FitSteps Instructor's T&Cs (UK, Ireland & Europe)
You should read these terms and conditions (“T&Cs”) in full because they are all important. However, just in case you ever need a reminder of the main points, here’s a quick summary:
When you sign up to the FitSteps course you pay an enrolment fee. You can change your mind about enrolment and get a full refund of the enrolment fee up to 14 days after you enrol as long as you haven’t accessed any of the online course material during those 14 days.
Once you are a certified official FitSteps trainer you need to maintain your official FitSteps membership (“FitSteps Membership”) by paying a monthly Membership Fee or paid in full membership. You can cancel your Membership at any time by writing to us at [email protected] but if you stop paying the Membership Fee and you are a qualified FitSteps instructor you are no longer licensed to teach official FitSteps. Paid in full memberships will automatically renew on the anniversary of your joining date. All membership fee's are non refundable.
If you post on the Website forums, we are not responsible for anything that you post or say on them and we don’t have the obligation to monitor the content of the Website, but if we *do* see or someone alerts us that you have posted something that we think is inappropriate then we have the right to remove it and suspend or terminate your access to the Website forums.
We are not liable and you agree to indemnify us if you post any content on the Website that actually belongs to someone else.
In these T&Cs, “us” and “we” means FitSteps . Please read these T&Cs carefully before enrolling on the online FitSteps course (“FitSteps course”) available through www.FitSteps.co.uk (the “Website”) as they create the contractual relationship between you and us. By enrolling on the FitSteps course you are agreeing to enter into a serious financial commitment so we strongly recommend that prior to enrolment you are sure that 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 ([email protected]) or through the Website (www.FitSteps.co.uk).
2 ENROLLING ON THE FitSteps COURSE AND FEES
2.1 How to enrol on the FITSTEPS™ course and required qualification. To enrol on the FITSTEPS™ course please follow the procedures set out on the Website. Enrolment on the FitSteps course is personal to you and it is not possible to transfer your enrolment to any other person.
2.2 Enrolment and Membership Fees*. You agree to pay an initial enrolment fee to us of £50 (Fifty pounds)(the “Enrolment Fee”) this includes one free assessment worth £25, further assessments will cost £25 thereafter (twenty five pounds), inclusive of VAT in exchange for access to the FitSteps online course. You understand and agree that once you enrol on the FitSteps course under the FitSteps brand, you will be required to pay us a monthly membership fee of £20 (twenty pounds), inclusive of VAT, per month (the “Membership Fee”) in order to maintain the licence and for on-going access to the FitSteps course materials accessed via the Website. Such Membership Fee shall be payable on or around the 1st of each month. You should note that on-going access to the FitSteps course materials (including updates) once awarded your licence to teach FitSteps is contingent on your payment of the Membership Fee, so if you stop paying your Membership Fee you will lose your licence to teach FitSteps under the FitSteps brand and your access to the FitSteps ongoing course materials will be terminated (effective from the first month for which you have failed to pay the Membership Fee). Further details of fees and the procedures for payment are set out on our Website. By enrolling on the FitSteps course you are agreeing to be responsible for the payment of the applicable fees in full. The monthly Membership Fee for monthly content shall be payable every month until you cancel your FitSteps Membership (or it is cancelled by us). If you wish to cancel your enrolment on the FitSteps course or your Membership, please refer to Section 3 below for information regarding our cancellation and refund policy. *Some individuals who undertake the FitSteps course may have their Enrolment Fee paid for by the gym/fitness club at which they teach. Save for the fact that such persons will not be required to pay the Enrolment Fee personally, these T&Cs shall be otherwise binding on the individual including without limitation the requirement to pay the Membership Fee.
2.3 Enrolment if you are 16-18 years old. Please note that the contents of our Website are aimed at users aged 18 years and above, and you should be over 18 years to enrol in the FitSteps course. FitSteps 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 consent to the contract on your behalf and guarantee your obligations under the contract. You will be required to give the name and address of your guarantor on your application to enrol. FitSteps will write separately to your guarantor who will be required to confirm to us in writing that they are prepared to be your guarantor and that they will guarantee your payment obligations in relation to the FitSteps course and ongoing FitSteps Membership. Until we receive such confirmation from your guarantor, FitSteps will not process your application to enrol on the FitSteps course.
