1.1 Please read these Terms and Conditions carefully as they form the basis of the contract between us. We are Train Fitness International Limited (company number 4078230) with the registered office at White Hart House, High Street, Limpsfield, Surrey, RH8 ODT, and operating from Unit 2A Moonraker Point, Pocock Street, London, SE1 0FN (‘TFI'). These Terms and Conditions tell you information about us and the legal Terms and Conditions on which you will be applying to (a) enter a contract to purchase our Course Materials by enrolling on one or more of our courses or modules ('Application') and (b) use the section of our website train.fitness reserved for successful applicants. When your Application has been accepted by us (‘Enrolled' or ‘Enrolment') you will be granted access to digital content and/or learning services relating to the course/s on which you have Enrolled (‘Course Materials'). By accessing the Course Materials you are giving your express consent for our service to you to commence immediately and you acknowledge that you will immediately lose the right to cancel your Enrolment. We suggest that you print a copy of these Terms and Conditions for future use. In particular, we draw your attention to paragraphs 3 (Application, Enrolment and Fees), 4 (Withdrawal, Refunds and Access to Course Materials), 14 (Applicability of Course Materials and Other Online Materials) and 18 (Liability). By making your Application you are agreeing to enter into a serious financial commitment. TFI strongly recommends that prior to Enrolment you satisfy yourself you fully understand and are able to comply with that commitment.
For a summary of some of the key features of these Terms and Conditions see Key Information at the end. The key features are not intended to replace the Terms and Conditions below which you should read carefully.
1.2 If you have opted to pay the Fees (as defined in paragraph 3) related to the Course Materials by instalments you may be able to cancel your right to pay by instalments but if you have accessed the Course Materials you will remain committed to pay any and all outstanding Fees. If you access Course Materials under any circumstances you acknowledge that you will immediately lose the right to cancel your Enrolment. Please see paragraph 4 below and your credit agreement if paying by instalments. If there is anything you are unclear about or if you have any questions, please contact us immediately by telephone or e-mail, details of which can be found in the Contact section of our website.
1.3 If you are making a block Application for undesignated places and intend to designate named participants to access Course Materials as part of that block Application, the entity making that block Application and accepted by TFI for Enrolment will be primarily responsible to TFI under these Terms and Conditions. Individual designated participants will be required to agree to those paragraphs of the Terms and Conditions that are relevant to their participation. Once a place has been designated to a participant and that participant accesses the Course Materials, the place can only be transferred to another participant upon written request and at TFI's sole discretion. TFI is under no obligation to transfer a place to another participant. As appropriate and as the context may require references to “prior to Enrolment” may be deemed to mean “prior to commencing a course” and references to “you” may be deemed to mean the entity making the block booking and/or the individual undertaking the course.”
1.4 Without prejudice to the above, by Enrolling, you agree to be legally bound by these Terms and Conditions.
1.5 If you do not wish to be bound by these Terms and Conditions, then you may not be Enrolled.
1.6 The headings in these Terms and Conditions are for convenience only and shall not affect its interpretation.
2 Nature of Our Website
2.2 Please note that the contents of our website are aimed at users aged 18 years and above, and you must be 18 years or over to make an Application. TFI may be prepared to consider an Application for students between the ages of 16-17 but in these circumstances a third party such as a parent or guardian will need to guarantee the contract on your behalf. Paragraph 3.5 below contains further details that apply to prospective students aged 16-17.
3. Application, Enrolment and Fees
3.1 Your Application will need to follow the procedures set out on our website or instructed by us.
3.2 Details of the amounts payable by you ( Fees) and the procedures for payment (including the deposit applicable where Fees are payable under the method described in 3.3.2 and 3.3.3 below) are displayed on our website. By Enrolling you are agreeing to be responsible for the payment of the applicable Fees in full. You are responsible for ensuring any cost incurred in making such payment including but not limited to bank fees or transfer charges is paid by you and not us. In the event we do not receive payment of Fees in full we reserve the right to suspend access to the Course Materials at any time until such time that we do.
3.3 TFI is entitled to refuse any Application made by you or on your behalf. If your Application is accepted, TFI's acceptance of your Application will be notified to you by TFI electronically ( “the Enrolment Notification”). This will normally happen when arrangements for full payment for the Course Materials by one of the methods referred to in 3.3.1–3.3.4 below have been made by you or on your behalf and been confirmed as satisfactory by TFI or any third party acting on our behalf. At that time the contract between us will come into force immediately and you will be considered to be Enrolled. The Enrolment Notification, which will be sent to the e-mail address you gave us on your Application, will normally be sent to you when we (or any third party acting on our behalf) receive:
3.3.1 cleared funds for payment in full for the Course Materials; or
3.3.2 an initial deposit in cleared funds and either a FuturePay Agreement with WorldPay or an agreement with an approved third party lender for the balance; or
3.3.3 an initial deposit in cleared funds and confirmation that you have been approved for a 19+ Advanced Learner Loan; or
3.3.4 a purchase order on 30 day terms dated no later than the date of your Enrolment covering payment in full for the Course Materials.
3.3.5 Where we have agreed that you may pay by instalments under paragraph 3.3.2 you will also be required to enter into a credit agreement with us or the approved third party lender, whatever the case may be, relating to those arrangements. A pro forma sample credit agreement can be found here.
In those circumstances where you are proposing to make payment by the methods referred to in,3.3.3 or 3.3.4 above, we will send out the Enrolment Notification and allow you to access Course Materials before we have received payment in full for the Course Materials. Under these circumstances you agree to take all necessary steps to ensure TFI receives payment in full either within 30 days of the date of the purchase order submitted by you in your Application and accepted by TFI, or within 30 days from the last day of the course onto which you Enrolled and booked onto if you were accepted for a 19+ Advanced Learner Loan. In the event that TFI does not receive payment in full in accordance with the payment deadlines mentioned above (including but not limited to this resulting from you not completing the course on which you have Enrolled, or not completing the necessary paperwork, or not meeting any other criteria required for TFI to receive payment in full via a 19+ Advanced Learner Loan for the course on which you Enrolled), you warrant and represent that you will be personally and fully responsible for all the Fees and any optional modules on which you have Enrolled. If you have not accessed the Course Materials you may withdraw from a course within 14 days of the Enrolment Notification being sent to you (see paragraph 4).
