Privacy Policy | Purchase Terms & Conditions | Terms of Use

 

General Terms and Conditions

Please note, you are able to unsubscribe from Le Cordon Bleu direct marketing contact at any time.

If you unsubscribe from Le Cordon Bleu weekly updates and marketing communications in future, if you have registered and are a member of the Le Cordon Bleu learning management system you will need to cancel your account if you also do not wish to receive learning management system communications related to services - please contact us to confirm account cancellation.

 

Privacy Policy

Your privacy is important to us. Please read the following carefully.

Purpose and who we are

The purpose of this Privacy Policy is to describe how Le Cordon Bleu ("Le Cordon Bleu," "us," "we," or "our") collects, uses and shares information about you through our online interfaces (e.g., websites and mobile applications) owned and controlled by us, including www.cordonbleu.edu (collectively referred to herein as the "Site"). Please read this notice carefully to understand what we do. If you do not understand any aspects of our Privacy Policy, please feel free to contact us at pdprivacy@cordonbleu.edu . Your use of our Site is also governed by our Terms of Use.

Le Cordon Bleu is a world renowned network of educational institutions dedicated to providing the highest level of culinary and hospitality instruction through world class programmes. Central to this mission is our commitment to be transparent about the data we collect about you, how it is used and with whom it is shared. 

This Privacy Policy applies when you use our Services. We offer our users choices about the data we collect, use and share as described in this Privacy Policy. Le Cordon Bleu international is the data controller of all Personally Identifiable Information (as defined below) collected via the Site and of certain Personally Identifiable Information collected from third parties, as set out in this Privacy Policy.

What Information this Privacy Policy Covers

This Privacy Policy covers information we collect from you through our Site. Some of our Site’s functionality can be used without revealing any Personally Identifiable Information, though some features or services will require Personally Identifiable Information. In order to access certain features and benefits on our Site (obtain information about Le Cordon Bleu or to register on a mailing list, or wish to proceed with on-line application for a Le Cordon Bleu course), you may need to submit, or we may collect, "Personally Identifiable Information" (i.e., information that can be used to identify you). Personally Identifiable Information can include information such as your name and email address, among other things. You are responsible for ensuring the accuracy of the Personally Identifiable Information you submit to Le Cordon Bleu. Inaccurate information may affect your ability to use the Site, the information you receive when using the Site, and our ability to contact you. For example, your email address should be kept current because that is one of the primary manners in which we communicate with you.

What You Agree to by Using Our Site

Please understand that by submitting any Personally Identifiable Information to us, you consent and agree that we may collect, use and disclose such Personally Identifiable Information in accordance with this Privacy Policy and our Terms of Use, and as permitted or required by law. If you do not agree with these terms, please do not provide any Personally Identifiable Information to us. If you refuse or withdraw your consent, or if you choose not to provide us with any required Personally Identifiable Information, we may not be able to provide you with the services that can be offered on our Site. Consent can be withdrawn at any time, but please note that we may also rely on legitimate interests or fulfilment of a contract to continue processing your data.

    What Information We Collect 

    Information relating to your use of our Site. Cookies are created when you use your browser to visit a website that uses cookies to keep track of your movements and preferences within the site. We use cookies on Le Cordon Bleu website to offer the best user experience to our visitors. To learn more about how our website uses cookies, please refer to our Cookie Policy. Le Cordon Bleu collects IP addresses for the purposes of its system administration and to analyse the use of its Site. We do not link IP addresses to any information that is personally identifiable, which means that your session will be logged, but you remain anonymous to us. We may use your IP address in cooperation with your Internet service provider to identify you if we feel it is necessary to enforce compliance with our Terms of Use or to protect our services, customers or as required by law.

    Personally Identifiable Information provided directly by you or via third parties. We collect Personally Identifiable Information that you provide to us when you register for an account, update or change information for your account, purchase products or services, complete a survey, sign-up for email updates or Courses, participate in our Learning Management system, send us email messages, and/or participate in Online Courses or other services on our Site. We may use the Personally Identifiable Information that you provide to respond to your questions, provide you the specific course and/or services you select, send you updates about Courses offered by Le Cordon Bleu or other Le Cordon Bleu events, and send you email messages about Site maintenance or updates.

    Type of data we collect. Personal data such as first name, last name, email and phone number are required to be able to follow up with the interest that you have shown in Le Cordon Bleu, qualify it and eventually proceed with the enrolment. More sensitive data (e.g. medical conditions) will be required when filling the online application form to ensure students are fit to start learning at Le Cordon Bleu or to make sure we can adjust our teaching methods accordingly. Government data will only be required to ensure the applicants for the Scholarship competition are meeting our terms and conditions. Banking data will be required only when the users will need to proceed to an online payment.

