These terms and conditions were last updated on: 10/07/2019
ORIGYM CENTRE OF EXCELLENCE LIMITED
Terms and Conditions
These terms and conditions apply to Services provided by Origym Centre of Excellence Limited (company number 09599908) of 2a Queens Insurance Building, 24 Queens Avenue, Liverpool, England, L2 4TZ (“Origym” or “we” or “us”).
You may contact us by email at email@example.com or by telephone on 0800 002 9599 or in writing to the above address.
These terms and conditions apply to all Services we provide. Please read these terms and conditions carefully before purchasing. If there is any conflict between these terms and conditions and any specific terms which might apply to a specific course then the course specific terms shall apply. If you do not agree to these terms and conditions you must cease to continue to purchase any Services from us. Purchasing any of our Services will be deemed as conclusive acceptance of these terms and conditions.
“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 Origym 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 Origym 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 personal 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.origympersonaltrainercourses.co.uk
“you” means the individual purchasing the Services.
2.1. We will provide the Services with reasonable skill and care in accordance with the course description set out.
2.2. 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.
2.3. 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.
2.4. 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.
2.5. 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.
3.1 When you place an order for Services you are offering to purchase the Services on these terms and conditions. Origym 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.
3.2. 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
3.3 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.
3.4 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).
3.5. 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.
3.6. We are not responsible for booking any examination with any professional body or examination board unless expressly agreed by us.
3.7 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.
3.8 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.
3.9 Please note that all modular bookings within all of our courses are subject to availability, and are provided on a first come, first served basis.
3.10 If you wish to change your chosen type of learning method (such as upgrade from e-learning to part-time learning, or to a full-time course) we may require you to complete a new enrolment form and amended your payment plan if you are on a payment scheme. You will not be required to re-send a copy of your identification or a recent facial photograph during this process. You will not be permitted to downgrade from part-time learning to E-learning or from a full-time course to any other learning method.
3.11 All modular bookings within the gym instructing, personal training or advanced personal training diploma courses, either via the part-time learning or online courses, must be made via our student zone. Only once you have received confirmation from our Head Office bookings team will you be eligible to attend.
3.12 CPD courses must be booked via our student zone and not over the phone, via email or in person - this ensures you will have a record of your booking requests. All CPD courses must be attended during the times stated on your confirmation email, and failure to attend the full course will result in you not being awarded the relevant Certificate.
3.13 If you wish to add three or less CPD courses you will NOT be required to submit another enrolment form. Confirmation of your successful booking will be given by email from our Head Office once we have received confirmation of payment. Such confirmatory email will contain the relevant details of the course(s) you have added. Payments for three CPDs or less have to be paid in full in advance.
Cancellation and Variation etc
4.1. Subject to clause 4.2 below, where we have accepted / confirmed the Services being purchased by you and formed a legally binding agreement with you in accordance with clause 3.2 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 3.2, to cancel your purchase of the Services.
4.2. 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).
4.3. If you have already accessed, attended or downloaded all or part of the Services within the 14 days as set out at clause 4.1 then you shall have no right to cancel your order.
4.4. Notwithstanding clause 4.1 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.
4.5. 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.
4.6. 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.
4.7. 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.
4.8. Subject to clause 4.9, 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 4.7 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.
4.9. 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 £495 for that particular level should you wish to continue with that particular course.
4.10 If you have enrolled onto a full time course and fail to turn up to the required course attendance dates, you will forfeit the full course fee as you have thus prevented another student from taking that placement and infringed costs onto OriGym.
Fees and Payment Arrangements etc
5.1. The Fees for the Services shall be as stated at the time you place an order for them (or as otherwise agreed).
5.2. 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.
5.3. 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.
5.4. 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.
5.5 Where you purchase our Services under a payment plan with a third party finance provider (including with Duologi and Deko or other third party finance provider), full details of the finance arrangements will be provided to you relating to such plan and you will remain directly liable to such provider for all payments agreed pursuant to such third party agreement.
5.6 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.
5.7 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 your online account and Course Materials
5.8 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 three 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 5.7 whilst you are on a valid payment holiday.
5.9. We do not charge interest on our In-House Payment Plans provided that your payments are always paid as and when they fall due and your account is otherwise clear. You are permitted to make payment through Worldpay or Go Cardless. If you miss a payment when it falls due we may attempt to take the payment from you by processing it through whichever medium you have set up on your account. We may make such payment attempts up to 30 days after the payment has fallen due. In the event that such attempts do not succeed during that period, we will notify you by email and request that you bring your account up-to-date. If you do not pay the full amount outstanding within 5 working days of such notice then we shall be entitled to charge interest on the late payment at the relevant default interest rate to be applied from time to time. We will notify you of any such default interest being applied.
5.10. Any fees charged by your debit or credit card provider in connection with your purchase of Services are for your own account and OriGym shall not be responsible for these.
5.11. 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.
5.12. 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 5.13 apply.
5.13. 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.
5.14. 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.
(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.
Course Aspects, Assessment Days and Mentors etc
7.1 We reserve the right to modify, suspend, remove or disable access to any part of the Services including practical days, training, qualifications, examination or assessment structure or the Course Materials, where we deem it appropriate at our entire discretion and without prior notice to you. In these circumstances, we shall not be held liable in way for any costs/losses incurred by you in those circumstances, including but not limited to travel and accommodation costs, whether advance notice is provided or not.
7.2 We reserve the right to change the relevant awarding organisation without prior notice to you provided that the awarding organisation as substituted is regulated by OFQUAL, and recognised by REPs (Register of Exercise professionals) and CIMSPA (Chartered Institute for the Management of Sport and Physical Activity).
