Terms and conditions.

1The Company

1.1The website www.elephantcross.org (the Website) is owned and operated by Elephant & Cross Limited ("Elephant & Cross", "we", "us", "our"), a limited liability company registered in Malta under company registration number C 98899, having its registered office at 148/12 Tower Road, Sliema, Malta, and registered for value added tax under number MT2821-3303.

1.2Correspondence may be addressed to info@elephantcross.org. We endeavour to respond within one working day.

1.3Elephant & Cross is an education agency. Its function is to advise prospective students, to facilitate enrolment with independent educational institutions, and to support Students throughout their studies. Courses are delivered, assessed and certified by those institutions.

2Scope and acceptance

2.1These Terms and Conditions (the Terms) govern access to and use of the Website and the services provided by Elephant & Cross.

2.2Use of the Website constitutes acceptance of these Terms. A person who does not accept these Terms must not use the Website.

2.3These Terms are to be read together with the Privacy and Cookie Policy, which is incorporated by reference.

2.4Nothing in these Terms operates to exclude or restrict any right conferred on a consumer by mandatory provisions of Maltese or European Union law. To the extent of any inconsistency, the statutory right prevails.

3Definitions

In these Terms, unless the context requires otherwise:

Course means a programme of study promoted through the Website, and includes a Diploma Course.

Diploma Course means a Course leading to the award of a diploma, as identified as such on the relevant Course page. Degree programmes and ACCA qualifications are not Diploma Courses.

Provider means the institution responsible for the delivery and certification of a Course.

Provider Terms means the contract concluded between a Student and a Provider, including the Provider's fees, payment terms, refund policy and academic regulations.

Student, you and your mean a person who uses the Website or the services of Elephant & Cross.

Content means all text, images, video, course descriptions and other material published on the Website.

Words in the singular include the plural and vice versa.

4Nature of our services

4.1Elephant & Cross advises on Course selection, sets out entry requirements and costs, refers prospective students to Providers, assists with applications and enrolment, and acts as a point of contact for the duration of a Student's studies.

4.2Teaching, the setting and marking of assessments, the conferral of qualifications and all academic decisions are the responsibility of the Provider.

4.3Elephant & Cross does not receive Course fees. All fees are payable to the Provider.

4.4Elephant & Cross receives a commission from a Provider upon the enrolment of a Student it has referred. No part of that commission is charged to the Student, and the services of Elephant & Cross are provided to Students free of charge.

4.5Course information published on the Website is supplied by Providers. Elephant & Cross takes reasonable care to ensure its accuracy at the date of publication. Course content, fees, entry requirements, delivery arrangements and accreditation are subject to change without notice, and prospective students are advised to confirm the current position with Elephant & Cross prior to enrolment.

5Enrolment

5.1Upon enrolment, the Student enters into a contract with the Provider. Fees, payment arrangements, access to materials, assessment, refunds and certification are governed by the Provider Terms.

5.2The Provider Terms are made available by the Provider. The Student is responsible for reviewing them prior to enrolment.

5.3Elephant & Cross acts as an intermediary and is not a party to the contract between the Student and the Provider. Elephant & Cross has no authority to vary the Provider Terms, to waive fees, to reverse an academic decision or to issue a certificate.

5.4In the event of inconsistency between the Provider Terms and these Terms in relation to any matter concerning a Course, the Provider Terms prevail.

5.5A Student must be at least 18 years of age, or at least 16 years of age with the written consent of a parent or guardian.

5.6The Student warrants that all information supplied to Elephant & Cross and to a Provider is true, accurate and complete, and undertakes to notify any change without undue delay. A Provider may withdraw an offer or terminate an enrolment where information supplied is found to be materially false or misleading.

6Diploma Courses: published payment arrangements

6.1Scope. This clause 6 applies to Diploma Courses only, and no provision of it applies to degree programmes or ACCA qualifications, which are governed exclusively by the Provider Terms.

6.2Status of this clause. This clause records the arrangements which Elephant & Cross has agreed with Providers in respect of Diploma Courses and which it publishes on the Website. Fees are payable to the Provider and not to Elephant & Cross, and the Provider Terms applicable to a Student's enrolment prevail in accordance with clause 5.4.

