E-learning Kentalis International Foundation

Terms and conditions for use online learning environment Kentalis International Foundation

1.    Article 1 – Definitions
The following terms have the stated meaning:
•    Terms and conditions: these terms and conditions.
•    Stichting Koninklijke Kentalis: an education and care provider in the Netherlands with over 225 years of experience in providing innovative solutions for individuals with hearing and communication challenges.
•    Kentalis International Foundation: falls under the organization “Stichting Koninklijke Kentalis” as a subsidiary with legal personality and offers courses, services and products to clients’ participants via the online learning environment.
•    Client: a company, institution, or other organizational stakeholders that purchases a course, service, or product from Kentalis International Foundation for a group of participants.
•    Participant: an individual that is using or participating in courses, programs or products from Kentalis International Foundation, purchased by a client.
•    Online learning: courses or training with online modules and online interactive meetings with instructor.
•    Online learning environment: the electronic learning environment (can be found on https://e-learning.kentalis.com) where each participant receives access to an account and where the participant can find online and digital course material as well as his/her study history.
•    Course: modules, programs or other forms of education by Kentalis International Foundation.
•    Service: coaching, advice, or consulting by Kentalis International Foundation.
•    Product: products made available by Kentalis International Foundation such as brochures, apps, videos, and other documentation.
•    Course material: educational or instructional resources, assignments, documentation, or any other form of material that is used as part of a course.
•    Module: grouping of multiple lessons.
•    Program: a series of modules that Kentalis International Foundation offers to a client.
•    Course fee: the cost of an online course for a participant, charged to the client.

Article 2 - Kentalis
Kentalis International Foundation is part of Stichting Koninklijke Kentalis as a subsidiary with legal personality. Kentalis' mission is to create a world where everyone has the right to communicate and participate fully in all aspects of life. For more information, you can visit www.kentalis.com.
 
Article 3 - Applicability
1.    The terms and conditions govern the use of the online learning environment, insofar as these conditions do not deviate from the provisions as set out in article 3, paragraph 3.
2.    By participating in a course and/or ordering a product or service, the participant declares that he/she has read the terms and conditions and accepts their applicability.

Article 4 – Registration
1.    Registration of the client’s participants for online learning will take place after (1) signing a binding agreement between the client and Kentalis International Foundation about the overall project collaboration, agreed activities and project budget and (2) payment of the course fee by the client.
2.    Kentalis International Foundation will contact participants directly for registration. Participants can also contact Kentalis International Foundation directly.
3.    Upon registration, the participant will be granted access to the online course materials for the duration of the course.
4.    Kentalis International Foundation reserves the right to revoke a participant's access to the online e-learning environment if their behavior is deemed inappropriate, including but not limited to behavior that violates cultural or sexual misconduct or is discriminatory towards other participants or staff.
5.    In order to participate in the online courses, participants must have access to a laptop, desktop computer, or smart device with internet connectivity and a browser that is compatible with our e-learning environment.
6.    The participant acknowledges that it is possible to download content to their own device for offline access, but that Kentalis International Foundation is (1) the original copyright holder of the downloaded content unless stated otherwise and is (2) not responsible for any damage, or loss and cost of (mobile) data that may occur as a result of downloading or using the content.

Article 5 – Cancellation
1.    If the number of participants for a particular online course is lower than the minimum required number, Kentalis International Foundation is free to agree with the client that the course in question will be taken at a different date and/or time. Kentalis International Foundation will communicate any changes in the course date or time through e-mail to the participants.
2.    Prior to the initiation of a course, the participant has the right to cancel the course only in case of serious illness or calamity, whereby Kentalis International Foundation may require proof thereof in the form of a medical certificate or otherwise. The medical attestation will in principle be provided by the attending physician and will in any case indicate (1) the identity and capacity of the person providing the attestation, (2) the identity of the person concerned for whom the access is to be paused or terminated, (3) the cause of the unfitness of this person to follow/receive the training or service and (4) the probable duration of the unfitness.
3.    Cancellation by participant for other reasons than noted in article 5 paragraph 2 are not eligible for refund to the client and may result in not receiving a certificate or certificate of attendance for the participant in question, depending on the attendance criteria of the course.
4.    All cancellations by participants must be received in writing by the client and Kentalis International Foundation via international@kentalis.nl.
5.    If a Kentalis trainer, advisor or assessor cannot execute a training activity due to illness, Kentalis International Foundation will - if possible - provide replacement. If replacement proves impossible, Kentalis International Foundation will inform the client and participants as soon as possible and propose alternative dates when the training or service in question will still be offered.

Article 6 – Certification
1.    When all requirements of the program have been met and (if applicable) the exam/test has been completed with a passing grade, the participant of a program receives a certificate or certificate of attendance.
2.    A certificate or certificate of attendance will be issued once the conditions of paragraph 1 of this article are met and when the costs of the training have been paid by the client.
3.    In addition to meeting the requirements outlined in paragraph 1 of this article, participants may be required to fulfill certain attendance or performance criteria in order to receive a certificate or certificate of attendance. These criteria will be communicated to participants prior to the start of the program or course, and may include a minimum number of sessions or hours attended, a minimum passing grade on exams or assignments, or completion of specific projects or activities.
4.    The certificate or certificate of attendance will include the participant’s first name, surname and date of the program or course, the number of hours or credits completed (if applicable), and any other relevant information as determined by Kentalis International Foundation. The certificate or certificate of attendance may be issued in a physical or digital format.
5.    Kentalis International Foundation will make every effort to ensure that participants understand the requirements for receiving a certificate or certificate of attendance, as well as the format and content of the certificate or certificate of attendance. Any questions or concerns regarding certification should be addressed to international@kentalis.nl.

