Course Terms & Conditions.

TERMS AND CONDITIONS

1.    Introduction

1.1    These terms and conditions (“Terms and Conditions”) (also referred to as “this agreement”) are the legally binding agreement between you and us and govern your use of the Platform (including but not limited to any Course on which you enrol). Please read them carefully. We suggest that you print a copy of these Terms and Conditions for future use. In particular, we draw your attention to paragraphs 4 (Application and Enrolment), 6 (Course Term), 8 (Withdrawal, Refunds and Access), 13 (Certification), 18 (Your Health and Fitness), and 27 (Liability).

As a Learner you will also be subject to the Standard Agreement between Learner and Centre which will apply to your use of the Platform and set out further terms applicable to each Transaction you enter into with a Centre. Either we or a third-party may act as a Centre, as the case may be.

By making your Application you are agreeing to enter into a serious financial commitment. We strongly recommend that prior to Enrolment you satisfy yourself that you fully understand and are able to comply with that commitment. If there is anything you are unclear about or if you have any questions, please contact us immediately by telephone on (+44) 207 2929 140 or email [email protected]

1.2    Continuing Agreement
By making your first purchase from us and accepting these Terms and Conditions, you agree that these Terms and Conditions will apply to that purchase, your ongoing access to the Course, and any future purchases you make from us, unless we provide updated Terms and Conditions. Where we update these Terms and Conditions, the updated version will be presented to you when you next access your Course, and you will be required to accept the updated Terms and Conditions in order to continue accessing the Course and to make any further purchases from us.

1.3    If you do not want to be bound by these Terms and Conditions, then you must not enrol on a Course. By enrolling on a Course you agree to be bound by these Terms and Conditions.

1.4    The headings in these Terms and Conditions are for convenience only and shall not affect its interpretation.

1.5    Unless the context in these Terms and Conditions otherwise clearly requires, references to the plural include the singular and vice versa, and “or” has the inclusive meaning represented by the phrase “and/or”. Words appearing with capital letters are defined in paragraph 2.

2.    Interpretation

2.1    References to “Train”, “we”, “our”, “us” are references to Train Limited, the operator of the Platform. We are a limited company registered in England and Wales, our company registration number is 15989369 and our registered address is 128 City Road, London, EC1V 2NX;

2.2    “Application“ means your request to enter into a contract to purchase a Course;

2.3    “Centre“ means either us (where you become a Learner through us) or a third-party business or individual authorised by us to deliver TAPs to Learners (where you become a Learner through that third-party);

2.4    “Collection Service“ means a third-party debt collection service;

2.5    “Course“ means digital content organised in a series of modules and offered on the Platform, and the TAP;

2.6    “Course Fee” means the amount payable to purchase the Course on which you wish to enrol;

2.7    “Course Term“ means the period of time within which you must (i) successfully complete the Course in its entirety, including all online Course material and assessments (which, subject to paragraphs 10, 11 and 12, you must have submitted for marking and have passed); and (ii) request any Train eCertificate and/or awarding organisation eCertificate (if applicable);

2.8    “Enrolled“ or “Enrolment“ means the status of having purchased a Course following our acceptance of your Application for that Course;

2.9    “Enrolment Notification“ means the notification sent to you confirming that you are Enrolled on a Course;

2.10    “Expiry Date“ means 5pm (UK time) on the last day of the Course Term;

2.11    “Extension Fee“ means any fee payable in respect of an extension of the Course Term;

2.12    “Guarantor“ means a parent or guardian who (i) agrees to take legal responsibility for a Transaction on your behalf and all other obligations you have entered into under this agreement (including but not limited to paragraph 18); and (ii) enters into a guarantor agreement with the Centre with which the Transaction has been initiated;

2.13    “ICRW“ means the Informed Consent Release and Waiver document;

2.14    “Learner“ means a person who has Enrolled;

2.15    “PAR-Q“ means the Physical Activity Readiness Questionnaire document;

2.16    “Platform“ means the websites, applications, content and services provided by us in conjunction with a Course;

2.17    “Social Platforms“ means Train branded pages on social media platforms;

2.18    “Standard Agreement between Learner and Centre“ means the separate agreement (which applies in addition to these Terms and Conditions) between a Learner and a Centre, as set out in Schedule 1;

2.19    “Training and Assessment Package“ (also referred to as a “TAP“) means the training and/or assessment services provided by a Centre (as the case may be and as described by a Centre), together with any ancillary services provided by or on behalf of Train, in each case in connection with the relevant Course on which you are Enrolled;

2.20    “Transaction“ means a payment made by a Learner (or a third-party on their behalf) to us for any fee related to a Course (including but not limited to an Extension Fee or rebooking).

2.21    “United Kingdom“ means the United Kingdom of Great Britain and Northern Ireland;

2.22    “Warrant” means a legally enforceable promise you make to us.

3.    Nature of the Platform, Eligibility and Course Suitability

3.1    The Platform is a place for you to make your Application and access a Course when Enrolled. It is your responsibility to ensure that a Course is suitable for your purposes prior to Enrolment.

3.2    You accept that it is not possible for us to anticipate every piece of information specific to your personal requirements; therefore, you accept that it is your responsibility to inform us of such requirements before you enrol on a Course. You further accept it is your responsibility to read the relevant webpages of our website and the Centre’s website, as well as any relevant Course prospectus/brochure (which you may request from us or the Centre) for a description of a Course before Enrolling on it.

By enrolling you confirm that (i) you are satisfied the Course is fit for purpose for you; (ii) you have had the opportunity to raise questions with us; and (iii) all your questions have been answered to your satisfaction. You also confirm that you have reviewed the information referred to above describing the Course, together with these Terms and Conditions, before enrolling.

Course descriptions, websites, brochures and promotional materials are provided for general guidance only. You confirm that you have not relied on any representation, statement or promise not expressly set out in these Terms and Conditions.

3.3    You must be at least 18 years old to make an Application. You must provide evidence of your age should we request it. Failure to do so may result in you being unable to continue with the Course and we reserve the right to prevent any further participation unless and until such evidence is provided.

We may, at our discretion, consider an Application from a person aged 16 or 17, but in such circumstances a Guarantor will be required.

If you are under the age of 18 and do not have a Guarantor, you must not make an Application. Please see clause 4.5 if you are aged 16 or 17 and wish to make an

Application.

4.    Application and Enrolment

4.1    Your Application will need to follow the procedures instructed by us.

4.2    You undertake that (i) all details you provide to us (or any third-party acting as our agent, or any Centre) at any time including but not limited to your Application will be truthful, accurate and complete; (ii) you will update promptly in writing any of your details that you have submitted to us (or any third-party acting as our agent, or any Centre) as and when it changes; (iii) the credit or debit card, bank account details or any electronic cash which you use belongs to you or you are authorised to use; and (iv) there are sufficient funds or credit facilities to cover the Course Fee and any other Transaction.

4.3    We reserve the right to require you to provide any information, documentation or evidence that we reasonably require in connection with your Application, Enrolment, or the delivery and administration of your Course, including (without limitation) for the purposes of identity verification, assessment, regulatory compliance and the provision of support services.

4.4    If you are making an Application for undesignated places on a Course and intend to designate named participants to undertake the Course as part of that Application, the entity making that Application and accepted by us for Enrolment will be primarily responsible to us 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, the place can only be transferred to another participant upon written request, at our sole discretion, and for a fee. We are under no obligation to transfer a place to another participant. Any transfer approved under this clause will be to the same Course only and cannot be used to transfer a place to a different Course.

References to “you” in these Terms and Conditions shall, where the context requires, include both the entity making the Application and any individual participant undertaking the Course.

4.5    If you will be aged between 16 and 17 when you make an Application, you will need a Guarantor. You are required to notify us that you are aged between 16 and 17 in your Application and give us the name, telephone number, address and email address of your Guarantor in your Application. We 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 our acceptance of your Application, you will be Enrolled and an Enrolment Notification will normally be sent to you and a copy to your Guarantor. Until this happens we are under no obligation to you to provide access to a Course.

4.6    We are entitled to refuse any Application made by you or on your behalf. If your Application is accepted by us, this agreement will come into force immediately and, as a result of your immediate ability to access the Course, you will be considered to be Enrolled.

Our acceptance of your Application will normally occur when satisfactory arrangements for payment of the Course Fee have been made by you or on your behalf and been confirmed as satisfactory by us or any third-party acting on our behalf.

Our acceptance of your Application will normally be notified to you electronically by way of an Enrolment Notification. However, regardless of whether an Enrolment Notification is sent or received, your ability to access the Course as referred to above will itself constitute confirmation of acceptance.

The Enrolment Notification, which will normally be sent to the email address you gave us in your Application, may be sent when we (or any third-party acting on our behalf, or any Centre) accept and receive:

4.6.1    cleared funds for payment in full of the Course Fee; or

4.6.2    an initial deposit in cleared funds and confirmation from a third-party lender approved by us of a credit agreement between you (or a third-party paying on your behalf) and such lender for the balance; or

4.6.3    a purchase order on 30-day terms (or less) dated no later than the date of purchase covering payment in full of the Course Fee, or where we agree to issue the third-party paying on your behalf an invoice on 30-day terms (or less) covering payment in full of the Course Fee; or

4.6.4    an initial deposit in cleared funds and a credit agreement between you (or a third-party paying on your behalf) and us for the balance.

In circumstances where payment is being made by one of the methods referred to in clauses 4.6.2, 4.6.3 or 4.6.4 above, we may allow you to access the Course before we have received payment in full of the Course Fee. Under these circumstances you agree to take all necessary steps to ensure we receive payment in full.

If we do not receive payment in full in accordance with the applicable payment deadline, you Warrant that you will remain personally and fully responsible for the entire Course Fee. Until such time as the Course Fee has been paid in full, or in the event of a dispute between us and any third-party paying on your behalf, your access to the Course (including any Course work already completed) may, at our discretion and without prior notice or liability to you, be suspended.

Occasionally, for any reason, an Enrolment Notification may not be sent or received. Where we have granted you access to the Course or any part of the Platform in connection with the Course, you will nevertheless be treated as Enrolled and these Terms and Conditions shall apply notwithstanding that an Enrolment Notification has not been sent or received.

4.7    If a third-party (for example, your employer, partner, spouse, parent or other relative) is paying your Course Fee, you are required to give the name and address of the payer in your Application and ensure we are provided with written confirmation from such third-party confirming that they are paying your Course Fee.

It is your responsibility to ensure that such confirmation is provided. We are not responsible for verifying the identity of any third-party payer or for confirming that any payment received has been made by the person identified by you.

Where we accept your Application and enrol you on a Course, such Enrolment shall not be conditional upon receipt of confirmation from any third-party payer.

Notwithstanding any third-party agreeing to and/or actually paying any of your Course Fee, 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 4.6.2 to 4.6.4 above, we may (at our sole discretion) enrol you before the financial arrangements have been finalised and/or before we have received a deposit or cleared funds for payment in full of the Course Fee.

Under these circumstances you agree to procure that the third-party will take all necessary steps to apply for, secure and/or finalise the financial arrangements as soon as possible. In the event that the third-party fails to secure financing, you Warrant that you will be personally and fully responsible for the entire Course Fee. It is recommended that you do not access the Course until full financing is in place and that you secure financing within 14 days from the date of Enrolment.

4.8    By enrolling you are agreeing to be responsible for the payment of the Course Fee in full. You are responsible for ensuring that 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 (or our agent) do not receive payment of the Course Fee in full, we reserve the right to suspend access to the Course at any time, without notice and without liability until such time that we do.

4.9    You understand that as a part of any assessment of you for the granting of credit, 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 a Course Fee, may also carry out a search relating to the proprietors). The credit reference agency will record the fact of that search in its name.