3.4 You understand that as a part of any assessment of you for the granting of credit, TFI or an approved third party lender may search a credit reference agency for information relating to you (and, in the case of a non-limited business being responsible for the payment of Fees, may also carry out a search relating to the proprietors). The credit reference agency will record the fact of that search in its name. You authorise your bankers to provide TFI with an opinion should TFI request one as to your suitability for credit for the full Fees.
3.5 If you will be aged between 16 and 17 when you are Enrolled, you will need a third party such as a parent or guardian to stand as your guarantor for the obligations that you will be entering into. You are required to notify TFI that you are aged between 16 and 17 in your Application and give TFI the name, telephone number, address and email address of your proposed guarantor in your Application. TFI will write separately to your nominated guarantor who will be required to confirm to us in writing that they are prepared to stand as your guarantor. On receipt of the appropriate confirmation of guarantee and payment (as explained in 3.3 above), an Enrolment Notification will be sent to you and a copy to your guarantor. Until this happens TFI is under no obligation to you to provide access to Course Materials.
3.6 If a third party (for example, your employer, partner, spouse, parent or other relative) is paying for your Fees, you are required to give the name and address of the payer in your Application to Enrol and ensure TFI is provided with written confirmation (e.g. a purchase order) from such third party confirming that they are paying your Fees. On receipt of the appropriate confirmation of guarantee and payment (as explained in 3.3 above), an Enrolment Notification will be sent to you and to the third party who is responsible for your Fees. Notwithstanding any third party agreeing to and/or actually paying any of your Fees, you remain personally and fully responsible for the balance (if any) in the event of failure on the part of the third party to pay.
In certain limited circumstances where the third party is proposing to make payment by the methods referred to in 3.3.2 above, we may (at our sole discretion upon your request) send out the Enrolment Notification and allow you to access Course Materials before the financial arrangements have been finalised and/or before we have received a deposit. Under these circumstances you agree to procure that the third party will take all necessary steps to apply for, secure and finalise the financial arrangements as soon as possible . In the event that the third party fails to secure financing, you warrant and represent that you will be personally and fully responsible for all the Fees. It is recommended that you do not access the Course Materials until full financing is in place and that you secure financing within 14 days from the date we send out the Enrolment Notification. If you have not accessed the Course Materials you may withdraw from a course within 14 days of the Enrolment Notification being sent to you (see paragraph 4).
3.7 You undertake that all details you provide to us (or any third party acting as our agent) at any time including but not limited to your Application will be correct; that the credit or debit card, or any electronic cash, which you use is your own and that there are sufficient funds or credit facilities to cover the cost of the course on which you have Enrolled.
3.8 TFI reserves the right to require you to provide any additional information that it may deem necessary in order to authorise your Enrolment.
3.9 You recognise that if any Fees are not paid by the due date for payment it will result in the matter being referred to a third party debt collection service (“the Collection Service”) for recovery of the outstanding debt. If so, you agree to indemnify TFI against the costs TFI incurs in referring the matter to the Collection Service to pursue the debt, including the Collection Service's current applicable fees for writing to you, any commission or fees payable by TFI to the Collection Service, and all reasonable incidental costs of recovering the debt. You will also be responsible for payment of statutory interest on any outstanding Fees pursuant to section 69 of the County Court Act 1984 or the Late Payment of Commercial Debts (Interest) Act 1998 (as amended), as the case may be, at the rate of interest applicable at the time Court proceedings against you are issued and continuing at the same rate up to the date of judgement or earlier payment.
4 Withdrawal, Refunds and Access to Course Materials
4.1 Upon Enrolment you will be granted access to Course Materials.
4.2 On condition that you have not accessed the Course Materials you may withdraw from a course or any reason (including if you simply change your mind) within 14 days of us (or an agent acting on our behalf) sending the Enrolment Notification. Your ability to withdraw from a course expires after this period or on the date within this period that you access the Course Materials, as more particularly described below. To withdraw, you must notify us in writing using the cancellation form here or on other durable and recordable medium (including e-mail) within those 14 days. In circumstances where we have not received your cancellation notification, you will be required to provide evidence. You are therefore required to retain evidence of dispatch such as recorded delivery if sending your notification by post or a read receipt if sent by e-mail. You will then be entitled to a full refund from TFI in respect of the Fees received by us for the course you have withdrawn from. This will be paid as soon as possible, but in any event within 14 days of receipt of your cancellation notification. In such instances you will be responsible for any costs incurred by us such as bank fees, transfer charges or merchant service charges from processing/receiving your payment of the Fees and or refunding the Fees.
The right to withdraw within 14 days of the Enrolment Notification being sent as referred to above does not apply once you access any part of the Course Materials (including the introductory module) or area of the website that is only available to Enrolled students. You agree and understand that your cancellation rights will end on the expiry of 14 days from the Enrolment Notification or as soon as you access the Course Materials or any area of the website that is only available to Enrolled students (whichever is the first to occur).
4.3 Following the expiration of 14 days from the date on which TFI (or our agent) has sent the Enrolment Notification or the date within this 14-day period that you access the Course Materials, no refunds under any circumstances (including but not limited to pregnancy, illness, injury, relocation or any other change in personal circumstances) will be given and the obligation to make outstanding payments, whether or not they have yet fallen due, will not be cancelled. The facility of paying for Course Materials by instalments is offered to assist you spread your expenditure only. If you Enrol on a course consisting of two or more modules, commencement of the first module is deemed commencement of the whole course and you will be responsible for full payment of the Course Materials you have purchased.
In any case where you Enrol on two or more separate courses at the same time and for each course you receive both an Enrolment Notification and a discounted price, if you request to cancel one of the courses and are eligible to do so, you will be refunded any amount you have paid for that course up to the date of cancellation. You understand that the discounted price you received for each course will no longer apply and you will remain liable for the applicable full price of the remaining course/s. You agree to pay immediately the difference between the discounted price and applicable full price of the remaining course/s. In the event you do not make such payment your access to the Course Materials for the remaining course/s will be denied. Under these circumstances TFI will no longer be under any obligation to you. No refund will be given of the initial deposit/s or any payments made up to the date of breach. All outstanding payments (including those that have not yet fallen due) will become payable immediately by you and TFI will take any action required to reclaim such outstanding payments plus any fees related to your default charged to TFI by third parties (including chargeback fees levied by your credit card company for retrieving payments you have made to us).
