Terms and Conditions
These terms and conditions set out the basis upon which THFI Education Limited (THFI), a company registered in England and Wales with Company number 13855055 whose registered office is at THFI Education Limited, Acresfield, 8 - 10 Exchange Street, Manchester, England, M2 7HA (“THFI” “us” “our” “we”), agree to provide certain training courses (the “Courses”) to you.
PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY BEFORE YOU PURCHASE ANY OF THE COURSES FROM US AND CHECK THAT THEY DO NOT CONTAIN ANYTHING WHICH YOU ARE NOT WILLING TO AGREE TO. THESE TERMS AND CONDITIONS FORM A LEGAL AGREEMENT BETWEEN YOU AND THFI AND GOVERN THE BASIS UPON WHICH THE COURSES ARE PROVIDED TO YOU. BY ORDERING ANY OF THE COURSES FROM THFI YOU AGREE TO BE BOUND BY THESE TERMS AND CONDITIONS.
Please note, we may record calls for training and administration purposes. If we need to contact you, we will do so by telephone or in writing, which includes email, using the contact information you provide to us. Please make sure that these details are completed and accurate. All notices or communications required or permitted to be given under these terms and conditions shall be in writing and shall be deemed to have been duly given if delivered personally, or sent by registered mail, postage prepaid, or by reputable courier service or email, to the addresses of the parties set forth in the THFI program registration form or such other address as either party may specify in writing to the other from time to time. Any notice or communication sent by registered mail or courier shall be deemed to have been received on the third business day following the day of mailing or dispatch, and any notice or communication sent by email shall be deemed to have been received on the next business day following the day of transmission. Notwithstanding the foregoing, notice of breach or termination shall be sent by registered mail, postage prepaid, or by reputable courier service.
Failure to do so may delay any important correspondence.
1. The Courses
1.1 Our Courses are delivered predominantly through a combination of online and virtual learning and live webinars. You may also be required to attend live venues, but this will be discussed with you by our course advisors. All Courses are scientifically based learning programmes for aspiring and current personal trainers. Candidates who successfully complete the Courses are awarded either diplomas or certification credentials.
1.2 All the Courses are recognised by the Chartered Institute for the Management of Sport and Physical Activity (“CIMSPA”) and are endorsed by Active IQ, YMCA Awards or Transcend Awards, the UK’s leading awarding organisations in the Active Leisure Sector.
1.3 The Level 2 Certificate in Fitness Instructing, Level 3 Diploma in Personal Training and the Diploma in Fitness Instructing and Personal Training were developed particularly for the UK market and are recognised by CIMSPA and endorsed by Active IQ, these courses prepare you to become a qualified trainer.
2. Your Course
2.1 All Courses and exams are offered in English. It is your responsibility to have the required competency in English to complete the Course and/or exam you purchase. THFI has the right to reject any order and/or limit quantities on any order, for any reason at its sole discretion.
2.2 You may place an order with us for the Course(s) by completing the THFI online ordering process or by telephoning THFI Course Advisors. When ordering online, please read and check your order carefully before submitting. However, if you need to correct any errors you can do so by contacting THFI’s Customer Service Team. Orders placed online will be acknowledged via email. This acknowledgement does not, however, mean that your order has been accepted. THFI may contact you, following your order to say that it cannot accept your order. This is typically for the following reasons:
a. The Course you selected is unavailable.
b. You do not meet the necessary criteria to be eligible for the Course.
c. THFI cannot authorise your payment.
d. You have failed to provide all or the correct information which is required to complete your order or there has been a mistake on the pricing or description of the Course.
Upon acceptance by us, a legally binding contract will be in place between you and THFI; we will send you an email containing a secure link to sign on to your course through our Learner Management System within 72hours, confirming acceptance and enabling you to access the course(s) you have ordered.
2.4 When signing into your account on our Learner Management System you;
(a) agree to provide complete and accurate information. THFI will store and use your registration information to maintain your Account.
(b) agree to protect your username and password, as well as any unique access codes provided by THFI and agree not to share them with any other person or permit any unauthorised use or access to the Course(s).
(c) certify and represent that you will be the person undertaking the Course(s) and that any attestations which you are required to complete in connection with the Course(s) will be completed only by you.
(d) acknowledge and agree that purchases made by you are not transferable to another person or from one Course to another Course.