    Account Registration. If you register for an account on our Site, you may be required to provide us with Personally Identifiable Information such as your name and email address.

    Updates. Le Cordon Bleu may offer you the ability to receive updates either via email or by posting on portions of the Site only accessible to registered users. In order to subscribe to these services, you may be required to provide us with Personally Identifiable Information such as your name and email address.

    Discussion boards. Le Cordon Bleu may offer access to its students to discussion boards where you can share comments and thoughts. Please keep in mind that information you post or make available in Forums will be publicly available. You should not post any Personally Identifiable Information or other information of a personal or sensitive nature, whether relating to you or another person, on these medium. Please also reference our Terms of Use for our Rules for Online Conduct and additional information about proper use of our systems.

    Profile information. Some of our products and third-party services will give you the ability to manage your profile, as a student or alumni. You have choices about the information on your profile, such as your education, work experience, skills, etc. You don’t have to provide additional information on your profile; however, profile information helps you to get more from our Services, including helping recruiters and business opportunities find you It’s your choice whether to include sensitive information on your profile and to make that sensitive information public. Please do not post or add personal data to your profile that you would not want to share with others. 

    Posting and Uploading. We collect personal data from you when you provide, post or upload it to our Services, such as when you fill out a form, respond to a survey, or submit a resume. You don’t have to post or upload personal data; though if you don’t, it may render some of our services and products unavailable.

    Service Use. We log your visits and use of our Services. We log usage data when you visit or otherwise use our Services, including our sites, app and platform technology, such as when you view or click on content (e.g., learning video), perform a search, or apply for jobs. We use log-ins, cookies, and internet protocol (“IP”) addresses to identify you and log your use.

    Participation in our courses. If you desire to participate in a course, you will be asked to provide us with certain information necessary to conduct such a course. This information may include, among other things, your name and email address. Le Cordon Bleu offers some of its students the opportunity to participate in a course on its Learning platform.
    If you participate in a course, we may collect from you certain student-generated content, such as assignments you submit to instructors, peer-graded assignments, and peer grading student feedback. We also collect course data, such as student responses to quizzes, exams, and surveys. You should not include any Personally Identifiable Information or other information of a personal or sensitive nature, whether relating to you or another person, on assignments, exams, or surveys, except for information required to participate or submit such assignments, exams, or surveys.

    Identity Verification. Le Cordon Bleu may offer you the ability to verify your identity for selected classes. In order to enrol for these services, you may be required to provide us with Personally Identifiable Information such as your name, address, date of birth, a headshot taken using a webcam, and a photo identification document. Additionally, if you apply for financial aid in connection with these services, you may be required to provide information regarding your income.

    Communications with Le Cordon Bleu. We may receive Personally Identifiable Information when you send us an email message or otherwise contact us.

    Third Party Sites. We may receive Personally Identifiable Information when you access or log-in to a third-party site. Partner sites providing Course related tools and services to Le Cordon Bleu users may collect nonfinancial individual level user data regarding the individual’s use of that partner site while engaged with such Course related activities, and the partner sites may share that data with Le Cordon Bleu for the purpose of improving Le Cordon Bleu’s services, the partner site’s services, and the individual’s education experience. This data includes information such as the amount of time spent on the partner site and pages viewed.

    Third Party Credit Card Processing. Le Cordon Bleu provides you with the ability to pay for Courses and other services using a credit card through a third-party payment processing service provider. Please note that our service provider – not Le Cordon Bleu – collects and processes your credit card information.

    Data Integrity and Purpose Limitation. We will process Personal Information in a manner that is compatible with and relevant to the purpose for which it was collected or authorized by you. To the extent necessary for those purposes, we will take reasonable steps to ensure that Personal Information is accurate, complete, current and reliable for its intended use.

    The basis for processing your personal data (other than with your consent)

    Performance of a contract with you. We process your personal data because it is necessary for the performance of a contract to which you are a party or in order to take steps at your request prior to entering into a contract. In this respect, we use your personal data for the following:

    • To prepare a proposal for you regarding the Courses and services we offer;
    • To provide you with the Courses and services;
    • To deal with any complaints or feedback you may have;
    • For any other purpose for which you provide us with your personal data.

    In this respect, we may share your personal data with or transfer it to the following:

    • Your agents, intermediaries;
    • Third parties whom we engage to assist in delivering the services to you
    • Our professional advisers where it is necessary for us to obtain their advice or assistance

    Legitimate interests. We also process your personal data because it is necessary for our legitimate interests, or sometimes where it is necessary for the legitimate interests of another person. In this respect, we use your personal data for the following:

    • For marketing to you. In this respect, see the separate section on Marketing below;
    • For the administration and management of our courses, services, sales, and events
    • For the eligibility or our candidates to attend some of our programmes
    • To keep an accurate register of our students and Alumni
    • To ensure a safe environment for our students and staff

    Legal obligations. We also process your personal data for our compliance with a legal obligation which we are under. In this respect, we will use your personal data for the following:

    • To meet our compliance and regulatory obligations, such as compliance with accreditation bodies, and border agencies;
    • As required by tax authorities or any competent court or legal authority.

