1.1 Client/Student/Athlete/You/Your:: The person intending to enrol or attending Sport981 for a Course.
1.2 Course: A Course of study, programme of research, conference, physical preparation and conditioning, mentoring or consultation.
1.3 Course duration: The duration of the Course, the dates of which shall be notified to the student by Sport981.
1.4 Fees: The tuition, accommodation, certification and all other expenses relating to the Course, payable by the Student to Sport981.
1.5 Sport981: Sport981 Ltd, 34a Musters Road, Westbridgford, Nottingham, NG2 7PL
1.6 Online Payment Process: The process of enrolling and paying for a Course online through this website.
1.7 Terms and Conditions: Terms and conditions (the “Terms”) and any credit approval application (“Credit Application”) are the basis of the contract (the “Contract”) between Sport981 Limited (“Sport981″/”us”/”we”/”our”) and Client/Student/Athlete/You.
2. APPLICATION OF THESE TERMS
2.1 These Terms (together with the Registration Confirmation) and any documentation referred to in them set out the entire agreement between Sport981 and You. Please print a copy of these Terms or save them to Your computer for future reference.
2.2 We have the right to revise and amend these Terms from time to time. You will be subject to our Terms (including policies and procedures) in force at the time that You enrol on a Course with us, unless any change to those policies or these Terms is required by law or government or regulatory authority in which case the same will apply to Courses You have enrolled on or started.
2.3 If any provision of the Contract becomes void or otherwise unenforceable in whole or in part, the validity of the remainder of the Contract shall not be affected.
2.4 If the Company fails to enforce, or delays in enforcing, its rights or remedies under the Contract, such failure or delay shall not operate as a waiver of that right or remedy and shall not prevent the Company from exercising that right or remedy in the future
2.5 Payment of the requisite fee (as detailed below) is an offer by You to enter into a binding contract with us, which we are free to accept or decline at our absolute discretion.
2.6 If You do not provide us with the requisite information, or You provide us with incomplete, incorrect or inaccurate information or instructions, we may make an additional administration charge of a reasonable sum to cover any extra work that is required or choose to cancel this Contract.
3. APPLICATION, ENROLMENT AND PAYMENT
3.1 After booking a place, You will receive an e-mail or letter from us acknowledging that we have received and accepted Your booking. The contract between us will only be formed when You receive that acknowledgement.
3.2 In the case of Courses that require applications rather than registrations, the payment of any sums intended to be in respect of Fees by or on behalf of You does not in itself indicate the existence of a contract between Sport981 and You. In that case the contract shall only come into being when Sport981 has issued notification of acceptance of Your place upon a Course.
3.3 Payment of fees by a person or organisation on behalf of You does not constitute a contract for the provision of a Course between such person or organisation and Sport981.
3.4 Bookings can only be accepted with payment of the deposit, although please note that some Courses require payment of the full fee..
3.5 The balance of Course fees (i.e. the total fee(s) less any deposit previously paid) is due no later than 28 days before the Course starts. If the balance is not paid by this date, we reserve the right to suspend access to online accounts and/or treat the Course as being cancelled and offer the place to another student.
3.6 If Your Course requires You to have a particular qualification, You must provide proof of that qualification when enrolling.
3.7 All Course bookings are subject to availability. We reserve the right to keep a modular booking on hold (e.g. instructor development programme, until the start date of the relevant Course). If You have a question regarding this issue please contact Sport981 customer services.
3.8 You must accept the End User Licence Agreement on first use of any PC DVDROM products supplied to You as part of Your Course.
3.9 If You are unavailable when Course materials are delivered to the address provided by You and they are not collected from the local depot an additional distribution fee may be charged if we are required to take receipt of, collect and/ or redeliver the materials.
3.10 Our stated Course fees include any delivery charges we incur to send Course materials to a UK mainland address other than as stated in these Terms. Please note if Your Course materials have to be delivered to a non UK address, You accept liability for the delivery charge we will incur. Please contact our Customer Service Team to check the delivery charge for the said Course materials.
3.11 Please print Your name clearly on the application form. Your name will appear as detailed on the form on Your certificate. A fee of £25 will be charged should You wish to amend and re-print Your certificate.
4. VALUE ADDED TAX AND OTHER CHARGES
4.1 Course Fees (and any other associated costs) are quoted inclusive of VAT. Invoices will be emailed to You and show VAT separately.
4.2 All payments must be made in GB Pounds Sterling. Any currency conversion costs or other charges incurred in making the payment or in processing a refund shall be borne by You or the third party making payment, and shall not be deductible from the Fees due to Sport981.
