These Terms and Conditions are the contract between you and Momentum Growth Group Limited T/A IT
Career Swap (“us”, “we”, “our”, etc.). By visiting or using Our Website, you agree to be bound by them.
These Terms and Conditions are based on a set written by Momentum Growth Group Limited T/A IT
Career Swap and released under licence. They serve to protect your rights as well as ours.
We are: Momentum Growth Group Limited T/A IT Career Swap, a company registered in England and
You are: Anyone who uses Our Website or purchases Our Products and/or Services
Please read this agreement carefully and save it. If you do not agree with it, you should leave
Our Website immediately.
In this agreement:
“Code Institute” means one of the organisations responsible for the delivery and development
of the Course Materials
“Consumer” means an individual acting outside the course of business
“Content” means any content in any form published on Our Website by us or any third party
with our consent
“Continuous Payment Authority” means your written authority for us to take payments from
your bank account or credit card in-order to pay the Course Fees
“Course” means any Course, unit or units of learning you buy from us
“Course Fee/s” means the total amount payable by you for the Service or Product
“Course Materials” means all material provided by us and/or any of our Code Institutes or
course providers to you following your Enrolment, which shall include, but is not limited to:
online learning materials – including login passwords; and online mentoring and tutoring
“Course Provider” means any of our Course manufacturers who provide our online training
“Course Rules” means and shall include any rules, regulations, standards, policies, codes,
charters and guidelines prescribed and/or endorsed by the Code Institutes as enforced from
time to time
“Credit Agreement” means a loan contract agreed with our Lending Partner
“Enforce” means the Lender resorting to a court of law for an order directing you to pay
“Enrolment” means your enrolment in a Course
“Enrolment Date” means the date on which we confirm your Enrolment or such other date as
determined by us
“Guarantee” means the written instrument that sets out the terms of an indemnity
“Indemnity” means a Guarantee or undertaking given by Momentum Growth Group Limited T/A IT Career
Swap to its Lending Partner
“Intellectual Property Rights” means patents, rights to inventions, related rights and copyright
, trademarks, business names and domain names, rights in get up, goodwill and the right to
sue for passing off, rights in designs, database rights, rights to use, and protect the
confidentiality of, confidential information – including know how, and all other intellectual
property rights, in each case whether registered or unregistered and including all applications
and rights to apply for and be granted, renewals or extensions of, and rights to claim priority
from, such rights and all similar or equivalent rights or forms of protection which subsist or will
subsist now or in the future in any part of the world
“Interest Free” means that there is no interest cost for credit provided under a Credit
“Learning Portal” means an online gateway to Courses, Resources and other Learning
Materials which facilitate e-learning
“Lending Partner” means Partial.ly or any other lending institution that may be suggested by
Momentum Growth Group Limited T/A IT Career Swap from time to time
“Online Learning System” means an internet based system hosted by one of our Code
Institutes, for delivery and management of the Course and the system may include, but not
limited to, online learning materials, online mentoring and tutoring and online assessments
and the Momentum Growth Group Limited T/A IT Career Swap website
“Order” means an offer by you to purchase Products or Services in accordance with these
“Our Website” means any website of ours, as well as those controlled by us
“Payment Default” means one payment overdue under a Credit Agreement through Partial.ly or
Momentum Growth Group Limited T/A IT Career Swap arranged under a credit option to pay for the
Course Materials. If we have to pass to an external company for non payment, extra fees might be incurred.
“Post” means publish, distribute, transmit, display, exhibit and/or disclose information,
Content and/or other material on to Our Website, and the phrases “Posted” and “Posting”
shall be interpreted accordingly
“Products or Services” means any of the products or services we offer for sale on Our
Website, or, if the context requires, products or services we sell to you
“Registration” means your official registration with Momentum Growth Group Limited T/A IT Career Swap ,
which is usually the day that the Order is made
“Service” means the provision of the Course by us and/or any of our Code Institutes
“Student” means a single user to any of the Online Learning Systems by a unique username
and protected by a user selected password
“Terminate” means, in respect of the subject matter where it is referred to, to foreclose a
Credit Agreement and demand full payment of all amounts due under it; and also refers to the
foreclosure of any contract between you and Momentum Growth Group Limited T/A IT Career Swap
“Terms” means the Terms and Conditions set out in this document
In this agreement unless the context otherwise requires:
a reference to a person is a reference to one or more individuals, whether or not formally in
partnership, or to a corporation, government body, or other association or organisation;
these terms and conditions apply to all supplies of products and/or services by us to any
customer. They prevail over any terms proposed by you;
any agreement by any party not to do or omit to do something includes an obligation not to
allow some other person to do or omit to do that same thing;
except where stated otherwise, any obligation of any person arising from this agreement may
be performed by any other person;
in this agreement references to a party include references to a person to whom those rights
and obligations are transferred or passed as a result of a merger, division, reconstruction or
other re-organisation involving that party;
the headings to the paragraphs and schedules (if any) to this agreement do not affect the
a reference to an act or regulation includes new law of substantially the same intent as that
act or regulation;
in any indemnity, a reference to costs or expenses shall be construed as including the
estimated cost of management time of the indemnified party;
these terms and conditions apply in any event to you as a buyer or prospective buyer of our
products or services and so far as the context allows, to you as a visitor to Our Website;
this agreement is made only in the English language. If there is any conflict in meaning
between the English language version of this agreement and any version or translation of this
agreement in any other language, the English language version shall prevail;
OUR CONTRACT WITH YOU
These Terms and Conditions, and the Continuous Payment Authority if applicable, contain
the entire agreement between the parties and supplants all previous agreements and
understandings between the parties.
