TERMS AND CONDITIONS OF ACCESS TO THE FIT TRAINING WEBSITE AND ONLINE ENROLMENT
1.1 Please read these Terms and Conditions carefully before using the website operated by Fit Training International Limited (company number 9513643) (FTI). In particular, we draw your attention to paragraphs 11 (Applicability of Course Materials and other online materials) and 15 (Liability). If you have any questions please contact us immediately by telephone, e-mail or through the website.
1.2 Without prejudice to the above, by using or accessing our website, you agree to be legally bound by these Terms and Conditions of use as they apply to your use of or access to our website and enrolment on our courses.
1.3 If you do not wish to be bound by these Terms and Conditions then you may not use our website or enrol on our courses.
2 Nature of our Website
2.1 Our website is a place for you to enrol on our courses (including optional modules), select and order goods and other services. Details of the courses and fees you will be required to pay are shown on our website.
2.2 Please note that the contents of our website are aimed at users aged 18 years and above, and you must be over 18 years to purchase the courses. FTI may be prepared to enrol students between the ages of 16-18 but in these circumstances, a third party such as a parent or guardian will need to guarantee the contract on your behalf. Paragraph 3.4 below contains further details that apply to prospective students aged 16-18.
3 Enrolling on Courses on our Website and Fees – Delivery Policy
3.1 To enrol on a course and select optional modules you will need to follow the procedures set out on our website.
3.2 Details of fees and the procedures for payment (including the deposit applicable where fees are payable under the methods described in 3.3.1 and 3.3.2 below) are displayed on our website. In enrolling on a course and where relevant selecting optional modules you are agreeing to be responsible for the payment of the applicable fees in full.
3.3 FTI’s acceptance of your application to enrol on a course with confirmation of the optional modules you have selected will be notified to you by FTI online using electronic means (Enrolment Notification) when arrangements for full payment for the course by one of the methods referred to in 3.3.1 & 3.3.2 below have been made by you and been confirmed as satisfactory by FTI or any third party acting on our behalf and at that time the contract between us will come into force. The Enrolment Notification, which will be sent to the e-mail address you gave us when ordering, will be sent to you when we (or any third party acting on our behalf) receives:-
3.3.1 cleared funds for payment in full for the course; or
3.3.2 an initial deposit in cleared funds and a contract through our Merchant Payment Service (PayPal, Europe) with an outline payment scheme, known as the payment plan, for the outstanding balance.
Until an Enrolment Notification is sent by FTI there is no contract between us.
3.4 If you are aged between 16 and 18 when you commence a course you will need a third party such as a parent or guardian to stand as your guarantor for the obligations that you will be entering into. You are required to give the name and address of your proposed guarantor on your application to enrol. FTI will write separately to your nominated guarantor who will be required to confirm to us in writing that they are prepared to stand as your guarantor. On receipt of the appropriate confirmation of guarantee and payment (as explained in 3.3 above) an Enrolment Notification will be sent to you and to your guarantor. Until this happens there is no contract between us.
3.5 If a third party such as your employer is paying for your fees you are required to give the name and address of the payer on your application to enrol. FTI will write separately to such third party who will be required to confirm to us in writing that they are prepared to pay your fees. On receipt of the appropriate confirmation of guarantee and payment (as explained in 3.3 above) an Enrolment Notification will be sent to you and to the third party who is responsible for your fees. Until this happens there is no contract between us.
3.6 You undertake that all details you provide to us (or any third party acting as our agent) for the purpose of enrolling you 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.
3.7 FTI reserves the right to require you to provide any additional information that it may deem necessary in order to authorise your enrolment.
