Terms and Conditions
1. Information about us
1.1 The Website is a site operated by us. We are registered in England under company number 12141897 and with our registered office at Jactin House, Manchester, M4 6WX.
1.2 All of our Courses are recognised by the CIMSPA and the Register of Exercise Professionals and are certified through 1st4sport, Focus Awards and/or Active IQ
1.3 All of our tutors are fully qualified teachers, trainers and/or assessors.
2. Your status
By making an Application over the phone, by email or through the website, you warrant that:
2.1 You are legally capable of entering into binding contracts; and
2.2 You are at least 18 years old.
“Confidential Information” means information in written, graphic, recorded, machine readable or other form concerning our business, clients, suppliers, finances and other areas of our business or products or services, including, without limitation, the Course Materials, but does not include information in the public domain other than through the default of the party disclosing the information, information required to be disclosed by any court or regulatory authority, or any information already in the possession or control of the disclosing party.
“Course Materials” means the information provided by Vector Training to accompany a course provided as part of the Services whether in hard copy, electronic form or digital form.
“Fees” means the fees paid by you to Vector Training for the Services.
“Intellectual Property Rights” means copyright, rights in or relating to databases, patent rights, performers’ rights, designs and registered designs, goodwill, trademarks, rights in or relating to Confidential Information and all our other intellectual property rights (registered or unregistered) throughout the world.
“Services” means the provision of training courses via online modules and/or classroom activities and/or the use of Course Materials, together with such other services as shall be agreed from time to time.
“Website” means www.vtraining.co.uk
“you” means the individual purchasing the Services.
3. The Services
3.1. We will provide the Services with reasonable skill and care in accordance with the course description set out.
3.2. We will use all reasonable endeavours to meet any performance dates agreed with you, but any such dates are estimates only and failure to perform the Services by such dates will not give you the right to terminate the Contract. For the avoidance of any doubt, time shall not be of the essence for the purposes of our carrying out the Services pursuant to this contract.
3.3. We reserve the right in our absolute discretion to vary or withdraw any of the Services without notice, whether to make improvements to the same or otherwise.
3.4. We expect you to satisfy yourself that the Services you are purchasing will meet your needs. We do not make any guarantee to you that you will obtain a particular result, or employment opportunity from your purchase and completion of any of the Services.
3.5. All courses and qualifications must be carried out in English. We will use reasonable endeavours to provide reasonable assistance with accessing the course if required but cannot provide interpreters.
4. Ordering Services
4.1 When you place an order for Services you are offering to purchase the Services on these terms and conditions. Vector Training reserves the right to cancel or decline your order or any part of your order at any time until it has been confirmed in accordance with clauses 3.2 below.
4.2. Following receipt by us of your order for Services we will contact you confirming receipt of your order. A legally binding agreement between us and you shall come into existence when we have received both of the following and issued confirmation of acceptance:-
(a) a validly completed enrolment form; and
(b) payment of all the relevant Fees from you (or acceptance of a valid payment plan as the case may be).
(c) Copy of identification
(d) Pre-requisite qualifications if required
4.3 When completing the enrolment form please ensure you do so accurately and clearly, so that we can process your order efficiently. Please check the order carefully before confirming it. You are responsible for ensuring that your order is complete and accurate. Your order must be made on our official enrolment form or via our enrolment team at our Head Office.
4.4 We reserve the right to withdraw any aspect of our Services, including any course, assessment or module or aspect thereof. We will write to inform you as soon as reasonably possible where any aspect of the Services you have ordered is no longer available. If you have already paid for the Services, we will refund to you the full amount you have paid to us (or a proportionate part thereof, as applicable).
4.5. Where your order consists of multiple courses, once we have a legally binding contract in place, you shall be liable for all courses forming part of that order.
4.6. We are not responsible for booking any examination with any professional body or examination board unless expressly agreed by us.
4.7 The name you state on your enrolment form will be the default name issued on the relevant certificate following successful completion of the course you have ordered. Please email firstname.lastname@example.org with any changes to your address or name in writing so we can accurately administer your certificates and Course Materials. Please note that you are responsible for updating us with any changes to your personal information. Any amendments you require to your course completion certificate (‘Certificate’) shall incur an administration fee of £30. If you have not informed our accounts department of a change of address and the Certificate is sent to an old address, or if your Certificate is lost or damaged and you request a replacement, we will charge a £30 administration fee to send a further Certificate.
4.8 If you consider that you have any pre-requisite qualifications to enable you to skip any modules or courses, you must provide proof of them at the time of enrolment for verification by us. If we deem any of your qualifications to be invalid or that they do not fully comply with what is agreed upon enrolment, you may either: - (i) purchase the course or modules required to achieve such qualifications from us, which will be charged at our published rates at the time that you enrolled (ii) or, you may terminate the Contract and at our discretion you may be issued with a pro-rata refund based upon the amount of the Services you have not utilised. Failure to achieve such qualifications will result in us being unable to provide the relevant Certificates in respect of the Services you have ordered from us.
