Terms & Conditions
These terms and conditions apply to Services provided by Diverse Trainers Limited (company number 8191324)) of Office 2 Sandbank Estate, Cumeragh Lane, Longridge, Lancashire, PR3 2AJ (“Diverse” or “we” or “us”).
These terms and conditions apply to all Services we provide. Please read these terms and conditions carefully before purchasing. If there is any conflict between these terms and conditions and any specific terms which might apply to a specific course, then the course specific terms shall apply. If you do not agree to these terms and conditions you must cease to continue to purchase any Services from us. Purchasing any of our Services, will be deemed as conclusive acceptance of these terms and conditions. If you purchase Services by telephone, you shall be directly referred to these website terms and conditions and by providing payment for the Services you will be deemed to have accepted these terms and conditions.
“Course Materials” means the information provided by Diverse to accompany a course provided as part of the Services whether in hard copy, electronic form or digital form.
“Services” means the provision of personal training courses by Diverse via online modules and/or training courses and/or the use of Course Materials, together with such other services as shall be agreed from time to time.
1. OUR TERMS
1.1What these terms cover. These are the terms and conditions on which we supply the Services to you.
1.2 Why you should read them. Please read these terms carefully before you submit your order to us. These terms tell you who we are, how we will provide Services to you, how you and we may change or end the contract, what to do if there is a problem and other important information. If you think that there is a mistake in these terms, please contact us to discuss
1.3 Are you a business customer or a consumer? In some areas you will have different rights under these terms depending on whether you are a business or consumer. You are a consumer if: You are an individual and you are buying the Services from us wholly or mainly for your personal use (not for use in connection with your trade, business, craft or profession).
1.4 If you are a business customer this is our entire agreement with you. If you are a business customer these terms constitute the entire agreement between us in relation to your purchase. You acknowledge that you have not relied on any statement, promise, representation, assurance or warranty made or given by or on behalf of us which is not set out in these terms and that you shall have no claim for innocent or negligent misrepresentation based on any statement in this agreement.
2. INFORMATION AND HOW TO CONTACT US
2.1 Who we are. We are Diverse Trainers Limited a company registered in England and Wales. Our company registration number is 8191324 and our registered office is at Office 2 Sandbank Estate, Cumeragh Lane, Longridge, Lancashire, PR3 2AJ. Our registered VAT number is 226165519.
2.2 How to contact us. You can contact us by telephoning our customer service team at 01772 910935, or by emailing us at email@example.com.
2.3 How we may contact you. If we have to contact you, we will do so by telephone or by writing to you at the email address or postal address you provided to us in your order.
2.4 “Writing” includes emails. When we use the words “writing” or “written” in these terms, this includes emails.
3. OUR CONTRACT WITH YOU
3.1 How we will accept your order. Our acceptance of your order will take place when we email you to accept it, at which point a contract will come into existence between you and us. For telephone orders, you will be notified of our terms and conditions on the call, and we shall confirm your acceptance of the terms and conditions by email.
3.2 If we cannot accept your order. If we are unable to accept your order, we will inform you of this in writing and will not charge you for the product. This might be because the software is temporarily unavailable, because of unexpected limits on our resources which we could not reasonably plan for, because a credit reference we have obtained for you does not meet our minimum requirements, because we have identified an error in the price or description of the Services, because we are unable to meet a delivery deadline you have specified, or because you have selected Services for which you do not have the requisite experience or qualification level.
3.3 Your order number. We will assign an order number to your order and tell you what it is when we accept your order. It will help us if you can tell us the order number whenever you contact us about your order.
