1 Introduction

1.1 Please read these terms and conditions carefully.  We are Academy One with the registered office at Citywest Health & Leisure Club, Saggart, Co Dublin. These terms and conditions tell you information about us and the legal terms and conditions on which you will be entering a contract to purchase our Course Materials by enrolling on one or more of our courses or modules (’Enrol’) and to use our website thefitnessacademyonline.com. By Enrolling you will be granted access to digital content and/or services relating to the course/s on which you Enrol (‘Course Materials’). By accessing the Course Materials you are giving your express consent for the service to commence immediately and you acknowledge that you will immediately lose the right to cancel your Enrolment. We suggest that you print a copy of these terms and conditions for future use.  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 agreeing to Enrol you are agreeing to enter into a serious financial commitment. Academy One strongly recommends that prior to Enrolment you satisfy yourself you fully understand and are able to comply with that commitment. 

1.2 If you have opted to pay fees by instalments you may be able to cancel your right to pay by instalments but you will remain committed to pay any and all outstanding fees.  If you access Course Materials you acknowledge that you will immediately lose the right to cancel your Enrolment. Please see paragraph 4 below and your credit agreement if paying by instalments. If there is anything you are unclear about or if you have any questions, please contact us immediately by telephone or e-mail, details of which can be found in the Contact section of our website.

1.3 If you are making a block Enrolment for undesignated places and intend to designate named participants to access Course Materials as part of that block Enrolment, the entity making that block Enrolment will be primarily responsible to Academy One under these terms and conditions. Individual designated participants will be required to agree to those paragraphs of the terms and conditions that are relevant to their participation. Once a place has been designated to a participant and that participant accesses the Course Materials, the place can only be transferred to another participant upon written request and at Academy One’s sole discretion. Academy One is under no obligation to transfer a place to another participant. As appropriate and as the context may require references to “prior to Enrolment” may be deemed to mean “prior to commencing a course” and references to “you” may be deemed to mean the entity making the block booking and/or the individual undertaking the course.”

1.4 Without prejudice to the above, by Enrolling, or using or accessing our website, you agree to be legally bound by these terms and conditions.

1.5 If you do not wish to be bound by these terms and conditions, then you may not Enrol or use our website.

2 Nature of Our Website

2.1 Our website is a place for you to Enrol.  Details of the current courses and fees you will be required to pay are shown on our website.  Our fees may change at any time, but the price changes will not affect any courses on which you are already Enrolled. Terms and conditions that are specific to ordering goods other than Course Materials can be found under “Terms of Use” in our web shop and on the homepage under “More” entitled “Goods Terms and Conditions”.

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 Enrol. Academy One 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. Paragraph 3.5 below contains further details that apply to prospective students aged 16-18.

3. Enrolment and Fees

3.1 You will need to follow the procedures set out on our website or instructed by us to Enrol.

3.2 Details of fees and the procedures for payment (including the deposit applicable where fees are payable under the methods described in 3.3.2 and 3.3.3 below) are displayed on our website. By Enrolling you are agreeing to be responsible for the payment of the applicable fees in full.

3.3 Academy One is entitled to refuse any Enrolment application made by you or on your behalf. If your application is accepted, Academy One’s acceptance of your application to Enrol will be notified to you by Academy One electronically (“the Enrolment Notification”). This will normally happen when arrangements for full payment for the Course Materials by one of the methods referred to in 3.3.1–3.3.2 below have been made by you or on your behalf and been confirmed as satisfactory by Academy One or any third party acting on our behalf, and at that time the contract between us will come into force immediately. 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:-

3.3.1 cleared funds for payment in full for the Course Materials ; or
3.3.2  Where we have agreed that you may pay by instalments, you will be required to enter into a credit agreement with us or the approved third party lender, whatever the case may be, relating to those arrangements.  A pro forma sample credit agreement can be found here.

