CIRQLE COURSES LIMITED (“we”, “us”, “our”)
TERMS AND CONDITIONS (“Terms”)
Effective as of 03 January 2021
Please find below our Terms and Conditions. They apply when purchasing a course on our website www.cirqle.co.uk and provide important information for you as a buyer. Read the Terms prior to completing payment to our teacher training course. We recommend that you save these conditions or print them.
2.1 The course is only online learning
2.2 Students are advised to have 1 year of continued and consistent pole fitness practice before they enrol on the teacher training course.
3. WHAT IS INCLUDED/WHAT IS NOT INCLUDED
– Training and assessment by a qualified Professional Trainer
– Online tutorials to deliver the course
– Manuals & course materials
– Digital and printed certificate on successful completion of the course
(Paying the fees does not guarantee you a certificate as you will need to successfully pass all assignments and Certificates will only be issued to those who meet these requirements.)
– Any costs of resitting assessments
4. OUR CONTRACT WITH YOU
4.1 Your agreement with us includes these Terms
4.2 Please ensure that you read these Terms carefully, and check that the details of the booking are complete and accurate.
5. CHANGES TO OUR TERMS
5.1 We may revise these Terms from time to time in the following circumstances:
(a) changes in relevant laws and regulatory requirements;
(b) to reflect changes to our course terms.
6. PROVISION OF THE COURSE
6.1 We will provide the Course Materials to you on the date of purchase and you will receive the link to the Course Tutorials within 24 hours of completing the online payment.
6.2 We will make every effort to provide all necessary materials to you. However, there may be delays due to an ‘Event Outside Our Control’. See clause 10 for an Event Outside Our Control happens.
6.3 In the unlikely event that we need to suspend the course we will contact you to let you know in advance, unless the problem is urgent or an emergency.
6.4 If you do not pay us for the course when it is due and payable, we may suspend your right to attend the course with immediate effect until you have paid us the outstanding amounts.
7. IF THERE IS A PROBLEM WITH THE COURSE
7.1 In the unlikely event that there is any problem with the course:
(a) please contact us and tell us as soon as reasonably possible; and
(b) please give Us reasonable opportunity to address the problem.
7.2 If you are a consumer (and not a business), you have legal rights in relation to the course if it is not carried out with reasonable skill and care. Advice about your legal rights is available from your local Citizens Advice service or Trading Standards office. Nothing in these Terms will affect your legal rights.
8. PRICE AND PAYMENT
8.1 The price of the course is set on our website circle.co.uk
9. OUR LIABILITY TO YOU
9.1 If we fail to comply with these Terms, we are responsible for loss or damage you suffer that is a foreseeable result of our breach of the Terms or our negligence, but we are not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if they were an obvious consequence of our breach or if they were contemplated by you and us at the time we entered into this agreement.
9.2 You may use the skills you acquire on the course for the purpose of providing pole fitness teaching to members of the public but you may not use the course content for the purpose of training other potential pole fitness trainers looking to acquire pole teaching skills.
9.3 We do not provide any guarantee of providing you employment or business as a qualified pole fitness teacher upon completion of the course. We have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.
9.4 If you intend to provide pole teaching to members of the public or currently operate as a business then our total liability to you whether in contract, tort (including negligence), breach of statutory duty, or otherwise shall in no circumstances exceed the sum equivalent to the total amount paid by you for the course.
9.5 We do not exclude or limit in any way our liability for:
(a) death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors;
(b) fraud or fraudulent misrepresentation;
(c) breach of the terms implied by section 2 of the Supply of Goods and Services Act 1982 (title and quiet possession);
(d) breach of the terms implied by sections 3, 4 and 5 of the Supply of Goods and Services Act 1982 (description, satisfactory quality, fitness for purpose and samples).
10. EVENTS OUTSIDE OUR CONTROL
10.1 We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under these Terms that is caused by an ‘Event Outside Our Control’.
10.2 An ‘Event Outside Our Control’ means any act or event beyond our reasonable control, including without limitation strikes, lock-outs or other industrial action by third parties, 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, epidemic, natural disaster, or failure of public or private telecommunications networks, server errors or problems.
10.3 If an ‘Event Outside Our Control’ takes place that affects the performance of our obligations under these Terms:
(a) we will contact you as soon as reasonably possible to notify you; and
(b) our obligations under these Terms will be suspended and the time for performance of our obligations will be extended for the duration of the ‘Event Outside Our Control’. Where the ‘Event Outside Our Control’ affects our performance to you, we will restart the course as soon as reasonably possible after the ‘Event Outside Our Control’ is over.
