Terms & Conditions – The CX Academy

Terms & Conditions

The CX Academy
129 Capel Building,
Dublin D07 W024

Registration No: 656220

Terms & Conditions – General

1.0  Welcome to our website. If you continue to browse and use this website you are agreeing to comply with and be bound by the following terms and conditions of use, which together with our privacy policy govern The CX Academy’s relationship with you in relation to this website. The term ‘The CX Academy’ or ‘us’ or ‘we’ refers to the owner of the website.

The term ‘you’ refers to the user or viewer of our website.

The term ‘Course or Courses’ refers to the website and associated learning management system delivering educational courses.

1.1  The use of this website is subject to the following terms of use:

  • The content of the pages of this website is for your general information and use only. It is subject to change without notice.
  • Neither we nor any third parties provide any warranty or guarantee as to the accuracy, timeliness, performance, completeness or suitability of the information and materials found or offered on this website for any particular purpose. You acknowledge that such information and materials may contain inaccuracies or errors and we expressly exclude liability for any such inaccuracies or errors to the fullest extent permitted by law.
  • Your use of any information or materials on this website is entirely at your own risk, for which we shall not be liable. It shall be your own responsibility to ensure that any products, services or information available through this website meet your specific requirements.
  • This website contains material which is owned by or licensed to us. This material includes, but is not limited to, the design, layout, look, appearance and graphics. Reproduction is prohibited other than in accordance with the copyright notice, which forms part of these terms and conditions.
  • All trade marks reproduced in this website which are not the property of, or licensed to, the operator are acknowledged on the website.
  • Unauthorised use of this website may give rise to a claim for damages and/or be a criminal offence.
  • From time to time this website may also include links to other websites. These links are provided for your convenience to provide further information. They do not signify that we endorse the website(s). We have no responsibility for the content of the linked website(s).

Terms and Conditions Specific to Students of Our Courses and Learning Management System (LMS) users.

 2.0  Usage

2.1  We will provide telephone and email support during Normal Business Hours on Business Days

2.2 We will use commercially reasonable endeavours to ensure the Services are available 24 hours a day, seven days a week, except for:
(a) Planned maintenance carried out
(b) Unscheduled maintenance performed outside Normal Business Hours, provided that we have used reasonable endeavours to give you at least two normal business hours notice in advance.

3.0  Restrictions

3.1 We grant you a worldwide, non-exclusive and non-transferable right to use the website and LMS. You may view, and print documents and portable document formats (PDF’s) incorporated into the website and LMS solely for your personal, non-commercial use. Downloading video material is strictly forbidden and will result in termination of the your enrolment. The information may not be transferred, shared with or disseminated with anyone for any purpose that is inconsistent with the purpose of the website or service, to facilitate unfair competition with the website or service, or for any purpose that is inappropriate or unlawful under Irish law and international law.

3.2 You may not resell, redistribute, broadcast or transfer information or use the information in a searchable, machine readable database or file except through the authorised access to the website or courses. Unless separately and specifically authorised in writing by us, you may not rent, lease, sublicence, distribute, transfer, copy, reproduce, publicly display, publish, adapt, modify, create derivative works, store or time-share the website or courses, any part thereof, or any of the information received or accessed therefrom to or through any other person or entity.

3.3 You agree to use the website or courses and information for lawful purposes only. You agree not to post or transmit any information through the website or or service or associated websites which (a) infringes the rights of others or violates their privacy or publicity rights, (ii) is unlawful, threatening, abusive, defamatory, libellous, vulgar, obscene, profane, indecent or otherwise objectionable, (c) is protected by copyright, trademark or other proprietary right without express written permission of the owner of such right, (d) contains unauthorised or malicious software such as viruses. You shall be solely liable for any damages resulting from your infringement of any copyright, trademark or other proprietary right, or any other harm caused by your use of the website or courses or information.

4.0  Intellectual Property Rights

4.1 All text, software, music, sound, information, content, photographs, graphics, video, page layouts, logos, design, button icons, images, trademarks, trade names and other material that is contained on the website or is part of the courses, is protected by the laws of copyright, trademarks, database rights, service marks, patents or other proprietary rights under Irish law and international law.

4.2 We own or are licensed to use all intellectual property rights (including but without limitation all copyrights, patents, trademarks and trade secrets) in connection with and in all versions of the website and the courses, the software the provider uses to operate the website and the courses and any data (including data obtained from you) generated by users of the website and the courses. The website is made available for personal use and you are not permitted to change, transfer, copy, store, publish, rent, licence, sell, distribute or create derivative works in any way any of these intellectual property rights.

4.3 If you post content or submit material on the website/courses, and unless otherwise indicated, you grant us a non-exclusive, royalty-free and fully sub-licensable and transferable rights to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display the content throughout the world in any media.

5.0  Enrolment & Payment

5.1 The payment options are prominently displayed on the website. All amounts stated or referred to in these Terms and Conditions shall be payable in Euro unless otherwise invoiced. On making a payment through the website, you will be required to submit your credit card information to us in order to pay. We also accept payment by invoice and credit transfer.  Students wishing to pay for courses by invoice or credit transfer can telephone or email The CX Academy. If students are paying via credit transfer, the payment must be received within 5 working days or the services will be discontinued.

6.0  Cancellation Policy

6.1 Any cancellations four weeks (28 days) prior to course commencement will not be subject to a cancellation charge.  Any cancellations up to two weeks (14 days) prior to course commencement will be subject to a cancellation charge equal to 50% of the overall fee payable. Any cancellations within 2 weeks prior to course commencement will be subject to 100% cancellation charge equal to 100% of the overall fee payable.

