These Terms and Conditions apply to any interaction you have with Academy for Health & Fitness: this could be accessing and utilising our information, goods and service (“Services”) via websites, mobile applications or by any additional means.
Please study these Terms and Conditions closely, as they concern your rights and legal responsibilities.
If you do not agree to these Terms and Conditions, please refrain from registering, subscribing, or using our website, or purchasing any Services from us.
1.2 These Terms will apply whenever you use a website owned or managed by us (‘Website”), accessed through a laptop, mobile application, or any other device that can access our services (“Services”). By continuing to make use of or access our Services, you are agreeing to these terms (“Terms”) and that they apply to the agreement between you and us (the “Agreement”).
1.3 These Terms may be revised from time to time. Any revisions or new Terms introduced will be made available on our Website. You are free to terminate this Agreement if you no longer wish to be tied to any such revisions, but by continuing to use our Services, you are deeming acceptance to these new Terms.
1.4 Please understand that these Terms only apply to the provision of Services by Academy for Health & Fitness to You, that is to say, the Course access service we provide, enabling you to purchase online classes or courses (“Courses”) which we provide on our Website and through our applications. The Courses are provided by teachers, tutors, colleges, schools and other third party applications (“Teachers”).
1.5 We make Courses available on the Academy for Health & Fitness platform, but we hold no responsibility or liability for the content provided for the Courses and do not warrant that the courses will be suitable for your specific requirements. The relevant Course Teacher will have sole responsibility for the content and delivery of a course.
1.6 Additional Terms may apply to specific courses, and these Terms will be outlined in the listing for the relevant course.
2.1 When using our Services, you will be invited to register with us. Registration is not obligatory to be able to access the Services, although you will not be able to purchase a course from us until you have registered and set up an account with us (“Account”).
2.3 You will also be required to create a password when registering. We strongly advise that you keep your password private and do not share it with any third party. If you do share your password with a third party, and they then access or use our Services, they will be deemed to be acting as an agent for you. We will not be held legally responsible for any action taken by any third party to whom you have chosen to share your password. If you believe a third party has become aware of your password and has access to your Account without your permission, please notify us immediately and we will suspend or close the Account at our discretion.
2.4 You must provide a valid email address when registering with us so that we can email you your course confirmation and any other information regarding our Services. We will not be held legally responsible if you fail to provide a valid email address and you do not receive course information or any other information from us that you might be awaiting. If you come to realise that you have provided an invalid email address, please notify us immediately so that we can correct the information we hold about you.
2.5 When you register with us you will be asked if you agree to use sending emails. If you don’t agree with this, we will not be able to send you any course information via email, including promotional offers and other Services we can provide you with. You may also be asked in the future if you agree to us sharing your details with our affiliates so that they can contact you with details of their services, products or special offers. If you agree to receive emails, either from us or our affiliates, you will have the option to unsubscribe at any time.
2.6 We may suspend or close your Account at any time if you are in breach of the terms of this Agreement. If we suspend or close your Account, you will not be able to purchase further Courses through us or use any of our other Services, and may not be able to access our Services.
Acquisition and Payment
3.1 You will be able to purchase a course directly using the Services. At the time you place your order, you must authorise your payment. We take payment from you at any time between the placing of the order and us making the content available.
3.2 When you indicate that you wish to purchase a course, you will be asked to make payment in full. Your purchase will not be complete and you will not have a secured place on your desired course until you have made payment and received a confirmation email from us.
3.3 Payment may be made to us via our PayPal account, or via debit or credit card.
3.4 Once we have received notification that you have paid, we will confirm the course and provide its access details via email. We may also notify the Teacher of your purchase, and where necessary, provide them with your contact details. By making a purchase, you have confirmed that you consent to us sharing your contact details with the Teacher.
3.5 At the point we confirm your purchase, a binding agreement will have been formed for the purchase of the course. Your purchase will always be subject to, and the course will be provided in accordance with, the Terms of the Teacher on the relevant listing.
3.6 Your order is an agreement to purchase the course content from us. There will be no contact of any kind between you and us unless and until we actually take payment from you. At any point until then, we may decline to provide the course to you without a specific reason. If we take payment and subsequently fail to provide the course for any reason, we will refund you in full. Please note that all refunds will be issued to the original method of payment used.
3.7 The prices payable for the Courses that you order are clearly listed on the Website or application on which you complete your purchase. If by mistake, we have under-priced a course, we will not be able to provide that course to you at the stated price.
3.8 All prices are expressed inclusive of any VAT payable unless otherwise stated.
Cancellations and Refunds
4.1 You have the right to cancel your order up to 14 days after your order is delivered, however, you must provide a proper reason for cancelling. This timeframe allows you a conditional right to cancel.
4.2 To cancel, simply email us at firstname.lastname@example.org or call us on 02037446845 with your order details, and we will take appropriate action.
