The following terms and conditions apply to the booking of your training course with Health and Fitness Education Limited. If you do not agree to be bound by these terms and conditions, you should cancel your training course in accordance with Clause 7.
DEFINITIONS
1.1 “Application” means the application by you for a place on a Course;
1.2 “Application Form” means the technique you use to make an Application- this may be the submission of a booking form on the Website, a booking made by email or a telephone booking;
1.3 “Course” means the course advertised on the Website for which you have submitted an Application;
1.4 “Course Fees” means the fees charged by Health and Fitness Education payable by you in respect of a Course;
1.5 “Course Materials” means the materials provided to you by Health and Fitness Education either in hard copy or via email or our Website in relation to a Course;
1.6 “Deposit” means the sum in pounds sterling (minimum of £100) payable by you to secure a place on a Course;
1.7 “Health and Fitness Education”, or “HFE” or “we, us or our” means Health and Fitness Education Limited (Company Number 06193462) whose registered office is 8 Market Place, Adlington, Chorley, Lancashire, PR7 4EZ.
1.8 “Offer” means the offer from Health and Fitness Education to you in respect of a place on a Course;
1.9 “Website” means the website under the domain name http://www.hfe.co.uk and/or http://learn.hfe.co.uk
1.10 “you, your” or “Student” means the prospective student.
2. INFORMATION ABOUT US
2.1 The Website is a site operated by us. We are registered in England and Wales under company number 06193462 and with our registered office at 8 Market Place, Adlington, Chorley, Lancashire, PR7 4EZ. This is also our main trading address.
2.2 All of our courses are recognised by the Register of Exercise Professionals and are certified through Central YMCA Qualifications and/or Active IQ.
2.3 All of our tutors are full members of the Institute for Learning and are fully qualified teachers, trainers and/or assessors.
3. YOUR STATUS
By making an Application over the phone, by email or through the website, you warrant that:
3.1 You are legally capable of entering into binding contracts; and
3.2 You are at least 18 years old.
4. GENERAL
4.1 After submitting an Application, you will receive an e-mail from us acknowledging that we have received your Application and informing you about these terms. Please note that this does not mean that your Application has been accepted.
4.2 If your Application is successful we will make an Offer to you which will be conditional upon payment of the Deposit when due. An agreement will be made between you and Health and Fitness Education upon payment of the Deposit to us in accordance with Clause 5.2 . We will then send you your learning materials and confirmation of enrolment.
4.3 By making a booking you agree to be bound by these terms and conditions which shall prevail over any inconsistent terms or conditions contained or referred to in any other documents.
4.4 We draw your attention to Clause 14 in relation to limitation and exclusion of our liability to you.
5. COURSE PLACES & DEPOSIT
5.1 All Course places are subject to availability and are offered on a first-come-first-served basis.
5.2 Health and Fitness Education will guarantee you a place on the Course in accordance with the Offer if you (or someone on your behalf) pay the Deposit to HFE within 7 days of the date of the Offer. We cannot guarantee you a place on a Course if you do not pay the Deposit within this period.
5.3 Subject to your right to cancel this agreement within the Cooling-off Period as set out in Clause 7, the Deposit shall be non-refundable. Payments can be made by cheque, credit/debit card, bank transfer or postal order.
6. COURSE FEES
6.1 The Course Fees detailed on the Website are subject to change from time to time and are indicative only. Where a Course is funded by an agency, (including government funding agencies) the prices may vary from those detailed on the Website to accommodate the additional administrative costs.
6.2 The cost of the Course will be as set out in the Offer provided that the Deposit is paid when due in accordance with Clause 5.2 above. If you do not pay the Deposit when due and we subsequently alter the Course Fees (after the date of the Offer but before payment of the Deposit) we will notify you of this in writing and our Offer will be amended to take into account the revised Course Fee.
6.3 Monthly payment plans in respect of the Course Fees are available upon request however certificates will not be issued until all Course Fees have been received by us.
6.4 If you are an individual and deal as a consumer you must pay the full amount of the Course Fee no later than 2-weeks prior to start date of the Course (unless otherwise agreed with us). If you have not paid the Course Fees by the start date of the Course we reserve the right to withdraw your place on the Course and charge you a cancellation fee in accordance with Clause 7.