In certain limited circumstances where you are proposing to make payment by the methods referred to in 3.3.2 above, we may (at our sole discretion upon your request) send out the Enrolment Notification and allow you to access Course Materials before the financial arrangements have been finalised and/or before we have received a deposit. Under these circumstances you agree to take all necessary steps to apply for, secure and finalise your financial arrangements as soon as possible. In the event that you fail to secure financing, you warrant and represent that you will be personally and fully responsible for all the fees relating to the Course Materials and any optional modules on which you have Enrolled. It is recommended that you do not access the Course Materials until full financing is in place and that you secure financing within 14 days from the date we send out the Enrolment Notification.

3.3 If you are aged between 16 and 18 when you Enrol, you will need a third party such as a parent or guardian to stand as your guarantor for the obligations that you will be entering into. You are required to give the name and address of your proposed guarantor in your application to Enrol. Academy One will write separately to your nominated guarantor who will be required to confirm to us in writing that they are prepared to stand as your guarantor. On receipt of the appropriate confirmation of guarantee and payment (as explained in 3.1 & 3.2 above), an Enrolment Notification will be sent to you and a copy to your guarantor. Until this happens Academy one is under no obligation to you to provide access to Course Materials.

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 in your application to Enrol and ensure Academy One is provided with written confirmation (e.g. a purchase order) from such third party confirming that they are paying your fees. On receipt of the appropriate confirmation of guarantee and payment (as explained in 3.3 above), an Enrolment Notification will be sent to you and to the third party who is responsible for your fees. Notwithstanding any third party agreeing to and/or actually paying any of your fees, you remain personally and fully responsible for the balance (if any) in the event of failure on the part of the third party to pay.

In certain limited circumstances where the third party is proposing to make payment by the method[s] referred to in 3.3.2 above, we may (at our sole discretion upon your request) send out the Enrolment Notification and allow you to access Course Materials before the financial arrangements have been finalised and/or 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 Materials. It is recommended that you do not access the Course Materials until full financing is in place and that you secure financing within 14 days from the date we send out the Enrolment Notification.

3.5 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.

3.6 Academy One reserves the right to require you to provide any additional information that it may deem necessary in order to authorise your Enrolment.

3.7 You recognise that if payment for the Course Materials is not made by the due date for payment, it will result in the matter being referred to a third party debt collection service for recovery of the outstanding debt. If so, you agree to indemnify Academy One against the costs Academy One incurs in referring the matter to the Collection Service to pursue the debt, including the Collection Service’s current applicable fees for writing to you, any commission or fees payable by Academy One to the Collection Service.

4 Withdrawal and Access to Course Materials

4.1 Upon Enrolment you will be granted access to Course Materials.

4.2 On condition that you have not accessed the Course Materials  you may withdraw from a course  for any reason (including if you simply change your mind) within 14 days of us (or an agent acting on our behalf) sending the Enrolment Notification. Your ability to withdraw from a course expires after this period or on the date within this period that you access the Course Materials, as more particularly described below. To withdraw, you must notify us in writing using the cancellation form here or on other durable and recordable medium (including e-mail) within those 14 days. In circumstances where we have not received your cancellation 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 full refund from Academy One in respect of the course you have withdrawn from. This will be paid as soon as possible, but in any event within 14 days of receipt of your cancellation notification.

The right to withdraw within 14 days of the Enrolment Notification being sent as referred to above does not apply once you access any part of the Course Materials (including the introductory module) or area of the website that is only available to Enrolled students.  You agree and understand that your cancellation rights will end on the expiry of 14 days from the Enrolment Notification or as soon as you access the Course Materials or any area of the website that is only available to Enrolled students (whichever is the first to occur).

4.3 Following the expiration of 14 days from the date on which Academy one (or our agent) has sent the Enrolment Notification or the date within this 14 day period that you access the Course Materials, no refunds under any circumstances (including but not limited to pregnancy, illness, injury, relocation or any other change in personal circumstances) will be given and the obligation to make outstanding payments, whether or not they have yet fallen due, will not be cancelled. The facility of paying for Course Materials by instalments is offered to assist you spread your expenditure only. If you Enrol on a course consisting of two or more modules, commencement of the first module is deemed commencement of the whole course and you will be responsible for full payment of the Course Materials you have purchased.