2.4 Refusal/acceptance of enrolment applications. FitSteps is entitled to refuse any enrolment application made by you or on your behalf for any reason or for no reason at all. If your application is accepted, FitSteps will notify you electronically at the email address you provided us on your enrolment application (the “Enrolment Notification”). We will not accept any enrolment application until full payment of the Enrolment Fee has been made by you and has been confirmed as satisfactory by FitSteps or any third party acting on our behalf. You agree that all notices, invoices and other communications we are required to send to you will be provided electronically and acknowledge that the Enrolment Notification will constitute an electronic invoice.
2.5 Warranty re: your details. You confirm that all details you provide to us (or any third party acting as our agent) for the purpose of your enrolment on the FitSteps course will be correct, that the credit or debit card, or any electronic cash, which you use to pay for your Enrolment Fee and Membership Fee is your own and that there are sufficient funds or credit facilities to cover the payments when they fall due.
2.6 Additional information. FitSteps reserves the right to require you to provide any additional information that it may deem necessary in order to authorise your enrolment.
3 FITSTEPS™ COURSE MATERIALS, CANCELLATIONS AND REFUNDS
3.1 FITSTEPS™ course materials. As part of undertaking the FitSteps course, you will be granted access to various materials (“FitSteps course materials”)
3.2 Cancellation of enrolment on FitSteps course. Provided you have not accessed the FitSteps course materials (see section 3.3 below), you may cancel your enrolment on the FitSteps course for any reason, including if you simply change your mind, within 14 working days of us or an agent acting on our behalf sending you the Enrolment Notification (the “Cancellation Period”). To cancel your enrolment on the FitSteps course, you must notify us in writing by e-mail to [[email protected]]) that you wish to cancel during the Cancellation Period. Your ability to cancel your enrolment on the FitSteps course expires at the end of the Cancellation Period. In circumstances where you attempt to notify us within the Cancellation Period but we do not receive your notification, you will be required to provide evidence that such notification was sent within the relevant 14 working days period. You are therefore required to retain evidence of sending your notice of cancellation, such as recorded delivery if you send your notification by post or a read receipt if you send it by e-mail.
3.3 No Right to cancel enrolment on FitSteps course once FitSteps course materials have been accessed. Your right to cancel your enrolment on the FitSteps course during the Cancellation Period terminates as soon as you access any part of the FitSteps course materials or any area of the Website that is only available to enrolled students. This is because upon such access the service provided to you by FitSteps commences.
3.4 Refund of Enrolment Fee. Upon cancellation of your enrolment on the FitSteps course in accordance with these T&Cs, you will be entitled to a full refund of the Enrolment Fee that you have paid. This refund will be paid as soon as possible, but in any event within 30 days of our receipt of a valid cancellation notice. No refund of the Enrolment Fee will be given if notice of cancellation is given after the expiry of the Cancellation Period or if the circumstances described in section 3.3 above apply. No refunds will be given for FitSteps courses that are not completed.
3.5 Access to FItSteps course materials in the event of failed payment. If for any reason, payments due, including your monthly Membership Fee, are not received by FitSteps (or our agent) or any payment is returned, refunded or retrieved by you, your credit card company or the entity through which you have arranged finance, your access to FitSteps course materials will be denied. Under these circumstances FitSteps will no longer be under any obligation to you and your enrolment and Membership (as applicable) will be cancelled immediately. No refund will be given of any payments made up to the date of cancellation. All outstanding payments will remain payable by you and FitSteps may take any action required to reclaim such outstanding payments.
3.6 Cancellation of monthly FitSteps Membership. If you wish to cancel your monthly FitSteps Membership, you may do so at any time by providing written notice to FitSteps by email to [email protected] FitSteps will cancel your Membership upon receipt of the aforementioned written notice. No further Membership Fee shall be payable, unless previously due and outstanding, and your access to the FitSteps course materials and member only areas of the Website shall be terminated.
4 COMPUTER SPECIFICATION, SOFTWARE SUPPORT, ALTERATIONS TO AND SUSPENSION OF WEBSITE AND THE AWARDING BODY
4.1 Your computer and software. You are responsible for providing and maintaining suitable computer and communications equipment and software necessary to gain access to the Website and download FITSTEPS™ course materials to enable you to complete the FITSTEPS™ course for which you have enrolled.
