We are Train Limited trading as TRAINFITNESS (“the Company”, “TL”, we”, “us” or “our”)
Products
Products are defined as goods sold by us on our site. Courses are not included in the definition of Products, and this Transaction Policy for Products does not apply to Courses. The Transaction Policy for Courses can be found below in the section titled ‘Courses’.
Introduction
Please read these Goods – Terms and Conditions of Access to Our Website & Conditions of Sale (“Goods Terms and Conditions”) carefully before using the website operated by Train Limited trading as TRAINFITNESS (company number 15989369) (“TRAINFITNESS ”). In particular, we draw your attention to paragraphs 8 (Applicability of online materials), 12 (Liability) and 9.2 (PPL Licence).
Without prejudice to the above, by using or accessing our website, you agree to be legally bound by these Goods Terms and Conditions of use as they apply to your use of or access to our website.
If you do not wish to be bound by these Goods Terms and Conditions then you may not use our website or purchase goods.
Nature of our Website
Our website is a place for you to select and order goods being sold by TRAINFITNESS (‘the Products’). Details of the Products are, as required by law, shown on our website next to each Product and are sold subject to these Goods Terms and Conditions.
Please note that the contents of our website are aimed at users who are professional instructors aged 18 years and above, and you must be over 18 years to purchase the Products, using the payment method displayed on our website. By making a purchase from our website you are warranting that you are a professional instructor or that you are purchasing the Products on behalf of a professional instructor.
Buying Products on our Website
Purchasing a Product could not be easier. Just browse the catalogue on the website, click on any items that you wish to buy and put them into the shopping cart. After you have finished your selection, click on “checkout” and you will be asked for a few details that we need to be able to satisfy the order.
Details of the prices for the Products and the procedures for payment and delivery are displayed on or through our website. The price of any Product is the price in force at the date and time of your order. The price of any Product may change before you place an order. We try to ensure that the prices displayed on our website are accurate but the price on your order will need to be validated by us as part of the acceptance procedure (see paragraph 4.1). We will inform you if a Product’s correct price is higher than that stated in your order and you may cancel the order and decide whether or not to order the Product at the correct price.
For orders made from the United Kingdom or the European Union, VAT at the rate current at the time of purchase is added. All other orders are VAT free and you should click the exempt button to reduce VAT to zero.
You undertake that all details you provide to us for the purpose of purchasing Products will be correct, that the credit or debit card, or any electronic cash, which you use is your own and that there are sufficient funds or credit facilities to cover the cost of all Products you order. We reserve the right to obtain validation of your credit or debit card details.
Payment for Products
You must pay for the Products by Visa, Mastercard or most other credit or debit cards at the time of the order, at which time you will be notified of the current price. If you are shopping from outside the United Kingdom (‘UK’), place your order and your credit card company will convert the transaction into US Dollars or your own currency.
TRAINFITNESS is entitled to refuse any order placed by you or on your behalf. If your order is accepted, we will confirm acceptance to you by online electronic means (‘Confirmation’) to the e-mail address you have given us on ordering. The order will then be fulfilled by the date set out in the Confirmation. Orders within the UK will normally be received with 1 to 3 working days. Orders to be delivered to an address outside the UK will normally be received within 3 to 10 working days.
If your item is not in stock we will back-order for you. You will be e-mailed with the option to cancel your order if you would rather not wait.
Shipping and handling rates include first class delivery within the UK and International Airmail for orders delivered outside the UK. If you wish to have your order shipped by any other method, including FedEx or DHL, please contact [email protected] for pricing prior to placing your order.
