MILLION DOLLAR FITNESS ACADEMY
TERMS & CONDITIONS
TERMS AND CONDITIONS OF ACCESS TO THE MILLION DOLLAR FITNESS ACADEMY LIMITED WEBSITE AND ENROLMENT
1.1 Please read these Terms and Conditions carefully before using the website operated by Million Dollar Fitness Academy Limited (company number NI 619611) (‘MDFA’). In particular, we draw your attention to paragraphs 3 (Fees), 4 (Withdrawal and conditions relating to refunds), 11 (Applicability of Course Materials and other online materials) and 15 (Liability). By enrolling on our courses you are agreeing to enter into a serious financial commitment. MDFA strongly recommends that prior to enrolment you satisfy yourself you fully understand and are able to comply with that commitment. If there is anything you are unclear about or if you have any questions, please contact us immediately by e-mail or through the website.
1.2 Without prejudice to the above, by using or accessing our website, you agree to be legally bound by these Terms and Conditions of use, as they apply to your use of or access to our website and enrolment on our courses.
1.3 If you do not wish to be bound by these Terms and Conditions, then you may not use our website or enrol on our courses.
2 Nature of our Website
2.2 Please note that the contents of our website are aimed at users aged 18 years and above, and you must be over 18 years to purchase the courses. MDFA may be prepared to enrol students between the ages of 16-18 but in these circumstances a third party such as a parent or guardian will need to guarantee the contract on your behalf.
3 Enrolling on Courses on our Website and Fees
3.1 To enrol on a course and select optional modules, you will need to follow the procedures set out on our website.
3.2 Details of fees and the procedures for payment are displayed on our website see FAQ section. By enrolling on a course and where relevant, selecting optional modules, you are agreeing to be responsible for the payment of the applicable fees in full.
3.3 MDFA is entitled to refuse any enrolment application made by you or on your behalf. If your application is accepted, MDFA’s acceptance of your application to enrol on a course will be notified to you electronically. This will normally happen when arrangements for full payment for the course have been made by you and been confirmed as satisfactory by MDFA or any third party acting on our behalf, and at that time the contract between us will come into force. The Enrolment Notification, which will be sent to the e-mail address you gave us when enrolling, will normally be sent to you when we (or any third party acting on our behalf) receive cleared funds for payment in full for the course
3.4 If a third party such as your employer is paying for your fees, you are required to give the name and address of the payer on your application to enrol. MDFA will contact separately such third party who will be required to confirm to us in writing that they are prepared to pay your fees. On receipt of the appropriate confirmation of guarantee and payment in full, an Enrolment Notification will be sent to you and to the third party who is responsible for your fees.
In certain limited circumstances where the third party is proposing to make payment by alternative method[s], we may (at our sole discretion) send out the Enrolment Notification and allow you to commence a course before the financial arrangements have been finalised but not before we have received a deposit. Under these circumstances you agree to procure that the third party will take all necessary steps to apply for, secure and finalise the financial arrangements as soon as possible. In the event that the third party fails to secure financing, you warrant and represent that you will be personally and fully responsible for all the fees relating to the course and optional modules that you have enrolled on. It is recommended that you do not commence a course or optional module until full financing is in place.
3.5 If you have enrolled and paid for your chosen course but your acceptance to MDFA is then not approved, your payment will be refunded to you within 30 days of Notification
3.6 You undertake that all details you provide to us (or any third party acting as our agent) for the purpose of enrolling you will be correct; that the credit or debit card, or any electronic cash, which you use is your own and that there are sufficient funds or credit facilities to cover the cost.
3.7 MDFA reserves the right to require you to provide any additional information that it may deem necessary in order to approve your enrolment.
4 Withdrawal and Access to Course Materials
4.1 As part of undertaking an MDFA course, you will be granted access to various materials (“Course Materials”)
4.2 On condition that the service has not commenced you may withdraw from a course (or de-select any optional modules that you may have selected) for any reason (including if you simply change your mind) within 7 working days of us (or an agent acting on our behalf) sending the Enrolment Notification. Your ability to withdraw from a course (or de-select any optional modules that you may have selected) expires after this period whether or not the services have commenced. To withdraw, you must notify us in writing or other durable and recordable medium (including e-mail) within those 7 working days. In circumstances where we have not received your notification, you will be required to provide evidence. You are therefore required to retain evidence of dispatch such as recorded delivery if sending your notification by post or a read receipt if sent by e-mail. You will then be entitled to a refund from MDFA in respect of the course or the optional modules you have withdrawn from (as the case may be) less any registration fees already incurred.This will be paid as soon as possible, but in any event within 30 days.
