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
1.3. 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.
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 CMIT.
2.3. You may use information on CMIT’s website (such as course information) purposely made available by CMIT, 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 CMIT 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. Purchases; Other Terms and Conditions
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 from time to time.
5. Limitation of Liability
5.1. Except where prohibited by law, in no event will CMIT 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.
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.
Part B – Additional terms applying to Purchasers
These Terms and Conditions (‘Terms’) apply to the provision of CMIT courses as advertised on www.cmit.ie (the ‘Website’). Please read these Terms carefully before enrolling on a course.
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 on the Website, giving us your payment information and submitting the details to us. Enrolment can also take place by telephone, this will involve you giving us details of the course you wish to study, giving us your payment details and agreeing to proceed with the purchase. ‘Services’ means (i) the provision of the Course Materials in paper, electronic format or other format where that option applies; and (ii) the provision of tutorial and other 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.
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 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.
10.4. Once enrolled on a course a learner may decide to cancel their enrolment. This must be done in writing. Any request to refund course fees paid must be received within 14 days of purchase. Course fees are non-refundable once a learner commences a course (i.e., has logged in to the course page). There is an administration fee of eur60/£50 which will not be refunded in the event of a cancellation. If a learner is paying by instalments, and 14 days since purchase has elapsed or the learner has commenced the course, 60 days’ notice must be given in writing of the intention to cancel. Instalment payments will continue to be payable during this notice period.
10.5 Where courses are in physical format and sealed, seals must not be broken for a refund to apply. The learner must return all Course Materials in their original condition to CMIT and pay for costs of returning these materials to CMIT.
10.6. If you are eligible for a refund of course fees CMIT will re-credit the course fees (less the administration fee as stated above), within 14 days of receiving the notice of cancellation.
10.7. Learners must meet the pre-requisites as detailed on each course page, and provide CMIT with necessary proof of relevant pre-requisites within two weeks of enrolment.
10.8. Learners on programmes whose duration exceeds 3 months and who have not logged on for 90 days or more, will be deemed inactive and removed from their course.
10.9. CMIT are not responsible for keeping copies of coursework for learners who do not complete within the course timeframe or for inactive learners.
11. Transferring to another Course
11.1. Enrolled Students are allowed transfer to another course, of their choice, provided that: Such requests are made in writing (by email or post) within 30 days of enrolment, that additional Course Fees (if any) have been paid in full, and that the original course material is returned in its original condition. There is an administration charge of Eur60/£50 for transferring to another course.
11.2. Please note that CMIT will not allow Students to transfer a purchased course, to another person.
12. Quality of the services
12.1. 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.
12.2. 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.
13. Payment by you of the Course Fee
13.1. 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.
13.2. Students who withdraw from their programme and have not completed all payments for their course remain liable to pay the full course fees.
13.3. CMIT reserves the right to withhold applications for certification for students with an outstanding balance of fees
13.4. The current course fee for any course at any given time will be displayed on the Website.
13.5. 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.
13.6. The time allowed to complete each course is detailed on this website. Extension to this time may be requested but are allowed at the sole discretion of the college. There may be an additional charge for this.
13.7. Instalment arrangements are not available for overseas students, sponsors or employers. Instalment fees will be collected on the agreed dates in the instalment plan. If the college is unable to collect instalment payments, students access to the course and tuition will be suspended, unless satisfactory payment arrangements are made. The entire course fee remains payable even if the student withdraws from the course. For further information regarding refunds please see section 10.3-10.4.
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. Assessments must be completed to the required standard in order to receive an award/certificate. Learners may be requested to re-submit their assessments if their work does not meet the required standard. This may impact the learner’s ability to complete the course within the specified time frame. Where a learner fails to meet the assessment criteria, following more than 2 resubmissions of their work, this may result in a ‘Fail’ grade.
14.3. 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.
14.4. CMIT uses software to determine plagiarism in students work. The college has a strict policy in relation to plagiarism, and if plagiarism is established, the penalties, which may be applied in who or in part, include resubmission of work (where the maximum grade awarded is a pass) or exclusion from the programme.
14.5. The cost of third-party examinations is not included in Course Fees unless specifically stated on this website. There is no cost for sitting your allocated QQI exam, however, if you do not sit your allocated exam, a re-sit fee of eur40 will be payable.
14.6. CMIT is not responsible for storing assessment documents or submitted files, where your allocated course time has expired and you have not completed all coursework, or where you have fully completed all assessments and have been certified for your course. It is the learner’s responsibility to keep a copy of their work.
14.7. Learners agree to CMIT’s Policy on the use of online messaging as described in the CMIT Information and Data Management Policy.
15.1. If you are not satisfied with any aspect of the services, please write to 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 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.
16.2. 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.
16.3. 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.
16.4. 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.
16.5. 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 CMIT) shall be limited to the amount of the course fee which has been paid or is payable by you or on your behalf.
16.6. 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.
17. Your Use of the Course Materials
17.1. In consideration of receipt by us of the course fee, we grant to you a non-exclusive, non-transferable licence for you to use the Course Materials for the sole purpose of non-commercial home or work use.
17.2. Save as expressly set out in these Terms, you may not modify, copy, reproduce, republish, 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.
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 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. 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.
19.1. These Terms are governed by and shall be construed in accordance with EU and 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.
19.2. 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.
19.3. The continued use of our services following any changes to the terms will mean that you accept such changes.