6.5 If your Course is delivered wholly distance-learning, and only requires that you attend a theory assessment or examination, your Course Fees will be due no later than 60 days after the date that your Application Form was submitted and Deposit paid (whichever is later).
6.6 We may charge interest to you on any overdue amounts payable to us pursuant to this agreement at the rate of 2% a year above the base lending rate of Lloyds TSB Bank plc from time to time. This interest shall accrue on a daily basis from the due date until the date of actual payment of the overdue amount, whether before or after judgment. You must pay us interest together with the overdue amount
6.7 If you are a business then all payments for Course Fees are due within 30 days of invoice.
6.8 Health and Fitness Education reserve the right to charge interest pursuant to the Late Payment of Commercial Debts (Interest) Act 1998 on any amounts overdue. If you have not paid the Course Fees by the start date of the Course we reserve the right to withdraw your place on the Course and charge you a cancellation fee in accordance with Clause 7.
6.9 Your place on the Course may be at risk if you do not pay the Course Fees when due. In addition, we reserve the right to pursue a claim against you for any outstanding fees and losses arising from any delayed or deferred payment. We also reserve the right to pass on your debt to our appointed recovery specialists who will recover the funds on our behalf; this route will inevitably incur additional charges and fees.
6.10 Health and Fitness Education also reserves the right to apply for a County Court Judgement (CCJ), and if required a charging order to recover any outstanding monies. This route is likely to result in the accrual of considerable Court and legal costs which you will be liable for should the Court issue Judgement against you. Such action will also have an adverse affect on your credit scoring and reduce your ability to obtain credit (loans, mortgages, overdrafts etc) in the future.
7. CANCELLATIONS & TRANSFERS
7.1 You may cancel this agreement by notice in writing to the address below (Clause 16.6) or via email to admin@hfe.co.uk within 7 days of the date of your enrolment on the Course (“Cooling-off Period”) unless you have already asked for and have started to receive support from one of our tutors. Subject to Clause 7.2, if you cancel within the Cooling-off Period you will be entitled to a full refund of all monies paid (including the Deposit). If you cancel after the Cooling-off Period, you will not be entitled to a refund of the Deposit and we may charge you the amounts detailed in Clause 7.5.
7.2 If we have provided you with Course Materials you must return these to us within 7 days of you cancelling this agreement. All course materials must be returned before any refund will be paid to you. If you do not return the Course Materials or they are returned damaged, you will be liable for the cost of replacement or repair (as the case may be). If you cancel within the Cooling-off Period we will deduct from the Deposit an amount necessary to repair or replace the Course Materials. Course materials will be charged at the following rates:
Training manuals- £25.00 each
CDs or DVDs- £5.00
Use of Company Learner Management System (LMS) – £25.00
7.3 If you cancel after the Cooling-off Period we will invoice you for the relevant cost which will be due within 14 days of invoice.
7.4. If you use the Company ‘Learner Management System’ (LMS) during or after the Cooling-off Period, a fee of £25.00 will be deducted from, or applied to, any monies owed by either party (as the case may be).
7.5 Cancellations after the Cooling-off Period may be accepted but will be subject to the following charges:
a. More than 8 weeks prior to the Course start date: Course deposit
b. Less than 8 weeks prior to the Course start date: 50% of Course cost
c. Less than 4 weeks prior to the Course start date: 90% of Course cost
d. Failure to attend a Course without prior notification, or cancellation within 2-weeks of the Course start date: 100% of Course cost
7.6 Any Student wishing to make a Course transfer should do so in writing to the address below (Clause 16.6) or via email to admin@hfe.co.uk. Under no circumstances will verbal applications for transfers be considered or accepted. We cannot guarantee that you will be able to transfer your Course, and Course transfers will be subject to the following fees:
a. Less than 6-weeks prior to the start of the original Course dates- £100.00
b. Less than 2-weeks prior to the start of the original Course dates- £250.00
7.7 Students will only be permitted to transfer their attendance on a Course outside of the 6-weeks’ notice period once per booking. After one course transfer, the appropriate transfer fee will be due on all subsequent transfers in addition to any outstanding balances pertaining to that booking.