3. Exams Registration
3.1 To complete your exam, you will receive an individual link via email.
3.2 Each exam will permit 2 allocated attempts over a set period within the Course. These will be detailed to you within your first week.
3.3 Each attempt will have a set timeframe to complete once you begin the exam. These timeframes vary depending on the exam you need to complete.
3.4 It is your responsibility to ensure you schedule enough time to complete your exam attempt. Once you log in and start the exam, the timeframe will commence and cannot be paused. You will be unable to log back into the exam after the timeframe has expired.
3.5 If you miss a time slot that has been allocated, this will use up one of your scheduled timeslots/attempts.
3.6 If you fail your exam after the 2nd scheduled attempt, you will need to purchase a retest.
3.7 Once you have logged in to take your exam, if you log out this will use up one of your scheduled timeslots/attempts.
3.8 To purchase a retest, please go to the resources section on the website and follow the directions.
4. Purchasing and Payment Terms
4.1 General Payment Information
The price of any Course is in pounds sterling (£) (GBP) and will be the price as told to you over the telephone, shown online and as set out in the email confirming acceptance of your application. All amounts payable by you are exclusive of any VAT chargeable from time to time which will be payable by you in addition to the price. The date for the tax point is the date we accept your order. It is possible that on rare occasions, an incorrect price for the Courses is stated to you. We check all prices for enrolments before we accept your application. If the Course’s correct price is less than our stated price on the date we accept your application, we will charge the lower amount. If the Course’s correct price on the date we accept your application is higher than the price stated to you, we may not accept your order but will contact you for your further instructions. Please note that the prices of our Courses may fluctuate due to availability and demand. The price for your Course is fixed at the point your order is accepted by us. Other students may pay more or less than the price you pay. If Government funding is available, it may also affect the price some customers pay for the Course. From time to time, we may offer promotional gifts for bookings onto our Courses. Such gifts or promotional offers will be subject to compliance with the offer terms and will be subject to availability. The gifts or promotional offers may not be available to all students booking onto our Course.
We accept payment with a variety of debit and credit cards including Visa, Mastercard we also accept PayPal. Alternatively, we accept a direct bank payment. (** We do not accept AMEX card type **)
Your credit card or debit card will only be charged when you complete your order. All payments by credit card or debit card may need to be authorised by the relevant card issuer before payment can be accepted.
4.2 Fitness and Education Partnerships
Please contact THFI’s Course Advisors to discuss the customised packages that are available for educational institutions and health clubs that meet certain criteria. Pricing is based on volume and level of commitment and plans will vary.
4.3 Payment Instalments / Split Payments
Pursuant to the terms and conditions of this agreement, it is incumbent upon learners to adhere to the split payment option irrespective of the speed which you are studying, thereby obligating them to remit all payments on the specified due date. Non-compliance with said payment schedule shall result in the imposition of restrictions upon learner access to the course. Furthermore, should a payment be missed, and said missed payment remains unpaid for a period of 14 days from the date of its original due date, learner access to the course shall be terminated. We reserve the right to charge an administration fee of £35.00 for dealing with each missed payment. Course certificates will be withheld until the entire payment plan and any outstanding debt is paid in full. All learners who select the split payment option and choose to remit course fees via instalments are liable for any outstanding fees outside of the 14 day cooling off period. We reserve the right to work with debt collection agencies to recoup the full and outstanding balance of any debts owed.
5. Cooling off period
5.1 You have the right to cancel and seek a refund for a Course within 14 days of the date on which you receive your payment confirmation. If you decide to cancel after the 14-day cancellation period, you will not be entitled to a refund of any amount of the Course(s) you purchased, and you are still liable for any outstanding fees for the Courses if you are on a payment plan. The most efficient way to exercise you right to cancel is to contact our Customer Service Team via email firstname.lastname@example.org within your 14-day cancellation period. Your request will be completed in a reasonable time frame, with no risk of missing the deadline. Refunds, if applicable, will be processed back via the same method it was initially paid and within 30 business days of receipt of your request to cancel.
5.2 If you access your Course(s) within the 14-day cancellation periods, you are no longer eligible to seek a refund, as you have accessed the Course(s) and will not be able to cancel your Course.
5.3 If your commencement date is within 14 days of the date order is confirmed, and you have provided us with consent to receive our enhanced delivery, your right to cancel this agreement and/or the Course(s) will not apply.