4.10    You recognise that if a Course Fee is not paid in full by the due date for payment or in the event of a chargeback, we may seek recovery of the outstanding debt, either by us directly or by a Collection Service. In both cases, you agree to indemnify us against the costs we incur in referring the matter to a Collection Service to pursue the debt, including but not limited to (i) the Collection Service’s current applicable fees for writing to you; (ii) any commission or fees payable by us to the Collection Service; and (iii) all reasonable incidental costs of recovering the debt. Whether recovery of the outstanding debt is handled by a Collection Service or us, you will also be responsible for payment of interest on any outstanding Course Fee pursuant to (i) where you are acting in the course of a business, the Late Payment of Commercial Debts (Interest) Act 1998 (as amended); or (ii) otherwise, section 69 of the County Courts Act 1984, 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 judgment or earlier payment.

4.11    Immediate Access and Cancellation Rights

Upon Enrolment you will be granted access to the Course for the duration of the Course Term. By accessing any part of the Course (including any introductory module), you expressly request and consent to the immediate commencement of supply of the Course. You acknowledge that once supply has commenced, you will lose your statutory right to cancel the Course and receive a refund.

4.12    Identity Verification, Participation and Certification Requirements

Upon Enrolment you must provide us with a copy of valid, government-issued photo identification of you which clearly shows your name, photograph and date of birth and which is current and legible. If requested by us (then or later), you must also provide us with any other identification we may require of you.

Failure to provide requested identification or other evidence required by us may result in your access to the Course being suspended or terminated, and we reserve the right to prevent any further participation unless and until satisfactory identification or evidence is provided. Where you fail to provide requested identification or evidence, we shall not be responsible for any resulting inability to provide the Course, and no refund, extension, transfer or other compensation will be due.

You accept that failure to provide us with the requested identification may, where applicable to the Course you have Enrolled on, prevent you from (i) being registered with the awarding organisation responsible for issuing the relevant qualification associated with the Course; (ii) being permitted access to the clinic/s, assessment day/s or training day/s you have booked; and (iii) being issued with a Train eCertificate or awarding organisation eCertificate upon successful completion of the Course.

If you are unable to be registered with the awarding organisation due to your failure to provide the required identification, you acknowledge that an awarding organisation certificate cannot be issued. In these circumstances (i) we have no liability to you; (ii) no refund of any Transaction will be given; and (iii) any outstanding payments, whether or not they have yet fallen due, will remain payable in full.

Where you attend a clinic, assessment day or training day, you must bring the same photographic identification with you so that your identity can be verified. Failure to present valid photographic identification when requested may result in you being refused entry to the clinic, assessment day or training day and you may be required to rebook at your own cost.

Where one or more practical assessments are required to be submitted by video, you must, at the time of your first video assessment submission, submit a video, screenshot or photograph of yourself displaying the same photographic identification by holding the identification next to your face so that your identity can be verified. This need only be submitted once, regardless of the number of video assessments you are required to submit. If the photographic identification is not clearly displayed in this manner, any assessment may be rejected and treated as a refer (fail), requiring re-submission in accordance with these Terms and Conditions.

Where the identification provided does not match your identity, appears to be falsified, or where we reasonably suspect impersonation or identity fraud, the matter may be investigated and dealt with in accordance with our Malpractice and Maladministration Policy and Sanctions Policy. Copies of these policies are available on our website.

4.13    You may not transfer your Enrolment on a Course to another person without our prior written approval. Any such transfer may be subject to conditions, including payment of an additional fee. We are under no obligation to approve any request for transfer.

4.14    A basic level of English and Maths is required to understand the content of a Course. We do not assess your individual level of English or Maths prior to Enrolment. By Enrolling on a Course, you confirm that you have considered the information made available to you about the Course and that you believe you have a sufficient level of English and Maths to understand and complete it.

4.15    By Enrolling on a Course you confirm that you hold or meet the relevant prerequisite requirements for the Course. Information relating to prerequisites may be found on the relevant webpage; however, such information is provided for guidance only and may be updated from time to time.

It is your responsibility to satisfy yourself that you hold or meet the prerequisites of the Course prior to Enrolment and, upon Enrolment, to provide us with satisfactory evidence of this.

We may Enrol you on a Course without having received such evidence; however, you will not be eligible to receive any Train eCertificate or awarding organisation eCertificate unless and until you have provided evidence which satisfies the prerequisite requirements, whether in our reasonable opinion or, where applicable, in accordance with the requirements of the relevant awarding organisation, and in any event such evidence must be provided prior to the Expiry Date of the Course Term.

Our acceptance of your Application does not confirm that you hold or meet the relevant prerequisites.

Our application of an exemption to any part of a Course at Enrolment or during the Course Term does not guarantee that such exemption will apply for the duration of the Course Term. Should the exemption expire, you will be required to complete, during the Course Term and at your cost (if any), those parts of the Course previously made exempt.

4.16    Enrolment does not in any way guarantee successful completion of the Course or the attainment of any relevant eCertificate or qualification (if applicable).

4.17    Unless otherwise determined by us, after Enrolment we will not respond to or deal with third parties acting on your behalf, even if you authorise such third parties to deal with us on your behalf.

4.18    It is your responsibility to notify us at the time of Enrolment (or diagnosis if the diagnosis takes place after Enrolment) if you have any learning difficulty, disability or medical condition that may reasonably require a reasonable adjustment in connection with the Course, and, if you require such a reasonable adjustment, to provide appropriate supporting evidence at that time, such as a medical certificate, diagnostic report or specialist report. Further information about reasonable adjustments is set out in our Reasonable Adjustments Policy, which is available on our website.

You acknowledge that failure to disclose such circumstances and provide appropriate supporting evidence at the time of Enrolment (or diagnosis) may limit the adjustments we are able to provide. Reasonable adjustments cannot normally be applied retrospectively where the relevant circumstances were not disclosed to us beforehand.

4.19    You acknowledge that additional fees may be payable in connection with the Course as described in these Terms and Conditions, including but not limited to Extension Fees, rebooking fees and replacement certificate fees.

5.    Courses

5.1    A Course is organised in modules which generally must be completed in order. In most cases you will not be permitted to progress to the next module unless you have successfully completed the preceding module/s. Marking an assessment and/or updating assessment results on our system can take a minimum of three weeks.

5.2    Certain Courses require you to print various documents (including portfolios) 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 attendance on any assessment day, training day or clinic day (if applicable). A Course Fee does not include the cost of such printing. You may purchase a printed copy of a portfolio, manual or workbook for certain Courses for an additional fee.

5.3    Should any part of a Course be delivered in a venue, access to ovens, fridges, kettles or any other appliance or utensil required for food preparation or storage will not be provided. You are personally responsible for the preparation and storage of your food and beverages. Other than water, food and drink (including but not limited to protein shakes and coffee) must not be consumed or made in change rooms, classrooms, on the gym floor or in any studio within the venue. Locker security, whatever form that may take (e.g. padlock, coin or token) is strictly your responsibility.

6.    Course Term

6.1    The Course Term for each Course is six months from the date of Enrolment, with the following exceptions: (i) a Specialist Diploma™ that includes the Level 2 Gym Instructor qualification has a nine-month Course Term; (ii) a Master Diploma™ that includes the Level 2 Gym Instructor qualification has a 12-month Course Term; and (iii) a Master Diploma™ that does not include the Level 2 Gym Instructor qualification has a nine-month Course Term.

6.2    Your Enrolment on a Course will expire on the Expiry Date at which time (i) we will no longer be under any obligation to you (including but not limited to the provision of Learner support); (ii) any Course work you have completed will no longer be accepted for the purposes of completing the Course; (iii) your access to the Course and any Course work you have completed will be suspended (unless you have successfully completed the Course in its entirety); and (iv) you will not be eligible to receive any relevant Train eCertificate or awarding organisation eCertificate (if applicable) for the Course, even if you have completed modules within the Course.

In the event you are able to access a Course after the Expiry Date, we are not obliged to accept or deal with any work submitted for that Course. For the avoidance of doubt, access to the Course is provided for the duration of the Course Term. Where access continues following your successful completion of the Course, such access is provided on a discretionary basis only and we are under no obligation to continue to provide or maintain such access.

No refunds will be given for Courses that are not completed within the Course Term or for Courses for which you have not received a Train eCertificate or awarding organisation eCertificate (if applicable) as a result of this or as a result of you not paying in full the Course Fee; and the obligation to make outstanding payments, whether or not they have yet fallen due, will not be cancelled.

6.3    If you would like to continue a Course after the Expiry Date, once the Course Term has expired you may be able to extend the Course Term via your student desktop at which time our system will calculate the Extension Fee. We make no guarantee that a Course Term can be extended or, if it can be extended, that it can be extended for any particular period. If a Course Term can be extended, the minimum extension period will be one month and the Extension Fee will not be waived under any circumstances (including but not limited to illness, injury, relocation, or any other change in personal circumstances), except as set out in clause 33.9.

If you would like to continue a Course after the Expiry Date but a Course Term cannot be extended, you must apply to enrol again and pay in full the Course Fee applicable at that time.

It is not possible to pause or restart a Course Term.

Where a Course Term has expired, any assessments or other work previously completed by you may no longer be considered current or valid. If an extension to the Course Term is granted, or if you enrol again on the Course, we may require you to repeat and successfully complete all or part of the Course in accordance with the requirements of the Course and any applicable awarding organisation requirements in force at the time.

The granting of an extension or any re-Enrolment does not guarantee that any previously completed assessments or other work will be accepted.

You acknowledge that Course content, assessment requirements and certification requirements may change from time to time, including to reflect current industry standards or awarding organisation requirements, and that such changes may apply to you.

6.4    Under no circumstances will completed Course work be transferred to another Course, including a Course with the same title.

7.    TAPs

All Courses include a TAP. A TAP includes the relevant training (excluding the Course online theory content) and/or assessment services for such Course as described and as delivered by the Centre. These services include the delivery of any clinic, training day, assessment day, or related assessment (as the case may be) by the Centre. A TAP also consists of access to assessment-related modules in the Course online material (excluding any online theory assessment, if applicable) and access to the Learner support service we offer as outlined in paragraph 15.

Where a TAP is provided by a Centre, it will be provided under a separate agreement between you and that Centre (the “Standard Agreement between Learner and Centre”), as set out in Schedule 1, and that agreement shall apply in addition to these Terms and Conditions.

8.    Withdrawal, Refunds and Access

8.1    On condition that you have not accessed the Course, you may withdraw from it for any reason (including if you simply change your mind) within 14 days of the date of Enrolment. Your ability to withdraw from a Course expires after this period or on the date within this period that you access the Course, 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 email) 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 satisfactory evidence of dispatch (for example, proof of posting or a copy of the email sent).

You will then be entitled to a full refund from us in respect of the Course Fee 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.

The right to withdraw within 14 days of the date of Enrolment does not apply once you access any part of the Course (including the introductory module). You agree and understand that your cancellation rights will end on the expiry of 14 days from the date of Enrolment or as soon as you access the Course, whichever is the first to occur.

8.2    Following the expiration of 14 days from the date of Enrolment or the date within this 14-day period that you access the Course, no refunds will be given (including but not limited to pregnancy, illness, injury, relocation or any other change in personal circumstances) and the obligation to make outstanding payments, whether or not they have yet fallen due, will not be cancelled. The facility of paying the Course Fee by instalments is offered to assist you spread your expenditure only. Commencement of any part of a Course constitutes commencement of the Course in its entirety and you will be responsible for full payment of the Course Fee. A refund will not be given for any part of a Course you do not complete.

