Swift Learn | Terms Of Use

In plain English:These are the rules for using Swift Learn's services — our learning platform, courses, and development work. They cover what you can expect from us, what we expect from you, and what happens if things go wrong.

1. Introduction

These Terms of Use (“Terms”) govern your use of services and products (“Services”) provided by Brainy Cheeks Ltd, operating under the brand Swift Learn (“we”, “our”, or “us”).

By accessing or using our Services, you agree to be bound by these Terms. If you do not agree, you must not use our Services.

If you are entering into these Terms on behalf of a company or other legal entity, you represent that you have the authority to bind that entity to these Terms, in which case “you” refers to that entity.

2. Services Description

2.1 Moodle Development Services

We provide custom Moodle Learning Management System (LMS) development services. Each development project is governed by a specific project agreement and requirements documentation, which take precedence over these Terms for that project.

2.2 Course Access

Our courses are accessible through swift1.co.uk. Access requires registration and is subject to these Terms and any specific course enrolment conditions.

2.3 Managed Moodle Hosting

We provide managed Moodle hosting services under separate Service Level Agreements (SLAs). The terms of any SLA take precedence over these Terms for the specific services covered.

2.4 Learning Design and Courseware

We provide learning design consultancy and off-the-shelf courseware licensing. Specific deliverables and licensing terms are set out in individual project agreements.

3. Account Terms

To access our courses and platform, you must register for an account on swift1.co.uk. You agree to:

Provide accurate, current, and complete information during registration
Maintain the security of your password and account credentials
Keep your account information up to date
Accept responsibility for all activities that occur under your account
Notify us immediately at support@swiftlearn.co.uk if you become aware of any unauthorised use of your account

Accounts are for individual use only and may not be shared with or transferred to another person. We reserve the right to suspend or terminate accounts that violate these Terms.

4. Acceptable Use

You agree not to use our Services to:

Upload, transmit, or distribute any content that is unlawful, harmful, threatening, abusive, defamatory, or otherwise objectionable
Attempt to gain unauthorised access to any part of the platform, other accounts, or connected systems
Interfere with or disrupt the platform's infrastructure or other users' access
Use automated tools (bots, scrapers, crawlers) to access the platform without our written consent
Reverse-engineer, decompile, or disassemble any part of the platform
Use the platform for any purpose that is unlawful or prohibited by these Terms
Share, redistribute, or publicly display course content without our written authorisation
Misrepresent your identity or affiliation with any person or organisation

We may suspend or terminate your access immediately if we reasonably believe you are in breach of this section.

5. Intellectual Property Rights

5.1 Course Content

All course materials, including text, graphics, video, audio, and interactive elements, are protected by copyright and other intellectual property laws. You are granted a limited, non-exclusive, non-transferable, revocable licence to access and use the content for personal or internal organisational learning purposes only.

You may not:

Copy, reproduce, modify, or create derivative works from the content
Record, screenshot, or share course materials externally
Remove any copyright, trademark, or proprietary notices
Transfer your access rights to another person
Use course content for commercial resale or redistribution

5.2 Custom Development

For bespoke Moodle development, intellectual property rights are specified in individual project agreements. Unless explicitly stated otherwise in writing:

Client-specific configurations and content developed exclusively for you are assigned to you upon full payment
Underlying frameworks, libraries, tools, and reusable components developed or owned by us remain our intellectual property, with a perpetual licence granted to you for use in connection with the delivered project
Pre-existing IP belonging to either party remains the property of that party

5.3 Our Brand

“Swift Learn”, our logo, and associated branding are trademarks of Brainy Cheeks Ltd. You may not use our branding without prior written consent.

6. Data Processing

6.1 Your Personal Data

Our collection and use of your personal data is governed by our Privacy Policy.

6.2 Client Learner Data

Where you engage us to host a Moodle platform and your learners' personal data is processed on that platform, we act as a data processor on your behalf under UK GDPR. In such cases:

A separate Data Processing Agreement (DPA) will be entered into
We will process learner data only on your documented instructions
We maintain appropriate technical and organisational security measures
We will notify you without undue delay of any personal data breach

If you are a client requiring a DPA, please contact us at support@swiftlearn.co.uk.

