Student Terms and Conditions*

^*These are LBSF Malta’s Terms and Conditions. LSBF Malta and each prospective student will enter into a separate contract in the form of these Terms and Conditions to regulate their relationship between the parties. Every effort is made to provide accurate and up-to-date information on our website and in our brochures. Any information relating to a Programme of Study detailed in our brochure, website, and/or any other marketing medium is deemed correct at the time of writing.

Student Contract (the “Contract”) – In this Contract, the term “LSBF Malta” shall refer to London School of Business and Finance (Malta) Limited (C 88766), a company incorporated under the laws of Malta, and having its registered address situated at Add Level 2, Hard Rocks Business Parks, Burmarrad Road, Naxxar NXR 6345, Malta; and the term “Student” shall refer to that person who shall be entering into a Programme of Study with LSBF Malta. LSBF Malta and the Student are, in this Contract, collectively referred to as the “Parties” and each one a “Party”.

In this Contract:

Words importing the masculine gender shall include also the feminine gender and vice-versa;
The headings and marginal headings to the clauses are for convenience only and have no legal effect; and
Any reference to law, legislative act, and/or other legislation shall mean that particular law, legislative act and/or legislation as in force at the time of issue of this Contract and includes any future amendments and re-enactments.

Introduction

These terms and conditions (“Terms and Conditions”) represent an agreement between LSBF Malta (“us”, “we” or “our”) and the Student for the Study Period. By being accepted in one of our programmes, or by continuing the Programme of Study, the Student accepts these Terms and Conditions in full.

If the Student has any questions or concerns about these Terms and Conditions, they should contact LSBF Malta via email at info@lsbf.edu.mt or via telephone +35620341649 prior to starting the course.

The Programme of Study is provided by LSBF Malta, a Higher Education Institution licensed by the Authority, holding license number 2020-105, which was accredited by the Authority on 30 September 2020, and holds a higher education master’s programme with a total of 90 academic credits.

Where any words are capitalised throughout these Terms and Conditions, they shall have the meanings set out below:

“Authority”	The Malta Further and Higher Education Authority (MFHEA).
“Cancellation Date”	Defined in Clause 12.2 of this Contract.
“Commencement Date”	The date on which the Programme of Study commences as specified in the Programme Specifications.
“Contract”	The agreement between LSBF Malta and the Student in relation to studying a Programme of Study with LSBF Malta. These Terms and Conditions and the regulations policies and procedures referred to in this document form the Contract.
“Cost Sheet”	A list of additional costs which may be incurred by the Student at the initiation of, or throughout a chosen Programme of Study, as well as a point of reference for the Student for the method of calculation of any refund/discount/future payments, as may be applicable, or which may be due in terms of this Contract, which is included under Schedule 2 of this Contract.
“Offer Letter”	A letter issued by LSBF Malta offering the Student a place in their chosen Programme of Study.
“Programme of Study”	The Student’s prospective or registered programme of study with LSBF Malta.
“Programme Specifications”	The details and general information provided by LSBF Malta on the Student’s chosen Programme of Study as available at www.lsbf.edu.mt.
“Student Handbook”	A handbook provided to new and current students with general information on LSBF Malta.
“Study Period”	The period for which the Student’s Programme of Study runs, which may have different entry points throughout this period.
“Terms and Conditions”	The terms and conditions found at www.lsbf.edu.mt, which are to be considered together with the below terms and conditions.
“Tuition Fee”	The total fees due to be paid by the Student to LSBF Malta for the entire Study Period.
“VLE”	The virtual learning environment that provides the Student with access to their Programme of Study materials. This includes any possible LSBF Malta external online platforms.

In addition to these Terms and Conditions, there are other regulations, policies and procedures which apply to the Student’s registration process (or continuing registration) at LSBF Malta. Details of the regulations, policies, and procedures applicable at the time of accepting these Terms and Conditions, are to be found on the LSBF Malta website at lsbf.edu.mt and will also be sent to the Student via email.

It is the Student’s responsibility to read these documents carefully as they, together with these Terms and Conditions, form the Contract between LSBF Malta and the Student. The Student acknowledges that they may be required to accept terms to use an external party’s VLE where their Programme of Study is delivered on a third-party platform.

Programme of Study Details

Please refer to the Offer Letter and the Terms and Conditions for all details regarding the Programme of Study.

Application Form

LSBF Malta shall start assessing application forms once received from the students.

It is the Student’s responsibility to ensure that all of the information provided in their application form is true, accurate, and complete.

If it is discovered that the Student’s application form contains incorrect or fraudulent information or if it is found that key information was omitted from the application form, LSBF Malta may withdraw or vary the Student’s acceptance into the Programme of Study. If such information is discovered after the Student has been registered or after their graduation, LSBF Malta reserves the right to terminate the registration without compensation and may revoke any subsequent awards.