3.8 You recognise that if payment for your course is not made by the due date for payment it will result in the matter being referred to the Credit Protection Association (CPA) for recovery of the outstanding debt. If so, you agree to indemnify FTI against the costs FTI incurs in referring the matter to CPA to pursue the debt including CPA’s current applicable fees for writing to you, any commission payable by FTI to CPA, all reasonable incidental costs of recovering the debt and interest as applicable
4 Withdrawal and Access to course materials – including Refund/Cancellation Policy
4.1 As part of undertaking an FTI course you will be granted access to various materials (Course Materials)
4.2 You may withdraw from a course (or de-select any optional modules that you may have selected) for any reason (including if you simply change your mind) within 7 working days of us (or an agent acting on our behalf) sending the Enrolment Notification. To do so you must notify us in writing or e-mail within those 7 working days. You will then be entitled to a full refund from FTI in respect of the course or the optional modules you have withdrawn from (as the case may be). This will be paid as soon as possible, but in any event within 30 days. The rights referred to in this paragraph do not apply where you have received any benefit from enrolling on the course including but not limited to accessing Course Materials or areas of the website that are only available to enrolled students. You may de-select any optional modules within the 7 working days provided you have not accessed any Course.
4.3 Following the expiration of 7 working days from the date on which FTI (or our agent) has sent the Enrolment Notification, no refunds will be given and the obligation to make outstanding payments whether or not they have yet fallen due will not be cancelled unless you are incapacitated and can provide a medical certificate or other evidence to the satisfaction of FTI that you will be unable to perform physical activity for a period of one year or more from the date of the medical certificate or other evidence. The decision to grant a refund or cancel the obligation to make outstanding payments whether or not they have yet fallen due will be made at the sole discretion of FTI and the decision will be final. Under no circumstances will refunds be given for courses (or modules or part modules forming part of a course) that have already been commenced (whether or not completed) and you will remain liable to FTI for any unpaid fees for such courses.
4.4 When you are paying for a course by instalments, access will only be given to Course Materials on condition that all due instalment payments have been made to date in accordance with the payment schedule. If for any reason, payments, as outlined in any payment schedule, are not received by FTI (or our agent) or any payment is returned, refunded or retrieved by you, your credit card company or the entity through which you have arranged finance, your access to Course Materials will be denied, the contract between us and your enrolment will be cancelled immediately. No refund will be given of the initial deposit or any payments made to the date of cancellation. FTI will take any action required to reclaim all outstanding payments (including those that have not yet fallen due).
5 Computer Specification, Software Support and Alterations to the Website, Courses and the Awarding Body
5.1 You are responsible for providing and maintaining suitable computer and communications equipment and software necessary to gain access to http://www.fittraininginternational.com and download Course Materials to enable you to complete the course for which you have enrolled.
5.2 If you are using the computer of a third party (e.g. your employer) it is your responsibility to ensure that you have the necessary consent to do so. If your circumstances change (e.g. if you change employer or if your employer changes its computer, equipment or software) and you no longer have access to a suitable computer for any reason, FTI are not responsible for this and no refund of fees will be given in these circumstances.
5.3 FTI does not provide software support and this is for you to arrange with your software provider.
5.4 We reserve the right to alter, suspend or discontinue any aspect of our website or the content or services available through it. This includes but is not limited to changes that we are required to make in the content and structure of our courses in order to ensure continuing compliance with the requirements of national standards and the awarding body.
In particular but without prejudice to the generality of the foregoing we reserve the right to change the awarding body of the courses offered through our website provided that any substituted awarding body will provide a qualification of equal level on the national framework as set by the skills sector council Skills Active or its successor.
Unless stated otherwise, any new features including new content, and/or the availability of new courses or modules shall be subject to these Terms and Conditions.
