Virgin Active Academy Terms
Welcome to the Virgin Active Academy. If you have any questions about our courses, don't hesitate to get in touch.
VA Academy Course Terms and Conditions
This document (together with the documents referred to in it) sets out the terms and conditions under which we provide various fitness professional qualifications and courses (“courses”) listed on our website www.virginactive.co.uk (the “website”). Please read these terms and conditions carefully before booking any courses from the website. You should understand that by booking any of our courses (“course booking”), you agree to be bound by these terms and conditions.
You should print a copy of these terms and conditions for future reference.
1. Information about us
1.1 The website serves Virgin Active Limited (“we” or “us”).
1.2 Our main business address is Virgin Active, 26 Little Trinity Lane, Mansion House, London, EC4V 2AR (“Mansion House”).
1.3 Our registered office address is 26 Little Trinity Lane, Mansion House, London, EC4V 2AR.
2. Your status
2.1 If you have not entered into a contract for the purposes of your business, trade or profession, you are acting as a consumer.
2.2 If you are a consumer, by placing an order through our website you warrant that:
You are legally capable of entering into binding contracts; and
You are at least 18 years old; and
You do not have an outstanding bad debt with us; and
You have not previously been asked to leave a Virgin Active club; and
You have not previously been asked to leave a course.
3. How the contract is formed between you and us
3.1 Your booking is a request to us to reserve a place for you on a course with a specific start date (“course start date”) and duration, including any optional extras (“course options”) chosen by you. All bookings are subject to acceptance by us. After placing an order, you will receive an email from us acknowledging that we have received and accept your order (the “order confirmation”). The order confirmation shall include a copy of these terms and conditions and the cover sheet (together the “contract”). The contract will only be formed when we send you the order confirmation. By accepting the course start date you hereby accept that delivery of the course may fall outside of 30 days from the date of the order confirmation.
3.2 The contract will relate only to those courses and chosen course options, which we have confirmed we will provide in the order confirmation. The value of the contract will be the sum of the tuition fees and any course options (“course fee”) as stipulated on the cover sheet.
3.3 You warrant that all information provided to us by you for the purposes of the contract is complete and accurate.
4. Fees and payments
4.1 Course fees must be paid in advance in full. For certain courses, there may be an option for you to pay the course fee in instalments.
4.2 If you choose to pay by instalments, the due date for subsequent payments will be set out in the cover sheet.
4.3 The course fee will be as quoted on our website at the time of order, except in cases of error. These prices, where applicable, are inclusive of a sum representing UK VAT.
4.4 Prices are liable to change at any time, but changes will not affect orders in respect of which we have already sent you an order confirmation.
4.5 It is always possible that, despite our best efforts, some of the courses or course options listed on our website may be incorrectly priced. If the correct price for a course or a course option is higher than the price stated on our website, we will normally, at our discretion, either contact you or cancel your order and notify you of such cancellation. Any price paid will be refunded to you but we shall have no liability to you beyond the price paid.
4.6 We are under no obligation to book you on a course at the incorrect (lower) price, even after we have sent you an order confirmation, if the pricing error is obvious and unmistakeable and could have reasonably been recognised by you as a mis-pricing.
4.7 You will be responsible for paying us the fee unless you cancel your course booking within the period of eligibility for a refund as in Clause 5.2.
4.8 Payment by you via our website must be by credit or debit card; we accept most major debit and credit cards. You may contact our Admissions Team (by emailing us at email@example.com or by calling our helpline on +44(0)20 8164 6510) if you wish to pay the course fee by another method.
4.9 The fee includes complimentary club passes, which grant you access to one or more Virgin Active clubs for the duration of your course as stipulated on the cover sheet of this contract. Virgin Active reserves the right to terminate such club access at any time for any reason and in using the club facilities you hereby agree to comply with the Club Rules (as stipulated on our website) and you will be required to sign a Virgin Active health commitment statement upon your visit to a club.
5. Cancellation of course booking
5.1 You may cancel a course booking at any time.
5.2 If you are acting as a consumer, and you cancel the course booking within 14 calendar days of receiving your order confirmation without giving any reason, you are entitled to a full refund of the price paid. If you are not acting as a consumer, the normal refund policy provisions shall apply.
5.3 Cancellations and refunds in circumstances outside those described in Clause 5.2, and/or following the expiry of the 14-day cancellation period, are subject to the terms and conditions as set out in our FAQs (fee information and/or refund policy). For the avoidance of doubt, the cancellation period will expire after 14 days from the date of the order confirmation.
5.4 To cancel a course booking, you must inform us by calling our helpline on +44(0)20 8164 6510 or let us know of your decision to cancel the contract by emailing firstname.lastname@example.org or in writing to the following postal address: Virgin Active ACADEMY, Mansion House, 26 Little Trinity Lane, London EC4V 2AR. To meet the cancellation deadline you must send your communication concerning exercising the right to cancel before the cancellation period has expired.