Evidence of Qualifications

When submitting the application form, the Student shall provide scanned copies of any transcripts, certificates and/or other documents as may be required to register to one of LSBF Malta’s Programmes of Study.

Any submitted document shall be subject to verification by LSBF Malta.

LSBF Malta presumes that all applications are made in good faith and that all documents and information provided throughout the application process are authentic, true, and correct. Should any document be found to be fraudulent, or any information proved to be misleading, LSBF Malta reserves the right to take any necessary action against the Student. Where any document is found to be fraudulent or any information is considered to be misleading, any fees which have been paid by the Student to LSBF Malta shall not be refunded.

Admissions Process

Where the Student meets all the academic requirements and any other applicable requirements for admission upon making their application with LSBF Malta, they will receive via email a Letter of Acceptance into the Programme of Study. In order to accept and confirm their place in the course, the Student has to make an initial payment of the Tuition Fee (if applicable).

Students who apply for a Programme of Study but do not meet the entry requirements or do not provide all requested documents, will receive a Letter of Non-Acceptance from the admissions team once the relevant student intake period has closed. The details for their non-acceptance will be communicated.

Changes to the Programme of Study

All Programmes of Study, modules, ancillary services, and other offers provided by LSBF Malta are subject to change and can vary from time to time. LSBF Malta reserves the right to change the programme content and schedule, and shall do its utmost to ensure that the Student is notified of any changes that may affect them.

All Programmes of Study and offers are subject to availability. In the event that the selected Programmes of Study and/or modules are postponed, closed, or do not run, a suitable alternative will be provided to the Student out of the programmes and modules offered by LSBF Malta.

Without prejudice to Clause 16 (LSBF Malta Default Clause), LSBF Malta reserves the right not to run any particular Programme of Study or module should the minimum number of student enrolments not be met.

Fees of the Programmes of Study, ancillary services and any offers posted online are subject to change without notice. Any changes to applicable fees of the Programmes of Study will not affect the Student where the Student has already effected payment for the same.

Accuracy of Virtual and Printed Material

Every effort is made to provide accurate and up-to-date information on our website and in our brochures. Any information relating to a Programme of Study detailed in our brochure, website, and/or any other marketing medium is deemed correct at the time of writing. However, regrettably, changes and errors do occasionally occur. We cannot accept liability for errors that become apparent or occur after this material has been produced.

Studying on a Programme of Study

As from the Commencement Date, LSBF Malta binds itself to:

Deliver the Programme of Study with utmost care and skill in accordance with the accredited Programme Specifications and other relevant approved documentation;
Provide the Student the teaching, assessment, and other educational services for which the student is enrolled, in accordance with the terms of this Contract;
Guarantee the Student’s rights, including the right to obtain assessment results and appropriate feedback upon the Student having completed all of the necessary assessment requirements for the Programme of Study or any parts thereof; and
Handle any issues in relation to appeals by the Student, regarding a result issued to the Student for any examination/assessment, which the Student sits or provides, in accordance with the Student Handbook.

The Student binds themself to:

Use all efforts to fulfil the academic requirements of their Programme of Study in accordance with the terms of the Contract, including ensuring that all of the work that they submit is entirely their own;
Ensure that they have appropriate access to a computer, internet connection, and any related requirement in line with the technical specifications of the Programme of Study;
Provide LSBF Malta with all of the academic and personal information, as required for applications, admissions, registration and/or enrolment;
Inform LSBF Malta of any changes and/or updates to their academic or personal information that was provided at admission, registration or enrolment stage, as soon as is reasonably possible;
Fulfil the academic requirements of the Programme of Study they are following, including but not limited to participating in lectures/tutorials or other guided learning activities, submitting coursework/assignments within the stipulated time, participating in course-related activities, and adequately preparing for and sitting examinations/assessments;
Abide by LSBF Malta’s rules and policies as described in the Student Handbook; and
Inform LSBF Malta about any change in their contact details, including the residential address and telephone number in Malta (if any), as well as a contact address overseas following the completion of their studies.

The Student acknowledges the fact that there is no automatic EU-wide recognition of academic qualifications/awards. Such recognition may require one or more national procedures and, as such, is not within the authority and/or powers of LSBF Malta.

The Student recognises and accepts that any national procedures for recognition of qualifications are their sole responsibility, as is the responsibility to check the position and/or national requirements regarding such recognitions in other countries outside of Malta.

Tuition Fees

The Student agrees to pay all fees required for their Programme of Study before the Commencement Date. This consists of the Tuition Fee and any applicable charges associated with their Programme of Study. Where the Student has entered into an instalment plan in accordance with Clause 6, the Student shall forthwith commence their chosen Programme of Study.

