Terms & Conditions

General terms and conditions for online and on campus in-person taught courses

FEYDEY International S.A.
These terms and conditions apply to Services provided by FEYDEY International S.A. (company number CHE-278.360.520), with registered office 35 Route de Belvedere, 1854 Leysin, Switzerland (hereafter “FEYDEY” or “we” or “us”).

You may contact us on customerservice@feydey.com and/or + 41 24 477 6000

These terms and conditions are in addition to the Website Disclaimer and apply to the sale of any Online Course and/or on campuses in-person Taught Course.

Please read these terms and conditions carefully before purchasing an Online Course and/or On Campus in person Taught Course and print off a copy for your records.

If there is any conflict between our Website Disclaimer, these terms and conditions and any Course Specific Terms and Conditions which might apply to a specific Online Course or On Campus in-person Taught Course then the conflict shall be resolved by applying the following order of priority:

1. Course Specific Terms and Conditions;

2. These Standard Terms for the Purchase of Online and On Campus in-person Taught Courses;

3. Website Disclaimer.

For purchases via our website, by clicking on the “Accept” or “Register” or “Apply” or “Subscribe” or “Sign In” or “Log In” button you agree to the terms of this agreement which will bind you. If you do not agree to these terms and conditions you must cease to continue to purchase any Services from us.

1. Definitions

“Confidential Information” means information provided by one party to the other in written, graphic, recorded, machine readable or other form concerning the business, clients, suppliers, finances and other areas of the other party’s business or products, including, without limitation, the Course Materials, but does not include information in the public domain other than through the default of the party disclosing the information, information required to be disclosed by any court or regulatory authority, or any information already in the possession or control of the disclosing party.

“Course Materials” means the information provided by FEYDEY to accompany a course provided as part of the Services in hard copy or electronic form.

“Fees” or “Proce” or “Cost” means the fees paid by you to FEYDEY for the Services.

“Intellectual Property Rights” and/or ® and/or © and or TM means copyright, rights in or relating to databases, patent rights, performers’ rights, designs and registered designs, trademarks, rights in or relating to Confidential Information and other intellectual property rights (registered or unregistered) throughout the world.

“Online Course” means the delivery by us of an online course pursuant to which you learn course materials remotely through FEYDEY LMS (Learning Management system), online webinars and/or live instruction.

“Services” means the provision of the Online Course and/or the Taught Course and/or the Course Materials together with such other services as agreed from time to time and purchased by you through the Website, e-mail, social media or by telephone.

“Taught Course” means a course taught by us in a classroom setting, on campus, to which you attend in person or delivered through FEYDEY LMS, online, webinars and live instruction.

“Website” means www.feydey.com and www.feydey.ch and www.feydey.org and www.feydey.co.uk and www.feydey.online and www.feydey.eu and www.feydey.group

“you” means the individual purchasing the Services.

2. The Services

2.1. A description of the Services together with the dates on which the Services will begin are available on our Website. We will provide the Services with reasonable care and skill in accordance with the description set out on the Website.

2.2. We reserve the right to vary or withdraw any of the Services described on the Website without notice.

2.3 We expect you to confirm that the Services you are purchasing will meet your needs. We do not make any guarantee to you that you will obtain a particular result, professional qualification or employment opportunity from your purchase and completion of any of the Services.

3. Ordering Services

Purchasing Services via the Website

3.1. In order to purchase any of the Services on-line you must register for an account with us via the Website. If you already have an account with us you can log into your account using your user name and password.

Purchasing Services via the Telephone

3.2. To purchase a Service over the telephone please call + 41 24 477 6000. You do not need to have registered for an account with us to purchase any of the Services over the telephone. You must, however, register for an account with us to access your course on-line.

3.3. When you place an order for a Service via the Website, or telephone you are offering to purchase the Services on these terms and conditions. FEYDEY reserves the right to cancel or decline your order or any part of your order at any time until it has been confirmed in accordance with clause 3.5 below.