3.4 Our agreement. On acceptance of your order, we agree to provide the Services with reasonable skill and care in accordance with your order provided that you make the necessary payments relating to your order. We do not make any guarantee that you will obtain a particular outcome or employment opportunity as a result of your order. We will use all reasonable endeavours to provide the Services on the dates and at the times agreed with you, but any such dates are estimates only and failure to perform the Services on the specified dates and at the specified times will not give you the right to terminate your contract. For the avoidance of any doubt, time shall not be of the essence for the purposes of our carrying out the Services pursuant to this contract
3.5 Your responsibilities. It is your responsibility to ensure that:
• You provide us with all accurate information that we request from you in order to provide the Services
• You cooperate with us in all matters relating to the Services and behave in an orderly and respectful manner when participating in any course
• You comply with all applicable laws, including health and safety laws when attending any course
• You arrive promptly when attending a part time or full-time course – in order to prevent disruption to the course teaching and other students, we reserve the right to refuse you entry to your course if you arrive more than 1 hour after the start time of the course
• When carrying out any practice instruction during your course, you inform all participants that you are still in training
• Any participant who you instruct completes and signs the Physical Activity Readiness Questionnaire (PAR-Q) Form prior to instructing the participant in any activity
• Both you and any participant sign the Client Disclaimer form prior to instructing the participant in any activity and return this document to us You agree to indemnify us in respect of any claims or proceeding brought against us, and for any damages, fines, costs, or losses incurred by us arising directly or indirectly from any breach of your responsibilities set out in this clause 3.5. The name you state on your enrolment form will be the default name issued on the relevant certificate following successful completion of your course. Please email firstname.lastname@example.org with any changes to your address or name in writing so we can ensure we have the correct details for your certificates and Course Materials. Please note that you are responsible for updating us with any changes to your personal information. Any amendments you require to your course completion certificate shall incur an administration fee of £30. If you have not informed us of a change of address and the certificate is sent to an old address, or if your certificate is lost or damaged and you request a replacement, we will charge a £30 administration fee to send a further certificate.
4. SERVICES AND DELIVERY
4.1 Venue location. If you order an online course the necessary software will be delivered to you by email. If you select a full-time or part-time course, then you will be asked to choose a venue location. The venue information for all courses and tutor profiles will be correct at the time of placing your order but we reserve the right to make changes to the location and tutors available for your course, prior to the date of your course.
4.2 Delivery. Once payment has been received for your part-time, full-time or online course, enrolment packs will be sent out within 3 working days of our acceptance of your order.
5. YOUR RIGHTS TO MAKE CHANGES
Requesting a change to your order. If you wish to make a change to the date or location of your parttime or full-time course, please contact us by phone or email. We will let you know if the change is possible. If it is possible to make the change, we will inform you that there is a £50 administration fee for a change of course date or location and ask you to confirm whether you wish to go ahead with the change.
6. OUR RIGHTS
6.1 Changes to the full-time or part-time courses. In certain circumstances beyond our control, it may occasionally be necessary to change scheduled course dates and venues. In these circumstances, we will use reasonable commercial endeavours to transfer your booking to the next available course at your preferred venue. If you are unable to attend the next available course at your preferred venue, we will offer you the opportunity to book an alternative course of the same value. If you wish to book a more expensive course, this price difference will need to be paid before we can accept the booking. In the unlikely event that you are unable to attend an alternative course, we shall deal with requests for refunds on an individual basis. We are unable to accept any liability for any costs or losses incurred by you as a result of any such change.
6.2 Changes to terms and conditions. We may need to change our terms and conditions from time to time, for business purposes or due to new legislation. We will notify you of any changes to our terms and conditions that occur during your course participation by email, and by posting a notice on the site specifying the date on which the new terms will go into effect. This date will be at least 14 days following the date of the notice appearing on the site and being sent by email. If you do not agree to the new terms and conditions, please delete your account prior to the date the new terms and conditions come into effect. If you do not delete your account prior to the date of the new terms and conditions coming into effect, then the new terms will apply to your account and course participation going forward.
6.3 Updates to digital content. We may update or require you to update digital content of the online course, provided that the digital content of the online course shall always match the description of it that we provided to you before you bought it.
7. PROVIDING THE COURSE MATERIAL
7.1 Reasons we may suspend the supply of Services to you. We may have to suspend the supply of Services to:
(a) deal with technical problems or make minor technical changes; or
(b) update the course content to reflect changes in industry standards or practice, relevant laws and regulatory requirements;
(c) investigate any unacceptable conduct issues regarding your course participation.
7.2 Your rights if we suspend the supply of the Services. We will contact you in advance to tell you we will be suspending supply of the Services, unless the problem is urgent or an emergency. If we have to suspend the supply of the Services for longer than 30 days, we will adjust the price so that you do not pay for the Services whilst they are suspended. You may contact us to end the contract for the supply of Services if we suspend it, or tell you we are going to suspend it, in each case for a period of more than 30 days and we will refund any sums you have paid in advance for the Services in respect of the period after you end the contract.