Once the Student has received the Letter of Acceptance for their respective Programme of Study, they are required to pay their Tuition Fee. Where the Student enters into an instalment plan, the Student shall submit the instalment plan as agreed between the Student and LSBF Malta, together with a deposit as stipulated in Clause 9.6.

The Student may only commence the Programme of Study where they have paid the Tuition Fees or once the Student has entered into and submitted the agreed agreement for an instalment plan, and paid the deposit in accordance with Clause 9.6.

Where the Student submits a request for prior-learning recognition, and therefore a credit transfer, and provided that such request is accepted by LSBF Malta, a discount shall be applied to the Tuition Fees in accordance with the Cost Sheet.

Unless the Student has elected to pay their Tuition Fee in instalments pursuant to Clause 6, if the Tuition Fee is not paid by the Student in full by the Commencement Date, LSBF Malta will not release the applicable Programme of Study materials to the Student, including but not limited to, through the VLE.

As regards the recognition of prior learning (“RPL”) process, the Student can find the RPL policy on our website at lsbf.edu.mt and its cost is not included in the Tuition Fee.

The Student will be requested to pay any fees via bank transfer to the following LSBF Malta’s bank account:

Account name : Main
Currency : EUR

Type	Local
IBAN	LT353250073102931417
BIC	REVOLT21

Type	International
IBAN	LT353250073102931417
BIC	REVOLT21
Intermediary BIC	CHASDEFX

LSBF Malta grants students the option to pay the Tuition Fee through an instalment payment plan. If the Student wishes to adopt the instalment payment plan, the Student is to contact the educational consultant that has been assigned to the Student. The Student and LSBF Malta will then enter into an agreed instalment plan. The Student shall also be required to pay a deposit upon application for the Programme of Study, whereby such deposit shall amount to 1/6 (one sixth) of the Tuition Fee.

The Student may incur other additional fees in addition to the Tuition Fee for their chosen Programme of Study. Such additional fees which include (but are not limited to), current exemption fees and retake fees, are to be determined in accordance with the Cost Sheet, which is attached herewith as Schedule 2.

Payment of Fees by Third Parties

Should all or part of the fees be paid by/through third parties, the Student remains liable for the payment of such fees in all respects including (without limitation) the consequences of non-payment, late payment or failed payment by the third party.

Unpaid Fees

Without prejudice to LSBF Malta’s right to terminate this Contract under Clause 17 (Student Default Clause), until all outstanding Tuition Fees are paid to LSBF Malta, we reserve the right at any time during the Study Period to suspend or withhold all education-related services and facilities (including assessment entry, VLE services, and provision of student support).

Before exercising its rights under Clause 1, LSBF Malta shall endeavour to give the Student reasonable notice of its intentions.

If the Student is in debt with LSBF Malta for the Tuition Fees, the Student may not be allowed to sit and/or submit formal assessments, and LSBF Malta reserves the right not to allow the Student to register for the next Study Period or the next study session.

If the Student is in the final stage of their Programme of Study, LSBF Malta will not release their certificate, or a letter of confirmation of award, until all outstanding fees in relation to Programme of Study have been paid. In order for the Student to be able to attend the graduation ceremony, the Student’s Tuition Fees must be paid in full.

Cancellation and Refund Procedure

As the Student is entering into this Contract remotely (i.e. there has been no face-to-face contact between LSBF Malta and the Student at the time of registration), the Student has a cooling off period in which they may cancel this Contract without giving any reasons by not later than 14 (fourteen) days from the day of their application for the Programme of Study (the "Cancellation Period").

To cancel the Contract within the Cancellation Period, the Student must clearly inform LSBF Malta of their decision by sending an email to refunds@lsbf.edu.mt. The Student may use the withdrawal form included in Annex A below to cancel the Contract within the Cancellation Period. The date LSBF Malta receives the notice, shall hereinafter be referred to as the “Cancellation Date”.

If the Student has made any payment, or any payment has been made on their behalf under this Contract before the Cancellation Date, then LSBF Malta will provide the Student with a full refund of such payment as soon as reasonably possible.

Where the Student has received any physical materials during the Cancellation Period, they will have to bear the direct cost of returning these materials to LSBF Malta in case of cancellation as envisaged in Clauses 1 and 12.2 above. Where the Student has received any licensed digital materials, these should not be accessed without specific instruction from the student support staff. Where the Student fails to return the physical materials to LSBF Malta or accesses the licensed digital materials without specific instruction, LSBF Malta will deduct the cost of the physical materials and/or the licensed digital materials (as applicable) from the payments made by the Student to the LSBF Malta, prior to making the refund to the Student.

