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Terms and Conditions

1. Terms of use

These terms of use ("Terms") apply to any person or organization that enrols on or uses any educational programme ("Course") provided through the Dubai College of Tourism's (“DCT” or “us”) Learning Management System ("LMS") which are delivered through websites and software which are owned and/or operated by DCT and Lobster International S.A. or an affiliate thereof ("Lobster"). A person that enrols on a Course is referred to in these Terms as a "Student" or "you". Your employer is referred to in these Terms as the "Employer".

Please read these Terms carefully. These Terms form a contract between you and DCT. By enrolling in a Course or by accessing the LMS, you confirm that you accept these Terms and that you agree to comply with them.

2. Privacy policy

Our Privacy Policy sets out the basis on which we process any personal data we collect from you, or that you provide to us. By using the LMS, you consent to the processing of your personal data in accordance with our Privacy Policy.

3. Enrolling on a Course

To enrol on a Course, you will need to be sponsored by an Employer that is registered with us. When you register on the LMS registration page, you will be asked for a unique establishment code, unless your Employer has already nominated you for enrolment (in which case you will still need to register with us in order to complete your enrolment).

Your must have your enrolment on a Course confirmed by your Employer within 7 days of registration in order to maintain access to the LMS and to be enabled to attempt the final assessment. To obtain access to the LMS, we will send you an email containing login details which will enable you to access and use the LMS. You are not permitted to share your login details with anyone else.

Your Employer will pay the cost of enrolling on a Course, unless you have agreed otherwise.

You warrant that all information provided by you on enrolment is accurate. If you provide inaccurate information to us on enrolment, any certificate of accreditation awarded to you at the end of the Course will be deemed invalid.

4. Course duration and structure

All parts of a Course must be completed in order to sit the Final Assessment (as defined herein) required to pass the Course (see "Assessments" below).

You will have 90 days from the date on which you register to take the course to complete the Course ("Course Term"). Your access to the LMS will continue from the date on which your enrolment is confirmed until the end of the Course Term, or the date on which you pass the Final Assessment (if earlier).

Upon passing the Final Assessment, you will be awarded a certificate of accreditation for the relevant Course that you can download from the LMS.

5. Assessments

Each Course contains a number of assessments to test your knowledge as you proceed through each learning outcome ("Mid-Course Assessments"), and a final assessment at the end of the Course ("Final Assessment").

You will be given three attempts at completing the Final Assessment. If the Final Assessment is not passed at the third attempt or (if sooner) by the end of the Course Term, your access to the LMS will come to an end.

You may re-sit the Course by enrolling again to the Course. Your employer will be charged for the cost of the Course each time you enrol.
You are strictly prohibited from the following:

  • asking someone else to complete the Final Assessment for you;
  • receiving assistance from anyone by any means during the Final Assessment;
  • browsing the internet for answers during the Final Assessment; and/or
  • referring to any other materials or information (whether offline or online) during the Final Assessment.
  • If you attempt to access any search engine or any website other than the LMS during your Final Assessment, you will be given at least one warning, and if you continue to do so thereafter you will automatically fail the Final Assessment.
    We may also require you to use a webcam to record yourself sitting your Final Assessment. This is to ensure that Students sit their Final Assessment without assistance so that we can ensure fairness among all Students.
  • During all Mid-Course Assessments and Final Assessments ("Assessments"), you are prohibited from copying, printing, photographing or creating a screenshot of the questions asked. If you attempt to copy, print, photograph or create a screenshot of any part of any Assessment, you will automatically fail the Assessment.
  • Students will not be given access to their Assessments after completion, but if you do not pass the Final Assessment, you will be informed as to the learning outcomes failed so that you can focus on those outcomes if you intend to re-sit the Final Assessment.