5. Cancellation and Variation etc
5.1. Subject to clause 5.2 below, where we have accepted / confirmed the Services being purchased by you and formed a legally binding agreement with you in accordance with clause 4.2 above, then you are permitted within 14 days starting on the day after the date we have issued confirmation of acceptance in accordance with clause 4.2, to cancel your purchase of the Services.
5.2. To apply to cancel this contract, please notify us in writing via email to email@example.com or post to the addresses as provided in the Notices clause below. Please include details of your order to help us to identify it. We will email you to confirm we have received your cancellation. Your cancellation will be effective from when we have notified you that we have received such notice of cancellation. Please note that any refund due to you may be subject to any permitted deductions and you will have to pay the costs of return of any Course Materials (where applicable).
5.3. If you have already accessed, attended or downloaded all or part of the Services within the 14 days as set out at clause 5.1 then you shall have no right to cancel your order.
5.4. Notwithstanding clause 5.1 there is no other right to cancel or vary your purchase of Services (whether as a result of injury, whether sustained on the course or outside of it, or illness or otherwise) and any other cancellation and / or variation of course dates will be at our absolute discretion.
5.5. All refunds will be credited to the same card or bank account you used to pay for the Services. Refunds will be issued as soon as reasonably practicable following acknowledgment of cancellation.
5.6. Orders for combination packages (for example, level 2 gym instructing and level 3 personal training courses) will be treated as a single course for the purposes of this Contract. Refunds will therefore not be given for course downgrades. For example, if you were to downgrade a combination package to a Certificate in Gym Instruction Booking you will still be liable for the full combination package fee.
5.7. Non-attendance of any CPD course unless cancellation is made at least 48 hours prior to the same taking place via our bookings department in writing will result in that course module being forfeited. Non-attendance of any training or assessment days will incur a £25 charge to re-book, unless cancellation is made at least 48 hours prior to the same taking place via our bookings team in writing. The relevant email for this purpose is firstname.lastname@example.org.
5.8. Subject to clause 5.9, we operate a free, unlimited re-sit policy, however if you fail to attend any assessments booked without previously notifying us in accordance with clause 5.7 you will automatically forfeit your right to free re-sits and will be liable to pay us a fee of £25 for every subsequent re-sit.
5.9. All course levels have 24 months to complete from the point of sitting the first assessment. If you fail to pass the relevant course within this time frame you will need to pay us a re-registration charge of £350 for that particular level should you wish to continue with that particular course.
6. Fees and Payment Arrangements etc
6.1. The Fees for the Services shall be as stated at the time you place an order for them (or as otherwise agreed).
6.2. If you wish to change the scope of the Services after we accept, and we agree to such change, we will modify the Fees accordingly.
6.3. Unless otherwise specified at the time you purchase the Services, the Fees are inclusive of VAT but exclusive of any relevant third-party costs (where applicable). If applicable, any such costs will be made clear to you prior to you finalising the purchase of the Services.
6.4. Unless a payment plan is utilised, Fees must be paid in full prior to you attending any course or taking part in any other Services and such Fees shall be debited from your credit / debit card at the time of purchase.
6.6 Where we have agreed that you may pay via an in-house payment plan (i.e. payment by direct debit instalments arranged directly with us) (‘In-House Payment Plan’), we will take your first payment upon acceptance of your order and will take subsequent payments monthly in advance by direct debit. We require a minimum of 5 working days’ advance notice to make any changes to such direct debits in order to give the relevant bank due notice. If due notice is not provided, the bank will proceed in accordance with the original mandate in respect of any such payments.
6.7 Where we have agreed an In-House Payment Plan with you and you are not up-to-date with your payment, then without prejudice to any other rights are remedies we may have pursuant to the contract, we may at our discretion elect to apply any or all of the following sanctions until all outstanding Fees are paid in full:-
(i) refuse to mark your coursework;
(ii) deny you access to examinations or not process the results; and
(iii) block or limit your access to Course Materials
6.8 Where you are on an In-House Payment Plan, provided that you are up-to-date with all your payments, you are permitted to take up to a maximum of two payment holidays, each holiday being not less than one calendar month in length. You must give us no less than 10 working days written notice before taking any such payment holiday by emailing email@example.com. We will not impose any of the sanctions as set down in clause 6.7 whilst you are on a valid payment holiday.
6.10. Any fees charged by your debit or credit card provider in connection with your purchase of Services are for your own account and Vector Training shall not be responsible for these.
6.11. You shall be responsible for all costs you incur in connection with your attendance at any of our courses, including all travel, visa, subsistence and any overnight accommodation etc.