4.4 When you are paying for Course Materials by instalments, access will only be given to Course Materials on condition that all due instalment payments have been made to date in accordance with the payment schedule. If for any reason payments as outlined in any payment schedule are not received by TFI (or our agent) or any payment is returned, refunded or retrieved by you, your credit card company or the entity through which you have arranged finance, your access to Course Materials will be denied. Under these circumstances TFI will no longer be under any obligation to you. No refund will be given of the initial deposit or any payments made up to the date you breach the payment schedule. All outstanding payments (including those that have not yet fallen due) will become payable immediately by you and TFI will take any action required to reclaim such outstanding payments plus any fees related to your default charged to TFI by third parties (including chargeback fees levied by your credit card company for retrieving payments you have made to us).
4.5 To cancel a credit agreement with TFI (as opposed to a credit agreement with a third party lender), you must notify TFI in writing using the cancellation form here or on other durable and recordable medium (including e-mail) within 14 days of the Enrolment Notification. If you enter into a credit agreement with an approved third party lender, they will provide you with a copy of the credit agreement, and instructions on how to cancel it with them, including a cancellation form. Cancellation of a credit agreement with an approved third party lender is also only possible if the cancellation request is received by them within 14 days of the Enrolment Notification. In circumstances where you have accessed the Course Materials relating to a particular course and you cancel the credit agreement within 14 days of the Enrolment Notification, you will become responsible for full payment of the relevant Fees immediately and in their entirety and will lose the ability to pay by instalments. Withdrawing from the credit agreement does not cancel your contract for the purchase of Course Materials. You agree and understand that your right to cancel your credit agreement will end on the expiry of 14 days from the Enrolment Notification.
5 Computer Specification, Software Support and Alterations to the Website, Courses and the Awarding Organisation
5.1 You are responsible for ensuring you have suitable internet connectivity and download speed, and for providing and maintaining suitable computer equipment, communications equipment and software (including software updates if required) necessary to gain access to our website and the Course Materials. Upon request, TFI will provide you with a list of free software that you will need to access the Course Materials and that you can install prior to Enrolling so that you can test the suitability of the computer, equipment and software you will be using.
5.2 If you are using the computer of a third party (e.g. your employer), it is your responsibility to ensure that you have the necessary consent to do so. If your circumstances change (e.g. if you change employer or if your employer changes its computer, equipment or software) and you no longer have access to a suitable computer for any reason, TFI is not responsible for this and no refund of Fees will be given.
5.3 TFI does not provide software, hardware, or internet support and this is for you to arrange with your own providers. It is your responsibility to ensure that you have sufficient technical competence to operate a computer or electronic device for the purposes of downloading, streaming and viewing Course Materials. TFI is not responsible for any technical problems you encounter with your own software, hardware or the internet when accessing Course Materials and no refund of Fees will be given.
5.4 We reserve the right to alter, suspend or discontinue any aspect of our website or the content or services available through it. This includes but is not limited to changes that we are required to make in the content and structure of our courses in order to ensure continuing compliance with the requirements of national standards and the awarding organisations.
In particular but without prejudice to the generality of the foregoing, we reserve the right to change the awarding organisation of the courses offered through our website provided that any substituted awarding organisation will provide a qualification of equal level on the national framework as set by the sector skills council “Skills Active” or its successor.
Unless stated otherwise, any new features including new content, and/or the availability of new courses or modules shall be subject to these Terms and Conditions.
6 Information You Provide
6.1 TFI is registered under the Data Protection Act 1998 and complies with the Act and the data protection principles. The following applies to any information you provide to us at any time (including as part of your Application):
- you authorise us to use, store or otherwise process any personal information which relates to and identifies you, including but not limited to your name, postal and email address and telephone number (‘Personal Information), to the extent reasonably necessary to provide the services which are available through our website, to provide the Course Materials to you and to process your payment for such Course Materials (‘the Purposes'). TFI will not disclose your Personal Information to any third party without prior consent, except to our professional advisers or awarding organisation, or to the extent necessary or appropriate to comply with applicable laws or in legal proceedings where such information is relevant. TFI reserves the right to offer services and products to you from other companies within the TFI group of companies;
- you must ensure that the Personal Information and contact details you provide is and remains accurate and complete. It is your responsibility to ensure that TFI is updated on any changes to your Personal Information and that TFI has up to date contact details for you. Most correspondence will be sent to your e-mail address but certain certificates and other non-electronic correspondence will be sent to your postal address.
6.2 Processing and Disclosure Rights
By accepting these Terms and Conditions you agree to the processing and disclosure of the Personal Information for the Purposes. You also agree that the Purposes may be amended to include other uses or disclosures of Personal Information following notification to you by means of a notice on our website, which you should check regularly. If you would like to review or modify any part of your Personal Information, then you should e-mail us at [email protected].
7 Assessment Days and Training Days
7.1 Assessment days and training days generally relate to courses conducted via the distance study option. Certain training days are optional and payment of an additional Fee is required before you can book a place on them. Booking onto an assessment day or training day is not automatic. All bookings are your own responsibility and must be made at least 14 days in advance following the date on which you successfully complete the online introductory module and any other pre-requisite module/s where applicable. TFI accepts no responsibility for any student who fails to book the assessment day or training day they wish to attend. After booking onto an assessment day or training day you will receive two emails – one that is sent automatically at the time of booking confirming receipt of your booking. This is not confirmation that the assessment day or training day will run. You will receive the second email on or around 10 days prior to the scheduled assessment day or training day date which will confirm if the assessment day or training day will run or not. If you do not receive the second email, you should contact Learner Support immediately. Bookings are taken on a first come, first served basis and once an assessment day or training day has reached maximum capacity, no more bookings for the assessment day or training day will be taken. TFI makes no guarantee that space will be available on your chosen alternative date/s.
7.2 Depending on the course on which you have Enrolled, you will be required to bring one or more clients as determined by us from time to time to your practical assessment/s to participate in a practical session. TFI accepts no responsibility for such people and they will be attending entirely at their own risk. TFI does not provide clients for assessments. Unless notified otherwise by us in writing, both you and your client/s are required to be available together onsite for the entire day of the date of your practical assessment. You will not be assessed on that day if your client/s is not available with you and you will need to re-book that assessment on an available alternative scheduled date. An additional charge will apply to re-book. Please contact Learner Support for more information.