4.3 If payment is made via a credit card, a non-refundable 2.5% fee will be added at the payment
stage. The amount is not capped and there is no minimum charge. Fees will not be charged for payment via debit cards, direct bank transfer, bankers draft or cheques.
5. NON – EU DELEGATES
5.1 Sport981 welcomes delegates from overseas but if You are a resident outside the European Union (EU) You should ensure that You have a valid visa and can comply with all immigration requirements before booking a Sport981 Course.
5.2 Please note that Sport981 Courses may not qualify You for a student visa or for entry to the UK or other EU countries. Visa information is given on www.ukvisas.gov.uk. If You wish to apply for entry to the UK You should contact Your nearest British embassy that offers a visa service. A full list of UK Overseas Missions is given on www.fco.gov.uk.
5.3 Sport981 cannot process bookings from outside the EU without full payment in advance. Once payment has been made, cancellation fees are payable in accordance with our Terms and conditions. If You do not have a visa before applying and You are unable to obtain one, cancellation fees will be levied.
5.4 Any travel costs or any other expenses whatsoever incurred are entirely the delegate’s responsibility.
5.5 Unless otherwise indicated, all Courses are taught in English.
6. LATE PAYMENTS
6.1 Where payments are made by agreed instalments and those instalments have not been paid on the due date, we reserve the right to withhold the release of examination results and/or delay the marking of Course work until outstanding sums are paid. We reserve the right to suspend access to online accounts and/or treat the Course as being cancelled and offer the place to another student. No refund of any Course fees paid by You will be made. We also reserve the right to charge interest on late payments at a rate of 4% above the base rate from time to time of HSBC Bank (or other UK clearing bank) as may be notified to You accruing on a daily basis until payment is made. If You are a business, we additionally reserve the right to claim interest under the Late Payment of Commercial Debts (Interest) Act 1998.
7. EXAMINATION FEES AND RE-SITS
7.1. Course and examination fees are payable whether or not You pass a particular examination. Refunds will not be given to delegates who fail examinations.
7.2 You will be given the option to re-sit examinations at the next available opportunity as long as there are spaces available to re-sit that examination.
7.3 Additional examinations may incur an extra examination fee which will be charged at the normal rate for that examination. If You have a question regarding this issue please contact Sport981 customer services.
8. EXAM RESULTS
8.1. Where exams are not under the influence of awarding bodies we aim to distribute certificates within 14 days maximum.
8.2 Where examination results are carried out by an awarding body, there may be a delay in receiving the examination result especially in the case of written papers. The following is a guideline of the maximum time it should take to receive results:
- PC based exams – immediate (provisional result)
- All written exams and portfolios – 12 Weeks
9. CHANGES AND CANCELLATIONS BY YOU
9.1 If You are a consumer and make a booking via our website or by telephone , under the Consumer Contracts (Distance Selling) Regulations You have a cancellation cooling off period where You can cancel Your Course. Advice about Your legal right to cancel the Contract under these regulations is available from Your local Citizens’ Advice Bureau or Trading Standards office
9.2 You have the right to cancel any contract for the provision of a place on a Course at any time within fourteen (14) calendar days, beginning on the day You have received the acknowledgement email or letter.
9.3 If You exercise Your legal right to cancel under the Consumer Contracts (Distance Selling) Regulations, pending return of any materials in an unused non damaged state , You will receive a full refund of the price You paid when booking and any applicable delivery charges You paid for . The cost of returning any material must be covered by You.
9.4 If Your Course is due to start within fourteen (14) calendar days beginning on the day You have received the acknowledgement email or letter, Your legal right to cancel under the Consumer Contracts (Distance Selling) Regulations will not apply
9.5 Other rights of Cancellation.
9.5.1 All requests for cancellations and/or transfers must be received in writing by email, marked for the attention of the customer care team.
9.5.2 Changes will become effective on the date of written confirmation being received.
9.5.3 The appropriate cancellation charge will apply based on the cost of Your booking, as shown below.
|Calendar days notice before the start date of the Course||Cancellation Charge|
|29 calendar days or more||30% of Course fee, minus deposit|
|Between 15 and 28 calendar days (inclusive)||60% of Course fees, minus deposit|
|Between 1 and 14 calendar days (inclusive)||100% of Course fee, No refund will be given|
|Failure to attend (Treated as late cancellation)||100% of Course fee. No refund given|
9.5.4 In the event that You cannot attend, we will accept substitution of another delegate on the condition that written notification of the substitution has been received by us prior to the Course date, the nominated candidate fulfils pre-requisite requirements if applicable and an administration fee of £36.00 inc vat has been paid.
