WEBSITE & SERVICE TERMS & CONDITIONS

 

WEBSITE TERMS & CONDITIONS

This agreement applies as between you, the User of this Website and Gym Instructor Online Ltd, the owner(s) of this Website.  Your agreement to comply with and be bound by these Terms and Conditions is deemed to occur upon your first use of the Website. If you do not agree to be bound by these Terms and Conditions, you should stop using the Website immediately.

No part of this Website is intended to constitute a contractual offer capable of acceptance.  Your order constitutes a contractual offer and our acceptance of that offer is deemed to occur upon our sending a dispatch email to you indicating that your order has been fulfilled and is on its way to you.

  1. Definitions and Interpretation

In this Agreement the following terms shall have the following meanings:

“Account” means collectively the personal information, Payment Information and credentials used by Users to access Paid Content and / or any communications System on the Website;
“Carrier” means any third party responsible for transporting purchased Goods from our Premises to customers;
Content means any text, graphics, images, audio, video, software, data compilations and any other form of information capable of being stored in a computer that appears on or forms part of this Website;
“Goods” means any products that Gym Instructor Online Ltd advertises and  / or makes available for sale through this Website;
Gym Instructor Online Ltd means Gym Instructor Online Ltd PO Box 983, Cambridge, CB24 3WF;
Service means collectively any online facilities, tools, services or information that Gym Instructor Online Ltd makes available through the Website either now or in the future;
“Payment Information” means any details required for the purchase of Goods from this Website.  This includes, but is not limited to, credit / debit card numbers, bank account numbers and sort codes;
“Purchase Information” means collectively any orders, invoices, dispatch notes, receipts or similar that may be in hard copy or electronic form;
“Premises” Means our place(s) of business National locations
System means any online communications infrastructure that Gym Instructor Online Ltd makes available through the Website either now or in the future.  This includes, but is not limited to, web-based email, message boards, live chat facilities and email links;
“User” / “Users” means any third party that accesses the Website and is not employed by Gym Instructor Online Ltd and acting in the course of their employment; and
“Website” means the website that you are currently using (gyminstructoronline.co.uk) and any sub-domains of this site unless expressly excluded by their own terms and conditions.
  1. Age Restrictions

Persons under the age of 18 should use this Website only with the supervision of an Adult.  Payment Information must be provided by or with the permission of an Adult.

  1. Business Customers

These Terms and Conditions do not apply to customers buying Goods in the course of business.

  1. International Customers

If Goods are being ordered from outside Gym Instructor Online Ltd’s country of residence, import duties and taxes may be incurred once your Goods reach their destination.  Gym Instructor Online Ltd is not responsible for these charges and we undertake to make no calculations or estimates in this regard.  If you are buying internationally, you are advised to contact your local customs authorities for further details on costs and procedures.  As the purchaser of the Goods, you will also be the importer of record and as such should ensure that your purchase is in full compliance with the laws of the country into which the Goods are being imported.  Please be aware that Goods may be inspected on arrival at port for customs purposes and Gym Instructor Online Ltd cannot guarantee that the packaging of your Goods will be free of signs of tampering.

  1. Intellectual Property
    • Subject to the exceptions in Clause 6 of these Terms and Conditions, all Content included on the Website, unless uploaded by Users, including, but not limited to, text, graphics, logos, icons, images, sound clips, video clips, data compilations, page layout, underlying code and software is the property of Gym Instructor Online Ltd, our affiliates or other relevant third parties. By continuing to use the Website you acknowledge that such material is protected by applicable United Kingdom and International intellectual property and other laws.
    • Subject to Clause 7 you may not reproduce, copy, distribute, store or in any other fashion re-use material from the Website unless otherwise indicated on the Website or unless given express written permission to do so by Gym Instructor Online Ltd.
  2. Third Party Intellectual Property
    • Unless otherwise expressly indicated, all Intellectual Property rights including, but not limited to, Copyright and Trademarks, in product images and descriptions belong to the manufacturers or distributors of such products as may be applicable.
    • Subject to Clause 7 you may not reproduce, copy, distribute, store or in any other fashion re-use such material unless otherwise indicated on the Website or unless given express written permission to do so by the relevant manufacturer or supplier.
  3. Fair Use of Intellectual Property

Material from the Website may be re-used without written permission where any of the exceptions detailed in Chapter III of the Copyright Designs and Patents Act 1988 apply.

