Terms and Conditions
The terms and conditions laid out below are the basis of your contract between the Academy of Fitness Professionals Limited and you. Please read them carefully as this contract is a legally binding agreement.
1.1 These terms and conditions (the “Terms”) and any credit approval application (“Credit Application”) are the basis of the contract (the “Contract”) between the Academy of Fitness Professionals Limited (“AFP”/”us”/”we”/”our”) and you.
1.2 Please print a copy of these terms or save them electronically for future reference.
1.3 From time to time we may amend these terms. Each time you wish to make a booking with us, please check to ensure you understand the terms which will apply at that particular time.
Application of These Terms
2.1 Course payment (as detailed below) is an offer by you to enter into a binding contract with us, which we can accept or decline at our discretion.
2.2 We intend to rely upon these terms and any document that expressly refers to them in relation to the contract between you and us.
2.3 We have the right to revise and amend the terms from time to time. You will be subject to our terms (including policies and procedures outlined in our student code of conduct, student handbook and student induction pack) in force at the time that you enrol on a course with us, unless any change to those policies or these terms is required by law or government or regulatory authority in which case the same will apply to courses you have enrolled on or started.
2.4 If you do not provide us with the requisite information, or you provide us with incomplete, incorrect or inaccurate information or instructions, we reserve the right at our discretion to make an additional administration charge of £20 plus VAT to cover any extra work that is required or choose to cancel this contract.
Application, Enrolment, Payment and Course Delivery
3.1 Applications for our courses will only be accepted with payment of the full fee or first instalment fee. Note that any payments and subsequent payments are non-refundable. In cases where payment of course fees will be made via approved funding or through a third party this is subject to our specific approval and acceptance at the time.
3.2 If your course requires you to have a particular qualification, you must provide a copy certificate as proof of this particular qualification as part of the enrolment process.
3.3 All course bookings are subject to availability and must be completed within up to two years of your payment or first instalment payment date. All courses include up to two workbookresubmissions per module. Should you need to resubmit work beyond this you will incur a £50 administration fee plus VAT for each subsequent resubmission, which is payable in advance.
3.4 Whilst we endeavour to provide electronic course materials, from time to time it may be necessary to correspond via the postal system. Should this situation arise it is your responsibility to ensure you are available to receive your course materials. If you are unavailable when your course materials are delivered to the address provided by you and they are not collected, you should be aware that they may be returned to us. Under these circumstances we may at our discretion charge an additional fee of up to £20 plus VAT to cover the cost of required administration and resending your materials.
3.5 Our course fees include any outgoing delivery charges the AFP Ltd incur to send course materials to a UK mainland address other than as stated in these terms. Please note from time to time you will be required to send items to us by post and the cost of these incoming delivery charges is not included. If your course materials have to be delivered to a non UK address, we may at our discretion pass liability for the delivery charge we will incur over and above the standard UK mainland charge to you. Please contact our Customer Service Team on 0845 270 1990 to check the delivery charge for these course materials.
3.6 Please write your name and address clearly on your course profile application. We will use this information for how your name appears on your certificate and for your onward postal address. An administration fee of £25 will be charged, plus awarding body recertification fees and VAT should you wish to amend and re-print your certificate or should you require a duplicate for non-receipt at your address.
3.7 Any discounts, special promotions or bundle packages offered will be withdrawn if payments are made outside of the agreed terms.
3.8 If you are paying by instalment plan you will receive your certificate when your course is paid for in full.
3.9 Course descriptions, content and delivery are accurate at the time of booking. AFP Ltd however reserves the right to make changes to course content and delivery at our discretion together with the discontinuation of courses/modules without consultation.
3.10 The successful completion of your course is subject to your own study and satisfactory performance in the course assessment processes. We will use our reasonable endeavours and skill to assist you but it is not guaranteed that you will obtain a particular result. In addition, timeframes are provided for guidance and are not guaranteed.
3.11 We reserve the right to change the awarding body organisation without prior notification.
Late Payments
4.1 If you choose to pay for your course in agreed instalments and those instalments have not been paid on the due date, we reserve the right to withhold the release of course materials, assessments and/or examination results and/or delay the marking of course work until outstanding sums are paid. Further, we reserve the right to suspend access to your course/s or treat these as being cancelled and offer the place to another student. No refund of any course fees paid by you will be allowed. We also reserve the right to charge an administration fee of £20.00 plus VAT and interest on late payments at a rate of 3% above the base rate from time to time of HSBC Bank (or other UK clearing bank) as may be notified to you accruing on a daily basis until payment is made. If you are a business, we additionally reserve the right to claim interest under the Late Payment of Commercial Debts (Interest) Act 1998.
Changes and Cancellations by You
5.1 Cancellation under the Consumer Contracts Regulations 2013.
5.1.1 If you are a consumer and make a course booking or pay a deposit via our website or by telephone, you have a legal right to cancel a Contract under the Customer Contracts (Information, Cancellation and Additional Charges) Regulations 2013 within the period defined in clause 5.1.3. During the relevant period if you change your mind or for any other reason you decide you do not want to enrol on a course, you can notify us of your decision to cancel the contract and duly receive a refund. A cancellation form is available on request.