4.2 Using third party computers. 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, [FITSTEPS] is not responsible for this and no refund of fees will be given in these circumstances.
4.3 Software support. You may need to use third party software to access the Website or the training materials. FitSteps does not provide third party software support – this is for you to arrange with your software provider. FitSteps accepts no responsibility or liability in connection with any software owned or controlled by third parties.
4.4 Provision of, alterations to, suspension of or discontinuance of the Website. THE WEBSITE IS PROVIDED ON AN “AS IS” BASIS AND SHOULD IT PROVE DEFECTIVE AND/OR CAUSE DAMAGE TO YOUR COMPUTER OR INCONVENIENCE TO YOU, FitSteps SHALL NOT BE RESPONSIBLE FOR ANY SUCH DAMAGE OR COSTS INCURRED BY YOU WHICH MAY RESULT FROM ANY AND ALL SUCH DEFECTS. 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. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, FitSteps DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY OR SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, WORKMANLIKE EFFORT, INFORMATIONAL CONTENT, TITLE OR NON
INFRINGEMENT OF THE RIGHTS OF THIRD PARTIES. 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. You assume total responsibility and risk for your use of the Website and use of all information contained within it. We reserve the right to alter, suspend or discontinue any aspect of the 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 the FitSteps course in order to ensure continuing compliance with the requirements of national standards and the awarding bodies. You must not attempt to interfere with the proper working of the Website and, in particular, you must not attempt to circumvent security, tamper with, hack into, or otherwise disrupt the Website or any related computer system, server, router or any other internet-connected device.
4.5 Awarding body. 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 the 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.
4.6 Use of new features and content. Unless stated otherwise, your use of any new features including new content, and/or the availability of new courses or modules shall be subject to these T&Cs.
5 USERNAME, PASSWORD AND PERSONAL DATA
5.1 Username and password. Access to and use of the Website is through a username 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 Website. You may not share these with or transfer them to any third parties. You must notify FitSteps immediately of any unauthorised use of them or any other breach of security regarding the Website that comes to your attention.
6 WORKSHOP BOOKINGS
6.1 Booking your place on a Workshop. In addition to passing the online element of the FitSteps course, in order to become a certified FitSteps instructor you must pass an on-line video interview assessment OR be graded at a practical (“Workshop”).
You may book a place on a Workshop at any time but we strongly advise that you only attend a Workshop once you have fully completed the online FitSteps course. Details of available Workshops can be found on the Website and will be sent to you via the email provided on a regular basis. Bookings for Workshops are taken on a first come, first served basis and once a practical assessment has reached maximum capacity, no more bookings for the assessment will be taken. Booking a place on a Workshop is not automatic upon enrolment on the FitSteps course and each student will be prompted to book once they have successfully completed the related e-learning theory module. FitSteps accepts no responsibility for any student who fails to book themselves on to a Workshop that they wish to attend. All enrolments are your own responsibility and must be made at least 14 days in advance of the relevant Workshop.
6.2 Changing the date of your Workshop. If you wish to change the date of your Workshop, you must contact [email protected] at least 14 days prior to the date of the Workshop. After this time no transfer to another Workshop will be granted without charge.
6.3 Failure to attend a booked Workshop. If you fail to attend the Workshop that you have booked, it is your responsibility to book yourself on another Workshop for training and assessment. No such further booking will be granted without additional charge.
6.4 Cancellation of Workshops by FitSteps. FitSteps reserves the right to change and/or cancel the dates and venues for Workshops. You will be notified of any change by telephone, post or e-mail (via the contact details you provided on enrolment) and you will be able to transfer your booking to another Workshop at no extra cost to you. FitSteps 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 FitSteps has up to date contact details for you.
6.5 Conduct at Workshops. You are required to conduct yourself in an appropriate manner at all Workshops. If you behave in a manner which in the opinion of FitSteps or its third party agents is threatening, abusive, offensive or otherwise unacceptable, FitSteps will have the right to bar you from that and all future Workshops. Under such circumstances FitSteps shall not be obliged to refund your Enrolment Fee.