7.3 If you wish to change or cancel the date of your assessment day or training day, it is your responsibility to do so at least 14 days prior to the assessment day date or training day date you have booked. After this time no refund of any booking fee will be granted and no transfer to another assessment day or training day will be granted without additional charge. TFI makes no guarantee that space will be available on your chosen alternative date. You are therefore advised to ensure that you are available on the assessment day date or training day date before you book onto such date.
7.4 If you fail to attend an assessment day or training day you have booked, a deferral for that module will be recorded. No refund will be given and no transfer to another assessment day or training day will be granted without additional charge.
7.5 TFI reserves the right to change and/or cancel the dates and venues for assessment days and training days. No refund of Fees will be given in these circumstances. You will be able to transfer to another assessment day or training day (whatever the case may be) at no extra cost to you. TFI is not liable in any other way for any expenses (including but not limited to travel and accommodation), costs, losses (including but not limited to loss of earnings) or other charges that you may incur as a result of such change or cancellation. TFI makes no guarantee that space will be available on your chosen alternative date/s.
8. Course Days
8.1 Course days generally relate to courses conducted via the part time study option or full time study option. Booking onto a course is not automatic. It is your responsibility to notify TFI of the venue and start date of the course you wish to book onto at least 14 days prior to the course start date. If you Enrol within 14 days prior to the course start date you wish to attend, you must still notify TFI of the venue and start date of the course you intend to book onto. TFI accepts no responsibility for any student who fails to book onto the course they wish to attend and no refund of Fees will be given. After booking onto a course you will receive two emails – one that is sent automatically at the time of booking confirming receipt of your booking. This is not confirmation that the course will run. You will receive the second email on or around 10 days prior to the scheduled course date which will confirm if the course will run or not. If you do not receive the second email, you should contact Learner Support immediately. Bookings are taken on a first come, first served basis and once a course has reached maximum capacity, no more bookings for that course will be taken and no refund of Fees will be given. TFI makes no guarantee that space will be available on your chosen alternative date/s.
8.2 Depending on the course on which you have Enrolled, you will be required to bring one or more clients as determined by us from time to time to your practical assessment/s to participate in a practical session. TFI accepts no responsibility for such people and they will be attending entirely at their own risk. TFI does not provide clients for assessments. Unless notified otherwise by us in writing, both you and your client/s are required to be available together onsite for the entire day of the date of your practical assessment. You will not be assessed on that day if your client/s is not available with you and you will need to re-book that assessment on an available alternative scheduled date. An additional charge will apply to re-book. Please contact Learner Support for more information.
8.3 Unless expressly authorised in writing by TFI, once you have booked onto a course you may not transfer to an alternative course, start date or venue, or transfer your course to another person. If authorised, such transfer may incur an additional charge. TFI is under no obligation to transfer your Enrolment to another course or any other person. TFI makes no guarantee that space will be available on your chosen alternative course, start date or venue. You are therefore advised to ensure that you are available on all course days before you book onto a course.
8.4 If you fail to attend a course day, no refund will be given and no transfer to the relevant course day of an alternative course will be granted without additional charge. If you fail to attend a course day on which an assessment/s is held, a deferral for that module will also be recorded.
8.5 TFI reserves the right to change and/or cancel course dates and venues. No refund of Fees will be given in these circumstances. You will be able to transfer to the same course at an alternative venue and or on an alternative start date at no extra cost to you. TFI is not liable in any other way for any expenses (including but not limited to travel and accommodation), costs, losses (including but not limited to loss of earnings) or other charges that you may incur as a result of such change or cancellation. TFI makes no guarantee that space will be available on your chosen alternative dates.
8.6 You accept certain components of some courses studied via the part time study option and or full time study option are not completed within the advertised duration of such courses. In such instances terms applying to training days and assessment days may apply to such components.
9 Assessment Days, Training Days and Course Days
9.1 In the event that you fail a theory assessment you have attended, you may re-book onto an alternative scheduled theory assessment date at no extra charge. Subject to clause 11.5 you may continue to attempt to successfully complete such theory assessment as many times as required. In the event you fail a practical assessment you have attended, subject to clause 11.5 you may re-book onto an alternative scheduled practical assessment date relevant to the practical assessment you have failed. This will be charged at the regular booking fee applicable at the time of re-booking. TFI makes no guarantee that space will be available on your chosen alternative dates for either a theory assessment or practical assessment. If you do not hand in the relevant completed portfolio (if applicable) on the day of the practical assessment, you will need to send it to TFI for marking at which time an additional Fee may apply.
9.2 The advertised duration, starting time and or finishing time of an assessment day, training day or course day is a guide only and is subject to change at any time.
9.3 Certain courses require you to print various documents and either bring them or send them either completed or to be completed, as the case may be, at specific stages of your course as advised by us. You are responsible for printing such documents at your own cost and in your own time outside of scheduled course attendance (including assessment days, training days and course days). Fees do not include the cost of such printing.
9.4 In circumstances where an assessment day, training day or course day is presented in premises that are not owned by TFI (‘ third party venue operator'), TFI will ensure that such premises are in TFI's opinion suitable for the purpose of delivering such day but otherwise make no guarantee in relation to the facilities provided by the said third party owner. No refund will be given in circumstances where a venue other than the venue advertised is used.
9.5 You are responsible for all damage caused to TFI, its customers, employees, sub-contractors and third party vendors (which phrase includes but is not limited to third party venue operators) arising out of your acts or omissions, breach of this agreement, negligence or dishonesty and will indemnify TFI accordingly including but not limited to all fines, charges, costs (including reasonable professional costs) and other expenses. This includes but is not limited to the cost of repairing any damage to or loss of property of TFI or any of its customers, employees, sub-contractors or third party vendors as described above. Any such amounts shall be payable by you on demand.