The right to withdraw within 7 working days of the Enrolment Notification being sent as referred to above does not apply to online learning once you access any part of the Course Materials relevant to the course or optional modules that you have selected or area of the website that is only available to enrolled students. You agree that your cancellation rights will end on the expiry of 7 working days or as soon as you commence the service (whichever is the first to occur), even if this is within the cancellation period of 7 working days from the date the contract is concluded.
You may de-select any optional modules within the 7 working days provided you have not accessed any Course Materials or areas of the website relating to that particular module. Your refund will be limited to those optional modules that you have de-selected less any registration fees already incurred
4.3 Following the expiration of 7 working days from the date on which MDFA (or our agent) has sent the Enrolment Notification, no refunds will be given
5 Computer Specification, Software Support and Alterations to the Website, Courses and the Awarding Body
5.1 You are responsible for providing and maintaining suitable computer and communications equipment and software necessary to gain access to www.milliondollarfitnessacademy.com and www.activeiqacademy.com/ to be able to download Course Materials that will enable you to complete the course for which you have enrolled.
5.2 If you are using the computer of a third party (e.g. your employer), it is your responsibility to ensure that you have the necessary consent to do so. If your circumstances change (e.g. if you change employer or if your employer changes its computer, equipment or software) and you no longer have access to a suitable computer for any reason, MDFA is not responsible for this and no refund of fees will be given in these circumstances.
5.3 MDFA does not provide software support and this is for you to arrange with your software provider.
5.4 We reserve the right to alter, suspend or discontinue any aspect of our website or the content or services available through it. This includes but is not limited to changes that we are required to make in the content and structure of our courses in order to ensure continuing compliance with the requirements of national standards and the awarding bodies.
In particular but without prejudice to the generality of the foregoing, we reserve the right to change the awarding body of the courses offered through our website provided that any substituted awarding body will provide a qualification of equal level on the national framework as set by the sector skills council “Skills Active” or its successor.
6 Information You Provide
6.1 The following applies to any information you provide to us, for example during any registration or ordering process:
- You authorise us to use, store or otherwise process any personal information which relates to and identifies you, including but not limited to your name and address, to the extent reasonably necessary to provide the services which are available through our website. You understand and agree that MDFA may disclose to third parties, on an anonymous basis, certain aggregate information contained in your registration application. MDFA will not disclose to any third party your name, postal address, e-mail address or telephone number without prior consent, except to the extent necessary or appropriate to comply with applicable laws or in legal proceedings where such information is relevant. MDFA reserves the right to offer third party services and products to you based on the preferences that you identify in your registration and at any time thereafter; such offers may be made by MDF or third parties. If you send us personal correspondence such as e-mails or letters, then we may collect this information into a file specific to you (together, the various purposes set out in this paragraph shall be known as ‘the Purposes’). All such information collected by us shall be referred to in these Terms and Conditions as ‘Personal Information’;
- You must ensure that the Personal Information you provide is accurate and complete and that all ordering or registration details (where applicable) contain your correct name, address and other requested details. It is your responsibility to ensure that MDFA is updated on any changes to such information. Most correspondence will be sent to your e-mail address but certain certificates and other non-electronic correspondence will be sent to your postal address.
6.2 Processing and Disclosure Rights
By accepting these Terms and Conditions you agree to the processing and disclosure of the Personal Information for the Purposes. You also agree that the Purposes may be amended to include other uses or disclosures of Personal Information following notification to you by means of a notice on our website, which you should check regularly. If you would like to review or modify any part of your Personal Information, then you should email us.
7 Practical Assessment Enrolment and Live Classroom Teaching
7.1 Enrolment into a practical assessment module is possible at any time. Enrolment on a specific practical assessment date is only possible once you have fully completed the prerequisite theory module. Enrolments are taken on a first come, first served basis and once a practical assessment has reached maximum capacity, no more enrolments for the assessment will be taken. Enrolment into practical assessments is not automatic and each student will be prompted to enrol once they have successfully completed the related theory module. MDFA accepts no responsibility for any student who fails to enrol in a practical assessment date in which they wish to attend. All enrolments are your own responsibility and must be made at least 14 days in advance following the date on which you successfully complete the prerequisite theory module.