LSBF Malta may make a deduction from any refund due to the Student for loss in value of any materials supplied, if the loss in value is the result of unnecessary handling by the Student.

Without prejudice to Clauses 16 (LSBF Malta Default Clause) and 17 (Student Default Clause), any cancellations of, or refunds for, Programmes of Study other than in accordance with the Cancellation Period referred to above, will be in accordance with Clauses 18 (Termination) and 19 (Consequences of Termination).

The calculations of any refunds due in terms of this Contract shall, upon approval by the LSBF Malta refund team, be established and carried out in accordance with the methods of calculations stipulated in the Cost Sheet.

The Tuition Fee will only be refunded in full if the Student’s application is rejected by LSBF Malta prior to the Commencement Date.

Refunds will only be made via bank transfer to bank accounts where the initial payments were made from.

This Contract shall not deny the Student a right to take further action under the Consumer Affairs Act (Chapter 378 of the Laws of Malta).

Leave of Absence

The Student may be granted leave of absence (hereinafter referred to as the “LoA”) in accordance with the requirements set out in this Contract.

The Student shall inform LSBF Malta in writing of their intention to take a LoA and the desired period of time of such LoA. The LoA shall not exceed the total Registration Period of 36 months. For the avoidance of doubt, when calculating the LoA, the total Registration Period of 36 months is to commence on the Commencement Date and take into consideration the entire period for the completion of the Programme of Study.

For the duration of the LoA, the Student shall remain registered as a Student with LSBF Malta, retaining access to previous resources on the learning platform. However, the Student shall not be permitted to participate in any classes and assessments during the LoA.

Where the Student continues the Programme of Study after the LoA, they shall be required to complete such Programme of Study within 36 calendar months from the Commencement Date of the Programme of Study (such period of time shall be referred to as the “Registration Period”).

Where the Student has failed to complete the Programme of Study within the Registration Period, this Contract shall be automatically terminated and LSBF Malta shall not hold any further obligations in favour of the Student and shall be entitled to retain any Tuition Fees which have already been paid by the Student.

Where the Student fails to return from the LoA within 14 (fourteen) calendar days of their expected date of return, they will be considered to have withdrawn and will be de-registered from their course. In this case, LSBF Malta shall not hold any further obligations in favour of the Student and shall be entitled to retain any Tuition Fees, which have already been paid by the Student.

Where the Student has failed to complete the Programme of Study within the Registration Period but wishes to re-apply for such Programme of Study, the Student may re-register for the Programme of Study. For the avoidance of doubt, the re-registration for the Programme of Study is subject to a payment of GBP 750 (seven hundred and fifty British pounds sterling), together with any Tuition Fees which may be due to LSBF Malta.

LSBF Malta may, at its sole discretion, extend the Registration Period on a case-by-case basis, provided that, any such extension to the Registration Period shall be set out in writing by LSBF Malta.

Force Majeure

LSBF Malta will not accept liability, or pay any compensation where the performance, or prompt performance of LSBF Malta’s contractual obligation is prevented, or affected, or the Student otherwise suffers any loss, or damage, due to circumstances that come under the definition of Force Majeure.

In this Contract, “Force Majeure” means any event that LSBF Malta could not foresee, or avoid, even with all due care. Such events include, but are not limited to war, the threat of war, insurrection, riots, strikes, civil action decisions by governments or governing authorities, natural disaster, technical or maintenance problems with the transport, criminal and terrorist acts or similar circumstances beyond LSBF Malta’s control, epidemics or pandemics, public health issues or quarantine or threats of public health issues, substantial currency fluctuations, strikes, government restrictions, fire or severe weather conditions, or any other reason that makes it impossible or commercially unreasonable for LSBF Malta, in the sole opinion of LSBF Malta, to conduct the program as originally contracted.

Modifications, delay in performance, or cancellations by LSBF Malta for causes described in this Clause 14 (Force Majeure) shall not be a violation of any LSBF Malta’s obligations to the Student.

Disciplinary Offences

In instances of misconduct by the Student (including, but not limited to, disruptive online behaviour), LSBF Malta may take disciplinary action as described in the “Student Behaviour and Academic Dishonesty” section of the Student Handbook. One of the possible outcomes of such an action is that the Student’s Contract with LSBF Malta may be terminated. Consequently, the Student would not be entitled to any refund of fees.

