- These Terms and Conditions apply to any bookings a student makes with ProFi Fitness School Limited ( from here known as PFS) for course “myover40”.By booking a course, the student agrees that these Terms and Conditions shall apply in full to the delivery of the course by myover40 master trainers and that they form part of the contract between the student and “PFS”.
- No variation of these Terms and Conditions shall apply unless confirmed in writing by or on behalf of the Director of “PFS”. These Terms & Conditions are subject to change at the discretion of myover40 without any notice.
- myover40 shall not be liable for any loss, damages, costs, claims, demands, expenses or liabilities of whatsoever nature arising out of the delivery of the course to a student as a result of their act or omission including but not limited to the following:
• The student’s failure to follow any oral or written instructions or recommendations in relation to the course/class. • The student supplies to "PFS" any information that is inaccurate, false, misleading or out of date. • Any loss or damage to any personal items and valuables which the student brings to a course.
2. INFORMATION ABOUT US
- The website (www.myover40.com ) is operated by Profi Fitness School LTD. We are registered in Ireland under company number 9833929N. Our Head Office address is:
8 THORN CHASE WOODALE ROAD RUSH CO. DUBLIN
- All of our Teachers are fully qualified Tutors, Instructors and Evaluators and their biographies and qualifications are listed on our website at www.myover40.com.
3. ELIGIBILITY REQUIREMENTS
- Participants are eligible for the myover40 courses if they are at least 18 years of age.
- "PFS" approves the principles of equal opportunity. Eligibility criteria for all myover40 and courses are applied equally to all participants regardless of age, race, national origin, sexual preferences or orientation, or disability.
- "PFS" provides a comprehensive support service for students with a disability. Students with recognised disadvantages or disabilities may be given special consideration.
- Applicants need to notify us during the registration process if they suffer from any condition, injury or disability that is not self-diagnosed.
- "PFS" approves course participants with pre-existing injuries, on the condition that a physician's note is provided and the person participating has a clear knowledge of their ability to perform the practical components of the course. The participant enrols on the course at their own risk and worsening of such injury will not be the responsibility of "PFS".
- The eligibility requirements for Courses vary. It is the applicant’s responsibility before applying, to ensure that all eligibility requirements for the Course have been met. If not certified with “PFS”, proof in the form of scanned certificates will need to be sent in reply to the registration confirmation email.
4. REGISTRATION PROCESS
- All participants are required to register for the "PFS" courses only via our website www.myoer40.com . We are unable to take registrations by means of telephone or email.
- After submitting an application, you will receive an e-mail from us acknowledging that we have received your application, along with all the information required for your course.
- The course dates can be found on the PFS myover40 website. Once registered on a course, the Applicant agrees to participate in the date from that course. It is the duty of the Applicant to make the necessary arrangements both personal and with their employer. The student will support the costs of any changes or transfers in case their employer doesn't respect the arrangement.
- By signing up for the course, you agree to the dissemination by ProFi Fitness School/myover40 of your image displayed in photographs and video materials, performed as part of the widespread use of business, by posting them on websites and disseminating in all media. Consent to the dissemination of the image is not limited in time and is also valid after the termination or expiration of the contract for any reason.
5. BOOKINGS AND PAYMENT
- All students will be required to sign to say they have read and understood these Terms and Conditions and if applicable the additional terms and conditions relating to payment by instalments given on the first day of their course.
- Places on all courses are limited to 20 applicants unless advertised otherwise. The applicant is encouraged to pay a deposit as soon as possible in order to avoid disappointment.
- A payment is required at the time of booking. Failure to pay by the due date will result in the booking being cancelled.
- All course bookings will be confirmed by myover40 in writing to the email provided at registration.
- All payments due to myover40 shall be made without any deduction whether by way of set-off, counterclaim, discount, abatement, bank charges or otherwise.
- No payments will be deemed to be made until myover40 receives full payment in cleared funds.
- "PFS" will send receipts to the email address provided during the registration process in electronic format only, upon receiving payment.
- Payment for the course must be received at least 3 days prior to the start of the course . If the payment is not received, PFS reserves the right to refuse course attendance.
6. COURSE PLACES AND FEES
- All Course places are subject to availability and are available on a first come, first served basis.
- Before paying any deposit or Course fees, applicants must ensure that they have read all the information available regarding Courses. Please contact "PFS" if you have any additional questions before you book and pay the deposit. The preferred communication method is email due to the fact that most myover40 staff are actively teaching.
- The Course Fees listed on the website are subject to change. Participants are required to pay the Course Fees listed for their Course on the website at the time of their registration.
- "PFS" will guarantee a place on a Course if a payment has been paid within 5 calendar days.
- If a Course has been booked as a "special offer" including “Early Bird”, the Course Fees must be paid in full on the day of the booking or the place will be lost.
- "PFS" reserves the right to cancel the course and offer alternative date should there was no minimum number of students (i.e. 4) signed up for the course.