9.6 You are required to conduct yourself in an appropriate manner at all assessment days, training days, and/or course days. If you behave in a manner which in the opinion of TFI is threatening, abusive, offensive or otherwise unacceptable, TFI will have the right to bar you from that and all future assessment days, training days, and/or course days. You will remain liable for all the Fees and no refund of Fees will be given. If you behave in a manner which, in the opinion of the third party venue operator in which the assessment day, training day, or course day is taking place, is threatening, abusive, offensive or otherwise unacceptable, they will have the right to take whatever action they deem appropriate, which may include banning you from that venue. If you are unable or unwilling to travel for whatever reason and at your own cost to an alternative assessment day venue, training day venue, or course day venue on an alternative scheduled assessment day, training day or course day date, you will remain liable for all the Fees and no refund of Fees will be given.
9.7 You agree you may be videotaped, audio recorded and photographed by TFI as part of your assessment days, training days and/or course days and you consent to TFI using your photograph, video and tape recordings and any other likeness of you for any and all promotional and training purposes. Furthermore, you understand that TFI has installed a CCTV system in its business premises and the premises operated by TFI’s third party venue operators may also use such systems. You agree to your image being monitored and recorded for the purposes of:
- Assisting in the prevention or detection of crime or equivalent malpractice.
- Assisting in the identification and prosecution of offenders.
- Monitoring the security of TFI’s business premises.
- Ensuring that health and safety rules and TFI procedures are being complied with.
- To assist with the identification of unauthorised actions or unsafe working practices;
- To promote productivity and efficiency.
For further information regarding our CCTV policy please contact [email protected].
9.8 Course Materials and Fees do not include your use of the venue in which your course is being conducted or any other venue (in both instances including but not limited to the venue’s facilities and equipment) outside of course hours, during breaks on course, or for personal use at any time. For the avoidance of doubt, personal use is defined as activity not under the direct supervision of the tutor or assessor.
10. Your Health and Fitness
10.1 References to a course or course material in this section 10 includes, where relevant, assessment days, training days and any materials relating to them. The remainder of this paragraph is to be read subject to this condition.
10.2 It is your responsibility to ensure that you are sufficiently fit, physically, mentally and emotionally, to undertake all components of the course on which you Enrol as well as aerobic, anaerobic, resistance, flexibility, stability, muscular strength and endurance exercise. We recommend you obtain medical clearance from your GP prior to Enrolment or before commencing any of the exercises contained with the course. It is your responsibility to notify us of any pre-existing medical conditions as well as any special assistance you may reasonably require prior to Enrolment or before commencing any of the exercises contained with the course and again if circumstances change throughout the period you are undertaking a course with TFI.
You understand that undertaking our courses involves exercise and that the body's reaction to exercise cannot always be predicted with accuracy. Furthermore, you acknowledge that there are risks involved in performing physical activity including but not limited to musculoskeletal strains, pain and injury, and that certain abnormal changes may occur during or following exercise which may adversely affect blood pressure, cause heart attack or even death.
10.3 You acknowledge that you are fully aware of the risks involved in participating in the course on which you Enrol which can be physically and mentally demanding. You represent and warrant that you discharge TFI, its agents, employees and representatives on a continuing basis from any and all liability for any loss, damage, right of action, expense or injury including death resulting from your participation in the course or in connection with performing, conducting, teaching or instructing course material to the fullest extent permitted by law. You agree this shall be binding on your heirs, next of kin, executors, administrators, assigns and representatives in the event of your death. This clause is not intended to exclude liability for death or personal injury caused by the negligence of TFI or its employees, agents or sub-contractors. You acknowledge that you shall be responsible for your omissions, errors or neglect when performing, conducting, teaching or instructing course material. You consent to receive medical treatment which may be deemed advisable in the event of injury, accident or illness during the course.
10.4 TFI will provide you with a copy of a Physical Activity Readiness Questionnaire (PAR-Q) and Informed Consent Release and Waiver form (ICRW) (a copy of which is available in advance on request) which you are required to hand in completed and actioned (if applicable) when you attend an assessment day, training day, on the first day of a course, or when you send in your assessment DVD if you have enrolled on an online learning course for a TFI programme (online-only option), as the case may be.
Please be aware that you will not be allowed to participate in any practical elements of a course if you fail to complete the documentation and hand it in to the tutor as outlined above. Fees, travelling costs and other expenditure will not be refunded and re-booking fees will apply. For those who Enrol on an online learning course for a TFI programme (online-only option), please be aware your assessment DVD will not be assessed until TFI receives the documentation outlined here. Fees will not be refunded.
Furthermore, if the results of these documents indicate you require your GP's consent to perform physical activity and you do not obtain such consent in accordance with these terms and conditions, you should not perform any physical activity related to your course and you will not be permitted entry to the assessment day, training day or course day that you have booked (or been booked) onto. This may prevent you from completing your course. In these circumstances you will need to obtain the appropriate medical clearance and guidance from your GP and re-book another assessment day, training day, course day or course, as appropriate. Fees for such assessment days, training days, course days or courses will not be refunded and TFI will not be responsible for your travelling costs or other expenditure that may be wasted and the obligation to make outstanding payments, whether or not they have yet fallen due, will not be cancelled.
11. Progress Reports and Certification
11.1 Awarding organisation certificates to show successful completion of a course will not be issued until after TFI (or its agent) has received payment in full for the course for which you are being certificated. The remainder of this paragraph is to be read subject to this condition.
11.2 TFI issues eCertificates only. An eCertificate is issued on successful completion of each certification (if any) within the course on which you have Enrolled, and upon successful completion of the course in its entirety. You must request an eCertficate either via the online student desktop or by writing to learner support at which time it will be sent to the e-mail address that you registered with us. If you have successfully completed a course in its entirety (including all assessments) that is accredited by an awarding organisation and you have requested the eCertificate for it, the awarding organisation will be notified and they will issue the relevant certificate. We do not guarantee a timeframe within which awarding organisation certificates will be issued. No refund of Fees will be given in the event you believe a certificate has taken too long to be sent to you. Certificates will be sent to the postal address you registered with us.
11.3 All certificates and eCertificates will be issued in the name held on our records at the date you successfully complete the course or module. It is your responsibility to inform TFI in writing of any change of name and to provide appropriate evidence, such as a marriage certificate or deed poll.
11.4 If you lose a certificate and require a replacement, a fee of £50 (sterling) will be payable. If you change your name or address prior to the date you successfully complete the course or module but fail to notify us and require TFI to issue a new certificate, a replacement fee of £50 (including VAT) will be payable. Please note we are unable to issue replacement certificates in a new name if the change of name occurred after the date you successfully completed the course or module.