In any case where you enrol on two or more separate Courses at the same time and for each Course you receive 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 remaining Course/s will be denied. Under these circumstances (i) we will no longer be under any obligation to you; (ii) no refund will be given of the initial deposit/s or any payments made up to the date of breach; (iii) all outstanding payments (including those that have not yet fallen due) will become payable immediately by you; and (iv) we will take action required to recover such outstanding payments plus any fees related to your default charged to us by third parties (including chargeback fees levied by your credit card company for retrieving payments you have made to us).

8.3    When you are paying the Course Fee by instalments, access will only be given to the Course 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 us (or our agent) or any payment is returned, refunded or retrieved by you, your credit card company, bank or building society, or the entity through which you have arranged finance, your access to the Course will be denied. Under these circumstances (i) we will no longer be under any obligation to you; (ii) no refund will be given of the initial deposit or any payments made up to the date you breach the payment schedule; (iii) all outstanding payments (including those that have not yet fallen due) will become payable immediately by you; and (iv) we will take action to recover such outstanding payments plus any fees related to your default charged to us by third parties (including chargeback fees levied by your credit card company for retrieving payments you have made to us).

8.4    To cancel a credit agreement with us (as opposed to a credit agreement with a third-party lender), you must notify us in writing using the cancellation form here or on other durable and recordable medium (including email) within 14 days of the date of Enrolment. In circumstances where we have not received your cancellation notification, you will be required to provide evidence. You are therefore required to retain satisfactory evidence of dispatch (for example, proof of posting or a copy of the email sent). 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. You should refer to that agreement and any accompanying documentation for full details.

In circumstances where you have accessed the Course and you cancel the credit agreement within 14 days of the date of Enrolment, you will become responsible for full payment of the Course Fee immediately and in its entirety and will lose the ability to pay by instalments. Withdrawing from the credit agreement does not cancel your contract for the purchase of the Course. You acknowledge that any right to cancel a credit agreement is time-limited and will generally expire 14 days from the date of Enrolment.

8.5    From time to time we or a Centre may run promotional offers. You accept that neither we nor the Centre will refund to you any difference between the Course Fee (whether paid or due to be paid by you or on your behalf) and any price advertised in any promotional offer. Any promotional offer may be subject to additional or replacement terms and conditions in relation to the Course on which you enrol. Any change will be shown on the Enrolment Notification. In the event of conflict between the Terms and Conditions and the Enrolment Notification, the Enrolment Notification will apply.

9.    Transactions

9.1    By initiating a Transaction you are agreeing to enter into a binding financial commitment. We strongly recommend that prior to initiating a Transaction you satisfy yourself that you fully understand and are able to comply with that commitment.

9.2    Although we facilitate Transactions by providing the Platform, unless we are acting as the Centre we are not a party to the Standard Agreement between Learner and Centre or any other agreement which may exist between a Learner and a third-party Centre; and we are not responsible for the fulfilment of a third-party Centre’s services purchased by way of a Transaction or any other means. You acknowledge we are not liable to you for any actual or perceived non-performance by a third-party Centre’s services and that any recourse you may pursue is between you and the third-party Centre only.

9.3    By initiating a Transaction, you authorise us (or our third-party payment provider) to take payment using the payment method you have provided and you agree to pay the applicable fee in full at that time. You authorise us to supply the payment card details you have provided us to a third-party payment provider for the purpose of processing a Transaction. The payment provider will take payment from your payment card for a Transaction. You authorise and consent to each such payment being debited using the payment card details you have supplied. You undertake that the payment card, bank account, or any electronic cash which you use is your own and that there are sufficient funds or credit facilities to cover the Transaction. All Transactions will be charged in pounds Sterling. Your payment card provider may charge you currency conversion fees. We do not have control over currency exchange rates or charges imposed by your payment card provider or bank and we will not be responsible for paying any charges or fees imposed by your payment card provider or bank.

9.4    Where a Transaction has been properly authorised by you, you agree that you will not seek to reverse such Transaction other than where you have a lawful basis for doing so. You agree that you will not make any unjustified, fraudulent or bad faith request for a refund in respect of any Transaction, or any unjustified, fraudulent or bad faith chargeback request to your bank or the provider of the payment card you have supplied in relation to any Transaction. If we consider that any refund request or chargeback request was made by you in bad faith, we reserve the right to suspend your access to the Course without notice until such time the matter is resolved, and/or bar you from enrolling on a Course in the future. You acknowledge that in such circumstances you will not be (i) eligible for a refund of any Transaction; (ii) eligible for an extension of the Course Term for the period of time that your access to the Course is suspended; or (iii) relieved of your obligation to make outstanding payments of the Course Fee, whether or not they have yet fallen due.

9.5    In the event a Transaction relates to a Course Fee financed by a third-party lender, if so requested by us you must confirm to us in writing within 24 hours of our written request that you have access to the Course. For the avoidance of doubt, this clause does not require you to access the Course, only to inform us that you have access to the Course.

9.6    Other than in relation to a Course Fee (please see paragraph 8 in these Terms and Conditions), you may cancel a Transaction for any reason within 14 days of the date of payment provided that no aspect of the service related to that Transaction has been accessed, used, benefited from or provided during that period.

To cancel a Transaction, you must notify us in writing using the cancellation form here or on other durable and recordable medium (including email) within the 14-day cancellation period. 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 we deem acceptable such as signed for delivery if sending your notification by post or a read receipt if sent by email.

Where a valid cancellation is made within the 14-day period and before any aspect of the related service has been accessed, used or provided, we will refund the amount paid for the relevant Transaction as soon as reasonably possible and in any event within 14 days of receiving your cancellation notice.

The cancellation right referred to above does not apply where the Transaction relates to an administrative service connected with an existing Course, including but not limited to course extensions, assessment rebookings, reassessment fees, certification services or similar administrative actions, once that service has been processed or made available to you (which occurs automatically and immediately upon payment).

Subject to the paragraph above relating to administrative services, your right to cancel a Transaction therefore expires on the earlier of (i) the expiry of 14 days from the date of payment; or (ii) the date on which any aspect of the service related to the Transaction is accessed, used, benefited from or provided.

Following the expiry of the applicable cancellation period, or where any aspect of the relevant service has been accessed, used, benefited from or provided, no refund will be given under any circumstances (including but not limited to pregnancy, illness, injury, relocation or any other change in personal circumstances).

10.    Clinics, Assessment Days and Training Days

10.1    Clinics, assessment days and training days generally relate to in-person or live-virtual TAPs and should be attended in full. Failure to do so may mean you are not eligible to receive a Train eCertificate or awarding organisation eCertificate (if applicable) for a Course, even if you have passed all of the required assessments. Certain assessment days and training days are optional and payment of an additional fee is required before you can book a place on them.

If you purchase a Course which contains either an in-person or live-virtual TAP, it is your responsibility to complete all of the Course online material (including the theory assessments and specified sections of the portfolio/s if your TAP has them) before attending the assessment day, training day or first day of the clinic that you book onto.

Booking onto a clinic, assessment day or training day is not automatic. It is your responsibility to notify us in writing of the venue and start date of the clinic, assessment day or training day you would like to book onto not later than 14 days prior to such start date. For the avoidance of doubt, you must avail yourself of any clinic, assessment day or training day date/s that your Centre makes available that enables you to complete the Course during the Course Term. In all circumstances, you and not the Centre are responsible for ensuring that you book onto and attend the clinic, assessment day or training day date/s required for Course completion within the Course Term.

If you purchase a Course which contains either the in-person or live-virtual TAP within 14 days prior to the start date of the clinic, assessment day or training day you would like to attend, you must still notify us in writing of the venue and start date of the clinic, assessment day or training day you intend to book onto. All bookings are your own responsibility. We accept no responsibility for any Learner who fails to book onto a clinic, assessment day or training day and no refund will be given.

After booking onto a clinic, assessment day or training day we will generally send you two messages. We will generally send the first message to you within seven days of the date you make the booking and it will confirm our receipt of your booking. This is not confirmation that the clinic, assessment day or training day will run. We will generally send the second message to you on or around seven days prior to the start date of the scheduled clinic, assessment day or training day date and it will, amongst other things, confirm whether or not the clinic, assessment day or training day will run. You therefore should not make or pay for arrangements (including but not limited to holiday, childcare, travel or accommodation) until you receive the second message and only if that message confirms the clinic, assessment day or training day will run. If you choose to make such arrangements before receiving the second message, you do so entirely at your own risk. If you do not receive one or both of these messages, you should contact our Learner Success department immediately. Bookings are taken on a first come, first served basis. We make no guarantee that space will be available on your chosen date. No refund will be given in the event you are unable to or do not book onto a clinic, assessment day or training day date.

10.2    Depending on the TAP contained within the Course, you may be required to arrange one or more clients (which term includes participants or other individuals taking part in the practical assessment depending on the Course), and depending on the Course and assessment requirements this may mean several clients (potentially up to six). It is your responsibility to source such clients and to ensure that they are suitable, willing and able to participate in the activities required for the assessment. Clients used for practical assessments must be suitable individuals capable of safely undertaking the activities required by the assessment and must normally be healthy adults unless otherwise specified in the Course requirements. We accept no responsibility for such people and they will be participating entirely at their own risk. We do not provide clients for practical assessments or individual timeslots for assessments.

For practical assessments performed as part of an in-person or live-virtual TAP, unless notified otherwise by us in writing, both you and your client (or clients) are required to be available together for the entire day of the date of your practical assessment. You will not be assessed on that day if your client (or clients) is not available with you, and you will need to re-book that assessment on an available alternative scheduled date. An additional fee will apply to re-book.

10.3    A rebooking fee is payable for (i) clinics, assessment days and/or training days you book but do not attend in their entirety (defer); (ii) clinics, assessment days and/or training days you book but cancel 14 days or fewer before the scheduled start date; and (iii) any assessment (including practical assessments, video submissions and portfolio assessments) on which you refer (fail) on two or more occasions, unless you remain eligible for the Qualification Guarantee™ under paragraph 33, in which case every resubmission of that assessment is free.

If you fail to attend a clinic day, assessment day or training day you have booked (i) that module will be recorded as a defer; (ii) a refund will not be granted; and (iii) neither we nor the Centre will be liable to you for the learning you missed. For clinics, depending on the content covered on the day that you fail to attend, you may not be allowed to continue with the remainder of that clinic. That decision will be at the discretion of the Centre and if the decision is that you cannot continue with the remainder of that clinic, you will need to book onto another scheduled clinic and pay the applicable rebooking fee.

If you cancel or change the date of a clinic, assessment day or training day booking 14 days or fewer before the scheduled start date, or if you fail to cancel and do not attend, no refund will be given and the obligation to make outstanding payments (whether or not they have yet fallen due) will not be cancelled. You are therefore advised to ensure that you are available on the clinic dates, assessment day date or training day date before you book onto such date/s.

10.4    We reserve the right to change and/or cancel the dates and venues/locations for clinics, assessment days and training days where reasonably necessary for operational reasons, including but not limited to venue availability, tutor availability, health and safety requirements, or occasions where there are insufficient participants; or for reasons beyond our reasonable control.

Where we change or cancel an in-person clinic, assessment day or training day, we reserve the right to transfer your booking to a live-virtual clinic, assessment day or training day (if one is available for your TAP). You acknowledge and agree that a live-virtual clinic, assessment day or training day may be provided in place of an in-person clinic, assessment day or training day where we exercise this right, and that such delivery shall constitute full and proper performance of our obligations in respect of the relevant component of the Course.

If we do not transfer your booking to a live-virtual clinic, assessment day or training day, it is your responsibility to transfer to another relevant scheduled clinic, assessment day or training day (as applicable and if scheduled) so that you can complete the Course within the Course Term. We make no guarantee that space will be available on your chosen alternative date/s.

Any transfer referred to in this clause will be provided by us at no additional charge.