6.6 Appropriate fitness on date of Workshop. In addition to your general responsibility to ensure that you are fit to undertake a FitSteps course (see section 6.7 below), you are specifically responsible for ensuring that you are physically fit on the date that you attend a Workshop when you will be required to complete a physical activity readiness questionnaire (a copy of which is available in advance on request). You are required to respond to the physical activity readiness questionnaire truthfully. FitSteps will not be responsible for damages arising out of your failure to provide truthful answers to the physical activity readiness questionnaire. If the results of this questionnaire indicate that you require your GP’s consent to perform physical activity, you will not be permitted to perform the physical components of that day. In these circumstances you will need to obtain the appropriate medical clearance and guidance from your GP and re-book another Workshop, for which an additional fee may be charged. FitSteps will not be responsible for your travelling costs or other expenditure that may be wasted.
6.7 Warranty as to your fitness and limitation of FitSteps liability. You acknowledge that you are fully aware of the risks involved in participating in a Workshop which can be physically and mentally demanding. You represent and warrant that you are both physically and mentally fit to undertake the Workshop that you attend and to perform, conduct, teach and/or instruct FitSteps and you discharge FitSteps, its agents, employees and representatives on a continuing basis from any and all liability for injuries or damages resulting from your participation in a Workshop and/or in connection with performing, conducting, teaching and/or instructing FitSteps to the fullest extent permitted by law. This exclusion shall not cover death or personal injury caused by the negligence of FitSteps or its employees, agents or sub-contractors.
6.8 Consent to recordings. You agree that you may be videotaped, audio recorded and photographed by FitSteps and/or its agents while attending a Workshop and you consent to FitSteps and/or its agents and/or its sub-licensees using any such recordings, your photograph, video and/or audio recordings and any other likeness of you for any and all promotional and training purposes. You give all necessary consent and waivers, including in relation to performer’s rights, to enable [FITSTEPS] to make the fullest use of the aforementioned recordings in accordance with these T&Cs.
7.1 Certification as a FitSteps instructor. Enrolment on the FitSteps course does not in any way guarantee successful completion of the FitSteps course or the attainment of certification as a qualified official FitSteps instructor and being able to teach a FitSteps Class. It is your responsibility to ensure that the FitSteps course is suitable for your purposes and career development. Certification as a FitSteps instructor will only be issued once (i) the online FitSteps course has been completed, (ii) you have completed the e-learning modules (ii) successful completion of a video conference interview or (iii) re- assessment at one of our workshops (iiii) all relevant course fees (including any additional charges related to rebooking a Workshop) have been paid.
7.2 Issue of certificate. Your certificate evidencing your certification as a FitSteps instructor will be issued within 7 to 14 days after completing your on-line interview, and the additional criteria set out in section 7.1. Such certificate will be issued in the name held on our records at the date you successfully complete the online interview or attend Workshop. It is your responsibility to inform FitSteps in writing of any change of name and to provide appropriate evidence, such as a marriage certificate or deed poll.
7.3 Lost certificates. If you lose a certificate and require a replacement, you can download a replacement from the Website
8 STUDENT SUPPORT
8.1 Student Support. Student support for use of the Website can be found by emailing [email protected] we will respond to your enquiry within 48 working hrs unless prevented for reasons beyond the control of FitSteps. The current support times are 9am – 12pm Monday to Friday excluding Bank Holidays.
8.2 Charges £50 Online Training, £20 per month for continued education and FitSteps Liscence, £50 optional for any further workshops. There may, from time to time, be promotions in the charges for individuals or group bookings. These promotions are subject to availability and FitSteps reserves the right to cancel or withdraw a promotion at any time.
8.3 Discontinuance of Student Helpdesk. FitSteps reserves the right to discontinue student support or to change the level of support including but not limited to costs, hours and method by which the service is delivered.
9 LICENCE TO USE FITSTEPS™ COURSE MATERIALS AND TEACH FITSTEPS™
9.1 Grant of licence. Subject to your payment of the Enrolment Fee* and Membership Fees in accordance with these T&Cs, FitSteps grants you a limited, non-exclusive and non-transferable licence to (i) access updates to FitSteps course materials via the Website, (ii) use downloadable materials identified on the Website and in your email communication with FitSteps as being for download when teaching FitSteps (but for no other purpose), and (iii) teach FitSteps as an official FitSteps instructor in the UK and Ireland in private venues, outside or at fitness clubs/gyms.