7.2 Depending on the course you have enrolled in, you will be required to bring one or more friends to your practical assessment to participate in a class and act as “mock clients”. MDFA accepts no responsibility for such people and they will be attending entirely at their own risk.
7.3 If you wish to change the date of your practical assessment, you must contact firstname.lastname@example.org at least 14 days prior to the assessment date. After this time no refund or transfer to another practical assessment will be granted.
7.4 If you fail to attend a practical assessment in which you have enrolled, a deferral for that module will be recorded. No refund or transfer to another practical assessment will be granted without additional charge.
7.5 MDFA reserves the right to change and/or cancel the dates and venues for practical assessments and training days. You will be notified of any change by telephone, post or e-mail (which will be notified to the contact point you provided on enrolment) and you will be able to transfer to another course at no extra cost to you. MDFA is not liable in any other way for any additional expenses, costs or other charges that you may incur as a result of such change or cancellation, and you are responsible for ensuring that MDFA has up to date contact details for you.
7.6 Certain modules include distance and classroom-based teaching which is delivered on the same day during a set number of consecutive weeks. Once you have enrolled on a series of training days, if you need to change your dates there will be an administration fee of £150 (including VAT) to transfer to an alternative series of dates. MDFA makes no guarantee that space will be available on your chosen alternative dates and reserves the right to select alternative dates on your behalf, if necessary. You are therefore advised to ensure that you are available on all dates before you enrol on a series of training days.
7.7 MDFA reserves the right to change and/or cancel the dates and venues for distance and classroom-based teaching. You will be notified of any change by telephone, post or e-mail and you will be able to transfer to another course at no extra cost to you. MDFA is not liable in any other way of any additional expenses, costs or other charges that you may incur as a result of such change or cancellation.
7.8 You are required to conduct yourself in an appropriate manner at all assessment and training days. If you behave in a manner which in the opinion of MDFA is threatening, abusive, offensive or otherwise unacceptable, MDFA will have the right to remove you from that and all future assessment and training days. You will remain liable for the fees for courses and modules on which you have enrolled.
7.9 In addition to your general responsibility to ensure that you are fit to undertake a course, you are specifically responsible to ensure that you are physically fit on any occasion when you attend either a training day or an assessment day when you will be required to complete a physical activity readiness questionnaire. If the results of this questionnaire indicate you require your GP’s consent to perform physical activity, you will not be permitted to perform the physical components of that day. This may prevent you from continuing on to the next section of your course. In these circumstances you will need to obtain the appropriate medical clearance and guidance from your GP and re-book another training or assessment day, as appropriate. Fees for such training or assessment days will not be refunded and MDFA will not be responsible for your travelling costs or other expenditure that may be wasted.
7.10 You acknowledge that you are fully aware of the risks involved in participating in training and assessment days which can be physically and mentally demanding. You represent and warrant that you discharge MDFA, its agents, employees and representatives on a continuing basis from any and all liability for injuries or damages resulting from your participation in any of the FIE training and assessment days, and or in connection with performing, conducting, teaching or instructing course material to the fullest extent permitted by law. This exclusion shall not cover death or personal injury caused by the negligence of MDFA or its employees, agents or sub-contractors.
7.11 You agree that you may be videotaped, audio recorded and photographed by MDFA as part of your training and assessment days and you consent to MDFA using your photograph, video and tape recordings and any other likeness of you for any and all promotional and training purposes.
8 Assessments, Progress Reports and Certification
8.1 Course certificates are issued on successful completion of each module. Once all modules in the MDFA course have been completed, the relevant awarding body will be notified and they will issue the qualification certificate which will be sent to the postal address you have provided. Third party awarding bodies may take up to six months to issue certificates due to internal and external verification requirements.
8.2 All certificates will be issued in the name held on our records at the date you successfully complete the course or module. It is your responsibility to inform MDFA in writing of any change of name and to provide appropriate evidence, such as a marriage certificate or deed poll.
8.6 If you lose a certificate and require a replacement, a fee of £30 (sterling) will be payable. If you change your name or address prior to the date you successfully complete the course or module but fail to notify us and require MDFA to issue a new certificate, a replacement fee of £30 (sterling) will be payable. Please note we are unable to issue replacement certificates in a new name if the change of name occurred after the date you successfully completed the course or module.