Each party acknowledges that, in entering into this agreement, he does not rely on any
representation, statement, promise, assurance, warranty, information or document or other
term not forming part of this agreement.
If you use Our Website in any way and make an order on behalf of another person you
warrant that you have full authority to do so and you accept personal responsibility for every
act or omission by you.
Because we rely on our suppliers, We do not guarantee that products or services advertised
on Our Website will be available. We may change these terms from time to time if necessary.
The terms that apply to you are those posted here on Our Website on the day you order/
purchase products or services.
The price of products or services may be changed by us at any given time. We will never
change a price so as to affect the price charged to you at the time when you buy/bought
those products or services.
If at any time, you buy products or services from us under any arrangement which does not
involve your payment via Our Website; these terms still apply so far as they can be applied.
We have the right to revise and alter these Terms and Conditions from time to time. You will
that you order/ purchase the products or services from us, unless any change to the Privacy
Policy or Terms and Conditions is required by law or government or regulatory authority. In
such a case, it will apply to orders that were previously placed but not yet fulfilled.
ensure that the Terms of the Order are complete and accurate;
cooperate with us in all matters relating to the Service;
provide us with such information and material as we may reasonably require in order to
supply the Service, and ensure that such information is accurate in all material respects;
If the performance of any of Our obligations is prevented or delayed by any act or omission by
You or failure by you to perform any relevant obligation – “Default”:
we shall, without limiting our other rights or remedies, have the right to suspend performance
of the Service until you remedy the Default, and to rely on the Default to discharge us from
the performance of any of our obligations to the extent that the Default prevents or delays
performance of any obligation; and
we shall not be liable for any costs or losses sustained or incurred by you arising directly or
indirectly from your failure or delay to perform any of your obligations set out in this clause;
You shall repay us on written demand for any costs or losses sustained or incurred by Us
arising directly or indirectly from any Default.
ACCEPTANCE OF YOUR ORDER
Your order is an offer to purchase from us. Nothing said or done by us is an acceptance of an
order until we confirm acceptance in writing, referring to the order.
A quotation shall be valid for a period of fourteen (14) calendar days from the date of issue,
unless we notify you in writing that we have withdrawn the quotation during this period.
We shall accept your order by e-mail confirmation. This is when our contract is made. Our
message will also confirm details of your purchase and the accompanying information for
delivery of the products or services.
You confirm that you and only you are solely responsible for ensuring that you possess the
necessary skills and experience required to enrol in a specific Course and that you will
comply with the Course Rules.
If we do not have all the products or services you order in stock, we will offer you alternatives.
If this happens you may:
cancel all or part of your order;
accept the alternatives we offer.
Your Enrolment Date is the date your Online Learning System login details are delivered to
Your Enrolment will be limited to the period specified for your Course or training package;
commencing on the Enrolment Date.
Extensions to your Enrolment are available on most courses for an additional fee.
Your confirm that you understand any and all pre-requisite experience or skills applicable to
your proposed Course and examination. You acknowledge and agree that your Enrolment
and continued participation in a Course is subject to you complying and continuing to comply
with the Course Rules.
Momentum Growth Group Limited T/A IT Career Swap provides you with the option to pay your Course
Fees by fixed and equal monthly instalments under an Interest Free Credit Agreement. This
credit will be extended to you at an interest rate of 0% over an agreed term of normally no
longer than 8 months. Longer term credit can be provided through Lending Partners.
If you would like to apply for the longer-term credit option, please contact us on
firstname.lastname@example.org to discuss an introduction to one of our Lending Partners.
The Terms and Conditions of this contract, which concern the provision of the Course
Materials and Service, are separate from those within the Credit Agreement.
If you choose to move forward with the credit option and you have signed the Credit
Agreement, you will have fourteen (14) days to change your mind and withdraw from the
Credit Agreement. In the event that you decide to withdraw from the Credit Agreement, you
will then need to make payment using another method.
Payment via a Credit Agreement will not affect the Terms and Conditions that form this
Any failed monthly instalment relating to a Credit Agreement will incur a charge of £15.
We reserve the right to withdraw admittance to interest free payments and demand payment
in full at any time.
In the event of extended failure to pay, we will refer the debt to a third party debt collection
agency, who may then add additional fees and charges.
If you are a Student and finding it difficult to maintain your payments, please contact your
Account Manager on (0203 982 7573). We will try to offer you a debt counselling option,
which may include a settlement option or extended monthly repayments. We reserve the right
to deal with such on a case-by-case basis.
SECURITY OF YOUR CREDIT CARD
We strive to ensure that Our Website is safe for you to use.
Card payments are not processed through pages controlled by us. We use one or more
online payment service providers who will encrypt your card or bank account details in a
Online payments for purchases made directly through Our Website are handled via PayPal,
Stripe and Partial.ly. These organisations comply with all required laws, regulations and correct
We are registered with SecurityMetrics which provides Us with fully supported PCI DSS
(Payment Card Industry Data Security Standard) compliance certification. Should you wish to
request a copy of Our compliance certificate, please contact us on email@example.com
PRICE AND PAYMENT
The price payable for the products or services that you order is clearly shown on Our
Payment for all Courses must be made in advance by credit card or debit card, or in
accordance with the Continuous Payment Authority. We accept payment via Visa, Visa Debit,
MasterCard and American Express. We currently also accept payment via bank transfer,
PayPal and Direct Debit Mandate.
The Course Fees will be shown in the quotation provided by Us to You. If we have not, for
any reason, provided you with a quotation or the quotation has expired, the Course Fees will
be determined by the price list in force at that specific time. Prices may be altered at any time,
but price changes will not affect any orders that have been confirmed by Us in writing.
It is possible that the price may have risen from that posted on Our Website. If that happens,
we will not despatch the products or services until you have confirmed that you want to buy at
the new price.