6.3Nature of the arrangement. A Diploma Course is paid for periodically as it is taken. Accordingly:

(a)the total fee stated for a Diploma Course is the aggregate of the monthly payments falling due over the agreed period, and is not a sum owed by the Student upon enrolment;

(b)each monthly payment becomes due on its due date, in consideration of the Student's continued access to the Diploma Course during the month to which it relates;

(c)no sum is owed by the Student in respect of any month which has not yet begun, and no such sum is deferred, advanced or postponed; and

(d)no loan, credit facility, deferral of payment or forbearance is granted to the Student, whether by Elephant & Cross or by the Provider.

6.4No interest or charges. No registration fee, interest, financing charge, administration charge or charge for late payment is applied at any time. The monthly payment agreed at enrolment is the only sum payable.

6.5Monthly payments are made over a number of months agreed with the Student at enrolment.

6.6Access. Access to a Diploma Course, and the issue of any certificate in respect of it, are conditional upon the payment plan being current. Where payments cease, access may be suspended by the Provider until the plan is brought up to date.

6.7Diploma Courses are undertaken at the Student's own pace. The period over which payments are made is independent of the period taken to complete the Diploma Course, and neither varies the other except by written agreement.

6.8Suspension of payments. A Student may suspend payments on one occasion, for a period not exceeding three months in aggregate, during the Diploma Course. Sums already paid are retained and the payment plan resumes upon expiry of the suspension.

6.9Termination by the Student. A Student may terminate an enrolment on a Diploma Course at any time by notifying the Provider in writing. No further sum thereupon becomes payable and the Student incurs no liability of any kind in respect of the remainder of the Diploma Course. Payments already made are not refunded, and any entitlement to a refund arises under the Provider Terms or by operation of law and lies against the Provider.

6.10Any claim in respect of a sum debited following termination, or of an amount not properly due, lies against the Provider by which that sum was received.

6.11Any figures quoted by Elephant & Cross for ancillary items, including recognition statements, replacement certificates and assessment resits, are indicative only. Such charges are determined by and payable to the body concerned.

7Certification and recognition

7.1Certificates are issued by the Provider or awarding body, ordinarily upon settlement of all fees due and satisfaction of all assessment requirements. Timescales for marking, results and certification are determined by those bodies.

7.2Where Elephant & Cross states that a qualification is situated at a particular MQF or EQF level, that statement reflects information supplied by the awarding body.

7.3Decisions on the recognition of a qualification are made by the body to which it is presented. In Malta, recognition of a foreign qualification is determined by the Malta Qualifications Recognition Information Centre and, in other jurisdictions, by the competent national authority. Such decisions rest with those bodies and are outside the control of Elephant & Cross, which accordingly gives no warranty in respect of them. Where recognition is material to a Student's decision to enrol, the Student is responsible for verifying the position with the competent authority before doing so.

7.4Admission to a Course and progression to a degree or top-up programme are determined by the Provider or receiving institution; the attainment of a grade is determined by assessment; employment decisions are made by employers; and the grant of a visa or residence permit is determined by the competent immigration authority. Each lies outside the control of Elephant & Cross, which gives no warranty in respect of any of them.

8Academic integrity

8.1Providers establish and enforce their own regulations concerning plagiarism, collusion, contract cheating and the improper use of artificial intelligence tools, and may suspend a Course, annul an assessment or withhold a qualification where those regulations are breached.

8.2An appeal against an academic decision is made under the Provider's appeals procedure. Elephant & Cross has no power to reverse such a decision.

9Use of the Website and intellectual property

9.1The Student is granted a limited, personal, non-exclusive and revocable licence to view, download and print Content for personal or educational purposes.

9.2All intellectual property rights subsisting in the Website and the Content vest in Elephant & Cross or its licensors and are reserved. Save as permitted by clause 9.1 or by law, the Content may not be republished, redistributed, sold, sub-licensed or copied, nor may it be systematically extracted or used for the training of machine-learning systems, without the prior written consent of Elephant & Cross.

9.3Clause 10.2 does not restrict any act permitted under the Copyright Act (Cap. 415).

9.4The Website must not be used unlawfully, nor for the transmission of malicious code, nor for any attempt to obtain unauthorised access to the Website or any system connected to it, nor in any manner which interferes with its operation or security.