7.8 If you transfer Courses you must pay the transfer fee before we confirm the transfer to you. You must also ensure that you settle your outstanding Course Fees 14 days prior to the start of the original Course dates. A transfer does not authorise a deferral of any outstanding Course fees, and as such these should be settled by the date stated on the sales invoice. You will not be eligible for any refund of fees paid if the cost of the new Course is less than the cost of the original Course.
7.9 Transfers cannot be made after the Course dates have passed.
7.10 A maximum of 2 course transfers can be made, after which we reserve the right to refuse any subsequent transfers.
7.11 If the Course you book has been sold as a ‘special offer’ and is discounted from our standard price, no refund on cancellations outside of the Cooling-off Period will be offered. Transfers to later dates on such Courses will be subject to Clause 7.6.
7.12 If you choose to pay your course fees by Direct Debit over a 6 month payment plan, course cancellations will still be subject to clause 7.5.
7.13 In the event that you choose to pay your Course Fees by Direct Debit, you must also agree to the Terms and Conditions of Debit Finance PLC who partner with Health and Fitness Education for the collection of Direct Debit payments.
7.14 Where you cancel the Direct Debit before the payment term is complete, or where 2 consecutive payments are returned unpaid, your full outstanding balance for the Course will be due immediately, or 14 days before the original Course start date (whichever is later). All cancelled Direct Debits will also be subject to a £25.00 administration fee in addition to any charges levied by Debit Finance PLC.
7.15 In the event that a Direct Debit payment is returned unpaid by your bank, we reserve the right to apply a £25.00 administration fee in addition to any charges levied by Debit Finance PLC or your bank.
7.16 Bookings made by businesses on behalf of individuals may not be cancelled. Businesses may transfer course bookings to other individuals in accordance with the notice periods outlined in Clauses 7.6, 7.7, 7.8 and 7.9.
7.17 All cancellations, irrespective of the notice period will be subject to an administration charge of £15.00 to cover the cost of postage, stationary and time associated with the order.
8. RE-SIT FEES
8.1 In the unfortunate event that you do not meet the assessment criteria during the Course a re-sit charge will be applicable for any assessment that you are required to re-sit. The re-sit must be taken within 6 months of the original assessment date and paid for in full 7 days before the assessment date. If you do not take the re-sit within 6 months then you will fail the Course. Re-sit fees are as follows:
Theory assessment: £25.00
Case-Study re-sit: £25.00 (first re-sit free)
Practical assessment: £75.00
8.2 In the event that you book an assessment or re-sit and fail to attend, the above charges will apply for the missed assessment. All subsequent re-assessments will also be chargeable at that rate.
9. EXTENSION FEES
9.1 Failure to complete your course within 6 months of enrolling will render you liable for extension charges, should you still wish to complete your qualification
9.2 Unless otherwise stated in writing, all extension fees will be charged at a rate of £100.00 (inc VAT) per additional 3-months of study or assessment
10. FUNDED STUDENTS
10.1 This section applies if you are eligible for government (or other) funding (“Funding”) towards the Course Fees (“Funded Students”).
10.2 Funded Students must complete all relevant applications for Funding and return them to us in sufficient time for Funding to be put in place prior to commencement of the Course.
10.3 We make no warranty as to a Funded Student’s eligibility for Funding and we accept no liability in the event that a Funded Student is denied or otherwise does not receive Funding unless caused as a result of our negligence.
10.4 Funded Students will remain primarily liable for all Course Fees and will be required to pay the same to the extent not covered by Funding. If you do not return your application for Funding when due or you do not complete the Course or you otherwise fail to obtain or cease to be eligible for Funding you will be required to pay any unpaid Course Fees in accordance with Clause 6.4 or within 28 days of demand if the Course has started.
10.5 Any Student failing to complete a funded Course will not be entitled to a refund for payments made towards such Course.
11. ONLINE LEARNING
11.1 Certain Courses involve online learning programmes in addition to practical sessions (“Mixed Programme”). If you are enrolled on a Mixed Programme we will provide you with a username and password to access the relevant part of the Website. You will need to complete part of the qualification for such a Mixed Programme online.
11.2 Access to the online learning platform is restricted to a specific time frame which we will notify to you in writing within the platform.