5.5 We will make any refund due using the same means of payment as you used for the initial transaction.
5.6 If you requested to begin performance of the contract during the cancellation period (i.e. if the course commences during the 14-day cancellation period or if you access the course materials via our online course spaces, i.e. via our virtual learning environment), in this instance you will still have the right to cancel, but you must pay for the value of the service that was provided to you up to the point you cancel. For example, if you buy a course and then change your mind within the 14-day time period, you may be refunded a proportionate sum but could be charged for any admin or materials costs and the amount of teaching time you used.
5.7 If the course is provided in full within 14 days, your right to cancel will be lost during the cancellation period if the course is provided in full before the 14 days elapse.
5.8 Any cancellation of a course will automatically cancel any associated complimentary access to any Virgin Active club(s).
6. Our refunds policy and cancellation by us
6.1 We reserve the right to cancel a course by giving you notice in writing in accordance with Clause 10-11, at any time up to the day before the course start date. If we cancel a course before the course start date, you will be eligible for a full refund of the course fee. We may also offer a transfer to another course as an alternative, subject to payment or refund of any difference in course fee. You are strongly advised to take out insurance against cancellation if your travel costs are likely to be substantial.
6.2 We will process any refund due to you as soon as possible and, in any case, within 28 days of the day a cancellation notice is given to you or us in accordance with these terms and conditions. The refund will be made using the same method of payment that you originally used to make your course booking unless otherwise expressly agreed with you. In any event, you will not incur any fees as a result of this reimbursement.
6.3 We will make all reasonable efforts to deliver the course as outlined on our website and in any brochure or published material. However, we reserve the right to:
Alter the timetable, location or presenters specified for a course; and/or
Make reasonable amendments to the content and syllabus of a course, when necessary.
6.4 We reserve the right to cancel your course booking in our absolute discretion, and refund all fees paid by you, irrespective of whether the course itself is to proceed, without any further liability on our part.
6.5 We also reserve the right to exclude you from any course after its commencement if in our absolute discretion we consider that you are impeding the provision of the course or other of our activities, or your presence is causing distress to a member of our staff, or you are bringing or threatening to bring Virgin Active or any part of its group into disrepute. In these circumstances, we will not refund fees paid by you nor will we have any further liability to you in respect of such termination or exclusion.
7. Our liability and intellectual property
7.1 Our liability for losses you suffer as a result of us breaking this agreement is strictly limited to the course fee you paid.
7.2 This does not include or limit in any way our liability:
For death or personal injury caused by our negligence;
Under section 2(3) of the Consumer Protection Act 1987;
For fraud or fraudulent misrepresentation; or
For any matter for which it would be illegal for us to exclude, or attempt to exclude, our liability.
7.3 We are not responsible for indirect losses which happen as a side-effect of the main loss or damage including but not limited to:
Loss of income or revenue;
Loss of business;
Loss of profits or contracts;
Loss of anticipated savings;
Loss of data; or
Waste of management or office time however arising and whether caused by tort (including negligence), breach of contract or otherwise provided that this Clause 7.3 shall not prevent claims for loss of or damage to your tangible property that fall within the terms of Clause 7.1 or 7.2 or any other claims for direct financial loss that are not excluded by any of categories (i) to (vi) inclusive of this Clause 7.3.
7.4 Nothing in these terms and conditions shall give you any right or other licence to copy or otherwise use or exploit in any way any intellectual property contained in the content of any course provided to you in accordance with these terms and conditions, unless expressly specified prior to order.
7.5 We grant you a limited licence to access and use the content located via the course and/or on the website in connection with the course you are enrolled in. As a condition of such licence, you agree that:
All materials – including but not limited to text, photographs, video, audio, images and any other content – appearing via the course and/or on the website are protected by copyrights and/or other proprietary rights belonging to us and/or other third parties. You agree to abide by all applicable laws regarding copyrights, trademarks, publicity rights and privacy rights in the UK and any other jurisdiction from which you are accessing the website.
You may not copy, reproduce, duplicate, distribute, disseminate, publish, post, display, perform, modify, create derivative works from, upload to, transmit, or in any way exploit any content from the course and/or on the website. You may not sell or offer for sale any of the content, or allow third parties to access it, or use such content to construct any kind of database. You may use the content from the course and/or on the website only for personal, non-commercial use.
Any violation of these terms may result in your expulsion from the course and/or any Virgin Active club(s), and you may be subjected to fines and/or penalties.
7.7 We make no claim that the course content is appropriate for any particular purpose or audience, or that it may be downloaded outside of the United Kingdom.