5.4 For product assessment/feedback purposes, you will be asked about your reason for cancelling your purchase. Your feedback is important to us and will be used to improve the product. You can choose not to provide feedback.
6. Terms Relating to Course, Exams and Retests
6.1: THFI Level 2, Level 3, and Diploma in Personal Training: All exams and practical assessment for the Level 2, Level 3 and Diploma in Personal Training exams must be completed as per the Course timeline as set out in the ILP (Individual Learning Plan) and within 12 months of the date you started your Course.
If you fail to successfully pass your exams/assessments during the 12-month period, you may purchase a retest. For more details regarding retest eligibility and fees please contact THFI Customer Service Team email@example.com
Once your 12-month period has ended, your course will expire, and you may be eligible to purchase a course transfer.
6.2 Course Transfers; A course transfer will incur a fee of £350.
6.2.1: You can you transfer your cohort start date any time during your initial 12-month period or within 6 months of this period ending. Once a transfer has taken place, you will receive a new 12-month expiration period.
6.2.2: You can only complete 1 transfer per course.
6.2.3: At the end of your 12-month expiration period, or after your additional 12-month transfer period. You will no longer be eligible to transfer, and you will need to contact the THFI Course Advisors to purchase a new Course booking. Any completed coursework will not transfer to a new booking, and you will complete assignments in line with the new course duration.
6.2.4: All students have not completed their course within the above expiration timeframes will be removed from the LMS and their qualification de-registered with the Awarding Organisation.
6.3 Events Outside THFI’s Control
THFI shall not be in breach of these terms and conditions, nor liable for any failure or delay in performance of its obligation under these terms to the extent that such delay or non-performance is due to circumstances beyond THFI reasonable control.
6.4 Reasonable adjustments
If you have any concerns about your ability to access the Courses or take the exams due to any medical reason or disability, please contact THFI’s Customer Service Team who may in certain circumstances be able to assist in making reasonable adjustments where possible.
6.5 Limitation of Liability
Except for any legal responsibility that THFI cannot exclude in law (such as for death or personal injury for its negligence), THFI shall have no liability for any indirect or consequential losses (including any losses that were not foreseeable to you and THFI when the enrolment was made) nor for any of the following losses (whether, in each case, such loss is direct or indirect):
(a) loss of profits.
(b) losses that were not caused by any breach on the part of THFI.
(c) business losses.
(d) losses to non-consumers.
(e) loss of data.
(f) loss that results from any errors or omissions in any materials provided as part of the Courses, Programmes or other THFI offerings.
Subject to the foregoing provisions of this clause 6.5, THFI’s total liability to you for all and any liabilities shall not exceed the amount you have paid for the Courses.
References to liability in this clause 6.5 include every kind of liability arising or in connection with these terms and conditions and the Courses provide by THFI including liability in contract, tort (including negligence) misrepresentation, restitution or otherwise.
6.6 THFI reserves the right to take steps it believes are reasonably necessary or appropriate to enforce and/or verify compliance with any part of these terms and conditions. You agree that THFI has the right, without liability to you, to disclose any registration data and/or account information to law enforcement authorities, government officials, and/or a third party, as we believe is reasonably necessary or appropriate to enforce and/or verify compliance with any part of these terms and conditions (including but not limited to), or for THFI’s requirement to cooperate with any legal process relating to your use of the THFI’s websites or the Courses, and/or a third-party claim that your use of the website or the Courses is unlawful and/or infringes such third party's rights).
7 General Terms
7.1.2 You agree to keep all confidential information related to THFI strictly confidential and to use such information only for the purpose of participating in the THFI program and/or the Course(s). The participant further agrees not to disclose or share such information with any third party without the prior written consent of THFI. The participant understands that the confidential information provided by THFI is valuable and proprietary and that any unauthorised use, reproduction, or dissemination of such information may cause irreparable harm to THFI. The participant agrees to take all necessary measures to protect the confidentiality of the confidential information, including but not limited to maintaining appropriate physical and electronic security measures. In the event of any breach of this provision, the participant agrees to indemnify and hold THFI harmless from any and all claims, damages, or liabilities arising from such breach. Our confidential information includes the content of the Course(s) and any written materials provided to you as part of the Course(s).