  1. Links to Other Websites

This Website may contain links to other sites.  Unless expressly stated, these sites are not under the control of Gym Instructor Online Ltd or that of our affiliates.  We assume no responsibility for the content of such websites and disclaim liability for any and all forms of loss or damage arising out of the use of them.  The inclusion of a link to another site on this Website does not imply any endorsement of the sites themselves or of those in control of them.

  1. Links to this Website

Those wishing to place a link to this Website on other sites may do so only to the home page of the site gyminstructoronline.co.uk without prior permission.  Deep linking (i.e. links to specific pages within the site) requires the express permission of Gym Instructor Online Ltd.  To find out more please contact us by email at team@gyminstructoronline.co.uk

  1. Use of Communications Facilities
    • When using the enquiry form or any other System on the Website you should do so in accordance with the following rules:
      • You must not use obscene or vulgar language;
      • You must not submit Content that is unlawful or otherwise objectionable. This includes, but is not limited to, Content that is abusive, threatening, harassing, defamatory, ageist, sexist or racist;
      • You must not submit Content that is intended to promote or incite violence;
      • It is advised that submissions are made using the English language(s) as we may be unable to respond to enquiries submitted in any other languages;
      • The means by which you identify yourself must not violate these Terms and Conditions or any applicable laws;
      • You must not impersonate other people, particularly employees and representatives of Gym Instructor Online Ltd or our affiliates; and
      • You must not use our System for unauthorised mass-communication such as “spam” or “junk mail”.
    • You acknowledge that Gym Instructor Online Ltd reserves the right to monitor any and all communications made to us or using our System.
    • You acknowledge that Gym Instructor Online Ltd may retain copies of any and all communications made to us or using our System.
    • You acknowledge that any information you send to us through our System or post on the enquiry form may be modified by us in any way and you hereby waive your moral right to be identified as the author of such information. Any restrictions you may wish to place upon our use of such information must be communicated to us in advance and we reserve the right to reject such terms and associated information.
  2. Accounts
    • In order to purchase Goods on this Website and to use the enquiry form facilities you may be required to create an Account which will contain certain personal details and Payment Information which may vary based upon your use of the Website as we may not require payment information until you wish to make a purchase. By continuing to use this Website you represent and warrant that:
      • all information you submit is accurate and truthful;
      • you have permission to submit Payment Information where permission may be required; and
      • you will keep this information accurate and up-to-date.

Your creation of an Account is further affirmation of your representation and warranty.