4.4 When you are paying for Course Materials by instalments, access will only be given to Course Materials on condition that all due instalment payments have been made to date in accordance with the payment schedule. If for any reason payments as outlined in any payment schedule are not received by Academy one (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 Course Materials will be denied. Under these circumstances Academy One will no longer be under any obligation to you. No refund will be given of the initial deposit or any payments made up to the date you breach the payment schedule. All outstanding payments (including those that have not yet fallen due) will become payable immediately by you and Academy one will take any action required to reclaim such outstanding payments plus any fees related to your default charged to Academy one by third parties (including chargeback fees levied by your credit card company for retrieving payments you have made to us).

4.5 To cancel a credit agreement with Academy One (as opposed to a credit agreement with a third party lender), you must notify Academy one in writing using the cancellation form here or on other durable and recordable medium (including e-mail) within 14 days of the Enrolment Notification. If you enter into a credit agreement with an approved third party lender, they will provide you with a copy of the credit agreement, and instructions on how to cancel it with them, including a cancellation form. Cancellation of a credit agreement with an approved third party lender is also only possible if the cancellation request is received by them within 14 days of the Enrolment Notification. In circumstances where you have accessed the Course Materials relating to a particular course and you cancel the credit agreement within 14 days of the Enrolment Notification, you will become responsible for full payment of the relevant course fees immediately and in their entirety and will lose the ability to pay by instalments. Withdrawing from the credit agreement does not cancel your contract for the purchase of Course Materials. You agree and understand that your right to cancel your credit agreement will end on the expiry of 14 days from the Enrolment Notification.

5 Computer Specification, Software Support and Alterations to the Website, Courses and the Awarding Body

5.1 You are responsible for ensuring you have suitable internet connectivity and download speed, and for providing and maintaining suitable computer equipment, communications equipment and software (including software updates if required) necessary to gain access to thefitnessacademyonline.com and the Course Materials. Upon request, Academy one will provide you with a list of free software that you will need to access the Course Materials and that you can install prior to Enrolling so that you can test the suitability of the computer, equipment and software you will be using.

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, Academy one is not responsible for this and no refund of fees will be given in these circumstances.

5.3 Academy One does not provide software, hardware, or internet support and this is for you to arrange with your own providers. Academy One is not responsible for any technical problems you encounter with software, hardware or the internet when accessing Course Materials and no refund of fees will be given in these circumstances.

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 or its successor.

Unless stated otherwise, any new features including new content, and/or the availability of new courses or modules shall be subject to these Terms and Conditions.

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 Academy one may disclose to third parties, on an anonymous basis, certain aggregate information contained in your registration application.Academy One 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.Academy One 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 Academy One 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 Academy One 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 e-mail us at info@academyone.ie

7 Assessment Booking, Training Day Bookings and Classroom Teaching

7.1 Certain training days are optional and payment of an additional fee is required before you can book a place on them.  Booking on a specific assessment day or training day is only possible once you have fully completed the prerequisite theory module/s. Bookings are taken on a first come, first served basis and once an assessment day or training day has reached maximum capacity, no more bookings for the assessment day or training day will be taken. Booking onto an assessment day is not automatic and each student  is required to book once they have successfully completed the pre-requisite theory module/s. Academy one accepts no responsibility for any student who fails to book the assessment day or training day they wish to attend. All bookings 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/s.

7.2 Depending on the course on which you have Enrolled, you will be required to bring one or more friends to your practical assessment to participate in a practical session and act as “mock students”. Academy one accepts no responsibility for such people and they will be attending entirely at their own risk. Please contact us for more information.

7.3 If you wish to change the date of your assessment day or training day, you must contact us at least 14 days prior to the assessment day or training day date. After this time no refund or transfer to another assessment day or training day will be granted.

7.4 If you fail to attend an assessment day or training day you have booked, a deferral for that module will be recorded. No refund or transfer to another assessment day or training day will be granted without additional charge.