7.2 Licence Terms
The Courses made available to you by THFI are licensed, and not sold, to you, subject to these terms and conditions. Your licence to use the Courses is subject to your prior acceptance of these terms and conditions including any updates or enhancements thereto. You are not authorised to assign or transfer this licence or your access code(s), username, or password to any other person or entity. Other than the rights granted to you in these terms and conditions, THFI grants you no other rights. You agree not to copy, modify, rent, lease, loan, sublicence, sell, distribute, disassemble, decompile, reverse engineer, or create any derivative works or translations of or based on the Courses or access and services provided to you by THFI as part of the Courses (except as and only to the extent that the foregoing restrictions is not permitted under applicable law). You agree to use the Courses only as permitted under these terms and conditions. If THFI reasonably suspects that you have violated these terms and conditions, or if you have not paid the fees that are due and payable by you to THFI, then, without notice to you, THFI may terminates its enrolment of you, the licence, and your THFI Account with immediate effect and deny you further access to HFI’s products and services.
Upon termination of this licence, you shall cease all use of THFI’s products and services and remain liable to pay all amounts that may be or become due and payable by you to THFI. THFI reserves the right to modify, suspend, remove, or disable access to the Courses or your THFI Account at any time without notice and in no event will THFI be liable for making any such changes.
7.3 Intellectual Property
You understand and agree that the Courses consists of intellectual property and proprietary material that is owned by or licensed THFI or its parent companies, affiliates, or its licensors and is protected under intellectual property laws in Great Britain, which includes, but is not limited to, copyright. All rights not expressly granted to you under these terms and conditions are reserved by THFI its parent companies and licensors. THFI and acronyms, their trademarks, service marks, graphics, and logos used in connection with the Courses, are trademarks or registered trademarks of THFI (together, "Marks"). Other trademarks, service marks, graphics, and logos used in connection with the Courses may be the trademarks of their respective owners. THFI, its parent companies and their licensors do not grant to you any right or licence in connection with any of the foregoing trademarks, service marks, graphics, or logos. You may not use the Marks without the prior written approval of THFI.
You agree to abide by all copyright notices and restrictions contained on this or any website of THFI, and/or contained within the Courses and/or imposed in accordance with these terms and conditions. You may not copy, distribute, enter into a database, display, perform, create derivative works, translate, or transmit any content contained in the Courses except that you may download one copy of any materials for the Courses accessible online so long as you comply with these terms and conditions. The Courses are provided for your own personal, non-commercial use. You may not alter the text or remove any trademark, copyright or other notice displayed on the Courses or the materials provided for the Courses. All rights in the Courses and the materials for the Courses are reserved.
7.4 No Resale
The Courses are not provided for redistribution or resale under these terms and conditions.
7.5 Compliance with Laws
You agree to comply with all applicable English law, in your use of and access to the Courses. You will not use the Courses in any way that is prohibited by the laws of England and Wales.
7.6 Use of Links
THFI may include material from third parties or include links to third party websites in its products and services or as part of the Courses. Such material is provided as a convenience to you and THFI has no liability or responsibility for such third-party materials or websites. Please note that these third-party websites may have privacy policies that differ from those of THFI, and we encourage you to carefully read those policies and terms and conditions.
YOU EXPRESSLY AGREE THAT your use of, or your inability to use, THFI’s websites or the THFI courses is at your sole risk. THFI do not warrant for the accuracy or completeness of any information, text, graphic, links or other items contained within the Courses or the materials for the Courses or for any errors, omissions, or any outcomes related to your use of THFI’s website or the Courses. THFI takes actions to protect themselves against, but makes no warranties respecting, any harm that may be caused by the transmission of a computer virus, or other system or network infection or attack. THFI does not guarantee that your use of the THFI website or the courses will be error-free or uninterrupted.
7.8 Disclaimer: No Provision of Professional Advice; No Guarantee
THFI, its licensors and contributors are not engaged in rendering medical, legal, or other professional advice of services and the content of the Courses or its websites and materials are not intended to take the place of such advice. If such advice or other expert assistance is required, the service of a competent professional should be sought. Please consult an appropriate professional before using any of the information, services, products, or other resources provided to you as part of the Courses, or which you may find in the content of the Courses or THFI website and materials, or other resources mentioned or made accessible through the THFI’s sites.
