| 2 |
General |
| 2.1 |
These General Terms and Conditions apply to all Agreements entered into with TU Delft regarding the Offer as provided by TU Delft and which are listed on the LfL Website. These General Terms and Conditions are explicitly communicated to the Customer prior to the conclusion of the Agreement between the Customer and LfL and are an integral part of the general information provision of LfL. By entering into an Agreement with TU Delft, the Customer accepts the applicability of these General Terms and Conditions. TU Delft expressly rejects the applicability of any general terms and conditions of the Customer, in any way or form. |
| 2.2 |
If any provision of these General Terms and Conditions conflicts, in whole or in part, with a provision of any law, or is held to be invalid or unenforceable, the remaining provisions shall not be affected or impaired thereby and shall remain in full force and effect. |
| 2.3 |
Unless otherwise agreed in writing, these General Terms and Conditions may be amended by TU Delft at any time and at its own discretion. Any amendments to these General Terms and Conditions shall be published no less than ten (10) calendar days prior to their entry into force. Publication shall be effected by personal notice or by means of a general notice on the website. |
| 2.4 |
By registering for an account and/or enrolling for an Offer on the LfL Website, downloading, installing, or otherwise accessing or using the Offer, the Customer agrees to have read and understood, and, as a condition to the use of the Offer, the Customer agrees to be bound by, the General Terms and Conditions, including other policies and additional terms as referenced below. The Agreement will take effect between TU Delft and Customer at the moment that TU Delft receives the enrolment of the Learner or the registration of the account. |
| 2.5 |
By enrolling in the Offer or accessing the learning environment, the Customer (including its Learners) agrees to use the Services solely for personal, professional development and not for any commercial or unlawful purposes. |
| 2.6 |
The Offer can be registered for via third-party platforms (such as edX.org). In such cases, the Customer (including its Learners) also follows the terms and conditions and code of conduct of the third-party platforms, which can be found on their website. |
| 2.7 |
The following rules are equally applicable to Learners: - The Learning and Assessment Regulations - The Accessibility Statement - TU Delft Code of Conduct - The TU Delft Regulations for the use of Buildings, Grounds and Facilities by Students and Visitors; - TU Delft Management Regulations for the use of Educational ICT Facilities by Students; - TU Delft online proctored examination regulation |
| 2.8 |
TU Delft may remove a Learner from an Offer or refuse further participation if the Learner contravenes the regulations or codes stated in 2.7. |
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| 3 |
Conditions for admission |
| 3.1 |
For admission, the expected prior knowledge, insight and skills are specified on the LfL Website per Offer. |
| 3.2 |
Admission requirements presented on the website are provided as indications only. TU Delft will not request proof of this prior knowledge through copies of degrees or diplomas. |
| 3.3 |
For some Offers ID verification is a mandatory part of the admission process. In order to complete the admission process, Learners will be asked to upload a valid copy of their passport or ID card. |
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| 4 |
Registration and Enrolment |
| 4.1 |
The Learner will receive an email invitation to complete their account, this is necessary to have access to the Offer. |
| 4.2 |
Learners should enrol for an Offer before the deadline via the website. Learners who are not enrolled for an Offer according to the prescribed procedure cannot participate. |
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| 5 |
Communication |
| 5.1 |
Email: TU Delft may send emails concerning the Offer and Service, as well as those of third-party platforms. Learners may opt out of promotional emails by following the unsubscribe instructions in the promotional email itself or by contacting LfL via the LfL Website. |
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| 6 |
Offer Fees and Payment |
| 6.1 |
After the admission requirements have been met, the Customer must pay the Offer fee to be able to participate. The fee for the Offer is specified on the website. |
| 6.2 |
The stated fees exclude syllabuses and other teaching materials for laboratory courses or tutorials. All costs associated with foreign bank transactions shall be borne by the Customer. |
| 6.3 |
The Offer fee must be paid within the payment term of 14 calendar days following the billing date or, which occurs earlier, before the start of the Offer unless indicated otherwise on the Offer page. |
| 6.4 |
Payment must be made in full in Euros. Payment in instalments is not accepted. Learners who have registered for an Offer shall receive (an) invoice(s) from TU Delft to the provided billing address. |
| 6.5 |
All online payments (iDeal, Paypal or credit card) are billed at the time of purchase. |
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| 7 |
Participation |
| 7.1 |
A minimum and maximum may be set for the number of participants in each Offer. |
| 7.2 |
