1.1 The following definitions apply:
"Agreement" means this agreement and constitutes the entire understanding between the
Company and the Customer with respect to the subject matter of this Agreement and supersedes
all prior agreements, negotiations and discussions between the parties relating to it unless
agreed otherwise in writing between the parties.
"Business Day" means any day which is not a Saturday, Sunday or public holiday in Ireland.
"Commencement of the Services" means, in relation to video training, that the service starts
once a user logs into the learning management system and/or attends one of the course
"Company" means Night Mountain Ltd t/a UX Design Institute.
"Customer" means the person, firm or corporate body together with any company which is
related to the Customer within the meaning of Section 599 of the Companies Act 2014 that
accesses the Website and/or to whom the Company provides the Services to.
"Intellectual Property" means patents, trademarks, service marks, rights (registered or
unregistered) in any designs, applications for any of the foregoing, trade or business
names, copyright (including rights in computer software), secret formulae and processes,
other proprietary knowledge and information, internet domain names, rights protecting
goodwill and reputation, database rights (including rights of extraction) and all rights and
forms of protection of a similar nature to any of the foregoing or having equivalent effect
anywhere in the world and all rights under licences and consents in respect of any of the
rights and forms of protection mentioned in this definition (and "Intellectual Property
Rights" shall be construed accordingly).
"Normal Business Hours" means 09.00 to 17.00 local Irish time, each Business Day. These are
the hours that support will be provided in.
"Products" means online training products available for download or use through the
"Services" mean both offline training workshops and online video training.
"User" means an individual customer or individual person employed or contracted by a
corporate body who accesses the Services.
"User Licence" means a single licence to access the online training videos for use by no
more than one User. For the avoidance of doubt User Licences must not be shared under any
circumstances. They may be transferred only when approved and actioned by the Company.
"You" means the User and/or the Customer.
"Your" means the User's and/or Customer's.
"Website" means www.uxdesigninstitute.com
Please read carefully these terms and conditions ("Terms and Conditions") before using the
Website and Services. By accessing, using or downloading material from the Website or using
the Services, you agree to be bound by these Terms and Conditions. You confirm that you are
of sufficient age to lawfully use the Website and Services, enter into a contract and to
create binding legal obligations for any liability you may incur as a result of your use of
the Website and Services. The Customer hereby agrees to make payment in respect of the use
of the Services and all Products its User/s purchase through the Services. If you do not
agree to these Terms and Conditions, please do not use this Website and/or Services.
A hyperlink to these terms and conditions is prominently displayed at the bottom of the
Website homepage. A further link is provided immediately prior to payment.
Please note that the Terms and Conditions may vary from time to time without notice to you
and that your continued use of the Website and/or the Services following such change
constitutes your acceptance of the new Terms and Conditions. You should check these Terms
and Conditions for any changes each time you access the Website and we recommend that you
print off a copy of these Terms and Conditions as and when payments for the Services are
When you use the Services or send e-mails to us, you are communicating with us
electronically. We will communicate with you by e-mail or by posting notices on the Website.
For contractual purposes, you consent to receive communications from us electronically and
you agree that all agreements, notices, disclosures and other communications that we provide
to you electronically satisfy any legal requirement that such communications be in writing,
unless mandatory applicable laws specifically require a different form of communication.
To use some of the Services or features on the Website, you will need to register and
provide various personal details. Only registered Users are authorised to access the
restricted portions of the Website. As part of the registration process, you will create a
User name and password. Your User name will be your e-mail address. The Customer will ensure
Users are either the Customer himself/herself, their employees or agents and that each User
has a unique login. You must ensure that you keep your User name and password in a safe and
secure place and that you do not disclose them to anyone as you will be fully responsible
for all activities which occur under your User name and password. The course content and
access are non-transferable. Sharing, transferring or sublicencing your access to the course
is strictly prohibited. And the Customer acknowledges that sharing or transferring User
Licences will be deemed as a material breach of this Agreement which is not capable of
You agree to provide accurate and complete information when you register with, and as you
use, the Services ("Registration Data") in order to allow the Company to provide the
Services and retain records relating to same and to this end, you agree to update your
Registration Data to keep it accurate and complete. You agree that the Company may store and
use the Registration Data you provide for use in maintaining and billing payment to your
It is your responsibility to immediately notify us of any unauthorised use of your User name
and password or any other breach of security as soon as you become aware of it.