7.3 If you are a flexible learning student and your allocated mentor departs mid-course we will re-allocate a new mentor to you. We will try where possible to ensure such mentor is located within a 20-mile radius of where the previous mentor was located. If a new mentor is not available to be re-assigned to you, whether due to location or time constraints, we may temporarily convert your course to a home study course until a suitable new mentor becomes available.
7.4. In the circumstances set out at clause 7.3, in the event a new mentor is not assigned to you within 60 days, you or we may terminate this contract and we will give you a refund for a proportionate amount representing the balance of the course that remains untaken. On such termination, you shall return all our Course Materials to us upon request in the original format it was distributed. We will reimburse reasonable postage costs. If the Course Materials are returned damaged or have been lost we reserve the right to apply a reasonable charge to cover the cost of replacing any such Course Materials.
8.1. Neither Origym 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.
8.2. 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.
8.3. Subject to clause 8.4 below, and notwithstanding anything to the contrary contained or referred to herein, Origym’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.
8.4. Nothing in this Agreement shall exclude or limit Origym’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.
8.5. 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.
9.1. 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 Origym or its licensors, whether adapted, written for or customised for you or otherwise.
9.2. 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 Origym 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.
9.3. 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.
10.1. 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.
10.2. Either party may disclose Confidential Information to its legal and other advisors for the purposes of obtaining advice from them.
10.3. This clause shall continue notwithstanding termination of these terms and conditions.
11.1. 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:
11.2. 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.
11.3. On termination clause 8 (liability), 9 (intellectual property rights), and 10 (confidentiality) shall continue notwithstanding such termination.
Assignment / Transfer
12.1. Save where we exercise our discretion pursuant to the clause below, any Services provided by us pursuant to this agreement are personal to you and cannot be transferred or assigned to any other person.
12.2. If you wish us to transfer your course over to another individual a transfer administration fee of £50 per level shall be payable to us if we agree to such transfer. There shall be no obligation on us to agree to such transfer. This fee may be paid by you or the person to whom the course is being transferred. You will remain liable to pay our fees for the transferred course in the event of the person to whom it has been transferred fails to pay the same to us when due. Transfers of a course will only be considered where all payments due from you to us are up-to-date and the transfer request is placed in writing to our customer accounts department to the email or postal address details in the Notice clause. The student taking over the transferred course may commence the course as soon as the transfer enrolment form is accepted and successfully processed by our customer accounts department. We will notify you and the student taking over the course once we have accepted the transfer. Students who have had courses transferred to them will not be eligible to cancel the course or obtain any refunds.
12.3 Under no circumstances are you permitted to redistribute or resell any element of the Services or to transfer your access code, username, or password to any third party.
12.3 We shall be entitled to assign this agreement without prior notice to you.
These terms and conditions, together with any document attached to or referred to herein, represent the entire agreement between the parties and supersede any prior agreements and arrangements, whether written or oral. You confirm that you have not relied on any representations in entering into these and any other terms and conditions with us.
We shall not be liable to you for any breach of its obligations or termination under these terms and conditions arising from causes beyond its reasonable control, including, but not limited to, fires, floods, earthquakes, volcanoes and other Acts of God, terrorism, strikes, delay caused by transport disputes, Government edict or regulation, or any failure to provide a course caused by personal tragedy to any trainer or a member of their family or illness.
15.1 The nature of the Services provided by us means that we will obtain, use and disclose (together "Use") certain information about you ("Data"). This statement sets out the principles governing our Use of Data. By purchasing the Services you agree to this Use.
15.2 When you register with us you will need to provide certain Data such as your contact details and demographic information. We will store this Data and use it to contact you, provide you with details of the Services you have purchased and otherwise as required during the normal provision of the course.
15.3 We may also use the above Data, and similar Data you provide us in response to surveys, to aggregate user profiles and, to provide you with communications (unless you opt out).
15.4 To enable us to monitor and improve our Services, we may gather certain aggregated information about you, including details of your operating system, browser version, domain name and IP address, the URL you came from and go to and the parts of the Website you visit.
15.5. We use information such as your User ID, session identifiers and password to enable us to identify whether you are using our Services, assist with the provision of Services and to ensure that you have access to all relevant aspects of the Services. We will only read cookies from your cookie file placed there through your web browser's interaction with the Website.
15.6. Our products may link to third party websites and we are not responsible for their data policies or procedures or their content.
15.7. Origym endeavours to take all reasonable steps to protect your personal Data including the use of encryption technology, but cannot guarantee the security of any Data you disclose. You accept the inherent security implications of being and transacting online over the internet and will not hold us responsible for any breach of security.
15.8. Origym may supplement the information that you provide with information we receive from third parties, such as exam registration bodies or your employer.
15.9. If you wish to change or update the data we hold about you, please e-mail firstname.lastname@example.org or contact us on 0800 002 9599.
15.10. We confirm we will comply with all relevant Data Protection legislation in handling your data.
You must not attempt to procure services that are competitive with the Services from any of our directors, employees or consultants, whether as an employee or on a freelance basis, during the period that we are providing the Services to you and for a period of six months following termination of this contract.
Law and Jurisdiction
This Agreement is subject to English law and the parties submit to the exclusive jurisdiction of the English courts in connection with any dispute hereunder.
Variation to Terms & Conditions
We shall be entitled to vary these terms and conditions at our discretion and without prior notice to you.
19.1. You can contact us by any of the following methods:
Post: Origym Centre of Excellence Limited, 2a Queens Insurance Building, 24 Queens Avenue, Liverpool, England, L2 4TZ
Telephone: 0800 002 9599
19.2 A notice or other communication is deemed to have been received: