Y-DATA Terms and Conditions

ADC Tech Y-Data Program Terms and Conditions
1. Definitions and Interpretation

In these Conditions, the following terms have the following respective meanings:

a. “Acceptance Notice” means a written notice provided to the Student by ADC Tech via e-mail or any other electronic means of communication, explicitly indicating that the Student has been accepted to the specific Program. ADC Tech may decide at its sole discretion whether to accept a Student to a specific Program.

b. “ADC Tech” means ADC Tech Ltd., Reg. no. 514679224, a company incorporated under the laws of Israel, with its offices at Yigal Alon 94, Tel Aviv.

c. “Application Form” – a registration form that the Student fills in order to apply to the relevant Program.

d. “Conditions” means these Terms and Conditions.

e. “Program” means a training program provided by ADC Tech as part of the Y-Data: ADC Tech School of Data Analysis. More details on Y-Data can be found on https://ydata.co.il.

f. “Program Fee” means the fee payable by the Student in consideration for the Program, as more fully set forth in Section 5 below.

g. “Program Location” means any premises used by ADC Tech to deliver the Program.

h. “Program Materials” means educational materials, of any kind and in any form (written, oral or other), provided by ADC Tech or the Personnel to the Student for the purposes of delivering the Program and prepared by ADC Tech or members of the Personnel.

i. “Enrollment” means cumulative action which includes Student’s registration to the Program and acceptance of the Conditions, ADC Tech’ approval of the Student’s participation in the Program and actual payment of the Program Fee following the receipt of an Acceptance Notice.

j. “Interview” means an interview of the Student (to be conducted subject to Student successfully passing the Online Test) via videoconference, teleconference or in person by designated ADC Tech personnel in order to evaluate Student’s eligibility to participate in the Program.

k. “Online Test” means the task provided to the Student by ADC Tech using an online platform, which the Student must pass in order to be eligible for participation in the Program.

l. “Personnel” means the teachers, tutors and lecturers that are engaged by ADC Tech for the purpose of teaching and providing certain content to the Students as part of the Program.

m. “Practical Training” – an opportunity to be exposed to real industry projects from leading technology companies and apply the knowledge acquired during the Program in practice.

n. “Industry Projects” means the technological projects in which the Student may be engaged for training purposes during the Program in conjunction with experts from companies unaffiliated with ADC Tech.

o. “Student” means an individual person who has been enrolled or made application for Enrollment to the specific Program.

p. “Website” means the website https://ydata.co.il or any other website ADC Tech may designate.

2. Application of the Conditions

1. The Program will be provided by ADC Tech to the Student according to and subject to the Conditions.

2. These Conditions shall apply and shall be in force and effect upon indication of acceptance by ticking the box entitled ‘I have read and understood the terms and conditions’. These Conditions shall not be terminated except as specifically set forth herein.

3. Enrollment

1. The Enrollment to the Program is subject to the Student receiving an Acceptance Notice, which ADC Tech will send only to the Students who have successfully passed the Online Test and Interview after filling in with correct and complete details, the Application Form.

2. Once the Enrollment of the Student to the Program has been completed and the Program Fee paid, ADC Tech shall not be liable to make any refund to the Student if the Student at any time withdraws from the Program, except as specifically provided herein.

3. The Enrollment to the Program is personal to the Student and the right to participate in the Program is non-transferrable.

4. The Program

1. The Program is not an academic Program, and ADC Tech is not affiliated with any Israeli or other university or higher education institute.

2. ADC Tech is not authorized to grant any degree by the Council for Higher Education and ADC Tech does not intend to apply for such authorization.

3. The Program and all of the Program Materials will be provided in English.

4. The Program’s timeline and timetable will be provided by ADC Tech prior to the commencement of the Program, and any changes to such timeline will be provided to Student by ADC Tech during the Program.

5. While ADC Tech will use reasonable efforts to ensure that dates, time, staff and locations of any Program will not be changed, it reserves the right to change any date, time, staff and location of any Program, due to any reason, at its sole discretion.

6. ADC Tech may change the nature and content of any Program or of any Program Materials from time to time at its sole discretion.