LSBF Malta Default Clause

LSBF Malta shall be deemed to be in default of this Contract in any of the below circumstances:
- The Programme of Study does not start on either one of the following days:
  - the Commencement Date established between LSBF Malta and the Student; or
  - where there has been a delay on the Commencement Date, that day agreed between LSBF Malta and the Student, once all of the students have been duly informed of the delayed start and provided with valid reasons for such delayed start;
- the Programme of Study ceases to be provided at any time after it starts but before it is completed;
- the Programme of Study is not provided to the Student, according to local or foreign licensing and accreditation terms and conditions, due to a condition or restriction imposed on LSBF Malta by the Authority in accordance with the Further And Higher Education (Licensing, Accreditation and Quality Assurance) Regulations, Subsidiary Legislation S.L.607.03 or due to the revocation, by the Authority, of applicable license or accreditation in accordance to S.L.607.03, provided that, where the intending student or the Student has withdrawn from the Programme of Study before the day on which such circumstances arise, LSBF Malta shall not be deemed to be in default; or
- LSBF Malta fails to issue all examination and other assessment results to the Student upon the Student having completed all of the necessary assessment requirements of the Programme of Study or parts thereof.

Student Default Clause

The Student shall be deemed to be in default of this Contract in any of the below circumstances:
- The Student withdraws from the Programme of Study after the Cancellation Period, either before or after the agreed starting day;
- The Student, not having previously withdrawn from the Programme of Study, fails to start the Programme of Study on the Commencement Date or where there has been a delay on the Commencement Date, that day agreed between LSBF Malta and the Student, once all of the students have been duly informed of the delayed start and provided with valid reasons for such delayed start;
- The Student fails to settle any fees they were directly or indirectly liable to pay to LSBF Malta in order to undertake the Programme of Study; or
- The Student breaches any condition of their student visa.

Termination

This Contract can be terminated by the Student at the end of each Study Period without giving reasons, subject to a notice period of six (6) weeks prior to the commencement of the next Study Period. Notice of termination must be given in writing to LSBF Malta.

Subject to Clauses 3 and 18.4, this Contract can be terminated by either Party by simple notification in writing to the other Party, with immediate effect and without giving notice in advance, if there is an extraordinary reason for termination.

From LSBF Malta’s point of view, an extraordinary reason for termination includes:
- The Student being found to have engaged in plagiarism;
- The Student being found guilty of cheating at an exam, an assignment or an assessment;
- The Student’s login credentials and course materials have been deliberately and without authority passed on to third parties by the Student; or
- The Student seriously placing the reputation of LSBF Malta at risk.

From the Student’s point of view, an extraordinary reason for termination includes:
- it being permanently impossible for the Student to continue their studies as a result of illness or an accident, provided that such impossibility shall be evidenced by a medical certificate; or
- the Programme of Study being unilaterally amended in any way by LSBF Malta, without LSBF Malta giving the Student prior notice and a valid reason for such amendments.

This Contract is automatically terminated, without the need of either Party to give notice to the other Party, if:
- The Student fails to pass the last permitted repetition of an assessment in accordance with the Terms and Conditions;
- LSBF Malta is in default of Clause 16 (LSBF Malta Default Clause) of this Contract; or
- The Student is in default of Clause 17 (Student Default Clause) of this Contract.

The Student may otherwise terminate this Contract at any time other than the circumstances stipulated in clauses 18.1 to 18.5 of this Contract, by giving LSBF Malta prior written notice of at least three (3) weeks. Such notice is to include the reason for the termination of the Contract.

Consequences of Termination

If this Contract is terminated by LSBF Malta pursuant to Clause 3, Clause 18.5(a) or Clause 18.5(c), LSBF Malta is entitled to claim from the Student an amount equivalent to the amount of the fees due for the remainder of the Study Period during which the termination occurs. For the avoidance of doubt, where the Contract is terminated pursuant to Clause 18.5(a) or Clause 18.5(c), the Student shall not be eligible for a refund of the Tuition Fee and any other expenses which would have been paid by the Student up to that day.

If this Contract is terminated by the Student pursuant to Clause 2 of this Contract, the Student is entitled to a refund of the Tuition Fee already paid by the Student to LSBF Malta for upcoming modules which have not yet commenced.

If this Contract is terminated by the Student pursuant to Clause 5(b), the Student shall be provided with a refund of the Tuition Fee for the Programme of Study not yet started, as well as travel and accommodation expenses, incurred for the purposes of studying in Malta, applicable as from the date of termination of this Contract. Provided that, this Clause 19.3 shall be without prejudice to the Student’s right to seek further legal action with respect to LSBF Malta’s breach of this Contract.

If this Contract is terminated pursuant to Clause 1, LSBF Malta shall be entitled to retain the fees already paid by the Student for the Study Period during which the termination notice is given. For the avoidance of doubt, this termination would not waive the Student’s payment obligations relating to any fees yet unpaid for the Study Period during which the termination notice is given.