6.1 The following applies to any information you provide to us, for example during any registration or ordering process:
You authorise us to use, store or otherwise process any personal information which relates to and identifies you, including, but not limited to, your name and address, to the extent reasonably necessary to provide the services which are available through our website. You understand and agree that FTI may disclose to third parties, on an anonymous basis, certain aggregate information contained in your registration application. FTI will not disclose to any third party your name, postal address, e-mail address or telephone number without prior consent, except to the extent necessary or appropriate to comply with applicable laws or in legal proceedings where such information is relevant. FTI reserves the right to offer third party services and products to you based on the preferences that you identify in your registration and at any time thereafter; such offers may be made by FTI or third parties. If you send us personal correspondence such as e-mails or letters then we may collect this information into a file specific to you (together, the various purposes set out in this paragraph shall be known as the Purposes). All such information collected by us shall be referred to in these Terms and Conditions as Personal Information;
6.2 Processing and disclosure rights
By accepting these Terms and Conditions, you agree to the processing and disclosure of the Personal Information for the Purposes. You also agree that the Purposes may be amended to include other uses or disclosures of Personal Information following notification to you by means of a notice on our website, which you should check regularly. If you would like to review or modify any part of your Personal Information then you should e-mail us at firstname.lastname@example.org
6.2 Payment Method Privacy
We do not share customer credit card details nor do we share customer details with any 3rd parties.
7 Training Day and Assessment Day Enrolment – including Refund/Cancellation Policy
7.1 Enrolment on a specific training or assessment date is only possible once you have fully completed the prerequisite theory module. Enrolments are taken on a first come, first served basis and once a training or assessment has reached maximum capacity no more enrolments for the assessment will be taken. Enrolment into training and/or assessment dates during training is not automatic and each student will be prompted to enrol once they have successfully completed the related theory module. FTI accepts no responsibility for any student who fails to enrol on a training or assessment date on which they wish to attend. All enrolments are your own responsibility.
7.2 If you wish to change the date of your training or assessment you must contact tutor support at least 14 days prior to the assessment date. After this time no refund or transfer to another training or assessment will be granted.
7.3 If you fail to attend a training or assessment in which you have enrolled without notifying FTI within 14 days of it, you will be charged an admin fee of £50 plus the current module fee. No transfer to another training or assessment date will be granted without additional charge.
7.4 FTI reserves the right to change and/or cancel the dates and venues for assessment and training days. You will be notified of any change by telephone, post or e-mail and you will be able to transfer to another date at no extra cost to you. FTI is not liable in any other way for any additional expenses, costs or other charges that you may incur as a result of such change or cancellation.
8 Assessments, Progress reports and Certification
8.1 Certificates to show completion of a course will not be issued until FTI (or its agent) has received payment in full for the course for which you are being certificated. The remainder of this paragraph is to be read subject to this condition.
8.2 Certificates are issued on successful completion of each module. Once all modules in the FTI course have been complete, the relevant certificate will be sent automatically to your e-mail address that is registered with us. Once you have passed all required assessments, the awarding body will be notified and they will issue the relevant certificate. Third party awarding bodies may take up to six months to issue certificates due to internal and external verification requirements.
8.3 In the event that you fail a theory based module, no re-enrolment will be required and you may continue to attempt to successfully complete the module as many times as required.
8.4 Once you have undergone your practical assessment, you may check your progress report on our website by logging into the student area. Your assessment outcome will be posted approximately 7 days after the assessment date. Certificates will automatically be issued on successful completion and send to your postal address. If you fail a practical assessment of a portfolio assessment module, you will need to re-enrol in the module prior to being reassessed. This will be charged at the regular enrolment fee applicable at the time of re-enrolment.
8.5 All certificates will be issued in the name held on our records at the date you successfully complete the course or module. It is your responsibility to inform FTI in writing of any change of name and to provide appropriate evidence such as a marriage certificate or deed poll.
8.6 If you loose a certificate and require a replacement, a fee of £15 (sterling) will be payable. If you change your name prior to the date you successfully complete the course or module but fail to notify us and require FTI to issue a new certificate in your new name, a replacement fee of £15 (sterling) will be payable. Please note we are unable to issue replacement certificates in a new name if the change of name occurred after the date you successfully completed the course or module.