Prices will include UK value added tax (“VAT”). If you show that you reside outside the United
Kingdom, VAT will be deducted at the payment point. If the rate of VAT changes between the
date of the Order and the Enrolment Date, the amount of VAT payable will be adjusted unless
you have already paid for the Course in full before the change in the rate of VAT takes effect.
Bank charges by the receiving bank on payments to us will be accepted by us. All other
charges relating to payment in a currency other than pounds Sterling (£) will be borne by you.
Any information given by us in relation to exchange rates are approximate only and may vary
from time to time.
If, by mistake, we have under-priced products or services, we will not be liable to supply those
products or services to you at the stated price, provided that we notify you before we dispatch
it to you.
If we owe you money (for any reason), we will credit you/provide a refund as soon as
reasonably possible but in any event no later than the fourteen (14) days from the date when
we accept that repayment is owing.
When products or services are purchased in packages which include examinations, and there
is any form of financing agreement in place with Momentum Growth Group Limited T/A IT Career Swap
or any of Our Lending Partners, full payment must be completed prior to exam bookings
being made or authorised.
Without limiting any other remedies or rights that we may have, if you do not pay us on time:
we will charge an unpaid instalment fee of £30 for each missed instalment;
we may cancel the Continuous Payment Authority and require you to pay any outstanding
balance in full; or
terminate this agreement by giving you written notice and requiring you to pay all outstanding
amounts owing to us within fourteen (14) days of being notified of such in writing.
Should you have a payment dispute, please
contact firstname.lastname@example.org immediately and provide all relevant details relating to
Clause 3 and Clause 11 (including all sub-points) of this paragraph shall not apply for the
period of the dispute if you dispute the payment owing in good faith and let us know promptly
after receiving an invoice that you dispute it.
Subject to any exception stated or outlined in these Terms and Conditions or in any product
or service listing, Course Fees cover all Course Materials.
Upon termination of this agreement for any reason:
You shall immediately pay us all outstanding invoices and accrued interest. In respect of a
product or service supplied but for which no invoice has been submitted, we shall submit an
invoice which shall be payable by you immediately on receipt; and
You shall return all Course Materials that have not been fully paid for; and
The accrued obligations, rights, remedies and liabilities of the parties as at the expiry or
termination shall be unaffected, including the right to claim damages which existed at or
before the date of expiry or termination; and
Clauses which clearly or by implication survive termination will continue in full force and
CANCELLATION AND REFUNDS
This and the following paragraph apply if you buy as a consumer as defined in the Consumer
Contracts (Information, Cancellation and Additional Charges) Regulations 2013 (the
“Regulations”). Provided the Regulations apply to the transaction concerned, then the
following terms apply to the contract.
We now inform you that information relating to all aspects of our products or services are not
in this document but in our marketing material, whether that is in the standard of Our Website
or in hard copy.
The following rules apply to the cancellation of your order:
If you have ordered products or services, but not received them, you may cancel your order
without providing a reason, at any time within fourteen (14) days of your order. You will have
no responsibility and we will return your money.
If you have ordered products or services, and received them, you may cancel your order at
any time during the fourteen (14) days of the date you received them. If the product or service
has been received (login details sent) then all deposits will be non refundable.
If you wish to cancel your order, please contact us on email@example.com
We will return your money subject to the following conditions:
The products or services have not been accessed in such a way as to use them;
The products or services are faulty such as to not be fit for purpose;
The products or services do not comply with the published description;
You comply with our way for returns and refunds.
The option to cancel your order is not available if:
The products or services have been accessed, and utilised, beyond the login point;
The fourteen (14) day cancellation period has expired.
In any of the above scenarios, when applicable, we will return your money within fourteen
You may cancel your payment instalments at any time within fourteen (14) days of the date
you made your first payment to Us. However, if this is after fourteen (14) days, you are still
accountable for the outstanding balance and find an alternative form of payment.
Money Back Guarantee
Stipulations of the money back guarantee:
All training and final assessments deemed necessary must be passed inside of six months.
You must complete the Live Lab and successfully pass the required exams.
If the online training assessment is not passed within the first 3 attempts.
Failure to accept and sign any offered contract will mean that you are not entitled to any refunds
All monies owed must be paid in full.
Upon completion of the training/exams Momentum Growth Group Limited T/A IT Career Swap will
have 30 weeks to search/obtain you a contract/role/job opportunity within the IT field.
If the circumstances should arise and there happens to be a global recession, pandemic or other global issue which impacts recruitment processes or the global job market we will be inclined to extend our job interview search for up to 12 months
If no contract/role/job opportunity has been offered upon completion of the mandatory
training/assessments and 30 weeks has passed then Momentum Growth Group Limited T/A IT
Career Swap will refund all monies within 5-10 working days.
If Momentum Growth Group Limited T/A IT Career Swap has sourced 3 interviews for you
(telephone, video or face to face), you will not be entitled to a partial refund
If Momentum Growth Group Limited T/A IT Career Swap has sourced 3 interviews (telephone, video or face to face), with companies or agencies for you will only be entitled to a partial refund of £199.
If you have purchased an IT or Project Management package and opted to include official exams from CompTIA or Axelos within your package, you must take any examinations within the agreed students license period of 12 or 24 months from the initial Enrolment Date; unless otherwise agreed at the time of Enrolment
For the avoidance of doubt, you will not be able to request a refund of the course or examinations fees if you have sat an exam and are outside of your legal Consumer Rights and the Terms set out here relating to such. However, each individual circumstance will be considered and we may offer a partial refund depending on the circumstances.