  • It is recommended that you do not share your Account details, particularly your username and password. Gym Instructor Online Ltd accepts no liability for any losses or damages incurred as a result of your Account details being shared by you.  If you use a shared computer, it is recommended that you do not save your Account details in your internet browser.
  • If you have reason to believe that your Account details have been obtained by another without consent, you should contact Gym Instructor Online Ltd immediately to suspend your Account and cancel any unauthorised purchases that may be pending. Please be aware that purchases can only be cancelled until they are dispatched.  In the event that an unauthorised purchase is dispatched prior to your notifying us of the unauthorised nature of the purchase, Gym Instructor Online Ltd accepts no liability or responsibility and you should make contact with the Carrier detailed in the Purchase Information.
  • When choosing your username you are required to adhere to the terms set out above in Clause 10. Any failure to do so could result in the suspension and/or deletion of your Account.
  1. Termination and Cancellation
    • Either Gym Instructor Online Ltd or you may terminate your Account. If Gym Instructor Online Ltd terminates your Account, you will be notified by email and an explanation for the termination will be provided.  Notwithstanding the foregoing, we reserve the right to terminate without giving reasons.
    • If Gym Instructor Online Ltd terminates your Account, any current or pending purchases on your Account will be cancelled and will not be dispatched.
    • Gym Instructor Online Ltd reserves the right to cancel purchases without stating reasons, for any reason prior to processing payment.
    • If purchases are cancelled for any reason prior to processing the course booking you will be refunded any monies paid in relation to those purchases.
    • If you terminate your Account any non-booked course purchases will be cancelled and you will be refunded any monies paid in relation to those purchases.
  2. Goods, Pricing and Availability
    • Whilst every effort has been made to ensure that all graphical representations and descriptions of Goods available from Gym Instructor Online Ltd correspond to the actual Goods, Gym Instructor Online Ltd is not responsible for any variations from these descriptions. This does not exclude our liability for mistakes due to negligence on our part and refers only to variations of the correct Goods, not different Goods altogether.  Please refer to Clause 15.1 for incorrect Goods.
    • Where appropriate, you may be required to select the required [dates] [Venues] [number] [other features] of the Goods that you are purchasing.
    • Gym Instructor Online Ltd does not represent or warrant that such Goods will be available.
    • All pricing information on the Website is correct at the time of going online. Gym Instructor Online Ltd reserves the right to change prices and alter or remove any special offers from time to time and as necessary.
    • In the event that prices are changed during the period between an order being placed for Goods and Gym Instructor Online Ltd processing that order and taking payment, you will be contacted prior to your order being processed with details of the new price;
  3. Delivery
    • Gym Instructor Online Ltd will notify you by way of email when your course is booked. The message will contain details of the course and requirements, times in addition to any reasons for a delay in the delivery of the course purchased by you.
    • If Gym Instructor Online Ltd receives no communication from you, within 7 days of delivery, regarding any problems with the course booking you are deemed to have confirmed your acceptance of booking and are not entitled to a Refund.
  4. Cancellations Policy

Gym Instructor Online Ltd aims to always provide high quality Course that meet the Awarding Body standard and that of the Register of Exercise professionals.  Course Cancellations are governed by these Terms and Conditions.

  • You have a statutory right to a “cooling off” period. This period begins once your order is complete and ends 7 working days after the booking has been confirmed.  If you change your mind about the goods within this period, please notify your course tutor within 7 working days of receipt.  You are responsible for paying any course login costs priced at £100.00 within this period.
  • If you wish to cancel any courses to Gym Instructor Online Ltd please contact us using the details on gyminstructoronline.co.uk to make the appropriate arrangements.
  • Gym Instructor Online Ltd reserves the right to exercise discretion with respect to any cancellations under these Terms and Conditions. Factors which may be taken into account in the exercise of this discretion include, but are not limited to:
    • Any use or learning that you may have already had out of the Goods;
    • The fact that the Goods consist of audio or video recordings or computer software and that the packaging has been opened;

Such discretion to be exercised only within the confines of the law.

  1. Privacy
    • Use of the Website is also governed by our Privacy Policy which is incorporated into these terms and conditions by this reference. To view the Privacy Policy, please click on the link above.
    • [The Website places the following cookies onto your computer or device. These cookies are used to enhance our user’s experience.  Full details of the cookies used by the Website and your legal rights with respect to them are included in our Privacy Policy.  [By entering our website you are giving consent to Gym Instructor Online Ltd to place cookies on your computer or device.]
  • [If you wish to opt-out of our placing cookies onto your computer or device, please adjust your internet browser’s settings to restrict cookies as detailed in your internet browser’s “help menu”. You may also wish to delete cookies which have already been placed.  For instructions on how to do this, please consult your internet browser’s help menu.]
  1. Disclaimers
    • Gym Instructor Online Ltd makes no warranty or representation that the Website will meet your requirements, that it will be of satisfactory quality, that it will be fit for a particular purpose, that it will not infringe the rights of third parties, that it will be compatible with all systems, that it will be secure and that all information provided will be accurate. We make no guarantee of any specific results from the use of our Services.
    • No part of this Website is intended to constitute advice and the Content of this Website should not be relied upon when making any decisions or taking any action of any kind.
    • No part of this Website is intended to constitute a contractual offer capable of acceptance.
    • Whilst Gym Instructor Online Ltd uses reasonable endeavours to ensure that the Website is secure and free of errors, viruses and other malware, all Users are advised to take responsibility for their own security, that of their personal details and their computers.
  2. Changes to the Service and these Terms and Conditions