8.7 Courses are organised in modules. You may undertake modules as and when you are able to do so depending on your circumstances provided that you have commenced the final module in a course on or before the third anniversary of the date you commenced the first module of that course. There is no guarantee that any course will be run for more than three years and it is your responsibility to ensure that you complete the course within this time frame. You will be deemed to have commenced the first module of a course on the date that the Enrolment Notification is sent to you in accordance with paragraph 3.3 above. You will be deemed to have commenced the final module of a course on the date that we receive your application for final certification with all the pre-requisites having been met by you. Failure to commence the final module of a course in accordance with the time scale explained in this paragraph will result in you being unable to undertake any remaining modules in that course. No refunds will be given for courses that are not completed.
9 Tutor Support
9.1 Tutor support is offered by a telephone or email service. All calls will be answered by assessors and tutors who have qualified through an awarding body approved by the national sector skills council Skills Active or its successor (such as, but not limited to, Active IQ Qualifications). Tutor support will operated between the hours of 10.00 a.m. and 5 p.m. GMT unless prevented for reasons beyond the control of FTI.
9.2 Calls are charged at standard national rates.
9.3 FTI reserves the right to discontinue tutor support or to change the level of support including but not limited to costs, hours and method of service.
Access to and use of the FTI website is through a user name and password. You are solely responsible in all respects for all use of and for protecting the confidentiality of the username and password that you select for use on our website. You may not share these with or transfer them to any third parties. You must notify FTI immediately of any unauthorised use of them or any other breach of security regarding our website that comes to your attention.
11 Applicability of Course Materials and other Online Materials
11.1 Personal Use
Unless otherwise stated, text on our website and the Course Materials are presented solely for your private, personal and non-commercial use on one computer at a time. FTI grants you a limited, non-exclusive and non-transferable license to use graphic files, audio files, video files, text, hyperlinks, interlinks, search engines and other software associated with the Course Materials during the period you are enrolled on a course or module
11.2 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 FTI against any damage (including costs on an indemnity basis) which FTI may suffer as a result of such breach; and
(ii) You will be denied any further use of our website and your enrolment will be cancelled.
11.3 Third Party Materials and suitability of the courses and modules
Our website is controlled and operated by us from our offices in England. Where content published on the website is supplied by third parties, you understand that we do not screen, control or endorse their contents in any way. All content which is offered by third parties that are not affiliated with or otherwise connected with us, is published in good faith but we do not (to the extent permitted by applicable law) accept responsibility for the accuracy or otherwise of such content (whether published on or off-line) and the use of such content, except for content which relates directly to the courses or modules you enrol on. The website and Course Materials are provided on an ‘as is’ basis and should the Course Materials or other service provided by FTI prove defective and/or cause damage to your computer or inconvenience to you, you and not FTI shall assume the entire cost and all damages which may result from any and all such defects. You assume total responsibility and risk for your use of our website and use of all information contained within it.
11.3 Enrolment on a course does not in any way guarantee successful completion or the attainment of the relevant certificate or qualification. It is your responsibility to ensure that the course or module is suitable for your purposes and career development.
11.4 Compliance with Law
We have used our best endeavours to ensure that our website complies with UK law.
12 Copyright and Exclusivity
The contents of our website are protected by international copyright laws and other intellectual property rights. The owner of these rights is FTI or other third party licensors. All product and company names and logos mentioned in our website are the trade marks, service marks or trading names of their respective owners, including us. You may download material from our website for the sole purpose of enrolling on and completing a Course. However, you may not modify, copy, reproduce, republish, upload, post, transmit or distribute, by any means or in any manner, any material or information on or downloaded from our website including but not limited to text, graphics, video, messages, code and/or software without our prior written consent, except where expressly invited to do so, for example as part of the Course. Enrolment on a Course is personal to you and it is not possible to transfer your enrolment to another course or any other person
13.1 Linked Sites
FTI 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 FTI 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 FTI 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.
13.2 No Linking to or Extraction of Data or Other Information from FTI Site
Any linking to, deep linking to, or extraction from the FTI Site without the written consent of FTI in hard copy with original signature by a director of FTI is strictly prohibited.