For the avoidance of doubt, you will not be able to request multiple vouchers – we only supply one voucher per single exam in a series/ bundle. If you want to resit an exam it will incur an additional cost.
Any terms and/or conditions set by Cisco, Axelos, CompTIA, Microsoft and/or any other merchant, in respect of their examination guidelines, are also applicable. It is your responsibility to understand and adhere to those terms/ and or conditions.
To book an examination, you must contact a member of the Momentum Growth Group team to confirm that you want to book one. Before you book an exam and it is booked the appropriate assignment(s), practice papers and have achieved a pass rate of at least 80% in the in-house quiz before your exam is booked. To book an examination, and only where you have purchased the course with examination(s) costs included in your Course Fees, you must ensure that all payments to Momentum Growth Group Limited T/A Career Swap and/or ay authorised Lending Partner are/ have been paid in full or me the below requirements of the payment plan to sit your exam:
- Minimum of £800 must have been paid to sit one exam
- Minimum of £1200 must have been paid to sit your second exam
- Minimum of £1500 must have been paid to sit your third exam and any beyond this
If your account is in arrears or has yet been paid in full or to the simplified amounts, you will be unable to book your examination.
If you need to change your exam date after booking, you must let us know at least 48 hours before otherwise we cannot change the exam date.
Examination fees are charged at the price applicable at the time of your original order. In instances where an examination body increases the cost of the exam prior to you booking your exam, you will then be liable for any difference in this cost. Any difference in cost must be paid in full before you will be able to book your examination.
DELIVERY OF PRODUCTS AND SERVICES
Products or services are delivered within a maximum of 3-5 days from the day you place an
order to purchase the products or services.
Delivery of login details will be made to the email address provided in your order. You must
ensure that the email address you provide is correct.
If we are not able to deliver your products or services within 3-5 days of the date of your
order, we shall notify you by e-mail to arrange another date for delivery.
We may deliver the products or services in instalments if they are not all available at the
same time for delivery.
Products or services are sent at your own risk and we will not be held liable should incorrect
delivery details be provided to us.
If we agree with you to deliver on a certain day or time, we will do our best to comply. But no
time given is to be treated as contractual. So we are not liable to you for any expense or
inconvenience you incur on account of delayed delivery or non-delivery.
Some products or services are hosted on external sites belonging to the Code Institutes and
We cannot be held liable for any delays or issues caused by circumstances out of our direct
Time for delivery specified on the order, if any, is an approximation only and time shall not be
of the essence.
We have the right to make any change to the Service which is necessary to comply with any
applicable law or which does not materially affect the nature or quality of the Service.
We cannot supply equipment, computers, aids or software for a Student with a disability; or
for any other Student. However, we will endeavour to supply any information a Student
requires in terms of examination bookings and special needs.
Unless expressly stated, Course Materials and Course Fees do not include certification fees,
examination fees, personal stationery, special materials, texts or any other study related
material that you may elect to purchase.
The method of assessment varies between Courses and between training providers/Code
Institutes and may include online assessments and/or submission of written assessments – or
any combination. We reserve the right to change the mode of assessment applicable to any
Course at any time, including after your Enrolment. We will however, where applied, give you
reasonable notice of any change to the mode of assessment.
You are completely responsible for any costs and expenses related to accessing and/or
running the Course Material on any computer system. We highly recommend that before
enrolling on any Course, you confirm the compatibility of your computer system with the
published specifications for Course Materials for that Course.
LIABILITY FOR DEFECTS
Please examine the products or services received from us immediately upon receiving them.
Should you discover a fault or technical issue relating to our products or services or the
Online Learning System/Learning Portal, please report this to firstname.lastname@example.org and
include all relevant details. We will attempt to resolve such problems without excessive delay.
You agree to provide us with such diagnostic information as we may reasonably require in
order to resolve the issue/ fault.
Before reporting a fault or technical issue relating to our products or services, please carefully
re-read the provided instructions to ensure that you have followed the correct procedure.
Please carefully check the stated technical requirements on Our Website for our products and
services before placing an order. Failure to do so will not constitute a defect, fault or technical
When a fault or technical issue is confirmed, we will provide this information to the relevant
party to be resolved as soon as possible.
If any defect, fault or technical issue is found, we shall:
ensure rectification, where applicable;
provide the information to the relevant party for rectification, where applicable.
We will only provide a defect related refund should the following conditions apply:
the products or services are defective to the point of being unfit for purpose.
the products or services are proven to be of unacceptable quality.
Whilst we make reasonable efforts to ensure the accuracy of Course Materials, we do not
represent, warrant or guarantee that the Course Materials will be error free.
You acknowledge and agree that due to the rapidly evolving nature of information technology,
Course Materials may become outdated and/or incorrect at any time.
For the avoidance of doubt, we will not refund Course Fees on the basis that Course
Materials are not error free, accurate and/or up to date.
We shall have no responsibility or liability to you for your incapability to access the Online
Learning System/Learning Portal due to issues beyond our control, such as the speed of your
modem (or other connection devices used), your use of third party security software or
firewall/proxy servers, or the performance levels of your internet service provider.
We will reasonably endeavour to ensure that whilst you are enrolled on a Course, the Course
Materials will be available to you via the Online Learning System/Learning Portal on a
continuous basis save for:
unavailability due to Our or a Code Institutes scheduled maintenance of the Online Learning
System/Learning Portal; or
additional downtime measured on a monthly basis not exceeding 3% of all other time during
that month; or
an even outside of Our control.
CV REVIEWS AND REFERRALS TO RECRUITMENT PARTNERS
Our CV review is only available to Students who paid an additional fee for this particular
service, and have passed one of Our own internal examinations to prove their competency in
the course that has been studied.