- "PFS" accept payments by Cheque, PayPal, Visa, Visa Debit, MasterCard, MasterCard Debit and Bank Transfer. We only accept payment over the phone in the event that a payment doesn’t go through, even though several attempts have been made and the information introduced was correct.
- myover40 examination cannot be undertaken until all Course Fees have been paid.
- Details of all charges are set out in the Additional Costs List attached to these Terms and Conditions.
7. COURSE AND CERTIFICATES
- All Certificate courses (myover40) are to assigned Continuing Professional Development (CPD) points, at a rate of one point earned per hour completed.
- Certificates will be issued with the name supplied on the application form and/or confirmed in the confirmation email.
- Certificates will not be issued unless all fees have been paid in full and all requested documents have been received.
- Replacement certificates can be obtained at the charge applicable at the date of ordering.
8. OUR PROCEDURES OF SUBSCRIPTION
- Monthly Subscription Your monthly subscription for myover40 products will start when myover40 confirms your payment and will continue for a period of thirty days. When you purchase a monthly subscription, auto-renew is automatically selected in your myover40 account. At the end of the monthly subscription period, you will automatically be signed up and billed for an additional subscription term of 30 days at then-current pricing. If you do not wish your subscription to auto-renew, you may uncheck the auto-renew box in your myover40 account prior to the end of your current subscription term.
- Annual Product Subscription Your annual subscription for myover40 will start when myover40 confirms your payment and will continue for a period of one year. Annual subscriptions purchased on the myover40 Online Store are either billed monthly in twelve equal payments or annually at the beginning of the subscription. Annual subscriptions purchased from myover40 Channel Partners are paid in full in advance. When you purchase an annual subscription, auto-renew is automatically selected in your myover40 account. At the end of the annual subscription period, myover40 will sign you up and bill you for an additional subscription term of one year at then-current pricing. If you do not wish your subscription to auto-renew, you may uncheck the auto-renew box in your myover40 account prior to the end of your current subscription term.
- Upgrade Plan Certain myover40 products licensed on a perpetual basis come with one year of software upgrades. Your software upgrade plan starts when your payment for a qualifying myover40 product has been confirmed and will continue for a period of one (1) year. When you purchase a product including an upgrade plan or you purchase an upgrade plan renewal, auto-renewal of your upgrade plan is automatically selected in your account. At the end of the upgrade plan period, myover40 will sign you up and bill you for an additional upgrade plan term of one year at then-current pricing. If you do not wish your upgrade plan to auto-renew, you may uncheck the auto-renew box in your myover40 account prior to the end of your current upgrade plan term.
- General Terms and Conditions for all Product Subscriptions and Upgrade Plans Subscriptions and upgrade plans are non-cancellable and non-returnable. You may change your auto-renewal preferences in your myover40 account, but no refunds will be paid on any remaining subscription or upgrade plan period.
9. COURSE LOCATION
- myover40 is fully entitled to change the location of the course, prior to or after the planned commencement date due to foreseen and unforeseen circumstances that may occur, and prior to or during a course for the benefit of our clients and the company.
- All our locations are rented. If we have to change the Location due to circumstances that are out of our control, we will notify the students promptly and we will strive for the change to be made to another location in the same city.
- If the course location is changed, "PFS" is not responsible for any additional travel arrangements participants may have to make.
- If during a course, a participant damages any equipment or any part of the building, the participant will be liable and will deal directly with the location's proprietors. "PFS" will not be held liable for such damage.
10. COURSE CANCELLATIONS
- The student has the right to cancel the course booking and obtain a refund of all fees paid to date if the student informs us at least 28 calendar days prior to the start date of the course. No refund is offered if the applicant cancels the course 28-0 days before the course starts.
- In the unlikely event that myover40 has to cancel a course without being able to offer alternative dates, myover40 will provide a refund up to the value of the course. Transportation and accommodation costs will not be covered.
- If a student has started a course that is longer than one day, and one of the days of the course has to be rescheduled for reasons out of the control of "PFS", alternative dates will be offered as soon as they are available. No refunds will be offered if the student has attended any days of the course unless "PFS" cannot offer any alternative dates.
- If a student does not start a course, this will be treated as a cancellation. Refunds will not be given if a participant cannot attend a Course. The only possible solution is transferring the applicant’s place to another date if the student can provide a medical certificate as a reason.
- If a student stops attending without notifying myover40 in advance, this will be treated as a cancellation.
- In certain cases where a student misses required elements of a course for any reason, myover40 reserves the right to cancel the student from the course. Alternatively, myover40 may require the student to observe sessions on a later course before proceeding to assessment with costs covered by the student. Specific course requirements are outlined on the myover40 website, in marketing material and in booking confirmation information.
- It the students enrolls on the course which they can't attend and wishes to swap to another course and reschedule the current one, it is only possible if medical certs is provided.