Gym Instructor Online Ltd reserves the right to change the Website, its Content or these Terms and Conditions at any time.  You will be bound by any changes to the Terms and Conditions from the first time you use the Website following the changes.  If Gym Instructor Online Ltd is required to make any changes to Terms and Conditions relating to sale of Goods by law, these changes will apply automatically to any orders currently pending in addition to any orders placed by you in the future.

  1. Availability of the Website
    • The Service is provided “as is” and on an “as available” basis. We give no warranty that the Service will be free of defects and / or faults.  To the maximum extent permitted by the law we provide no warranties (express or implied) of fitness for a particular purpose, accuracy of information, compatibility and satisfactory quality.
    • Gym Instructor Online Ltd accepts no liability for any disruption or non-availability of the Website resulting from external causes including, but not limited to, ISP equipment failure, host equipment failure, communications network failure, power failure, natural events, acts of war or legal restrictions and censorship.
  2. Limitation of Liability
    • To the maximum extent permitted by law, Gym Instructor Online Ltd accepts no liability for any direct or indirect loss or damage, foreseeable or otherwise, including any indirect, consequential, special or exemplary damages arising from the use of the Website or any information contained therein. Users should be aware that they use the Website and its Content at their own risk.
    • Nothing in these Terms and Conditions excludes or restricts Gym Instructor Online Ltd’s liability for death or personal injury resulting from any negligence or fraud on the part of Gym Instructor Online Ltd.
    • Nothing in these Terms and Conditions excludes or restricts Gym Instructor Online Ltd’s liability for any direct or indirect loss or damage arising out of the incorrect delivery of Goods or out of reliance on incorrect information included on the Website.
    • Whilst every effort has been made to ensure that these Terms and Conditions adhere strictly with the relevant provisions of the Unfair Contract Terms Act 1977, in the event that any of these terms are found to be unlawful, invalid or otherwise unenforceable, that term is to be deemed severed from these Terms and Conditions and shall not affect the validity and enforceability of the remaining Terms and Conditions. This term shall apply only within jurisdictions where a particular term is illegal.
  3. No Waiver

In the event that any party to these Terms and Conditions fails to exercise any right or remedy contained herein, this shall not be construed as a waiver of that right or remedy.

  1. Previous Terms and Conditions

In the event of any conflict between these Terms and Conditions and any prior versions thereof, the provisions of these Terms and Conditions shall prevail unless it is expressly stated otherwise.

  1. Third Party Rights

Nothing in these Terms and Conditions shall confer any rights upon any third party.  The agreement created by these Terms and Conditions is between you and Gym Instructor Online Ltd.

  1. Communications
    • All notices / communications shall be given to us either by post to our Premises (see address above) or by email to Gym Instructor Online Ltd. Such notice will be deemed received 3 days after posting if sent by first class post, the day of sending if the email is received in full on a business day and on the next business day if the email is sent on a weekend or public holiday.
    • Gym Instructor Online Ltd may from time to time send you information about our products and/or services. If you do not wish to receive such information, please click on the ‘Unsubscribe’ link in the emails sent to you.
  2. Law and Jurisdiction

These Terms and Conditions and the relationship between you and Gym Instructor Online Ltd shall be governed by and construed in accordance with the Law of England and Wales and Gym Instructor Online Ltd and you agree to submit to the exclusive jurisdiction of the Courts of England and Wales.

