Terms and Conditions
Introduction
These Terms and Conditions (“Agreement”) govern the use of all services and products (“Services”) provided by Brainy Cheeks Ltd. Swift Learn is a brand of Brainy Cheeks Ltd and all references to “Swift Learn,” “we,” “our,” or “us” in these terms refer to Brainy Cheeks Ltd, a company registered in Scotland. By accessing, purchasing, or using our Services, you agree to be bound by this Agreement. If you are entering into this Agreement on behalf of a company or other legal entity, you represent that you have the authority to bind such entity.
1. Services Description
Swift Learn offers various educational and training services and products, including but not limited to, online courses, webinars, downloadable content, and personalised training programs. The specific details of the Services to be provided will be described in the description of the service on our website or in a separate order form.
2. Account Registration and Use
Account Creation: You must register for an account to access certain Services. You agree to provide accurate, current, and complete information as may be prompted by any registration forms on the Website.
Account Responsibility: You are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer. You agree to accept responsibility for all activities that occur under your account or password.
3. Use of Services
Compliance: You agree to use the Services only for lawful purposes and in accordance with this Agreement.
Restrictions: You shall not (a) license, sublicense, sell, resell, transfer, assign, distribute, or otherwise commercially exploit or make the Services available to any third party; (b) modify or make derivative works based upon the Services; (c) create Internet “links” to the Service or “frame” or “mirror” any content on any other server or wireless or Internet-based device.
4. Payment Terms
Fees: You agree to pay the applicable fees for the Services as set forth on our website or as otherwise agreed in writing.
Renewal: Services provided on a subscription basis will automatically renew, unless you notify us of your decision to terminate your subscription at least 30 days before the end of the current subscription period.
Late Payment: Any late payments shall bear interest at the rate of 4% per annum above the Bank of Scotland’s base rate.
5. Intellectual Property Rights
Ownership: Swift Learn or its licensors own all rights, title, and interest in and to the Services, including all related intellectual property rights.
License to Customer: Swift Learn grants you a non-exclusive, non-transferable license to use the Services for your personal or internal business purposes.
6. Confidentiality
Each party agrees to retain in confidence all information disclosed by the other party pursuant to this Agreement that is designated as confidential or that, given the nature of the information or the circumstances surrounding its disclosure, reasonably should be considered as confidential.
7. Data Protection
Swift Learn will process any personal data in accordance with applicable data protection laws and our Privacy Policy.
8. Warranties and Disclaimers
Service Warranty: Swift Learn warrants that the Services will be provided in a professional and workmanlike manner.
Disclaimers: Except as expressly provided herein, the Services are provided “as is” without warranty of any kind, either express or implied.
9. Limitation of Liability
In no event shall Swift Learn’s aggregate liability exceed the amounts actually paid by and/or due from you in the twelve (12) month period immediately preceding the event giving rise to such claim.
10. Termination
Either party may terminate this Agreement upon notice if the other party materially breaches the Agreement and fails to cure such breach within thirty (30) days from notice.
11. Governing Law and Jurisdiction
This Agreement shall be governed by and construed in accordance with the laws of Scotland, without regard to its conflict of laws rules. Any legal suit, action, or proceeding arising out of, or related to, this Agreement shall be instituted exclusively in the courts of Scotland.
12. General Provisions
Entire Agreement: This Agreement constitutes the entire agreement between you and Swift Learn regarding your use of the Services.
Amendment: Swift Learn reserves the right to amend this Agreement at any time by posting a revised version on our website.
Severability: If any provision of this Agreement is held to be invalid or unenforceable, such provision shall be struck and the remaining provisions shall be enforced.
By using any of the Services provided by Swift Learn, you acknowledge that you have read, understood, and agree to be bound by this Agreement. If you do not agree to these terms, do not use Swift Learn’s Services