1.1. By accessing and/or using this Website and the Online Content and Courses (by whatever means or device and whether as a Visitor or a Student), you confirm that you have read, agree and are in compliance with these Terms and all applicable local, national and international laws, rules and regulations (each as amended from time to time).
1.3. When you use the Site, you accept that your use of the Site will also be governed by the laws of Ireland and if any claim or dispute arises from your use of the Site or any of the information on it, you agree that the Irish courts will have exclusive jurisdiction over all such claims or disputes.
1.4. Your use of and access to this Website and the Online Content and Courses is subject to the following conditions (“Acceptable Use Conditions”), and you agree that failure to comply with any one of the Acceptable Use Conditions will be a breach of these Terms by you:
1.4.1. You agree to use the Website and access the Online Content and Courses only for lawful purposes and in no way that is unlawful or fraudulent, or has any unlawful or fraudulent purpose or effect;
1.4.2. You agree not to use the Website or access the Online Content and Courses for the purpose of harming or attempting to harm minors in any way;
1.4.3. You agree not to distribute all or any part of the Website or Online Content and Courses in any medium without our prior written consent;
1.4.4. You agree not to access the Website or Online Content and Courses through any technology other than the software provided by us or enabled via API’s or other generally available third party web browsers such as Chrome, FireFox, Safari or Internet Explorer;
1.4.5. You agree not to (and not to attempt to) circumvent, disable or otherwise interfere with any security related features of the Website or features that (i) prevent or restrict use or copying of content or (ii) enforce limitations on us, the use of the Website or access to the Online Content and Courses;
1.4.6. You agree to use the Website and access the Online Content and Courses in a way which does not infringe the rights of anyone else or restrict or prevent anyone else’s use and enjoyment of the Website, Online Content and Courses;
1.4.7. You agree not to ask for, collect or harvest any personal data of any Visitor or Learner of the Website or Online Content and Courses;
1.4.8. You agree not to post, upload, email or otherwise transmit to or otherwise cause us to email, transmit or otherwise distribute chain letters, surveys or studies, calls to action, junk mail, pyramid schemes, incentives (monetary or click-based), spimming or spamming, or bulk communications of any kind, whether or not for commercial or non-commercial purposes;
1.4.9. You will not copy, reproduce, create derivative works of, distribute, transmit, broadcast, display, sell, license, or otherwise exploit any content contained on the Website (including without limitation the Online Content and Courses) for any other purposes other than as permitted by these Terms without our prior written consent or the prior written consent of the respective licensors/owners of the Courses and Content on the Website;
1.4.10. You agree not to use any high volume, automated, or electronic means to access the Website or the Online Content and Courses (including without limitation robots, spiders or scripts);
1.4.11. You agree not to access or attempt to access any other Visitor or Learner’s account or falsely state, impersonate, or otherwise misrepresent your identity, including but not limited to the use of a pseudonym or misrepresenting your affiliations with a person or entity, past or present;
1.4.12. You agree not to force headers or otherwise manipulate identifiers in order to disguise the origin of any communication transmitted through the Website; and
1.4.13. You agree not to send, knowingly receive, submit, download, use or re-use any material which does not comply with these Terms).
2.1. All text, graphics, user interfaces, visual interfaces, photographs, trademarks, logos, sounds, music, artwork and computer code (collectively, “content”), including but not limited to the design, structure, selection, coordination, expression, “look and feel” and arrangement of such content, contained on the Site is owned, controlled or licensed by or to PAYTECH ACADEMY.
2.3. You may use information on PAYTECH ACADEMY’s website (such as course information) purposely made available by PAYTECH ACADEMY, provided that you (1) not remove any proprietary notice language in all copies of such documents, (2) use such information only for your personal, non-commercial informational purpose and do not copy or post such information on any networked computer or broadcast it in any media, (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 otherwise manipulate identifiers in order to disguise the origin of any message or transmittal you send to PAYTECH ACADEMY on or through the Site or any service offered on or through the Site. You may not pretend that you are, or that you represent, someone else, or impersonate any other individual or entity.
3. Intellectual Property Rights
3.1. We are the owner or the licensee of all necessary intellectual property rights in all aspects of the Website and Online Content and Courses including but not limited to the technology, source code, all content, software, scripts, images, graphics and audio (the “Online Content and Courses IPR”). The Online Content and Courses IPR is protected to the fullest extent possible by copyright laws. All such rights are reserved. You agree that the Online Content and Courses IPR remains the property of us or the licensor, as applicable, and that all updates and modifications to the Online Content and Courses IPR will vest in us or the licensor, as applicable.
4.1. PAYTECH ACADEMY 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 from time to time.
5. Limitation of Liability
5.1. Except where prohibited by law, in no event will PAYTECH ACADEMY be liable to you for any indirect, consequential, exemplary, incidental or punitive damages, including lost profits, even if PAYTECH ACADEMY has been advised of the possibility of such damages.