 

SERVICE TERMS & CONDITIONS

These Terms and Conditions are the standard terms for the provision of services by Gym Instructor Online Ltd, a company registered in England under 08965423 of PO Box 983, Cambridge, CB24 3WF.

 

 

  1. Definitions and Interpretation
    • In these Terms and Conditions, unless the context otherwise requires, the following expressions have the following meanings:

 

“Business Day” means any day other than a Saturday, Sunday or bank holiday;
“Calendar Day” means any day of the year;
“Contract” means the contract for the provision of Services, as explained in Clause 2;
“Deposit” means an advance payment made to Us under sub-Clause 4.5;
“Month” means a calendar month;
“Price” means the price payable for the Services;
“Services” means the delivery of Training and Assessment in relation to the qualifications and access/resources online for study purposes;
“Special Price” means a special offer price payable for Services which We may offer from time to time;
“Order” means your order for the Services;
“Order Confirmation” means Our acceptance and confirmation of your Order as described in Clause 2;
“We/Us/Our” means Gym Instructor Online Ltd a company registered in England under 08965423 of PO Box 983, Cambridge, CB24 3WF and includes all employees and agents of Gym Instructor Online Ltd.

 

  • Each reference in these Terms and Conditions to “writing” and any similar expression includes electronic communications whether sent by e-mail, [text message,] fax or other means.

 

  1. The Contract
    • These Terms and Conditions govern the sale and provision of Services by Us and will form the basis of the Contract between Us and you. Before submitting an Order, please ensure that you have read these Terms and Conditions carefully.  If you are unsure about any part of these Terms and Conditions, please contact Us for clarification.
    • Nothing provided by us including, but not limited to, sales and marketing literature, price lists and other documents constitutes a contractual offer capable of acceptance. Your Order constitutes a contractual offer that We may, at our discretion, accept.
    • A legally binding contract between Us and you will be created upon our acceptance of your Order, indicated by Our Order Confirmation. Order Confirmations will be provided in writing/email.

 

  1. Orders
    • All Orders for Services made by you will be subject to these Terms and Conditions.
    • You may change your Order at the time of booking before We begin providing the Services by contacting Us. [Your Online Login request governs the start of our provision of service]
    • If your Order is changed We will inform you of any change to the Price in writing.
    • You may cancel your Order within 7 days of placing it. If you have already made any payments to Us under Clause 4 (including, but not limited to the Deposit), the payment(s) will be refunded to you within 30 days less your Initial Login fees of £100.00.  If you request that your Order be cancelled, you must confirm this in writing.  If you wish to cancel the Services after this time period, or once We have begun providing the Services, please refer to Clause 9.
    • We may cancel your Order at any time before We begin providing the Services in the following circumstances:
      • The required personnel and/or required materials necessary for the provision of the Services are not available; or
      • An event outside of Our control continues for more than 30 calendar days (please see Clause 8 for events outside of Our control).
    • If We cancel your Order before We begin providing the Services under sub-Clause 3.5 and you have already made any payments to Us under Clause 4 (including, but not limited to the Deposit), the payment(s) will be refunded to you within 30 days. If We cancel your Order, the cancellation will be confirmed by Us in writing.