3.4. Following receipt by us of your order for Services via the Website or on the telephone we will contact you confirming receipt of your order.

3.5. A legally binding agreement between us and you shall come into existence when we have :
(a) accepted your offer to purchase Services from us by sending you an email confirming the purchase; and
(b) received payment of the relevant Fees from you in accordance with clause 5 below.

3.6. Where your order consists of multiple Online Courses or multiple Taught Courses on campus, each individual course will be treated by us as a separate offer to purchase. Acceptance of your offer to buy one or more courses will not be acceptance by us of your offer to purchase any other courses which make up your order.

3.7. FEYDEY does not and is not responsible for booking any examination with any professional body or examination board. It is your responsibility to ensure that you book prior to the relevant closing date any exam necessary that you wish to take and which may or may not be associated with the subject matter of the Services provided to you by FEYDEY.

4. Cancellation and Variation

4.1. Subject to clause 4.2 below, where we have accepted / confirmed the Services being purchased by you and formed a legally binding agreement with you in accordance with clause 3.5 above, then you are permitted within 3 (three) days starting on the day after the date we have concluded our agreement in accordance with clause 3.4, to cancel your purchase of the Services.

4.2. If you have purchased an Online Course and have already received username and password of FEYDEY LMS, accessed, downloaded all or part of the Online Course material and/or started to use that Online Course then you are permitted within 3 (three) days starting on the day after the first sign in or log in into LMS (Learning Management System – online platform) to cancel your purchase of the Services. After 3 (three) days you shall have no right to cancel your order.

4.3. Notwithstanding clause 4.1 there is no other right to cancel or vary your purchase of Services and any other cancellation and / or variation of course dates will be at the entire discretion of FEYDEY.

5. Fees

5.1. The Fees for the Services shall be as set out on the Website or as told to you over the telephone at the time you placed an order for them.

5.2. Unless otherwise specified at the time you purchase the Services the Fees are exclusive of VAT or other local taxes, the cost of some Course Materials and any delivery costs payable in respect of the delivery of Course Material to you. Each of these costs will be set out in the Website or told to you over the telephone prior to your purchase the Services.

5.3. Save where specifically stated otherwise on the Website, all Fees shall be exclusive of any amounts payable to any professional body for registration and examination entry. These are payable by you directly to the relevant professional body or examination board and we accept no responsibility or liability for your failure to book your exam with the relevant professional body or examination.

5.4. Fees for the Service selected by you on the Website or purchased over the telephone shall be debited from your credit / debit card at the time of purchase. Alternatively, can be requested invoice for bank transfer to FEYDEY official UBS Bank account. Fees must be paid in full prior to you attending any Taught Course on campus in-person or accessing any Online Course.

5.5. Any fees charged by your debit or credit card provider in connection with your purchase of Services are for your own account and FEYDEY shall not be responsible for these.

5.6. You shall be responsible for all costs you incur in connection with your attendance at any Taught Courses on campus in-person or your access onto any Online Course.

6. Liability

6.1. No part of the provision of the Services shall be deemed to be, nor is it intended to be, nor should it be taken to be, the provision of investment advice.

6.2. Although FEYDEY aims to provide the Services to the highest standards of the industry, neither it, nor its trainers accept any liability for (i) any inaccuracy or misleading information provided in the programmes or Course Materials and any reliance by Client on any such information, (ii) any loss or corruption of data, (iii) any loss of profit, revenue or goodwill, or (iv) any indirect, special or consequential loss arising from any breach of the terms of this Agreement.

6.3. Except to the extent that they are expressly set out in these terms and conditions, no conditions, warranties or other terms shall apply to the Services. Subject to clause 6.5 no implied conditions, warranties or other terms apply (including any implied terms as to satisfactory quality, fitness for purpose or conformance with description).

