Definitions
- “The Learner” means the individual who has applied to participate in the Course and Al Mashreq Training has agreed to be admitted on the Course;
- ‘Contract” means the contract (of which these Terms and Conditions form part) made between Al Mashreq Training and the Client in relation to the Learner’s participation on the Course;
- “Client” means the entity responsible for the Course Fee for the Learner who should be named as “the invoice” on the Learner’s application form. This will usually be the Learner’s employer unless he is self-sponsored when it will be the Learner
- Start Date” means the date on which the Course is due to commence;
- “the Course” means the Course at Al Mashreq Training which the Learner is to attend;
- “Course Fee” means the fee payable by the Client to Al Mashreq Training
- Session” means an iteration of the Course.
Course Amendments
2.1 Al Mashreq Training will make all reasonable efforts to deliver the Course as described in the brochure and on Al Mashreq Training ‘s website. However, Al Mashreq Training must shall be entitled:
- to alter the timetable, location, number of classes and method of delivery of the Course; and
- to make reasonable variations to the content and syllabus of the Course.
2.2 Al Mashreq Training will make available to the Learner such learning support, and other facilities it considers appropriate, but may vary what it provides from time to time provided such variations are reasonable.
Fees
3.1 The Client will pay the Course Fee within fourteen (14) days of invoice date. If the learner is sponsored by Tamkeen, evidence of sponsorship is required.
3.2. The Client will pay the Course Fee in Bahraini Dinars. US dollars are accepted but Al Mashreq Training may add an administration fee of ten per cent (10%) to the Course Fee.
3.3. VAT will have to be paid by the Client as per Bahrain legislation.
3.4. Notwithstanding anything else in this Agreement, the Learner’s place on the Course will be provisional only, and shall not be confirmed, until the Course Fee has been paid in full to Al Mashreq Training. Until Al Mashreq Training receives payment of the Course Fee in full, the Learner shall have no right to participate in the Course and Al Mashreq Training may:
3.4.1 offer the Learner’s place on the Course to another person and, if that person pays the Course Fee to Al Mashreq Training, confirm that other person’s place as a learner on the Course; and/or
3.4.2 suspend the Learner from participation in all or any part of the Course; and/or
3.4.3 exclude the Learner from access to Al Mashreq Training ‘s premises and/or use of any of facilities.
4 The Learner’s Obligations
The Learner shall:
- at all times behave with honesty and integrity and show courtesy, consideration and respect for others;
- prepare for the Course as required Al Mashreq Training
- attend all classes, lectures, tutorials, examinations and other activities which form part of the Course (subject to absence for medical or other agreed reasons) and participate fully in group work where required
- to receive a certificate of complete, the Learner shall complete all the elements that form part of the Course as set out above and pass all the assessments;
- telephone Al Mashreq training Office if unable to attend any class, lecture, tutorial, examination or other activity forming part of the Course because of sickness or injury;
- be adequately prepared for any activity that the Learner is required to undertake as part of the Course outside Al Mashreq Training
- fully acknowledge the use of material referred to or copied from other sources and comply with the provisions of the Copyright,
- abide by any special conditions relating to the Course set out in the brochure or otherwise notified to the Learner by Al Mashreq Training;
- respect the confidentiality of all confidential information that the Learner acquires during his/her participation in the Course; and
- comply with all other relevant rules and regulations of Al Mashreq Training, as amended from time to time.
- consent to monitoring and recording (which includes filming and photographing) of lectures and other teaching sessions by CCTV and other methods for the purpose of monitoring movements of Learners, quality assurance, and for use by Al Mashreq Training in any marketing or promotional materials.
4.2. The Client shall procure that the Learner complies with paragraph 4. above.
Transfer
5.1 The Client may transfer the Learner from the Course scheduled to start on the Commencement Date to a later Session of the Course taking place during the twelve ( 12) months after the Commencement Date (at no cost) provided the Client notifies Al Mashreq Training in writing of its wish to do so not less than five (5) weeks before the Commencement Date.