7.5 Academy One reserves the right to change and/or cancel the dates and venues for assessment days 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 assessment day or training day (whatever the case may be) at no extra cost to you. Academy one 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 Academy one has up to date contact details for you.

7.6 Certain modules include distance and classroom-based teaching which are delivered on the same day/s 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 €99 to transfer to an alternative series of dates. Academy One 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 Academy One 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 (which will be notified to the contact point you provided on Enrolment) and you will be able to transfer to the same course at an alternative venue and or date at no extra cost to you.Academy one 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, and you are responsible for ensuring that Academy One has up to date contact details for you.

7.8 You are required to conduct yourself in an appropriate manner at all assessment days and training days. If you behave in a manner which in the opinion of Academy One is threatening, abusive, offensive or otherwise unacceptable, Academy One will have the right to bar you from that and all future assessment days and training days. You will remain liable for all the fees relating to the Course Materials and no refund of fees will be given. If you behave in a manner which, in the opinion of the venue operator in which the assessment day or training day is taking place, is threatening, abusive, offensive or otherwise unacceptable, they will have the right to bar you from that venue. If you are unable or unwilling to travel for whatever reason to an alternative assessment day venue or training day venue at your own cost, you will remain liable for all the fees relating to the Course Materials and no refund of fees will be given.

7.9 In addition to your general responsibility to ensure that you are fit to undertake a course (please see paragraph 11.5), 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 (a copy of which is available in advance on request). 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 day or assessment day, as appropriate. Fees for such training days or assessment days will not be refunded and Academy One 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 days and assessment days which can be physically and mentally demanding. You represent and warrant that you discharge Academy One, 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 Academy one training days and assessment days. This exclusion shall not cover death or personal injury caused by the negligence of Academy one or its employees, agents or sub-contractors.

7.11 You agree that you may be videotaped, audio recorded and photographed by Academy one as part of your training days and assessment days and you consent to Academy one 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 Certificates to show successful completion of a course will not be issued until Academy one (or its agent) has received payment in full for the course for which you are being certificated. The remainder of this paragraph is to be read subject to this condition.

8.2 Certificates and/or eCertificates are issued on successful completion of each certification module. Once all modules in the Academy One course have been completed, the relevant course e-certificate will be sent automatically to the e-mail address that you registered with us. After you have passed all assessments in a course accredited by an awarding body, the awarding body will be notified and they will issue the relevant certificate. Awarding bodies may take up to six months to issue certificates. No refund of fees will be given in these circumstances. Certificates will automatically be issued on successful completion and sent to your postal address.

8.3 In the event that you fail an online theory-based module, no re-enrolment will be required and you may continue to attempt online to successfully complete the module as many times as required.

8.4 Once you have undergone your practical assessment, you may check your progress report on our website by logging into the student area. Your assessment outcome will be posted approximately fourteen (14) days after the assessment date. If you fail a practical assessment or a portfolio assessment, you will need to re-book onto the module prior to being reassessed. This will be charged at the regular booking fee applicable at the time of re-booking.

8.5 All certificates and e-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 Academy One 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 €35 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 Academy One to issue a new certificate, a replacement fee of €35 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 (2) 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 out, in accordance with paragraph 3.3 above. 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 telephone, the student help desk, and or email. Tutor support is not offered via social media.  Students requiring tutor support via the telephone must call the tutor support number found on the website under Contact. Calls made to other Academy one telephone numbers cannot be transferred and messages will not be returned or passed on. Students requiring tutor support via email must email info@academyone.ie Tutor support will operate between the hours of 10.00 a.m. and 6 p.m. (Monday to Friday, excluding Bank holidays and other office closures as advertised by Academy One) unless prevented for reasons beyond the control of Academy One. Telephone calls may be recorded for training purposes.

9.2 Calls via Academy One's numbers are charged at standard number national rates.

9.3 Academy One reserves the right to discontinue tutor support or to change the level of support including but not limited to costs, hours and method of service.