7. Within the scope of the Program, ADC Tech may provide the Student with practical training opportunities and an opportunity to participate in various Industry Projects. ADC Tech is not affiliated with the companies providing the Practical Training and Projects. ADC Tech shall have no partnership, joint venture, employer-employee, agency, or franchisor-franchisee relationship with them as a result of such Practical Training. ADC Tech shall have no responsibility whatsoever in relation to any conflict that may arise between the Student and the companies which provide such Practical Training. The Students shall not receive any compensation, remuneration or other benefits in connection with such Practical Training or participation in any of the Industry Projects.

8. Attendance of the Student in no less than 80% of the meetings and classes of the Program is mandatory; non-participation in more than 20% of the classes is allowed only due to urgent personal matters and subject to an advance notice by the Student and is conditional on approval by ADC Tech. ADC Tech retains the right to refuse such requests at its sole discretion. Mandatory attendance for each individual course requires that no more than 2 classes of a given course can be missed, and with a total of no more that 20% total misses, online attendance of livestreamed lectures is allowed.

5. Program Fees, Invoicing and Payment

1. The Program Fee is the fee for the Program, is, as of the date these Conditions were last updated NIS 29,000 (or 24,000 NIS for the track without industry project).

2. The Program Fee is, unless explicitly stated otherwise, inclusive of VAT, if applicable.

3. The Program Fee covers the provision of the Program and the Program Materials only.

4. ADC Tech will submit an invoice for the Program Fee after payment of the Program Fee.

5. Without derogating from other rights of ADC Tech hereunder, if the Student fails to make any payment hereunder on or before such payment is due, ADC Tech may: (i) suspend the provision of the Program to the Student, and (ii) charge the Student interest at maximum amount prescribed by law, as of the date such payment becomes due and until payment of such amount in full, including all accrued interest.

6. Payment of the Program Fee shall be made on-line in New Israeli Shekels by credit card or bank transfer.

7. Success-based agreement (if applicable) is signed separately and approved separately. Participation of the Student in SBE track is conditional on approval by ADC Tech and at its sole discretion.

6. Right to Terminate

1. The Student may terminate the Enrollment within fourteen (14) calendar days of the actual payment of the Program Fee. If ADC Tech agrees to receive the Program Fee in installments (i) the Student may only terminate the Enrollment within fourteen (14) calendar days of the payment date of the first installment, and (ii) Student irrevocably undertakes to make all instalment payments as they become due, without any set-off and/or encumbrances. Without derogating from the previous sentence, termination by the Student can be made until the date that is up to two weeks after the start of the Program. Notice of termination shall be sent to the following email address Y-DATA@ai-dt.school.

2. Following due termination permitted pursuant to Sub-section 6. a. of the Conditions, the Student shall be refunded the entire Program Fee/first installment, as applicable, less an amount equal to the lower of 5% of the Program Fee or first installment, as applicable and 100 NIS.

7. Program Materials

1. ADC Tech will use its best efforts to ensure that the Program Materials, will be materially sufficient to enable the Student to participate in the Program.

2. Certain Program Materials are prepared by third parties not affiliated with ADC Tech. ADC Tech is not responsible for the completeness and sufficiency of such materials, and such materials are provided ‘as-is’.

8. Tasks and Assignments

1. During the Program, the Student will be required to perform certain tasks and work assignments. The amount and nature of such tasks and assignments will be determined at ADC Tech sole discretion in consultation with the Personnel. The scoring of such tasks and assignments will be made at ADC Tech sole and absolute discretion.

2. Completion of tasks and work assignments in an amount satisfactory to ADC Tech at its sole discretion, is a condition precedent to receipt of a certificate evidencing the participation and successful completion of the Program.

9. Industry Projects

1. During the Program, certain Students will be offered an opportunity to take part in an Industry Project. ADC Tech will provide each Student a notice that will state for each such Student if such Student will take part in an Industry Project.

2. Participation in an Industry Project is subject to the decision of ADC Tech’ personnel and is to be made at ADC Tech’ sole discretion.

3. Engagement in Industry Projects will be done in teams of 2-3 people. The composition of such teams will be decided by ADC Tech at ADC Tech’ sole discretion and it will be final.