8.7 Courses are organised in modules and must be completed in order. In the majority of cases you will not be permitted to progress to the next module unless you have successfully completed the prerequisite module/s preceding it. You may undertake modules as and when you are able to do so, depending on your circumstances, provided that you have commenced the final module in a course on or before the second anniversary of the date you commenced the first module of that course. There is no guarantee that any course will be run for more than two years and it is your responsibility to ensure that you complete the course within this time frame. You will be deemed to have commenced the first module of a course on the date that the Enrolment Notification is sent to you. You will be deemed to have commenced the final module of a course on the date that we receive your application for final certification with all the pre-requisites having been met by you. Failure to commence the final module of a course in accordance with the time scale explained in this paragraph will result in you being unable to undertake any remaining modules in that course. No refunds will be given for courses that are not completed.
9 Tutor Support
9.1 Tutor support is offered via email. Students requiring tutor support via the telephone must call their tutor support number at a pre-arranged time. Some telephone calls may be recorded for training purposes.
9.2 MDFA reserves the right to change the level of support including but not limited to costs, hours and method of service.
9.3 Whilst receiving telephone support, you are required to conduct yourself appropriately. If you behave in a manner which in the opinion of MDFA is threatening, abusive, offensive or otherwise unacceptable, MDFA will have the right to ban you from all future tutor support.
10 Security and Data Protection
10.1 Access to and use of the online learning is through a user name and password. You are solely responsible in all respects for all use of and for protecting the confidentiality of the username and password that you select for use on the e-learning platform. You may not share these with or transfer them to any third parties. You must notify MDFA immediately of any unauthorised use of them or any other breach of security regarding our website that comes to your attention.
11 Applicability of Course Materials and Other Online Materials
11.1 Personal Use
Unless otherwise stated, text on our website and the Course Materials are presented solely for your private, personal and non-commercial use on one computer at a time. You represent and warrant that you will not knowingly do anything that may prejudice MDFA’s interest in the Course Materials.
11.2 No Copying
When downloadable materials are provided by us you may only make a single copy for personal use. Otherwise, you may not download, print or store any Course Materials or send or show any copy thereof to anyone other than as authorised in these Terms and Conditions. In the event of any breach of this term:
(i) you will be liable to indemnify MDA against any damage (including costs on an indemnity basis) which FIE may suffer as a result of such breach; and
(ii) You will be denied any further use of our website and your enrolment will be cancelled.
11.3 Third Party Materials and Suitability of the Courses and Modules.
Our website is controlled and operated by us from our offices in Northern Ireland. Where content published on the website is supplied by third parties, you understand that we do not screen, control or endorse their contents in any way. All content which is offered by third parties is published in good faith but we do not (to the extent permitted by applicable law) accept responsibility for the accuracy or otherwise of such content (whether published on or off-line) and the use of such content, except for content which relates directly to the courses or modules you enrol on and which MDFA has created.
11.4 The website and Course Materials are provided on an “as is” basis. You assume total responsibility and risk for your use of our website and use of all information contained within it.
11.5 It is your responsibility to ensure that you are sufficiently fit, physically, mentally and emotionally, to undertake all components of the course as well as aerobic, anaerobic, resistance, flexibility, stability, muscular strength and endurance exercise. We recommend you obtain medical clearance from your GP prior to enrolment or before commencing any of the exercises contained with the course. It is your responsibility to notify us of any pre-existing medical conditions as well as any special assistance you may reasonably require prior to enrolment or before commencing any of the exercises contained with the course, and again if circumstances change throughout the period you are undertaking a course with MDFA
You understand that this course involves exercise and that the body’s reaction to exercise cannot always be predicted with accuracy. Furthermore, you acknowledge that there are risks involved in performing physical activity including but not limited to musculoskeletal strains, pain and injury, and that certain abnormal changes may occur during or following exercise which may adversely affect blood pressure, cause heart attack or even death.
11.6 Enrolment on a course does not in any way guarantee successful completion or the attainment of the relevant certificate or qualification. It is your responsibility to ensure that the course or module is suitable for your purposes and career development.
11.7 Compliance with Law
We have used our best endeavours to ensure that our website complies with UK law.
11.8 Certain Course Materials require a public performance licence to use them publicly. You agree to fully indemnify MDFA for any loss, cost or expense we incur if you or any third party on whose behalf you use the Course Materials act in breach of these warranties.