9.4 Whilst receiving tutor support, you are required to conduct yourself appropriately. If you behave in a manner which in the opinion of Academy One is threatening, abusive, offensive or otherwise unacceptable, Academy One will have the right to bar you from all future tutor support. You will remain liable for all the fees relating to the Course Materials and no refund of fees will be given.

10 Security and Data Protection

10.1 Access to and use of the Academy One website 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 our website. You may not share these with or transfer them to any third parties. You must notify Academy One immediately of any unauthorised use of them or any other breach of security regarding our website that comes to your attention.

10.2 Academy One is registered under the Data Protection Act 1998 and complies with the Act and the data protection principles. You consent to Academy one processing your Personal Information for administrative, legal and management purposes. You consent to us making such information available to other companies within the Academy One group, our advisers and regulatory authorities. We do not disclose your information to third parties except as described. We will use your Personal Information to provide the Course Materials to you and to process your payment for such Course Materials.  We will also inform you about similar products or services that Academy One provides but you may stop receiving these at any time by contacting Academy One. If you need to correct any information we are holding, please contact us by telephone, e-mail or post.

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. Academy One grants you a limited, non-exclusive and non-transferable licence to use graphic files, audio files, video files, text, hyperlinks, interlinks, search engines and other software associated with the Course Materials during the period you are enrolled on a course or module. You represent and warrant that you will not knowingly do anything that may prejudice Academy one’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 Academy One against any damage (including costs on an indemnity basis) which Academy One 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 Ireland. Where content published on the website is supplied by third parties (including material put up on our website by Academy One students), 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 Academy One has created.

11.4 The website and Course Materials are provided on an “as is” basis and should the Course Materials or other services provided by Academy One prove defective and/or cause damage to your computer or inconvenience to you, you and not Academy One shall assume the entire cost and all damages which may result from any and all such defects. 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 Academy One.

You understand that undertaking our courses 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 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 Irish law.

11.8 Certain Course Materials require a public performance licence to use them publicly. If you use one of these Course Materials publicly you warrant that:-

Either

• you hold a valid public performance licence in respect of the public performance of the sound recording as an accompaniment to exercise classes and you will continue to hold such licence throughout the period of your use of the Course Materials;
  or

• you are in possession of a written undertaking from the owner of the venue at which you will be using the Course Materials that the owner holds a public performance licence in respect of the public performance of the sound recording as an accompaniment to exercise classes at the venue at which you will be using the Course Materials and that such owner will continue to hold such licence throughout the period of your use of the Course Materials.

You agree to fully indemnify Academy One 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 Academy One 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 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 is personal to you and it is not possible to transfer your Enrolment to another course or any other person unless at Academy One’s sole discretion you are given express consent in writing to do so by Academy One. In such cases additional transfer fees may apply. Academy One is under no obligation to transfer your Enrolment to another course or any other person.

13 Linking and Use of Cookies

13.1 Linked Sites
Academy One makes no representations whatsoever about any other websites which you may access through our website or which may link to our website. When you access any other website you understand that it is independent from Academy One and that we have no control over the content or availability of that website. In addition, a link to any other site does not mean that Academy One endorses or accepts any responsibility for the content, or the use of such a website and shall not be liable for any loss or damage caused or alleged to be caused by or in connection with use of or reliance on any content, goods or services available on or through any other website or resource. Any concerns regarding any external link should be directed to its website administrator or web master.

13.2 No Linking to or Extraction of Data or Other Information from Academy One Site

Any linking to, deep linking to, or extraction from the Academy One website without the written consent of Academy One in hard copy with original signature by a director of Academy One is strictly prohibited.

13.3 Liquidated Damages
Without prejudice to the generality of sub-paragraph 13.2, any third party contravening the provisions of sub-paragraph 13.2 shall be liable for liquidated damages to Academy One for the aggregate of twice the value of any services sold as a result of such unauthorised activity and all costs incurred by Academy One whatsoever in researching and dealing with the relevant breach of these terms and conditions.