 

  1. Price and Payment
    • The Price of the Services will be that shown on the website in place at the time of your Order. If the Price shown in your Order differs from Our current Price We will inform you upon receipt of your Order.
    • If We quote a Special Price which is different to the Price shown in Our current website, if the Special Price is part of an advertised special offer, for the period shown in the advertisement. Orders placed during this period will be accepted at the Special Price even if We do not accept the Order until after the period has expired.
    • Our Prices may change at any time but these changes will not affect Orders that We have already accepted.
    • All Prices include VAT. If the rate of VAT changes between the date of your Order and the date of your payment, We will adjust the rate of VAT that you must pay.  Changes in VAT will not affect any Prices where We have already received payment in full from you.
    • Course bookings made online or over the phone must be paid for in full immediately at the time of booking otherwise your place will be lost.
    • In certain circumstances, if your Order is cancelled, your Deposit will be refunded in full or in part. The amount due will be calculated based upon the Price for the Services, Our website price, and the amount of work (if any) already undertaken by Us.  Please refer to sub-Clause 3.4 if you cancel your Order, to sub-Clauses 3.5 and 3.6 if We cancel your Order, or to Clause 9 if the Services are cancelled after they have begun.
    • The balance of the Price will be payable on basis in [advance] of the provision of the Services.
    • We accept the following methods of payment:
      • Credit or debit card;
      • Cheque;
      • BAC’s transfer;
    • Credit and/or debit cards will be charged at the point of sale and to confirm your booking.
    • If you do not make payment to Us by the due date [as shown in/on Invoice] We may charge you interest on the overdue sum at the rate of 2% per annum above the base lending rate of Santander Bank from time to time. Interest will accrue on a daily basis from the due date for payment until the actual date of payment of the overdue sum, whether before or after judgment.  You must pay any interest due when paying an overdue sum.
    • The provisions of sub-Clause 4.10 will not apply if you have promptly contacted Us to dispute an invoice in good faith. No interest will accrue while such a dispute is ongoing.

 

  1. Providing the Services
    • We will begin providing the Services at your time of booking or on the date specified in your Order (and confirmed in Our Order Confirmation). You online tutor will contact you once your booking has been processed.
    • We will continue providing the Services for 215 Calendar Days.
    • We will make every reasonable effort to complete the Services on time (and in accordance with your Order). We cannot, however, be held responsible for any delays if an event outside of Our control occurs.  Please see Clause 8 for events outside of Our control.
    • If We require any information from you in order to provide the Services, We will inform you of this as soon as is reasonably possible.
    • If the information you provide under sub-Clause 5.4 is delayed, incomplete or otherwise incorrect, We will not be responsible for any delay caused as a result. If additional work is required from Us to correct or compensate for a mistake made as a result of incomplete or otherwise incorrect information that you have provided We may charge you a reasonable additional sum for that work.
    • In certain circumstances, for example where there is a delay in you sending Us information required under sub-Clause 5.4, We may suspend the Services (and will inform you of that suspension in writing).
    • In certain circumstances, for example where We encounter a technical problem, We may need to suspend the Services in order to resolve the issue. Unless the issue is an emergency and requires immediate attention We will inform you in advance in writing before suspending the Services.
    • If the Services are suspended under sub-Clauses 5.6 or 5.7, you will not be required to pay for them during the period of suspension. You must, however, pay any invoices that you have already received from Us by their due date(s).
    • If you do not pay Us for the Services as required by Clause 4, We may suspend the Services until you have paid all outstanding sums due. If this happens, We will inform you in writing.  This does not affect Our right to charge you interest under sub-Clause 4.10.

 

  1. Problems with the Services
    • We always use reasonable efforts to ensure that Our provision of the Services is trouble-free. If, however, there is a problem with the Services we request that you inform Us as soon as is reasonably possible [(you do not need to contact Us in writing)].
    • We will use reasonable efforts to remedy problems with the Services as quickly as is reasonably possible and practical.
    • We will not charge you for remedying problems under this Clause 6 where the problems have been caused by Us, any of our agents or employees or sub-contractors or where nobody is at fault. If We determine that a problem has been caused by incorrect or incomplete information provided by you, sub-Clause 5.5 will apply and We may charge you for remedial work.
    • As a consumer, you have certain legal rights with respect to the purchase of services. We are, for example, required to provide the Services with reasonable care and skill.  You also have remedies if We use materials that are faulty or incorrectly described.  More information on your rights as a consumer can be obtained from your local Citizens Advice Bureau or from the Office of Fair Trading.