You may return any Products you have purchased within 14 days of delivery for any reason (including if you simply change your mind). To do so you must notify us in writing or other durable medium (including e-mail) within those 14 days. In circumstances where we have not received your notification, you will be required to provide evidence. You are therefore required to retain evidence of dispatch such as recorded delivery if sending your notification by post or a read receipt if sent by e-mail. You will then be entitled to a refund from TRAINFITNESS, which will be paid as soon as possible, but in any event within 30 days of us receiving the returned Products. You must arrange for and pay the costs of returning the Products to TRAINFITNESS. While in your possession, you must keep any Products you intend to return to us in good condition. The rights referred to in this paragraph do not apply:
we will refund to you the price paid and your reasonable costs of returning the Product. Please e-mail us at [email protected]stating your order number (Cart ID)
Complaints
If you have a complaint, you should direct it to us via email at [email protected]
Computer Specification, Software Support and Modifications to Website
You are responsible for providing and maintaining suitable computer and communications equipment and software necessary to gain access to https://train.fitness and or to use any downloadable Products you purchase. Upon request, TRAINFITNESS will provide you with a list of free software that you can install prior to purchase so that you can test the suitability of the computer, equipment and software you are using with the TRAINFITNESS systems, software and Products.
It is your responsibility to ensure that you have sufficient technical competence to operate a computer for the purposes of downloading, streaming and viewing a Product, if those options are available for that Product.
If you are using the computer of a third party (e.g. your employer), it is your responsibility to ensure that you have the necessary consent to do so. If your circumstances change (e.g. if you change employer or if your employer changes its computer, equipment or software) and you no longer have access to a suitable computer for any reason, TRAINFITNESS is not responsible for this and no refund of the price paid for a Product will be given in these circumstances.
TRAINFITNESS does not provide software support and this is for you to arrange with your software provider.
We reserve the right to alter, suspend or discontinue any aspect of our website or the content or Products available through it, including your access to it. Unless stated otherwise, any new features including new content, and/or the sale of new Products (including, for the avoidance of doubt, those of third parties) shall be subject to these Goods Terms and Conditions.
Information You Provide
The following applies to any information you provide to us, for example, during any registration or ordering process:
Processing and Disclosure Rights
By accepting these Goods Terms and Conditions, you agree to the processing and disclosure of the Personal Information for the purposes referred to in 6.1 above.
Security
You are solely responsible in all respects for all use of and for protecting the confidentiality of any username and password that may be given to you or selected by you for use on our website. You may not share these with or transfer them to any third parties. You must notify TRAINFITNESS immediately of any unauthorized use of them or any other breach of security regarding our website that comes to your attention.
All credit card numbers are encrypted in the software when the order is placed using 128 bit encryption. We do not keep or store your credit card details.
Applicability of Online Materials
Personal Use
Unless otherwise stated, text on our website is presented solely for your private, personal and non-commercial use.
For Products that are downloadable, TRAINFITNESS (for itself and if appropriate, on behalf of the third party seller) grants you a non-exclusive, non-transferable license to use graphic files, audio files, video files and other software associated with such Products. It is your responsibility to ensure that your computer, equipment and software are of sufficient specification to enable you to download any Product that you purchase through our website. TRAINFITNESS will have successfully tested all such downloadable Products but you assume responsibility and should damage be caused to your computer or you be inconvenienced in any other way, you and not TRAINFITNESS shall assume the entire cost of all damages which may result from any defect. You assume total responsibility and risk for your use of our website, use of all information contained within it and all materials you may download from it.
Compliance with Law
We have used our best endeavors to ensure that our website complies with English law.
Copyright, PPL and Responsibility
The contents of our website and our Products are protected by international copyright laws and other intellectual property rights. The owner of these rights is TRAINFITNESS or other third party licensors or sellers. All product and company names and logos mentioned in our website and on our Products are the trademarks, service marks or trading names of their respective owners, including us. You may download material from our website for the sole purpose of placing an order with TRAINFITNESS or using our website as a shopping resource. However, you may not modify, copy, reproduce, republish, upload, post, transmit or distribute, by any means or in any manner, any material or information on or downloaded from our website including but not limited to text, graphics, video, recordings, choreography, messages, code and/or software without our prior written consent, except where expressly invited to do so, for example in order to complete any test or questionnaire.