    In this respect, we will share your personal data with the following:

    • With third parties who assist us in conducting background checks;
    • With relevant regulators or law enforcement agencies where we are required to do so.

    Marketing

    • We will send you marketing about similar services we provide, as well as other information in the form of newsletters and invitations to events or functions which we believe might be of interest to you.
    • We will communicate this to you in a number of ways including by post, telephone, email, SMS or other digital channels.
    • When emailing, recipients always have the right to unsubscribe and a link is included on all email communications to do so.
    • The data subject can unsubscribe at any time either by contacting us or by logging into their profile on the Le Cordon Bleu Website.

    How We Use the Information

    Information relating to your use of our Site. We use information relating to your use of the Site to build higher quality, more useful services by performing statistical analyses of the collective characteristics and behaviour of our users, and by measuring demographics and interests regarding specific areas of our Site. We may also use this information to ensure the security of our services and the Site.

    Personally Identifiable Information provided directly by you or via third parties. Except as set forth in this Privacy Policy or as specifically agreed to by you, Le Cordon Bleu will not disclose any of your Personally Identifiable Information. In addition to the other uses set forth in this Privacy Policy, we may disclose and otherwise use Personally Identifiable Information as described below.

    Providing the Site and our services. We use Personally Identifiable Information which you provide to us in order to allow you to access and use the Site and in order to provide any information, products or services that you request from us.

    Updates. We use Personally Identifiable Information collected when you sign-up for our various email or update services to send you the messages in connection with the Site, Event, or an Online Course. We may also archive this information and/or use it for future communications with you, where we are legally entitled to do so.

    Participation within our online Learning platform. We use the Personally Identifiable Information that we collect from you when you participate in an Online Course through the Site for processing purposes, including but not limited to tracking attendance, progress, and completion of an Online Course. We may also share your Personally Identifiable Information and your performance in a given Online Course with the instructor or instructors who taught the course, with teaching assistants or other individuals designated by the instructor or instructors to assist with the creation, modification or operation of the course, and with the institution or institutions with which they are affiliated. Also, we may archive this information and/or use it for future communications with you, where we are legally entitled to do so. Furthermore, some collaboration and messaging tools may be available within some of our platforms. You should not post any Personally Identifiable Information or other information of a personal or sensitive nature, whether relating to you or another person, within a post on these types of medium.

    Security and Investigations. We may use data for security, fraud prevention and investigations. We may use your data (including your communications) if we think it’s necessary for security purposes or to investigate possible fraud or other violations of our Terms and Conditions, or this Privacy Policy and/or attempts to harm our Members or Visitors.

    Identity Verification. For services that require identity verification, we use the Personally Identifiable Information that we collect for verifying your identity, and for authenticating that submissions made on the Site were made by you. We take data privacy protection very seriously and, to validate that any request relating to the retrieval of your personal data is in fact initiated by the data subject, we may ask additional information necessary to confirm identity when the request is made.

    Aggregate Insights. We use data to generate aggregate insights. We use your data to produce and share aggregated insights that do not identify you. For example, we may use your data pooled with others to generate statistics about our members, their profession or industry, to calculate ad impressions served or clicked on, or to publish visitor demographics for a Service and other insights to better serve our students.

    Communications with Le Cordon Bleu. When you send us an email message or otherwise contact us, we may use the information provided by you to respond to your communication and/or as described in this Privacy Policy. We may also archive this information and/or use it for future communications with you where we are legally entitled to do so. 

    Depending on the services you are interested in, or enrolled in, we may contact you through email, mobile phone, notices posted on our websites or apps, and other ways through our Services, including text messages and push notifications. We will send you messages about the availability of our Services, courses, events, security, or other service-related issues. 

    We promote our Services to you and others: We use data and content about Members for invitations and communications promoting membership and network growth, engagement and our Services.

    Communications with Le Cordon Bleu Business Partners. We may share your Personally Identifiable Information with University partners and other business partners of Le Cordon Bleu so that Le Cordon Bleu University partners and other business partners may share information about their products and services that may be of interest to you where we are legally entitled to do so. 

    Research. We may share general course data (including quiz or assignment submissions, grades, and forum discussions), information about your activity on our Site, and demographic data from surveys operated by us with our University partners and other business partners so that our University partners and other business partners may use the data for research related to online education.