Bookings and payment
The payment options are prominently displayed on the Website. All amounts stated or referred
to in this Agreement shall be payable in Euro unless otherwise invoiced. On making a payment
through the Website, you will be required to submit your credit card information to us in
order to pay. Payments are non-refundable once the course has commenced.
We also accept payment by invoice and credit transfer. Customers wishing to pay by invoice
or credit transfer can fill out a form which is available on the Website or they can
telephone or email the Company. If Customers are paying via credit transfer, the payment
must be received within 10 days or the Services will be discontinued.
A Part-Payment Plan (paying in instalments) may be offered to certain customers. All payment
instalments must be made continuously and consecutively, and completed before the course
final assessment can be taken. If a payment instalment is not made within 7 days of
the due date, the Customer will lose access to the Services.
By choosing the Part Payment Plan, the customer acknowledges and agrees to enter into a
financing agreement with the Company for the Services provided. The Customer acknowledges
that non-payment or default on the Part Payment Plan may be reported to credit rating
bureaus, and it can negatively impact their credit rating. The Company reserves the right to
share information regarding the Customer's payment performance with credit reporting
When a booking is confirmed we will issue the booking confirmation. The reference numbers
included on the booking confirmation should be quoted in all enquiries, cancellation or
modification of the booking when you need to contact the UX Design Institute.
Prices for Products offered via the Services may change at any time, and the Services do not
provide price protection or refunds in the event of a price reduction or promotional
In certain jurisdictions, you may avail of a government funded education scheme to access
the Services free of charge to you. In the event You do not complete the course offered
under the Services as required under any such scheme, you will be liable to the Company for
the full cost of the Services availed of where the scheme does not provide payment as a
result of your failure to complete.
In relation to online video training, following the commencement of the Service, a User will
receive access to the Service for the following periods:
- Professional Diploma in UX Design - 12 months
- Professional Certificate in User Research - 8 months
- Professional Certificate in UI Design - 6 months
- Professional Certificate in Content Design - 4 months
- Certificate in UX Design Fundamentals - 3 months
- Certificate in Software and Coding Fundamentals for UX - 3 months
Once the period has elapsed, the user will no longer have access to the Service. If access
is required after the period has elapsed, Users must pay a fee for each additional month of
Company will provide email and live chat support during Normal Business Hours on Business
Days. You may request support at
or through our live chat function.
Company will use commercially reasonable endeavours to ensure the Services are available 24
hours a day, seven days a week, except for:
(a) Planned maintenance carried out; and
(b) Un-scheduled maintenance performed outside Normal Business Hours, provided that the
Company has used reasonable endeavours to give the Customer at least 2 Normal Business
Hours' notice in advance.
Career support is available to graduates of the Professional Diploma in UX Design for 12
months after their graduation date.
Cooling off period
You are entitled to a cooling-off period of 14 days which begins on the day that the
contract is concluded between You and the Company. In the case of online video training, the
cooling-off period expires once the Service commences. During the cooling-off period, you
can cancel the contract without incurring charges or penalties.
You must inform the Company of the decision to cancel in writing by email. There is no
requirement to give a reason for cancelling. Upon cancellation, the Company will repay all
payments you made within 14 days.
Cancellation and termination policy
In relation to offline training workshops, bookings can only be cancelled in writing
In relation to offline training workshops, cancellations within 10 working days of the
training start date will be charged the full course fee. Cancellations within 11 – 20
working days of the training start date will be charged 50% of the course fee. Cancellations
within 21 – 28 working days of the training start date will be charged 25% of the course
fee. Cancellations more than 28 working days in advance of the course will incur no charge.
Following commencement of the offline training workshop, there will be no refund.
In relation to online video training, cancellation is not possible following commencement of
the Services and/or 14 days after registering for the Services.
Intellectual property rights
The Website contains information, including, without limitation, all text, graphics,
photographs, graphs, designs, sounds, data, images, audio, video, page layouts and headers,
software (including HTML and other scripts), buttons, and other icons, trademarks and the
arrangement and compilation of this information (collectively, the "Information") that is
either owned or licensed by the Company.