7.3 We may also suspend supply of the Services if you do not pay. If you do not pay us for the Services when you are supposed to (see Clause 14.4) and you still do not make payment within 7 days of us reminding you that payment is due, we may suspend supply of the Services until you have paid us the outstanding amounts. We will contact you to tell you we are suspending supply of the Services. As well as suspending the Services we can also charge you interest on your overdue payments (see Clause 14.6).
8. YOUR RIGHTS TO END THE CONTRACT
8.1 Exercising your right to change your mind if you are a consumer (Consumer Contracts Regulations 2013). If you are a consumer, then for most Services bought online you have a legal right to change your mind within 14 days and receive a refund for the part-time or full-time course. You will be refunded within 14 days of us receiving your request for a refund. However, this right to change your mind does not apply to software products such as the online course we provide, once the digital content has begun to be accessed, streamed or downloaded, or the performance of the digital content has started. By providing payment and receiving the digital content to your device you will be deemed to have commenced the accessing, streaming or downloading of the digital content, and you are therefore waiving your right to withdraw from the contract.
8.2 Cancellation due to faulty goods or services. If the digital content we have supplied to you is faulty, you will have a right to cancel your contract. See Clause 12 if you are a Consumer or Clause 14 if you are a business.
8.3 Ending the contract where we are not at fault and there is no right to change your mind. Even if we are not at fault and you are not a consumer who has a right to change their mind (see Clause 8.1), you can still end the contract before it is completed, but you may have to pay us compensation. A contract for goods or digital content is completed when the product is delivered, downloaded or streamed and paid for. A contract for Services is completed when we have finished providing the Services and you have paid for them. If you want to end a contract before your full-time or part-time course is completed where we are not at fault and you are not a consumer who has changed their mind within 14 days, just contact us, by either of the methods set out in Clause 9.1) to let us know. The contract will end immediately and we will refund any sums paid by you for aspects of the course not provided but we will deduct from that refund (or, if you have not made an advance payment, charge you) £100 as compensation for the net costs we will incur as a result of you ending the contract.
9. HOW TO END YOUR CONTRACT WITH US (including if you are a consumer who has changed their mind)
9.1 Tell us you want to end the contract. To end the contract with us, please notify us in writing by:
(a) Email. Email us at email@example.com. Please provide your name, home address, details of the order and, where available, your phone number and email address.
(b) Post. Print off the form in the Schedule of these terms and post it to us at the address on the form.
Or simply write to us at that address, including details of what you bought, when you ordered or received it and your name and address.
9.5 How we will refund you. If you are entitled to a refund under these terms we will refund you the price you paid for the Services including delivery costs, by the method you used for payment within 14 days of the date on which you have notified us of your wish to cancel the contract. However, we may make deductions from the price, as described below.
9.6 When we may make deduction from refunds if you are a consumer exercising your right to change your mind. If you are exercising your right to change your mind, in respect of the part-time and full-time courses, we may deduct from any refund an amount for the supply of the Service for the period for which it was supplied, ending with the time when you told us you had changed your mind. The amount will be in proportion to what has been supplied, in comparison with the full coverage of the contract.
9.7 When your refund will be made. We will make any refunds due to you as soon as possible, but in any event, within 14 days of you telling us that you have changed your mind. Please note that refunds will not be given for orders for digital content as customers are notified at the point of order that in providing payment and receiving the digital content to your device you will be deemed to have commenced the accessing, streaming or downloading of the digital content, and you are therefore waiving your right to withdraw from the contract or claim a refund.