    Customer Support. We use data to help you and fix problems. We use the data (which can include your communications) to investigate, respond to and resolve complaints and Service issues

    Disclosure to Le Cordon Bleu Operations and Maintenance Contractors. We use various service providers, vendors and contractors (collectively, "Contractors") to assist us in providing our products and services to you. Our Contractors may have limited access to your Personally Identifiable Information in the course of providing their products or services to us, so that we in turn can provide our products and services to you. These Contractors may include vendors and suppliers that provide us with technology, services, and/or content related to the operation and maintenance of the Site or the Online Course. Access to your Personally Identifiable Information by these contractors is limited to the information reasonably necessary for the contractor to perform its limited function for us.
    Where we process personal data on behalf of our business partners, we will work with them to ensure you are offered appropriate choices (and means to exercise those choices) for limiting use or disclosure of your personal data (where appropriate).
    Notwithstanding the foregoing, you agree that we may disclose Personal Information under the following circumstances without offering you an opportunity to opt out of such disclosure: (i) to our partner institutions and other service providers that we have retained to perform requested services on our behalf; (ii) if we are required to do so by law or legal process; (iii) pursuant to valid requests by law enforcement or other government authorities (which we are legally required to respond to); and (iv) when we believe disclosure is necessary to prevent physical harm or financial loss or in connection with an investigation of suspected or actual illegal activity. In addition, we reserve the right to transfer Personal Information in the event we sell or transfer all or a portion of our business or assets (including in the event of a reorganization, dissolution or liquidation). Should such a sale or transfer occur, we will use reasonable efforts to direct the transferee to use the Personal Information in a manner consistent with this Privacy Policy.

    We will only transfer Personal Information to third parties where the third party: (i) has provided satisfactory assurances to us that it will protect the Personal Information; (ii) is located in the EU or a country considered "adequate" for privacy by the EU Commission, and therefore is required to comply with the EU data protection laws or substantially equivalent privacy laws

    Government Authorities, Legal Rights and Actions. Le Cordon Bleu may share your Personally Identifiable Information with various government authorities in response to subpoenas, court orders, or other legal process; to establish or exercise our legal rights or to protect our property; to defend against legal claims; or as otherwise required by law. In such cases we reserve the right to raise or waive any legal objection or right available to us. We also may share your Personally Identifiable Information when we believe it is appropriate to investigate, prevent, or take action regarding illegal or suspected illegal activities; to protect and defend the rights, property, or safety of Le Cordon Bleu, the Site, our users, customers, or others; and in connection with our Terms of Use and other agreements.

    External Links. For your convenience we may provide links to sites operated by organizations other than Le Cordon Bleu ("Third Party Sites") that we believe may be of interest to you. We do not disclose your Personally Identifiable Information to these Third-Party Sites without obtaining your consent. We do not endorse and are not responsible for the privacy practices of these Third-Party Sites. If you choose to click on a link to one of these Third-Party Sites, you should review the privacy policy posted on the other site to understand how that Third-Party Site collects and uses your Personally Identifiable Information.

    Confidentiality & Security of Personally Identifiable Information

    We consider the confidentiality and security of your information to be of the utmost importance. We will use industry standard physical, technical and administrative security measures to keep your Personally Identifiable Information confidential and secure and will not share it with third parties, except as otherwise provided in this Privacy Policy, or unless such disclosure is necessary in special cases, such as a physical threat to you or others, as permitted by applicable law. Because the Internet is not a 100% secure environment we cannot guarantee the security of Personally Identifiable Information, and there is some risk that an unauthorized third party may find a way to circumvent our security systems or that transmission of your information over the Internet will be intercepted. It is your responsibility to protect the security of your login information. Please note that e-mails communications are typically not encrypted and should not be considered secure.

    Retention of Personally Identifiable Information. If you reside or are located in the EEA, we keep your Personally Identifiable Information for no longer than necessary for the purposes for which the Personally Identifiable Information is processed. The length of time we retain Personally Identifiable Information for depends on the purposes for which we collect and use it and/or as required to comply with applicable laws and to establish, exercise or defend our legal rights.
    Access. Upon request, we will provide you with reasonable access to the Personal Information about you that we hold. We will also take reasonable steps to correct, update, amend or delete any information that is demonstrated to be inaccurate, except where the burden or expense of doing so would be disproportionate to the risks to your privacy in the case in question or where the rights of third parties would be violated. Where we process personal data on behalf of our business partners, we will work with them in complying with such requests in accordance with applicable law.

    Updating or Deleting Your Personally Identifiable Information

    You have certain rights in relation to your Personally Identifiable Information. You can access your Personally Identifiable Information and confirm that it remains correct and up-to-date or choose whether or not you wish to receive material from us or some of our partners by logging into the Site and visiting your user account page. you can also withdraw your consent to receive electronic messages at any time by clicking the “unsubscribe” link at the bottom of an email.