Students who have elected for monthly instalment plans must have completed at least 50% of
their instalments before access to the CV review service is granted. Students have the option
to pay their balance off earlier in order to utilise this feature.
Our CV review service is a review only. We do not re-write the CV on your behalf. This
service provides advice and modifications recommendations only.
Students will not be put forward to one of Our recruitment partners if they have not passed
the internal exam.
TRANSFERRING AND EXCHANGING COURSES
If you purchase the Course as a Student, your Enrolment in a Course is personal to you and
you may not transfer the Course to any other person.
If you have purchased a Course on behalf of your company or organisation, and have
provided that company’s/organisation’s details to us, we may, at Our discretion, transfer your
Enrolment/s to other people within your company/organisation only. Please contact us on
email@example.com if you wish us to consider such a transfer.
We may at any time transfer, assign or deal in any other means with all or any rights under
this agreement and may subcontract or delegate in any manner any or all of Our obligations
to any third party or agent.
We, at Our sole and absolute discretion, may allow you to apply your Course Fees as a credit
against any other Course offered by Us, provided that all of the following conditions are
you notify us within seven (7) business days from your Enrolment Date of your desire to
transfer to an alternative Course;
the Course Fee for the alternative Course is equal to, or less than, the original Course Fee, or
you agree to pay Us the difference where the Course Fee for the alternative Course is higher
than the original Course Fee;
you consent to us incapacitating your login details to preclude continued access to any online
training Course Materials in respect of the original Course;
you agree and warrant that you have not made any copies of the Course Materials or
reproduced them in any way; and
you agree and warrant that you have destroyed any Course Materials which you downloaded
onto your computer system, or any other such device, as well as destroyed any hard copies
of Course Materials that you have gained through the original Course.
IT PACKAGES INCLUSIVE OF EXAMINATIONS AND RESIT FEES
Upon purchasing an IT package, you are registered into a 12 month subscription.
If you have purchased an IT package and opted to include examination fees and/or any resit
fees in your purchase price, you must take any examinations, including any necessary resits,
within the original agreed student license period of 6 months from the initial Enrolment Date;
unless otherwise agreed at the time of Enrolment.
For the avoid doubt, you will not be able to request a refund of the examination fees outside
of your legal Consumer Rights and the Terms set out here relating to such.
For the avoidance of doubt, you will not be able to request multiple vouchers – we will only
supply one voucher for a single exam in a series.
Any terms and/or conditions set by Cisco, CompTIA, Microsoft and/or any other merchant, in
respect of their examination guidelines, are also applicable. It is Your responsibility to
understand and adhere to those terms and/or conditions.
To book an examination, and only where you have purchased the Course with examination
costs included in your Course Fees, you must ensure that all payments to Momentum Growth Group
Limited T/A IT Career Swap and/or any authorised Lending Partner, are paid in full. If your
account is in arrears or has not yet been paid in full, you will be unable to book your
Examination fees are charged at the price applicable at the time of your original order. In
instances where an examination body increases the cost of the exam prior to you booking
your exam, you will then be liable for any difference in this cost. Any difference in cost must
be paid in full before you will be able to book your examination.
PRODUCTS OR SERVICES RETURNED
These provisions apply if you buy from us other than being a Student.
All points, conditions and procedures referred to in Paragraph 7 apply equally to the
cancellation and/or return of products and services purchased from Us by businesses and
organisations. This includes, and is not limited to, products and services purchased as
corporate training materials.
Before you return the products or services to us, please carefully re-read the instructions and
check that you have logged in correctly and complied with any and all provisions relating to
the usage requirements.
FOREIGN TAXES AND DUTIES
If you are not in the UK, we have no knowledge of, and no responsibility for, the laws in your
You are responsible for purchasing products or services which you are lawfully able to and for
the payment of import duties and taxes of any kind that may, or may not, be levied in your
The law differs from one country to another. This paragraph applies to sales throughout the
All implied conditions, warranties and terms are excluded from this agreement. If in any
jurisdiction an implied condition, warrant or term cannot be excluded, then this sub paragraph
shall be deemed to be reduced in effect, only to the extent necessary to release that specific
condition, warranty or term.
We make no representation or warranty for:
any implied warranty or condition as to merchantability or fitness of the products or services
for a particular purpose;
the adequacy or appropriateness of the products or services for your purpose.
We claim no expert knowledge in any subject. We disclaim any obligation or liability to you
arising directly or indirectly from information you take from Our Website.
You agree that in any circumstances when we may become liable to you, the limit of our
liability is the amount you have paid us in the immediately preceding 12 month period for the
specific products or services concerned.
We shall not be liable to you for any loss or expense which is:
an indirect or consequential loss; or
an economic loss or other loss of turnover, profits, business or goodwill, even if such loss was
reasonably foreseeable or we knew you might incur it.
This paragraph (and any other paragraph which excludes or restricts our liability) applies to
our directors, officers, employees, subcontractors, agents, partners and affiliated companies
(who may enforce this provision under the Contracts (Rights of Third Parties) Act 1999 /
Contracts (Rights of Third Parties) (Scotland) Act 2017, as well as to us.
If you become aware of any breach of any term of this agreement by any person, please
contact us on firstname.lastname@example.org and provide us with all details relating to the breach.
We welcome your input but do not guarantee to agree with your verdict.
We will do all we can to maintain access to Our Website, but it may be necessary for us to
suspend all or part of our service for repairs, maintenance or other good reasons. We may do
so without telling you first.
Nothing in this agreement excludes liability for a party’s fraud.
YOUR ACCOUNT WITH US
You agree that you have provided, and will continue to provide, accurate, up to date and
complete information about yourself. We require this information to provide you with the
requested products or services.
