ONLINE PROGRAMMES
Terms and conditions
PLEASE READ THESE TERMS AND CONDITIONS (HEREINAFTER THE “TERMS”) CAREFULLY AS THEY GOVERN YOUR PURCHASE OF AND/OR PARTICIPATION IN ONLINE PROGRAMMES OFFERED BY LES ROCHES AND DIRECTLY PURCHASABLE ONLINE THROUGH THIS WEBSITE. BY PURCHASING, REGISTERING, ACCESSING, OR PARTICIPATING IN AN ONLINE PROGRAMME, YOU UNCONDITIONNALLY AGREE TO BE LEGALLY BOUND BY THESE TERMS. IF YOU DO NOT AGREE TO THESE TERMS, DO NOT PURCHASE, REGISTER, ACCESS, OR OTHERWISE USE ANY ONLINE PROGRAMME. THESE TERMS DO NOT APPLY TO OTHER ACADEMIC PROGRAMS AND COURSES OTHERWISE OFFERED BY LES ROCHES WHETHER ON CAMPUS OR ONLINE.
1. Definitions
“Affiliate(s)” means any corporation, firm, partner, organization or entity, whether de jure or de facto, which Les Roches directly or indirectly controls, is controlled by or is under common control with.
“Force Majeure” means any cause beyond Les Roches’ reasonable control such as but not limited to, acts of God, fires, floods, earthquakes, storms, natural disaster, explosion, epidemic, quarantine, sabotage, riot, civil commotions, accidents, delivery delays of sub-contractors, electrical, internet, or telecommunication outage or government restrictions and the like.
“Les Roches” means Gesthôtel Sàrl, a company duly registered in Switzerland with it seat at Rue de Bluche, Rte des Moulinettes 2, 3975 Crans-Montana.
“Intellectual Property Rights” means all patent rights, copyrights, trade name rights, trademark rights, service mark rights, trade secret rights and other similar proprietary rights of any type, as they may exist anywhere in the world.
“Personal Data” means any information relating to an identified or identifiable natural person.
“Programme” means any Les Roches online courses or programs you may purchase through the Website (as described on the relevant section of the Website) and which usually include pre-recorded sessions and online material for you to work autonomously and virtual classrooms where attendance is required based on a fixed schedule and moderated by a professor or other form of teaching-support forum/personalized tutorials that will provide you with direct contact with Les Roches professors. Please note that live sessions are usually delivered during Les Roches business hours (Central European Time (CET) zone).
“Representatives” means the officers, employees, self-employed agents or subcontractors of Les Roches or any of its Affiliates.
“Services” means the provision of the Programme together with such other services as agreed from time to time and purchased through the Website.
“Tuition Fee” means the fee payable to Les Roches in consideration of the Services you purchase.
“Website” means the following website: https://lesroches.edu/
2. Delivery of the Programme
2.1 Les Roches will provide you with information on how to access the Programme prior to the commencement of the Programme. Access to the Programme will remain in place for a maximum of three (3) months after the Programme comes to an end at which point you will no longer have access to it or the learning environment.
2.3 Les Roches will use reasonable endeavours to deliver the Services as described on the Website. Les Roches shall be entitled to adapt the Services at all times without notice and consequently to alter the timetable, syllabus, number of classes, individual(s) teaching or external service providers to the Programme and method of delivery of the Programme.
2.4 Les Roches may cancel or postpone the Programme by giving you notice in writing before the beginning of the Programme. If Les Roches cancels or postpones the Programme, it shall refund the Tuition Fee already paid or offer you the opportunity to enroll for a subsequent intake.
2.5. The Programmes, unlike standard Les Roches academic programs, do not provide any types of credits. You will not be enrolled in any degree program at Les Roches as a result of being registered for or completing any Programme and you will not be entitled to receive alumni privileges or benefits provided to students duly enrolled in degree programs at Les Roches. Depending on the Programme, upon successful completion of the Programme, a certificate of completion may be delivered to you.
3. Your Obligations
3.1 Les Roches draw your attention to the fact that, unless otherwise indicated on the Website, you must have an excellent command of English to participate in the Programme.
3.2 Any visitor can view the Website, but in order to take part in the Programme, you must register for a personal account on the Website by providing certain Personal Data and a password. You agree that you will never divulge or share access or access information to your account with any third party for any reason and you will not let anyone else use your account. You undertake that all information provided by you in relation to your account is and will continue to be accurate, current and complete at all times and that you will maintain and update your information to keep it accurate, current and complete. It is your responsibility to keep your account details up to date and safe.
3.3 You undertake to attend any scheduled session for the entire duration of the sessions and use computing equipment which meets the minimum requirements for hardware, software and internet bandwidth as listed or as available upon request. You acknowledge and agree that progression and successful completion of the Programme is conditional upon satisfactory attendance to lessons, any online assessments, the submission of any course work and the successful achievement of any specified progression grades relating to the Programme being undertaken. Failure to comply with such requirements without the writing permission of Les Roches, may result in Les Roches considering that you have withdrawn from, or you being required to leave the Programme. Criteria for successful completion of a Programme depend on the Programme and you agree to comply with any policies, including any Programme specific policies communicated or available to you from time to time and related to attendance, assessment, academic misconduct etc.