9.3 User generated content and grant of licence to FitSteps You acknowledge that any facility provided by FitSteps to enable students to communicate with each other on the Website, such as a forum or chat room or comments, is provided without liability to FitSteps. If you publish any content on the Website via the student forums, chat room or comments section, you warrant that you are the sole author of such content and that publishing such content will not infringe the rights of any third party including trade mark, database rights, copyright or other intellectual property rights or privacy rights, nor is libellous, obscene, menacing, threatening, offensive, abusive, fraudulent, criminal nor is in any way illegal or unlawful. You grant us and/or the businesses of FitSteps and/or our agents an irrevocable transferable royalty free licence in perpetuity to use any such content uploaded and/or contributed by you to the Website (i) on the Website, and (ii) for promotional purposes connected to the Website, FitSteps and/or the businesses of FitSteps and/or our agents, and grant all other necessary consents and waivers to enable FitSteps and its agents to fulfil such purposes.
9.4 Third party content take down. Where content published on the Website is supplied by third parties (including the user generated content referred to in section 9.3 above), you acknowledge that we do not have an obligation to screen, control, moderate or endorse such content and to the extent permitted by law disclaim all liability in relation to such content. If you believe that any such content infringes your rights or fails to comply with these T&Cs you may notify us via the contact page on the Website (www.FitSteps.co.uk). Your notification must contain all of the following information: (i)your contact details including your email address and a contact number; (ii) full details of the content that you believe infringes your rights or does not adhere to these T&Cs; (iii) the URL or other location where you found the relevant content; and (iv) if you are reporting that you believe that your rights (or those of someone that you represent) have been infringed, proof that you are the rights holder or duly authorised to act on their behalf and a statement clearly warranting the same. Please note that deliberate misuse of the complaint facility will not be tolerated and if you persist in making malicious or vexatious complaints then we may terminate your right to use the Website and access the FitSteps content. Please also note that our offices are manned during 9am – 12pm on business days (so not on weekends or public holidays) so reports will only be received and dealt with during those hours. When they are received though, they will be dealt with as promptly as possible.
9.5 PUBLIC PERFORMANCE LICENCE. ALL DOWNLOADABLE FITSTEPS™ MUSIC TRACKS WHICH FORM PART OF THE COURSE MATERIALS REQUIRE A PUBLIC PERFORMANCE LICENCE TO USE THEM PUBLICLY (E.G. DURING FitSteps classes). IF YOU USE SUCH FitSteps MUSIC TRACKS PUBLICLY YOU WARRANT THAT: 1. YOU HOLD A VALID PUBLIC PERFORMANCE LICENCE (FROM PRS FOR MUSIC, IN THE UK) IN RESPECT OF THE PUBLIC PERFORMANCE OF THE COMPOSITIONS EMBODIED IN THE SOUND RECORDING/MUSIC TRACKS USED AS AN ACCOMPANIMENT TO EXERCISE CLASSES AND YOU WILL CONTINUE TO HOLD SUCH LICENCE THROUGHOUT THE PERIOD OF YOUR USE OF THE RELEVANT FITSTEPS™ COURSE MATERIALS; OR 2. YOU ARE IN POSSESSION OF A WRITTEN UNDERTAKING FROM THE OWNER OF THE VENUE AT WHICH YOU WILL BE USING THE RELEVANT FITSTEPS™ COURSE MATERIALS THAT CONFIRMS THAT THE OWNER HOLDS A PUBLIC PERFORMANCE LICENCE (FROM PRS FOR MUSIC, IN THE UK) IN RESPECT OF THE PUBLIC PERFORMANCE OF THE COMPOSITION EMBODIED IN THE SOUND RECORDING/MUSIC TRACKS USED AS AN ACCOMPANIMENT TO EXERCISE CLASSES AT SUCH VENUE AND THAT SUCH OWNER WILL CONTINUE TO HOLD SUCH LICENCE THROUGHOUT THE PERIOD OF YOUR USE OF THE RELEVANT FITSTEPS™ COURSE MATERIALS. A PRS For Music public performance licence covers the songwriters, composers and music publishers’ rights. Note that you do not need a PPL licence (this covers the record companies and performers’ rights) as FitSteps music is PPL free.