    If you would like further information in relation to your rights or would like to exercise any of them, you may also contact us via pdprivacy@cordonbleu.edu 

    If you reside in the EEA, you have the right to request that we:

    • provide access to Personally Identifiable Information we hold about you the right to access personal information may be limited in some circumstances by local law requirements. To exercise this right, please contact us;
    • prevent the processing of your Personally Identifiable Information for direct-marketing purposes. Update your direct marketing preferences.
    • update any Personally Identifiable Information which is out of date or incorrect;
    • delete any Personally Identifiable Information which we are holding about you. Contact us outlining what information you would like deleted;
    • restrict the way that we process your Personally Identifiable Information. Contact us outlining what processing of information you would like to object to;
    • provide your Personally Identifiable Information to a third party provider of services; or
    • provide you with a copy of Personally Identifiable Information which we hold about you. To exercise this right, please Contact us;

    Please note that the above rights are not absolute, and we may be entitled to refuse requests where legal exceptions apply.

    We try to answer every email promptly where possible and provide our response within the time period stated by applicable law. Keep in mind, however, that there will be residual information that will remain within our databases, access logs and other records, which may or may not contain your Personally Identifiable Information. Please also note that certain Personally Identifiable Information may be exempt from such requests in certain circumstances, which may include if we need to keep processing your Personally Identifiable Information to comply with a legal obligation.

    We take data privacy protection very seriously and, to validate that any request relating to your personal data is in fact initiated by the data subject, we may ask information necessary to confirm identity when the request is made.

    Questions, Suggestions and Complaints

    If you have any privacy-related questions, suggestions, unresolved problems, or complaints you may contact us via pdprivacy@cordonbleu.edu

    If you reside or are located in the EEA, our Data Protection Officer and Privacy Team may assist with all queries regarding our processing of Personally Identifiable data at pdprivacy@cordonbleu.edu

    Changing Our Privacy Policy

    Please note that we review our privacy practices from time to time, and that these practices are subject to change. Any change, update, or modification will be effective immediately upon posting on our Site. We will notify you of any material change to this Privacy Policy by posting a notice on our Site’s homepage for a reasonable period of time following such update, and by changing the effective date (located at the bottom of this page). Be sure to return to this page periodically to ensure familiarity with the most current version of this Privacy Policy.

     

    Purchase & Services Terms & Conditions

    By making a purchase with Le Cordon Bleu you are entering into a contract between you and Le Cordon Bleu International BV. This agreement sets out the conditions under which you order and purchase from Le Cordon Bleu International BV. By using the services of the Le Cordon Bleu International BV learning management system (ENGAGE) you are also bound by this agreement.

    Interpretation

    In these conditions:

    • Agreement is an agreement between you and Le Cordon Bleu International BV to supply goods or services, and consists of the order and these conditions;
    • Conditions are these conditions, and any agreed written variations;
    • Goods are goods described in an order, and includes packaging;
    • Intellectual property rights includes all rights in respect of copyright, trademarks, patents, designs and protection of confidential information, whether arising under statute or otherwise;
    • Order is an order by you to purchase goods or services from Le Cordon Bleu International BV, being enacted and commencing with your registration on the Le Cordon Bleu International BV learning management system;
    • Product offering is the list or promotion of goods or services displayed on the Le Cordon Bleu International BV learning management system, as amended from time to time;
    • Services are services described in an order.

    The Agreement

    An agreement exists between you and Le Cordon Bleu International BV once:

    • you register on the Le Cordon Bleu International BV learning management system; and/or
    • Le Cordon Bleu International BV accepts an order via the Le Cordon Bleu International BV learning management system or other means; and/or
    • Le Cordon Bleu International BV receives the order and does not reject it within seven days.

    Each registration and/or order is a separate agreement.

    Your contact & other details

    You must complete relevant registration contact information and your billing details as part of registering on the Le Cordon Bleu International BV learning management system and/or placing an order with Le Cordon Bleu International BV. You warrant that all information and data provided by you in these details is accurate, complete and up to date. You must promptly inform Le Cordon Bleu International BV if there is a change to this information or data. 

    In providing your contact details you are opting into receipt of various communications from Le Cordon Bleu International BV including updates and general marketing. This includes the express permission for Le Cordon Bleu International BV to provide your general contact details to third parties for the purposes of fulfilling the objective for which such information was obtained. You may opt-out of these communications at any stage.

    All Le Cordon Bleu International BV marketing communications include a 'one click' unsubscribe feature so that you may opt out at any time.

    Orders and delivery of goods or services

    Anyone at the delivery address (physical or digital) who receives the goods or services shall be presumed by Le Cordon Bleu International BV to be authorised to receive the goods or services. Le Cordon Bleu International BV may request that the person who receives the goods or services at the delivery sign or confirm proof of receipt.