3.4 You must at all times show courtesy, consideration and respect during the course of the Programme. You are expected to avoid any behaviour or conduct that could be interpreted as inappropriate behaviour by another participant, Les Roches Representatives, and/or any third parties (“Inappropriate Behaviour”). Inappropriate Behaviour may include but not exclusively: unwelcome conduct whether verbal, physical or visual that denigrates or shows hostility or aversion toward an individual including but not exclusively because of his or her gender, colour, religion, national origin, age, disability or sexual orientation.
4. Payment Terms
4.1 Les Roches reserves the right to modify the Tuition Fee at any time and without notice and the applicable Tuition Fee will be the one indicated at the time you complete your purchase of the Programme (at checkout). Payment may only be made by credit card. Les Roches uses Flywire as a payment services provider. You are solely responsible for any applicable bank charges.
4.2 Upon receipt of payment of the Tuition Fee by Les Roches, you will be provisionally accepted into the Programme subject to validation of your profile by Les Roches in its sole discretion. If Les Roches concludes that your application does not fit the Programme requirements, you will be informed. Depending on the Programme, the Programme may also be offered for a limited number of participants. In such events where you are not accepted in the Programme, Les Roches will refund the Tuition Fees paid by you.
4.3 Any purchase is non-cancellable and non-refundable. If you cannot attend the Programme due to mitigating circumstances approved by the Les Roches, you may be entitled to a deferral to another session of the Programme. You understand that your enrollment may in any cases be transferred only once, within twelve (12) months from the date of your application and subject to availability.
4.4 You shall be responsible for all costs you incur in connection with your access and/or participation in any Programme.
5. Intellectual Property
5.1 All Intellectual Property Rights in any materials designed and/or developed by, for or on behalf of Les Roches and utilized in the Services or the Website, including any platforms, webinars, presentations, speeches made by instructors, video recordings and all on-line tools and documents developed for the purposes of student assessment, academic engagement, feedback and other curriculum related purposes shall exclusively belong to Les Roches and/or its licensors (“Les Roches Intellectual Property”). For the avoidance of doubt, Les Roches Intellectual Property includes the content, structure, design and format of the tools, videos, presentations and documents designed/and or developed by, for or on behalf of Les Roches and used in conjunction with the Services or the Website. Les Roches may use Les Roches Intellectual Property in the development of other programs in its general provision of business education.
5.2 Subject to compliance with the terms herein, including but not limited to your payment obligation, and any specific restrictions associated with a particular Programme or feature, Les Roches grants you a limited, fully revocable, non-exclusive, fully paid-up, non-transferable right and license to access, view and use the Les Roches Intellectual Property for the duration of the Programme and for a subsequent period of maximum three (3) months as necessary to browse and/or participate in the Programme as permitted by these Terms (personal, private and non-commercial use only). For the avoidance of doubt, the license granted by Les Roches does not include the rights to transfer, sell or license Les Roches Intellectual Property to any party, reuse or reproduce Les Roches Intellectual Property for any purposes including internal communication and training purposes, modify, edit, adapt or create derivative works for any purpose, communicate, distribute, broadcast, display, upload or publish Les Roches Intellectual Property on any medium, or use Les Roches Intellectual Property in any other way not consistent with the conducting of the Programme or any further use not expressly authorized in writing by Les Roches.
5.3 By submitting or posting content on or through the platforms you grant Les Roches a worldwide, perpetual, non-exclusive, royalty-free license (with the right to sublicense) to use, copy, reproduce, process, adapt, modify, publish, transmit, distribute, publicly perform and display, and otherwise exploit the content (including your name and image) in any and all media or distribution methods (existing now or later developed). This includes making your content available to other companies, organizations, or individuals who partner with Les Roches for the syndication, broadcast, distribution, or publication of content on other media, as well as using your content for marketing purposes (your name and image will never be used for marketing purposes without your prior written consent). You waive any rights of privacy, publicity, or other rights of a similar nature applicable to all these uses (except with respect to the use of your name and image for marketing purposes without your prior written consent), to the extent permissible under applicable law. You represent and warrant that you have all the rights, power, and authority necessary to authorize Les Roches to use any content that you submit. You further agree to all such uses without compensation. Les Roches reserves the right to remove any content without notice at any time and for any reason. You acknowledge and agree that the Services (including without limitation chat room services) may be monitored or recorded for quality control and moderation purposes and that such information or material is provided for educational purposes only.
6. Termination
6.1 In case of a Force Majeure event or where there is a breach of this Agreement by you (including without limitation in case of failure to pay the Tuition Fee in full; Inappropriate Behaviour; cheating or plagiarising 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), Les Roches may terminate this Agreement with immediate effect without prejudice at any time, with no certificate of completion being issued and no refund of the Tuition Fee. In such a case Les Roches may also prohibit your access or revoke your access or stop your participation in the Programme.
6.2 Any provisions which by their nature survive the expiration or termination of this Agreement shall remain in effect beyond any expiration or termination of this Agreement.
purposes only.