We are not liable in any way for any refund, compensation, expenses (including but not limited to holiday, childcare, travel or accommodation), costs, losses (including but not limited to loss of earnings), charges or other liabilities that you may incur or have incurred as a result of such change or cancellation. No refund will be given in connection with any such change or cancellation.

10.5    You accept certain components of some Courses are not completed within the clinic, assessment day or training day (if your TAP includes a clinic, assessment day or training day).

10.6    You accept that the clinics for certain Courses (including but not limited to yoga, Pilates and Exercise to Music) must be taken in order. For example, clinic 1 must be taken before clinic 2.

10.7    Clinics, assessment days and training days may be delivered by one or more tutors. We do not guarantee that any one tutor will deliver a clinic, assessment day or training day in its entirety. Tutors will be dealing with groups of Learners who will often be expected to participate with each other in the learning experience and training. We reserve the right to determine group sizes for any clinic, assessment day or training day.

10.8    You are required to conduct yourself in an appropriate manner at all clinics, assessment days, training days and live-virtual sessions. We reserve the right to remove you from any clinic, assessment day, training day or live-virtual session if, in our reasonable opinion or in the reasonable opinion of the Centre, your behaviour is disruptive, unsafe, inappropriate, threatening, abusive, offensive or otherwise unacceptable, or prevents the effective delivery of the session. We also reserve the right to bar you from that and all future clinics, assessment days, training days or live-virtual sessions. In such circumstances (i) no refund or credit will be given; (ii) you may be required to rebook the relevant component of the Course; (iii) a rebooking fee may apply; and (iv) you will remain liable for all Transactions and any outstanding payments, whether or not they have yet fallen due, and such obligation will not be cancelled.

If you behave in a manner which, in the opinion of the third-party venue operator in which the clinic, assessment day or training day is taking place is disruptive, unsafe, inappropriate, 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 banned from a venue (i) you will remain liable for the Transactions; (ii) no refund or credit will be given; (iii) the obligation to make outstanding payments, whether or not they have yet fallen due, will not be cancelled; and (iv) a rebooking fee will be payable to transfer to an alternative assessment day, training day or clinic at an alternative venue, or to a live-virtual assessment day, training day or clinic (if available). 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 clinic day venue on an alternative scheduled assessment day, training day or clinic day date (if available), (i) you will remain liable for the Transactions; (ii) no refund or credit will be given; and (iii) the obligation to make outstanding payments, whether or not they have yet fallen due, will not be cancelled.

10.9    Certain TAPs, including but not limited to those for the following Courses: Yoga, Pilates, and the Distance Study option for Exercise to Music, may contain a work experience component, i.e. unpaid work experience in a commercial fitness facility shadowing a professional who holds the same or equivalent qualification to that which you are studying, conducted in your own time outside of and in addition to any TAP attendance requirements.

10.10    The advertised duration, starting time and/or finishing time of an assessment day, training day, clinic day or clinic is a guide only and is subject to change at any time. No refund or extension of the Course Term will be given in these circumstances.

10.11    You acknowledge that a CCTV system will likely be operating in the premises we or a Centre use in relation to a Course. We process CCTV footage on the basis of our legitimate interests 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 the premises we or a Centre use in relation to a Course.
• Ensuring that health and safety rules and our or a Centre’s 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]

You also acknowledge that you may be videotaped, audio recorded and photographed by us or a Centre as part of your assessment days, training days and/or clinic days, and that live-virtual sessions (including clinics, assessment and training sessions and Live Learning Labs™ held on Microsoft Teams or a similar platform) may be recorded. We may use your photographs, videos, tape recordings and any other likeness of you and/or any statement or review you have made about us or the Centre for assessment, training, advertising, marketing and promotional purposes. We process such recordings on the basis of our legitimate interests in delivering, improving and promoting our services.

10.12    Transactions do not include (i) your personal use at any time (including but not limited to during breaks on assessment days, training days or clinic days; or outside of assessment day, training day or clinic day hours) of the venue (including but not limited to the venue’s facilities and equipment) in which your training day, assessment day or clinic day is being conducted; or (ii) your use of any other venue. For the avoidance of doubt, personal use is defined as activity not under the supervision of a Centre’s tutor or assessor.

10.13    Non-participants, pets, bikes (including collapsible versions), skateboards and scooters cannot be brought into the venue in which your assessment day, training day or clinic day is being conducted.

10.14    We make no guarantee in relation to the facilities provided by a Centre. No refund will be given in circumstances where (i) you are not satisfied with the Centre’s facilities; or (ii) a venue other than the venue advertised is used.

10.15    You are responsible for all damage caused to Centres, us, our customers, employees, subcontractors and representatives arising out of your acts or omissions, breach of this agreement, negligence or dishonesty and will indemnify us 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 a Centre, us, or any of our customers, employees, subcontractors or representatives. Any such amounts shall be payable by you on demand.

10.16    Depending on the Course on which you have Enrolled, you may be required to travel to a venue in order to attend a clinic, training day, assessment day, or to conduct or complete elements of your practical assessment. By enrolling on a Course you acknowledge and accept that such travel may be required and that you are responsible for arranging and paying any associated travel, accommodation or other costs.

11.    Practical Assessments

11.1    It is your responsibility to complete all of the Course online material (including the theory assessment/s and specified sections of the portfolio/s if your TAP has them) before performing the relevant practical assessment/s.

11.2    Unless otherwise stated in the description of the Course as published by the Centre, the method of your practical assessment (if one applies to your TAP) is your choice. Subject to clauses 10.3 and 11.3, you can submit a video of your practical assessment (“video assessment”) via our online help desk and no additional charge will be made. Alternatively, if offered for the TAP, you can book onto a scheduled assessment day (if one is scheduled) for which an additional fee is payable at the time of booking. We make no guarantee that an assessment day will be scheduled for the Course you Enrol on.

11.3    Subject always to clause 6.3, the following provisions apply to video assessments.

Video assessments must be submitted to us for marking electronically via our help desk only no later than two weeks before the Expiry Date. Video assessments submitted less than two weeks before the Expiry Date may be rejected. In the event a video assessment is rejected, you will be required to (i) extend the Course Term on or after the Expiry Date; (ii) pay the Extension Fee applicable at that time; and (iii) inform us that you have completed points (i) and (ii), after which we will assign the video assessment for marking.

In the event a video assessment does not pass (“refers”), you are required to amend it (which includes but is not limited to refilming it in its entirety) and submit it for marking within two weeks of the date of the refer, unless there are more than two weeks remaining of the Course Term in which case you can submit the amended video assessment for marking at any point prior to the Expiry Date.

If there are fewer than two weeks remaining of the Course Term or the Course Term has expired and you submit the amended video assessment for marking within two weeks of the date of the refer, we will assign the amended video assessment for marking. For the avoidance of doubt, access to the online Course material and/or assistance from the Centre’s tutors/assessors with Course work (including assessments) will not be available after the Expiry Date. If you would like access to these services after the Expiry Date, you will need to extend the Course Term and pay the Extension Fee applicable at that time.

If there are fewer than two weeks remaining of the Course Term or the Course Term has expired and you do not submit the amended video assessment for marking within two weeks of the date of the refer, you will be required to (i) extend the Course Term (the minimum period being one month); (ii) pay the Extension Fee applicable at that time; and (iii) inform us that you have completed points (i) and (ii), at which time we will assign the amended video assessment for marking.

For the avoidance of doubt, any rebooking fee payable in connection with a video assessment refer must be paid before we will assign the video assessment for marking.

11.4    All video assessments must (i) be clearly labelled with the assessment title and your name; (ii) be in mp4 format; (iii) be smaller than 2GB; and (iv) comply with the video assessment guidelines found in the portfolio for that Course. If video assessment guidelines are not in the portfolio, you must contact us in writing and request a copy. In the event your video assessment does not comply with the video assessment guidelines, the assessment will be marked as a refer (fail) and you will be required to (i) refilm and resubmit such assessment at your cost; and (ii) pay the relevant rebooking fee.

You must keep for a minimum of five years (i) the original copy of your video assessment; (ii) any retakes you have made in order for you to pass; and (iii) the assessment documentation and any correspondence you receive from us that is related to the video assessment. You must provide assessment records to us promptly upon request.

11.5    After a practical assessment has been marked by the Centre, we will update our system and write to you with the results. We do not guarantee a timeframe within which (i) a practical assessment will be marked (including a practical assessment submitted by video); (ii) our system will be updated with the results; or (iii) you will be notified of the results. Neither we nor the Centre are liable to you for any delays related to this.

11.6    Where a Course requires or permits a practical assessment to be submitted by video, the assessment must be conducted in a suitably equipped professional fitness environment (e.g. a commercial fitness centre). You confirm that you have access to such an environment in which to film the assessment and acknowledge that this may require you to travel to a suitable venue or facility in order to conduct or record your practical assessment. You acknowledge that such environment must be appropriate for the safe performance of the activities being assessed and suitable for clear filming of the assessment requirements.

11.7    You must ensure that all work submitted as part of the Course, including but not limited to practical assessments, video assessments and portfolios, is your own work and has not been falsified or misrepresented in any way. Submitting work generated or completed wholly or partly by artificial intelligence tools (including but not limited to ChatGPT or similar systems) is considered plagiarism unless expressly permitted by us in writing.

Any act of assessment malpractice, plagiarism, falsification of evidence, impersonation, collusion or other dishonest conduct may be investigated and dealt with in accordance with our Malpractice and Maladministration Policy, Plagiarism Policy and Sanctions Policy. Copies of these policies are available on our website.

Where such conduct is suspected or confirmed, we reserve the right to take any action permitted under those policies, including but not limited to (i) declaring the assessment void; (ii) marking the assessment as a refer; (iii) requiring resubmission; (iv) suspending or terminating your Enrolment; and/or (v) notifying the relevant awarding organisation where applicable.

Where we suspend or terminate your Enrolment under this clause, no refund will be given and we shall have no liability to you.

Where we declare an assessment void, mark it as a refer or require resubmission, and we permit a rebooking or reassessment, it will be subject to the applicable fee. We are under no obligation to offer a rebooking or reassessment.

12.    Portfolios

12.1    Subject always to clause 6.3, the following provisions apply to portfolios.

Portfolios must be submitted to us for marking electronically via our help desk only no fewer than two weeks before the Expiry Date. Portfolios submitted fewer than two weeks before the Expiry Date may be rejected. In the event a portfolio submission is rejected, you will be required to (i) extend the Course Term on or after the Expiry Date; (ii) pay the Extension Fee applicable at that time; and (iii) inform us that you have completed points (i) and (ii), after which we will assign the portfolio for marking.

In the event a portfolio refers, you must amend it and submit it for marking within two weeks of the date of the refer, unless there are more than two weeks remaining of the Course Term in which case you can submit the amended portfolio for marking at any point prior to the Expiry Date.

If there are fewer than two weeks remaining of the Course Term or the Course Term has expired and you submit the amended portfolio for marking within two weeks of the date of the refer, we will assign the amended portfolio for marking. For the avoidance of doubt, access to the online Course material and/or assistance from the Centre’s tutors/assessors with Course work (including assessments) will not be available after the Expiry Date. If you would like access to these services after the Expiry Date, you will need to extend the Course Term and pay the Extension Fee applicable at that time.

If there are fewer than two weeks remaining of the Course Term or the Course Term has expired and you do not submit the amended portfolio for marking within two weeks of the date of the refer, you will be required to (i) extend the Course Term (the minimum period being one month); (ii) pay the Extension Fee applicable at that time; and (iii) inform us that you have completed points (i) and (ii), at which time we will assign the amended portfolio for marking.

For the avoidance of doubt, any rebooking fee payable in connection with a portfolio assessment refer must be paid before we will assign the portfolio assessment for marking.