10. OUR RIGHTS TO END THE CONTRACT
10.1 We may end the contract if you break it. We may end the contract for a product at any time by writing to you if:
(a) you do not make any payment to us when it is due, and you still do not make payment within 7 days of us reminding you that payment is due; or
(b) you act in an aggressive, bullying, offensive, threatening or harassing manner towards any employee of Diverse, or any trainer who provides any of our courses or any fellow student;
(c) cheat or plagiarise any work which you are required to prepare or submit in connection with the Services or during any examination taken in connection with the Services;
(d) steal or act in fraudulent or deceitful manner towards us or our employees or any other students who may be on our premises or attending one of our courses;
(e) intentionally or recklessly damage our property or the property of our employees or other students attending our premises or one of our courses;
(f) are intoxicated through alcohol or illegal drugs while on our premises or one of our courses;
(g) commit any criminal offence committed on our premises or where the victim is our employee or student;
(h) act in any other way which may be reasonably considered as poor behaviour or contrary to the interests of Diverse or its other students or reputation; or
(i) are otherwise in breach of these terms and conditions. We have a zero-tolerance policy to any form of abuse towards our staff, by you, or any authorised representative appointed by you (which may include your parents, guardian, partner, spouse, friend etc.). If you or your authorised representative is accused of abusive behaviour towards our staff, we may immediately suspend you from the course whilst we investigate the matter. If we subsequently find you guilty of such behaviour, acting reasonably, we may permanently remove you from the course, terminate this contract and you will forfeit any and all sums you have paid to us up until that date. We further reserve the right to take further legal action against you where we deem it appropriate.
10.2 You must compensate us if you break the contract. If we end the contract in the situations set out in Clause 10.1, we will charge you £100 as compensation for the net costs we will incur as a result of your breaking the contract.
10.3 We may withdraw the provision of the services. We may write to you to let you know that we are going to stop providing the Services. We will let you know at least 1 month in advance of our stopping the supply of the Services and will refund any sums you have paid in advance for Services which will not be provided.
11. IF THERE IS A PROBLEM WITH THE PROVISION OF SERVICES
How to tell us about problems. If you have any questions or complaints about the Services we provide, please contact us. You can telephone our customer service team at 01772 910935 or write to us at firstname.lastname@example.org .
12. YOUR RIGHTS IN RESPECT OF DEFECTIVE PRODUCTS IF YOU ARE A CONSUMER
12.1 If you are a consumer, we are under a legal duty to supply products that are in conformity with this contract. See the box below for a summary of your key legal rights in relation to the products. Nothing in these terms will affect your legal rights. Summary of your key legal rights This is a summary of your key legal rights. These are subject to certain exceptions. For detailed information please visit the Citizens Advice website www.adviceguide.org.uk or call 03454 04 05 06. If your product is goods, for example furniture or a laptop, the Consumer Rights Act 2015 says goods must be as described, fit for purpose and of satisfactory quality. During the expected lifespan of your product your legal rights entitle you to the following:
a) Up to 30 days: if your goods are faulty, then you can get an immediate refund.
b) Up to six months: if your goods can’t be repaired or replaced, then you’re entitled to a full refund, in most cases.
c) Up to six years: if your goods do not last a reasonable length of time you may be entitled to some money back.
See also Clause 8.1.
If your product is digital content, such as our online course, the Consumer Rights Act 2015 says digital content must be as described, fit for purpose and of satisfactory quality:
a) If your digital content is faulty, you’re entitled to a repair or a replacement.
b) If the fault can’t be fixed, or if it hasn’t been fixed within a reasonable time and without significant inconvenience, you can get some or all of your money back
c) If you can show the fault has damaged your device and we haven’t used reasonable care and skill, you may be entitled to a repair or compensation See also Clause 8.1.
If your product is services, for example the part-time or full-time course provision, the Consumer Rights Act 2015 says:
a) You can ask us to repeat or fix a service if it is not carried out with reasonable care and skill, or get some money back if we can’t fix it.
b) If you haven’t agreed a price beforehand, what you’re asked to pay must be reasonable.
c) If you haven’t agreed a time beforehand, it must be carried out within a reasonable time.
13. YOUR RIGHTS IN RESPECT OF DEFECTIVE PRODUCTS IF YOU ARE A BUSINESS CUSTOMER
13.1 If you are a business customer. We warrant that on delivery of the Services, and for a period of 12 months from the date of delivery (warranty period),] any products which are goods shall:
(a) conform in all material respects with their description;
(b) be free from material defects in design, material and workmanship;
(c) be of satisfactory quality (within the meaning of the Sale of Goods Act 1979); and
(d)be fit for any purpose held out by us.