4.3 Any refund can take up to 14 days to process.
Course Content and Products
5.1 The course material will be provided in accordance with the course description and, subject to our right to revise or remove any material, will be accessible for the duration of the course. It will not be accessible (except for a limited period at our discretion) after the course is complete. It is highly advised that you download all the available material during the term of the course.
5.2 We always endeavour to ensure that the Teachers who list their Courses are providing Course of a high standard, but we hold no responsibility or liability to you if the course does not meet your learning requirements or you deem it to be unsatisfactory in some way and your right of action or claim will be against the Teacher.
5.3 We will use reasonable endeavours to resolve any technical issues which prevent or restrict access to the material during the course. Access may, from time to time, be restricted or interrupted to allow for repairs, maintenance or the introduction of new facilities or Services.
5.4 We have no legal responsibility to compensate you should you lose or delete downloadable material during or after the course, although, at our discretion, we may seek to assist recovery.
Breach of Agreement
6.1 We may suspend your Account at any time should you be in breach of these Terms. Additionally, if you have not registered with us, we may suspend your access to the Services if we believe you to be in breach of this Agreement.
6.2 If we choose to suspend your Account or access to our Services for any reason, we may refuse to provide you with any Services or the right to purchase further Courses. If you attempt to escape this clause by attempting to create a new Account, we reserve the right to terminate our Agreement with you and any existing Account you may own.
7.1 We may provide opportunities for users to post content via our Services (“Content”).
7.2 We may remove Content from our Websites or applications at any time, for any reason, but in particular, Content which does not comply with our standards.
7.3 By publishing any Content via our Services, you confirm that:
7.3.1 you are the author of the Content;
7.3.2 you own all of the intellectual property rights in the Content (unless the Content solely consists of information).
7.4 You will be held responsible for any Content that you publish via our Services and will be personally liable for all claims concerning defamation, breach of intellectual property, privacy, or any other claim arising from your Content.
7.5 You agree to indemnify us in relation to any liability we may suffer as a result of any claims concerning defamation, breach of intellectual property, privacy, or any other claim arising from your Content.
7.6 You agree that you will not publish any offensive, false, misleading, defamatory, fraudulent or illegal Content.
7.7 In particular, you agree not to publish (or otherwise use our Service to distribute) any Content or engage in any activities which:
7.7.1 promotes racism, bigotry, hatred or physical harm of any kind against any group or individual;
7.7.2 harasses any person or advocates the harassment of any person;
7.7.3 displays or promotes pornographic or sexually explicit material of any kind;
7.7.4 does anything or promotes any conduct that is abusive, threatening, obscene, defamatory or libellous;
7.7.5 is illegal, infringes intellectual property rights, defames any person, breaches confidentiality or promotes any illegal activities;
7.7.6 promotes illegal or unauthorised copying of another’s copyright work, such as providing pirated computer programs or links to them, providing information to circumvent manufacturer-installed copy-protect devices, or providing pirated music or links to pirated music files;
7.7.7 provides instruction information about illegal activities, such as making or buying illegal weapons, violating someone else’s privacy or providing or creating computer viruses;
7.7.8 contains or is subject to restricted or password-only access pages, or hidden pages or images (those not linked to from another accessible page);
7.7.9 solicits passwords or personally identifying information from other users for commercial or unlawful purposes;
7.7.10 involves the transmission of “junk mail”, “chain letters” or unsolicited mass mailing or “spamming”;
7.7.11 promotes information that you know to be inaccurate or misleading in any way;
7.7.12 contains sensitive information e.g. names or personal contact details; or
7.7.13 amount to commercial activities and/or sales, such as contests, sweepstakes, barter, advertising and pyramid schemes
7.7.14 involve uploading any files using our Services that contain viruses, corrupted files, or malicious code or any other similar software or programs that may damage the operation of another’s computer.
7.7.15 access our Services using automated means (such as harvesting bots, robots, spiders, or scrapers) without our consent.
7.7.16 solicit log-in information or accessing an account belonging to someone else.
7.7.17 bully, intimidate or harass any user of our Services.
7.7.18 do anything unlawful, misleading, malicious, or discriminatory.
7.7.19 do anything to disable or impair the proper working of the Services.
7.7.20 do anything to suggest, express or insinuate that statements made by you are endorsed by us.
7.7.21 impersonate any other person in any profile whether or not that other person is a user of the Services.
7.8 We reserve the right to remove any Content from our Services at any time and for any reason.
Our Right to Take-Down
8.1 We will endeavour to identify and remove any Content that is defamatory or infringes on intellectual property rights when notified, however, we cannot be held responsible if you fail to provide the relevant information.