6.12. We take all reasonable care to ensure that the prices stated for the Services as advertised are correct; however on rare occasions it is possible that, despite our best efforts, some of the Services may be priced incorrectly. In those cases, the provisions of clause 6.13 apply.
6.13. Where the correct price for the Services is less than the price as stated, we will charge the lower amount. Where the correct price for the Services is higher than the price stated, we will contact you as soon as possible to inform you of this error and we will give you the option of continuing to purchase the Services at the correct price or cancelling your order. If we are unable to contact you using the contact details you provided during the order process, we will treat the order as cancelled and notify you in writing. However, if we mistakenly accept and process your order whereby a pricing error is obvious and unmistakeable and could reasonably have been recognised by you as a mispricing, we may (acting reasonably) cancel supply of the Services and refund you any sums you have paid.
6.14. For the avoidance of any doubt, regardless of how your Fees are paid, it is your responsibility to ensure that all payments that are due to us are paid promptly at all times. We shall be entitled to charge interest on late payments at the relevant default interest rate to be applied from time to time. Where it proves necessary to commence legal proceedings and / or instruct debt recovery and civil enforcement agents to collect outstanding debts, we shall be entitled to recover all associated court fees, legal and other costs and expenses of such recovery in addition to the debt and interest. The current fees payable to our debt recovery and civil enforcement agents represent 20% of debt which shall be deductible.
7. Legal rights
7.1 As a consumer you have certain legal rights with respect to the purchase of the Services under the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013 and the Consumer Rights Act 2015. For details of your legal rights and guidance on exercising them it is recommended that you contact your local Citizens Advice Bureau or Trading Standards Office
8. Course venue and dates
8.1 Vector Training reserves the right to change Course venues and dates. This is usually done to ensure that the high standard of training associated with Vector Training is maintained. In the event of a venue change, we will use all reasonable endeavours to minimise disruptions to your learning and will inform you in writing or by telephone.
8.2 Wherever possible Vector Training endeavour to re-arrange a Course as soon as possible. Any Course fees payable by you will be transferred to the new Course. If we have to postpone a Course on more than one occasion, then we will offer to refund to you the Course fees you have paid.
9. Events outside our control
9.1 We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under these Terms that is caused by events outside our reasonable control (“Force Majeure Event”).
9.2 A Force Majeure Event includes any act, event, non-occurrence, omission or accident beyond our reasonable control and includes in particular (without limitation), the following:
a) Deleted numbers strikes, lock-outs, or other industrial action; or civil commotions, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war; or
b) Fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster; or
c) Impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport; or
d) Impossibility of the use of public or private telecommunications networks.
9.3 Our obligations to you are suspended for the period that the Force Majeure Event continues, and we will have an extension of time to perform these obligations for the duration of that period. We will take reasonable steps to bring the Force Majeure Event to a close or to find a solution by which our obligations under these terms and conditions can be performed despite the Force Majeure Event.
It is your responsibility to ensure that:
- You provide us with all relevant information that we request from you in order to provide the Services and that it is complete and accurate in all material respects;
- You co-operate with us in all matters relating to the Services;
- You comply with all applicable laws, including health and safety laws when attending our premises and our venues; and
- You keep all of our materials, equipment, documents and other property in safe custody at your own risk, maintain the same in good condition until returned to us, and not dispose of or use the same other than for the purposes of completing the relevant course you have ordered from us.
- If our ability to perform the Services is prevented or delayed by any failure by you to fulfil any obligation listed in clause 1:
(a) We will be entitled to suspend performance of the Services until remedied and to terminate the contract under the termination clause where we consider it appropriate to do so;
(b) We will not be responsible for any costs or losses you sustain or incur arising directly or indirectly from our failure or delay to perform the Services; and
(c) It will be your responsibility to reimburse us on written demand for any costs or losses we sustain or incur arising directly or indirectly from your breach.
10.1. Neither Vector Training nor our trainers accept any liability for (i) any loss or corruption of data resulting from using our online services or any other IT issues resulting therefrom, (ii) any costs, fees or expenses arising directly or indirectly from your taking part in the Services (iii) any loss of profit, revenue or goodwill, or (iv) any indirect, special or consequential losses, costs or expenses arising from any breach of the terms of this Agreement.
10.2. Except to the extent that they are expressly set out in these terms and conditions, all other conditions and warranties are excluded to the fullest extent permitted by law.
10.3. Subject to clause 8.4 below, and notwithstanding anything to the contrary contained or referred to herein, Vector Training’s total liability to you arising from or in connection with the Services (and whether the liability arises as a result of breach of contract, negligence or otherwise) shall be limited to the Fees received by us in connection with the relevant Services.