5.2. The Client may only do a transfer if:
the Client has already paid Al Mashreq Training the Course Fee; there are unfilled places on the Course to which the Learner wishes to transfer; and the Client confirms the alternative Course the Learner is to transfer to within two (2) weeks of when they request a transfer. Failure to make such a confirmation will result in the cancellation policy being applied.
5.3. If Al Mashreq Training increases the Course Fee before the start of the Course to which the Learner transfers, the Client will pay Al Mashreq Training the amount of the increase before the Course commences.
5.4. The Client may not make a transfer pursuant to this paragraph 5 more than once.
Substitution
6 . The Client may request that Al Mashreq Training accepts an alternative individual to attend the Course not less than four (4) weeks before the Commencement Date. The proposed substitute shall then be subject to the same selection process as the original candidate. If the proposed substitute is rejected by Al Mashreq Training, Al Mashreq Training may cancel the Contract and, in that event, shall return any fees already paid by the Client to Al Mashreq Training in relation to the Course.
Cancellation by Al Mashreq Training
7.1 Al Mashreq Training may cancel the Contract by giving the Client notice in writing not less than three (3) weeks before the Commencement Date. If Al Mashreq Training cancels the Contract, it shall refund any fees already paid by the Client in connection with the Course.
7.2 Al Mashreq Training may cancel the Contract at any time if:
- the Client fails to pay any sum owing to Al Mashreq Training in connection with the Course within fourteen (14) days after the due date for payment;
- the Client or the Learner commits a serious breach of these Terms and Conditions or any of the other rules and regulations of Al Mashreq Training; or
- the Client or the Learner behaves in a manner that, in the opinion of the Dean, is prejudicial to the interests of Al Mashreq Training
7.3 Al Mashreq Training may also by notice to the Client (without any liability to the Client or to any Learner):
- suspend or terminate (at Al Mashreq Training ‘s sole and absolute discretion) the Contract and/or the supply of any services under the Contract immediately if the Client or any person connected to the Client becomes subject to sanctions, or if the supply of services to the Client is subject to restrictions under Bahrain laws; and/or
- suspend or terminate (at Al Mashreq Training ‘s sole and absolute discretion) the supp y of any services to any Learner immediately if the Learner in question is, or becomes (or Al Mashreq Training reasonably suspects that the Learner in question is (or has become)) a Restricted Individual, in which case Al Mashreq Training shall be entitled to deny the Learner access to the Course and the Client shall ensure that the Learner in question does not attend or participate in any training forming part of the Course and the Learner in question shall not be entitled to receive the benefit of any of the Course or to use or access any training materials produced for the Course for any purpose whatsoever.
8- Cancellation by the Client
The Client may cancel the Contract by giving Al Mashreq Training written notice of Cancellation at any time. If the Client cancels the Contract more than four (4) weeks before the Commencement Date then the Client shall not be required to pay Al Mashreq Training any fees in connection with the Course and any fees already paid by the Client to Al Mashreq Training shall be refunded by Al Mashreq Training
Refund
The Penalties for Cancellations before the course start date are:
- 2-4 Weeks = 25% of the Course fee
- 1-2 Weeks = 50% of the Course fee
- Less than 1 weeks = 100% of the Course fee
If a candidate does not attend, the full fee will be retained by Al Mashreq Training.
The entire Course Fee shall be payable if the Client cancels the Contract on or after the Commencement Date and there shall be no refund if the Learner withdraws from the Course at any stage.
Effect of Cancellation
9.1 When either party cancels the Contract:
- Al Mashreq Training shall be entitled to require the Learner to stop studying on the Course and to leave Al Mashreq Training ‘s premises immediately; and
- the Learner shall immediately return to Al Mashreq Training the identification/swipe card issued to the Learner on enrolment and all other property in the Learner’s possession, custody or control that belongs to Al Mashreq Training.