You acknowledge that all materials, literatures, routines, choreography and property contained in or relating to the Products are the sole property of TRAINFITNESS or the third party sellers and you warrant that you shall not make copies of the Products or otherwise do anything that might prejudice the interest of TRAINFITNESS or any third party sellers in the Product.
Certain Products require a public performance license to use them publicly. If you use one of these Products publicly you warrant that:-
Either
or
You agree to fully indemnify TRAINFITNESS for any loss, cost or expense we incur if you or any third party on whose behalf you use the Product act in breach of these warranties.
You acknowledge that it is your responsibility to choose a Product that is suitable for your purposes and if using a Product for professional purposes, that you have the appropriate training in order to deliver any associated activity safely. You represent and warrant that you discharge TRAINFITNESS, its agents, employees or representatives on a continuing basis from any and all liability from injuries or damages resulting from your use of the Products (including but not limited to use through performing, conducting, teaching or instructing) to the fullest extent permitted by law. This exclusion shall not cover death or personal injury caused by the negligence of TRAINFITNESS or its employees, agents or sub-contractors.
It is your responsibility to ensure that you are sufficiently fit, physically, mentally and emotionally, to undertake all components of the Products as well as aerobic, anaerobic, resistance, flexibility, stability, muscular strength and endurance exercise. We recommend you obtain medical clearance from your GP prior to purchasing any of the Products that encourage you to perform exercise or before commencing any of the exercises contained with the Products. You understand that the Products may encourage you to perform 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 are required to conduct yourself in an appropriate manner during all dealings and correspondence with TRAINFITNESS. If you behave in a manner which, in the opinion of TRAINFITNESS, is threatening, abusive, offensive or otherwise unacceptable, TRAINFITNESS will have the right to bar you from using the website and refuse future dealings with you. You will remain liable to pay the price for Products you have purchased and no refunds will be given.
Linking
Linked Sites
TRAINFITNESS makes no representations whatsoever about any other websites which you may access through our website or which may link to our website. When you access any other website you understand that it is independent from TRAINFITNESS 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 TRAINFITNESS endorses or accepts any responsibility for the content or the use of such a website and shall not be liable for any loss or damage caused or alleged to be caused by or in connection with use of or reliance on any content, goods or services available on or through any other website or resource. Any concerns regarding any external link should be directed to its website administrator or web master.
No Linking to or Extraction of Data or Other Information from TRAINFITNESS Site
Any linking to, deep linking to, or extraction from the TRAINFITNESS Site without the written consent of TRAINFITNESS in hard copy with original signature by a director of TRAINFITNESS is strictly prohibited.
Liquidated Damages
Without prejudice to the generality of the foregoing sub-paragraph 10.2, any third party contravening the provisions of sub-paragraph 10.2 shall be liable for liquidated damages to TRAINFITNESS for the aggregate of twice the value of any goods sold as a result of such unauthorized activity and all costs incurred by TRAINFITNESS whatsoever in researching and dealing with the relevant breach of these Terms and Conditions.
Availability of our Website
We will try to make our website available but cannot guarantee that our website will operate continuously or without interruptions or be error free and can accept no liability for its unavailability. You must not attempt to interfere with the proper working of our website and, in particular, you must not attempt to circumvent security, tamper with, hack into, or otherwise disrupt any computer system, server, website, router or any other internet connected device.
Liability
Seller’s Warranties
All Products you purchase from our website will be covered by such guarantees and warranties as are provided by the manufacturer/producer/provider of the Product and neither TRAINFITNESS nor any third party seller accepts any liability for them other than as stated in paragraph 4.6. All other express or implied terms, conditions, warranties, representations or endorsements whatsoever with regard to the Products, our website or any information or service provided through our website are strictly excluded. We will do our best to ensure that all materials and information published on our website are accurate, but please note that all materials and information on our website are provided on an ‘as is’ basis.