11.5 Courses are organised in modules and must be completed in order. In the majority of cases you will not be permitted to progress to the next module unless you have successfully completed the prerequisite module/s preceding it. You may undertake modules as and when you are able to do so, depending on your circumstances, provided that you have completed the course on or before the second anniversary of the date of Enrolment. There is no guarantee that any course will be run for more than two (2) years from the date of Enrolment and it is your responsibility to ensure that you complete the course and pay in full the Fees and any associated charges within this time frame. Failure to complete the course in accordance with the time scale explained in this paragraph will result in you being unable to undertake any remaining modules in that course. You will not receive an awarding organisation certificate or a TFI eCertificate for the course, even if you have completed modules within the course. Failure to pay in full the Fees plus those charges referred to in clauses 3.9, 4.3 and 4.4 (if applicable) in accordance with the time scale explained in this paragraph may result in you being unable to receive an awarding organisation certificate or TFI eCertificate for the course, even if you have completed the course or modules within the course. No refunds will be given for courses that are not completed within two (2) years from the date of Enrolment, or for courses for which you have not received an awarding organisation certificate or TFI eCertificate as a result of this or as a result of you failing to pay in full the Fees and the charges referred to above within two (2) years of the date of Enrolment, and the obligation to make outstanding payments, whether or not they have yet fallen due, will not be cancelled.
12 Learner Support
12.1 Learner support is offered via telephone, the student help desk, and or email. Learner support is not offered via social media. Students requiring learner support via the telephone must call the learner support department via the learner support option offered by our phone auto-attendant service. Calls made to other TFI departments may not be transferred and messages may not be returned or passed on. Students requiring learner support via email must email [email protected]. Learner support will generally operate between the hours of 10.00 a.m. and 6 p.m. GMT (Monday to Friday, excluding Bank holidays and other office closures as advertised by TFI) unless prevented for reasons beyond the control of TFI. Telephone calls may be recorded for training purposes.
12.2 TFI reserves the right to discontinue learner support or to change the level of support including but not limited to costs, hours and method of service.
12.3 Whilst receiving learner support, you are required to conduct yourself appropriately. If you behave in a manner which in the opinion of TFI is threatening, abusive, offensive or otherwise unacceptable, TFI will have the right to bar you from all future learner support. You will remain liable for all the Fees and no refund of Fees will be given.
13.1 Access to and use of the TFI website is through a user name and password. You are solely responsible in all respects for all use of and for protecting the confidentiality of the username and password that you select for use on our website. You may not share these with or transfer them to any third parties. You must notify TFI immediately of any unauthorised use of them or any other breach of security regarding our website that comes to your attention.
14 Applicability of Course Materials and Other Online Materials
14.1 Personal Use
Unless otherwise stated, text on our website and the Course Materials are presented solely for your private, personal and non-commercial use on one computer at a time. TFI grants you a limited, non-exclusive and non-transferable licence to use graphic files, audio files, video files, text, hyperlinks, interlinks, search engines and other software associated with the Course Materials during the period you are Enrolled. You represent and warrant that you will not knowingly do anything that may prejudice TFI's interest in the Course Materials.
14.2 No Copying
When downloadable materials are provided by us you may only make a single copy for personal use. Otherwise, you may not download, print or store any Course Materials or send or show any copy thereof to anyone other than as authorised in these Terms and Conditions. In the event of any breach of this term:
(i) you will be liable to indemnify TFI against any damage (including costs on an indemnity basis) which TFI may suffer as a result of such breach; and
(ii) You will be denied any further use of our website and your Enrolment will be cancelled. No refund of Fees will be given and the obligation to make outstanding payments, whether or not they have yet fallen due, will not be cancelled.
14.3 Third Party Materials and Suitability of the Courses and Modules.
Our website is controlled and operated by us from our offices in England. Where content published on the website is supplied by third parties (including material put up on our website by TFI students), you understand that we do not screen, control or endorse their content in any way. All content which is offered by third parties is published in good faith but we do not (to the extent permitted by applicable law) accept responsibility for the accuracy or otherwise of such content (whether published on or off-line) and the use of such content, except for content which relates directly to the courses or modules you Enrol on and which TFI has created.
14.4 TFI will fully comply with its obligations under the Consumer Rights Act 2015 in relation to quality, fitness for purpose and description. TFI will exercise reasonable care and skill in the provision of the website and Course Materials. Unless TFI is in breach of these obligations, should the Course Materials prove defective and/or cause damage to your computer, you and not TFI shall assume the entire cost and all damages which may result from any and all such defects. You assume total responsibility and risk for your use of our website and use of all information contained within it.
14.5 Enrolment does not in any way guarantee successful completion or the attainment of the relevant certificate or qualification. It is your responsibility to ensure that the course or module is suitable for your purposes and career development.
14.6 Compliance with Law
We have used our best endeavours to ensure that our website complies with the law of England and Wales.
14.7 Certain Course Materials require a public performance licence to use them publicly. If you use one of these Course Materials publicly you warrant that:
- you hold a valid public performance licence in respect of the public performance of the sound recording as an accompaniment to exercise classes and you will continue to hold such licence throughout the period of your use of the Course Materials;
- you are in possession of a written undertaking from the owner of the venue at which you will be using the Course Materials that the owner holds a public performance licence in respect of the public performance of the sound recording as an accompaniment to exercise classes at the venue at which you will be using the Course Materials and that such owner will continue to hold such licence throughout the period of your use of the Course Materials.
You agree to fully indemnify TFI for any loss, cost or expense we incur if you or any third party on whose behalf you use the Course Materials act in breach of these warranties.
15 Copyright and Exclusivity
The contents of our website (including Course Materials and any other materials that you may download as part of a course) are protected by international copyright laws and other intellectual property rights. The owner of these rights is TFI or other third party licensors. All product and company names and logos mentioned in our website are the trade marks, service marks or trading names of their respective owners, including us. You may download material from our website for the sole purpose of Enrolling and completing a course. However, you may not modify, copy, reproduce, republish, upload, post, transmit or distribute, by any means or in any manner, any material or information on or downloaded from our website including but not limited to text, graphics, video, recordings, choreography, messages, code and/or software without our prior written consent, except where expressly invited to do so, for example as part of the course.