Article 7 – Course fee and payment
1.    Payment is part of the binding agreement signed between the client and Kentalis International Foundation. Individual participants are not expected to pay for an online course, service or product nor do we accept payments from individuals.
2.    The cost of each online course, service or product and the method of payment is listed in the agreement between client and Kentalis International Foundation and is to be paid by the client.
3.    Client’s participants will not receive any course materials or been given access to the online courses before the completion of the payment/installment by the client.

Article 8 – Legitimation
1.    When registering for training, the client’s participants are required to provide their correct first name and surname as stated in a valid identification document.
2.    Each participant attending an online course is obliged to confirm his/her/their attendance during the meetings of the training course by either (1) participant signing an (online) attendance list or (2) timecode of login on the online learning platform.

Article 9 – Liability Kentalis International Foundation
1.    In the event that Kentalis International Foundation is liable for damages to the client or to the participants of a training course, liability, regardless of the basis of liability, is in all cases limited to direct damages (liability for indirect damages - such as, for example, consequential damages, damages for delays, loss of profits and lost sales - is therefore excluded) and to the loss covered and paid out by insurance(s).
2.    Kentalis International Foundation is not liable for damage to property of the client or participants of a training course.
3.    Kentalis International Foundation is in no way liable for damages of any kind resulting from (any) incorrect or incomplete application of information, recommendations, advice and materials provided in connection with the training, product or service. This includes: the information, recommendations and advice provided by the teacher or through the educational materials, brochures or any other work resulting from or related to a course.
4.    Kentalis International Foundation is not liable if a participant does not comply with the (safety) instructions.
5.    The limitation of liability described in this article also extends to all persons for whom Kentalis International Foundation is responsible (such as persons employed by Kentalis International Foundation or appointed by Kentalis International Foundation for the execution of the agreement).
6.    The limitations of liability mentioned in this article do not apply if the damage is due to intent or gross negligence of Kentalis International Foundation or persons for whom Kentalis International Foundation is responsible.

Article 10 – Confidentiality
Kentalis International Foundation, its staff and/or persons working for Kentalis International Foundation will treat the information provided by the client or participants as confidential. Kentalis International Foundation complies with applicable privacy legislation.

Article 11 – Registration of personal data
Kentalis International Foundation processes personal data provided by clients or participants in accordance with the Stichting Koninklijke Kentalis privacy statement. Participant data is provided to third parties if agreed with the privacy statement. The client guarantees that data subjects whose personal data is provided have been informed about the processing of their data by Kentalis International Foundation.

For Kentalis International Foundation, the purpose of registering personal data is to systematically record, store and make available data for the purpose of:

1.    performing all activities related to enrollment in and participation in training or delivery of (online) products;
2.    fulfilling requests for information from Kentalis International Foundation and the client;
3.    performing analyses and research with anonymized data to improve the (online) services of Kentalis International Foundation. The participant can object if this is undesirable.

Article 12 – Security, safeguarding and disposal
Kentalis International Foundation has taken the necessary measures to promote the physical, technical and organizational security of personal and confidential data so that its records are protected against unauthorized consultation, provision, alteration and/or deletion of data as well as against fire and similar dangers, burglary and theft.
Kentalis International Foundation shall ensure that it complies with the provisions of these regulations for as long as they remain in force, taking into account what is provided in the EU General Data Protection Regulation.
Personal and confidential data will be retained, as long as needed, for the purposes indicated or for as long as required by law. If circumstances warrant, Kentalis International Foundation may keep the data longer.

Article 13 – Right of inspection and modification
Both Kentalis International Foundation and the participant have the right to access, correct, supplement, delete and block his/her personal data, in accordance with the provisions of the EU General Data Protection Regulation. If Kentalis International Foundation or the participant wishes to exercise (any of) these rights, or if the participant has any questions about the Stichting Koninklijke Kentalis privacy policy, he/she can send an e-mail to privacy@kentalis.nl.

Article 14 – Intellectual property rights
1.    All intellectual property rights, including copyright, pertaining to the (educational) materials provided and compiled by Kentalis International Foundation belong to Kentalis International Foundation, unless stated otherwise. No part of these publications may be reproduced and/or published without written permission from Kentalis International Foundation.
2.    Kentalis International Foundation respects the intellectual property rights of others and incorporates materials from others only with permission or with the correct copyright claims.
3.    The client warrants that drawings, models, materials or other works provided to Kentalis International Foundation by him or by participants for whose benefit the training was taken do not infringe or violate any intellectual property rights of third parties.
4.    The participant has to give his/her consent to use images/photos/videos made during the training, drawings, models, materials or other works provided to Kentalis International Foundation, for communication or educational purposes of Kentalis International Foundation. If the participant does not give consent, the images/videos will not be used.

Article 15 – Modification of terms and conditions
Kentalis International Foundation reserves the right to modify the terms and conditions at any time, without prior notice. It is the participant's responsibility to review the terms and conditions periodically to ensure that they are aware of any changes that may affect their agreement with Kentalis International Foundation.

Article 16 – Disputes
1.    The terms and conditions is governed by Dutch law.
2.    Disputes between the participant and Kentalis International Foundation concerning the execution of online courses, services and products can be brought by both parties to a Dutch court.
3.    For all information on disputes and complaints, please send an e-mail to international@kentalis.nl.