13.4 Use of Cookies
As a result of viewing this website, some information may become stored on your computer. This information may be in the form of a ‘cookie’ or similar file which may help Academy One in many ways; for instance, to improve the content of the website or to improve the matching of users’ interests or preferences. If you do not want a cookie to be stored on your computer, most Internet browsers have functions to erase cookies from the computer’s hard drive or to block all cookies or to receive a warning before a cookie is stored. You are welcome to use such facilities to prevent the installation of any cookie but by accessing our website you consent to Academy One’s use of any information gathered for the purposes mentioned above.

14 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 website and its server are free of computer viruses or other harmful mechanisms. Academy One can accept no liability for our website’s unavailability or any errors or viruses that it can contain and you accept that in any such occurrence of these you will remain liable for all the fees relating to the Course Materials and no refund of fees will be given. 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.

15 Liability

15.1 Academy One’s Warranties
All implied terms, conditions, warranties, representations or endorsements whatsoever with regard to the courses or modules, our website or any information or service provided through our website are strictly excluded to the fullest extent possible under the laws of Ireland. We will do our best to ensure that all Course Materials and information published on our website are accurate, but please note that all Course Materials and information on our website are provided on an ‘as is’ basis.

15.2 Exclusion of Liability
In relation to your Enrolment on any Academy One 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 and participation in an Academy One 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 Academy One or our servants, agents or any other person.

You agree to indemnify and hold Academy One harmless against any and all loss, liability, damage, cost or expense (including without limitation legal fees and disbursements) suffered by Academy One arising out of or connected in any way with any claim asserted or proceedings commenced by any third party against Academy One 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.

15.3 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 Academy One’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.

15.4 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.

15.5 Legal Limitations
The limitations and exclusions in this clause only apply to the extent permitted by applicable law.

16 Notice Board and Chat Room

16.1 You acknowledge that any facility provided by Academy One to enable students to communicate with each other, such as a forum, or chat room on our website, Twitter (or similar facility) or any Academy One-branded pages on social media platforms (together “Sites”), is provided without liability to Academy One.

16.2 It is your responsibility to ensure that any information that you share with other users of any Site is accurate and does not breach any third parties’ rights including trade mark, database rights, copyright or other intellectual property rights, nor is libellous, obscene, menacing, threatening, offensive, abusive, fraudulent, criminal nor infringes the rights of other people, such as privacy rights, or is in any way illegal or unlawful. Bear in mind that the information you upload or send us will be published on our Sites and can be viewed world-wide.

16.3 By uploading or sending us information you waive your moral rights to be identified as the author of it and also give Academy One licence to modify such information. We will assume that any information received is for publication on our Sites and such other use as Academy One, in its absolute discretion, may deem fit upon an exclusive, royalty-free, perpetual basis. We have the absolute right, at our sole discretion, to reject or to remove any information from our Sites.

17 Liability for Teaching

You acknowledge that you shall be responsible for your omissions, errors or neglect when performing, conducting, teaching or instructing material you may have learned through Academy One and shall maintain public teacher liability insurance cover as appropriate for your business and professional qualifications.

18 General

18.1 Alterations
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.

18.2 Entire Agreement
These terms and conditions, together with your registration application, payment method instructions and credit agreement, if any, are your whole agreement in relation to Academy One and any service you obtain from Academy One. You acknowledge that you have not entered into this agreement in reliance upon any warranty or representation made by Academy One 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.

18.3 Illegality
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.

18.4 Jurisdiction
These terms and conditions and your use of our website are governed by Irish law and you submit to the exclusive jurisdiction of the Irish court.

18.5 Causes beyond Control
Academy One will not be held liable for any failure to perform any obligation due to causes beyond its reasonable control.

18.6 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.

18.7 Out-of-court Complaint and Redress Mechanism
If you have a complaint, please write to us by email to info@academyone.ie

18.8 Term of Agreement
The term of your agreement will depend on the period over which you have chosen to undertake the course on which you have Enrolled and the payment method you have chosen.

19 Notices

All notices shall be given:

• to us via e-mail at info@academyone.ie 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.

20 Replacement

These terms and conditions replace all other terms and conditions previously applicable to the use of our website and your Enrolment.