 

  1. Our Liability
    • We will be responsible for any foreseeable loss or damage that you may suffer as a result of Our breach of these Terms and Conditions or as a result of Our negligence. Loss or damage is foreseeable if it is an obvious consequence of Our breach or negligence or if it is contemplated by you and Us when the Contract is created.  We will not be responsible for any loss or damage that is not foreseeable.
    • We provide Education and Training Services Public and Private use (or purposes). The Qualifications are accredited by the Awarding Body Central YMCA Qualifications (CYQ) and at Industry Standard. We will not be liable to you for any loss of profit, loss of business, interruption to business or for any loss of business opportunity.
    • You are responsible for your own health and fitness to participate in taking part in these qualifications. If you are concerned then you should consult your doctor for advice. We will not be held liable for your non-suitability to complete the qualification due to health, fitness or additional Learning support.
    • Nothing in these Terms and Conditions seeks to exclude or limit Our liability for death or personal injury caused by Our negligence (including that of Our employees, agents or sub-contractors); or for fraud or fraudulent misrepresentation.
    • Your successful achievement is only confirmed by the issue of your certificate from the awarding body, we will not be held liable for any loss of profit, loss of business, interruption of business or for any loss of business opportunity due to you setting up or entering into employment before the issue of your certification.
    • Furthermore, nothing in these Terms and Conditions seeks to exclude or limit Our liability for the following with respect to your rights as a consumer:
      • Breach of your right to title and quiet possession as implied by section 2 of the Supply of Goods and Services Act 1982;
      • Breach of terms relating to description, satisfactory quality, fitness for purpose and samples as implied by sections 3, 4 and 5 of the Supply of Goods and Services Act 1982; and
      • Our liability relating to defective products as set out in the Consumer Protection Act 1987.

 

  1. Events Outside of Our Control (Force Majeure)
    • We will not be liable for any failure or delay in performing Our obligations where that failure or delay results from any cause that is beyond Our reasonable control. Such causes include, but are not limited to: Trainer Illness, Venue Closure, Online Portal Failure, power failure, internet service provider failure, industrial action, civil unrest, fire, explosion, flood, storms, earthquakes, subsidence, acts of terrorism, acts of war, governmental action, epidemic or other natural disaster, or any other event that is beyond Our control.
    • If any event described under this Clause 8 occurs that is likely to adversely affect Our performance of any of Our obligations under these Terms and Conditions:
      • We will inform you as soon as is reasonably possible;
      • Our obligations under these Terms and Conditions will be suspended and any time limits that We are bound by will be extended accordingly;
      • We will inform you when the event outside of Our control is over and provide details of any new dates, times or availability of Services as necessary;
      • If the event outside of Our control continues for more than 215 Calendar Days that you have access to the E Learning Portal We will cancel the Contract and inform you of the cancellation. Any refunds due to you as a result of that cancellation will be paid to you as soon as is reasonably possible;
      • If an event outside of Our control occurs and you wish to cancel the Contract, you may do so in accordance with your right to Cancel under sub-Clause 9.1.

 