7. Liability
7.1 Although Les Roches aims to provide the Services to the highest standards of the industry, neither it, nor its Affiliates or Representatives accept any liability for (i) any inaccuracy or misleading information provided in the Programme and any reliance by Client on any such information, (ii) any indirect, special or consequential, incidental, punitive, loss (including loss or corruption of data, revenue, profits, goodwill or business opportunities, or personal injury or death) whether arising in contract, warranty, tort, product liability, or otherwise , and even if they have been advised of the possibility of damages in advance, or (iii) any delay or failure to perform caused by any Force Majeure events. Les Roches total aggregate liability (including the liability of each of its Affiliates and/or Representatives) under any circumstance is limited to the amount received by Les Roches in connection with the relevant Programme in relation to which a dispute has arisen.
7.2 The Services are provided on an “as is” and “as available” basis. Les Roches (and its Affiliates and Representatives) make no representations or warranties about the suitability, reliability, availability, timeliness, security, lack of errors, or accuracy of the Services, and expressly disclaim any warranties or conditions (express or implied), including implied warranties of merchantability, fitness for a particular purpose, title, and non-infringement, loss of data. Les Roches (and its Affiliates and Representatives) make no warranty that you will obtain specific results from the use of the Services such as any study or employment opportunity. The use of the Services (including any content) is entirely at your own risk.
7.3 You hereby represent and warrant that you: (i) will comply with these Terms as well as with any and all applicable laws or regulations in connection with your use of the Services as the case may be including paying all relevant taxes where applicable (Tuition Fees are exclusive of any value-added or other indirect taxes that may be due in any country as the case may be), (ii) you will not use the Services for any illegal or unauthorized purpose. You agree to indemnify, defend (if so requested), and hold harmless Les Roches, its Affiliates and Representatives from an against any third-party claims, demands, losses, damages, or expenses (including reasonable attorney fees) arising from: (a) the content posted or submitted by you; (b) your use of the Services; (c) your violation of these Terms; or (d) your violation of any rights of a Third party.
8. Personal Data
8.1 The nature of the Services requires that Les Roches will collect, use and disclose (together “Use”) certain Personal Data about you. Please review our Online Programmes Privacy Notice to understand how Les Roches Uses your Personal Data.
9. Miscellaneous
9.1 These Terms (including any policies referenced in these Terms and any Programme specific terms) constitute the entire agreement between you and Les Roches (the “Agreement”) and prevail in the event of any conflict or inconsistency with any other communication material. Any version of these Terms in a language other than English is provided for convenience only and the English language will control in case of any conflict. If any part of these Terms is found to be illegal, invalid or unenforceable by applicable law, then that provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of these Terms will continue in force. Failure by Les Roches to enforce any term of these Terms shall not constitute a waiver of that provision. If Les Roches decide to waive any of its rights in a particular instance, it doesn’t mean Les Roches waive its rights generally or in the future. In the event of any agreement signed by both you and Les Roches authorized representatives, the terms of such an agreement will prevail.
9.2 You warrant you are not located in, or a resident of, any country that is subject to applicable U.S. trade sanctions or embargoes (such as Cuba, Iran, North Korea, Sudan, Syria, or the Crimea, Donetsk, or Luhansk regions). You also warrant that you are not a person or entity who is named on any government specially designated national or denied-party list. If you become subject to such a restriction during the term of the Agreement with Les Roches, you will notify Les Roches within 24 hours, and Les Roches will have the right to terminate any further obligations to you, effective immediately and with no further liability to you (but without prejudice to your outstanding obligations to Les Roches). You may not access, use, export, re-export, divert, transfer or disclose any portion of the Services or any related technical information or materials, directly or indirectly, in violation of any United States and other applicable country export control and trade sanctions laws, rules and regulations. You agree not to upload any content or technology (including information on encryption) whose export is specifically controlled under such laws.
9.3 From time to time, Les Roches may update these Terms to clarify practices or to reflect new or different practices (such as when Les Roches add new features), and Les Roches reserves the right in its sole discretion to modify and/or make changes to these Terms at any time. Modifications will become effective on the day they are posted unless stated otherwise and you are advised to check this page every time you use the Website. Continued use of the Services after changes become effective shall mean acceptance of those changes. Any revised terms shall supersede all previous terms. Les Roches has sole authority to settle cases not covered by these Terms.
9.4 Governing Law and Jurisdiction
This Agreement is governed by Swiss laws. In the event of any dispute, claim, question, or disagreement arising from or relating to this Agreement or the breach thereof, the parties hereto shall use their best efforts to settle the dispute, claim, question, or disagreement. To this effect, they shall consult and negotiate with each other in good faith and, recognizing their mutual interests, attempt to reach a just and equitable solution satisfactory to both parties. If they do not reach such solution within a period of thirty days (30) days, then, upon notice by either party to the other, all disputes, claims, questions, or differences shall be finally settled by litigation under the exclusive jurisdiction of the courts of Lausanne, Switzerland. The decision and awards of the litigation shall be final and binding. Notwithstanding the foregoing, you agree that Les Roches is permitted to apply for injunctive remedies (or any other types of interim relief) in any jurisdiction at any time.
Version: March 2024