6.4. Subject to clause 6.5 below, FEYDEY’s total liability arising from or in connection with these terms and conditions and in relation to anything which we may have done or not done in connection with these terms and conditions and the delivery of the Service (and whether the liability arises because of breach of contract, negligence or for any other reason) shall be limited to the Fees received by us in connection with the relevant Online Course or Taught Course on campus in person in relation to which a dispute has arisen.

6.5. Nothing in this Agreement shall exclude or limit FEYDEY’s liability for (i) death or personal injury caused by negligence, (ii) fraudulent misrepresentation or (iii) any other matter which under Swiss law may not be limited or excluded.

6.6. No claim may be brought more than six months after the last date on which the Services concerned have finished or ceased to be provided by us.

7. Intellectual Property

7.1. All Intellectual Property Rights in the Course Materials, Online Courses and the speeches made by trainers at the Taught Courses on campus in person are, and remain, the intellectual property of FEYDEY or its licensors, whether adapted, written for or customised for the Client or not.

7.2. You are not authorised to:

(i) copy, modify, reproduce, re-publish, sub-licence, sell, upload, broadcast, post, transmit or distribute any of the online or other Course Materials without prior written permission;

(ii) record on video or audio tape, relay by videophone or other means the Online Course or Taught Course on campus in person given

(iii) use the Course Materials in the provision of any other course or training whether given by us or any third-party trainer;

(iv) remove any copyright or other notice of FEYDEY on the Course Materials;

(v) modify, adapt, merge, translate, disassemble, decompile, reverse engineer (save to the extent permitted by law) any software forming part of the Online Courses.

Breach by you of this clause 7.2 shall allow us to immediately terminate these terms and conditions with you and cease to provide you with any Services, including but not limited to access to the Online Courses.

7.3. In consideration of the Fees paid by you, we grant to you a limited, non-transferable, non-exclusive licence to use the Course Materials and the software in respect of the Online Course for the sole purpose of completing the Online Course and / or attending the Taught Course.

8. Confidentiality

8.1. Each party shall keep the other party’s Confidential Information strictly confidential and not use it otherwise than for the purposes of these terms and conditions and shall return it on demand and not retain copies of it.

8.2. Either party may disclose Confidential Information to its legal and other advisors for the purposes of obtaining advice from them.

8.3. This clause shall continue notwithstanding termination of these terms and conditions.

9. Termination

9.1. We shall be entitled to terminate these terms and conditions and cease to provide you with any Services with immediate effect in the event that you:

a. fail to pay when due your Fees;

b. act in an aggressive, bullying, offensive, threatening or harassing manner towards any employee of FEYDEY, any teacher or lecturer who provides the Taught Courses online or on campus in-person or any student who attends any Taught Course online or on campus in-person;

c. cheat or plagiarise any work which you are required to prepare or submit in connection with the Services or during any examination taken in connection with the Services;

d. steal or act in fraudulent or deceitful manner towards us or our employees or any other students who may be on our premises or attending our Taught Courses online or on campus in-person;

e. intentionally or recklessly damage our property or the property of our employees or other students attending our premises;

f. are intoxicated through alcohol or illegal drugs while on our premises or online;

g. commit any criminal offence committed on our premises or online or where the victim is our employee or student;

h. are in breach of these terms and conditions.

9.2. On termination clause 6 (liability), 7 (intellectual property rights), 8 (confidentiality) and 10 (restrictions) shall continue notwithstanding such termination.

10. Assignment

Any Services provided by us under these terms and conditions are personal to you and cannot be transferred or assigned to any other person.

We shall be entitled to assign these terms and conditions to any other company without prior notice to you.

11. Entire Agreement

These terms and conditions, together with the Website Disclaimer and Course Specific Terms and Conditions are the entire agreement between the parties and supersede any prior agreements and arrangements, whether written or oral. You confirm that you have not relied on any representations in entering into these and any other terms and conditions with us. Nothing in this clause or terms and conditions shall limit liability for any fraudulent misrepresentation.