8.2 should you believe that any Content which is made available via our Services is defamatory or infringing on your intellectual property right, you should notify us in writing or by email to email@example.com including the following:
8.2.1 Your full name and contact details, including postal address, telephone number and e-mail address;
8.2.2 The exact URL or Service at which the defamatory or infringing Content appears;
8.2.3 The Content that you believe is defamatory or infringing on intellectual property rights;
8.2.4 The reasons that you believe the Content is defamatory or infringing on intellectual property rights;
8.2.5 A statement confirming that you are authorised to act on behalf of the claimant or rights holders; and
8.2.6 A signed declaration of truth in respect of the information in the notice.
8.3 Any statement made under this clause may be used in court proceedings.
8.4 If you come across any offensive, false or damaging material, or if you are subject to any form of abuse or harassment, please contact us immediately via email at: firstname.lastname@example.org
Prohibited Uses and Offences
9.1 You agree not to upload any files or post or publish any using our Services that contain viruses, corrupted files, or malicious code or any other similar software or programs that may damage the operation of another’s computer.
9.2 You must not misuse our Services by knowingly introducing viruses, trojans, worms, logic bombs or other material which is malicious or technologically harmful. You must not attempt to gain unauthorised access to our Services, the server on which our Services are stored or any server, computer or database connected to our Services. You must not attack our Services via a denial-of-service attack or a distributed denial-of-service attack.
9.4 We will not be held legally responsible for any loss or damage caused by viruses, a distributed denial-of-service attack or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of our Services.
10.1 We will not be held legally responsible to you for any business, financial or economic loss or for any consequential or indirect loss such as loss to reputation, lost bargain, lost profit, loss of anticipated savings or loss of opportunity arising as a result of any Services we provide to you under, or in any other way connected with, this Agreement (whether suffered or incurred as a result of our negligence or otherwise) except in the case of fraud, wilful concealment or theft.
10.2 For the avoidance of doubt, the liability excluded under clause 11.1 includes any loss arising from your dealings with any Teacher or arising from the Courses, and we shall have no liability to you whatsoever for any act or omission of the Teacher in connection with the Courses or in relation to the Courses themselves.
10.3 Our liability to you for all losses under these Terms (subject to any liability in accordance with clause 10.5 below) is limited to the total amount you have paid for Courses you have purchased with us.
10.4 No claim may be brought against us in relation to a Course more than 12 months following the date on which you purchased the relevant Course.
10.5 Nothing in this agreement limits or excludes our liability for death or personal injury arising as a result of our negligence, or for fraud or fraudulent misrepresentation.
10.6 You agree that the above exclusions of liability are reasonable in all the circumstances, especially in light of the fact that our legal obligations under this Agreement include only the provision of the Content and responsibility for the Course lies solely with the Teacher for whom we act only as a distributor in a limited capacity.
10.7 Although we always endeavour to offer you the best service possible, we cannot guarantee that the Services will meet your requirements. We cannot guarantee that the Services will be fault-free. If you identify a fault with our Services, please report it to us and we will attempt to correct the fault as soon as possible.
10.8 Access to our Services may be occasionally restricted or interrupted to allow for repairs, maintenance or the introduction of new facilities or Services. We will endeavour to restore the service as soon as possible. Access to the Services may be restricted whether or not you are registered with us. Any such restrictions or interruptions shall not constitute a breach by us of these Terms.
Ownership of Rights
11.1 The format and Content of our Services and all content comprised in a Course is protected by the United Kingdom and international copyright, and we and the Teachers reserve all rights in relation to our copyright whether owned or licensed to us. All rights are reserved to any of our registered and unregistered trademarks (whether owned or licensed to us) which appear on our Services or Courses.
11.2 Course material is provided for personal use and may not be copied, sold, shared, resold or licensed to any other party.
11.3 Our Services, Websites, applications and other materials may not be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without our expressed written consent. You may not systematically extract and/or re-use parts of the contents of the Services, Websites, applications or other materials without our expressed written consent. In particular, you may not utilise any data mining, robots, or similar data gathering and extraction tools to extract (whether once or multiple times) for re-utilisation of any substantial parts of our Services, Websites, applications or materials without our expressed written consent.
12.1 We cannot guarantee that our Services and the Courses we offer are appropriate or available for use in locations outside the United Kingdom, and accessing our Services from territories where its contents are illegal or unlawful is prohibited. If you choose to access our Services from locations outside the United Kingdom, you do so at your own discretion and are responsible for compliance with local laws.
12.2 You must comply with all foreign and local laws and regulations which apply to your use of our Services in the country in which you are physically located, including without limitation, consumer law, export control laws and regulations.
Other Important Terms and Conditions
13.1 These conditions are governed by and understood in accordance with the laws of England and Wales. You agree, as we do, to submit to the non-exclusive jurisdiction of the English courts.
13.2 If you breach our Terms and we decide to take no action or neglect to do so, then we will still be entitled to take action and enforce our rights and remedies for any other breach.
13.3 We will not be held legally responsible for any breach of these Terms and Purchase caused by circumstances beyond our reasonable control.
13.4 We may revise/update the Content and format of the Services, Websites, applications and materials, at any time, without notice.