CMIT Terms and Conditions

Please read these Terms and Conditions of Use (‘Terms’) carefully:

  • Part A Terms applies to all visitors of the CMIT website.
  • Part B Terms applies to purchasers of a CMIT course.
 
Part A – Terms applying to all users of the CMIT website
1. Ownership of Site; Agreement to Terms of Use

1.1. These Terms of Use apply to this website, owned by CMIT Learning Ltd T/A College of Management and IT (CMIT) and its licensors. By using the site, you agree to these Terms of Use; if you do not agree, do not use the site. CMIT is registered in Ireland (No. 451082). Company address: College House, Southern Cross Business Park, Bray, A98 CY94, Co. Wicklow, Ireland.

1.2. CMIT reserves the right to change, modify, add, or remove portions of these Terms of Use at any time at its sole discretion. It is your responsibility to check these Terms of Use periodically for changes. Your continued use of the site following the posting of changes means that you accept and agree to the changes. As long as you comply with these Terms of Use, CMIT grants you a personal, non-exclusive, non-transferable, limited privilege to enter and use the site.

1.3. Your use of the site will also be governed by the laws of Ireland, and you agree that the Irish courts will have exclusive jurisdiction over any claims or disputes arising from your use of the site or any of the information on it.

 
2. Copyright

2.1. All content on the site, including text, graphics, user interfaces, visual interfaces, photographs, trademarks, logos, sounds, music, artwork, and computer code, is owned, controlled, or licensed by or to CMIT.

2.2. No part of the site or content may be copied, reproduced, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted, or distributed in any way without CMIT’s express prior written consent.

2.3. You may use information on CMIT’s website (such as course information) purposely made available by CMIT, provided that you (1) do not remove any proprietary notice language, (2) use such information only for your personal, non-commercial informational purpose, (3) make no modifications to any such information, and (4) not make any additional representations or warranties relating to such documents.

2.4. You may not forge headers or manipulate identifiers to disguise the origin of any message or transmission you send to CMIT on or through the site. You may not impersonate any other individual or entity.

2.5. You may not use the site or any content for any unlawful purpose or to solicit the performance of any illegal activity or other activity which infringes the rights of CMIT or others.

 
3. Purchases; Other Terms and Conditions

3.1. Additional terms and conditions may apply to the purchase of courses and to specific portions or features of the site, including contests, promotions, or other similar features, all of which terms are made a part of these Terms of Use by this reference. You agree to abide by such other terms and conditions. If there is a conflict between these Terms of Use and the terms posted for or applicable to a specific portion of the site or for any service offered on or through the site, the latter terms shall control.

3.2. CMIT may make changes to any products or services offered on the site, or to the applicable prices for any such products or services, at any time, without notice. The materials on the site with respect to products and services may be out of date, and CMIT makes no commitment to update the materials.

 
4. Disclaimers

4.1. CMIT does not promise that the site or any content, service, or feature of the site will be error-free or uninterrupted, or that any defects will be corrected, or that your use of the site will provide specific results. The site and its content are delivered on an “as-is” and “as-available” basis. All information provided on the site is subject to change without notice.

 
5. Limitation of Liability

5.1. Except where prohibited by law, CMIT will not be liable to you for any indirect, consequential, exemplary, incidental, or punitive damages, including lost profits, even if CMIT has been advised of the possibility of such damages.

5.2. If CMIT is found to be liable to you for any damage or loss which arises out of or is in any way connected with your use of the site or any content, CMIT’s liability shall not exceed the total of any fees paid in the six months prior to the initial claim made against CMIT.

 
6. Indemnity

6.1. You agree to indemnify and hold CMIT, its officers, directors, shareholders, predecessors, successors in interest, employees, agents, subsidiaries, and affiliates, harmless from any demands, loss, liability, claims, or expenses (including legal fees), made against CMIT by any third-party due to or arising out of or in connection with your use of the site.

 
7. Data protection and privacy policy

7.1 We have a detailed Data Protection and Privacy Policy. Visitors are advised to read it carefully. Click here to read the Data Protection and Privacy Policy.