12.2    A portfolio must be uploaded in its entirety as a single file and under 2GB in size. We do not accept (i) files larger than 2GB; (ii) multiple files or photos of pages; (iii) files uploaded to any other site including but not limited to Dropbox; (iv) files submitted electronically by any other means including but not limited to WeTransfer; or (v) incomplete portfolios.

You must keep for a minimum of five years (i) the original copy of your completed portfolio; (ii) any updates you have made to it in order for it to pass; and (iii) the assessment documentation and any correspondence you receive from us that is related to the assessment of the portfolio. You must provide assessment records to us promptly upon request.

12.3    After a portfolio has been marked by the Centre, we will update our system and write to you with the results. We do not guarantee a timeframe within which (i) a portfolio will be marked; (ii) our system will be updated with the results; or (iii) you will be notified of the results. Neither we nor the Centre are liable to you for any delays related to this.

13.    Certification

13.1    A Train eCertificate or awarding organisation eCertificate (if applicable) confirming successful completion of a Course will not be issued unless and until all amounts payable in connection with that Course have been received in full. The provisions below apply subject to this requirement.

13.2    Included in the Course Fee is a Train eCertificate which you can request upon successful completion of the Course in its entirety (including all assessments and online Course material). You can only request the Train eCertificate via your student desktop on the Platform. eCertificates will not be issued automatically and must be requested by you via your student desktop. For an additional fee and also upon successful completion of the Course in its entirety, you can request a Train hard copy printed certificate.

Subject to clause 16, if (i) you have successfully completed a Course that is accredited by an awarding organisation from which we have informed you in writing we can procure an eCertificate indicating your successful completion of that Course; and (ii) you have requested the Train eCertificate for that Course, we will notify the awarding organisation, following which the awarding organisation will determine whether to issue the relevant eCertificate. The eCertificate will be dated the date it is issued by the awarding organisation – not the date you successfully complete the Course or the date any request for the awarding organisation eCertificate is made. We do not guarantee a timeframe within which an awarding organisation eCertificate will be requested or issued.

For an additional fee and also upon successful completion of a Course, you may be able to request an awarding organisation hard copy certificate. No refund will be given in respect of any fee paid for a Train or awarding organisation eCertificate or hard copy certificate on the basis of any delay in the issue or delivery of such certificate.

You must request any Train or awarding organisation eCertificate before the Expiry Date of the Course Term. No request made after the Expiry Date will be accepted and we have no obligation to issue, request or procure any eCertificate following the Expiry Date.

Any request for a Train eCertificate or awarding organisation eCertificate does not guarantee that such eCertificate will be issued, and all awarding organisation eCertificates remain subject to the applicable awarding organisation criteria.

13.3    Any eCertificate or hard copy certificate issued will be so issued in the name held on our records at the date you request the eCertificate or hard copy certificate. Prior to such request it is your responsibility to inform us in writing of any change of name and provide appropriate evidence, such as a marriage certificate or deed poll. Any eCertificate or hard copy certificate issued will be so issued to the email or postal address held on our records at the date you request the eCertificate or hard copy certificate. If you change your name prior to the date you request an eCertificate or hard copy certificate but fail to notify us and require from us a new eCertificate or hard copy certificate, you will need to provide appropriate evidence such as a marriage certificate or deed poll and pay a replacement fee of £50 (including VAT). If you change your postal address prior to the date you request a hard copy certificate but fail to notify us in writing and require from us a new hard copy certificate, you will need to supply us with the new postal address and pay a replacement fee of £50 (including VAT). A fee of £50 (including VAT) will be payable if you require a replacement hard copy certificate for whatever reason, including if you did not receive the original hard copy certificate for reasons beyond our control e.g. it is lost in the post.

13.4    We retain Course, assessment and certification records for a limited period only. You acknowledge and agree that we are not obliged to respond to, investigate, retrieve, reproduce or provide information in relation to any Course, assessment or certification matter, including but not limited to any portfolio, result, certificate, assessment submission or other Course-related record, where the query is made more than two (2) years after the date of your Enrolment.

You acknowledge and affirm that it is your responsibility to retain copies of all assessment submissions, results notifications, certificates and related correspondence.

We shall have no liability to you for any loss, damage, expense, inconvenience or other consequence arising from our inability or refusal to respond to, investigate or provide information in relation to any request made after the period referred to above.

14.    Computer Specification and Software Support

14.1    You are responsible for ensuring you have suitable internet connectivity and download speed, and for providing and maintaining suitable computer equipment, communications equipment (e.g. mobile device), device memory capacity, and software (including software updates and browser plugins if required) necessary to gain access to the Platform, the Course, and any ancillary services related to a Course (including but not limited to any eClass or live-virtual clinic). Upon request, we will provide you with a list of free software and browser plugins that you will need to access a Course and that you can install prior to enrolling so that you can test the suitability of the computer, communications equipment and software you will be using.

14.2    If you are using the computer, communications equipment or software 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, communications equipment or software) and you no longer have access to a suitable computer or communications equipment for any reason (i) we are not responsible for this, (ii) we have no liability to you; (iii) no refund of any Transaction will be given; and (iv) any outstanding payments, whether or not they have yet fallen due, will not be cancelled.

14.3    We do 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 (where expressly authorised by us), completing (including any digital forms contained within), streaming and viewing the Course.

We are not responsible for any technical problems you encounter with your own or third-party software, hardware or the internet when accessing the Course (including but not limited to any eClass or live-virtual clinic you may have booked).

We do not guarantee the Platform will work or continue to work on all mobile devices or operating systems and we reserve the right to alter, suspend or discontinue the availability of the Platform on any or all mobile devices and operating systems at any time and without notice. You may contact us prior to enrolling so that you can test the current suitability of your mobile device and operating system with the Platform.

In the event that access to the Platform via any particular device, application or method is unavailable for any reason, it is your responsibility to access the Platform by an alternative means, such as via a web browser on a laptop or desktop computer.

15.    Support

15.1    Support from our Learner Success team is offered via telephone and our online help desk. Learners requiring support via the telephone must call the Learner Success department via the Learner Success option offered by our phone auto-attendant service. Calls made to other departments may not be transferred and messages may not be returned or passed on. Learners requiring support via our online help desk can message us directly from within the Learner Success area of the Platform or email us at [email protected] We respond to emails via our online help desk – not by return email. Our Learner Success department will generally operate between the hours of 9.30 a.m. and 5.30 p.m. GMT (Monday to Friday, excluding bank holidays and other office closures as advertised by us) unless prevented for reasons beyond our control. Telephone calls may be recorded for business, training and regulatory purposes.

15.2    Learner support is available during your Course Term only (see clause 6.2).

15.3    We reserve the right to discontinue Learner support or to change the level of support, including but not limited to costs, hours and method of service.

15.4    Whilst receiving Learner support or on any other occasion you are dealing with us, you are required to conduct yourself appropriately. If you behave in a manner which in our reasonable opinion is threatening, abusive, offensive or otherwise unacceptable, we reserve the right to (i) bar you from all future Learner support; (ii) suspend your access to any Course/s on which you have Enrolled (including any Course work you may have completed); and/or (iii) bar you from enrolling on any Course/s in the future. In this event (i) we will no longer be under any obligation to you; (ii) no refund of any Transaction will be given; and (iii) you will not be relieved of your obligation to make outstanding payments, whether or not they have yet fallen due.

15.5    TAIT™, our AI tutor

15.5.1    What TAIT™ is

TAIT™ is an automated artificial intelligence (AI) tool made available as part of the Platform to support your learning. TAIT™ is not a person, a tutor or an assessor. It is trained on our Course materials, and its answers are generated automatically.

15.5.2    Accuracy

TAIT™’s answers may sometimes be inaccurate, incomplete or out of date. You should check anything you rely on against your Course materials and, where you are unsure, ask our Learner Success team. Where an answer from TAIT™ differs from your Course materials, the assessment criteria for your Course or guidance given by a tutor or assessor, the Course materials, assessment criteria and that guidance apply.

15.5.3    Not professional advice

TAIT™ is a study aid only. Its answers are not medical, health, nutritional, legal, financial or other professional advice, and must not be used as the basis for decisions about the health, safety or training of any client or other person. You remain responsible for applying your own training and professional judgement, and for following the guidance in your Course.

15.5.4    Assessments

Nothing TAIT™ says guarantees the outcome of any assessment. Assessment decisions are made only by our assessors (or a Centre’s assessors) against the assessment criteria. Using TAIT™ to produce work you submit for assessment is covered by clause 11.7 (your own work).

15.5.5    Your TRAINPathway™

Your TRAINPathway™ is not created automatically. It is your responsibility to set it up with TAIT™ after you enrol, and to ask TAIT™ to rework it if you fall behind or your circumstances change (see clause 33.2). It is a study plan to guide you. TAIT™ can only build or rework a TRAINPathway™ that can realistically be completed in the time left in your Course Term. If there is not enough time left, TAIT™ may not be able to create or rework a TRAINPathway™ for you, and you will no longer be eligible for the Qualification Guarantee™. A TRAINPathway™ does not change your Course Term, deadlines or any other part of these Terms and Conditions.

15.5.6    Availability

We aim to make TAIT™ available at any time, but we do not guarantee that it will always be available, uninterrupted or error-free. It may be unavailable, for example, during maintenance or because of a failure of our systems or of a third-party service it relies on.

15.5.7    Using TAIT™ properly

You must not misuse TAIT™, including by trying to make it produce harmful, unlawful or misleading content, trying to bypass its safeguards, or entering any other person’s personal data or any information about your own health or anyone else’s that you do not need to share. We may monitor how TAIT™ is used, and we may suspend or withdraw your access to TAIT™ if you misuse it.

15.5.8    Your conversations

We store and process your conversations with TAIT™, and may review them (including to support you, to improve our services and to check the integrity of assessments), as described in our Privacy Policy.

15.5.9    Changes

We may change, update, suspend, replace or withdraw TAIT™, or any of its features, at any time. If we withdraw TAIT™ permanently while you are Enrolled, we will continue to provide Learner support through our Learner Success team in accordance with clause 15.1.

15.5.10    Liability

Subject to clause 27 (Liability), and to the fullest extent permitted by law, we are not liable for any loss or damage arising from your reliance on any answer, plan or other output from TAIT™.

15.5.11    Use of TAIT™’s answers

TAIT™’s answers are for your personal study only. You must not use them for any commercial purpose or publish them as your own.

16.    Changes to the Platform, Courses and Third Parties

We reserve the right to alter, suspend or discontinue any aspect of the Platform and/or the content or services available through it. This includes but is not limited to changes to the content, titles, structure and/or delivery timetables of the Courses.

In particular but without prejudice to the generality of the foregoing, we reserve the right, where reasonably necessary, to change any awarding organisation or other third-parties that accredit, certificate and/or recognise the Courses we offer and on which you have Enrolled, without your consent or notice to you. Where such a change occurs, we may substitute an alternative awarding organisation, certification arrangement or recognition that we reasonably consider to be appropriate. Any such change to an awarding organisation, certification arrangement or recognition will not entitle you to cancel your Enrolment, receive any refund, or refuse to complete the Course.

Unless stated otherwise, any new features (including but not limited to new content and/or the availability of new Courses or modules) shall be subject to these Terms and Conditions.