- Courses purchased at promotional prices are non - refundable.
11. REFUNDS AND TRANSFERS
- Course start dates may be subject to change. If a Course start date changes students will be offered the opportunity to transfer their application to the new date or to receive a credit note of the amount paid.
- Transfer applications made during the Course will not be accepted.
- If a transfer request is made for a Course that has been booked as a "special offer" including “Early Bird”, and if the transfer is approved, the Student needs to pay the difference up to the regular price and do so on the same day of the transfer being approved in addition to the transfer fee. The reason being is that the special offer is formulated for one specific date and location.
- If a student fails or cancels an assessment or exam they will be charged the current rate for re-booking. It is the student’s responsibility to re-book their assessment or exam and the booking will not be taken until full payment has been received.
- If the conditions of a practical assessment are not complied with by the student they may not be assessed. Assessment instructions are given for each course and on the myover40 website
- Transfers from assessments are treated in the same way as courses.
- In Certificate Courses: 100% attendance is compulsory due to the fact that CPD points are awarded per hour. Being late more than 15 minutes will be considered a missed day, and will result in automatic termination of your place on the Course, with no refund, in which case the Student needs to book a repeat and pay the valid price at the time.
- Leaving early counts as forfeiture, regardless of the motive.
- On all Courses, instructors reserve the right to terminate the participant’s place on the Course if continued participation is deemed a health or safety risk. Participants deemed unfit to continue the Course due to evidence of intoxication will be asked to leave the premises. If there is any type of retaliation against the myover40 teacher, the matter will be taken up to the full extent of criminal and civil law.
13. COURSE MATERIALS
- The Lecturers’ PowerPoint Presentations are the intellectual property of myover40 and will not be shared with the students outside of class or sent to the students in digital form.
- One copy of the course materials are covered by the Course Fee. The materials are only in printed form and shall be given on the day of the course. All our materials are protected by copyright laws and treaties. The student agrees not to replicate, alter, modify or distribute the materials or do anything which would infringe upon any rights.
- If a course has been booked with less than 7 calendar days before the start date, PFS cannot guarantee that the student receives the Learning Materials on the first day together with the rest of the students. The reason for this is the materials are in the post already as PFS will have sent all materials 7 days before the start of the course. PFS will arrange that materials are sent for "late sign-ups" either to the student's address provided at registration or on one of the following days of the course.
14. EXAMINATION AND EXAM RE-SIT
- In order to obtain Instructor Certificate myover40 , students must pass the examination. If you would like to take the exam, please register. Exam consists of two parts: theory and practical. Theory: 16 MCQ ( multiple choice questions) – pass rate 75% ( 12 correct answers) This exam takes place online and can be attempted by a student in their own time however within 1 month from the exam fee being paid and 6 months from the end of the course. The exam link allows for 1 attempt only and in case of the failed exam repeat exam fee must be paid in order to take the exam again. Practical: students will record and send 30 min video showing the class they teach ( with their client). Teacher will explain all aspects of exam during the course. The video must be submitted within 1 month from the exam fee being paid. Feedback from the teacher will be sent over via email. Students can send 3 recordings within a month. Please ensure you receive all relevant information from your teacher during the course in relation to the practical assessment. Exam fee must be paid before the exam. This fee is non-refundable. Exam fee includes one month of the subscription and marketing tools available to students after the course.
15. RESULTS PROCESS
- myover40 is responsible for the decision of issuing certificates.
- Examination results will be sent to participants by e-mail within 10 working days of the exam's completion date. Participants who pass their exam will receive details of the percentage they achieved. Participants who fail will receive percentage information as well as feedback suggesting what areas they should focus on to improve their grade.
- Exact questions and answers on exam papers will not be copied, scanned or sent to participants via email or post.
- The pass rate is 75% or above for all courses that have an exam. If the student achieves 74%, the exam is deemed as failed. The exam has to be re-sited after the appropriate fee has been paid.
16. COMMUNICATION AND CONTACTING myover40
- Students are encouraged to swap contact details and network amongst themselves. In the unlikely situation that course materials or course related information doesn’t reach everyone, this will be a good backup plan to ensure nothing is missed.
- The myover40 team has made extensive efforts to ensure that the published data on the myover40 website is comprehensive and gives clear details about Qualifications, Accreditation, Exams, etc.
- Having read all available information made available in written form including the Frequently Asked Questions section and you need clarification or additional information please send an email to email@example.com Telephone contact can also be made within normal working hours excepting weekends and bank holidays.
- Email is the preferred contact method due to the fact that most of our staff are actively teaching.
- All complaints must be submitted by e-mail to firstname.lastname@example.org in which a participant states dissatisfaction regarding any area or service. Verbal complaints won't be accepted.
- Complaints will be handled in a fair and timely manner. The Manager will respond to the complaint within 10 working days of receiving the e-mail.
18. ADDITIONAL CHARGES LIST
- Examination fee €25