  1. Cancellation
    • If you wish to cancel your Order for the Services before the Services begin, you may do so under sub-Clause 3.4.
    • Once We have begun providing the Services, you will not be able to cancel the Services and the Contract. We do offer the opportunity to change your Training dates and/ or Assessment dates providing you give Us 7 days written notice.
    • We may cancel your Order for the Services before the Services begin under sub-Clause 3.5.
    • Once We have begun providing the Services, We may cancel/change the dates and/or venues for Training and Assessment Days. We require a minimum number of Learners on each Date and therefore reserve the right to cancel/amend these dates and/or venues. As much notice as possible will always be given by Us.
    • If any of the following occur, We may cancel the Services and the Contract immediately by giving you written notice. If you have made any payment to Us for any Services We have not yet provided, these sums will be refunded to you [within 30 Calendar Days].  If We have provided Services that you have not yet paid for, the sums due will be deducted from any refund due to you or, if no refund is due, We will invoice you for those sums and you will be required to make payment in accordance with Clause 4.  We will not be required to give 30 Calendar Days notice in these circumstances:
      • You fail to make a payment on time as required under Clause 4 (this does not affect our right to charge interest on overdue sums under sub-Clause 4.10); or
      • You have breached the Contract in any material way and have failed to remedy that breach within 30 Calendar Days of Us asking you to do so in writing; or
      • We are unable to provide the Services due to an event outside of Our control (for a period longer than that in sub-Clause 8.2.4).
    • For the purposes of this Clause 9 (and in particular, sub-Clauses 9.3 and 9.6.2) a breach of the Contract will be considered ‘material’ if it is not minimal or trivial in its consequences to the terminating party (i.e. you under sub-Clause 9.3 and Us under sub-Clause 9.6.2). In deciding whether or not a breach is material no regard will be had to whether it was caused by any accident, mishap, mistake or misunderstanding.

 

  1. Communication and Contact Details
    • If you wish to contact Us with questions or complaints, you may contact Us by email at team@gyminstructoronline.co.uk.
    • In certain circumstances you must contact Us in writing (when cancelling an Order, for example, or exercising your right to cancel the Services). When contacting Us in writing you may use the following methods:
      • Contact Us by email at team@gyminstructoronline.co.uk; or
      • Contact Us at Gym Instructor Online Ltd, PO Box 983, Cambridge, CB24 3WF.

 

  1. How We Use Your Personal Information (Data Protection)
    • All personal information that We may collect (including, but not limited to, your name and address) will be collected, used and held in accordance with the provisions of the Data Protection Act 1998 and your rights under that Act.
    • We may use your personal information to:
      • Provide Our Services to you.
      • Process your payment for the Services.
      • Register you with the Awarding Body Central YMCA Qualifications
      • Inform you of new products and services available from Us. You may request that We stop sending you this information at any time.
      • We will not pass on your personal information to any other third parties [without first obtaining your express permission].

 

  1. Other Important Terms
    • We may transfer (assign) Our obligations and rights under these Terms and Conditions (and under the Contract, as applicable) to a third party (this may happen, for example, if We sell Our business). If this occurs you will be informed by Us in writing.  Your rights under these Terms and Conditions will not be affected and Our obligations under these Terms and Conditions will be transferred to the third party who will remain bound by them.
    • You may not transfer (assign) your obligations and rights under these Terms and Conditions (and under the Contract, as applicable) without Our express written permission.
    • The Contract is between you and Us. It is not intended to benefit any other person or third party in any way and no such person or party will be entitled to enforce any provision of these Terms and Conditions.
    • If any of the provisions of these Terms and Conditions are found to be unlawful, invalid or otherwise unenforceable by any court or other authority, that / those provision(s) shall be deemed severed from the remainder of these Terms and Conditions. The remainder of these Terms and Conditions shall be valid and enforceable.
    • No failure or delay by Us in exercising any of Our rights under these Terms and Conditions means that We have waived that right, and no waiver by Us of a breach of any provision of these Terms and Conditions means that We will waive any subsequent breach of the same or any other provision.

 

  1. Governing Law and Jurisdiction
    • These Terms and Conditions (and the Contract) (including any non-contractual matters and obligations arising therefrom or associated therewith) shall be governed by, and construed in accordance with, the laws of England and Wales.
    • Any dispute, controversy, proceedings or claim between Us and you relating to these Terms and Conditions (or the Contract) (including any non-contractual matters and obligations arising therefrom or associated therewith) shall fall within the non-exclusive jurisdiction of the courts of England and Wales.