5.1.2 If you exercise your legal right to cancel under the Consumer Contracts Regulations, you will duly receive a full refund of the price you paid when booking and any applicable delivery charges you paid for. We aim to process the refund due to you within 14 calendar days of the day on which you gave us notice as described clause 5.1.3.
5.1.3 Your legal right to cancel a Contract starts from the date when a booking is made which is when the contract between us is formed. You have 14 (fourteen) calendar days in which you may cancel the booking, starting from the day after the day when the booking is made. If the period ends on a Saturday, Sunday or public holiday then the period is extended to the next working day.
5.1.4 If you choose to start your course within the cancellation period as per clause 5.1.3 then your legal right to cancel is as follows:
5.1.4.1 If your course has both started and ended during the cancellation period then your legal right to cancel will not apply.
5.1.4.2 If your course has started within the cancellation period but is due to end after the cancellation period then your legal right to cancel still applies. However, you will have to pay a proportion of the course fees which will based on the standard list price of the course and excludes any offers or promotions which may run from time to time.
Other Cancellation Rights
6.1 We understand that, due to unforeseen circumstances, applicants may need to alter their arrangements. In these cases, every effort will be made to accommodate the change, although please be aware that it may not always be possible. Delay may also occur in enrolling you onto an alternative course. To request an alteration to your course you must send a letter of request to our Head Office.
6.2 Any alterations are wholly at our discretion and are subject to an administration fee, as outlined below. The following administration charges will apply to any course alterations:
6.2.1 Distance Learning courses will be liable to an administration fee of £75.00 plus VAT and/or
6.2.2 For any other course that includes an attendance/workshop day(s) will be liable to an administration fee of £100.00 plus VAT; and/or
6.2.3 Failure to attend or cancel any practical/workshop component without our prior agreement will be liable to an administration fee of £100.00 plus VAT.
6.2.4 Should you wish to change the practical training/workshop course date that you have booked, providing all payments are up to date and the period before the start date of the course is more than 30 days, this can be done with an administration fee of £50.00 plus VAT.
6.3 A request for alteration is required in writing by you and addressed to the Finance Department, Academy of Fitness Professionals Ltd, 38 Rowlands Avenue, Hatch End, Middlesex HA5 4BH. In all cases of this nature you should also advise your designated Assessor of this as soon as possible.
6.4 You have a period of up to two years to complete your course from the date of booking. Should you fail to complete your course during this time your place will have lapsed. You may request a transfer to an alternative course which is subject to our discretionary agreement, availability and the payment of an administration fee of £150.00 and re-registration fee/s with the awarding body, plus VAT. As fees can vary from time to time you will also be required to pay in full any difference between the fees you have paid and the current course cost as shown on our website at the time.
6.5 In cases where a refund or part refund of fees is due, this will be returned to you at our discretion either by cheque, bank transfer or a direct refund on to the credit/debit card used as the original method of payment. Where applicable any administration fee/s will be educted from the amount refunded. We will aim to make this payment within 14 days.
Events Outside Our Control
7.1 A party shall not be in breach of this agreement, nor liable for any failure or delay in performance of its obligations under this agreement to the extent that such delay or nonperformance is due to circumstances beyond their reasonable control.
Promotions and Offers
8.1 We may work with third parties to deliver special offers and promotions to our students and reserve the right to amend or withdraw these at any time without prior notification.
8.2 It is up to you to form your own opinion of any third party special promotions or offers and any agreement you enter into is with the relevant organisation direct. The Academy of Fitness Professionals is not in any way linked to or liable for such agreements.
8.3 NUS
Our level 3 students may be eligible to apply, subject to a small fee, for an NUS (National Union of Students) TOTUM discount card. This is a separate arrangement you are entering into with the NUS direct. From time to time students may benefit from a promotional free NUS card offer as part of their course with us. Where this applies the promotion is paid via cash back subject to us receiving confirmation of your NUS TOTUM card purchase.
Intellectual Property
9.1 “Academy of Fitness Professionals” is a trademark. You do not have any rights to use this trademark unless we provide our express written consent for you to do so.
9.2 All course materials are our intellectual property and it is prohibited to copy, reproduce or adapt these unless we give our specific consent.
9.3 It is also prohibited to allow third party access to course materials unless we give our specific consent.
9.4 All course materials shall belong to us until full payment of course fees have been received.
9.5 You agree to comply with the provisions of our privacy policy which can be found on our website.
Miscellaneous
10.1 If any court or competent authority decides that any of the provisions of these terms 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.
10.2 If we fail while these terms are in force, to insist that you perform any of your obligations under these terms, or if we do not exercise any of our rights or remedies under these terms, that will not mean that we have waived such rights or remedies and will not mean that you do not have tocomply with those obligations. No waiver by us of any of these terms shall be effective unless we expressly say that it is a waiver and we tell you so in writing.
10.3 AFP Ltd’s total liability to you under or in connection with these Terms and Conditions shall no exceed the amount equal to the fees paid by you.
10.4 A person who is not party to these terms shall not have any rights under or in connection with them under the Contracts (Rights of Third Parties) Act 1999.
10.5 These terms shall be governed by English law and you and we both agree to the exclusive jurisdiction of the English courts.