THFI does not endorse, sponsor, or guarantee any of the information of others, including advertisers, providers, or partners, which may be accessible or made available on its websites or in its marketing materials or is otherwise part of the Courses. While we are confident that holding our credentials will be valuable to you in the marketplace, we make no guarantees that completion of our Courses or obtaining our certification will lead to employment, promotion, retention, or business growth.
By using THFI’s websites and accessing the THFI Courses you agree that you will indemnify and hold THFI and its licensors, suppliers, parent corporations, affiliates, employees and agents harmless in connection with any claim arising out of breach of these terms and conditions by you, your use the Courses, or any action taken by THFI to protect its intellectual property, including, but not limited to, suspension or termination of your access to the Courses, your THFI Account and/or THFI’s website
THFI reserves the right to update and modify these terms and conditions without advance notice to you and such changes will be effective immediately when posted on this website and will govern your continued use of the website and the Courses.
THFI may transfer or assign our rights and obligations under these terms to another organisation. We will always tell you in writing if this happens and we will ensure that the transfer or assignment will not affect your rights hereunder. These terms and conditions are between you and THFI no other person other than you shall have any rights to enforce any of these terms and conditions. You shall not assign, transfer, sub-contract or deal in any other way with your rights and obligations under the terms and conditions and/or the licence rights granted herein, and any attempt to do so will be invalid.
Each of the clauses, sub-clauses and paragraphs of these terms and conditions operates separately. If any court or relevant authority decides that any of them are unlawful, invalid, or unenforceable the remaining paragraphs will remain in full force and effect.
Any delay or failure on our part in enforcing a term or condition or remedy hereunder shall not waive that or any other rights and, we can still enforce it later. If we do not insist immediately that you do anything you are required to do under these terms, or if we delay in taking steps against you in respect of your violating these terms and conditions or any other published rules, that will not mean that you do not have to do those things and it will not prevent us from taking steps against you at a later date. For example, if you miss a payment and we do not chase you, but we continue to provide the products, we can still require you to make the payment at a later date.
THFI reserves the right at any time in its absolute discretion to disable access to the Courses and its websites temporarily or discontinue your enrolment in Course, until all the fees have been paid. The access periods described in these terms and conditions will not be extended to make up any time lost due to a period of disabled access.
THFI will try to resolve any disputes with you quickly and efficiently.
If you are unhappy with:
(a) the Courses.
(b) our service to you; or
(c) any other matter.
please contact THFI as soon as possible. If you and THFI cannot resolve a dispute using our internal complaint handling procedure, THFI will:
(a) let you know that it cannot settle the dispute with you; and
(b) give you certain information required by law about suitable alternative dispute resolution (ADR) providers.
The courts of England and Wales will have exclusive jurisdiction in relation to any dispute arising out of these terms and conditions. These terms and conditions and any dispute or claim arising out of or in connection with these terms and conditions or their subject matter will be governed and construed in accordance with the laws of England and Wales.
8. Our Rights to Terminate and Make Alterations
8.1 We may end access to a Course if you violate any of these terms and conditions or the terms stated in any ILP (Individual Learning Plan) including, but not limited to the following occurrences.
(a) If you do not, within a reasonable time of us asking for it, provide us with information that is necessary for us to provide the Course, for example, you do not provide us with your prior qualifications.
(b) If the information provided in your application is incorrect or misleading or we discover that you do not meet the Course requirements.
(c) in any of the circumstances set out in clause 7.2.
If we end your enrolment on any Course in any such circumstances and/or due to a breach of these terms or a rules violation or your misconduct, we may charge you the full Course fee.
8.2 We also reserve the right to withdraw a Course. We may write to you to let you know that we are going to stop providing the Course. We will let you know as soon as practical in advance of our stopping the Course.
8.3 Any alterations to Courses are at THFI’s discretion and may be subject to an administration fee. Please contact THFI’s Customer Service Team for more information. In cases where a refund is due, this will be returned to you (at THFI’s election) via your original payment method where possible, or if that is not feasible by such other method as you agree to (acting reasonably). Any administration fee applicable will be deducted from the amount refunded. We will process any refund due to you as soon as possible, and, in any case within 30 business days of receipt of request.
These terms and conditions and any documents referred to in them are the entire and exclusive agreement between THFI and you regarding your use of THFI websites and the Courses and replaces any prior agreements between you and THFI reading the subject matter herein.