16.1 Linked Sites
TFI makes no representations whatsoever about any other websites which you may access through our website or which may link to our website. When you access any other website you understand that it is independent from TFI and that we have no control over the content or availability of that website. In addition, a link to any other site does not mean that TFI endorses or accepts any responsibility for the content, or the use of such a website and shall not be liable for any loss or damage caused or alleged to be caused by or in connection with use of or reliance on any content, goods or services available on or through any other website or resource. Any concerns regarding any external link should be directed to its website administrator or web master.
16.2 No Linking to or Extraction of Data or Other Information from TFI Site
Any linking to, deep linking to, or extraction from the TFI website without the written consent of TFI in hard copy with original signature by a director of TFI is strictly prohibited.
16.3 Liquidated Damages
Without prejudice to the generality of sub-paragraph 16.2, any third party contravening the provisions of sub-paragraph 16.2 shall be liable for liquidated damages to TFI for the aggregate of twice the value of any services sold as a result of such unauthorised activity and all costs incurred by TFI whatsoever in researching and dealing with the relevant breach of these Terms and Conditions.
As a result of viewing this website, some information may become stored on your computer. This information may be in the form of a ‘cookie' or similar file which may help TFI in many ways; for instance, to improve the content of the website or to improve the matching of users' interests or preferences. If you do not want a cookie to be stored on your computer, most Internet browsers have functions to erase cookies from the computer's hard drive or to block all cookies or to receive a warning before a cookie is stored. You are welcome to use such facilities to prevent the installation of any cookie but by accessing our website you consent to TFI's use of any information gathered for the purposes mentioned above.
17 Availability of Our Website, Errors and Viruses
We will use all reasonable endeavours to make our website available at all times but cannot guarantee that our website will operate without interruptions. We will use all reasonable care to ensure that our website is error free and that the website and its server are free of computer viruses or other harmful mechanisms but this cannot be guaranteed in circumstances beyond our reasonable control. Subject to TFI's duty of care as explained TFI can accept no liability for our website's unavailability or any errors or viruses that it can contain and you accept that in any such occurrence of these if TFI provides an alternative method of delivery you will remain liable for all the Fees and no refund of Fees will be given. You must not attempt to interfere with the proper working of our website and, in particular, you must not attempt to circumvent security, tamper with, hack into, or otherwise disrupt any computer system, server, website, router or any other internet-connected device owned, controlled or used by TFI.
Any omission or error in any sales literature, web page or site, order form, price list, enrolment notification, order acknowledgement, invoice or other document issued by us may be corrected without liability.
18.1 Limit on TFI's Responsibility to You
Except for any legal responsibility that we cannot exclude in law (such as for death or injury caused by our negligence) we are not legally responsible for any losses that were not foreseeable to you and TFI when you Enrolled. Loss or damage is foreseeable if either it is obvious that it might happen or if, at the time you Enrolled, you made us aware that it might happen. TFI is not responsible for losses unless they were caused by a breach on our part. We are not liable for business losses. The Course Materials are intended for private use only but if used for any commercial or business purpose TFI will have no liability to you for any loss of profit or loss of business. If we did not use reasonable care to ensure that the Course Materials would not cause damage to a device or digital content belonging to you and you can demonstrate that damage was caused by the Course Materials we will either repair the damage to your device or pay you compensation.
18.2 Your Indemnity to TFI
You agree that if any third party (such as the owner of premises used by TFI to deliver any of its services) threatens or takes legal action against TFI as a result of your acts or omissions (for example if you have caused damage to such third party's property) you will be responsible for all charges and damages (including legal fees of TFI and the third party) reasonably payable by TFI in relation to the settlement of such claim.
18.3 Limit of TFI's Liability
If we are liable to you for any reason, our liability will be limited to the amount paid by you to date for the relevant course on which you are currently Enrolled and as a result of which TFI's liability has arisen. This limit does not apply to any liability we may have for death or personal injury resulting from our negligence nor for fraudulent misrepresentation.
18.4 Your Responsibilities
You are responsible for implementing sufficient procedures and virus checks (including anti-virus and other security checks) to satisfy your particular requirements for the accuracy of data input and output.
18.5 Legal Limitations
The limitations and exclusions in this clause only apply to the extent permitted by applicable law.
19 Notice Board and Chat Room
19.1 TFI will use reasonable endeavours to ensure that any facility provided by TFI to enable students to communicate with each other, such as a forum, or chat room on our website, Twitter (or similar facility) or any TFI-branded pages on social media platforms (together “Sites”), is used appropriately. Inappropriate material will be removed as soon as reasonably possible after we are made aware of it but the Sites are provided without further liability to TFI.
19.2 It is your responsibility to ensure that any information that you share with other users of any Site is accurate and does not breach any third parties' rights including trade mark, database rights, copyright or other intellectual property rights, nor is libellous, obscene, menacing, threatening, offensive, abusive, fraudulent, criminal, nor infringes the rights of other people, such as privacy rights, or is in any way illegal or unlawful. Bear in mind that the information you upload or send us may be published on our Sites and can be viewed world-wide.
19.3 By uploading or sending us information you waive your moral rights to be identified as the author of it and also give TFI licence to modify such information. We will assume that any information received is for publication on our Sites and such other use as TFI, in its absolute discretion, may deem fit upon an exclusive, royalty-free, perpetual basis. We have the absolute right, at our sole discretion, to reject or to remove any information from our Sites.
20 Liability for Teaching
You acknowledge that you shall be responsible for your omissions, errors or neglect when performing, conducting, teaching or instructing material you may have learned through TFI and shall maintain public liability insurance, professional indemnity insurance and any other insurance cover as appropriate for your business and professional qualifications.