6. Accessing the LMS

We do not guarantee that the LMS, or any content on it, will always be available or be uninterrupted. Access to the LMS is permitted on a temporary basis. While we make reasonable efforts to ensure that the LMS is accessible at any time of day, we may suspend, withdraw, discontinue or change all or any part of the LMS without notice. We will not be liable to you if for any reason the LMS is unavailable at any time or for any period.

You are responsible for making all arrangements necessary for you to have access to the LMS, for example, by ensuring that you have a good internet connection.

7. Intellectual Property Rights

(a) Ownership of Intellectual Property Rights

In this section:

"Intellectual Property Rights" means: (i) copyright, patents, database rights and rights in trademarks, designs, know-how and confidential information (whether registered or unregistered); (ii) applications for registration, and the right to apply for registration, for any of these rights; (iii) all other intellectual property rights and equivalent or similar forms of protection existing anywhere in the world; and (iv) any licenses, permissions or rights to use obtained by a third party owner of intellectual property to use the Content and/or Platforms;

"Platforms" means the websites and software used to deliver the Content on the LMS; and
"Content" means all forms of content published or made available on the LMS, including without limitation all HTML, text, graphics, logos, button icons and images, audio clips, video clips, digital downloads, data compilations (as well as the organization and layout of such content).

The LMS is operated jointly by DCT and our service provider, Lobster International S.A. or any affiliate thereof ("Lobster").

DCT and/or Lobster own (and where applicable are the licensees of) all Intellectual Property Rights in the Platforms, which are protected by United Arab Emirates and international copyright laws and treaties. All such rights are reserved.

DCT owns (and where applicable is the licensee of) all Intellectual Property Rights in the Content, which are protected by United Arab Emirates and international copyright laws and treaties. All such rights are reserved.

(b) Permitted use of the Content

The Content may be used for your own personal, non-commercial use only.
Except where we expressly provide otherwise, you are not permitted to copy, download, print, photograph, screenshot, or otherwise reproduce in any other way any Content on the LMS.

We may provide downloadable workbooks, flashcards or other study aids from time to time, which we may expressly permit you to print. If we permit you to print these materials, only one copy may be printed and retained for your own personal, non-commercial use solely for the purpose of completing the relevant Course. You are not permitted to photocopy or share your printouts with anyone else.

If you print, copy, screenshot or download any Content in breach of these Terms, your right to use the LMS will cease immediately and you must, at our option, return or destroy any copies of the Content in whatever form you have made.
If you attempt to print, photograph or screenshot any part of a Final Assessment, you will automatically fail the Final Assessment.

Nothing displayed on the LMS should be construed as granting any right of use in relation to any logo, trade name, masthead or trademark without the express written consent of the relevant Intellectual Property Rights owner.
You acknowledge that you have no right, title or interest in or to the Content or the Platforms.

You agree to indemnify us, Lobster and our respective affiliates on demand from and against any claim, suit, action, demand, damages, loss, cost, expense (including litigation costs and attorneys' fees) and liability arising from any breach by you of this section 7.

8. Disclaimer

The LMS is provided on an "as is" basis.

To the full extent permitted by applicable law, DCT and Lobster each disclaim and exclude all warranties, express or implied, including but not limited to any implied warranties or representations relating to quality, accuracy, merchantability and/or fitness for a particular purpose that may apply to the LMS.

To the full extent permitted by applicable law, neither DCT nor Lobster will be liable for any loss or damages of any kind including but not limited to direct, indirect, incidental punitive and consequential damages, whether in contract (including negligence) or otherwise, even if foreseeable, arising under or in connection with:

  • your (or a third party's) use of, or inability to use, the LMS; or
  • your (or a third party's) use of or reliance on any Content.
  • You agree not to use the LMS for any commercial or business purposes, and we have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.
  • 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 the LMS or to your downloading of any Content, or on any website linked to them.
  • We assume no responsibility for the content of third party websites linked on the LMS. 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.
  • Nothing in these Terms excludes or limits the liability of DCT or Lobster for any death or personal injury caused by negligence, any fraud or fraudulent misrepresentation or any other liability which cannot, by law, be excluded or limited.