9.5Linking to any publicly accessible page of the Website is permitted provided that the link is not deceptive, does not imply endorsement by Elephant & Cross, and does not appear in conjunction with unlawful or objectionable material. The logo and trade marks of Elephant & Cross may not be used without prior written permission, and the Website may not be framed. Elephant & Cross may require the removal of any link at any time.

9.6Elephant & Cross may modify, suspend or withdraw the Website or any part of it without notice.

10Third-party websites

10.1The Website contains links to the websites of Providers and other third parties. Elephant & Cross exercises no control over such websites and accepts no responsibility for their content, availability or data protection practices. Access to them is subject to their own terms.

11Cookies and personal data

11.1Personal data is processed, and cookies are used, in accordance with Regulation (EU) 2016/679 and the Data Protection Act (Cap. 586). The Privacy and Cookie Policy sets out the data processed, the purposes and legal bases of processing, retention periods, recipients, the cookies used, and how a data subject may exercise their rights.

12Disclaimer and limitation of liability

12.1The Website is provided on an "as is" basis. No warranty is given that it will be available without interruption, free from error or secure, or that the Content is complete or current. The Content constitutes general information only and does not constitute legal, financial, immigration or careers advice.

12.2Nothing in these Terms excludes or limits the liability of Elephant & Cross for death or personal injury caused by its negligence, for fraud or fraudulent misrepresentation, for gross negligence or wilful misconduct, or for any liability which cannot lawfully be excluded or limited, including liability arising under mandatory consumer protection law.

12.3Subject to clause 12.2, Elephant & Cross shall not be liable for the acts, omissions, insolvency, quality of teaching, academic decisions, variation of fees or cessation of business of any Provider; for any decision of any body not to recognise a qualification; for loss of profit, revenue, opportunity or goodwill; for loss or corruption of data; or for any indirect or consequential loss.

12.4Subject to clause 12.2, the aggregate liability of Elephant & Cross to a Student, whether arising in contract, in tort including negligence, for breach of statutory duty or otherwise, shall not exceed the greater of the total sums paid by that Student to Elephant & Cross in the twelve months preceding the claim and €5,000.

12.5The Student is responsible for the selection of a Course and for the arrangements made to fund it.

13Complaints

13.1A complaint concerning the services of Elephant & Cross should be addressed to info@elephantcross.org.

13.2A complaint concerning the delivery, assessment or certification of a Course should be addressed to the Provider under its own complaints and appeals procedure.

14Variation

14.1Elephant & Cross may amend these Terms, including to reflect changes in law or in its arrangements with Providers. The version in force is that published on this page, and the date stated above indicates when it was last amended.

14.2Where an amendment materially affects the rights of a Student with a subsisting relationship with Elephant & Cross, reasonable notice will be given by electronic mail. Continued use of the Website following the coming into effect of an amendment constitutes acceptance of it.

14.3An amendment to these Terms does not affect a contract already concluded between a Student and a Provider.

15General

15.1If any provision of these Terms is held to be invalid or unenforceable, that provision shall be severed and the remaining provisions shall continue in full force and effect.

15.2A failure or delay in enforcing any provision of these Terms does not constitute a waiver of it.

15.3The Student may not assign or transfer any right or obligation under these Terms. Elephant & Cross may assign its rights to a successor in title provided that the Student's rights are not thereby diminished.

15.4These Terms, together with the Privacy Policy and the Cookie Policy, constitute the entire agreement between the parties in respect of the Website and the services of Elephant & Cross, and supersede all previous versions. This clause does not exclude liability for fraudulent misrepresentation.

15.5Elephant & Cross shall not be in breach of these Terms by reason of any failure to perform occasioned by an event beyond its reasonable control.

15.6These Terms are concluded in the English language.

16Governing law and jurisdiction

16.1These Terms, and any dispute or claim arising out of or in connection with them or their subject matter, are governed by and construed in accordance with the laws of Malta.

16.2The courts of Malta shall have exclusive jurisdiction. Where the Student is a consumer resident in another Member State of the European Union or the European Economic Area, this clause does not deprive that Student of the protection afforded by the mandatory provisions of the law of that State.

17Contact

Enquiries concerning these Terms may be addressed to info@elephantcross.org or to the Student's course advisor.

Elephant & Cross Limited · 148/12 Tower Road, Sliema, Malta Registered in Malta, company number C 98899 · VAT MT2821-3303