Terms and Conditions

Introduction

These Terms and Conditions (T&Cs) apply to any bookings a student makes with Sports Fitness Academy. By booking a course, the student agrees to these T&Cs and will apply in full to the delivery of the course by Sports Fitness Academy and that they form part of the contract between the student and the centre. Sports Fitness Academy reserve the right to make changes to these T&Cs

T&Cs will apply to any student accessing external funding for their course through a funded project or scheme.

Bookings

All bookings will be processed on a first come, first served basis, and will only be accepted when accompanied by a completed and dated student registration form and appropriate payment.

A deposit of €200 is a legally binding commitment to pay the balance, and is required at time of booking. Deposits are non-refundable.

All online courses must be paid upfront and in full before been given access to online material.

All face to face courses (including those paid by standing order instalments) must be paid within two weeks of the course start date.  Failure to do so will result in a €20 charge per day after this two week period.

For courses paid by companies rather than individuals, Sports Fitness Academy requires a completed and dated registration form and Purchase Order Cover Sheet with PO number detailed.  This document should include: the full name, address and telephone number of the authorising signatory, accepting our T&Cs

No payments will be deemed to be made until agreed payment has appeared in cleared funds.

Any money paid that is not used for a course within one year of the date of payment will be forfeited.

Students must raise any billing/receipt queries via email with Sports Fitness Academy within 2 months of their course start date. Any queries relating to invoices, receipts, etc. from bookings older than 2 months will result in an administration charge of €20.

Should the arrears of payment not be rectified with 62 day period, Sport Fitness Academy will pass the legal documents to our legal and debt collecting team.

Your course must be paid in full and all outstanding balances must be cleared before Sports Fitness Academy can certify you. Certification will not be sent out until your outstanding balance has been cleared.

 

Standing Order Instalments

Payment plans via standing order instalment can be made available for some courses.

Once this plan is set up the student is required to complete all payments even if they are unable to attend the course.

Should you default on any payment you will have 48 hours to rectify payment. Thereafter Sports Fitness Academy will have the right to suspend any course relating to payment.

Details of all administration support fees are set out in our administration support fee document and is attached to these T&Cs.

All payments due to Sports Fitness Academy shall be made without any deduction whether by way of set-off, counterclaim, discount, abatement, bank charges or otherwise.

Students paying on a standing order must arrange to pay on an agreed time frame. Failure to do so will result in a €20 charge per day after this agreed time frame.

Failure to pay by the due date will result in the booking being cancelled and all payments made to date will be forfeited.

Should the arrears of payment not be rectified with 62 day period, Sport Fitness Academy will pass the legal documents to our legal and debt collecting team.

Your course must be paid in full and all outstanding balances be cleared before Sports Fitness Academy can certify you. Certification will not be sent out until your outstanding balance has been cleared.

Cancellations

No refunds will be given for any cancellations made by the student. All fees will be forfeited.

In the unlikely event that Sports Fitness Academy has to cancel a course they will offer the student a choice of alternative dates for the same course. If these dates are not suitable for the student, they will provide a refund up to the value of the course.

If a student does not start a course, this will be treated as a cancellation.

If a student stops attending without notifying Sports Fitness Academy in advance, this will be treated as a cancellation.

Should you cancel the course or not complete the course, you must pay the full remaining balance of the course.

Discipline procedure

In certain cases where a student misses required elements of a course for any reason, Sports Fitness Academy reserves the right to administer a written warning to that student.  This will normally be sent to the email address provided by the student. Receipt of warnings will have consequences should the student fail any subsequent exam or assessment. Details can be found in the administration support fee section. Warnings will be sent for persistent lateness, missing a part of the course or for inappropriate or disruptive behaviour. In some cases, it may result in removing the student from the course. Alternatively, Sports Fitness Academy may require the student to observe sessions on a later course or have private sessions before proceeding to assessment with costs covered by the student.

Course Transfers

The student must notify Sports Fitness Academy in writing if they wish to transfer their original booking to an alternative date (except for assessment transfers which can be requested by telephone). If a change is requested four weeks or more before the start of a course, Sports Fitness Academy will charge a transfer fee in accordance with its current charges. This must be paid at the time of the transfer request.

A transfer from one course type to another can be made once only.

The student takes full responsibility for choosing the right format of learning. No transfers between the formats of learning on the same type of course will be given once the course materials have been received or the course has begun.

Delivery of your course

Dates, times and locations for courses are accurate at the time of booking. However Sports Fitness Academy reserves the right to alter times, dates or locations if circumstances dictate.