 
Part B – Additional terms applying to Purchasers
 
8. Definitions

8.1. For the purposes of these Terms: ‘We’, ‘Us’, and ‘the College’ means CMIT who will provide the Services to you. ‘You’ means the learner receiving the Services; ‘Enrol’ means the process of enrolling for a course and the term Enrolment shall be construed accordingly. If you enrol via the Website, this will involve you completing the relevant application forms, giving us your payment information, and submitting the details to us. Enrolment can also take place by telephone, involving giving us details of the course you wish to study, providing your payment details, and agreeing to proceed with the purchase. ‘Services’ means the provision of the Course Materials and tutorial support; ‘Course Materials’ means the materials required to complete the Course; ‘Course Fees’ means the fee payable for the provision of the Services. ‘Assessment’ means the assessment/examination which leads to certification by the relevant Examining body, following the achievement of a pass rate.

 
9. Data protection and privacy policy

9.1. We have a detailed Data Protection and Privacy Policy. Learners are advised to read it carefully. Click here to read the Data Protection and Privacy Policy.

9.2 By accepting these terms and conditions you are also accepting agreeing to the terms of our Data Protection and Privacy Policy.

 
10. Provision of the Services

10.1. Once enrolled, learners will receive an email or written confirmation, which confirms the arrangements for the course. You will be provided with access to CMIT’s eLearning System.

10.2. The duration of each course is outlined on the page for each course.

10.3. The learner is responsible for ensuring they have the necessary technical requirements to complete the course. These requirements are outlined on each course page and may include computer type, internet access, operating system, and software specifications.

10.4. Learners must meet the prerequisites detailed on each course page and provide CMIT with proof of relevant prerequisites within two weeks of enrolment.

10.5. Learners on programmes longer than three months who have not logged in for 90 days or more will be deemed inactive and removed from their course.

10.6. CMIT is not responsible for retaining coursework for learners who do not complete the course within the specified timeframe or for inactive learners.

 
11. Transferring to another Course

11.1. Enrolled students may transfer to another course within 30 days of enrolment, subject to an administration charge of EUR 60/£50. Additional course fees, if any, must be paid in full.

11.2. Course transfers to another person are not permitted.

 
12. Quality of the services

12.1. We will use reasonable skill and care in performing the services. We will provide the services in accordance with the course description on the Website or in our prospectus or other promotional materials.

12.2. All representations, warranties, terms, and commitments not expressly set out in these Terms are excluded to the maximum extent permissible by law.

 
13. Payment by you of the Course Fee

13.1. You agree to pay the course fee upon enrolment. If paying by credit or debit card, your card will be debited on or after the day of enrolment.

13.2. Students who withdraw from their programme without completing payments remain liable for the full course fees. Legal action may be taken to recover unpaid fees.

13.3. CMIT reserves the right to withhold certification applications for students with outstanding fees.

13.4. The current course fee is displayed on the Website.

13.5. In the event of a technical error causing an incorrect course fee, you will be notified and given the option to receive a refund or settle the balance.

13.6. Course completion durations are specified on the Website. Extensions, subject to an additional charge, may be granted at CMIT’s discretion.

13.7. Under consumer protection legislation, you have the right to a full refund for digital content or services contracts within 14 days from the date of purchase, known as the ‘Cooling-Off Period,’ provided that you have not accessed or downloaded a course manual or uploaded an assessment. By accessing/downloading a course manual or uploading an assessment, you agree to the immediate commencement of service provision and waive your right to a full refund within the 14-day Cooling-Off Period. If you wish to cancel your purchase, please send a written request to info@cmit-elearning.co.uk.  

13.8. For physical course formats with sealed materials, refunds require unbroken seals. Learners must return all materials in original condition and cover return shipping costs.

13.9. Eligible refunds will be processed within 28 days of receiving the cancellation notice.

13.10. Users who paid via Humm or Klarna are bound by their respective terms and conditions.

13.11. If a learner completes their course ahead of the scheduled timeframe in their payment plan, the balance of fees will become immediately due. Certification for the course will not be granted until all outstanding payments are made in full.

 
14. Learner Responsibilities

14.1. Learners agree to adhere to CMIT’s policies and procedures while undertaking their programme. In particular Learners should make themselves aware of the following policies: Teaching and Learning Policies, Assessment Policies, Learner Supports and the Learner Journey.