13.2 Subject to Clause 13.3, if:
(a) you give us notice in writing during the warranty period within a reasonable time of discovery that a product or service does not comply with the warranty set out in Clause 13.1;
(b) we are given a reasonable opportunity of examining such product or service; and
(c) you return such product or service to us at our cost, we shall, at our option, repair or replace the defective product, or refund the price of the defective product in full.
13.3 We will not be liable for a product or service’s failure to comply with the warranty in Clause 13.1 if:
(a) you make any further use of such product or service after giving a notice in accordance with Clause 13.2 (a);
(b) the defect arises because you failed to follow our oral or written instructions as to the commissioning, use or maintenance of the product or service or (if there are none) good trade practice;
(d) you alter or repair the product without our written consent; or
(e) the defect arises as a result of fair wear and tear, wilful damage, negligence, or abnormal working conditions.
13.4 Except as provided in this Clause 13, we shall have no liability to you in respect of a product’s failure to comply with the warranty set out in Clause 13.1.
13.5 These terms shall apply to any repaired or replacement products supplied by us under Clause 13.2.
14. PRICE AND PAYMENT
14.1 Where to find the price for the Services. The price of the Services (which includes VAT at the rate applicable at the time of order) will be the price indicated on the order pages when you placed your order. We use our best efforts to ensure that the price of the Services advised to you is correct. However please see Clause 14.3 for what happens if we discover an error in the price of the Services you order.
14.2 Payment plan. Where you purchase our Services under a payment plan with a third party finance provider, full details of the finance arrangements will be provided to you relating to such plan and you will remain directly liable to such provider for all payments agreed pursuant to such third party agreement.
14.3 What happens if we got the price wrong. It is always possible that, despite our best efforts, some of the Services we sell may be incorrectly priced. We will normally check prices before accepting your order so that, where the Service’s correct price at your order date is less than our stated price at your order date, we will charge the lower amount. If the Service’s correct price at your order date is higher than the price stated to you, we will contact you for your instructions before we accept your order.
14.4 When you must pay and how you must pay. We accept payment through Paypal with Visa, Visa Credit. You must pay for all Services at the point when you place an order on our website or by telephone to our contact centre. The following payment options are available:
Option 1 – Full payment
Option 2 – Finance 0% – 10% deposit then the remaining amounts over 6,9,10,12,18 or 24 monthly payments – please note that a credit check will be required for this payment option
Option 3 – Diverse Payment Plan options – monthly payments via GOCARDLESS
If you select the GOCARDLESS option, the monthly amount payable and term for payments will be specified prior to the order being placed. If the direct debit is cancelled and not reinstated within one month, we reserve the right to restrict your access to the Course Materials and pass your details and the debt on to a debt collection agency. Please note that certification will only be provided once your payment plan has been completed.
14.5 No right of set-off if you are a business customer. If you are a business customer you must pay all amounts due to us under these terms in full without any set-off, counterclaim, deduction or withholding (other than any deduction or withholding of tax as required by law).
14.6 We can charge interest if you pay late. If you do not make any payment to us by the due date, we may charge interest to you on the overdue amount at the rate of 8% a year above the base lending rate of the Bank of England from time to time. This interest shall accrue on a daily basis from the due date until the date of actual payment of the overdue amount, whether before or after judgment. You must pay us interest together with any overdue amount.
14.7 What to do if you think an invoice is wrong. If you think an invoice is wrong, please contact us promptly to let us know. You will not have to pay any interest until the dispute is resolved. Once the dispute is resolved we will charge you interest on correctly invoiced sums from the original due date.
15. OUR RESPONSIBILITY FOR LOSS AND DAMAGE
15.1 Liability. Neither Diverse nor our trainers accept any liability for:
(i) any loss or corruption of data resulting from using our online services or any other IT issues resulting therefrom
(ii) any costs, fees or expenses arising directly or indirectly from your taking part in the Services
(iii) any loss of profit, revenue or goodwill, or
(iv) any indirect, special or consequential losses, costs or expenses arising from any breach of the terms of our contract.
15.2 Exclusion of conditions and warranties. Except to the extent that they are expressly set out in these terms and conditions, all other conditions and warranties given by us are excluded to the fullest extent permitted by law.