The Learner may participate in the Offer only after it has been established that they comply with the admission requirements and has paid the accompanying Offer fee. If an Offer has a maximum number of participants, there is an additional requirement that the Learner must fall within that maximum number. |
| 7.3 |
If a maximum has been set for the Offer, registrations will be treated in order of receipt of their payment. If the Offer is oversubscribed, the Learner will be informed that they have been placed on a waiting list. |
| 7.4 |
TU Delft shall at its own discretion have the right to: (i) make (interim) changes to the programme of an Offer if such change would, at the discretion of TU Delft, benefit the quality of the Offer; (ii) replace programme Offer lecturers if the lecturer is prevented from carrying out the duties; (iii) change the date, time and/or location of an Offer. |
| 7.5 |
Participation in an Offer is personal. Accounts and access to the TU Delft learning environment are available only to natural persons. |
| 7.6 |
In order to be able to participate in an online Offer, the Learner must have an internet connection, electricity, appropriate hardware and software and other necessary facilities. |
| 7.7 |
The Learner is entitled to full access to the learning environment during the term of the Offer, and to limited access once the Offer has ended. The access duration can vary based on the Offer and is stated on the LfL Website. |
| 7.8 |
All intellectual property rights, including copyrights, on the materials provided—such as videos, readings, exercises, assessments— and/or intellectual property rights otherwise related to the Offer or its content, are vested in TU Delft or its partners. Without the prior written consent of TU Delft, the Customer (including its Learners) shall be prohibited from reproducing, in whole or in part, disclosing or making available to third parties any materials provided in relation to an Offer. Customers (including its Learners) shall use such materials solely for personal educational purposes. |
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| 8 |
Termination, Cancellation and Refunds |
| 8.1 |
Without prejudice to other rights, the Customer or TU Delft is entitled to rescind (in Dutch “ontbinding”) the Agreement with immediate effect by written notice if the other party, after elapse of a reasonable period being given in a written notice of default, attributably fails to perform any of its obligations arising from the Agreement. Either party may rescind (in Dutch “ontbinden”) the Agreement with immediate effect by means of a registered letter in the following events: (i) if the other party has declared bankruptcy or for whom a receivership has been granted or a motion for receivership filed; (ii) if the other party's business is wound up or shut down. |
| 8.2 |
TU Delft reserves the right to cancel or postpone an Offer if there are fewer enrolments than the minimum number required or in case of unforeseen circumstances or force majeure. |
| 8.3 |
If an Offer is cancelled on the initiative of TU Delft any fees that have been paid will be refunded. |
| 8.4 |
Cancellation of participation by the Customer must be completed by email to TU Delft. |
| 8.5 |
If a Customer cancels, the following costs are payable: 1. up to two weeks before the start of the Offer, the Customer must pay a €50.00 administration fee; 2. within two weeks before the start of the Offer, 50% of the Offer fee is payable; 3. after the start of the Offer or if the Customer does not turn up for the Offer, 100% of the Offer fee is payable and no refund will be made. |
| 8.6 |
A Consumer shall have the right to terminate a Distance Agreement within 14 days after entering into the Distance Agreement without providing a reason by means of a timely written notice to be received by TU Delft. In the event of termination of the Distance Agreement under this article 8.6, the Consumer must at its own expense return to TU Delft, as soon as possible, any educational materials that were provided during the Offer. This shall not apply if and to the extent that the Distance Agreement covers: (i) the provision of the Offer or Services for which, with the Consumer's consent, performance has begun within the withdrawal period specified in this article 8.6, (ii) goods produced in accordance with the Consumer specifications; (iii) goods that are clearly personal in nature; (iv) the provision of digital content which is not supplied on a tangible device and the supply of which has commenced before the withdrawal period has expired with the express consent of the Consumer. The right of withdrawal under this article 8.6 shall elapse following commencement of the Offer. The Offer shall in any event be considered commenced when access is provided to the online learning environment or when the first (physical) meeting is attended. |
| 8.7 |
In the event of a series of Offers, the refund provisions stated in this article 8.5 and 8.6 shall apply accordingly. In derogation of the foregoing, the restitution shall comprise the costs for the entire series of Offers minus the fee for the Offer started and minus the administration fee for each cancelled Offer. |
| 8.8 |
TU Delft may derogate from the cancellation and refund provisions in 8.5 and 8.6, provided this is stated on the LfL Website. |
| 8.9 |
Refunds will be paid to the Customer in euros. TU Delft does not pay any compensation for changes in exchange rates or other costs incurred. |
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| 9 |
Assessment and Certification |
| 9.1 |
There are different regulations based on the type of Offer being followed – This is described in the Learning and Assessment Regulations. |