    Risk in the goods and services

    Risk in the goods or services passes to you upon delivery of the goods or services to the delivery address.

    Price of goods and services and payment

    The purchase price of the goods and services as shown on the product offering is the purchase price which is applicable at the time you view it. All prices are in Australian dollars and are, in the case of purchases for delivery in Australia, inclusive of GST where applicable.

    Total price of goods or services

    Goods or services in your order are charged at the purchase price applicable at the time you submit your order and as shown on the order confirmation.

    Invoice

    Upon the placing of and payment for your order Le Cordon Bleu International BV will provide you with an electronic invoice (and in the case of purchases for delivery in Australia, a Tax Invoice / Tax Receipt) specifying the total price for the goods and services.

    Online payment by credit card

    You must pay for the goods or services after placing the order on request from Le Cordon Bleu International BV - Le Cordon Bleu International BV will process a facility to make your payment using your credit card (MasterCard, Visa or American Express). The payment will be processed after the time of the order and before the goods or services are delivered.

    Intellectual property rights

    You acknowledge that Le Cordon Bleu International BV (or its resource partners) owns or is licensed to use all intellectual property rights in goods and services, including any images, photographs or text which appears on the Le Cordon Bleu International BV learning management system. You must not make any representation to the contrary and you must not use or copy Le Cordon Bleu International BV and/or any of the said intellectual property in any manner which is inconsistent with the rights of the owner or licensee of such intellectual property rights. You acknowledge that any trademarks or logos which appear on the Le Cordon Bleu International BV website are owned by or licensed to Le Cordon Bleu International BV and that you must not do anything to prejudice the rights of the trademark owner or licensee to such trademarks or logos.

    Liability

    You acknowledge that the vert learning management system, goods and services are provided "as is" and that Le Cordon Bleu International BV is not making and has not made any warranty or representation as to their suitability for any particular purpose. In using the Le Cordon Bleu International BV learning management system, you are not relying on any statement or representation made by Le Cordon Bleu International BV which is not expressly contained in this agreement. Any liability of Le Cordon Bleu International BV arising out of or in connection with a breach of an express or implied warranty or condition in respect of goods or services supplied to you through the use of the Le Cordon Bleu International BV learning management system (other than a condition or warranty implied by legislation which does not permit Le Cordon Bleu International BV’s liability to be limited as stated in this agreement) will, at the election of Le Cordon Bleu International BV, be limited to:

    • the replacement of the goods or services or the supply of equivalent goods or services again; or
    • the refund of all monies paid by you.

    The entire risk arising out of installation, downloading, use or performance of any goods or services remains with you. To the extent permitted by law, you release and discharge Le Cordon Bleu International BV from all forms of direct, special, indirect or consequential loss or damage (including loss of profits, loss of data or loss or damage that may reasonably have been supposed to have been in the contemplation of the parties as at the date of this Agreement) arising out of or in connection with Le Cordon Bleu International BV or this agreement, including loss or damage caused by the negligence of Le Cordon Bleu International BV or its employees or its agents.

    Notification of changes

    Le Cordon Bleu International BV may add to, delete, or otherwise change any of the terms of this agreement at any time by giving you notice. Your use of the Le Cordon Bleu International BV learning management system, goods and services after notice is provided will constitute your deemed acceptance of such changes.

    Termination 

    Le Cordon Bleu International BV may terminate or suspend this agreement at any time by delivering notice, effective the day notice is received, or such later date as specified in the notice.

    Notices

    Le Cordon Bleu International BV may give notice to you by electronic mail, conventional mail or notice posting on the Le Cordon Bleu International BV learning management system.

    Severability

    Each provision of this agreement including these conditions is severable. Severance does not affect any other provision.

    Laws

    The laws of The Netherlands govern this Agreement. You and Le Cordon Bleu International BV submit to the non-exclusive jurisdiction of the Courts of The Netherlands in respect of this Agreement.

     

    Terms of Use

    This Le Cordon Bleu International BV learning management site is a cloud-hosted digital learning environment, using the MATRIX LMS technology solution by Cypher Learning. In using the Le Cordon Bleu International BV learning management system you are bound by the Terms and Conditions outlined here, and also by the Terms of Service of MATRIX LMS.

    Your details

    In providing your contact details at registration you are opting into receipt of various communications from Le Cordon Bleu International BV including updates and general marketing. You may opt-out of these communications at any stage. All Le Cordon Bleu International BV marketing communications include a 'one click' unsubscribe feature.

    Content

    You should not upload any content that contains a virus or that is unlawful, obscene, or offensive by normal community standards. If we notice this kind of content, then we will ask you to remove it from our site. If you do not comply in a timely fashion, then we reserve the right to delete the content from your site and/or suspend your site.