If this Contract is terminated pursuant to Clause 6, LSBF Malta shall be entitled to retain that portion of the Tuition Fee, commensurate to the portion of the Programme of Study that is consumed by the Student until the end of the three-week notice period, which is already paid by the Student for the Study Period during which the termination notice is given. With respect to the remaining portion of the Tuition Fee, commensurate to the part of the Programme of Study not consumed by the Student, LSBF Malta shall refund the Student such portion of the Tuition Fee paid by the Student prior to termination of this Contract pursuant to Clause 18.6 as LSBF Malta may deem appropriate on a case by case basis.

Any refunds under this Clause 19 (Consequences of Termination), resulting from the termination of this Contract, shall be processed in accordance with the refund policy set-out in Annex B below.

In the event of termination for whatever reason, the following provisions shall survive termination:
- Clause 9 (Tuition Fees);
- Clause 19 (Consequences of Termination);
- Clause 21 (Intellectual Property);
- Clause 22 (Dispute Resolution); and
- Clause 23 (General).

Data Protection

The Student’s application data will form part of their student record. By entering into the Contract with LSBF Malta, the Student agrees to LSBF Malta holding and processing the Student’s personal data, including some special category personal data. LSBF Malta will process the Student’s personal data in accordance with the provisions of the attached Schedule 1 (Data Protection Schedule), LSBF Malta’s Data Protection Policy and LSBF Malta’s Student Privacy Notice.

In accordance with art 5 of the Further and Higher Education Act (CAP 607 Laws of Malta) and without prejudice to the data protection provision established by virtue of Regulation (EU) 2016/679 (The General Data Protection Regulation – GDPR), LSBF Malta shall grant access to the Authority to the information collected through this Contract. The data shall be transmitted to the Authority within a reasonable time from when it was requested and shall be used by the Authority in pursuance of its functions.

The Student agrees that LSBF Malta’s Data Protection Policy and Student Privacy Notice, which can be found here, apply to the Student’s application and throughout the Student’s registration with LSBF Malta.

Intellectual Property

Any materials (whether in machine readable format (including but not limited to those which may be stored in a digital or an analogue format on any type of storage media or which are written down, recorded, fixed or otherwise reduced to material form) made available, distributed, communicated, broadcast, rented or lent to the Student by LSBF Malta (the “Course Materials”), which are subject to protection under Chapter 415 of the Laws of Malta or under its subsidiary legislation (“Cap. 415") may not be used by the Student without the explicit written consent of LSBF Malta or for purposes which have not been expressly permitted by LSBF Malta. This is without prejudice to any exceptions and/or limitations to copyright, neighbouring rights or sui generis rights, as may be available to the Student in relation to the Course Materials under Cap. 415, such as the right of reproduction for private use or for the purposes of quotation. For the avoidance of doubt, the Student is expressly prohibited from, inter alia, making the Course Materials available to the public or communicating the Course Materials to the public on any medium, including via the internet.
The Student hereby grants unto LSBF Malta in relation to any and all works created and/or developed by the Student (whether alone or jointly), during the course of and/or in pursuance of this Contract (hereinafter the “Student Works”) a gratuitous, perpetual, non-exclusive, world-wide licence to:
- reproduce the Student Works by any means and in any form (whether directly or indirectly, temporarily or permanently, in whole or in part);
- rent or lend the Student Works;
- distribute copies of the Student Works;
- display the Student Works to the public;
- communicate the Student Works to the public on any medium, including on the internet or via LSBF Malta’s website;
- make the Student Works available to the public on any medium, including on the internet or via LSBF Malta’s website; and
- adapt, arrange or otherwise alter the Student Works, including the right to convert the Student Works into a different electronic file format, and to reproduce, distribute, communicate, display or make the results of such adaptation, arrangement or other alteration available to the public.

The Student further agrees that the rights granted unto LSBF Malta in relation to the Student Works under the preceding clause, may be further sub-licensed by LSBF Malta unto third parties for academic and/or educational purposes.
The Student hereby expressly waives any right of action it may have against LSBF Malta and/or its sub-licensees, as available by virtue of any moral right arising under Cap. 415 (including the right of paternity and the right of integrity) that the Student may have in relation to the Student Works.
The Student shall indemnify and hold LSBF Malta harmless from all claims and all direct, indirect or consequential liabilities, costs, proceedings, damages and expenses awarded against, or incurred or paid by, LSBF Malta as a result of or in connection with any alleged or actual infringement, whether or not under Cap. 415, of any third party’s intellectual property right or other rights, arising out of the use of the Student Works. The Student shall furthermore provide LSBF Malta with all such reasonable assistance as LSBF Malta may request, to enable LSBF Malta to resist any action, claim or proceedings brought against LSBF Malta in connection with its use of the Student Works as contemplated under this Contract.