You acknowledge and agree that Company and/or its licensors own all Information and
Intellectual Property Rights in the Website, Services and the Products. Except as expressly
stated herein, this Agreement does not grant You any rights to, under or in, any patents,
copyright, database right, trade secrets, trade names, trade marks (whether registered or
unregistered), or any other rights or licences in respect of the Website, Services or the
Products. To the extent that any modifications or improvements to the Website, Services
and/or the Products are carried out under or in connection with this Agreement, whether by
Company alone or jointly with You, and whether based on Your ideas or suggestions from, all
Intellectual Property Rights to such underlying ideas and in any resulting improvement or
modifications shall be assigned to and shall vest with and be solely owned by Company and/or
If you post content or submit material on the Website, and unless otherwise indicated, you
grant us a non-exclusive, royalty-free and fully sub-licensable and transferable rights to
use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute,
and display the content throughout the world in any media.
The Website is made available for personal use and you are not permitted to change,
transfer, copy, store, publish, rent, licence, sell, distribute or create derivative works
in any way any of these Intellectual Property Rights.
Subject to your compliance with these Terms and Conditions, Company grants you a worldwide,
non-exclusive and non-transferable right to use the Website. You may view, and print word
documents and portable document formats (PDF's) incorporated into the Website solely for
your personal, non-commercial use. Downloading video material is strictly forbidden and will
result in termination of the Customer's subscription. The information may not be
transferred, shared with or disseminated with anyone for any purpose that is inconsistent
with the purpose of the Website or to facilitate unfair competition with the Website, or for
any purpose that is inappropriate or unlawful under Irish law and international law.
You may not resell, redistribute, broadcast or transfer information or use the information
in a searchable, machine readable database or file except through the authorised access to
the Website. Unless separately and specifically authorised in writing by the Company, you
may not rent, lease, sublicence, distribute, transfer, copy, reproduce, publicly display,
publish, adapt, modify, create derivative works, store or time-share the Website, any part
thereof, or any of the Information received or accessed therefrom to or through any other
person or entity.
You agree to use the Website for lawful purposes only. You agree not to post or transmit any
information through the Website or associated websites which (a) infringes the rights of
others or violates their privacy or publicity rights, (ii) is unlawful, threatening,
abusive, defamatory, libellous, vulgar, obscene, profane, indecent or otherwise
objectionable, (c) is protected by copyright, trademark or other proprietary right without
express written permission of the owner of such right, (d) contains unauthorised or
malicious software such as viruses. You shall be solely liable for any damages resulting
from your infringement of any copyright, trademark or other proprietary right, or any other
harm caused by your use of the Website or information.
You agree to indemnify and hold the Company, its subsidiaries, officers, agents and other
partners and employees, harmless from and against all third party claims, suits, demands and
actions and for resulting damages, awards of damages, losses, costs, expenses and
liabilities (including any regulatory fines and legal and professionals' fees on an
indemnity basis) that result or arise from your use of the Website or breach of these Terms
Limitation of liability
Nothing in this Agreement limits or excludes liability of either party in respect of any
claims for death or personal injury caused by negligence, fraud or any other liability which
cannot be excluded or limited by law.
To the maximum extent permitted by applicable law, Company will not have any liability to
You for any lost profits, loss of business, loss of data, loss of use, loss of goodwill, or
for any indirect, special, incidental, punitive, or consequential damages of any kind
however caused and under any theory of liability whether or not Company has been advised of
the possibility of such.
Subject to clause 11.1 and 11.2, in no event whatsoever shall the aggregate liability of
Company, whether arising for breach of contract, misrepresentation (whether tortuous or
statutory), tort (including negligence), breach of statutory duty, warranty, strict
liability or any other legal theory howsoever arising, under or in connection with this
Agreement exceed 100% of the payments made by You.
Use of the Services requires: (i) compatible devices; (ii) internet access; (iii) certain
software (for which fees may apply); (iv) may require periodic updates; and (v) may be
affected by the performance of these factors. High speed internet access is strongly
recommended for regular use and is required for video. The latest version of required
software is recommended to access the Services and may be required for certain transactions
or features and to download Products previously purchased from the Services. You agree that
meeting these requirements, which may change from time to time, is your responsibility. The
Services are not part of any other product or offering, and no purchase or obtaining of any
other product shall be construed to represent or guarantee you access to the Services.
You acknowledge and agree that no warranties of any kind are made with respect to the
Website or information and you acknowledge that the Website and Information are provided to
you on an "as is, with all faults" basis.
Certain Products and Services may include materials from third parties. Company may provide
links to third-party websites as a convenience to you. You agree that the Company is not
responsible for examining or evaluating the content or accuracy and the Company does not
warrant and will not have any liability or responsibility for any third-party materials or
websites, or for any other materials, products, or services of third parties. You agree that
you will not use any third-party materials in a manner that would infringe or violate the
rights of any other party and that the Company is not in any way responsible for any such
use by you.