7. Payment Terms

7.1 Payment Methods

We accept payments via bank transfer and Stripe. Unless otherwise agreed in writing, payment is due in advance of service delivery.

7.2 Invoicing

For development and consultancy services, we invoice in accordance with the payment schedule set out in the applicable project agreement.

7.3 Subscriptions

Subscription services renew automatically unless you cancel at least 30 days before the renewal date.

7.4 Late Payment

If payment is not received by the due date, we reserve the right to:

Charge interest at 8% above the Bank of England base rate (in accordance with the Late Payment of Commercial Debts (Interest) Act 1998)
Suspend access to Services until payment is received
Recover reasonable costs of collection

7.5 Refund Policy

Refunds are available only in the following circumstances:

Development services: Only where no work has commenced
Courses: Only where course content has not been accessed
Hosting services: Pro-rata refund for unused whole months where we terminate for convenience

All refund requests must be submitted in writing to support@swiftlearn.co.uk.

8. Service Availability

We target 99% uptime for our hosted LMS platforms, measured monthly (excluding scheduled maintenance). Specific service levels are detailed in individual SLAs.

While we make every reasonable effort to ensure service availability, we do not guarantee uninterrupted access. Scheduled maintenance will be notified in advance where practicable.

9. Limitation of Liability

9.1

Nothing in these Terms excludes or limits our liability for:

Death or personal injury caused by our negligence
Fraud or fraudulent misrepresentation
Any liability that cannot be excluded or limited by applicable law

9.2

Subject to section 9.1, we shall not be liable for:

Any indirect, incidental, special, consequential, or punitive damages
Loss of profits, revenue, anticipated savings, data, business, or business opportunity
Loss of goodwill or reputation

9.3

Subject to section 9.1, our total aggregate liability shall not exceed the total fees paid by you to us in the 12 months immediately preceding the event giving rise to the claim, or £5,000, whichever is greater.

10. Indemnification

You agree to indemnify and hold us harmless from any claims, losses, damages, liabilities, and expenses (including reasonable legal fees) arising out of:

Your breach of these Terms
Your use of the Services in violation of applicable law
Content you upload or distribute through our platform
Your violation of any third-party rights

11. Force Majeure

Neither party shall be liable for any failure or delay in performing its obligations where such failure or delay results from circumstances beyond that party's reasonable control, including natural disasters, pandemic, war, government actions, power failures, internet outages, or cyberattack.

If a force majeure event continues for more than 90 days, either party may terminate the affected Services by written notice.

12. Variation

We may update these Terms from time to time. Where changes are material, we will notify you by email at least 30 days before the changes take effect and post the updated Terms on our website.

Your continued use of the Services after the effective date constitutes your acceptance of the revised Terms.

13. Termination

13.1 Termination by Us

We may terminate or suspend your access immediately for material breach, or with 30 days' written notice for any other reason.

13.2 Termination by You

You may terminate your subscription or account with 30 days' written notice to support@swiftlearn.co.uk.

13.3 Effect of Termination

Upon termination:

Your access to the platform and course content will cease
We will provide a reasonable period (not less than 30 days) for you to export any data you are entitled to
Any outstanding fees remain payable
Clauses that by their nature should survive termination will continue to apply

14. Dispute Resolution

In the event of any dispute:

The parties will first attempt to resolve the matter through good-faith negotiation within 30 days
If negotiation fails, the parties will attempt mediation administered by the Centre for Effective Dispute Resolution (CEDR)
If mediation fails within 60 days, either party may commence court proceedings

15. Governing Law and Jurisdiction

These Terms are governed by and construed in accordance with the laws of Scotland. Subject to the dispute resolution process in section 14, any disputes shall be subject to the exclusive jurisdiction of the Scottish courts.

16. General

Entire agreement: These Terms, together with any applicable SLA, project agreement, or DPA, constitute the entire agreement between you and us
Severability: If any provision is found to be invalid, the remaining provisions shall continue in full force
Waiver: No failure or delay in exercising any right shall constitute a waiver of that right
Assignment: You may not assign your rights without our prior written consent. We may assign to an affiliate or successor entity
Third-party rights: These Terms do not confer any rights on any person other than the parties
Notices: Notices must be sent by email to the addresses specified in these Terms