13.3 Liquidated Damages
Without prejudice to the generality of sub-paragraph 13.2 any third party contravening the provisions of sub-paragraph 13.2 shall be liable for liquidated damages to FTI for the aggregate of twice the value of any services sold as a result of such unauthorised activity and all costs incurred by FTI whatsoever in researching and dealing with the relevant breach of these Terms and Conditions.
As a result of viewing this website some information may become stored upon your computer. This information may be in the form of a cookie or similar file which may help FTI in many ways for instance to improve the content of the website or to improve the matching of users interests or preferences. If you do not want a cookie to be stored in your computer, most Internet browsers have functions to erase cookies from the computers hard drive or to block all cookies or to receive a warning before a cookie is stored. You are welcome to use such facilities to prevent the installation of any cookie but by accessing our website you consent to FTI’s use of any information gathered for the purposes mentioned above.
14 Availability of our Website, errors and viruses
We will try to make our website available but cannot guarantee that our website will operate without interruptions, be error free or that the web site and its server are free of computer viruses or other harmful mechanisms. FTI can accept no liability for our web-sites’ unavailability or any errors or viruses that it can contain. 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.
15.1 FTI’s Warranties
All implied terms, conditions, warranties, representations or endorsements whatsoever with regard to the courses or modules, our website or any information or service provided through our website are strictly excluded to the fullest extent possible under the laws of England and Wales. We will do our best to ensure that all Course Materials and information published on our website are accurate, but please note that all Course Materials and information on our website are provided on an ‘as is’ basis.
15.2 Exclusion of Liability
In relation to your enrolment on any FTI course or module, we accept no 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 including your enrolment on an FTI course or module, 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 FTI or our servants, agents or any other person.
15.3 Limit of Liability
If we are liable to you for any reason, our liability will be limited to the amount paid by you to date for the relevant course on which you are currently enrolled and as a result of which FTI’s liability has arisen. This limit does not apply to any liability we may have for death or personal injury resulting from our negligence nor for fraudulent misrepresentation.
15.4 User’s Responsibilities
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.
15.5 Legal Limitations
The limitations and exclusions in this clause only apply to the extent permitted by applicable law.
16 Website & Social Media
16.1 You acknowledge that any facility provided by FTI to enable students to communicate with each other such as Facebook, is provided without liability to FTI.
16.2 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 right, copyright or other intellectual property rights nor is libellous, obscene, menacing, threatening, offensive, abusive, fraudulent, criminal nor infringers 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.
16.3 By sending us information you waive your moral rights to be identified as the author of it and also give FTI licence to modify such information. We will assume that any information received is for publication on our website or social media outlets and such other use as FTI 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 or social media
We may alter these terms and conditions from time to time and post the new version on our website, following which all use of our website will be governed by that version. You must check the terms and conditions on the website regularly.
17.2 Entire Agreement
These Terms and Conditions together with your registration application and payment method instructions, if any, are your whole agreement in relation to FTI and any service or products you obtain from FTI. You acknowledge that you have not entered into this agreement in reliance upon any warranty or representation made by FTI 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 the relevant terms and conditions, registration form and payment method instructions.
If any provision or term of these Terms and Conditions shall become or be declared illegal, unlawful, invalid or unenforceable for any reason whatsoever, such term or provision shall be divisible from the other Terms and Conditions and shall be deemed to be deleted from them.
These Terms and Conditions and your use of our website are governed by English law and you submit to the exclusive jurisdiction of the English court.
17.5 Causes beyond Control
FTI will not be held liable for any failure to perform any obligation due to causes beyond its reasonable control.
17.6 No Waiver
Failure by either party to exercise any right or remedy under this agreement does not constitute a waiver of that right or remedy.
All notices shall be given:
to us via e-mail at email@example.com; or
to you at either the e-mail or postal address you provide during any ordering process.
Notice will be deemed received when an e-mail is received in full (or else on the next business day if it is received on a weekend or a public holiday in the place of receipt) or 3 days after the date of posting.
These terms and conditions replace all other Terms and Conditions previously applicable to the use of our website.