12. Force Majeure

FEYDEY shall not be liable to you for any breach of its obligations or termination under these terms and conditions arising from causes beyond its reasonable control, including, but not limited to, fires, floods, earthquakes, volcanoes and other Acts of God, terrorism, strikes, delay caused by transport disputes, pandemics, failure to provide a course caused by a death in the trainer’s family, illness of the trainer, Government edict or regulation.

13. Assignment

We may assign, transfer, sub-contract any of our rights or obligations to any third party at our discretion.

14. Data Protection

14.1 The nature of the Services provided by us means that we will obtain, use and disclose (together “Use”) certain information about you (“Data”). This statement sets out the principles governing our Use of Data. By purchasing the Services you agree to this Use.

14.2 When you register with us you will need to provide certain Data such as your contact details and demographic information. We will store this Data and use it to contact you, provide you with details of the Services you have purchased and otherwise as required during the normal provision of the course.

14.3 We may also use the above Data, and similar Data you provide us in response to surveys, to aggregate user profiles and, unless you click on the relevant button on the Registration Form, provide you with communications. We will not pass any personal data onto anyone outside of FEYDEY, except the entities officially listed in FEYDEY Privacy Policy.

14.3 To enable us to monitor and improve our Services, we gather certain aggregated information about you, including details of your operating system, browser version, domain name and IP address, the URL you came from and go to and the parts of the Website you visit.

14.4. We use information such as your User ID, session identifiers and password to enable us to identify whether you are using our services, assist with the provision of services and to ensure that you have access to relevant products. We will only read cookies from your cookie file placed there through your web browser’s interaction with the Website.

14.5. Our products may link to third party websites and we are not responsible for their data policies or procedures or their content.

14.6. FEYDEY endeavour to take all reasonable steps to protect your personal Data including the use of encryption technology but cannot guarantee the security of any Data you disclose. You accept the inherent security implications of being and transacting on-line over the internet and will not hold us responsible for any breach of security.

14.7. FEYDEY may supplement the information that you provide with information we receive from third parties, such as exam registration bodies or your employer.

14.8. If you wish to change or update the data we hold about you, please e-mail customerservice@feydey.com or contact us on + 41 24 477 6000

15. Law and Jurisdiction

This Agreement is subject to Swiss law and the parties submit to the exclusive jurisdiction of the Swiss courts, canton Vaud in connection with any dispute hereunder.

16. Terms of Use

COPYRIGHT

All content included on the FEYDEY Site, such as text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations, and software, is the property of FEYDEY or its content suppliers and protected by United States, Europe and international copyright laws. The compilation of all content on the FEYDEY Site is the exclusive property of FEYDEY its content suppliers and protected by U.S. European and international copyright laws. All software used on the FEYDEY Site is the property of FEYDEY or its content suppliers or its software suppliers and protected by United States and international copyright laws.

TRADEMARKS

“Feydey”, “FEYDEY International”, “FEYDEY Online High School”, FEYDEY Virtual Camp”, “Global Secondary Education”, “GSE®”, “IMT Class”, IMT Class World” and other FEYDEY graphics, logos, page headers, button icons, scripts, and service names are trademarks, registered trademarks or trade dress of FEYDEY in the U.S. and/or other countries. FEYDEY’s trademarks and trade dress may not be used in connection with any product or service that is not FEYDEY’s, in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits FEYDEY. All other trademarks not owned by FEYDEY that appear on this Site are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by FEYDEY.

User Representations

For the use of the Sites, you agree that:

1. No false information will be provided, and no one else will be impersonated in the use of the Sites.
2. Only the username and password dedicated to you will be used in the Sites.
3. The confidentiality of the username and password will be maintained at all times.
4. No one else will be assisted in gaining unauthorized access to the Sites.
5. Only the authorized Sites will be accessed.
6. You will inform/notify of any misuse of your username or password to the Sites.