    Password

    When you join you will also be asked to choose a password. You are entirely responsible for maintaining the confidentiality of your password. You agree not to use the account, username, or password of another user at any time or to disclose your password to any third party. You agree to notify Le Cordon Bleu International BV immediately if you suspect any unauthorised use of your account or access to your password. You are solely responsible for any and all use of your account.

    Accounts many not be shared

    We do not allow accounts to be shared by users. This is for a variety of reasons, including:

    • Security: It is hard for an organisation to secure an account if more than once user shares the same userid and password. And if an account is reported for inappropriate content, it would be very hard for us to take action against that account because it would no longer be associated with a particular user.
    • Pricing. We charge and are charged for learning management system usage based on the number of user accounts. If a large site allowed all their users to access our site via a few shared accounts, we and our technology partner(s) would not be compensated fairly for the service that we provide.

    E-commerce gateway

    All users engaged in use of the learning management system and/or digital learning solution site e-commerce are also bound by the Stripe Terms of Service (Australia) as outlined and available at: https://stripe.com/au/terms

    Service level

    We use industry best practices to provide a high up-time, including a fault-tolerant architecture hosted in multiple Amazon cloud zones. Since the base learning management system technology was launched in 2009 we are advised there is a 99.95% up-time record. We do not guarantee a particular up-time, and we do not provide any kind of refund for outages.

    Support

    We provide technical support via our online helpdesk forum (helpdesk@mycordonbleu.net). We strive to respond to support requests within one hour during business hours (9am to 5pm AEST), but we do not guarantee a particular response time.

    Ratings & reviews

    You as a user are aware that in providing course or resource ratings and reviews on the Le Cordon Bleu International BV learning management system that you are providing permission for the publishing of this information at Le Cordon Bleu International BV's discretion.

    Bug fixes

    If a critical bug is reported, our technology partner's dedicated engineering resources will fix the bug as soon as commercially possible. Our technology partner prioritises and fixes non-critical bugs at its own discretion.

    Backups

    Our technology partner creates automated on-site and off-site backups of our database. These backups are primarily for the purpose of restoring the production database in the event of a database corruption or other kind of disaster. We provide a trash can feature to allow our users to undo an accidental deletion. If data is deleted due to user error, our support service does not include restoring this data. If data is deleted due to a bug, then our technology partner will try to restore the data if it's commercially feasible.

    Security

    We use industry best practices to protect the privacy and security of your data. If Le Cordon Bleu International BV or our technology partner detects a security breach, we will immediately work to fix the issue as well as alert our users if there is a threat to their content or passwords so that they can take appropriate action such as resetting their passwords.

    Intellectual property rights

    Le Cordon Bleu International BV acknowledges and accepts that it will not, as a result of learning management system usage, acquire any intellectual property rights or any ownership interest in any resource or any resource content provided by resource partners or other users.

    You as a user acknowledge and accept that you will not, as a result of learning management system usage, acquire any intellectual property rights or any ownership interest in the Le Cordon Bleu International BV learning management system. Users agree not to use any of Le Cordon Bleu International BV’s or our technology partner's intellectual property rights (including without limitation, intellectual property rights in the solutions and functionality of the Le Cordon Bleu International BV learning management system or base technology solution) for any purpose other than as generally offered within the learning management system functionality.

    Content is owned or controlled by Le Cordon Bleu or the third party attributed as the Content provider, and its contents should not be copied, circulated, reproduced or customized in any way without the explicit written consent of Le Cordon Bleu. If you have any copyright concerns about the material posted on ENGAGE by anyone, please inform us. You can send a written notice ("Notice") by getting in touch with the Helpdesk at helpdesk@mycordonbleu.net.

    If you believe that your work has been used without your permission in a way which prompts for copyright infringement. Please provide us with the information given below and we will act on it.

    Trademarks

    This learning management system contains trademarks and service marks of Le Cordon Bleu International BV and of the third parties. These marks cannot be used unless explicitly allowed by Le Cordon Bleu International BV. For permission to make use of the Le Cordon Bleu logo or name or any Le Cordon Bleu marks, please get in touch with helpdesk@mycordonbleu.net. Any use of Le Cordon Bleu marks that don't meet with the afore-mentioned approvals is strictly forbidden.

    Disclaimers

    Le Cordon Bleu International BV is not responsible for any incorrect or inaccurate content posted on the learning management system or in connection with the learning management system features, whether caused by users of the learning management system features or by any of the equipment or programming associated with or utilised in the learning management system features. Profiles created and posted by members on the learning management system may contain links to other web sites.