The student is responsible for arranging their own accommodation and any transportation to and from the agreed location as indicated on their booking confirmation.

Venue membership is not included in the course fees.

Should a learner wish to raise a complaint the learner must follow the complaints procedure which can be seen in your induction material. If a student complains to an Awarding Body or any other such organisation or bodies, without following the Complaints Procedure, the learner will be charge €50 administration of each time Sports Fitness Academy has to communicate with either the learner or the Awarding Body or any other such organisation or bodies outside of the Complaints Procedure.

Theory exam & practical assessment referrals

Sports Fitness Academy will not refund any fees or offer an alternative date if a student fails to attend an exam.

If a student fails to attend, refers or cancels an assessment or exam they will be charged the current rate for re-booking. It is the student’s responsibility to re-book their assessment or exam and the booking will not be taken until full payment has been received.

If the conditions of a practical assessment are not complied with by the student they may not be assessed. Assessment instructions are given in full during the course..

Transfers from assessments are treated in the same way as courses a transfer fee applies.

No student will be accepted for any practical observations until the student has attained 100% on each coursework unit.

Certification

Certificates will only be issued to the name supplied on the registration form.

Certificates will not be issued unless all fees have been paid in full and all requested documents have been received.

Certificates will be kept by Sports Fitness Academy for collection by the student in person.  Students can request their certificate be posted.  This will be done via Registered Post and a signature will be required. Sports Fitness Academy will not be liable for any certificate that is not received through the post.  A fee will be applied for any posted certificates.

Sports Fitness Academy will endeavour to have your certificate claimed within 6 months of your account being cleared. However this is subject to possible delays by outside agencies.

Responsibilities and Liability

Sports Fitness Academy do not guarantee that a student will pass a course or that successfully completing a course will provide a student with anything other than the qualification granted under that course.

Sports Fitness Academy shall not be liable for any loss, damages, costs, claims, demands, expenses or liabilities of whatsoever nature arising out of the delivery of the course to a student as a result of their act or omission including but not limited to the following:

  • The student’s failure to follow any oral or written instructions or recommendations in relation to the course/courses.
  • The student supplies to Sports Fitness Academy any information that is inaccurate, false, misleading or out-of-date.
  • Any loss or damage to any personal items and valuables which the student brings to a course.

Sports Fitness Academy’s entire liability to the student under or in connection with these T&Cs shall not exceed the amount equal to the fees paid by them.

Data Protection

By making a booking with this centre, the student consents that Sports Fitness Academy will store and process their personal details and information eg: name, address, telephone number, email address and disclosed medical conditions/learning needs.  This is in accordance with any relevant data protection legislation.

Sports Fitness Academy will disclose students’ details and information to the tutor(s) delivering the course and also any funding/training partners specific to the student’s course but they will not disclose the details and information provided by the student to any other third party without their consent unless they are specifically required to do so by law and is in response to a valid, legal request by a law enforcement or governmental authority.

Sports Fitness Academy maintains databases of their students both manually and electronically. We will use this information from time to time for sending information about the services that they offer. We always ensure, however, that the data is handled in accordance with the provisions of the Data Protection Act. If, at any time, a student does not wish Sports Fitness Academy to provide them with this information or to retain their personal details on the database then please inform us in writing.

Data collected from you will be used for the running of 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.

 

Ownership of Course Materials

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

Online students with access to online materials, acknowledge that such access is granted to you solely as a licensee. This licence will terminate on completion of your course or cancellation, whichever is the earlier.

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.

When a learner logs onto the course platform, they’ll lose their 14-day right to cancel

the order.

Student Responsibilities

It is the student’s responsibility to ensure that Sports Fitness Academy holds his or her correct personal information. We will not be liable for any errors due to incorrect personal information supplied by the student.

We will offer support to students with individual learning needs and/or disabilities. It is the student’s responsibility to inform us of any individual needs at the time of booking so that appropriate support can be provided.

All students must comply with the legislation relevant to the working areas and behave in a manner that does not put his/herself or others at risk. All students must familiarise themselves with Fire Evacuation Procedures. Corridors and stairways, which are provided for the safe passage of people using the venues, should not be obstructed.

All students must comply with the Learning Agreement which can be found in your course induction material. Any student found guilty of breaching the Agreement will be removed from the programme and all fees paid will be forfeited. If any student’s behaviour results in breaches of the law, Sports Fitness Academy reserves the right to involve the Garda and to prosecute the individual(s) concerned.

