international law or regulation.
- In any way that is unlawful or fraudulent, or has any unlawful or fraudulent purpose or effect.
- For the purpose of harming or attempting to harm minors in any way.
- To send, knowingly receive, upload, download, use or re-use any material which does not comply with our content standards.
- To transmit, or procure the sending of, any unsolicited or unauthorised advertising or promotional material or any other form of similar solicitation (spam).
- To knowingly transmit any data, send or upload any material that contains viruses, Trojan horses, worms, time-bombs, keystroke loggers, spyware, adware or any other harmful programs or similar computer code designed to adversely affect the operation of any computer software or hardware.
You also agree:
- Not to reproduce, duplicate, copy or re-sell any part of our Site.
- Not to access without authority, interfere with, damage or disrupt:
- any part of our Site;
- any equipment or network on which either or both of our Site are stored;
- any software used in the provision of our Site; or
- any equipment or network or software owned or used by any third party.
22. BREACHING THESE TERMS
22.1 We will determine, in our discretion, whether there has been a breach of these Terms through your use of our Site.
22.2 Failure to comply with these Terms may result in us taking legal proceedings against you for reimbursement of all costs on an indemnity basis (including, but not limited to, reasonable administrative and legal costs) resulting from the breach. It may also result in disclosure of such information to law enforcement authorities as we reasonably feel is necessary.
23. LIMITATIONS OF OUR LIABILITY
23.1 Nothing in these Terms excludes or limits our liability for death or personal injury arising from our negligence or any other liability that cannot be excluded or limited by Dutch law.
23.2 To the extent permitted by law, we exclude all conditions, warranties, representations or other terms which may apply to our Site or any content on it, whether express or implied.
23.3 We will not be liable to any user for any loss or damage, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, even if foreseeable, arising under or in connection with:
- use of, or inability to use, our Site; or
- use of or reliance on any content displayed on our Site.
23.4 Please note that our Site is only intended for educational purposes and you agree not to use our Site for any commercial or business purposes, and we have no liability to you for any loss of profit, sales, business or revenue; business, business interruption; loss of any anticipated savings, loss of business opportunity, goodwill or reputation; or any indirect or consequential loss or damage.
23.5 We will not be liable for any loss or damage caused by a virus, distributed denial-of-service attack, or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of our Site or to your downloading of any content on it, or on any website linked to it.
23.6 We assume no responsibility for the content of websites linked on our Site. Such links should not be interpreted as endorsement by us of those linked websites. We will not be liable for any loss or damage that may arise from your use of them.
23.7 Different limitations and exclusions of liability will apply to liability arising as a result of you applying or enrolling onto a Programme with us, these Terms are set out in our [Terms and Conditions for sale of distance and blended learning Programmes].
24.1 We do not guarantee that our Site will be secure or free from bugs or viruses.
24.2 You are responsible for configuring your information technology, computer programmes and platform in order to access our Site. You should use your own virus protection software.
24.3 You must not misuse our Site by knowingly introducing viruses, trojans, worms, logic bombs or other material which is malicious or technologically harmful. You must not attempt to gain unauthorised access to our Site, the server(s) on which our Site 24.4 are stored or any server, computer or database connected to our Site. You must not attack our Site via a denial-of-service attack or a distributed denial-of service attack. We will report any such breach to the relevant law enforcement authorities and we will co-operate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use our Site will cease immediately.
25. LINKING TO OUR SITE
25.1 You may link to our Site, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it.
25.2 You must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists.
25.3 You must not establish a link to our Site in any website that is not owned by you.
25.4 Our Site must not be framed on any other site, nor may you create a link to any part of our Site other than the home page.
25.5 We reserve the right to withdraw linking permission without notice.
25.6 If you wish to make any use of content on our Site other than that set out above, please contact email@example.com.
26. THIRD PARTY LINKS AND RESOURCES ON OUR SITE
26.1 Where our Site contain links to third party sites and other resources provided by third parties, these links are provided for your information only.
26.2 We have no control over the contents of those sites or resources.
27. APPLICABLE LAW
27.1 Please note these Terms, its subject matter and its formation, are governed by Dutch law. You and we both agree to that the courts of the Netherlands will have exclusive jurisdiction.