14.2. Learners will be contacted to confirm eligibility for their course. If a learner fails to communicate with the college within one month of purchase to confirm these details, their enrolment may be subject to cancellation. In such cases, no refund will be provided, except as required by law. CMIT will make reasonable efforts to contact the learner through multiple channels before taking such action.

14.3. Assessments must meet required standards for certification. Failure to meet standards after two resubmissions may result in a ‘Fail’ grade.

14.4. All students’ submitted assessment work must be their own original work. Students must read and adhere to the plagiarism policy as described in the CMIT Assessment Policies.

14.5. Plagiarism is strictly monitored, and penalties for plagiarism include resubmission with a maximum pass grade or exclusion from the programme.

14.6. Third-party examination fees are not included unless specified. A re-sit fee of EUR 40 applies for missed exams.

14.7. CMIT is not responsible for storing assessment documents or submitted files beyond the course timeframe or after certification.

14.8. Learners agree to CMIT’s Policy on the use of online messaging as described in the CMIT Information and Data Management Policy.

 
15. Complaints

15.1. Complaints should be directed to the Student Services Director, CMIT, College House, Southern Cross Business Park, Bray, Co. Wicklow, or call 01-2865783 (Ireland) or 020 8068 9235 (UK).

 
16. Our Liability to You

16.1. The exclusions and limitations of liability do not apply to loss or damage resulting from death or personal injury caused by our negligence, fraudulent misrepresentation, or any other losses which may not be excluded or limited by law.

16.2. We are not responsible for providing services due to events beyond our reasonable control, such as fire, flood, strikes, failure of telecommunications, war, or government actions.

16.3. We are not responsible for loss of profit, earnings, anticipated savings, revenue, or goodwill. We are not liable for any indirect or consequential loss.

16.4. We are not responsible for data loss during course completion. It is your responsibility to save and back up data.

16.5. Our maximum liability to you for any claim not excluded by these Terms is limited to the amount of the course fee paid by you.

16.6. Each provision of this paragraph shall be construed separately. If any part is held by a court to be unreasonable, inapplicable, or unenforceable, the other parts shall still apply.

 
17. Your Use of the Course Materials

17.1. Upon payment of the course fee, you are granted a non-exclusive, non-transferable licence to use the Course Materials for personal use.

17.2. Modifying, copying, reproducing, republishing, uploading, posting, transmitting, or distributing the Course Materials is prohibited and constitutes an infringement of intellectual property rights.

 
18. Learner Protection

18.1. CMIT has put in place appropriate arrangements in place for the protection of learners on QQI programmes which have a duration of three months or longer, should CMIT unexpectedly cease to provide such a QQI programme. To comply with this, CMIT has either: (1) arrangements in place with at least two other QQI registered organisations so that learners may transfer to complete their programme, or (2) a Bank Guarantee/Insurance policy in place so that learners may be refunded. This applies to programmes which are 3 months or longer. Please note that the Bank Guarantee or Insurance Policy will expire on the same date as the expiry date of your course.

CMIT Learning Ltd has approval to offer students learner protection insurance. Learner Protection insurance is only in place when each student receives their Insurance Policy. Each learner should ensure that they receive a Learner Protection Insurance Policy in their name. Learner Protection insurance is provided by Arachas and underwritten by Aviva Insurance Ireland DAC. Aviva Insurance Ireland DAC, trading as Aviva, is regulated by the Central Bank of Ireland. The learner protection policy provides for a refund of fees as specified in the 2012 Act. In some circumstances, it may be possible for a learner to transfer to a similar programme in another provider. In such circumstances, the learner may opt to receive the cost of an alternative similar academic programme. Transfer to another programme is always only a second option. The learner protection insurance policy is governed by s. 65(4)(b) of the 2012 Act.

18.2. Learners agree that in the event of CMIT ceasing to provide a QQI programme which is 3 months or longer, that learner data (including registration data and assessments) may be transferred to QQI or QQI registered organisations to assist in the completion of the programmes.

 
19. General

19.1. These Terms are governed by and shall be construed in accordance with EU and Irish law. Any dispute arising under these Terms shall be subject to the non-exclusive jurisdiction of the Irish courts.

19.2. These Terms constitute the entire agreement between us regarding the provision of Services and replace any prior arrangements. You acknowledge that you are not relying on any statements not expressly set out in these Terms.

19.3. Continued use of our services following any changes to the terms means you accept such changes.

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