15.3 Limitation of liability. Subject to clause 15.4 below, and notwithstanding anything to the contrary contained or referred to herein, Diverse’s total liability to you arising from or in connection with the Services (and whether the liability arises as a result of breach of contract, negligence or otherwise) shall be limited to 50% of the payment received by us from you in connection with the relevant Services.
15.4 Limit of exclusion of liability. Nothing in this Agreement shall exclude or limit Diverse’s liability for
(i) death or personal injury caused by negligence,
(ii) fraudulent misrepresentation or
(iii) any other matter which under English law may not be limited or excluded.
15.5 In accordance with clause 3.5, Diverse shall have no liability in respect of any breach of your obligations in clause 3.5.
No subsequent claims. No claim may be brought more than six months after the last date on which the Services concerned have finished or ceased to be provided by us.
15.6 Following completion of your course. You shall be solely responsible for complying with all applicable laws, industry standards and health and safety laws in relation to any services you provide to others during and following completion of your participation in any course provided by Diverse.
15.7 Following termination of your agreement. This Clause 15 shall continue to apply following termination of your agreement with us.
16. HOW WE MAY USE YOUR PERSONAL INFORMATION
17. OTHER IMPORTANT TERMS
17.1 We may transfer this agreement to someone else. We may transfer our rights and obligations under these terms to another organisation. We will contact you to let you know if we plan to do this.
17.2 You need our consent to transfer your rights to someone else. You may only transfer your rights or your obligations under these terms to another person if we agree to this in writing. If you wish us to transfer your course over to another individual a transfer administration fee of £50 per level shall be payable to us if we agree to such transfer. There shall be no obligation on us to agree to such transfer. You will remain liable to pay our fees for the transferred course in the event of the person to whom it has been transferred fails to pay the same to us when due. Transfers of a course will only be considered where all payments due from you to us are up-to-date and the transfer request is placed in writing to our customer accounts department to the email or postal address details stated in these terms and conditions. The student taking over the transferred course may commence the course as soon as the transfer enrolment form is accepted and successfully processed by our customer accounts department. We will notify you and the student taking over the course once we have accepted the transfer. Students who have had courses transferred to them will not be eligible to cancel the course or obtain any refunds.
17.3 Nobody else has any rights under this contract. This contract is between you and us. No other person shall have any rights to enforce any of its terms. Neither of us will need to get the agreement of any other person in order to end the contract or make any changes to these terms. Under no circumstances are you permitted to redistribute or resell any element of the Services or to share your password account details with any third party.
17.4 If a court finds part of this contract illegal, the rest will continue in force. Each of the paragraphs of these terms operates separately. If any court or relevant authority decides that any of them are unlawful, the remaining paragraphs will remain in full force and effect.
17.5 Even if we delay in enforcing this contract, we can still enforce it later. If we do not insist immediately that you do anything you are required to do under these terms, or if we delay in taking steps against you in respect of your breaking this contract, that will not mean that you do not have to do those things and it will not prevent us taking steps against you at a later date. For example, if you miss a payment and we do not chase you but we continue to provide the Services, we can still require you to make the payment at a later date.
17.6 Which laws apply to this contract and where you may bring legal proceedings if you are a consumer. These terms are governed by English law and you can bring legal proceedings in respect of the Services in the English courts. If you live in Scotland you can bring legal proceedings in respect of the Services in either the Scottish or the English courts. If you live in Northern Ireland you can bring legal proceedings in respect of the Services in either the Northern Irish or the English courts.
17.7 Which laws apply to this contract and where you may bring legal proceedings if you are a business. If you are a business, any dispute or claim arising out of or in connection with a contract between us or its subject matter or formation (including non-contractual disputes or claims) shall be governed by and construed in accordance with the law of England and Wales and the courts of England and Wales shall have exclusive jurisdiction to settle any such dispute or claim.
18. OTHER OMNI FINANCE
18.1 By signing this, you confirm that the training services have been commenced with Diverse Trainers in line with the terms of your contract. You will now be responsible for your repayments and the lender (Omni) will now pay the retailer on your behalf for the training services you have now confirmed have been commenced. The lender will send you a reminder of your payment details for your reference. You understand that the lender (Omni) may all you to confirm that you have commenced your training and can be contacted on the contact number provided in your agreement if required.