10 COPYRIGHT IN WEBSITE AND FITSTEPS™ COURSE MATERIALS
10.1 Ownership of rights in Website and FITSTEPS™ course material. With the exception of user generated content, the Website and the content made available on the Website (including FitSteps course material) is owned by FitSteps or its third party licensors. All product and company names and logos mentioned on the Website are the trademarks, service marks or trading names of their respective owners, including us. You may use downloadable FitSteps course material in its downloaded form subject to the terms of the licence granted in section 9.1 above, but you may not otherwise copy, reproduce or use, nor modify, 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 and/or messages without our prior written consent.
11 EXCLUSIONS, LIMITATION OF LIABILITY AND INDEMNITIES.
11.1 Exclusions. All implied terms, conditions, warranties, representations or endorsements whatsoever with regard to the FitSteps course, the Website or any information or service provided through the Website are strictly excluded by us to the fullest extent possible under the laws of England and Wales.
11.2 Limitation of liability. IN RELATION TO YOUR ENROLMENT ON THE FITSTEPS™ COURSE AND ON-GOING FITSTEPS™ MEMBERSHIP, 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 THE WEBSITE OR ITS CONTENTS, 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 FITSTEPS OR OUR SERVANTS, AGENTS OR ANY OTHER PERSON. WITHOUT PREJUDICE TO THE FOREGOING, IF WE ARE LIABLE TO YOU FOR ANY REASON, OUR LIABILITY WILL BE LIMITED TO THE AMOUNT PAID BY YOU TO DATE FOR THE FitSteps COURSE ON WHICH YOU ARE ENROLLED AND AS A RESULT OF WHICH FITSTEPS 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.
11.3 Indemnity given by you. You agree to indemnify, defend and hold FitSteps and its agents harmless against any and all loss, liability, damage, cost or expense (including without limitation legal fees and disbursements) suffered by FitSteps and/or its agents arising out of or connected in any way with by reason of your breach of any of your obligations, representations or warranties given under these T&Cs.
11.4 Liability for your acts and omissions. You acknowledge that you shall be responsible for your acts, omissions, errors or neglect when performing, conducting, teaching or instructing material you may have learned through the Website and shall maintain public teacher liability insurance cover as appropriate for your business and professional qualifications.
12.1 The Enrolment Fee is subject to change in our sole discretion and without prior notification to you. Please review the checkout page to confirm the Fee before providing payment. The Membership Fee is subject to change in our sole discretion. We will provide you thirty days’ advance notice of any change to your monthly Membership Fee. If you do not agree to the new Membership Fee, please cancel your Membership. PAYMENTS BY CREDIT CARDS AND DEBIT CARDS We reserve the right to request additional evidence or proof of billing information or other information associated with the credit or debit card account used to make payments on the Website. In the event that the requested evidence or proof is not provided or is insufficient, we reserve the right to refuse to process the payment information. If you believe your credit or debit card might have been used in a fraudulent manner on the Website, please contact us.
13.1 Altering these T&Cs. We may alter these T&Cs from time to time and post the new version on the Website, following which the updated version of the T&Cs shall apply. You must check the T&Cs on the Website regularly. We will provide prominent advance notice of any material changes. If you do not agree to any of the changes made, please do not continue to use the Website or the service.
13.2 Entire agreement. These T&Cs, together with your enrolment application, are your whole agreement in relation to any service you obtain from FitSteps via the Website. You acknowledge that you have not entered into these T&Cs in reliance upon any warranty or representation made by FitSteps 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 these T&Cs and/or the registration form.
13.3 Illegality and severance. If any provision or term of these T&Cs shall become or be declared illegal, unlawful, invalid or unenforceable for any reason whatsoever, such term or provision shall be divisible from the other T&Cs and shall be deemed to be deleted from them.
13.4 Governing law and jurisdiction. These T&Cs and your use of our Website are governed by English law and you submit to the exclusive jurisdiction of the English court.
13.5 Force majeure. FitSteps will not be held liable for any failure to perform any obligation due to causes beyond its reasonable control.
13.6 No waiver. Failure by either party to exercise any right or remedy under this agreement does not constitute a waiver of that right or remedy.
13.7 Notices. All notices shall be given (i) to us via e-mail at [email protected] or (ii) 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. T&Cs last updated on 18/01/2017