12 Copyright and Exclusivity
The contents of our website (including Course Materials and any other materials that you may download as part of a course) are protected by international copyright laws and other intellectual property rights. The owner of these rights is Million Dollar Fitness Ltd or other third party licensors. All product and company names and logos mentioned in our website are the trade marks, service marks or trading names of their respective owners, including us. You may download material from our website for the sole purpose of enrolling on and completing a course. However, you may not modify, copy, reproduce, republish, upload, post, transmit or distribute, by any means or in any manner, any material or information on or downloaded from our website including but not limited to text, graphics, video, recordings, choreography, messages, code and/or software without our prior written consent, except where expressly invited to do so, for example as part of the course. Enrolment on a course is personal to you and it is not possible to transfer your enrolment to another course or any other person.
13 Availability of Our Website, Errors and Viruses
We will try to make our website available but cannot guarantee that our website will operate without interruptions, be error free or that the web site and its server are free of computer viruses or other harmful mechanisms. MDFA can accept no liability for our website’s unavailability or any errors or viruses that it can contain. You must not attempt to interfere with the proper working of our website and, in particular, you must not attempt to circumvent security, tamper with, hack into, or otherwise disrupt any computer system, server, website, router or any other internet-connected device.
14.1 Exclusion of Liability
In relation to your enrolment on any MDFA course or module, we accept no liability for any indirect or consequential loss or damage, or for any loss of data, profit, revenue or business (whether direct or indirect), however caused, even if foreseeable. In circumstances where you suffer loss or damage arising out of or in connection with the viewing, use, or performance of our website or its contents, including your enrolment on and participation in an MDFA course or module, we accept no liability for this loss or damage (except where we have been negligent) whether due to inaccuracy, error, omission or any other cause and whether on the part of MDFA or our servants, agents or any other person.
You agree to indemnify and hold MDFA harmless against any and all loss, liability, damage, cost or expense (including without limitation legal fees and disbursements) suffered by MDFA arising out of or connected in any way with any claim asserted or proceedings commenced by any third party against MDFA by reason of your breach of any obligations, representations or warranties agreed by you under these terms and conditions made by reason of the assertion of any claim which is inconsistent with any such obligation, representation or warranty.
14.2 Limit of Liability
If we are liable to you for any reason, our liability will be limited to the amount paid by you to date for the relevant course on which you are currently enrolled and as a result of which MDFA’s liability has arisen. This limit does not apply to any liability we may have for death or personal injury resulting from our negligence nor for fraudulent misrepresentation.
14.3 User’s Responsibilities
You also understand that we cannot and do not guarantee or warrant that any material available for downloading from our website will be free from infection, viruses and/or other code that has contaminating or destructive properties. You are responsible for implementing sufficient procedures and virus checks (including anti-virus and other security checks) to satisfy your particular requirements for the accuracy of data input and output.
14.4 Legal Limitations
The limitations and exclusions in this clause only apply to the extent permitted by applicable law.
We may alter these terms and conditions from time to time and post the new version on our website, following which all use of our website will be governed by that version. You must check the terms and conditions on the website regularly.
15.2 Entire Agreement
These Terms and Conditions, together with your registration application and payment method instructions, if any, are your whole agreement in relation to any service you obtain from MDFA. You acknowledge that you have not entered into this agreement in reliance upon any warranty or representation made by MDFA or any other person and you waive any rights to damages/rescission you may have for misrepresentation (other than a fraudulent misrepresentation) that is not contained in the relevant terms and conditions, registration form and payment method instructions.
If any provision or term of these Terms and Conditions shall become or be declared illegal, unlawful, invalid or unenforceable for any reason whatsoever, such term or provision shall be divisible from the other Terms and Conditions and shall be deemed to be deleted from them.
15.4 Causes beyond Control
MDFA will not be held liable for any failure to perform any obligation due to causes beyond its reasonable control.
All notices shall be given:
- to us via email at admin @ millondollarfitnessacademy.com or
- to you at either the e-mail or postal address you provided upon or have updated since enrolment.
Notice will be deemed received when an e-mail is received in full (or else on the next business day if it is received on a weekend or a public holiday in the place of receipt) or three (3) days after the date of posting.
These terms and conditions replace all other Terms and Conditions previously applicable to the use of our website.