8. Data protection
9. Technology requirements
9.1 Parts of the course may be facilitated through an online learning management system. It is your responsibility to ensure that you have the proper hardware and software requirements, along with access to Wi-Fi, to be able to participate in the course. You will need to ensure you have the proper technology at the time of registration as will be provided with the registration details.
9.2 We are not responsible for any errors or failures in relation to your ability to access the course, the website or any related materials, including where such errors or failures are caused by: (i) a loss of connection; (ii) a breakdown or problems with the online software and/or (iii) a breakdown or problems with your internet connection, computer or system.
10. Written communications
Applicable laws require that some of the information or communications we send to you should be in writing. When using our website, you accept that communication with us will be mainly electronic. We will contact you by email or provide you with information by posting notices on our website. For contractual purposes, you agree to this electronic means of communication and you acknowledge that all contracts, notices, information and other communications that we provide to you electronically comply with any legal requirement that such communications be in writing. This condition does not affect your statutory rights.
All notices given by you to us must be sent to us by emailing email@example.com or by delivering to The General Manager, Virgin Active ACADEMY, Mansion House, 26 Little Trinity Lane, London EC4V 2AR. We may give notice to you at either the email or postal address you provide to us when placing an order. Notice will be deemed received and properly served immediately when posted on our website, 24 hours after an email is sent, or three days after the date of posting of any letter. 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. Transfer of rights and obligations
12.1 The contract between you and us is binding on you and us and on our respective successors and assigns.
12.2 You may not transfer, assign, charge or otherwise dispose of a contract, or any of your rights or obligations arising under it, without our prior written consent.
12.3 We may transfer, assign, charge, sub-contract or otherwise dispose of a contract, or any of our rights or obligations arising under it, at any time during the term of the contract.
13. Events outside our control
13.1 We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under a contract that is caused by events outside our reasonable control (force majeure event).
13.2 A force majeure event includes any act, event, non-happening, omission or accident beyond our reasonable control and includes in particular (without limitation) the following:
Strikes, lock-outs or other industrial action.
Civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war.
Fire, explosion, storm, flood, earthquake, subsidence, pandemic, epidemic or other natural disaster.
Impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport.
Impossibility of the use of public or private telecommunications networks.
The acts, decrees, legislation, regulations or restrictions of any government.
13.3 Our performance under any contract is deemed to be suspended for the period that the force majeure event continues, and we will have an extension of time for performance for the duration of that period. We will use our reasonable endeavours to bring the force majeure event to a close or to find a solution by which our obligations under the contract may be performed despite the force majeure event.
14.1 If we fail, at any time during the term of a contract, to insist upon strict performance of any of your obligations under the contract or any of these terms and conditions, or if we fail to exercise any of the rights or remedies to which we are entitled under the contract, this shall not constitute a waiver of such rights or remedies and shall not relieve you from compliance with such obligations.
14.2 A waiver by us of any default shall not constitute a waiver of any subsequent default.
14.3 No waiver by us of any of these terms and conditions shall be effective unless it is expressly stated to be a waiver and is communicated to you in writing in accordance with Clause 11.
If any of these terms and conditions or any provisions of a contract are determined by any competent authority to be invalid, unlawful or unenforceable to any extent, such term, condition or provision will to that extent be severed from the remaining terms, conditions and provisions which will continue to be valid to the fullest extent permitted by law.
16. Entire agreement
16.1 These terms and conditions and any document expressly referred to in them represent the entire agreement between us in relation to the subject matter of any contract and supersede any prior agreement, understanding or arrangement between us, whether oral or in writing.
16.2 We each acknowledge that, in entering into a contract, neither of us has relied on any representation, undertaking or promise given by the other or be implied from anything said or written in negotiations between us prior to such contract except as expressly stated in these terms and conditions.
16.3 Neither of us shall have any remedy in respect of any untrue statement made by the other, whether orally or in writing, prior to the date of any contract (unless such untrue statement was made fraudulently) and the other party's only remedy shall be for breach of contract as provided in these terms and conditions.
17. Our right to vary these terms and conditions
17.1 We have the right to revise and amend these terms and conditions from time to time.
17.2 You will be subject to the policies and terms and conditions in force at the time that you order from us, unless any change to those policies or these terms and conditions is required to be made by law or governmental authority (in which case it will apply to orders previously placed by you).
18. Law and jurisdiction
Contracts for the purchase of courses through our website and any dispute or claim arising out of or in connection with them or their subject matter or formation (including non-contractual disputes or claims) will be governed by English law. Any dispute or claim arising out of or in connection with such contracts or their formation (including non-contractual disputes or claims) shall be subject to the exclusive jurisdiction of the courts of England and Wales.
Should you have any queries on the terms and conditions, please contact the Academy Department on firstname.lastname@example.org