Exclusion of Liability
In relation to the purchase of Products, neither TRAINFITNESS nor any third party seller accepts any liability for any indirect or consequential loss or damage, or for any loss of data, profit, revenue or business (whether direct or indirect), however caused, even if foreseeable. In circumstances where you suffer loss or damage arising out of or in connection with the viewing, use or performance of our website or its contents, we accept no liability for this loss or damage (except where we have been negligent) whether due to inaccuracy, error, omission or any other cause and whether on the part of TRAINFITNESS or our servants, agents or any other person. Without prejudice to the generality of the above paragraph, it is your responsibility as a professional instructor to use the Products in an appropriate and safe manner ensuring that you have all necessary qualifications, licenses and insurances relevant to the manner in which you are going to use the Products.
Limit of Liability
If we or a third party seller are liable to you for any reason, such liability will be limited to the amount paid by you for the Product concerned. This limit does not apply to any liability we may have for death or personal injury resulting from our negligence.
User’s Responsibilities
You are responsible for ensuring that your computer system meets all relevant technical specifications necessary to use our website and is compatible with our website. You also understand that we cannot and do not guarantee or warrant that any material available for downloading from our website will be free from infection, viruses and/or other code that has contaminating or destructive properties. 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.
Legal Limitations
The limitations and exclusions in this clause only apply to the extent permitted by applicable law.
Forum
You acknowledge that any facility provided by TRAINFITNESS to enable students to communicate with each other, such as a forum or chat room, is provided without liability to TRAINFITNESS.
It is your responsibility to ensure that any information that you share with other users of the site is accurate and does not breach any third parties’ rights including trade mark, database rights, copyright or other intellectual property rights, nor is libellous, obscene, menacing, threatening, offensive, abusive, fraudulent, criminal nor infringes the rights of other people, such as privacy rights, or is in any way illegal or unlawful. Bear in mind that the information you send us will be published on our site and can be viewed world-wide.
By sending us information you waive your moral rights to be identified as the author of it and also give TRAINFITNESS licence to modify such information. We will assume that any information received is for publication on our website and such other use as TRAINFITNESS, in its absolute discretion, may deem fit upon an exclusive, royalty-free, perpetual basis. We have the absolute right, at our sole discretion, to reject or to remove any information from our website
General
Alterations
We may alter these Goods Terms and Conditions from time to time and post the new version on our website, following which all use of our website to select and order Products will be governed by that version. You must check the Goods Terms and Conditions on the website regularly.
Entire Agreement
These Goods Terms and Conditions together with any order form and payment method instructions, if any, are your whole agreement in relation to TRAINFITNESS and any Products. You understand that any agreement to order or purchase TRAINFITNESS Products from or through our website will be an agreement between you and TRAINFITNESS . Any agreement to order or purchase Products of third party sellers will be between you and the third party seller but subject to these Goods Terms and Conditions with TRAINFITNESS acting as agent of the third party seller. You acknowledge that you have not entered into this agreement in reliance upon any warranty or representation made by TRAINFITNESS or any other person and you waive any rights to damages/rescission you may have for misrepresentation (other than a fraudulent misrepresentation) that is not contained in these relevant Goods Terms and Conditions, order form and payment method instructions.
Illegality
If any provision or term of these Goods 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 Goods Terms and Conditions and shall be deemed to be deleted from them.
Jurisdiction
These Goods Terms and Conditions and your use of our website are governed by English law and you submit to the non-exclusive jurisdiction of the English court.
Causes beyond Control
Neither you nor TRAINFITNESS will be held liable for any failure to perform any obligation to the other due to causes beyond your or TRAINFITNESS’s respective reasonable control.
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.
Notices
All notices shall be given:
or
or
Notice will be deemed received when an email 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 3 days after the date of posting.
Replacement
These terms and conditions replace all other Goods Terms and Conditions previously applicable to the use of our website.