Authorized Use of Content

All the content in the Sites is owned by FEYDEY Int. S.A., or its third-party providers, and its licensors. They are all protected by the U.S. and international intellectual property laws.

Any content in the Sites, or the Sites itself, shall not be used for any commercial purpose. Students, teachers, or school administrators, who have valid login credentials, may access, download, or print copies of content on the Sites to which the access has been granted. This sharing of content shall ONLY be for your own educational or instructional purposes, and should NOT be distributed to students who have not received access to the Sites.

On any content that is shared/copied, you agree to maintain all copyright and other intellectual property notices included in it as such.

Modifications of any type – decompiling, disassembling, decrypting, extracting, or reverse engineering – on any our content is strictly prohibited.

All rights are reserved on the Sites by FEYDEY Int. S.A., and no additional rights are provided on any grounds.

Code of Conduct

By using the Sites, you agree NOT to do any of the following:

1. Upload or transmit any kind of communications, content, software, images, or data that violate any rights of any party.
2. Use the Sites for any purpose that violates the local, state, federal, or international laws or regulations.
3. Use the Sites to advertise or distribute any unsolicited material.
4. Post material that is unlawful, obscene, defamatory, threatening, harassing, or embarrassing to any person or entity.
5. Express or suggest that any of your content is supported/recommended by us.
6. Engage in any activity that is considered abusive, violent, or cruel.

Though we reserve the right, it need not be required, to monitor, edit, or remove your content from the Sites without notice for any reason or no reason without your permission.

Third-Party Content

It is to be agreed that FEYDEY Int. S.A. does not endorse or is not responsible for any third-party content or links. We are not liable for any content that may be false, misleading, abusive, obscene, or that violates any local, state, federal, or international law or regulation. The linking to any other websites is at your own risk.

Disclaimers and Limitations on Liability

Information provided on the Sites is only on an “AS IS” basis, and FEYDEY Int. S.A. does not warrant the accuracy of the information. We do not endorse or provide implied warranties of merchantability, fitness/scope for a particular purpose, title or non-infringement, regarding any content/materials on the Sites.

We are not responsible to ensure that the materials downloaded from our Sites are free of viruses, worms, Trojan horses, or any other destructive codes.

We are, in no event, shall be liable for any losses arising in connection with the use of our Sites. We are also not responsible for any damages – incidental, economic, consequential, or exemplary – caused with the use of our Sites.

In no event shall our total liability to you for any and all damages and losses exceed the amount paid by you for the use of Sites.

Release and Indemnity

Neither we nor any of our associates, employees, or staff will be liable for claims related to the use of Sites, and thereby release all of us from any such claims.

Be acknowledged that certain security and privacy risks are indispensable in your use of the Sites and the Internet. This may, but not limited to, lead to security breaches of data or information.

You agree to indemnify and hold us, our officers, directors, employees and agents harmless from any and all claims, liabilities, damages, and expenses (including attorneys’ fees) relating to your content and your use of the Sites in violation of these Terms.

You agree to compensate for any and all damages or losses relating to your content and your use of the Sites in violation of these Terms, including attorney’s fees, etc.

NOTICE AND PROCEDURE FOR MAKING CLAIMS OF COPYRIGHT INFRINGEMENT

If any of your copyrighted work or trademark has been uploaded or posted to any of our Sites, please notify us at info@feydey.com or contact + 41 79 133 6000 We will take the necessary action as soon as practical in accordance with the Digital Millennium Copyright Act, 17 U.S.C. § 512, et seq.

If any material on the Sites is found to be defamatory or abusive toward you, please be directed to the same contact mentioned above.

All teacher materials – information, data, text, software, photographs, graphics, videos, messages, etc. posted publicly or transmitted privately are the sole responsibility of the person. This means that the teacher is entirely responsible for all content uploaded, and not FEYDEY Int. S.A. We also do not control the teacher materials posted and guarantee the accuracy or quality of the materials. In any event, FEYDEY Int. S.A. will not be liable in any way for any teacher materials.