Dispute Resolution

The Parties shall negotiate in good faith any issue which may arise in an effort to bring about an amicable solution to a particular dispute.
Any dispute, controversy or claim arising out of or in relation to this Contract, that cannot be settled amicably between the Parties, shall, unless otherwise agreed in writing, be finally settled by arbitration in accordance with the provisions of Part IV (Domestic Arbitration) of the Arbitration Act (Cap. 387 of the Laws of Malta) and the Arbitration Rules made thereunder, as in force on the date of commencement of the relevant dispute (such commencement to be established in accordance with such Rules). The arbitral proceedings shall be conducted in the English language.
Clauses 22.1 and 22.2 shall not operate so as to prevent the Parties from seeking other legal remedies available in terms of the Laws of Malta.

General

In the unlikely event that the provisions of these Terms and Conditions conflict with the provisions in the Student Handbook, the provisions of these Terms and Conditions shall prevail.
Each of the clauses in these Terms and Conditions operates separately. If a clause is declared inapplicable and/or unlawful, the remaining clauses will remain in full force and effect.
This Contract constitutes the entire agreement between the Student and LSBF Malta. All previous agreements, arrangements and understandings between the Student and LSBF Malta related to their admission on to a Programme of Study whether written or oral, shall have no legal effect unless expressly set out in this Contract.
Any waiver, relating to the default of this Contract by the Student, shall only be valid when put in writing by LSBF Malta.
These are the terms of the Contract between the Student and LSBF Malta. No other persons shall have any rights to enforce any terms of this Contract.
If the Student qualifies as a consumer domiciled in a European Union member state, jurisdiction shall be determined in accordance with the provisions of Regulation (EU) No 1215/2012 of the European Parliament and of the Council of 12 December 2012 on jurisdiction and the recognition and enforcement of judgments in civil and commercial matters, or any other legislative measure which may replace the said Regulation from time to time.
If the Student does not qualify as a consumer domiciled in a European Union member state, all disputes or claims arising out of or relating to this Contract shall be subject to the exclusive jurisdiction of the Maltese courts to which the Parties irrevocably submit.
This Contract shall be governed and construed in accordance with Maltese law, saving, where applicable, the provisions of Article 6(2) of Regulation (EC) No 593/2008 of the European Parliament and of the Council of 17 June 2008 on the law applicable to contractual obligations (Rome I), or any other legislative measure which may replace the said Regulation from time to time.

Annex A

Model withdrawal form

To: London School of Business and Finance (Malta) Limited

Postal address: [insert]

E-mail address: [insert]

I hereby give notice that I withdraw from my contract for the provision of the following services:

Concluded/received on:

Name of Student:

Address of Student:

Signature of Student (only if this form is notified on paper):

Date:

Annex B

Refund Policy

The cases in which the Student is entitled to a (partial) refund of the Tuition Fee are regulated by Clause 19 (Consequences of Termination) of the Contract.

A refund needs to be requested by the Student in writing to refunds@lsbf.edu.mt. For the avoidance of doubt, communications via email are deemed to be communications in writing.

In this request, the Student should outline the reason leading to the claim for a refund. If such a claim is in relation to one of the clauses of the Contract, a reference to the clause should be made.

Refunds will only be made via bank transfer to bank accounts where the initial payments were made from unless otherwise specified by the Student.

LSBF Malta will acknowledge receipt of the refund request to the Student in writing within seven (7) days. The refund amount, if any, becomes due sixty (60) days after the acknowledgement of receipt of the refund request has been communicated by LSBF Malta to the Student.

This Policy is without prejudice to any rights available to the Student in terms of the Consumer Affairs Act Chapter 378 of the Laws of Malta, and any legislation enacted thereunder.

SCHEDULE 1 – DATA PROTECTION SCHEDULE

In this schedule, the following definitions shall apply:
- "Controller", "Personal Data", "Processing" and “Processor” shall have the meanings set out in the Data Protection Act 2018 Chapter 586 of the Laws of Malta) and the Regulations (at present 8 in number) (the “DPA”), and Regulation (EU) 2016/679 (The General Data Protection Regulation – GDPR) and "Process“ and "Processed" shall be construed accordingly.
- "Data Protection Laws" means all legislation and regulatory requirements in force from time to time in the EU relating to the processing of personal data and the privacy of electronic communications, including Regulation (EU) 2016/679 (The General Data Protection Regulation – GDPR) (as amended), (i) Data Protection Act 2018 (Act) (Chapter 586 of the Laws of Malta) and the Regulations (at present 8 in number) and (ii) any successor EU legislation, as well as the guidance and codes of practice issued by the European Commission, The Information and Data Protection Commissioner, or other relevant regulatory authority and applicable to a Party.
- "Special Category Data" shall mean Personal Data that reveals such categories of data as are listed in Article 9(1) of the GDPR, namely racial or ethnic origin, political opinions, religious or philosophical beliefs, trade union membership, health or sex life and sexual orientation, genetic data and biometric data which is processed to uniquely identify a person.
- "Standard Contractual Clauses" means as applicable:
  - the standard contractual clauses approved by the European Commission for the transfer of Personal Data to third countries issued by the European Commission Decision of 4 June 2021, as amended, varied, supplemented or substituted from time to time, as applicable in respect of transfers of Personal Data from Controllers or Processors in the EEA to Controllers or Processors in Restricted Countries; and
  - the addendum approved by the Information and Data Protection Commissioner as amended, varied, supplemented or substituted from time to time.