Courses
We define a course as digital content and the related learning services provided by us (‘Course’). This definition provides the main characteristics of a Course. We refer to the websites, apps, content and services we may provide in conjunction with a Course collectively as the platform (‘Platform’). This Transaction Policy for Courses applies to Courses only and not to Products.
If you do not want to be bound by the Transaction Policy for Courses, then you must not enrol on a Course. By enrolling on a Course you agree to be bound by the Transaction Policy for Courses.
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 the suspension of all Courses on which you have Enrolled at which time we will no longer be under any obligation to you. We may be prepared to consider an Application for those between the ages of 16 to 17 but in these circumstances you will need a Guarantor. If you are not at least 18 years old or do not have a Guarantor, you must not make an Application. Please see clause 4.5 if you are between the ages of 16 and 17 and would like to make an Application.
We are entitled to refuse any Application made by you or on your behalf.
A basic level of English and Maths is required to understand the content of a Course. By enrolling on a Course you are confirming you possess such level.
By enrolling on a Course you confirm you hold or meet the relevant prerequisite requirements for the Course.
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 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. 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. In such instances you will be responsible for any costs incurred by us such as bank fees, transfer charges or merchant service charges from processing/receiving your payment of the Course Fee and or refunding the Course Fee.
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.
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 under any circumstances (including but not limited to pregnancy, illness, injury, relocation or any other change in personal circumstances) will be given and the obligation to make outstanding payments, whether or not they have yet fallen due, will not be cancelled. The facility of paying the Course Fee by instalments is offered to assist you spread your expenditure only. Commencement of any part of a Course is deemed commencement of the whole Course 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 any action required to reclaim 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).
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 any action required to reclaim 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).
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 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. If you enter into a credit agreement with an approved third-party lender, they will provide you with a copy of the credit agreement and instructions on how to cancel it with them, including a cancellation form. Cancellation of a credit agreement with an approved third-party lender is only possible if the cancellation request is received by them within 14 days of the date of enrolment.
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 agree and understand that your right to cancel your credit agreement will end on the expiry of 14 days from the date of Enrolment.
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 in a Course Fee (whether paid or due to be paid by you or on your behalf) and those 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.
The term of your agreement with us and the minimum duration of your obligations under it is the period of the Course Term and the time it takes for you to pay the Course Fee in full, in accordance with the TL terms and conditions. The Course Term for a Course is six months from the date of Enrolment, with the exception of the Gym Instructor and Personal Trainer Specialist Diplomas which have a nine-month Course Term from the date of Enrolment; the Gym Instructor and Personal Trainer Master Diplomas which have a 12-month Course Term from the date of Enrolment; and the Personal Trainer Master Diplomas which have a nine-month Course Term from the date of Enrolment.
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 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.
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.
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. 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. We recommend you obtain medical clearance from your GP prior to Enrolment or before commencing any of the exercises contained with 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.
We will fully comply with our obligations under the Consumer Rights Act 2015 in relation to quality, fitness for purpose and description. 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 the relevant Course prospectus/brochure (which you can request from us or the Centre) for a description of a Course before enrolling on it. By enrolling you confirm (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. We will exercise reasonable care and skill in the provision of the Platform and the Courses. Unless we are in breach of these obligations, 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. You assume total responsibility and risk for your use of the Platform and use of all information contained within it.
If you have a complaint, please write to us by email to [email protected] Unless otherwise determined by us (i) we will respond to complaints solely in writing; and (ii) we will not respond to or deal with complaints which are wholly unjustified, abusive, made in bad faith; received after the Expiry Date; or received after successful completion of a Course. You Warrant that you will not make any complaint which is wholly unjustified, abusive, or made in bad faith.
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. 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.
Irrespective of how you bought the Course you may file your complaint with Consumer Arbitration www.consumerarbitration.co.uk 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). You may read our complaints policy in full on https://train.fitness/more/terms-conditions/complaints-procedure.