Terms & Conditions
1. About Us
1.1 We are Professional Fitness Coaches Limited (company number 12338058), a company registered in England and Wales. Our registered office is at 5 Imperial Court, Laporte Way, Luton, United Kingdom, LU4 8FE. We operate the website at www.thepfca.com ("Website").
2. Our Contract with You
2.1 These terms and conditions ("Terms") govern your relationship with us and the supply of our services to you when you register for and/or purchase a course or seminar, whether delivered online or in person.
2.2 Please read these Terms carefully before purchasing or attending a course or seminar. By completing a purchase or registration you are confirming that you have read, understood and agreed to these Terms, which form a legally binding contract between you and us.
2.3 If you have any questions about these Terms before purchasing, please contact us at [email protected] before proceeding.
3. Our Services
3.1 We offer courses and seminars, delivered online and in person, as described on our Website ("Services"). Full details of each course or seminar, including content, duration, and delivery format, are available at www.thepfca.com.
4. Booking a Course or Seminar
4.1 To book a place on one of our courses or seminars you must complete your purchase through our Website or via a payment link provided by us.
4.2 Your place on a course or seminar is personal to you and cannot be transferred to or shared with any other person.
4.3 From time to time we may need to cancel or reschedule a course or seminar. We will notify you by email as soon as reasonably practicable should this occur.
5. Cancellations and Refunds
5.1 Any cancellation requests must be submitted in writing to [email protected].
5.2 Consumer Cancellation Rights
(a) Where you purchase a course or seminar online you have the right to cancel within 14 days of purchase under the Consumer Contracts Regulations 2013 ("Cooling Off Period") and receive a full refund.
(b) By requesting access to course materials or enrolling on a course or seminar that begins within the Cooling Off Period, you acknowledge that your right to cancel will be reduced proportionally to the amount of the service that has been delivered at the point of cancellation.
(c) Where a course or seminar has been fully delivered within the Cooling Off Period, your right to cancel will be lost entirely.
(d) To exercise your right to cancel within the Cooling Off Period, you must notify us in writing in accordance with clause 5.1 before the 14-day period expires.
5.3 Seminars
Outside of the Cooling Off Period set out in clause 5.2, if you cancel your attendance at a seminar you shall not be entitled to any refund of charges paid.
5.4 CPT Course
(a) Outside of the Cooling Off Period set out in clause 5.2, if you cancel your place on the CPT course you shall not be entitled to any refund of charges paid.
(b) Students are required to attend a minimum of 8 out of 11 scheduled sessions. Attendance will contribute to the calculation of your final pass mark.
(c) Students are required to complete all online assignments within the timeframe provided at the start of the course. Failure to do so may result in a resit fee of £395.
5.5 FFC Course
(a) You may be eligible for a refund of charges paid only if you satisfy both of the following criteria:
(i) You submit your refund request within 30 days of purchasing the FFC course; and
(ii) No more than 20% of the course (the first 2 modules) has been accessed or completed, and your FFC handbook is returned in an untouched condition.
(b) Refund requests must be submitted in accordance with clause 5.1.
6. Charges and Payment
6.1 In consideration of us providing the Services you must pay our charges in accordance with this clause 6 ("Charges").
6.2 The Charges are the prices quoted on our Website or in the payment link provided to you at the time of booking.
6.3 We may update our Charges from time to time. We will give you at least 30 days written notice of any changes to Charges that affect a course or seminar you have already booked.
6.4 Our Charges are exclusive of VAT. Where VAT is applicable you must pay any additional VAT at the prevailing rate at the same time as paying the Charges.
6.5 Payment options:
(a) In full at the time of booking; or
(b) By payment plan where offered, in accordance with the payment schedule provided at the time of purchase.
6.6 You will not gain access to any course or seminar materials until the relevant Charges have been paid.
6.7 If you fail to pay any Charges by the due date, interest will accrue on the overdue amount from the due date until payment is made, at a rate of 4% per year above the Bank of England base rate, accruing daily.
6.8 Where payment is being made by payment plan, if two or more consecutive payments fail we reserve the right to suspend and remove your access to all course materials and resources with immediate effect. We will notify you by email prior to taking this action.
6.9 You must pay all amounts due under these Terms in full without any set-off, counterclaim, deduction or withholding.
7. Course Materials and Permitted Use
7.1 Upon purchasing a course, you will be granted access to the course materials relevant to that course ("PFCA Materials"). Depending on the course, PFCA Materials may include:
(a) a physical or digital course handbook;
(b) video content hosted on our Kajabi platform;
(c) recorded seminars;
(d) worksheets and assignments.
7.2 All intellectual property rights in or arising out of or in connection with the PFCA Materials and/or the Services, courses or seminars are and will remain owned by us. Intellectual Property Rights means all intellectual property rights of any nature including:
(a) copyright, patents, trademarks, database rights, designs, format rights, inventions, know-how, trade secrets, techniques and confidential information, and other proprietary knowledge and information (whether registered or unregistered);
(b) applications and all rights to apply for registration for any of the foregoing; and
(c) all other intellectual property rights and equivalent or similar forms of protection existing anywhere in the world, for their full term and together with any revivals, renewals or extensions.
7.3 Subject to payment of our Charges and adherence to these Terms, you are granted a non-exclusive, non-transferable, non-sublicensable, revocable licence to access and use the PFCA Materials solely for the purpose of completing your course ("Permitted Use").
7.4 You may reproduce, print and make back-up copies of the PFCA Materials solely for the Permitted Use.
7.5 You may not sub-license, assign or otherwise transfer your rights to access the PFCA Materials to any other person. You are not permitted to sell, distribute, share, reproduce or otherwise exploit the PFCA Materials for financial gain or any purpose other than the Permitted Use.