If you use Our Website, or any associated Learning Portals, you are responsible for
maintaining the confidentiality of your account and password and for preventing any
unauthorised person from accessing your account.
You agree to accept responsibility for all activities that occur under your account or password.
You should tell us immediately if you believe someone has accessed your account without
your authority and also login to your account and alter your password.
HOW WE HANDLE YOUR ACCOUNT CONTENT AND PERSONAL DATA
General Data Protection Regulation (GDPR).
You now irrevocably authorise us to publish your feedback, comments and ratings as posted
on any review sites including, but not limited to, Trustpilot. This is done via testimonials.
You understand that should you provide information or personal data relating to a third party,
you are personally responsible for this data. Should this constitute any form of breach of the
third party’s rights or of any laws, you will be liable for any legal recourse, relating to any law,
which may arise from this breach. We cannot take responsibility for the accuracy or legitimacy
of any information provided to us by any user of this site.
Please notify us of any security breach, unauthorised use of your account or unauthorised
provision of personal data. To report a breach of any kind, please contact us on
Personal data is only retained for as long as required to provide the desired products or
REMOVAL OF OFFENSIVE CONTENT
For the avoidance of doubt, this section is addressed to any person who visits or uses Our
Website for any purpose.
We are under no obligation to monitor or record the activity of any Student or visitor for any
purpose; nor do we assume any responsibility to monitor or police any Internet-related
activities. However, we may do so without notice to you and without giving you a reason.
If you are offended by any Content, the following procedure applies:
Your claim or complaint must be submitted to us at email@example.com and include all
information relating to the complaint;
after we receive notice of a claim or complaint, we shall investigate so far as we alone decide;
should we decide that the claim or complaint is justified and that we agree with your
judgement, we shall remove the offending Content as soon as we are reasonably capable;
the decision on whether or not to remove content from Our Website is solely ours; unless it
breaks any laws or official regulations.
We reserve the right to re-instate the Content about which you have complained if it was
removed but becomes necessary to re-instate.
In respect of any complaint made by you or any person on your behalf, whether correctly
reported or not, you now conclusively grant to us a licence to publish the complaint and all
ensuing correspondence and communication, without limit.
You now agree that if any complaint is made by you frivolously or vexatious you will repay us
the cost of our investigation including legal fees, if any.
SECURITY OF OUR WEBSITE
If you violate Our Website we shall take legal action against you.
You now agree that you will not, and will not allow any other person to:
Copy, modify or cause damage or unintentional effect to any portion of Our Website, or any
software used within it;
link to Our Website in any way that would cause the appearance or presentation of the site to
be different from what would be seen by a user who accessed the site by typing the URL into
a standard browser;
download any part of Our Website, without our express written consent;
collect or use any product listings, descriptions, or prices for any purposes other than those
intended by Us;
collect or use any information obtained from or about Our Website or the Content except as
intended by this agreement;
copy or duplicate in any manner any of the Content or information available from Our
Website, other than as permitted by this agreement or as is reasonably necessary for your
use of Our Website;
share with a third party any login credentials to Our Website;
Despite the above terms, we now grant a licence to you to:
create a hyperlink to Our Website for the purpose of promoting an interest common to both of
- You can do this without precise permission. This licence is conditional upon not portraying
us or any product or service in a false, misleading, derogatory or otherwise offensive manner.
You may not use any logo or other proprietary graphic or trademark of ours as part of the link
without our express written consent.
You agree to indemnify us against all claims, costs, and expense arising directly or indirectly
your failure to obey with the law of any country;
your breach of this agreement;
any act, neglect or default by any agent, employee, licensee or customer of yours;
a contractual claim arising from your use of the products or services;
a breach of the intellectual property rights of any person.
LIMITATION OF LIABILITY
Nothing in these Terms and Conditions shall limit or exclude Momentum Growth Group Limited T/A IT
Career Swap ’s liability for:
death or personal injury caused by its negligence, or the negligence of its employees, agents,
representatives or subcontractors;
fraud or fraudulent misrepresentation; or
breach of the terms implied by Section 2 of the Supply of Goods and Services Act 1982 –
Title and Quiet Possession
Momentum Growth Group Limited T/A IT Career Swap shall under no circumstances whatever be liable to
you, whether in contract, tort – including negligence, breach of statutory duty – or otherwise,
for any loss of profit, or any indirect or consequential loss arising under or in connection with
the Terms and Conditions.
Momentum Growth Group Limited T/A IT Career Swap ’s total liability to you in respect of all other losses
arising under or in connection with the Terms and Conditions, whether in contract, tort –
including negligence, breach of statutory duty, or otherwise – shall in no circumstances
exceed the value of the Course Fees paid by You.
The terms implied by Sections 3 to 5 of the Supply of Goods and Services Act 1982 are, to
the fullest extent permitted by law, excluded from the Contract.
EVENTS OUTSIDE OUR CONTROL
For the purpose of the Terms and Conditions, Force Majeure Event means an event beyond
the reasonable control of Momentum Growth Group Limited T/A IT Career Swap including, but not limited
to, strikes, lockouts or other industrial disputes – whether involving the workforce of the
Supplier or any other party, failure of a utility service or transport network, act of God, war,
riot, civil commotion, malicious damage, compliance with any law or governmental order, rule,
regulation or direction, accident, breakdown of plant or machinery, fire, flood, storm or default
of Suppliers or subcontractors.
We shall not be liable to you as a result of any delay or failure to perform its obligations under
the Terms and Conditions as a result of a Force Majeure Event.
If the Force Majeure Event prevents Us from providing any product or service, We shall,
without limiting Our other rights or remedies, have the right to terminate these Terms and
Conditions immediately by providing You with written notice.