5.3. We accept no liability for any special, indirect, incidental, consequential or economic loss, or any other losses, howsoever caused arising out of or in connection with these Terms. This includes (without limitation):
- any loss of profit (directly or indirectly);
- any loss of goodwill;
- any loss of opportunity; and
- any loss of data suffered by you.
5.4. We provide the Online Content and Courses on the Website in good faith but give no warranty or representation that the Online Content and Courses are accurate, complete or up-to-date or that they will meet your requirements, nor that the Website does not infringe the rights of any third party. We accept no responsibility or liability for your use of Online Content and Courses on the Website and your use is entirely at your own risk. While we take reasonable precautions to prevent the existence of computer viruses and/or other malicious programs on the Website, we accept no liability for them. We do not warrant that defects in the Website or Online Content and Courses will be corrected.
5.5. Information transmitted via this Website will pass over public telecommunications networks. We make no representation or warranty that the operation of this Website will be timely, secure, uninterrupted or error-free and disclaim all liability in that respect to the greatest extent permitted by law.
5.6. We accept no responsibility for any loss or damage incurred by you as a result of:
- any reliance placed by you on the completeness, accuracy or existence of any information or advertising, or as a result of any relationship or transaction between you and any advertiser or sponsor whose advertising appears on the Website or in relation to the Online Content and Courses;
- any changes which we may make to the Website or Online Content and Courses, or for any temporary interruptions in the provision of the Website or Online Content and Courses;
- the deletion of, corruption of, or failure to store, any Online Content and Courses and other communications data maintained or transmitted by or through your use of the Website;
- your failure to provide us with accurate account information; and
- your failure to keep your account details secure and confidential.
5.7. We reserve the right to suspend your use of the Website and/or access to the Online Content and Courses at any time for operational, regulatory, legal or other reasons.
5.8. We may terminate your Account or access/use of the Website with immediate effect:
- if we reasonably believe you or any student you are connected with are in breach of any of these Terms;
- in order to prevent any fraudulent, unlawful or abusive activity; or
- if it is necessary to prevent or stop any harm or damage to us, other users of the Website or the general public.
6.1. You agree to indemnify and hold PAYTECH ACADEMY, 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 PAYTECH ACADEMY by any third party due to or arising out of or in connection with your use of the Site.
7. How we protect your Personal Information
7.1. PAYTECH ACADEMY safeguards the security of sensitive data with physical, electronic, and managerial procedures. We urge you to take every precaution to protect your personal data when you are on the Internet.
7.2. To enroll online, you must use an SSL-enabled browser such as Internet Explorer 5 or later. This protects the confidentiality of your personal and credit card information while it is transmitted over the Internet.
7.3. We may collect sensitive personal data in order to assist you in completing your course. This data will be collected in accordance with the principles outlined in the Data Protection Acts 1988 and 2003.
7.4. While we will do everything to protect the security of your information, content and accounts (if applicable), we cannot guarantee that unauthorized third parties will not be able to breach our security measures. You acknowledge that you provide your information to us at your own risk.
7.5. Where a course is paid for by a third party (such as an employer or funding body) on behalf of a student, then students agree that PAYTECH ACADEMY may provide information to the third party, regarding participation or submission of assessments, by the student on the course. PAYTECH ACADEMY will not provide grade information to the third party.
8. Provision of the Services
8.1. Once you have enrolled, you will receive an email or written confirmation which confirms the arrangements for your course along with access to PAYTECH ACADEMY’s eLearning System. The duration of each course is outlined on the page for each course.
8.2. The student agrees to ensure that they have the necessary technical requirements in order to complete the course. These technical requirements are outlined on each course page, and may include requirements regarding computer type, internet access, operating system and software.
8.3. Once you have enrolled for a course, if you decide that you wish to cancel your enrolment, you may do so provided that: you notify us in writing of your request for cancellation within 14 days of purchase.
8.4. If you cancel a course, within 14 days, we will re-credit your course fees, within 28 days of receiving your notice of cancellation. There is an administration fee of €60 which will not be refunded in the event of a cancellation.
8.5. In the event that enrollment in a course is provided free of charge, we reserve the right to cancel the enrollment at any moment without notice and to delete the account if the free course is the only course enrolled with the account.
9. Quality of the services
9.1. We will use reasonable skill and care in the performance of the services. We will provide the services in accordance with the course description which is set out on the Website or which was made available to you in our prospectus or other promotional materials.
9.2. All representations, warranties and/or terms and/or commitments not expressly set out in these Terms (whether implied by law, conduct, statute or otherwise) are hereby excluded to the maximum extent permissible at law.
10. Payment by you of the Course Fee
10.1. You agree to pay us the course fee. If you are liable to pay us the Course Fee in full and you pay the Course Fee by credit or debit card, we will debit your credit or debit card on or after the day of your Enrolment.