7.6 Access to PFCA Materials on our Kajabi platform is personal to you and must not be shared with any other person. We reserve the right to suspend or remove access if we reasonably believe your login credentials are being shared.
8. How We May Use Your Personal Information
8.1 Our Privacy Policy sets out the terms on which we process any personal data we collect from you, or that you provide to us, during your course or seminar registration and purchase, and otherwise in connection with your use of our Services.
9. Limitation of Liability
YOUR ATTENTION IS PARTICULARLY DRAWN TO THIS CLAUSE.
9.1 These Terms are not intended to and will not limit or exclude any liability that we are not permitted to limit or exclude under applicable law, including our liability for personal injury or death caused by our negligence, for fraud or fraudulent misrepresentation, or for our breach of applicable consumer laws or your statutory rights.
9.2 Subject to clause 9.1, we will not be liable to you, whether in contract, tort (including negligence), for breach of statutory duty, or otherwise, arising under or in connection with your use of the Services or attendance at a course or seminar for:
(a) loss of profits; loss of sales or business;
(b) loss of agreements or contracts;
(c) loss of anticipated savings;
(d) loss of use or corruption of software, data or information;
(e) loss of or damage to goodwill; and
(f) any indirect or consequential loss.
9.3 You agree that your use of the Services is on an "as is" and "as available" basis and that your use of the Services is at your sole risk. We do not guarantee continuous, uninterrupted or secure access to the Services and operation of the Services may be interfered with by numerous factors outside of our control.
9.4 We do not provide conditions, warranties or other terms in relation to the Services or any of the PFCA Materials to the fullest extent permissible by law. You are solely responsible for considering whether the PFCA Materials are suitable for your purposes.
9.5 This clause 9 will survive termination of your access to the Services.
10. Confidentiality
10.1 We each undertake that we will not at any time disclose to any person any confidential information concerning one another's business, affairs, customers, clients or suppliers, except as permitted by clause 10.2.
10.2 We each may disclose the other's confidential information:
(a) to such of our respective employees, officers, representatives, subcontractors or advisers who need to know such information for the purposes of carrying out our respective obligations under these Terms. We will each ensure that such employees, officers, representatives, subcontractors or advisers comply with this clause 10; and
(b) as may be required by law, a court of competent jurisdiction or any governmental or regulatory authority.
10.3 Each of us may only use the other's confidential information for the purpose of fulfilling our respective obligations under these Terms.
11. Termination
11.1 Without limiting any of our other rights, we may suspend the performance of the Services or terminate your access to a course or seminar with immediate effect by giving written notice to you if:
(a) you commit a material breach of any of these Terms and (if such breach is remediable) fail to remedy that breach within 14 days of being notified in writing to do so;
(b) you fail to pay any amounts due under these Terms on the due date for payment; or
(c) you act in a manner that we reasonably consider to be inappropriate, disruptive or harmful to other students, staff or the reputation of PFCA.
11.2 On termination of your access you must immediately cease use of all PFCA Materials and you will no longer be permitted to access course content on our Kajabi platform.
11.3 Any provision of these Terms that expressly or by implication is intended to come into or continue in force on or after termination will remain in full force and effect.
12. Communications Between Us
12.1 When we refer to "in writing" in these Terms, this includes email.
12.2 Any notice or other communication given by one of us to the other under or in connection with these Terms must be in writing and be delivered personally, sent by pre-paid first-class post or other next working day delivery service, or email.
12.3 A notice or other communication is deemed to have been received:
(a) if delivered personally, on signature of a delivery receipt or at the time the notice is left at the proper address;
(b) if sent by pre-paid first-class post or other next working day delivery service, at 9.00 am on the second working day after posting; or
(c) if sent by email, at 9.00 am the next working day after transmission provided that no automated delivery failure notice is received by the sender.
12.4 In proving the service of any notice, it will be sufficient to prove, in the case of a letter, that such letter was properly addressed, stamped and placed in the post and, in the case of an email, that such email was sent to the specified email address of the addressee.
12.5 The provisions of this clause will not apply to the service of any proceedings or other documents in any legal action.
13. General
13.1 Assignment and Transfer
(a) We may assign or transfer our rights and obligations under these Terms to another entity but will always notify you in writing or by posting on the Website if this happens.
(b) You may only assign or transfer your rights or obligations under these Terms to another person if we agree in writing.
13.2 Variation
(a) We reserve the right to change and update these Terms from time to time in order to reflect changes in law, regulation or best practice, changes in our business practices, or changes to our courses or seminars. We will notify you of any important changes via the Website or by email.
(b) By continuing to use our Services after changes are made and notified to you as described above, you are accepting those changes and will be bound by them.
13.3 Waiver
(a) If we do not insist that you perform any of your obligations under these Terms, or if we do not enforce our rights against you, or if we delay in doing so, that will not mean that we have waived our rights against you or that you do not have to comply with those obligations. If we do waive any rights, we will only do so in writing, and that will not mean that we will automatically waive any right related to any later default by you.
13.4 Severance
(a) Each paragraph of these Terms operates separately. If any court or relevant authority decides that any of them is unlawful or unenforceable, the remaining paragraphs will remain in full force and effect.
13.5 Third Party Rights
(a) These Terms are between you and us. No other person has any rights to enforce any of its terms.
13.6 Entire Agreement
(a) These Terms form the entire agreement between you and us in relation to its subject matter. You acknowledge that you have not relied on any statement, promise, representation, assurance or warranty that is not set out in these Terms.
13.7 Governing Law and Jurisdiction
(a) These Terms, and any dispute arising out of or in connection with these Terms and/or your use of the Services, are governed by English law and will be subject to the exclusive jurisdiction of the courts of England and Wales.