6.2. We offer payment plans to help learners pay for courses over an agreed period of time. Once the payment plan has been agreed and once the Learning Management System (LMS) has been accessed, the full payment for the course must be made over the agreed period of time. It is important to understand that this is not a subscription that can be cancelled.

7.0  Refunds

7.1 Once the course or Learning Management System (LMS) has been accessed (logged onto) by the learner or the cooling off period has ended, no refund is available.  In certain circumstances course deferral may be offered as an alternative.

7.2 Online students are entitled to a cooling off period of 14 days, which begins on the day that access is granted to the course.  If a student decides that they do not want to commence the course during this period, a refund may be granted.  Once the Learning Management System (LMS) is accessed by a student, this is an indication of use of service and acceptance of terms and conditions, and as a result no refunds will be issued, even within the standard cooling off period of 14 days.  After the cooling off period no refunds will be issued whether the Learning Management System (LMS) has been accessed or not.

8.0  Course Access Period

8.1 The access period to the Learning Management System (LMS) for completing online courses is between 3 months (90 days) and 6 months (course dependent) from the date that course access is granted.  After this time access to the Learning Management System (LMS) will be revoked and no refunds will be issued after this time.  Additional time access to the Learning Management System (LMS) may be requested but will be granted at the sole discretion of the Programme Director.

9.0  Refusal

9.1  The CX Academy reserves the right to refuse tuition fees and reserves the right to refuse any enrolment application.

10.0  Limitation of Liability

10.1 The following provisions set out our entire financial liability (including any liability for the acts or omissions of its employees, agents and sub-contractors) to you in respect of: (a) any breach of contract; (b) any use made by the you of the courses; and (c) any representation, statement or tortuous act or omission (including negligence) arising under or in connection with this Agreement.

10.2 All warranties, conditions and other terms implied by statute or common law are, to the fullest extent permitted by law, excluded from this Agreement.

10.3  Nothing in these conditions excludes our liability: (a) for death or personal injury caused by our negligence; or (b) for fraud or fraudulent misrepresentation.

10.4  We do not guarantee, represent or warrant that your use of the courses will be uninterrupted or error-free and you agree that from time to time we may remove the courses for indefinite periods of time, or cancel the courses at any time, without notice to you.

10.5  We shall use reasonable efforts to protect information submitted by you in connection with the courses, but you agree that your submission of such information is at your sole risk and we hereby disclaim any and all liability to you for any loss or liability relating to such information in any way.

10.6  We shall not be liable for any loss of profits, loss of business, depletion of goodwill or similar losses or pure economic loss or for any special, indirect or consequential loss costs, damages, charges or expenses however arising.

10.7  Our total liability in contract, tort (including negligence or breach of statutory duty), misrepresentation, restitution or otherwise, arising in connection with the performance or contemplated performance of this Agreement is limited to the payment made in respect of the courses.

11.0  Exclusion of Warranties

11.1  You acknowledge and agree that no warranties of any kind are made with respect to the website, courses or information. Furthermore, you acknowledge that the information and links provided through the website or courses are compiled from sources that are beyond our control. Though such information is recognised by the provider to be generally reliable, we acknowledge that inaccuracies may occur and we do not warrant the accuracy or suitability of the information. For this reason, you acknowledge that the website and courses are provided to you on an “as is, with all faults” basis. We do not warrant that the website or courses will meet your requirements, will be accurate, or will be uninterrupted or error free.

11.2  You are advised to safeguard important data, to use caution and to not rely in any way on the correct functioning or performance of the courses.

11.3  The contractual rights which you enjoy by virtue of the Sale of Goods Act, 1893 (as amended) and the Sale of Goods and Supply of Services Act, 1980 are in no way prejudiced by anything contained in these terms and conditions, save to the fullest extent permitted by law.

12.0  General

12.1  The failure or delay by the website provider to exercise or enforce any rights hereunder shall not be deemed to be a waiver of any such right nor operate so as to bar the exercise or enforcement thereof at time or times thereafter.

12.2  The headings used in these Terms and Conditions are for convenience only and shall not affect the meaning or scope of these Terms and Conditions or otherwise be given other legal effect.

12.3  These Terms and Conditions shall be governed by and construed in accordance with the laws of Ireland. You hereby agree that the courts of Ireland shall have exclusive jurisdiction to hear and determine any suit, action or proceedings that may arise out of or in connection with these Terms and Conditions and/or services and for such purposes irrevocably submits to the jurisdiction of such courts.

12.4  You agree that the website provider shall carry no responsibility for non-fulfilment or delayed fulfilment of the courses owing to force majeure, war, acts of terrorism, riots, civil unrest, intervention by government or public authorizes, fire, strike or lock-out, export and/or import bans, shortage of labour, fuel or power or any other cause beyond the control of us which may delay or impede the courses.

12.5  You agree that no joint venture, partnership, employment, or agency relationship exists between you and the website and courses provider as a result of these Terms and Conditions or your use of this website and/or courses.

12.6  If any part of these Terms and Conditions is determined to be invalid or unenforceable, then the invalid or unenforceable provision shall be deemed to be superseded by any such valid, enforceable provision that most closely matches the intent of the original provision and the remainder of these Terms and Conditions shall continue in effect.

12.7  You hereby consent to the use of your Registration Data for the purposes of the Data Protection Act of Ireland 1988 (and the Data Protection (Amendment) Act 2003

12.8  Any notice or other communication to use in connection with the services shall be in writing and shall be: (a) delivered by hand or sent by prepaid post to The CX Academy, 129 Capel Building, D07 W024
Ireland (b) sent by email to info@thecxacademy.org ; or (c) to such other address, as is from time to time notified in these Terms.

12.9  The Privacy Policy as accessed through the website shall form part of these Terms and Conditions.

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