    Le Cordon Bleu International BV is not responsible for the content, accuracy or opinions expressed on such web sites, and such web sites are in no way investigated, monitored or checked for accuracy or completeness by Le Cordon Bleu International BV. Inclusion of any linked web site on the Le Cordon Bleu International BV features does not imply approval or endorsement of the linked web site by Le Cordon Bleu International BV. When you access these third-party sites, you do so at your own risk.

    Le Cordon Bleu International BV takes no responsibility for third party advertisements which are posted on this site or through the site features, nor does it take any responsibility for the goods or services provided by its advertisers. Le Cordon Bleu International BV is not responsible for the conduct, whether online or offline, of any user of the site features.

    Le Cordon Bleu International BV assumes no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorised access to, or alteration of, any user or user communication.

    Le Cordon Bleu International BV is not responsible for any problems or technical malfunction of any telephone network or lines, computer online systems, servers or providers, computer equipment, software, failure of any email or players due to technical problems or traffic congestion on the Internet or on any of the learning management system features or combination thereof, including any injury or damage to users or to any person's computer related to or resulting from participation or downloading materials in connection with the learning management system features.

    Under no circumstances shall Le Cordon Bleu International BV be responsible for any loss or damage, including personal injury or death, resulting from use of the learning management system features, attendance at a Le Cordon Bleu International BV event, from any content posted on or through the learning management system features, or from the conduct of any users of the site features, whether online or offline. The site features are provided "as-is" and as available and Le Cordon Bleu International BV expressly disclaims any warranty of fitness for a particular purpose or non-infringement.

    Le Cordon Bleu International BV cannot guarantee and does not promise any specific results from use of the site features.

    User warrants

    You as a user represent and warrants to Le Cordon Bleu International BV that:

    • you are fully authorised to and have all rights and approvals required to publish, and to authorise Le Cordon Bleu International BV to publish, all resource content you may upload on the Le Cordon Bleu International BV learning management system.
    • Neither any uploaded resources nor the publication of the resource content on the Le Cordon Bleu International BV learning management system infringes, or will infringe, any intellectual property right, any right of confidence or other right of any person or entity.
    • No resource content uploaded is defamatory, discriminatory, obscene, false, misleading or deceptive.
    • All resource content uploaded complies with all applicable laws, regulations and relevant industry codes.
    • All resource content uploaded will be free from external intruders (hackers), virus or worm attack, denial of service attack, or other persons having unauthorised access to the services or systems of Le Cordon Bleu International BV.

    Le Cordon Bleu would use rational efforts to keep the information up to date and to ensure the completeness or accuracy of material available through this learning management system. However, materials available  cannot be guaranteed or promised to be current, correct, or complete, and could include typographical errors or inaccuracies.

    Liability

    In no event shall Le Cordon Bleu International BV be liable to you or any third party for any indirect, consequential, exemplary, incidental, special or punitive damages, including lost profit damages arising from your use of the learning management system, even if Le Cordon Bleu International BV has been advised of the possibility of such damages. Notwithstanding to the contrary contained herein, Le Cordon Bleu International BV liability to you for any cause whatsoever and regardless of the form of the action, will at all times be limited to the amount paid, if any, by you to Le Cordon Bleu International BV for the learning management system features during the term of use.

    Disputes

    If there is any dispute about or involving the learning management system features, you agree that the dispute shall be governed by the laws of The Netherlands, without regard to conflict of law provisions and you agree to exclusive personal jurisdiction and venue in the federal courts of The Netherlands. Either Le Cordon Bleu International BV or you may demand that any dispute between Le Cordon Bleu International BV and you about or involving the learning management system features must be settled by arbitration utilising the dispute resolution procedures of a Le Cordon Bleu International BV appointed arbiter, provided that the foregoing shall not prevent Le Cordon Bleu International BV from seeking injunctive relief in a court of competent jurisdiction.

    Indemnity

    You agree to indemnify and hold Le Cordon Bleu International BV, its subsidiaries, and affiliates, and their respective officers, agents, partners and employees, harmless from any loss, liability, claim, or demand, including reasonable legal fees, made by any third party due to or arising out of your use of the site features in violation of this agreement and/or arising from a breach of this agreement and/or any breach of your representations and warranties set forth above and/or if any content that you post on the site or through the site features causes Le Cordon Bleu International BV to be liable to another.

    Other

    This agreement is accepted upon your use of the learning management system or any of the learning management system features and is further affirmed by you becoming a user. This agreement constitutes the entire agreement between you and Le Cordon Bleu International BV regarding the use of the learning management system features. The failure of Le Cordon Bleu International BV to exercise or enforce any right or provision of this agreement shall not operate as a waiver of such right or provision. The section titles in this agreement are for convenience only and have no legal or contractual effect. This agreement operates to the fullest extent permissible by law. If any provision of this agreement is unlawful, void or unenforceable, that provision is deemed severable from this agreement and does not affect the validity and enforceability of any remaining provisions.