9.5.5 If You are unable to attend, and cannot or do not wish to transfer Your place to another candidate, You may wish to transfer Your place to another Sport981 Course. Provided Your request is received by us within the timeframe specified, then transfer fees, which are amounts based on Your original Course booking, are chargeable as specified below.
Calendar days notice before the start date of the Course
|Fee to transfer to a new Course|
|29 calendar days or more||Deposit, plus transfer fee £36 inc Vat – Remaining monies will be transferred to the nominated Course|
|Between 15 and 28 calendar days (inclusive)||10% of original Course fee, plus deposit, plus transfer fee £36 inc Vat – Remaining monies will be transferred to the nominated Course|
|Between 1 and 14 calendar days (inclusive)||No transfer available. No refund given.|
|Failure to attend Treated as late cancellation||No transfer available. No refund given.|
9.6 Failure to attend or cancellation of an exam (all Courses) will be liable to a exam re-sit fee of £50.00.
9.7 Please note that any extension to all NASM certifications that go over their Course time limit will be liable to an administration fee, please call for further details
9.8 In cases where a refund is due, this will be returned to You (at our election) either by cheque or a direct refund on to the credit/debit card used as the original method of payment. Any fee owing will be deducted from the amount refunded. We will aim to make this payment within 28 days of Your notifying us of the cancellation.
9.9 We reserve the right to make additional charges on cancellation to cover costs incurred by us in respect of Course materials, online learning registrations and/or tutor time. You will be notified of any charges that may be applicable on cancellation.
9.10 Bookings for the Instructor Development programme(s) are for the programme as a whole and not for the individual modules or individual Terms and as such, will be treated as a single Course. Refunds will therefore not be given for Course downgrades. For example, attending only term one, a portion of the programme, or downgrades to Certificates in performance enhancement and corrective exercise will still be liable for the Full Instructor Development Programme fee.
10. CHANGES AND CANCELLATIONS BY US
10.1 Courses may have minimum required attendance levels and Sport981 reserves the right to cancel or postpone the Course if the minimum required number of Participants has not been accepted for the Course.
10.2 Sport981 also reserves the right to:
10.2.1 change or amend the Course structure or content;
10.2.2 change or amend the individuals responsible for organising or delivering the Course, including 10.2.3 the Course tutor (s), coaches, mentors, director; and
10.2.4 change the Course venue.
10.3 Sport981 will endeavour to inform You about cancellations and postponements to the Course with as much notice as possible.
10.4 If the Course is cancelled by Sport981, and are no longer able to provide Your Course, we will ask You to return any Course materials to us (at our expense) in the condition as originally delivered to You and refund to You any fees paid to date when we receive the materials as required.
10.5 If the Course is postponed we will make every effort to transfer Your booking to the next available Course at Your preferred venue. It should be noted that we will not be held liable for any costs/losses incurred as a result of any such changes.
10.6 We reserve the right to remove from any Course, students that fail to comply with its standard practices and procedures. We reserve the right to refuse enrolments and/or suggest alternative arrangements if we believe that it will not be in our best interests of other participants and/or the individual concerned to attend one of our Courses.
11. LIMITATION OF LIABILITY
11.1 Subject to clause 11.3, the liability of Sport981 to You with respect to the provision of the Course, the cancellation, postponement, or amendment or the Course, any negligence, any breach of the Contract, or arising in any other way out of the subject-matter of these Booking Terms and Conditions, will not extend to:
11.1.1 Any indirect losses or damages, or to any loss of profits, loss of contracts or opportunity, whether direct or indirect, even if Sport981 had been advised of the possibility of those losses or if they were within Sport981’s contemplation; or
11.1.2 any costs or expenses incurred by You or organisation in connection with travel, accommodation, reservations or other arrangements.
11.2 In any event, subject to clause 7.3, the liability of Sport981 to You with respect to the provision of the Course, the cancellation, postponement, or amendment or the Course, any negligence, any breach of the Contract, or arising in any other way out of the subject-matter of these Terms is limited to the amount of Course Fees received from or on behalf of You in respect of the Course.
11.3 Nothing in this Agreement will operate to limit or exclude the liability of Sport981 for death or personal injury arising from Sport981’s negligence, fraud or any other liability that, by law, cannot be limited or excluded.
11.4 Views expressed by Course faculty members are their own. Sport981 does not accept any liability for advice given or views expressed by Course faculty members or in any notes or documentation provided to You.