Some courses require you to take on a subscription to a TFI programme/s e.g. blast fx. If a monthly subscription is purchased at the time of Enrolment, payment for the monthly subscription will be taken one month after the date of Enrolment at which time the monthly subscription will start. The monthly subscription will continue for a period of one month from the date of payment. If a monthly subscription is purchased independent of an Enrolment, the monthly subscription will start immediately upon payment and will continue for a period of one month from the date of payment. In each case at the end of each monthly subscription period your monthly subscription will automatically renew and you will be billed for an additional subscription term of one month. If you do not wish your subscription to auto-renew, you must contact TFI to cancel the subscription at least three working days prior to the end of your current subscription month. If an annual subscription is purchased at the time of Enrolment, payment for the annual subscription will be taken one month after the date of Enrolment at which time the annual subscription will start. The annual subscription will continue for a period of one year from the date of payment. If an annual subscription is purchased independent of an Enrolment, the annual subscription will start immediately upon payment and will continue for a period of one year from the date of payment. In each case at the end of each annual subscription period your annual subscription will automatically renew and you will be billed for an additional subscription term of one year. If you do not wish your subscription to auto-renew, you must contact TFI to cancel the subscription at least three working days prior to the end of your current subscription year. Subscriptions are non-refundable. You may change your auto-renewal preferences and/or you can cancel your subscription by contacting TFI, but no refunds will be paid on any remaining subscription period for which you have already paid. If you allow your subscription to lapse your access to the TFI programme/s (including such programme-related video and music content) on a subscription basis will no longer be available. Subscription pricing is subject to change. New pricing takes effect upon renewal of your subscription.
We may, at our discretion, alter these Terms and Conditions from time to time in order to (a) make non-material changes to clarify and or update the service we provide or (b) to be consistent with current legislation, and post the new version on our website, following which all use of our website and your Enrolment will be governed by that version. You must check the Terms and Conditions on the website regularly. We will give you not less than seven (7) days’ advance written notice of any changes after which time you expressly agree that your agreement with us will be governed by the new Terms and Conditions. If you are unhappy with any changes made by us under this clause 22.1 you may end this agreement by giving us notice as per clause 23 before the changes take effect. If you serve notice and end this agreement your access to any Course Materials will be suspended from the date you wish the agreement to end or the date the changes to these Terms and Conditions take effect, whichever the sooner. No refund of Fees will be given and any outstanding balance will become immediately payable.
22.2 Entire Agreement
These Terms and Conditions and the documents referred to within them (as appropriate), are your whole agreement in relation to TFI and any service you obtain from TFI. You acknowledge that you have not entered into this agreement in reliance upon any promise, assurance, understanding or other statement, made orally, in writing or implied, by TFI or any of its employees or agents and you waive any rights to damages/rescission you may have for misrepresentation (other than a fraudulent misrepresentation) that is not contained in these Terms and Conditions and the documents referred to within them (as appropriate). There are no warranties, representations or agreements, expressed or implied, except those expressly outlined in these Terms and Conditions and the documents referred to within them (as appropriate).
If any provision or term of these Terms and Conditions shall become or be declared illegal, unlawful, invalid or unenforceable for any reason whatsoever, such term or provision shall be divisible from the other Terms and Conditions and shall be deemed to be deleted from them.
These Terms and Conditions and your use of our website are governed by the laws of England and Wales and you submit to the exclusive jurisdiction of the English courts of England and Wales.
22.5 Causes beyond Control
TFI will not be held liable for any failure to perform any obligation due to causes beyond its reasonable control.
22.6 No Waiver
Failure by either party to exercise any right or remedy under this agreement does not constitute a waiver of that right or remedy.
22.7 Out-of-court Complaint and Redress Mechanism
If you have a complaint, please write to us by email to [email protected] or by post to, TRAINFITNESS, Complaints, Unit 2A Moonraker Point, Pocock Street, London, SE1 0FN. If you are dissatisfied with the decision we make about your complaint you can file your complaint with an Alternative Dispute Resolution (ADR) provider. If your complaint concerns an activity of ours that is regulated by the Financial Conduct Authority (e.g. a credit agreement between you and TFI) you should contact the Financial Ombudsman Service (FOS) www.financial-ombudsman.org.uk/. We are obliged to submit to the ADR procedure operated by the FOS for such activity only. In the event that any complaint through the FOS is decided in favour of TFI, we reserve the right to claim from you our reasonable costs and expenses of defending such complaint. If your complaint is concerned with a credit agreement with a third party lender for one of our courses, you must take up your complaint directly with that third party lender. Provided the Course Materials were bought online, any other complaint may be filed on the European Online Dispute Resolution platform http://ec.europa.eu/consumers/odr/. The platform will identify a suitable ADR provider. TFI is not obliged nor do we intend to submit to an ADR procedure operated by that or any other ADR provider (with the exception of the FOS only for activity of ours that is regulated by the Financial Conduct Authority, as explained above).
22.8 Term of Agreement
The term of your agreement and the minimum duration of your obligations under it will depend on the period over which you have chosen to undertake the course on which you have Enrolled in accordance with these Terms and Conditions and the time it takes for you to pay the Fees in full.
22.9 Third Party Rights
The Contracts (Rights of Third Parties) Act 1999 will not apply to these Terms and Conditions or your contract with TFI. TFI is not obliged to deal with any third party acting on your behalf in relation to any aspect of your Enrolment including but not limited to any complaint.
All notices shall be given:
- to us via e-mail at [email protected] or by post to TRAINFITNESS, Learner Support, Unit 2A Moonraker Point, Pocock Street, London, SE1 0FN
- to you at either the e-mail or postal address you provided upon or have updated since Enrolment.
Notice will be deemed received when an e-mail is received in full (or else on the next business day if it is received on a weekend or a public holiday in the place of receipt) or three (3) days after the date of posting. In circumstances where we have not received your notice, you will be required to provide evidence. You are therefore required to retain evidence of dispatch such as recorded delivery if sending your notice by post or a read receipt if sent by e-mail.
These Terms and Conditions replace all other Terms and Conditions previously applicable to the use of our website and your Enrolment.
- You have 14 days from the date of Enrolment to change your mind and get a full refund. Your right to a refund will be cancelled once you access the Course Materials.
- All services provided by TFI will be carried out with reasonable care and skill.
- Any of the Course Materials that are in digital format will be as described on our website, fit for purpose and of satisfactory quality. If faulty you will be entitled to a repair or a replacement. In the unlikely event that TFI is unable to repair or provide a replacement you can get some of the Fees back. If you can show that the fault has damaged your device and TFI has not used reasonable care and skill, you may be entitled to a repair or compensation.
This is a summary of your key legal rights. For detailed information please visit the Citizens Advice website www.adviceguide.org.uk or call +443454 04 05 06.