terms and conditions

TERMS AND CONDITIONS

1.1 These terms and conditions and any credit approval application are the basis of the contract between International Fitness Alliance and you.

1.2 You should print a copy of these Terms or save them to your computer for future reference.

1.3 We may amend these Terms from time to time. Every time you wish to make a booking with us, please check these Terms to ensure you understand the terms, which will apply at that time.

 

APPLICATION OF THESE TERMS

2.1 Payment of the requisite fee (as detailed below) is an offer by you to enter into a binding contract with us, which we are free to accept or decline at our absolute discretion.

2.2 We intend to rely upon these Terms and any document expressly referred to in them in relation to the Contract between you and us. While we accept responsibility for statements and representations made by our duly authorised agents, please make sure you ask for any variations from these Terms to be confirmed in writing.

2.3 We have the right to revise and amend these Terms from time to time. You will be subject to our Terms (including policies and procedures) in force at the time that you enroll 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 may make an additional administration charge of a reasonable sum to cover any extra work that is required or choose to cancel this Contract.

 

APPLICATION, ENROLLMENT AND PAYMENT

 

3.1 Applications will only be accepted with payment of the deposit. Please note that any deposits are non-refundable. In cases where payment of course fees will be made via a payment plan you will be held to the payment time frame that is agreed upon at time of purchase. Payments that are one month overdue will be forwarded to our legal team for collection.

3.2 If your course requires you to have a particular qualification, you must provide proof of that qualification when enrolling.

3.3 The balance of course fees (i.e. the total fee(s) less any deposit previously paid) are due no later than 14 days before the course starts or as the payment plan indicates. If the balance is not paid by this date, we reserve the right to suspend access to online accounts and/or treat the course as being cancelled and offer the place to another student. Furthermore any progression in the course is put to a complete halt and all records are sealed.

3.4 Course bookings are subject to availability.  

CHANGES AND CANCELLATIONS BY YOU

 

4.1 Course changes or cancellations by the customer are non-refundable

4.2 Under extreme circumstances such as loss of life or loss of employment, an appeal to the no-refund policy can be made as long as the course has not started yet. However, the appeal is subject to approval by the IFA team. Requests can be made through an email to accounts@ifitnessallince.com. The email must include a detailed explanation of the circumstances and authentic evidence such as employment termination letter or flight bookings.

CHANGES AND CANCELLATIONS BY US

 

5.1 If circumstances arise that are beyond our control, it may be necessary from time to time to change/cancel course dates, content, venues and prices from those published. Whilst we will make every effort to transfer your booking to the next available course at your preferred venue, it should be noted that we will not be held liable for any costs/losses incurred as a result of any such changes. If we are no longer able to provide your course, we will ask you to return any course materials to us in the condition as originally delivered to you and refund to you any fees paid to date when we receive the materials as required.

5.2 We reserve the right to remove from any course, students that fail to comply with its standard practices and procedures. We reserve the right to refuse enrolments and/or suggest alternative arrangements if we believe that it will not be in our best interests of other participants and/or the individual concerned to attend one of our courses.

LIABILITY

 

6.1 If you are a business, subject to clause 7.4, we will under no circumstances whatever be liable to you, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, arising under or in connection with the Contract for:

• 6.1.1 any loss of profits, sales, business, or revenue;

• 6.1.2 loss or corruption of data, information or software;

• 6.1.3 loss of business opportunity;

• 6.1.4 loss of anticipated savings;

• 6.1.5 loss of goodwill; or

• 6.1.6 any indirect or consequential loss.

6.2 In any event, our liability to you in respect of any claim made will not exceed the course fee paid by you.

6.3 If you are a consumer, if we fail to comply with these Terms, we are responsible for loss or damage you suffer that is a foreseeable result of our breach of these Terms or our negligence, but we are not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if they were an obvious consequence of our breach or if they were contemplated by you and us at
the time we entered into the Contract.

6.4 We do not in any way exclude or limit our liability for:

• 6.4.1 death or personal injury caused by our negligence;

• 6.4.2 fraud or fraudulent misrepresentation;

• 6.4.3 any breach of the terms implied by section 12 of the Sale of Goods Act 1979 (title and quiet possession);

• 6.4.4 any breach of the terms implied by section 13 to 15 of the Sale of Goods Act 1979 (description, satisfactory quality, fitness for purpose and samples); and

• 6.4.5 defective products under the Consumer Protection Act 1987.

 

INTELLECTUAL PROPERTY

 

7.1 International Fitness Alliance is trademark. You do not have any right to use these marks unless we specifically consent to you doing so.

7.2 All written materials supplied by us to you shall be belong to us until payment in full has been received.

7.3 If we provide you access to any online subscription materials, you acknowledge that such access is granted to you solely as a licensee. This license will terminate on completion of your course or cancellation, whichever is the earlier.

7.4 All course materials and any online subscriptions are provided solely for your personal use in connection with your course. You may not copy, reproduce or modify any such materials, nor permit any third party access to them.

7.5 Copyright Infringement is defined as the use or production of copyright-protected material without the permission of the copyright holder. The copyright material is defined as any educational, informational and branded material and content produced, shared or published by IFA in audio, visual, electronic or print format. IFA strictly prohibits any individual from copying, publishing, transmitting, exhibiting, distributing, modifying, displaying, reproducing, making into a derivative or otherwise using (whether for profit or not) any of IFA's Intellectual Property—intentional and inadvertent.

7.6 Right to Refuse Service If IFA has reason to believe that a potential client currently or intends to work for a competitor, IFA retains the right to refuse and/or terminate service in effort to prevent Copyright Infringement, and protect IFA's Intellectual Property, as well as brand and reputation integrity. 


DATA PROTECTION

 

8.1 Data collected from you will be used to administer the course or to inform you about similar services which we provide, unless you tell us that you do not want to receive this information. Subject to clause 9.2, we will not pass your data to third parties. You agree to comply with the provisions of our privacy policy which can be found on our website and in our student handbook.

8.2 Where you have opted to pay for the course via our installment option you acknowledge and agree that we may pass your details to credit reference agencies and make a credit reference agency search to determine your suitability and ability to pay by installment.

8.3 If you have opted to enroll onto Fitness Instructor and Personal Trainer course you acknowledge and agree that we may pass your personal contact details to ‘Fitness Agents LTD’ and its subsidiaries in order to be contacted with regards to arranging details of self-employment.

 

EVENTS OUTSIDE OUR CONTROL

 

9.1 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 non-performance is due to circumstances beyond that party’s reasonable control.

 

CERTIFICATION TIMELINE

10.1 Certificates are processed once all payments have been received, exams have been marked and portfolios are completed. The certificates will be completed after 30 days and can take up to 120 days to be ready for collection. Once certificates are ready for collection you will be notified via email and they can be collected from our office by showing your passport or identification card. If you would like to have someone collect your certificate on your behalf please be sure to send an email to info@ifitnessalliance.com, stating the persons name, id number and the certificate that they will collect.

MISCELLANEOUS

 

11.1 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.

11.2 If we fail, at any time 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 to comply with those obligations. If we do waive a default by you, that will not mean that we will automatically waive any subsequent default by you. 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.

11.3 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.

11.4 These Terms shall be governed by English law and you and we both agree to the exclusive jurisdiction of the English courts.

11.5 Please note our online learning requires a minimum broadband speed of 512kb per second. We do however recommend a speed of at least 2MB per second to assist with your learning and the loading speed of our system.