Emergencies
9.1 Al Mashreq Training may cancel the Course at any stage due to causes beyond its reasonable control. Such events shall include, but not be limited to fire, flood, industrial disputes, civil disturbance, acts of terrorism acts of government (including any sanctions or restrictions or any other government which may prevent or restrict Al Mashreq Training from providing any services or make it unlawful for Al Mashreq Training to provide any services or cause (in Al Mashreq Training ‘s sole opinion) the provision of such services to be prejudicial to Al Mashreq Training interests of Al Mashreq Training) and acts of God. In such instances Al Mashreq Training will promptly notify the Learner Al Mashreq Training will then work towards rescheduling the Learners attendance so that they may attend the next possible iteration of the Course.
Disclaimer
10.1 Al Mashreq Training cannot accept responsibility and expressly excludes liability for any loss or damage to the Client’s property or the Learner’s property that occurs whilst the Learner is on the Course. The Learner should take particular care not to leave mobile phones or laptops unattended at any time.
Governing Law
11.1 The Contract will be governed by Ministry of Labor law and the parties submit for a purpose connected with the Contract to the exclusive jurisdiction of Bahrain Courts.
Notices
13.1 Any demand or notice to be served upon the Client may be served upon the Client personally or sent by post to the address stated on the application form. Any demand or notice to be served upon Al Mashreq Training shall be delivered by hand or sent by post to the Al Mashreq Training Office. Any demand or notice delivered personally shall be deemed to have been received immediately upon delivery. Any demand or notice sent by post shall be deemed to have been received at the opening of business on the first Business Day following the day on which it was posted, unless sent by international mail in which it event it shall be deemed to have been received at the opening of business on the third Business Day following the day on which it was posted.
Data Protection
13.1 AL MASHREQ Training holds and processes information about employees, students, and other data subjects for academic, administrative and commercial purposes. When handling such information, the Training Centre, and all staff or others who process or use any personal information, must comply with international data protection principles set out in national legislation such as the UK Data Protection Act 1998 (the Act). In summary these state that personal data shall:
- be processed fairly and lawfully,
- be obtained for a specified and lawful purpose and shall not be processed in any manner incompatible with the purpose,
- be adequate, relevant and not excessive for the purpose
- be accurate and up to date,
- not be kept for longer than necessary for the purpose,
- be processed in accordance with the data subject’s rights,
- be kept safe from unauthorized processing, and accidental loss, damage or destruction,
- not be transferred to a country outside the European Economic Area, unless that country has equivalent levels of protection for personal data, except in specified circumstances.
13.2 Definitions
- “data controller” further information about the Training Centre’s data controllers is available from the Data Protection Officer
- “Staff”, “students” and “other data subjects” may include past, present and potential members of those groups.
- “Other data subjects” and “third parties” may include contractors, suppliers, contacts, referees, friends or family members.
- “Processing” refers to any action involving personal information, including obtaining, viewing, copying, amending, adding, deleting, extracting, storing, disclosing or destroying information.
13.3 Notification of Data Held
2.1. AL MASHREQ will notify all staff and students and other relevant data subjects of the types of data held and processed by the Training Centre concerning them, and the reasons for which it is processed. The information which is currently held by the Training Centre and the purposes for which it is processed are set out in the Data Protection Register. When processing for a new or different purpose is introduced the individuals affected by that change will be informed and the Data Protection Register will be amended.
13.4 Staff Responsibilities
All staff shall
- ensure that all personal information which they provide to the Training Centre in connection with their employment is accurate and up to date;
- inform the Training Centre of any changes to information, for example, changes of address;
- check the information which the Training Centre shall make available from time to time, in written or automated form, and inform the Training Centre of any errors or, where appropriate, follow procedures for up-dating entries on computer forms. The Training Centre shall not be held responsible for errors of which it has not been informed.
When staff hold or process information about students, colleagues or other data subjects (for example, students’ course work, pastoral files, references to other academic institutions, or details of personal circumstances), they should comply with the relevant policy for dealing with such information.