All Intellectual Property Rights in, or arising out of or in connection with, the Service shall be
owned by Momentum Growth Group Limited T/A IT Career Swap .
We will defend the intellectual property rights in connection with our products or services and
Our Website, including copyright in the Content whether provided by us or by any other
content provider (including copyright in: text, graphics, logos, icons, images, audio clips,
videos, digital downloads, data, and software).
All Course Materials are protected by copyright and are intended only for your individual
The Course Materials provided to you may contain licence agreements from parties aside
from Us. Your Enrolment is subject to your compliance with any appropriate licence
Except as set out below, you may not copy, alter, publish, broadcast, transmit, transfer or sell,
reproduce, create derivative works from, distribute, perform, display, or in any way exploit any
of the Content or any of the Course Materials, in whole or in part. However, you may:
recover and display the Course Materials and content from the Learning Portal on your
computer screen; and
print one copy of the Course Materials – but not copy or share them in any manner; and
store the Course Materials in an electronic form – but not on any server or other storage
device which is connected to a network
You will be responsible for making good any loss We suffer if you use or copy the Course
Materials, other than in accordance with these Terms and Conditions.
You may not use our name or logos or trademarks or any other Content on any website of
yours or that of any other person, without our express written permission.
Subject to the other terms of this agreement, you may download permissible Content only for
your own personal use, provided that you maintain all copyright and other notices contained
in it. You may not store electronically any significant portion of any Content.
A party – “receiving party” – shall keep in strict confidence all technical and/or commercial
know how, processes, initiatives, inventions or specifications which are of a confidential
nature and have been disclosed to the receiving party by the other party – “disclosing party” –
or its employees, agents, representatives or subcontractors, and any other confidential
information concerning the disclosing party’s business, its products and its services which the
receiving party may obtain.
The receiving party shall only reveal such confidential information to those of its employees,
agents, representatives or subcontractors who need to know it for the purpose of satisfying
the receiving party’s obligations under the Terms and Conditions, and shall ensure that such
employees, agents, representatives and subcontractors adhere with the obligations set out in
these clauses as though they were a party to the Terms and Conditions.
The receiving party may also disclose such of the disclosing party’s confidential information
as is required to be disclosed by law, any governmental or regulatory authority or by a court
of competent jurisdiction.
In this paragraph the term “ADR Provider” means an approved body under the Alternative
Dispute Resolution for Consumer Dispute Regulations 2015.
The following terms apply in the event of a dispute between the parties:
If you are not happy with our services or have a complaint, then you should contact us on
If an issue is not resolved as set out above, we hope you will agree to attempt to resolve it by
engaging in good faith with us in a process of mediation or arbitration.
We can propose an ADR Provider or will listen to your proposal. If you are in any way
concerned, you should read the regulations at: http://ec.europa.eu/consumers/odr/.
When we communicate with you we do so via various channels (e.g. telephonic, email, online
chat, etc.). You agree that these communications are all contractually binding in the same
method as a properly signed and dated document sent by post.
Where we provide products or services without specific charge to you, then it (or they) is
deemed to be provided free of charge, and not to be associated with any other products or
services for which a charge is made. Accordingly, there is neither contractual nor other
obligation upon us in respect of those products or services.
If any term or provision of this agreement is at any time held by any jurisdiction to be invalid,
unenforceable or void then it will be treated as changed or reduced, only to the extent
minimally necessary to bring it within the laws of that jurisdiction and to prevent it from being
void and it shall be binding in that changed or reduced form. Subject to that, each provision
shall be interpreted as severable and shall not in any way affect any other of these terms.
The rights and obligations of the parties set out in this agreement shall pass to any permitted
successor in title.
No failure or delay by any party to exercise any right, power or remedy will operate as a
waiver of it nor indicate any intention to reduce that or any other right in the future.
Any communication to be served on either party by the other shall be delivered by hand or
sent by first class post or recorded delivery or commercial courier or by e-mail.
It shall be deemed to have been delivered:
if delivered by hand: on the day of delivery;
if sent by courier: on the date and at the time that the courier’s delivery receipt is signed;
if sent by post to the correct address: within 72 hours of posting;
if sent by e-mail to the address from which the receiving party has last sent e-mail: within 48
hours if no notice of non-receipt has been received by the sender.
This agreement does not give any right to any third party under the Contracts (Rights of Third
Parties) Act 1999 / Contracts (Rights of Third Parties) (Scotland) Act 2017 or otherwise. A
person who is not a party to the Terms and Conditions shall not have any rights to enforce its
Neither party shall be accountable for any failure or delay in performance of this agreement
which is caused by circumstances beyond his reasonable control, including any labour
dispute between a party and its employees.
In the event of conflict between any term of this agreement and the provisions of the articles
of a limited company or any comparable document intended to regulate any other corporate
or collective body, then the terms of this agreement shall succeed.
The validity, creation and performance of this agreement shall be governed by the laws of
England and Wales and you agree that any dispute arising from it shall be litigated only in
Except as set out in these Terms and Conditions, no variation, including the introduction of
any additional terms and conditions, shall be effective unless agreed in writing and signed by
Severability – If any provision or part provision of the Terms and Conditions is, or becomes,
invalid, illegal or unenforceable, it shall be considered modified to the minimum extent
necessary to make it valid, legal and enforceable. If such modification is not possible, the
relevant provision or part provision shall be deemed deleted. Any modification to or removal
of a provision or part provision under this clause shall not affect the validity and enforceability
of the rest of the Terms and Conditions.
GOVERNING LAW AND JURISDICTION
These Terms and Conditions, and any dispute or claim arising out of, or in connection with, it
or its subject matter or formation – including non-contractual disputes and/or claims – shall be
governed by, and construed in accordance with, the Law of England and Wales.