9. Changes to these Terms

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 made, as they are binding on you.

Where we consider that any changes to these Terms are material, we will (where reasonably practicable or required by law) notify you within the LMS, via direct communication to you or by other means, prior to such changes becoming effective.

By continuing to use the LMS after we make any changes to these Terms, you are agreeing to be bound by the revised Terms.

10. Changes to the LMS

We may update the LMS and/or the Content from time to time without notice to you. We are, however, under no obligation to update the LMS or any Content.
We do not guarantee that the LMS, or any Content, will be free from errors or omissions.

11. No reliance on information

The Content on the LMS is provided for educational purposes 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.

Your employer may direct you to conduct your job role in a way which differs from the methods described in the Course. Nothing in the Course permits you to conduct yourself in a way that breaches your employment obligations or the directions of your employer.

Although we make reasonable efforts to update the information on the LMS, we make no representations, warranties or guarantees, whether express or implied, that the Content is accurate, complete or up-to-date.

12. Viruses

We do not guarantee that the LMS will be secure or free from bugs or viruses. You are responsible for configuring your information technology, computer programmes and platform in order to access the LMS. You should use your own virus protection software.

You must not misuse the LMS 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 the LMS, the server on which the LMS is hosted or any server, computer or database connected to the LMS. You must not attack the LMS via a denial-of-service attack or a distributed denial-of service attack. By breaching this provision, you would commit a criminal offence under the laws of the United Arab Emirates, and this may also amount to a criminal offence in your own jurisdiction (if you live outside the United Arab Emirates). 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 the LMS will cease immediately.

13. Linking to the LMS

You must not link to or frame the LMS homepage or any related resource or content.

14. Third Party links and resources in our site

Where the LMS contains links to other websites and resources provided by third parties, these links are provided for your information only. We have no control over the contents of those websites or resources.

15. Applicable Law

The laws of Dubai, and where applicable the federal laws of the United Arab Emirates, will govern these Terms without giving effect to any principles of conflicts of laws.

16. Contact Us

To contact us, please email dubaiway@dct.ac.ae.

17. Students living in the European Union

If you are a Student living within the European Union and are required to pay the enrolment fee yourself (directly or indirectly) then the following applies to you. The following is not applicable to any other Students.

Right of withdrawal

You have the right to withdraw from this contract within 14 days without giving any reason.
The withdrawal period will expire after 14 days from the day of the conclusion of the contract.
To exercise the right of withdrawal, you must inform us by contacting us at dubaiway@dct.ac.ae of your decision to withdraw from this contract by an unequivocal statement (e.g. a letter sent by post, fax or e-mail). You may use the attached model withdrawal form, but it is not obligatory.

To meet the withdrawal deadline, it is sufficient for you to send your communication concerning your exercise of the right of withdrawal before the withdrawal period has expired.

Effects of withdrawal

If you withdraw from this contract, we shall reimburse to you all payments received from you, including the costs of delivery (with the exception of the supplementary costs resulting from your choice of a type of delivery other than the least expensive type of standard delivery offered by us), without undue delay and in any event not later than 14 days from the day on which we are informed about your decision to withdraw from this contract. We will carry out such reimbursement using the same means of payment as you used for the initial transaction, unless you have expressly agreed otherwise; in any event, you will not incur any fees as a result of such reimbursement.

If you requested to begin the performance of services during the withdrawal period, you shall pay us an amount which is in proportion to what has been provided until you have communicated us your withdrawal from this contract, in comparison with the full coverage of the contract.

Model withdrawal form

To Dubai College of Tourism, dubaiway@dct.ac.ae :

I hereby give notice that I withdraw from my contract for the provision of the following service,

Ordered on (1)/received on (1),

Name of consumer(s),

Address of consumer(s),

Signature of consumer(s) (only if this form is notified on paper),

Date
(1) Delete as appropriate.