17.    Suspension of Access or Cancellation of Agreement

17.1    We reserve the right in our reasonable discretion to suspend your access to the Platform (including to any Course on which you have Enrolled) and/or terminate this agreement immediately and without prior notice (i) if we find you have replicated another Learner’s assessment work; (ii) if you have allowed your assessment work to be replicated; (iii) if you engage in assessment malpractice, plagiarism, falsification of evidence or other dishonest conduct; (iv) if you breach these Terms and Conditions or fail to comply with reasonable instructions given by us or the Centre; (v) if your behaviour is disruptive, unsafe or inappropriate during any Course activity; (vi) if required by the relevant awarding organisation; or (vii) if you take any action that in our reasonable opinion has caused or is reasonably likely to cause us to suffer a loss or that otherwise harms our reputation. In these circumstances (i) you will not be able to access any Course work you may have completed; (ii) we will no longer be under any obligation to you; (iii) no refund of any Transaction will be given; and (iv) you will not be relieved of your obligation to make outstanding payments, whether or not they have yet fallen due.

17.2    We can investigate any suspected or alleged misuse, abuse, or unlawful use of the Platform (including but not limited to a Course) and cooperate with law enforcement agencies and regulatory bodies in such investigation.

17.3    We can disclose any information or records in our possession or control about your use of the Platform to regulatory bodies or law enforcement agencies in connection with any law enforcement investigation of any suspected or alleged illegal activity, to protect our rights or legal interests, or in response to legal or regulatory process.

18.    Your Health and Fitness

18.1    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 have Enrolled as well as aerobic, anaerobic, resistance, flexibility, stability, muscular strength and endurance exercise, as well as the academic and practical learning requirements of the Course. We recommend you obtain medical clearance from your GP prior to Enrolment or before commencing any of the exercises contained within the Course. Also prior to Enrolment or before commencing any of the exercises contained within the Course, it is your responsibility to notify both us and the Centre with which you are undertaking the TAP of any pre-existing medical conditions as well as any special assistance you may reasonably require. You must inform both us and the Centre immediately if circumstances change throughout the period you are undertaking the Course.

You understand that undertaking a Course 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. You understand that should you feel lightheaded, faint, dizzy, nauseated, or experience pain or discomfort, you are to stop the activity and inform your GP (and the tutor or assessor if you are participating in an assessment day, training day or clinic day).

You understand that at any time during a Course you are not obligated to perform or participate in any component of that Course that you do not wish to do and that it is your right to refuse such performance or participation at any time during a Course. You further understand that your decision not to perform or participate in any component of a Course will affect your ability to successfully complete that Course and you acknowledge that in such circumstances you will not (i) be entitled to cancel your Enrolment; (ii) receive a refund for any Transaction; or (iii) be relieved of your obligation to make outstanding payments, whether or not they have yet fallen due. Neither we nor the Centre with which you are undertaking the TAP will be responsible for your travelling costs or other expenditure that may be wasted.

18.2    You acknowledge that you are fully aware of the risks involved in participating in a Course which can be physically, mentally, emotionally and academically demanding. You confirm that your engagement with a Course (including but not limited to any physical activity you perform) will at all times be voluntary and at a level you consider acceptable and appropriate to your level of fitness and overall health. You represent and Warrant that you discharge us, our agents, employees, subcontractors and representatives on a continuing basis from any and all liability for any loss, damage, right of action, expense or injury including death (other than where such liability cannot be excluded or limited by law) resulting from your participation in a Course or in connection with performing, conducting, teaching or instructing Course material. 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 us or our employees, agents, representatives or subcontractors. 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 a Course.

18.3    Whether we or a third-party are your Centre, we will provide you with a PAR-Q and ICRW (a copy of which is available in advance on request). It is your responsibility to (i) complete and action (if applicable) the PAR-Q and ICRW and hand in to the tutor/assessor at the beginning of the day when you attend an assessment day, training day, or the first day of a clinic; (ii) submit the completed and actioned (if applicable) PAR-Q and ICRW to us if you submit a practical assessment by video; and (iii) request from us in writing a PAR-Q and ICRW if you have not received a copy of each from us on or around seven days before the scheduled start date of the assessment day, training day, or the first day of a clinic on which you have booked and for which we have notified you in writing that it is going ahead.

18.4    Both we and the Centre reserve the right to exclude you from participating in any practical elements of a Course if you fail to complete and action (if applicable) the PAR-Q and ICRW and hand it in to the tutor/assessor as outlined above. For those who submit a practical assessment by video, the assessment may not be assessed until we receive a completed and actioned (if applicable) PAR-Q and ICRW. If you fail to complete, action (if applicable) and submit to both us and the Centre a PAR-Q and ICRW as outlined above (i) no refund will be given in respect of any Transaction, travelling costs or other expenditure; (ii) rebooking fees may apply; and (iii) the obligation to make outstanding payments, whether or not they have yet fallen due, will not be cancelled. If you fail to complete, action (if applicable) and submit to both us and the Centre a PAR-Q and ICRW as outlined above and (i) neither we nor the Centre exclude you from participating in any practical elements of the Course; or (ii) either we or the Centre mark the video assessment you have submitted, this is not acceptance by us or the Centre that you are sufficiently fit to undertake all or any components of the Course.

18.5    If the results of the PAR-Q indicates 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 the Course and you may not be permitted entry to the assessment day, training day or clinic that you have booked (or been booked) onto. This may prevent you from successfully completing the Course. In these circumstances you will need to obtain the appropriate medical clearance and guidance from your GP and rebook another assessment day, training day or clinic day. In this event (i) a rebooking fee will apply; (ii) neither we nor the Centre will be responsible for your travelling costs or other expenditure that may be wasted; (iii) no Transactions will be refunded; and (iv) the obligation to make outstanding payments, whether or not they have yet fallen due, will not be cancelled.

19.    Information You Provide

19.1    We are registered with the Information Commissioners Office and comply with the UK General Data Protection Regulation (“UK GDPR”). Please review our Privacy Policy and Cookie Policy. Where we need to collect, store, use, transfer or share (“process”) personal data as required by law, or under the terms of this agreement or your Application and you fail to provide that data, we may not be able to perform this agreement – for example, to provide you with our goods or services or the goods and services provided by third parties (if applicable) – or process your Application. Therefore, if you do not agree with the data practices described in our Privacy Policy and Cookie Policy, you should not enrol.

19.2    If you withdraw your consent to any processing of your personal data where we rely on consent, or if you otherwise require us to cease processing your personal data and we cannot rely on another legal basis to continue such processing, and as a result we cannot perform this agreement, we may end this agreement at which time your access to any Course on which you are Enrolled (including any Course work you may have completed) will be suspended. No refund of any Transaction will be given and you will not be relieved of your obligation to make outstanding payments, whether or not they have yet fallen due. In the event we do not end this agreement but cannot fully perform this agreement, we will not be liable to you for such non-performance. You acknowledge that in such circumstances you will not be entitled to (i) cancel this agreement; (ii) receive a refund for any Transaction; or (iii) be relieved of your obligation to make outstanding payments, whether or not they have yet fallen due.

19.3    Ownership of the assets, including the customer database, previously held by Campus Learning Limited, has been transferred to us. You may request in writing to have your personal data removed from our database and such request should be sent to [email protected] Please note that if we cannot rely on another legal basis to process your data, this may prevent us from fulfilling our obligations under this agreement and may result in the termination of your Enrolment and/or access to your Course, as detailed in clauses 19.1 and 19.2.

Unless or until we receive a valid request for data removal, you acknowledge that your personal data will continue to be held and processed by us in accordance with applicable data protection laws and our Privacy Policy and Cookie Policy.

20.    Liability for Teaching

You acknowledge that you are solely responsible for your acts or omissions, including any errors or negligence, when performing, conducting, teaching or instructing any material or techniques learned through a Course. You are responsible for ensuring that you hold and maintain appropriate insurance cover, including but not limited to public liability insurance, professional indemnity insurance and any other insurance appropriate to your activities, business and professional qualifications. We accept no liability for any such acts or omissions.

21.    Security

Access to the Platform is provided through a username and password. You are solely responsible for maintaining the confidentiality and security of any username and password assigned to or created by you and for all activities that occur under your account. You must not share your username or password with, or transfer them to, any third party. You must notify us immediately of any unauthorised use of your account or any other breach of security relating to the Platform that comes to your attention.

22.    Public Performance

Certain Courses may require a public performance licence where they are used publicly. Where this applies, you warrant that either (i) you hold a valid public performance licence covering the use of any sound recordings in connection with exercise classes and will maintain such licence for the duration of your use of the Course; or (ii) you have obtained written confirmation from the owner or operator of the venue at which you will be using the Course that such owner or operator holds and will maintain a valid public performance licence covering such use for the duration of your use of the Course. You agree to indemnify us in full against any loss, cost, expense or liability (including reasonable legal costs) incurred by us arising from any breach of this clause by you or by any third party on whose behalf you use the Course.

23.    Applicability of Course Materials and Other Online Materials

23.1    Personal Use

Unless otherwise stated, text on the Platform and in the Courses are presented solely for your private, personal and non-commercial use on one computer at a time. We grant 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 a Course during the Course Term. You represent and Warrant that you will not knowingly do anything that may prejudice our interests in a Course.

23.2    No Copying

If 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 us against any damage (including costs on an indemnity basis) which we may suffer as a result of such breach; (ii) you will be denied any further use of the Platform; (iii) your access to any and all Courses (including any Course work you may have completed) will be suspended; (iv) no refund of any Transaction will be given; and (v) the obligation to make outstanding payments, whether or not they have yet fallen due, will not be cancelled.

23.3    Third-party Materials and Suitability of a Course

The Platform is controlled and operated by us from our offices in England. Where content published on the Platform is supplied by third parties (including material put up on the Platform by Learners), 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 a Course on which you have Enrolled and which we have created.

23.4    We will fully comply with our obligations under the Consumer Rights Act 2015 in relation to quality, fitness for purpose and description. We will exercise reasonable care and skill in the provision of the Platform and the Courses. Unless we are in breach of these obligations or otherwise liable under applicable law, should a Course prove defective and/or cause damage to your computer or mobile device, you and not us shall assume the entire cost and all damages which may result from any and all such defects. Subject to our obligations under applicable law, you assume total responsibility and risk for your use of the Platform and use of all information contained within it.

23.5    Compliance with Law

We have used our best endeavours to ensure that the Platform complies with the law of England and Wales.

24.    Copyright and Exclusivity

The contents of the Platform (including the Courses and any other materials that you may download or purchase as part of a Course) are protected by international copyright laws and other intellectual property rights. We or our third-party licensors are the owners of these rights. All product and company names and logos mentioned on the Platform are the trademarks, service marks or trading names of their respective owners, including us. You must not download, modify, copy, reproduce, republish, upload, post, transmit or distribute, by any means or in any manner, any material or information on or from the Platform or obtained from us including but not limited to printed materials, text, graphics, video, recordings, choreography, messages, emails, code and/or software without our prior written consent, except where expressly permitted by us or as permitted by law.

25.    Linking and Use of Cookies

25.1    Linked Sites

We make no representations whatsoever about any other websites which you may access through the Platform or which may link to it. When you access any other website you understand that it is independent from us 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 we endorse or accept any responsibility for the content, or the use of such a website and we 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.

25.2    No Linking to or Extraction of Data or Other Information from the Platform

Any linking to, deep linking to, or extraction from the Platform without our written consent (which may be given or withheld at our discretion) in hard copy with original signature by a director of ours is strictly prohibited. It is your responsibility to ensure the security of your systems and accept responsibility for all such activity conducted through your systems.

25.3    Liquidated Damages

Without prejudice to the generality of clause 25.2, any third party contravening the provisions of clause 25.2 shall be liable for liquidated damages representing a genuine pre-estimate of loss, being the aggregate of twice the value of any services sold as a result of such unauthorised activity together with all reasonable costs incurred by us in investigating and addressing the relevant breach.

25.4    Use of Cookies

As a result of viewing the Platform, some information may become stored on your computer. This information may be in the form of a ‘cookie’ or similar file which may help us in many ways; for instance, to improve the content of the Platform 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 (i) erase cookies from the computer’s hard drive; (ii) block all cookies; or (iii) 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 the Platform you consent to our Privacy Policy and Cookie Policy and the use of cookies as described in those policies.