Each party conclusively agrees that the courts of England and Wales shall have exclusive
jurisdiction to settle any dispute or claim arising out of, or in connection with, this Contract or
its subject matter or formation – including non-contractual disputes and/or claims.
Notice of right of cancellation: Right to Cancel and Cancellation Form
Information about your statutory right to cancel
Your right to cancel
Under the Consumer Contracts (Information, Cancellation and Additional Charges)
Regulations 2013, you can cancel this contract within fourteen (14) days without giving any
The cancellation period will expire fourteen (14) days after the contract was made. That
means you can cancel before you have downloaded the product or we have provided it to
How to cancel
To meet the cancellation deadline, it is enough for you to send your message concerning your
exercise of the right to cancel before the cancellation period has expired.
To exercise the right to cancel, you have to inform us of your decision to cancel this contract
by a clear statement, sent to us by post or e-mail.
Effective date: July 27, 2018
Momentum Growth Group Limited T/A IT Career Swap (“us”, “we”, or “our”) operates the
www.itcareerswap.co.uk website (the “Service”).
This page informs you of our policies regarding the collection, use, and disclosure of personal
data when you use our Service and the choices you have associated with that data.
We use your data to provide and improve the Service. By using the Service, you agree to the
collection and use of information in accordance with this policy. Unless otherwise stated in
Terms and Conditions, accessible from www.itcareerswap.co.uk
Information Collection And Use
We collate several different types of information for various purposes to provide and improve
our Service to you.
Types of Data Collected
While utilising our Service, we may ask you to provide us with certain personally identifiable
information that can be used to contact or identify you (“Personal Data”). Personally
identifiable information may include, but not limited to:
First name and last name
Address, State, Province, ZIP/Postal code, City
Cookies and Usage Data
We may also collect information of how the Service is accessed and used (“Usage Data”).
This Usage Data may include information such as your computer’s Internet Protocol address
(e.g. IP address), browser type, browser version, the pages of our Service that you visit, the
time and date of your visit, the time spent on those pages, unique device identifiers and other
Tracking & Cookies Data
and certain information.
Cookies are files with small amount of data which may include an anonymous unique
identifier. Cookies are sent to your browser from a website and stored on your device.
Tracking technologies also used are tags, beacons and scripts to collect and track information
and to improve and analyse our Service.
You can instruct your browser to refuse all cookies or to indicate when a cookie is being sent.
However, if you do not accept cookies, you may not be able to use some portions of our
Examples of Cookies we use:
Session Cookies. We use Session Cookies to operate our Service.
Preference Cookies. We use Preference Cookies to remember your preferences and various
Security Cookies. We use Security Cookies for security purposes.
Use of Data
Momentum Growth Group Limited T/A IT Career Swap uses the collected data for various purposes:
To provide and maintain the Service
To provide analysis or valuable information so that we can improve the Service
To monitor the usage of the Service
To detect, prevent and address technical issues
To notify you about changes to our Service
To allow you to participate in interactive features of our Service when you choose to do so
To provide customer care and support
Transfer Of Data
Your information, including Personal Data, may be transferred to — and maintained on —
computers located outside of your county, province, country or other governmental jurisdiction
where the data protection laws may differ than those from your dominion.
If you are located outside United Kingdom and choose to provide information to us, please
note that we transfer the data, including Personal Data, to United Kingdom and process it
represents your agreement to that transfer.
Momentum Growth Group Limited T/A IT Career Swap will take all steps to ensure that your data is
Data will take place to an organization or a country unless there are satisfactory controls in
place including the security of your data and other personal information.
Disclosure Of Data
Momentum Growth Group Limited T/A IT Career Swap may disclose your Personal Data in the good faith
belief that such action is necessary to:
To protect the personal safety of users of the Service or the public
To protect against legal liability
To comply with a legal obligation
To protect and defend the rights or property of It Career Swap
To prevent or investigate possible wrongdoing in connection with the Service
Security Of Data
The security of your data is important to us, but remember that no method of broadcast over
the Internet, or method of electronic storage is 100% secure. While try to use commercially
acceptable means to protect your Personal Data, we cannot guarantee its absolute security.
We may employ third party companies and individuals to facilitate our Service (“Service
Providers”), to provide the Service on our behalf, to perform Service-related services or to
assist us in analysing how our Service is used.
These third parties have access to your Personal Data only to perform these tasks on our
behalf and are obliged not to disclose or use it for any other purpose.
We may use third-party Service Providers to monitor and analyse the use of our Service.
Google Analytics is a web analytics service offered by Google that tracks and reports website
traffic. Google uses the data collected to track and monitor the use of our Service. This data
is shared with other Google services. Google may use the collected data to contextualize and
personalize the ads of its own personal advertising network.
You can opt-out of having made your activity on the Service available to Google Analytics by
installing the Google Analytics opt-out browser add-on. The add-on prevents the Google
Analytics about visits activity.
For more information on the privacy practices of Google, please visit the Google Privacy &
Terms web page: https://policies.google.com/privacy?hl=en
Links To Other Sites
Our Service may contain links to other sites that are not operated by us. If you click on a third
party link, you will be directed to that third party’s site. We strongly recommend that you
We have no control over and assume no responsibility for the content, privacy policies or
practices of any third party sites or services.
Our Service does not address anyone under the age of 18 (“Children”).
We do not knowingly collect personally identifiable information from anyone under the age of
- If you are a parent or guardian and you are aware that your Children has provided us with
Personal Data, please contact us. If we become aware that we have collected Personal Data
from children without verification of parental consent, we will take steps to remove that
information from our servers.
We will let you know via email and/or a prominent notice on our Service, prior to the change
By email: firstname.lastname@example.org