4. Students taking part in an Industry Project may not be employed or hold other contractual engagements with a total commitment of more than 80% of a full time position for the period between 1.2.24 and 1.7.24 (unless the Student is doing an Industry Project offered by his current employer for the purpose of Y-Data Program and the engagement in the Industry Project is part of its duties to his employer).

5. ADC Tech will provide a list of Industry Projects during January 2024 and will use its best efforts to ensure that Industry Projects are offered to all Students who have been invited to participate in the Program, and are suitable in scope and complexity for the Program’s purpose. However, ADC Tech makes no representation or warranty, express or implied that all Students (or any particular Student) will participate in an Industry Project.

6. Students are required to fulfill the Industry Project requirements as shall be presented to each Student by the company on whose Industry Project the Student will be engaged, including execution of a non-disclosure agreement, proprietary inventions and intellectual property assignment agreement, or any other similar agreement as more fully set forth in Section 10. b. below and presence on premises of such company and other reasonable requirements, as long as these are limited to a time commitment of 20% of a full-time position.

7. Without derogating from Section 4. g. above, ADC Tech is not and will not, at any time in the future, be responsible for any matter, issue, claim, demand or problem of a Student or a company in who’s Industry Project such Student will be engaged including but not limited to the failure of an Industry Project to meet Student’s expectations from such Industry Project or any other failure of an Industry Project to come to conclusion, meet certain deadlines or otherwise and the Student shall amicably resolve any such matter directly with such company. Student acknowledges that his relationship with respect to an Industry Project is governed by a separate agreement between the Student and the applicable company and that ADC Tech shall not have any responsibility and will not be held liable for any matter whatsoever related to an Industry Project.

8. Completion of an Industry Project will be determined by ADC Tech in its sole discretion and a certificate of completion will only be given based on ADC Tech’ decision.

10. Intellectual Property

1. All intellectual property rights in the Program Materials, the content of the Website and all other documents, information and materials of any kind and nature and in any form, whether relating specifically to the Program or otherwise, including but not limited to copyright, moral rights, trade secrets, formulae and processes are vested absolutely and unconditionally either in ADC Tech, its licensors or the Personnel, in each case as applicable regardless of any contribution by the Student of his knowledge and expertise within the scope of the Program.

2. ADC Tech grants the Student with a personal, non-transferrable, non-exclusive limited license, only for the duration of the Program, to use the Program Materials and other documents, information and materials that will be provided to the Student within the scope of the Program for the sole purpose of participation by the Student in the Program. Student shall use the Program Materials and all other documents, information and materials that will be provided to the Student within the scope of the Program solely for such purpose and will not copy, make available, reverse engineer, reproduce, sell, license or sub-license, distribute, publish, broadcast or otherwise provide such materials without the express prior written consent of ADC Tech.

3. All intellectual property rights in the Industry Projects shall vest exclusively with the company that provides the Industry Project to the Student (i.e. such company that in its Industry Project the Student will be engaged) and the Student shall have no rights in the Projects of any kind or nature. The Student shall not copy, make available, reverse engineer, reproduce, sell, license or sub-license, distribute, publish, broadcast or otherwise provide any software, machine readable code, or any other materials related to the Projects, without the express prior written consent of the company by which the Student was assigned to the Project.

4. The Student agrees to execute and be bound by the terms of a non-disclosure agreement, proprietary inventions and intellectual property assignment agreement, or any other similar agreement in the form that will be provided to the Student by a company that provides the Industry Project to the Student (i.e. such company that in its Industry Project the Student will be engaged). If such agreement shall not be provided to the Student, Student agrees to execute and be bound by the terms of any similar agreement that will be provided to the Student by ADC Tech in relation to an Industry Project or Projects.

5. Any breach by the Student of this Section 10 of the Conditions shall constitute a material breach of the Conditions. The Student shall indemnify ADC Tech or the company which assigned the Student to the Projects (as applicable) from and against any and all loss, damage, costs, fees expenses and liabilities (including legal fees), resulting from a breach of this Section 10 of the Conditions.

11. Code of Conduct during the Program

1. The Student has at all times to act honestly and with integrity, and in a respecting manner in relation to ADC Tech, its officers and employees, the Personnel, ADC Tech property, policies and facilities, the Program Location, and fellow students.