26.    Availability of the Platform, Errors and Viruses

Subject to clause 14.3, we will use all reasonable endeavours to make the Platform available at all times but cannot guarantee that it will operate without interruption. We will use all reasonable care to ensure it is error free and that it and its servers are free of computer viruses or other harmful mechanisms, but this cannot be guaranteed in circumstances beyond our reasonable control. Subject to our duty of care as explained, we can accept no liability for their unavailability or any errors or viruses that it may contain and you accept that in any such occurrence of these if we provide an alternative method of delivery you will remain liable for all of the Course Fee and no refund of the Course Fee or any other Transaction will be given. You must not attempt to interfere with the proper working of the Platform 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 us.

Any omission or error in any email, online help desk message, Course, sales or promotional literature, order form, order acknowledgment, price list, invoice, web page or site, mobile application page, Enrolment Notification, or other document issued by us may be corrected without liability. Any omission or error made by us in any oral discussion may also be corrected without liability.

27.    Liability

27.1    Limit on Our Responsibility to You

Use of the Platform (including but not limited to the Courses) is at your own risk. The Platform (including but not limited to the Courses) is provided on an “as is” basis without any representation or endorsement made and without warranty of any kind whether express or implied, including but not limited to the implied warranties of satisfactory quality, accuracy, fitness for a particular purpose, security and compatibility. Except for any legal responsibility that we cannot exclude in law (such as fraudulent misrepresentation or death, or personal injury caused by our negligence) we are not legally responsible for any losses that were not foreseeable to you and us 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. We are not responsible for losses unless they were caused by a breach on our part. We are not liable for business losses, or loss (including but not limited to theft) of or damage to your property. The Courses are intended for private use only but if used for any commercial or business purpose we 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 Courses would not cause damage to a device or digital content belonging to you and you can demonstrate that damage was caused by the Course, we will either repair the damage to your device or pay you compensation.

27.2    Your Indemnity to Us

You agree that if any third-party (for example, the owner of premises used by us to deliver any of our services) threatens or takes action against us (including but not limited to legal action) 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 ours and the third-party) reasonably payable by us in relation to the settlement of such claim.

27.3    Limit of Our Liability

If we are liable to you for any reason, our liability will be limited to the amount paid by you to us to date for the relevant Course on which you are currently Enrolled and as a result of which our 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.

27.4    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.

27.5    Legal Limitations

The limitations and exclusions in these Terms and Conditions apply only to the extent permitted by applicable law. Nothing in these Terms and Conditions shall exclude or limit any liability or rights to which you are entitled under applicable law where such liability or rights cannot lawfully be excluded or limited.

27.6    We will use reasonable endeavours to provide the Course and the Platform in accordance with these Terms and Conditions.

However, we will not be liable for any failure or delay in performing our obligations where such failure or delay results from events beyond our reasonable control, including but not limited to acts of God, natural disasters, pandemics, government restrictions, venue closures, industrial disputes, illness of tutors or assessors, interruption of utilities or telecommunications services, failure or disruption of information technology systems, hosting services or digital infrastructure, cyberattacks, or failure of third-party suppliers. In such circumstances we reserve the right to modify, reschedule or provide alternative delivery of the Course or any TAP.

28.    Social Platforms

28.1    We will use reasonable endeavours to ensure that the Social Platforms are used appropriately. Material deemed inappropriate by us will be removed as soon as reasonably possible after we are made aware of it, but the Social Platforms are provided without further liability to us.

28.2    It is your responsibility to ensure that any information that you share with other users of any Social Platform or on any page of any social media platform that features or mentions us or the Centre with which you undertake a TAP, (i) is factual; (ii) does not breach any third parties’ rights including trademark, database rights, copyright or other intellectual property rights; (iii) is not libellous, obscene, menacing, threatening, offensive, abusive, accusatory, fraudulent, or criminal; (iv) does not infringe the rights of other people, such as privacy rights; or (v) is in any way illegal or unlawful. Bear in mind that the information you upload or send us may be published by us and can be viewed world-wide.

In the event we become aware that you have made or published anywhere at any time any comment or statement which in our reasonable opinion is (i) not factual; (ii) breaches any third parties’ rights including trademark, database rights, copyright or other intellectual property rights; (iii) is libellous, obscene, menacing, threatening, offensive, abusive, accusatory, fraudulent, or criminal; (iv) infringes the rights of other people such as privacy rights; or (v) is in any way illegal, unlawful or otherwise unacceptable, we reserve the right (acting reasonably) to suspend your access to the Course/s on which you have Enrolled (including any Course work you may have completed) and/or bar you from enrolling on a Course/s in the future. In this event (i) we will no longer be under any obligation to you (including but not limited to the provision of Learner support); (ii) no refund of any Transaction will be given; and (iii) your obligation to make outstanding payments, whether or not they have yet fallen due, will not be cancelled.

28.3    By uploading or sending us information you grant us a non-exclusive, royalty-free, perpetual, worldwide licence to use, reproduce, modify and publish such information and waive your moral rights to be identified as the author of it to the extent permitted by law. We will assume that any information received is for publication by us and such other use as we, in our sole discretion, may deem fit upon a non-exclusive, royalty-free, perpetual basis. We have the right, at our sole discretion, to reject or to remove any information from the Social Platforms.

29.    General

29.1    Alterations

We may, at our discretion, alter these Terms and Conditions from time to time in order to (i) make changes to clarify and/or update the service we provide; or (ii) be consistent with current legislation, and post the new version on the Platform, following which all use of the Platform and your Enrolment will be governed by that version. We will present you with the new Terms and Conditions when you log into the Platform to access the Course on which you have Enrolled. If you are unhappy with any changes made by us under this clause 29.1, you can serve notice and end this agreement by choosing not to accept the new Terms and Conditions. If you serve notice and end this agreement (i) your access to any Course on which you have Enrolled (including any Course work you may have completed) will be suspended with immediate effect; (ii) no refund of any Transaction will be given; and (iii) any outstanding balance will become immediately payable.

29.2    Entire Agreement

These Terms and Conditions and the documents referred to within them (as appropriate), are your entire agreement in relation to us and any service you obtain from us.

You acknowledge that (i) you have not entered into this agreement in reliance upon any promise, assurance, understanding or other statement, made orally, in writing or implied, by us or any of our employees, subcontractors, representatives, or agents; and (ii) 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).

29.3    Illegality

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.

29.4    Jurisdiction

These Terms and Conditions and your use of the Platform are governed by the laws of England and Wales, and you submit to the exclusive jurisdiction of the courts of England and Wales.

29.5    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.

29.6    Out-of-court Complaint and Redress Mechanism

If you wish to make a complaint, you must submit it to us by email to [email protected] Your complaint must clearly set out the nature of the complaint and include sufficient information for us to investigate the matter. We may request further information where necessary and may decline to investigate complaints which are incomplete, unclear or where insufficient information is provided to enable us to understand or investigate the complaint.

Further information about how we handle complaints is set out in our Complaints Policy, which is available on our website.

Unless otherwise determined by us (and subject to clause 4.17):

(i) we will respond to complaints solely in writing;
(ii) we will only respond to or deal with complaints raised directly by you and not by any third party acting on your behalf; and
(iii) we may decline to respond to or deal with complaints that are wholly unjustified, abusive, made in bad faith, received after the Expiry Date, or received after successful completion of a Course.

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, you can contact the Financial Ombudsman Service (“FOS”) www.financial-ombudsman.org.uk You may also refer your complaint to the FOS if your complaint concerns such regulated activity and you have not received our final response within eight weeks from the date we received your complaint. We are obliged to submit to the ADR procedure operated by the FOS for such activity only. We are obliged to participate in the ADR procedure operated by the FOS only for activities of ours that are regulated by the Financial Conduct Authority.

You must refer your complaint to the FOS within six months of the date of our final response. If you do not refer your complaint in time, the FOS will not have our permission to consider your complaint and so will only be able to do so in very limited circumstances. For example, if the FOS believes that the delay was as a result of exceptional circumstances.

If your complaint is concerned with a credit agreement with a third-party lender for a Transaction, you must take up your complaint directly with that third-party lender. If your complaint is concerned with any aspect of a TAP provided by a Centre, you must take up your complaint directly with that Centre.

We are not obliged nor do we intend to submit to an ADR procedure operated by the above 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).

We reserve the right to disregard repetitive complaints concerning matters which we have already investigated and responded to.

29.7    Term of Agreement

The term of this agreement begins on your Enrolment and continues until all amounts owed under this agreement have been paid in full or the agreement is otherwise terminated in accordance with these Terms and Conditions. Your access to and ability to complete the Course is limited to the Course Term.

29.8    Third-party Rights

The Contracts (Rights of Third Parties) Act 1999 will not apply to these Terms and Conditions.

29.9    Survival

Clauses 4.10 (debt recovery), 9.4 (chargebacks), 10.15 (damage indemnity), 11.4 and 12.2 (retention of assessment records), 13.4 (record retention), 17.2 and 17.3 (investigation and disclosure), 19 (information you provide), 20 (liability for teaching), 22 (public performance), 23.2 (no copying), 24 (copyright and exclusivity), 25.2 and 25.3 (linking and liquidated damages), 27 (liability), 28.3 (licence to uploaded information), 29.2 (entire agreement), 29.4 (jurisdiction) and 31 (assignment) shall survive the expiry or termination of this agreement for any reason. Any obligation to make outstanding payments shall also survive.

30.    Notices

All notices shall be given (i) to us via email at [email protected] or by post to TRAINFITNESS, 128 City Road, London, EC1V 2NX; and (ii) to you at either the email or postal address you provided upon or have updated since Enrolment.

Notice will be deemed received when it 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 which we deem acceptable such as signed for delivery if sending your notification by post or a read receipt if sent by email.

31.    Assignment of Agreement

31.1    We may at any time assign, transfer or otherwise deal with our rights and obligations under this agreement without your consent or notice to you.

You may not assign, transfer or delegate any of your rights or obligations under this agreement, or the benefit thereof, without our prior written consent.

31.2    We may also subcontract the performance of any of our obligations under this agreement to third parties.

32.    Replacement

These updated Terms and Conditions replace all other Terms and Conditions previously applicable to the use of the Platform and your Enrolment from the date they are accepted by you or otherwise come into effect in accordance with clause 29.1.

33.    Qualification Guarantee™

This paragraph is subject to all other Terms and Conditions. The remainder of this paragraph is to be read subject to this condition.

33.1    Eligibility

The Qualification Guarantee™ applies to Learners enrolled on any Course, subject to clause 33.8, provided you meet the commitments set out in this paragraph 33, including Full Engagement with Coursework, active participation in support opportunities, and application of tutor/assessor feedback.

33.2    Definition of Full Engagement with Coursework:

To meet this requirement, Learners must:

• Complete all learning activities – Read course materials, watch any instructional videos, and complete any interactive content.
• Submit all assessments on time within the Course Term (as defined in clause 2.7 and set out in clause 6.1) – Meet deadlines and complete all required work to the best of your ability.
• Participate actively in required practical components – Complete all practical components of the Course that apply to your TAP, whether by attendance at clinics, training days or assessment days, or by submission of video assessments, as applicable.
• Seek support proactively when needed – Utilise available resources, including tutors, e-classes, and Learner support (as defined in clause 15.1)
• Maintain consistent engagement – Follow your TRAINPathway™ (the week-by-week plan you set up with TAIT™, our AI tutor, after you enrol) and maintain progress in accordance with it, rather than delaying work or rushing near deadlines. For the purposes of this clause, consistent engagement means completing each stage of your TRAINPathway™ within the timeframes set out in it. If you fall behind or your circumstances change, you can ask TAIT™ to rework your TRAINPathway™. TAIT™ will spread the work you still have to do across the time left in your Course Term, where it can realistically be completed in that time. The Qualification Guarantee™ will then apply to the reworked pathway, as long as you follow it. The Course Term will not be extended to accommodate a reworked pathway.