| 9.2 |
An Offer may contain an assessment comprising an evaluation of the Learner's knowledge, insight and skills in relation to the Offer. |
| 9.3 |
The Learner is not entitled to a retake, unless specified otherwise on the LfL Website. |
| 9.4 |
The issuance and format of certificates are subject to the specific requirements of each Offer. Certificates do not confer academic degrees or guarantees of credit transfer unless explicitly stated. |
| 9.5 |
Credits are indicated on issued certificates, where applicable as indicated on the Learning and Assessment Regulations. |
| 9.6 |
The LfL Website specifies the certificate for which the Learner is eligible. |
| 9.7 |
A digital certificate will only be issued once with no option of a hard-copy. |
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| 10 |
Data Protection |
| 10.1 |
TU Delft processes personal data in compliance with the General Data Protection Regulation (GDPR) and only collects personal data for which it has legitimate grounds for processing. TU Delft processes personal data, as defined in Article 5 of the GDPR, with all due care and attention and in accordance with the relevant legislation, and in compliance with the TU Delft privacy statement. The aforementioned also applies in all aspects to the provision of personal data to countries outside the European Economic Area. |
| 10.2 |
In its processing of personal data, TU Delft takes suitable technical and organisational security measures to protect the personal data against loss or any form of unlawful processing. These measures guarantee, considering the latest technology and the costs of implementation, a suitable level of security, having regard to the risks associated with the processing and the nature of the data to be protected. The measures are also intended to prevent unnecessary collection and further processing of personal data. |
| 10.3 |
For Offers in collaboration with other institutions, TU Delft will share Learners' personal data with the partner institute/company for the purpose of granting access to and completing the Offer. Data sharing with these institutions is safeguarded by the necessary data protections agreements. |
| 10.4 |
In the case of an Offer for businesses and organizations, TU Delft does not disclose Learners’ data i.e. results, pass rates or certificates with the business. |
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| 11 |
Complaints |
| 11.1 |
Customers shall submit any complaints via the Contact Us form on the LfL Website. |
| 11.2 |
The complaint shall at least contain the name and email address of the Customer, a description of the conduct about which the complaint is being made and specify the Offer title. |
| 11.3 |
The Customer will receive confirmation of receipt of the complaint and the expected response time. |
| 11.4 |
TU Delft is not obliged to deal with a complaint: 1. that relates to conduct about which a complaint has already been submitted; 2. that has not been submitted within four weeks of the completion of the Offer, or 3. against which other means of recourse are available. |
| 11.5 |
TU Delft will offer the Customer the possibility for a hearing. TU Delft will notify the complainant of the findings of the investigation into the complaint, its opinion of the complaint, as well as any conclusions that it attaches thereto. TU Delft will do its utmost to reach a reasonable solution for both parties. In case the Customer is not satisfied with the proposed solution, the complaint will be escalated to the LfL Executive Director. |
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| 12 |
Liability |
| 12.1 |
While TU Delft strives to ensure the quality and accuracy of its Offers, it makes no guarantees regarding specific results, such as certification, employment opportunities, or career advancement, as a result of participation. |
| 12.2 |
TU Delft shall not be liable for any indirect, incidental, consequential, or intangible damages, including but not limited to loss of profits, data, or reputation, arising out of or in connection with the use or inability to use the Learning Management System or its content or use of materials provided by LfL. TU Delft is not liable for any damage caused as a consequence of the use of third-party platforms, which will be the own risk of the Customer. |
| 12.3 |
To the extent permitted by Dutch law, TU Delft’s total liability for direct damages—whether in contract, unlawful act, or otherwise—shall not exceed the total amount paid by the Customer for the specific Offer in question. If no fee was paid, TU Delft’s maximum liability is limited to €500. This limitation does not apply in cases of willful intent, gross negligence, or liability as required under mandatory Dutch law. |
| 12.4 |
Any claim for damages against employees and other persons hired by TU Delft is excluded. Employees and other persons hired by TU Delft may at all times use the provisions outlined in this third-party clause to their benefit. |
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| 13 |
Disputes |
| 13.1 |
An agreement between TU Delft and a Customer is subject to the law of the Netherlands. The applicability of the United Nations Convention on Contracts for the International Sale of Goods of 1980 (Treaty Series 1981, 84 and 1986, 61) is excluded. Disputes will be dealt with exclusively (also in summary proceedings, in Dutch "kort geding") in the court of competent jurisdiction in the district of The Hague. |