Terms and conditions No1 Fitness Education
1.1 These terms and conditions (the "Terms & Conditions") and any credit approval application ("Credit Application") are the basis of the contract (the "Contract") between No1 Fitness Education Limited ("No1FE"/"us"/"we"/"our") and you.
1.2 You should print a copy of these Conditions or save them to your computer for future reference.
1.3 We may amend these Terms & Conditions from time to time. Every time you wish to make a booking with us, please check these Terms to ensure you understand the terms, which will apply at that time.
APPLICATION OF THESE TERMS
2.1 Payment of the requisite fee (as detailed below) is an offer by you to enter into a binding contract with us, which we are free to accept or decline at our absolute discretion.
2.2 We intend to rely upon these Terms and any document expressly referred to in them in relation to the Contract between you and us. While we accept responsibility for statements and representations made by our duly authorized agents, please make sure you ask for any variations from these Terms to be confirmed in writing.
2.3 We have the right to revise and amend these Terms from time to time. You will be subject to our Terms (including policies and procedures) in force at the time that you enroll on a course with us, unless any change to those policies or these Terms is required by law or government or regulatory authority in which case the same will apply to courses you have enrolled on or started.
2.4 If you do not provide us with the requisite information, or you provide us with incomplete, incorrect or inaccurate information or instructions, we may make an additional administration charge of a reasonable sum to cover any extra work that is required or choose to cancel this Contract.
APPLICATION, ENROLMENT AND PAYMENT
3.1 Applications will only be accepted with payment of the deposit, although please note that some courses require payment of the full fee.
3.2 If your course requires you to have a particular qualification, you must provide proof of that qualification when enrolling.
3.3 The balance of course fees (i.e. the total fee(s) less any deposit previously paid) is due no later than 10 days before the course starts. If the balance is not paid by this date, we reserve the right to suspend access to online accounts and/or treat the course as being cancelled and offer the place to another student.
3.4 Please print your name clearly on the application form. Your name will appear as detailed on the form on your certificate. A fee of £20 will be charged should you wish to amend and re-print your certificate.
4.1 Where payments are made by agreed installments and those installments have not been paid on the due date, we reserve the right to withhold the release of examination results and/or delay the marking of course work until outstanding sums are paid. We reserve the right to suspend access to online accounts and/or treat the course as being cancelled and offer the place to another student. No refund of any course fees paid by you will be made.
CHANGES AND CANCELLATIONS BY YOU
5.1 Cancellation under the Consumer Contracts Regulations (CCR).
5.1.1 If you are a consumer and make a booking via our website or by telephone, you have a legal right to cancel during the period set out in clause 5.1.3. This means that during the relevant period if you change your mind or for any other reason you decide you do not want to enroll on a course, you can notify us of your decision to cancel the Contract and receive a refund with 14 days. Advice about your legal right to cancel the Contract under these regulations is available from your local Citizens’ Advice Bureau or Trading Standards office.
5.1.2 If you exercise your legal right to cancel under the CCR you will receive a full refund of the price you paid when booking. We will process the refund due to you as soon as possible and, in any case, within 14 calendar days of the day on which you gave us notice of cancellation as described clause 5.1.3.
5.1.3 Your legal right to cancel a Contract starts from the date when a booking is made - which is when the Contract between us is formed. You have a period of 14 working days in which you may cancel the booking, starting from the day after the day when the booking is made. Working days means that Saturdays, Sundays or public holidays are not included in this period. If you withdraw from a confirmed booking you must still pay the full course fee.
5.1.4 If your course is due to start within 14 working days of when a booking is made, your legal right to cancel under the CCL will not apply. ALL courses are non refundable and valid only for the date booked. A course place is NOT transferable from one student to another potential student. Your email sent confirming course date for your booking will serve as a receipt of payment.
5.1.5 If you are Finance and your course is due to start within 14 working days you would firstly need to obtain consent to cancel.
5.1.6 A model cancellation form is available on request if you if you do want to cancel.
5.1.7 We reserve the right to run course at a different venue from the one specified, when necessary. If this is the case we will tell you as soon as possible and provide you with information about accommodation, travel directions and so on.
5.1.8 We reserve the right to change the details of the programmes without notice. Where circumstances force us to cancel a course, our liability will be limited to refunding any fees paid for that particular Course. We are not liable for any other loss incurred by you.