- all personal information is kept securely;
- personal information is not disclosed either orally or in writing, accidentally or otherwise to any unauthorized third party. Unauthorized disclosure may be a disciplinary matter and may be considered gross misconduct in some cases.
When staff supervise students doing work which involves the processing of personal information, they must ensure that those students are aware of the AL MASHREQs policy on data protection the requirement to obtain the data subject’s consent where appropriate.
13.5 Student Responsibilities
All students shall
- ensure that all personal information which they provide to the Training Centre is accurate and up to date;
- inform the Training Centre of any changes to that information, for example, changes of address;
- check the information which the Training Centre shall make available from time to time, in written or automated form, and inform the Training Centre of any errors or, where appropriate, follow procedures for updating entries on computer forms. The Training Centre shall not be held responsible for errors of which it has not been informed.
Students who use the Training Centre computer facilities may, from time to time, process personal information (for example, in course work or research). In those circumstances, they must notify the Data Controller in the relevant department, who will provide further information about this requirement
13.6 Rights to Access Information
5.1. Staff, students and other data subjects in the Training Centre have the right to access any personal data that is being kept about them either on computer or in structured and accessible manual files. Any person may exercise this right by submitting a request in writing to the appropriate designated data controller.
The Training Centre aims to comply with requests for access to personal information as quickly as possible but will ensure that it is provided within 40 days unless there is good reason for delay. In such cases, the reason for the delay will be explained in writing by the designated data controller to the data subject making the request
13.7 Subject Consent
In some cases, such as the handling of sensitive information or the processing of research data, the Training Centre is entitled to process personal data only with the consent of the individual. Agreement to the Training Centre processing some specified classes of personal data is a condition of acceptance of a student on to any course, and a condition of employment for staff. (See Data Protection Register)
The Training Centre may process sensitive information about a person’s health, disabilities, criminal convictions, race or ethnic origin, or trade union membership in pursuit of the legitimate interests of the Training Centre. For example, some jobs or courses will bring the applicants into contact with children, including young people between the ages of 16 and 18, and the Training Centre has a duty to ensure that staff are suitable for the job, and students for the courses offered. The Training Centre may also require such information for the administration of the sick pay policy, the absence policy or the equal opportunities policy, or for academic assessment.
The Training Centre also asks for information about health needs, such as allergies to forms of medication, or conditions such as asthma or diabetes. The Training Centre will only use such information to protect the health and safety of the individual, for example, in the event of a medical emergency. The consent of the data subject will always be sought prior to the collection of any sensitive data.
13.8 The Data Controller and the Designated Data Controllers
7.1. Responsibility for day-to-day matters will be delegated to department managers as designated data controllers. Information and advice about the holding and processing of personal information is available from the Data Protection Officer. The MD is ultimately responsible for implementation of this policy
13.9 Assessment Marks
Students shall be entitled to information about their marks for assessments, however this may take longer than other information to provide. The Training Centre may withhold enrolment, awards, certificates, accreditation or references if monies are due to the Training Centre
13.10 Retention of Data
The Training Centre will keep several types of information for differing lengths of time, depending on legal, academic and operational requirements. The Training Centre will not keep any data more than a period that is necessary for the function of its business.
13.11 Compliance
Compliance with the Data Protection Policy is the responsibility of all students and members of staff. Any deliberate or reckless breach of this Policy may lead to disciplinary , and where appropriate, legal proceedings. Any questions or concerns about the interpretation or operation of this policy should be taken up with the Data Protection Officer.
Any individual, who considers that the policy has not been followed in respect of personal data about him or herself, should raise the matter with the designated data controller initially. If the matter is not resolved it should be referred to the staff grievance or student complaints procedure.
13.12 Status
11.1. This policy was approved by the AL MASHREQ’s Senior Management on the12th November 2009. Its most recent amendment occurred on 11th of October 2010. It will be regularly reviewed by Senior Management and amended accordingly.