11.5 Unless otherwise indicated, all Courses are taught in English. The College does not accept any liability for any losses, costs or expenses incurred by or on behalf of You in connection with the Your lack of English language knowledge.
11.6 Sport981 accepts no liability for loss or damage to Your property and shall not provide any insurance cover whatsoever to You.
11.7 The warranties and undertakings given by Sport981 in these Terms and conditions are, to the extent permitted by law, given in lieu of all implied conditions, warranties, representations or other Terms, including any relating to satisfactory quality, fitness for a particular or any purpose, or the ability to achieve any particular result.
11.8 If You are a business, subject to clause 11.3, we will under no circumstances whatever be liable to You, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, arising under or in connection with the Contract for:,
11.8.1 loss of anticipated savings;
11.8.2 any loss of profits, sales, business, or revenue;
11.8.3 loss of business opportunity;
11.8.4 loss or corruption of data, information or software;
11.8.5 loss of goodwill; or
11.8.6 any indirect or consequential loss.
11.9 In any event, our liability to You in respect of any claim made will not exceed the Course fee paid by You.
12. INTELLECTUAL PROPERTY
12.1 “Sport981” and Sport981 Ltd are trademarks. Use of these trademarks is strictly forbidden without the prior written consent from Sport981.
12.2 All copyright, design rights and other intellectual property rights used, created or embodied in or arising out of or in connection with the Course, including the Course Materials remain the sole property of Sport981 and You shall not dispute the ownership of such rights.
12.3 Any materials and information (in whatever form and including the Course Materials) provided by Sport981 in connection with the Course shall not be copied, distributed or made available in whole or in part to third parties or re-used and shall be used only to enable You to properly participate in the Course subject to the aforementioned, You are entitled to keep, for Your own use only, any Course Materials provided to You.
12.4 All written materials supplied by us will remain the property of sport981 until payment in full has been received.
12.5 As part of Your Course Sport981 may grant You access to online subscription materials solely as a licensee. This licence will terminate on completion of Your Course or cancellation, whichever is the earlier.
13. DATA PROTECTION
13.1 Subject to clause 13.2, we will not pass Your data to third parties. All Data collected from You will be used to administer the Course or to notify You about similar services which we provide. If You do not wish to receive these notifications please inform us.
13.2 Where You have opted to pay for the Course via our instalment option You acknowledge and agree that we may pass Your details to credit reference agencies and make a credit reference agency search to determine Your suitability and ability to pay by instalment.
14. VISUAL AND/OR AUDIO RECORDINGS
14.1 Sport981 may take visual and/or audio recordings of You during the Course and reserve the right to use these for promotional, management or educative purposes (in the United Kingdom or overseas). Your consent for this will be assumed to have been granted unless otherwise indicated in writing or by email, prior to the start of the Course.
15. FORCE MAJEURE
15.1 We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations that is caused by events outside our reasonable control (Force Majeure Event).
15.2 A Force Majeure Event includes any act, event, non-happening, omission or accident beyond our reasonable control.
15.3 Our performance is deemed to be suspended for the period that the Force Majeure Event continues, and we will have an extension of time for performance for the duration of that period. We will use our reasonable endeavours to bring the Force Majeure Event to a close or to find a solution by which our obligations may be performed despite the Force Majeure Event.
16. COMPLAINTS AND APPEALS
16.1 Complaints in the first instance should be made to the tutor, lecturer, Coach or person in charge. If You are unhappy with the outcome then it will be taken up as per the company complaints procedure.
16.2 If You are currently studying an education Course with us, please refer to Your introduction pack where You will find a specific complaints and appeals process to follow. Awarding bodies will not accept complaints directly unless You have followed this process.
16.3 If You feel Sport981 has failed to comply with its obligations under the Contract, You shall advise the Sport981 in writing, marked for the attention of Customer Care, giving details of the reasons why You believe Sport981 has not complied with its obligations under the Contract.
16.4 Sport981 shall acknowledge the complaint in writing within seven (7) Working Days of its receipt and thereafter, reply to the complaint in full within thirty (30) Working Days of its receipt. Sport981 shall use all reasonable efforts to resolve the complaint satisfactorily,
17. APPLICABLE LAW AND JURISDICTION
17.1 The Contract, and any non-contractual rights or obligations arising out of or in connection with it or its subject matter, shall be governed by and construed in accordance with English law and sport981 and You agree that the courts of England shall have exclusive jurisdiction to settle any dispute which may arise out of or in connection with the Contract or its subject matter.
18.1 A person who is not party to these Terms shall not have any rights under or in connection with them under the Contracts (Rights of Third Parties) Act 1999.
18.2 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 online learning platform