33.3    Learner Responsibilities

To remain eligible for the Qualification Guarantee™, Learners must:

• Meet all criteria for Full Engagement with Coursework as outlined in clause 33.2.
• Apply tutor/assessor feedback to improve performance and progression.

33.4    Our Commitment

We will provide:

• Continuous access to Course materials and learning resources.
• Constructive feedback to support Learner development.
• Ongoing support to assist Learners in achieving certification.
• Free resubmission of any assessment you refer (fail), as many times as it takes, for as long as you remain eligible for the Qualification Guarantee™.

33.5    Limitations of Qualification Guarantee™

The Qualification Guarantee™ ensures that we will provide the necessary resources, guidance, and support to help Learners succeed. However:

• It does not constitute a promise of automatic certification; Learners must meet all Course and assessment requirements and competency standards.
• The Qualification Guarantee™ does not cover instances where a Learner fails due to insufficient engagement, non-submission of assessments, failure to meet assessment deadlines, or repeated failure to demonstrate required competencies.
• The Qualification Guarantee™ does not extend to external factors beyond our control, including but not limited to Learner illness, changes in personal circumstances, or technical issues affecting Course access, except where you have reworked your TRAINPathway™ with TAIT™ to take account of them and then follow the reworked pathway (see clause 33.2).

33.6    Liability Limitation

While we are committed to supporting Learners in achieving certification, we do not accept liability for any costs, losses, or damages arising from a Learner’s failure to meet the requirements of the Course or certification. Our liability is limited to the provision of agreed Course resources, guidance, and support as outlined here and is subject to paragraph 27 (Liability).

33.7    Amendments

We reserve the right to modify or withdraw the Qualification Guarantee™ at any time and without prior notice. Any such modification or withdrawal will not apply to Learners already Enrolled at the date of such modification or withdrawal, provided that those Learners continue to meet the requirements of this paragraph 33.

33.8    Exclusions

The Qualification Guarantee™ does not apply to Learners Enrolled on the Gym Instructor and Personal Trainer Practitioner Diploma before 7 March 2025, or to Learners Enrolled on any other Course before 23 October 2026.

33.9    Remedy

Where a Learner has satisfied all of the requirements of this paragraph 33 and has not achieved certification by the Expiry Date, we will extend the Course Term by one month at no additional cost, with continued access to Learner support during that extension. At the end of each such extension, if you have continued to meet the requirements of this paragraph 33 throughout it — including submitting or resubmitting every outstanding assessment within that month — and have still not achieved certification, we will grant a further one-month extension on the same basis, and so on until you achieve certification. If, during any extension, you stop meeting those requirements, no further extension will be granted under the Qualification Guarantee™, although you may still extend the Course Term by paying the Extension Fee under clause 6.3. This clause sets out the sole and exclusive remedy available under the Qualification Guarantee™. The Qualification Guarantee™ does not entitle you to a refund of the Course Fee or any Transaction.

34.    Price Match Promise™

34.1    If, prior to Enrolment, you provide us with evidence that a comparable course is offered by another UK-based training provider at a lower price, we will match that price, subject to the conditions set out in this clause.

34.2    For the purposes of this clause, a comparable course means a course that offers the same accreditation, the same qualification outcome, the same study option, and the same features and support as the Course you wish to enrol on with us.

34.3    The competing price must be currently advertised, publicly available and verifiable by us at the time you make your claim. We do not match prices based on expired promotions, private or negotiated rates, cashback offers, voucher codes, bundle discounts, or prices available only to specific groups such as students or members.

34.4    A price match claim must be submitted to us in writing before you enrol. We will not consider claims made after Enrolment.

34.5    We reserve the right to verify any claim and to refuse a price match if, in our reasonable opinion, the competing course is not comparable or the price is not verifiable. Our decision is final.

34.6    The Price Match Promise™ applies to the Course Fee only and does not apply to Extension Fees, rebooking fees, certification fees, or any other fees or Transactions.

34.7    A price matched under this clause cannot be combined with any other promotional offer, discount or personal discount code.

35.    No Partnership or Agency

Nothing in these Terms and Conditions creates or is intended to create any partnership, joint venture or agency relationship between you and us.

No Centre or other third party involved in the delivery of a Course has authority to make any representation, promise or commitment on our behalf unless expressly authorised by us in writing.

36.    Personal Discount Codes

36.1    We may issue you a personal discount code, for example when you request your prices on one of our web pages. Unless we tell you otherwise when we issue it, a personal discount code: (i) can be used once, only by the person it was issued to and only with the email address it was issued to; (ii) cannot be transferred, sold or shared; (iii) expires on the date we give you when we issue it; (iv) must be applied at the time of purchase, and cannot be applied after Enrolment or used to claim back any difference in price; (v) has no cash value; and (vi) cannot be combined with a Price Match Promise™ claim.

36.2    Where we tell you a personal discount code can be used with a current promotional offer, the code’s discount is applied to the offer price.

36.3    We may cancel a personal discount code that has been shared, misused or issued in error.

37.    Career Concierge®

37.1    Career Concierge® is an optional career support service available to Learners enrolled on our Personal Trainer Practitioner Diploma™, Specialist Diploma™ or Master Diploma™. It may include help building your CV, guaranteed interviews with selected employers, access to a jobs board for our graduates, and referrals to third-party specialists, for example in insurance.

37.2    You can use Career Concierge® during your Course Term and for one month after it ends.

37.3    Interviews depend on employers’ vacancies and selection criteria at the time. A guaranteed interview is a guaranteed opportunity to be interviewed, not a guarantee of a job offer. Third-party specialists provide their services under their own terms, and we are not responsible for those services.

37.4    We may change, suspend, replace or withdraw Career Concierge®, or any part of it (including the employers or specialists it works with), at any time. Any change will not reduce the support available to Learners already Enrolled without giving them reasonable notice.

STANDARD CONTRACT BETWEEN LEARNER AND CENTRE

1.    Introduction

1.1    This Standard Agreement between Learner and Centre (such Centre as identified in a confirmatory email we send you) (also referred to as the “Standard Agreement“) sets out terms which apply to any Transaction between a Learner and a Centre that involves the delivery of training or assessment services by that Centre to that Learner as part of any TAP.

1.2    Each time a Transaction is initiated, the Standard Agreement will apply and will legally bind the Learner and Centre participating in the Transaction.

1.3    The only parties to the Standard Agreement are the Learner and Centre participating in the Transaction. Unless acting as a Centre, we are not a party to the Standard Agreement and we do not participate in any third-party Centre’s delivery of its training or assessment services. For the avoidance of doubt, the Centre is solely and exclusively responsible for the training or assessment services it delivers to a Learner as part of a TAP (including without limitation the acts and omissions of its tutors, assessors and staff).

We do not supervise, control or direct the delivery of any training or assessment services provided by a Centre.

Nothing in these Terms and Conditions or the Standard Agreement shall be construed as creating any partnership, joint venture or agency relationship between us and any Centre.

1.4    This Standard Agreement is deemed amended to reflect any update to the Terms and Conditions made in accordance with clause 29.1 of the Terms and Conditions. Where the Terms and Conditions are updated, the corresponding provisions of this Standard Agreement shall be read and construed in accordance with the updated Terms and Conditions from the date on which they take effect.

2.    Interpretation

2.1    In this Standard Agreement, defined terms have the same meanings given to them in the Terms and Conditions. In addition:

2.2    “Fee“ means the fee we charge Centres for us providing, maintaining and operating the Platform.

2.3    “Centre Social Platforms” means Centre-branded pages on social media platforms

3.    Obligations between Learner and Centre

3.1    The Learner and Centre participating in the Transaction agree to comply at all times with the Terms and Conditions entered into between us and the Learner.

3.2    By entering into a Transaction, the Learner agrees to pay the amount applicable to the Transaction in accordance with the pricing published by the Centre plus any VAT which is applicable. The Learner and Centre participating in the Transaction authorise us to act as a payment intermediary and to collect, hold, and process the payment and any applicable VAT, to deduct our Fee, and to pay out the sums due to the Centre as described in the agreement between us and the Centre. The Learner participating in the Transaction agrees not to initiate a chargeback other than if the Learner disputes the Transaction in good faith.

3.3    The Centre participating in the Transaction agrees to make available to the Learner its training and/or assessment services relevant to the Transaction after the Learner has settled the Transaction.

3.4    The Learner and Centre participating in the Transaction agree the Centre is solely responsible for the delivery of its training and/or assessment services relevant to the Transaction.

3.5    The access granted to a Learner in relation to the relevant TAP will expire automatically without notice in the following circumstances:

3.5.1    if any Transaction related to the relevant TAP is unsuccessful, or is charged back or reversed for any reason;

3.5.2    if the Learner’s access to the relevant TAP is suspended or their agreement with us is cancelled by us for any reason;

3.5.3    upon expiry of the Course Term (unless you have successfully completed the Course in its entirety).

3.6    The Centre will fully comply with its obligations under the Consumer Rights Act 2015 in relation to quality, fitness for purpose and description. The Centre will exercise reasonable care and skill in the provision of its training or assessment services for a TAP. The Learner assumes total responsibility and risk for the Learner’s use of a TAP and use of all information contained within it.

3.7    For information regarding a Centre’s CCTV policy, the Learner must contact the Centre directly.

3.8    In addition to clause 10.4 of the Terms and Conditions, the Centre’s advertised schedule of assessment days, training days and clinics is subject to change for reasons beyond its reasonable control and it reserves the right to change and/or cancel dates, locations and venues at any time. No refund of any Transaction or extension of the Course Term will be given in these circumstances.

4.    Centre Social Platforms

4.1    The Centre will use reasonable endeavours to ensure that the Centre Social Platforms are used appropriately. Material deemed inappropriate by the Centre will be removed as soon as reasonably possible after the Centre is made aware of it, but the Centre Social Platforms are provided without further liability to the Centre.

4.2    It is your responsibility to ensure that any information that you share with other users of any Centre Social Platform, or on any page of any social media platform that features or mentions the Centre, (i) is factual; (ii) does not breach any third parties’ rights including trademark, database rights, copyright or other intellectual property rights; (iii) is not libellous, obscene, menacing, threatening, offensive, abusive, accusatory, fraudulent, or criminal; (iv) does not infringe the rights of other people, such as privacy rights; or (v) is in any way illegal or unlawful. Bear in mind that the information you upload or send to the Centre may be published and can be viewed world-wide.

In the event the Centre becomes aware that you have made or published anywhere at any time any comment or statement which in the Centre’s opinion is i) not factual; (ii) breaches any third parties’ rights including trademark, database rights, copyright or other intellectual property rights; (iii) is libellous, obscene, menacing, threatening, offensive, abusive, accusatory, fraudulent, or criminal; (iv) infringes the rights of other people such as privacy rights; or (v) is in any way illegal, unlawful or otherwise unacceptable, the Centre reserves the right to suspend your access to the TAP on which you have undertaken with it and/or bar you from undertaking a TAP with the Centre in the future. In this event the Centre will no longer be under any obligation to you.

4.3    By uploading or sending the Centre information you waive your moral rights to be identified as the author of it and also give the Centre licence to modify such information. The Centre will assume that any information received is for publication and such other use as the Centre, in its absolute discretion, may deem fit upon a non-exclusive, royalty-free, perpetual basis. The Centre has the absolute right, at its sole discretion, to reject or to remove any information from the Centre Social Platforms.