5.2 The following administration charges will apply to all alterations:
5.2.1 Diploma in Fitness Instructing and Personal Training (including all associated modules within this course) will be liable to an administration fee of £150; and/or
5.2.2 failure to attend or cancellation of an exam (all courses) will be liable to an administration fee of £25.00 plus £50 fee per exam paper and practical exam.
5.2.3 changes to workshop attendances will be liable to administration fee, details will be confirmed to you when requesting the change.
5.2.4 In cases where a refund of fees is due, this will be returned to you (at our election) either by cheque or a direct refund on to the credit/debit card used as the original method of payment. The administration fee will be deducted from the amount refunded. We will aim to make this payment within 30 days of your notifying us of the cancellation. If you wish to transfer courses more than once, we reserve the right to charge an administration fee in respect of each individual transfer and/or alteration.
5.4 CHANGES AND CANCELLATIONS BY US
5.4.1 We reserve the right to remove from any course, students that fail to comply with its standard practices and procedures. We reserve the right to refuse enrolments and/or suggest alternative arrangements if we believe that it will not be in our best interests of other participants and/or the individual concerned to attend one of our courses.
5.5 If you are a business, subject to clause 7.4, we will under no circumstances whatever be liable to you, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, arising under or in connection with the Contract for:
5.5.1 any loss of profits, sales, business, or revenue;
5.5.2 loss or corruption of data, information or software
5.5.3 loss of business opportunity;
5.5.4 loss of anticipated savings;
5.5.5 loss of goodwill; or
5.5.6 any indirect or consequential loss.
5.5.7 In any event, our liability to you in respect of any claim made will not exceed the course fee paid by you.
5.5.8 If you are a consumer, if we fail to comply with these Terms, we are responsible for loss or damage you suffer that is a foreseeable result of our breach of these Terms or our negligence, but we are not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if they were an obvious consequence of our breach or if they were contemplated by you and us at the time we entered into the Contract.
5.6 We do not in any way exclude or limit our liability for:
5.6.1 death or personal injury caused by our negligence;
5.6.2 fraud or fraudulent misrepresentation;
5.6.3 any breach of the terms implied by section 12 of the Sale of Goods Act 1979 (title and quiet possession);
5.6.4 any breach of the terms implied by section 13 to 15 of the Sale of Goods Act 1979 (description, satisfactory quality, fitness for purpose and samples); and
5.6.5 defective products under the Consumer Protection Act 1987.
5.7 INTELLECTUAL PROPERTY
5.7.1 All written materials supplied by us to you shall be belong to us until payment in full has been received.
5.7.2 If we provide you access to any online subscription materials, you acknowledge that such access is granted to you solely as a licensee. This license will terminate on completion of your course or cancellation, whichever is the earlier.
5.7.3 All course materials and any online subscriptions are provided solely for your personal use in connection with your course. You may not copy, reproduce or modify any such materials, nor permit any third party access to them.
5.8 DATA PROTECTION
5.8.2 Where you have opted to pay for the course via our installment option you acknowledge and agree that we may pass your details to credit reference agencies and make a credit reference agency search to determine your suitability and ability to pay by installment.
5.9 EVENTS OUTSIDE OUR CONTROL
5.9.1 A party shall not be in breach of this agreement, nor liable for any failure or delay in performance of its obligations under this agreement to the extent that such delay or non-performance is due to circumstances beyond that party’s reasonable control.
6.0.1 If any court or competent authority decides that any of the provisions of these Terms are invalid, unlawful or unenforceable to any extent, the term will, to that extent only, be severed from the remaining terms, which will continue to be valid to the fullest extent permitted by law.
6.0.2 If we fail, at any time while these Terms are in force, to insist that you perform any of your obligations under these Terms, or if we do not exercise any of our rights or remedies under these Terms, that will not mean that we have waived such rights or remedies and will not mean that you do not have to comply with those obligations. If we do waive a default by you, that will not mean that we will automatically waive any subsequent default by you. No waiver by us of any of these Terms shall be effective unless we expressly say that it is a waiver and we tell you so in writing.
6.0.3 A person who is not party to these Terms shall not have any rights under or in connection with them under the Contracts (Rights of Third Parties) Act 1999.
6.0.4 These Terms shall be governed by English law and you and we both agree to the exclusive jurisdiction of the English courts.