It is the student’s responsibility to provide proof of qualifications where these are a prerequisite for certification on their chosen course. For example, a student who applies to study a level 3 Personal Trainer course needs to prove they hold a level 2 Gym Instructor certificate.  Failure to provide such proof may delay certification subsequently.  The only proof that is acceptable is a certificate from a recognised awarding body.

Students will be required to produce photographic identification on the first day of each course and on any practical assessment.

Agreement with T&Cs

By logging into your online course you have agreed to these T&Cs.  You are also confirming that you are aware that you are losing your 14-day right to cancel

Should you cancel before you log on to your course, you will be held liable for any fees associated with the said course that can include but not limited to; Registrations fees with Awarding Organisation; postal cost; assessment fees; administration fees.

Checking the Terms and Conditions tick box on the registration form also confirms your agreement to these T&Cs.

Support Fees

  1. Failure to complete an online course within the 6 month deadline will result in the student’s access being suspended. A fee of €100 will be required to provide access to all coursework units.
  2. Face to Face and workshop students will be expected to have the required coursework and practical assessments completed within 6 months of completing their course. A fee of €100 will be required in order to have their course work marked after the 6 months deadline.
  3. Failure to pay for course within 2 weeks of course start date is €20 per day after this 2 week period.
  4. Transfer fee from one course to another is €60.
  5. Transfer fee for exam or practical assessment is €40
  6. Admin fees for invoices, receipts etc after 2 months of course start date is €20
  7. Raising a complaint outside the complaints policy €50
  8. All students (both online and face to face) will be liable to pay the following fees;
  • Resit of theory paper – €60
  • Resit practical assessment – €80
  1. Students that have been subject to academic warnings for persistent lateness (2 or more occasions) or for missing part of the course (half a day or more). As such, the following fees will be liable to be paid;
  • 1 or more written warning in place;
  • Written exam re-sit  €80
  • Practical assessment re-test €100.
  1. Telephone call with tutor (online students) – €30 This must be booked through the office.
  2. Replacement certificate – A €20 administration fee will be applied on top of the fee applied by the relevant awarding body. (N.B. students can apply for these directly through the awarding body)
  3. Certificates will be held in our offices pending collection by the student. Should the student require their certificate to be posted then this will be done by recorded delivery, for which a fee of €20 will be charged.
  4. Each online student is entitled to 3 attempts per unit. Theafter the student will be locked out of the coursework unit and a support fee of €30 per coursework unit remark will be enforced for each additional attempt on that specific unit.
  5. Payment can be made via PayPal however there will be a fee of 4% per transaction.

 

www.sportsfitnessacademy.ie Privacy Policy
This privacy policy has been compiled to better serve those who are concerned with how their ‘Personally Identifiable Information’ (PII) is being used online. PII, as described in US privacy law and information security, is information that can be used on its own or with other information to identify, contact, or locate a single person, or to identify an individual in context. Please read our privacy policy carefully to get a clear understanding of how we collect, use, protect or otherwise handle your Personally Identifiable Information in accordance with our website.

 

What personal information do we collect from the people that visit our blog, website or app?
When ordering or registering on our site, as appropriate, you may be asked to enter your name, email address, phone number or other details to help you with your experience.
When do we collect information?
We collect information from you when you register on our site, fill out a form or enter information on our site.

 

How do we use your information?

We may use the information we collect from you when you register, make a purchase, sign up for our newsletter, respond to a survey or marketing communication, surf the website, or use certain other site features in the following ways:

       To improve our website in order to better serve you.
       To quickly process your transactions.
       To send periodic emails regarding your order or other products and services.
       To follow up with them after correspondence (live chat, email or phone inquiries)

 

How do we protect your information?

Our website is scanned on a regular basis for security holes and known vulnerabilities in order to make your visit to our site as safe as possible.

We use regular Malware Scanning.

We do not use an SSL certificate
       We only provide articles and information. We never ask for personal or private information like names, email addresses, or credit card numbers.

 

Do we use ‘cookies’?
We do not use cookies for tracking purposes
You can choose to have your computer warn you each time a cookie is being sent, or you can choose to turn off all cookies. You do this through your browser settings. Since browser is a little different, look at your browser’s Help Menu to learn the correct way to modify your cookies.
If you turn cookies off, Some of the features that make your site experience more efficient may not function properly.that make your site experience more efficient and may not function properly.