2. The Student acknowledges that the Program Location may be leased to ADC Tech by third parties, and agrees to abide by all the policies of such third parties applicable to the Program Location.

3. The Student will not: (i) set up links from any website to any of the services or materials provided by ADC Tech or the Personnel to the Student (including the Program Materials) without ADC Tech written authorization, (ii) make any commercial use of the Program Materials, (iii) reproduce any of the content of the Program Materials, other than as is reasonable for the sole purpose of participating in the Program.

4. The Student undertakes at all times during the term of the Program to comply with the terms of the Prevention of Sexual Harassment Law, 5758-1998.

5. Any breach by the Student of this Section 11 of the Conditions shall constitute a material breach of the Conditions.

12. Limitation of Liability

ADC Tech makes no representation or warranty that participation in the Program will meet any specific expectations of the Student. ADC Tech makes no representation or warranty that participation in the Program will achieve any specific result. The Student acknowledges and agrees that the selection of the Program was made by the Student relying entirely on its own judgement and assessment of the Program. To the maximum extent legally permissible, ADC Tech entire liability to the Student arising out of any and all claims related to the Program shall not exceed, in the aggregate, the Program Fees actually paid by the Student and under no circumstances whatsoever shall ADC Tech be liable to the Student for any loss of profit, loss of revenue, indirect, consequential, special or punitive damages or loss, whether in contract, tort, or otherwise.

13. Termination

1. ADC Tech may terminate the participation of the Student in the Program at any time with immediate effect by giving a termination notice to the Student (and such termination will be final and non-appealable), if: (i) the Student commits any material breach of the Conditions, (ii) the Program Fee remains unpaid after the time for payment has expired. In the event of such termination ADC Tech shall immediately block the ability of the Student to access the Program Materials in electronic form or via the Website.

2. In the event of termination pursuant to this Section 13 of the Conditions, the Student shall not be entitled to any refund, in whole or in part, of the Program Fees previously paid.

3. Notwithstanding anything to the Contrary contained herein, ADC Tech may, at its sole and absolute discretion, refund the Student with a pro-rated part of the Program Fee upon termination pursuant to this Section 13.

14. Miscellaneous

1. These Conditions constitute the entire terms and conditions between the Student and ADC Tech relating to the subject matter hereof, including inter alia the Program and the Program Materials and supersede any and all prior or contemporaneous written or oral agreements or understandings between the Student and ADC Tech.

2. Any claim relating to the Program or any other matter arising out of these Conditions will be governed by and interpreted in accordance with the laws of the State of Israel without reference to its conflict-of-laws principles.

3. These Conditions do not and shall not be construed as to create any partnership, joint venture, employer-employee, agency or franchisor-franchisee relationship between the parties hereto.

4. No waiver by either party of any breach or default hereunder shall be deemed to be a waiver of any preceding or subsequent breach or default. Any heading, caption or section title contained herein is inserted only as a matter of convenience, and in no way defines or explains any section or provision hereof.

5. THE STUDENT ACKNOWLEDGES AND AGREES THAT ANY CAUSE OF ACTION THAT THE STUDENT MAY HAVE ARISING OUT OF OR RELATED TO THE COURSE OR THE CONDITIONS MUST COMMENCE WITHIN SIX (6) MONTHS AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.

6. If any provision hereof is adjudged by any court of competent jurisdiction to be unenforceable, that provision shall be limited or eliminated to the minimum extent necessary so that these Conditions shall otherwise remain in full force and effect while most nearly adhering to the intent expressed herein.

7. The Student may not assign or transfer these Conditions (including all rights and obligations hereunder).

8. ADC Tech may assign or transfer these Conditions without restriction.

9. No amendment hereof shall be binding unless made in writing and signed by ADC Tech.

10. The Student hereby declares that he or she is fluent and prominent in the English language and has fully understood the contents of these Conditions.

11. The Student agrees that all correspondence relating to these Conditions shall be written in the English and that the Student shall send any such correspondence to ADC Tech to the email address Y-DATA@ai-dt.school.

If you have any questions (or comments) concerning the Terms, you are most welcome to send us an e-mail to Y-DATA@ai-dt.school.