10.2. Students who withdraw from their programme remain liable for full course fees.
10.3. PAYTECH ACADEMY reserves the right to withhold applications for certification for students with an outstanding balance of fees
10.4. The current course fee for any course at any given time will be displayed on the Website.
10.5. In the unlikely event that due to a technical error, the amount of the Course Fee is incorrect, we will notify you as soon as we reasonably can. You will then be entitled to choose between receiving a refund of the monies that you have paid to us (in which case you will not be enrolled on the course) or to pay the balance of the Course Fee to us.
11. Our Liability to You
11.1. The exclusions and limitations of liability contained in these Terms do not apply to: Any loss or damage resulting from death or personal injury caused by our negligence; Loss or damages arising from our fraudulent misrepresentation; or Any other losses which may not be excluded or limited by law.
11.2. We shall not be responsible to you in the event that we cannot provide the Services to you due to an event beyond our reasonable control, which includes (but is not limited to) events such as, fire, flood, storm, strikes or other industrial action, failure of telecommunications services, war, riot, or the actions of any government or public body. In the event that we are prevented from providing the services by such an event, we will take all reasonable steps to try to reinstate the provision of the services to you as soon as is reasonably practicable.
11.3. In no event shall we be responsible to you for any loss of profit, loss of earnings, loss of anticipated savings, loss of revenue or loss of goodwill that you may suffer. Further, in no event shall we be liable to you for any indirect or consequential loss that you may suffer.
11.4. We are not responsible to you for any data that you lose either (a) as a result of accessing the Course Materials; or (b) during completion of any course. It is your responsibility to ensure that you regularly save and back up (i) all data which you hold on the computer from which you are accessing the course materials, and (ii) all data that you produce when completing the course.
11.5. Except where the above applies, our maximum aggregate liability to you for any claim that you may have against us under or in connection with the provision by us to you of the services which is not otherwise excluded in these Terms (including without limitation where such claim arises as a direct result of any negligent technical advice provided by us and/or by PAYTECH ACADEMY) shall be limited to the amount of the course fee which has been paid or is payable by you or on your behalf.
11.6. Each provision of this paragraph shall be construed separately as between you and us. If any part is held by a court to be unreasonable, inapplicable or unenforceable, then the other parts shall still apply.
12. Use of the Course Materials
12.1. In consideration of receipt by us of the course fee, we grant to you a non-exclusive, non-transferable license for you to use the Course Materials for the sole purpose of non-commercial home or work use.
12.2. Save as expressly set out in these Terms, you may not modify, copy, reproduce, re-publish, upload, post, transmit or distribute in any way any of the Course Materials. Any use of the Course Materials not expressly permitted in these Terms is strictly prohibited and will constitute an infringement of our copyright or our other intellectual property rights, and / or the copyright or other intellectual property rights of our licensors.
13. Linking to Other Sites
13.1. The Website may contain links to pages on other websites (“Linked Sites”), and those Linked Sites may contain content or offer products and/or services for sale.
13.2. We do not author, edit, control, or monitor these Linked Sites. You acknowledge and agree that:
- we have no responsibility for the accuracy or availability of information provided by Linked Sites; and
- we do not control or endorse the sponsors of such Linked Sites or the content, products, advertising or other materials presented on such Linked Sites.
13.3. We may remove any links to Linked Sites from the Website at any time for any reason.
13.4. We will not be liable for any transactions conducted by you with third parties through any Linked Site or for any liability arising from any representations or information provided on such Linked Sites.
13.5. We appreciate that Linked Sites may contain material in which the operator of the Linked Sites has intellectual property rights. We respect those rights and provide the links for information purposes only. The fact that we have linked to any Linked Site does not create or imply any relationship or partnership between us and the operator of such Linked Site.
14. Changes to the Website and these Terms
14.1. We may update or amend these Terms (as well as any other policies or guidance we issue) from time to time to comply with law or to meet our changing business requirements, without notice to you. Any updates or amendments will be posted on the Website. In addition, we reserve the right to modify, suspend or discontinue all of the Online Content and Courses with or without notice to you and we will not be liable to you or any third party for any such modifications, suspension or termination. By continuing to use the Website, you agree to be bound by the terms of these updates and amendments.
15.1. These Terms are governed by and shall be construed in accordance with Irish law. Any dispute arising between us under or in connection with these Terms shall be subject to the non-exclusive jurisdiction of the Irish courts.
15.2. These Terms constitute the entire agreement between us in relation to the provision by us to you of the Services, and they replace and supersede any prior arrangements between us in relation to the Services. You acknowledge that you are not relying on any statement made by us or any of our representatives with regard to the Services other than those expressly set out in these Terms (which includes, for the avoidance of doubt, the description of the Services set out on the Website). Nothing in this Paragraph shall exclude or restrict our liability for fraud or fraudulent misrepresentation.
15.3. If any of these Terms are found to be illegal, invalid or unenforceable by any court of competent jurisdiction, the remainder of these Terms remain in full force and effect.
15.4. The continued use of the Website following any changes to the Terms will mean that you accept such changes