 

Third-party disclosure

We do not sell, trade, or otherwise transfer to outside parties your Personally Identifiable Information unless we provide users with advance notice. This does not include website hosting partners and other parties who assist us in operating our website, conducting our business, or serving our users, so long as those parties agree to keep this information confidential. We may also release information when it’s release is appropriate to comply with the law, enforce our site policies, or protect ours or others’ rights, property or safety.

However, non-personally identifiable visitor information may be provided to other parties for marketing, advertising, or other uses.

 

Third-party links
We do not include or offer third-party products or services on our website.

 

Google

Google’s advertising requirements can be summed up by Google’s Advertising Principles. They are put in place to provide a positive experience for users. https://support.google.com/adwordspolicy/answer/1316548?hl=en

We have not enabled Google AdSense on our site but we may do so in the future.

 

California Online Privacy Protection Act
CalOPPA is the first state law in the nation to require commercial websites and online services to post a privacy policy. The law’s reach stretches well beyond California to require any person or company in the United States (and conceivably the world) that operates websites collecting Personally Identifiable Information from California consumers to post a conspicuous privacy policy on its website stating exactly the information being collected and those individuals or companies with whom it is being shared. – See more at: http://consumercal.org/california-online-privacy-protection-act-caloppa/#sthash.0FdRbT51.dpuf
According to CalOPPA, we agree to the following:
Users can visit our site anonymously.
Once this privacy policy is created, we will add a link to it on our home page or as a minimum, on the first significant page after entering our website.
Our Privacy Policy link includes the word ‘Privacy’ and can easily be found on the page specified above.
You will be notified of any Privacy Policy changes:
       On our Privacy Policy Page
Can change your personal information:
       By emailing us
How does our site handle Do Not Track signals?
We honor Do Not Track signals and Do Not Track, plant cookies, or use advertising when a Do Not Track (DNT) browser mechanism is in place.
Does our site allow third-party behavioral tracking?
It’s also important to note that we do not allow third-party behavioral tracking

 

COPPA (Children Online Privacy Protection Act)

When it comes to the collection of personal information from children under the age of 13 years old, the Children’s Online Privacy Protection Act (COPPA) puts parents in control. The Federal Trade Commission, United States’ consumer protection agency, enforces the COPPA Rule, which spells out what operators of websites and online services must do to protect children’s privacy and safety online.

We do not specifically market to children under the age of 13 years old.
Do we let third-parties, including ad networks or plug-ins collect PII from children under 13?

 

Fair Information Practices

The Fair Information Practices Principles form the backbone of privacy law in the United States and the concepts they include have played a significant role in the development of data protection laws around the globe. Understanding the Fair Information Practice Principles and how they should be implemented is critical to comply with the various privacy laws that protect personal information.

In order to be in line with Fair Information Practices we will take the following responsive action, should a data breach occur:
We will notify you via email
       Within 7 business days
We also agree to the Individual Redress Principle which requires that individuals have the right to legally pursue enforceable rights against data collectors and processors who fail to adhere to the law. This principle requires not only that individuals have enforceable rights against data users, but also that individuals have recourse to courts or government agencies to investigate and/or prosecute non-compliance by data processors.

 

CAN SPAM Act

The CAN-SPAM Act is a law that sets the rules for commercial email, establishes requirements for commercial messages, gives recipients the right to have emails stopped from being sent to them, and spells out tough penalties for violations.

We collect your email address in order to:
       Send information, respond to inquiries, and/or other requests or questions
       Process orders and to send information and updates pertaining to orders.
       Send you additional information related to your product and/or service
       Market to our mailing list or continue to send emails to our clients after the original transaction has occurred.
To be in accordance with CANSPAM, we agree to the following:
       Not use false or misleading subjects or email addresses.
       Identify the message as an advertisement in some reasonable way.
       Include the physical address of our business or site headquarters.
       Monitor third-party email marketing services for compliance, if one is used.
       Honor opt-out/unsubscribe requests quickly.
       Allow users to unsubscribe by using the link at the bottom of each email.

If at any time you would like to unsubscribe from receiving future emails, you can email us at
       Follow the instructions at the bottom of each email.

and we will promptly remove you from ALL correspondence.

 

Contacting Us

 

If there are any questions regarding this privacy policy, you may contact us using the information below.

www.sportsfitnessacademy.ie
The Base Enterprise Centre

Stranorlar, Co. Donegal 00000

Ireland
joanne@sportsfitnessacademy.ie
Last Edited on 2017-10-18