Be aware that you do not post text, software, images, sounds, data that:

1. Could be harmful to minors.

2. Is unlawful, threatening, abusive, harassing, defamatory, libelous, deceptive, fraudulent, invasive of another’s privacy, tortious, contains explicit or graphic descriptions or accounts of sexual acts (including but not limited to sexual language of a violent or threatening nature directed at another individual or group of individuals), uses vulgar language in the creation of a username, or otherwise violates FEYDEY’s.

3. Victimizes, harasses, degrades, or intimidates an individual or group of individuals on the basis of religion, gender, sexual orientation, race, ethnicity, age, or disability.

4. Infringes on any patent, trademark, trade secret, copyright, right of publicity, or other proprietary right of any party.

5. Constitutes unauthorized/unsolicited advertising, junk/bulk e-mail (also known as “spamming”), chain letters, any other form of unauthorized solicitation, solicits passwords or personally identifiable information, or any form of lottery or gambling, sweepstakes, or advertising.

6. Disrupts the normal flow of dialogue, cause a screen to “scroll” faster than other users of the Service are able to type, or otherwise act in a manner that negatively affects other users’ ability to engage in real-time exchanges.

7. Interferes with or disrupt the Service or servers or networks connected to the Service, or disobey any requirements, procedures, policies, or regulations of networks connected to the Service.

8. Provides material support or resources (or to conceal or disguise the nature, location, source, or ownership of material support or resources) to any organization(s) designated by the United States government as a foreign terrorist organization pursuant to section 219 of the Immigration and Nationality Act.

9. “Stalk” or otherwise harass another.

10. Contains software viruses, codes, files, or programs that may damage or limit the functioning of any software or hardware, or obtain unauthorized access to any data.

11. Personifies any person or entity that may include any employee or representative of FEYDEY. No information about the users or members of the Sites be collected or the information be used to send bulk emails or any other means of communications.

You also agree that no personal information like name, address, phone number, or school’s name of students under the age of 18 be collected without parental consent.

SITE POLICIES, MODIFICATION, AND SEVERABILITY

Please review our other policies on the FEYDEY Site. These policies also govern your visit to the FEYDEY Site. We reserve the right to make changes to the FEYDEY Site, policies, and these Site Terms at any time. If any of these conditions shall be deemed invalid, void, or for any reason unenforceable, that condition shall be deemed severable and shall not affect the validity and enforceability of any remaining condition.

Miscellaneous

Governing Law – These Terms shall be ruled by and interpreted with the laws of the Switzerland, canton Voud, without reference to any conflicts of law principles that would result in the application of the laws of another jurisdiction. You agree that any legal action or proceeding concerning your use of the Sites shall be brought exclusively in Swiss court in canton Voud, and you submit to the exclusive personal jurisdiction of such courts.

Assignment – We may assign our rights and delegate our duties under these Terms to any party at any time without notice to you or any third party.

No Implied Waiver – Our failure to insist upon or enforce strict performance of any provision of these Terms shall not be construed as a waiver of any provision or right.

Severability – The provisions of these Terms are severable. In the event that any court of competent jurisdiction determines that any provision is invalid or unenforceable, such validity and unenforceability shall not in any way affect the validity or unenforceability of the remaining provisions.

The terms below are used in our website and are registered trademarks of their respective organizations:

· AP®, Advanced Placement®, ACCUPLACER® and SAT® are registered trademarks of The College Board.
· ACT® and COMPASS® are registered trademarks of ACT, Inc.
· GED® is a registered trademark of the American Council on Education.

16. Notices

You can contact us by any of the following methods: Email: customerservice@feydey.com

Post: FEYDEY International S.A. 35 Route de Belvedere, 1854 Leysin, Switzerland

Telephone: + 41 24 477 6000

Updated May 20, 2020

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