11.3 All online work must be completed by the last date of the Course. If you fail to complete all outstanding work by this date you will be liable for a £10.00 extension fee for every month this work is outstanding up to a maximum extension period of 6 months. If any work remains outstanding after 6 months you will fail the Course.
11.4 Use of the Website will also be subject to the Website terms and conditions of use that can be viewed at www.hfe.co.uk/info/Company-Terms
12. COURSE MATERIALS
12.1 The Course Materials will be at your risk from the time of delivery.
12.2 Ownership of the Course Materials will only pass to you when we receive full payment of all sums due from you in respect of the Course.
12.3 We are the owner or the licensee of all intellectual property rights in the Course Materials and all rights in the design text graphics and other material on the Website. Those works are protected by copyright laws and treaties around the world. All such rights are reserved.
12.4 Where Course Materials are provided online or by email you may print off copies, and may download extracts, of any page(s) from our Website for academic purposes only. You must not modify the paper or digital copies of any of the Course Materials we have sent to you or you have printed off or downloaded in any way, and you must not use any illustrations, photographs, video or audio sequences or any graphics separately from any accompanying text.
12.5 You must not use any part of the Course Materials on our site for commercial purposes.
12.6 Replacement Course Materials are available upon request but only when the following fees have been received by us:
CD-ROM / DVD £20.00
Course Manual £25.00
Certificate £60.00
All prices are exclusive of postage and packaging.
12.7 Course materials are not mandatory for attending a Course and you may chose to supply your own materials should you wish to do so.
13. COURSE VENUE & DATES
13.1 HFE reserves the right to change Course venues & dates. This is usually done to ensure that the high standard of training associated with Health and Fitness Education is maintained. In the event of a venue change, we will use reasonable endeavours to minimise disruptions to your learning and will inform you in writing or by telephone.
14. LIMITATION OF LIABILITY
14.1 We shall not to the extent permitted by law be liable for any indirect or consequential loss or damage whatsoever (including without limitation loss of business, opportunity, loss of anticipated savings, loss of data or waste of time).
14.2 Nothing in these terms and conditions shall be construed so as to exclude or limited our liability for death or personal injury as a result of our negligence nor any liability for fraudulent misrepresentation or misrepresentation as to a fundamental matter, nor any other liability which cannot be excluded or limited under applicable law.
14.3 Nothing in these terms and conditions shall affect your statutory rights as a consumer.
15. EVENTS OUTSIDE OUR CONTROL
15.1 We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under these Terms that is caused by events outside our reasonable control (“Force Majeure Event”).
15.2 A Force Majeure Event includes any act, event, non-occurrence, omission or accident beyond our reasonable control and includes, in particular (without limitation), the following:
- deleted numbers strikes, lock-outs or other industrial action; or
- civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war; or
- fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster; or
- impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport; or
- impossibility of the use of public or private telecommunications networks.
15.3 Our obligations to you are suspended for the period that the Force Majeure Event continues, and we will have an extension of time to perform these obligations for the duration of that period. We will take reasonable steps to bring the Force Majeure Event to a close or to find a solution by which our obligations under these terms and conditions can be performed despite the Force Majeure Event.
16. GENERAL
16.1 Notification of queries or complaints must be made to HFE in writing within 7 days of receipt of the service and or invoice; whichever is the later.
16.2 Any indulgence, relaxation or non-enforcement by HFE of HFE’s rights under these terms and conditions shall not act as a waiver of and shall be without prejudice to those rights.
16.3 If any court or competent authority decides that any of the provisions of these terms and conditions are invalid, unlawful or unenforceable to any extent, the term will, to that extent only, be severed from the remaining terms, which will continue to be valid to the fullest extent permitted by law.
16.4 A person who is not a party to the agreement made between you and HFE has no rights under the Contracts (Rights of Third Parties) Act 1999 in respect of such agreement and/or these terms and conditions.
16.5 These terms and conditions shall be governed by construed and enforced in all respects in accordance with English Law and the parties submit to the non-exclusive jurisdiction of the English courts.
16.6 For clarification on any of the aforementioned terms and conditions, please contact HFE in writing at:
Health and Fitness Education Limited, 8 Market Place, Adlington, Lancashire, PR7 4EZ
or through email: admin@hfe.co.uk