10.4. Nothing in this Agreement shall exclude or limit Vector Training’s liability for (i) death or personal injury caused by negligence, (ii) fraudulent misrepresentation or (iii) any other matter which under English law may not be limited or excluded.
10.5. No claim may be brought more than six months after the last date on which the Services concerned have finished or ceased to be provided by us.
11. Intellectual Property
11.1. All Intellectual Property Rights in the Services, Course Materials and the speeches made and content delivered by the trainers and mentors are, and remain, the intellectual property of Vector Training or its licensors, whether adapted, written for or customised for you or otherwise.
11.2. You are not authorised to:-
(i) copy, modify, reproduce, re-publish, sub-licence, sell, upload, broadcast, post, transmit or distribute any of the Course Materials without our prior written permission;
(ii) record on video or audio tape, relay by videophone or other means any aspect of the Services;
(iii) use the Course Materials in the provision of any other course or training whether given by us or any third party trainer;
(iv) remove any copyright or other notice of Vector Training on the Course Materials; or
(v) modify, adapt, merge, translate, disassemble, decompile, reverse engineer any software forming part of the Services.
Without limiting any other rights or remedies we may have, any breach by you of this clause 9.2 shall allow us to immediately terminate these terms and conditions with you and cease to provide you with any Services.
11.3. In consideration of the Fees paid by you, we grant to you a limited, non-transferable, non-exclusive licence to use the Course Materials and any relevant software for the sole purpose of you accessing the Services you have purchased and not further or otherwise.
12.1. Each party shall keep the other party’s Confidential Information strictly confidential and not use it otherwise than for the purposes of these terms and conditions, and shall return it on demand and not retain copies of it.
12.2. Either party may disclose Confidential Information to its legal and other advisors for the purposes of obtaining advice from them.
12.3. This clause shall continue notwithstanding termination of these terms and conditions.
13.1. We shall be entitled to terminate these terms and conditions and cease to provide you with any Services with immediate effect and without any refund whatsoever in the event that you:
- fail to pay your Fees when due;
- act in an aggressive, bullying, offensive, threatening or harassing manner towards any employee of Vector Training, or any trainer who provides any of our courses or any fellow student;
- cheat or plagiarise any work which you are required to prepare or submit in connection with the Services or during any examination taken in connection with the Services;
- steal or act in fraudulent or deceitful manner towards us or our employees or any other students who may be on our premises or attending one of our courses;
- intentionally or recklessly damage our property or the property of our employees or other students attending our premises or one of our courses;
- are intoxicated through alcohol or illegal drugs while on our premises or one of our courses;
- commit any criminal offence committed on our premises or where the victim is our employee or student;
- act in any other way which may be reasonably considered as poor behaviour or contrary to the interests of Vector Training or its other students or reputation; or
- are otherwise in breach of these terms and conditions.
13.2. We have a zero tolerance policy to any form of abuse towards our staff or mentors by you or any authorised representative appointed by you (which may include your parents, guardian, partner, spouse, friend etc.) If you or your authorised representative is accused of abusive behaviour to our staff or mentors we may immediately suspend you from the course whilst we investigate the matter. If we subsequently find you guilty of such behaviour, acting reasonably, we may permanently remove you from the course, terminate this contract and you will forfeit any and all sums you have paid to us up until that date. We further reserve the right to take further legal action against you where we deem it appropriate.
13.3. On termination clause 8 (liability), 9 (intellectual property rights), and 10 (confidentiality) shall continue notwithstanding such termination.
14. Information and data
14.1 Any personal information or data supplied by you in your Application (as defined by the EU General Data Protection Regulation (GDPR) 2016/679) will only be used to fulfil our obligations under the terms of this Agreement. We will ensure that we are fully compliant with the provisions of the GDPR.
14.2 In fulfilment of our obligations under the GDPR we will have such systems in place to ensure:
a) Full compliance with the GDPR
b) Compliance with the 6 Privacy Principles of the GDPR
c) Compliance with the 8 Rights that you have under the requirements of the GDPR
d) The reliability of all our employees and sub-contractors who may be involved in processing personal information and data
14.3 Any information and data provided by you in your Application or throughout the delivery of the Services shall be stored within our information systems. By making an Application you consent to this information and data being stored.
14.4 We will take all reasonable precautions to preserve the security and integrity of any information or data you supply to us to prevent any corruption, loss, damage, destruction or breach.
14.5 As is our duty as a Data Controller, we will take all reasonable steps to ensure that all of our agents, partners, and awarding bodies (herein referred to as “Data Processors”) comply fully with all of the provisions set out above whenever they are required to process your information and data as part of this Agreement. All of our Data Processors are required to sign a written contract outlining their responsibilities and liabilities before they are permitted to process your information and data.
14.6 For more information on our data protection provisions, including the details of our Data Protection Officer, please email firstname.lastname@example.org