10.4 You may only cancel the contract if an ‘Event Outside Our Control’ takes place which entirely prevents the course from being delivered, this does not include a change of location (including presenting the course online) or venue under circumstances where the course goes ahead. We will only cancel the contract if the Event Outside Our Control continues and delays the course for longer than 30 days in accordance with our cancellation rights in clause 12.
11. YOUR RIGHTS TO CANCEL AND APPLICABLE REFUND
11.1 You may not cancel a course purchase once the course has started. You do however, have the following rights to cancel a course booking, including where you choose to cancel because we are affected by an ‘Event Outside Our Control’ which entirely prevents the course from going ahead.
11.2 To discuss any queries or concerns regarding your purchased course, you can contact us on firstname.lastname@example.org explaining in detail the reasons for your situation.
11.3 Once we have begun to provide the course to you, you may cancel the contract for course with immediate effect by giving us written notice if:
(a) we break this contract in any material way and we do not correct or fix the situation within 10 working days of you asking us to in writing;
(b) we go into liquidation or a receiver or an administrator is appointed over our assets;
(c) we are affected by an ‘Event Outside Our Control’.
12. OUR RIGHTS TO CANCEL OR ALTER A COURSE
12.1 If we must cancel a course or part of a course.
(a) We may have to suspend a course, due to an ‘Event Outside Our Control’ or the unavailability of key personnel or key materials without which we cannot provide the course. We will contact you as soon as reasonably possible.
(b) If we must cancel a booking under clause 12.1(a) and if you have made any payment in advance for a course that has not been provided to you, we will refund these amounts to you.
12.2 Once the booking is confirmed, we may cancel the contract for the course at any time by providing you with at least 7 calendar days’ notice in writing. If you have made any payment to us in advance for any part of a course that has not been provided to you, we will refund these amounts to you.
12.3 We may cancel the contract for the course at any time with immediate effect by giving you written notice if:
(a) you do not pay us when required;
(b) you break the contract in any other material way and you do not rectify the situation within seven days of us asking you in writing;
(c) failure to comply with clause 2.2 regarding experience.
13. COURSE ASSESSMENT
13.1 You agree to submit your assessment after you completed the course.
13.2 To pass the assessment you need to meet at least 60% of the assessment criteria provided in the Course Manual.
13.3 In case of fail to complete a part of an assessment, you can be advised to repeat the assessment. In case of a fail, you might need to re-submit all the materials or just part of the material. The second assessment is free of charge. In case of fail for the second time, you can submit the third assessment for £60 administration fee.
14.1 In the unfortunate event that you are not completely satisfied with the course materials or services provided by Cirqle Courses in the first instance we would ask that you make contact us via the following email address email@example.com to register your complaint, this will then be communicated internally and we will make an initial response within 48 hours during Monday-Friday.
15. INTELLECTUAL PROPERTY
15.1 All study materials provided are intended for individual personal use and are protected under English and International copyright laws and conventions and may not be published, copied, sold or otherwise reproduced or distributed.
16. INFORMATION ABOUT US AND HOW TO CONTACT US
16.1 We are a company registered in England and Wales. Our company registration number is 13093537 and our registered office is 2-4 Ash Lane, Rustington, West Sussex BN16 3BZ.
16.2 If you have any questions or complaints, please contact us. You can contact us by e-mailing us at firstname.lastname@example.org.
17. OTHER IMPORTANT TERMS
17.1 We may transfer our rights and obligations under these Terms to another organisation, and we will always notify you in writing if this happens, but this will not affect your rights or our obligations under these Terms.
17.2 You may only transfer your rights or your obligations under these Terms to another person if we agree in writing and you pay in advance our reasonable administration costs for effecting such change.
17.3 This contract is between you and Cirqle Courses Limited. No other person or entity shall have any rights to enforce any of its terms.
17.4 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 If we fail to insist that you perform any of your obligations under these Terms, or if we do not enforce our rights against you, or if we delay in doing so, that will not mean that we have waived our rights against you and will not mean that you do not have to comply with those obligations. If we do waive a default by you, We will only do so in writing, and that will not mean that we will automatically waive any later default by you.
17.6 These Terms are governed by English law. You and us both agree to submit to the non-exclusive jurisdiction of the English courts. However, if you are a resident of Northern Ireland you may also bring proceedings in Northern Ireland, and if you are a resident of Scotland, you may also bring proceedings in Scotland.