LSBF Malta collects, holds and Processes Personal Data about all applicants to LSBF Malta and all students at LSBF Malta. LSBF Malta uses Personal Data provided by applicants or third parties acting for the applicant and/or students (including Personal Data from application forms) for the following purposes (the "Authorised Purposes"):

- to administer applications and admissions processes and procedures and attendance records after admission;
- to deliver and facilitate your programme of study and provide you with teaching, research and educational services and support;
- to monitor your performance and attendance;
- to enable effective communication with you including without limitation, providing you with information relating to LSBF Malta’s services and products, funding and/or sponsorship opportunities;
- to identify ways to enhance learning, teaching, assessment and the broader student experience;
- to provide you with and manage your use of LSBF Malta facilities and services and your participation at events;
- to operate LSBF Malta’s security, disciplinary, complaint and quality assurance processes and arrangements;
- to administer the financial aspects of our relationship with you and any funders including processing any payments made by you to LSBF Malta;
- for legal, personnel, administrative and management purposes including the processing of any Special Category Data which may include information about your physical or mental health or condition in order to provide access arrangements, monitor fitness for study (or where applicable, fitness to practice), leave from study, welfare and extenuating circumstances and/or other uses as may be required by law;
- to compile statistical and personal returns which LSBF Malta may be required to publish or pass to government bodies or the Authority);
- for research, archiving and statistical purposes;
- to deliver and facilitate our alumni relationship with you and to provide you with communications relating to the same; and
- for such further purposes as specified in and in accordance with LSBF Malta’s Data Protection Policy and the applicable Privacy Notice.

LSBF Malta may share your Personal Data with:

- third parties that process data on LSBF Malta’s behalf to support LSBF Malta in fulfilling its obligations and responsibilities to and relationship with you under these terms and conditions or where required by law to do so. These include but are not limited to third parties who provide IT support, organisations operating antiplagiarism software on our behalf, third parties who provide apps related to our VLE, external auditors, third parties who conduct student survey, Insurance brokers, insurers and other related third parties;
- credit reference agencies or other credit assessment, debt tracing or fraud prevention organisations to support credit scoring, credit assessment, debt tracing or fraud and money-laundering prevention;
- third parties to whom LSBF Malta is under a duty to disclose or share your Personal Data in order to comply with any legal or regulatory obligation, and to protect LSBF Malta’s rights, property, or the safety of our employees, students, or others;
- third parties that request data from LSBF Malta in order to support or fulfil the third parties' obligations or responsibilities in relation to a contractual relationship with you, for example, a third party sponsor or employer; and
- third parties to whom LSBF Malta reasonably considers the disclosure of your Personal Data will assist in relation to the protection of your physical, mental or emotional wellbeing.

LSBF Malta will only process your Personal Data (including Special Category Data) in accordance with the Authorised Purposes, LSBF Malta’s Data Protection Policy and the applicable Privacy Notice and otherwise as permitted by the Data Protection Laws.

In certain circumstances, it may be necessary to transfer your Personal Data (including Special Category Data) outside the EEA. In respect of such transfers, LSBF Malta shall:

- comply with its obligations under the Data Protection Laws; and
- take reasonable steps to ensure an adequate level of protection for all Personal Data (including Special Category Data) transferred outside the EEA including, where appropriate, entering into the Standard Contractual Clauses with the subcontractor approved by LSBF Malta to which Personal Data is transferred.

You must ensure that you are fully aware of LSBF Malta’s policies relating to data protection and data security, including LSBF Malta’s Data Protection Policy and applicable Privacy Notice and you agree that you shall comply with the above policies and any other policy introduced by LSBF Malta from time to time to comply with the Data Protection Laws.

LSBF Malta takes the protection of your Personal Data seriously. It is necessary for LSBF Malta to protect its interests by monitoring computer usage and all communications on its networks (including office telephone networks, mobile telephones usage, social media and email systems). LSBF Malta collects information on all internet user accounts, social media, email activity and call details and this information is periodically reviewed by authorised staff to ensure compliance with LSBF Malta’s policies and to detect any unauthorised use of LSBF Malta’s IT infrastructure and systems.