Company does not guarantee, represent or warrant that your use of the Services will be
uninterrupted or error-free and you agree that from time to time the Company may remove the
Services for indefinite periods of time, or cancel the Services at any time, without notice
to you. No warranty is made that the Services will meet Customer's requirements.
All warranties, conditions and other terms implied by statute or common law are, to the
fullest extent permitted by law, excluded from this Agreement.
The contractual rights which you enjoy by virtue of the Sale of Goods Act, 1893 (as amended)
and the Sale of Goods and Supply of Services Act, 1980 are in no way prejudiced by anything
contained in these terms and conditions, save to the fullest extent permitted by law.
in respect of any personal data it may process as a result of Services.
Company shall use reasonable efforts to protect information (excluding any personal data)
submitted by you in connection with the Services, but you agree that your submission of such
information is at your sole risk and the Company hereby disclaims any and all liability to
you for any loss or liability relating to such information in any way.
You are advised to safeguard important data, to use caution and to not rely in any way on
the correct functioning or performance of the Services in respect of such data.
Each party agrees and undertakes that during the term of this Agreement and thereafter it
shall keep confidential and shall not use for its own purposes, nor without the prior
written consent of the other party disclose to any third party, all information of a
confidential nature (including, without limitation, information relating to a party's
products, operations, processes, plans or intentions, product information, know-how, design
rights, trade secrets and information of commercial value) which may become known to that
party from the other party (Confidential Information), unless the information is public
knowledge or already known to that party at the time of disclosure or subsequently becomes
public knowledge other than by breach of this Agreement or subsequently comes lawfully into
the possession of that party from a third party.
To the extent necessary to implement the provisions of this Agreement, each party may
disclose Confidential Information to those of its employees as may be reasonably necessary
or desirable, provided that before any such disclosure each party shall make those employees
aware of its obligations of confidentiality under this Agreement and shall at all times
procure compliance by those employees with them.
The failure or delay by the Company to exercise or enforce any rights hereunder shall not be
deemed to be a waiver of any such right nor operate so as to bar the exercise or enforcement
thereof at time or times thereafter.
If any provision (or part of a provision) of this Agreement is found by any court or
administrative body of competent jurisdiction to be invalid, unenforceable or illegal, the
other provisions shall remain in force. If any invalid, unenforceable or illegal provision
would be valid, enforceable or legal if some part of it were deleted, the provision shall
apply with whatever modification is necessary to give effect to the commercial intention of
Unless otherwise expressly provided, no provision of this Agreement is intended or shall be
construed to confer upon or give to any person or entity other than Company and You any
rights, remedies or other benefits under or by reason of this Agreement.
The headings used in these Terms and Conditions are for convenience only and shall not
affect the meaning or scope of these Terms and Conditions or otherwise be given other legal
These Terms and Conditions shall be governed by and construed in accordance with the laws of
Ireland. You hereby agree that the courts of Ireland shall have exclusive jurisdiction to
hear and determine any suit, action or proceedings that may arise out of or in connection
with these Terms and Conditions and/or services and for such purposes irrevocably submits to
the jurisdiction of such courts.
You agree that Company shall carry no responsibility for non-fulfilment or delayed
fulfilment of the Services owing to a force majeure event, including but not limited to,
war, acts of terrorism, riots, civil unrest, intervention by government or public
authorizes, fire, strike or lock-out, export and/or import bans, failure in
telecommunications services and networks, shortage of labour, fuel or power or any other
cause beyond the control of us which may delay or impede the Services.
You agree that no joint venture, partnership, employment, or agency relationship exists
between you and Company as a result of these Terms and Conditions or your use of this
If any part of these Terms and Conditions is determined to be invalid or unenforceable, then
the invalid or unenforceable provision shall be deemed to be superseded by any such valid,
enforceable provision that most closely matches the intent of the original provision and the
remainder of these Terms and Conditions shall continue in effect.
Any notice or other communication to use in connection with the services shall be in writing
and shall be: (a) delivered by hand or sent by prepaid post to Night Mountain Ltd t/a UX
Design Institute, 17 Thorncliffe Park, Orwell Road, Dublin 14 (b) sent by email to
firstname.lastname@example.org; or (c) to such other address, as is from time to time notified
in these Terms.