Terms & Conditions

My Career Academy

Terms and Conditions

Our responsibilities to you and your responsibilities to us.

Attendance

All courses involve attendance at various times and on various dates for varying duration depending on the course option chosen. We guarantee to provide all tutorials as advertised in literature specific to each course. It is the student’s responsibility to attend every tutorial. If a student misses any tutorial it may be possible, depending on the course, to attend the same tutorial on a different date and, possibly, at a different venue. Should a student wish to attend a missed tutorial they must pay a repeat tutorial fee. Where advance notification is given prior to a course starting date, it may be possible, subject to availability, for a student to attend on a different date and at a different venue without incurring any additional charge. This is not possible without approval prior to the course start date except where the Educational Committee of the My Career Academy have offered approval in response to a written student request where genuine compassionate or medical reasons have been offered. Where an individual’s ability to attend has been influenced by a medical reason, an opportunity to repeat may be offered and the fee payable waived. Medical reasons for non-attendance must be confirmed by means of a medical certificate and any social reason for missing a weekend e. g. wedding, holiday etc. will not be considered valid justification for waiving the repeat fee unless notification was given at the time of enrollment.

Examination and qualification

Students are eligible to sit final examinations irrespective of the number of tutorials attended, although the ability to pass final examinations, particularly those of a practical nature, diminishes in proportion to the number of missed tutorials. On courses which require it, students must complete their Learner Workbook/Courswork and submit it on the specified days or dates. Failure to submit any of the required tasks precludes the student from qualification and graduation.

Reasonable accommodation

Any student who has a learning difficulty should bring this fact to the attention of our administration staff in advance of securing a place on their chosen course of studies. Alternatively, you can ask to speak to a senior tutor in confidence before paying any fees. MCA will always support students with learning difficulties as best we can, within our limitations.

Rules and regulations

The My Career Academy has set rules and regulations regarding professional attendance, time-keeping, personal appearance, conduct, etc. You agree to abide by such conditions, our Code of Ethics and National Standards and Guidelines.

Ability to participate

All applicants for courses have a responsibility to ensure that they are not suffering from any illness or injury which may prevent their complete participation on the course. Applicants must also ensure that they do not suffer from any communicable disease and furthermore, should they contract such a disease during the term where they are participating on the course, that they will not attend for the duration of the period during which they could infect fellow students.

Course specific information

Before paying any deposit or course fees you must ensure that you have read all the information available regarding each course, including all published informations on the website at www.mycareeracademy.ie and any downloadable literature which may be available for individual courses. Having read all available information please ask any additional questions you may have by telephone or at any open days. We want you to make the right decision.

Withdrawal and non-completion

Students who fail to complete any course will receive no refund of course fees paid and course fees which are owing will still have to be paid. For courses which allow booking through the payment of a deposit, any deposits paid are non-refundable in all circumstances and any balance of course fees which have been paid, either separately or as part of a single payment which includes the deposit and / or balance payment, may only be refunded in line with the advertised refund policy. Places on programmes of education are non-transferrable in all instances. Where there is a medical reason why a student is unable to commence or complete a course where fees have already been paid, they may apply to the My Career Academy to defer their participation to a later date. All deferral requests must be made in writing and be accompanied by relevant medical certification. Deferrals may only be granted, subject to availability. The decision of the My Career Academy in all such matters is final.

Refund policy for all courses

Where written notice of non-participation is received, fees, excluding the advertised deposit amount of the course, will be refunded on the following scale:

Six weeks before the course start date – 80% refund
Five weeks before the course start date – 70% refund
Four weeks before the course start date – 60% refund
Less than four weeks before the course start date – 0% refund

Refunds will not be considered in any circumstances once a course has started. All course fees must be paid once the course has started. If you must drop out of a course due to illness (or other reason), remaining course fees must be paid in full. The installment facility is intended to allow students to spread the payment of course fees over a specified time period. At the time of enrollment the student accepts that all of the course fees must be paid whether they complete the course or not. Non-payment of fees due by installment may result in a student being refused permission to continue with their participation on the course, to sit examinations, to receive examination results or to receive certification and all outstanding fees will remain due. If students face any unforeseen circumstances which have a negative impact on their ability to pay installments due, they should contact the MCA office of administration as soon as possible. Advanced certification programmes which do not have an option for payment of deposit and balance, are not eligible for the refund policy and all fees paid will be forfeited in the event of a student cancellation or non-attendance.

Course registrations completed online are subject to the Consumer Rights Directive and you have the right to cancel your booking for any reason within 14 days. If a cancellation notice is received within the required time period, the My Career Academy are obliged to refund your payment in full within 14 days of receiving such notice of cancellation.

Examination fees

1.1Student examination fees for Fitness Instruction L2 and Personal Trainer L3 are included within the cost of the course. Covid-19 prevention exam is €25 and is not included in the cost of the course and needs to be paid directly to My Career Academy prior to the exam.

1.2 Final Exam Resit & Fees

In the event of being referred to the next exam date the fee of €200-€500 depending on the course content status needs to be paid 6 weeks prior to the exam date.

Currency

When making an online booking our payment services are primarily handled by Stripe Inc., who are one of the world’s leading providers of e-commerce payment solutions. They handle billions of euro in transactions per annum on behalf many thousands of clients. These transactions for MCA may be processed in Euro (€), US Dollar ($) or Sterling (£) depending on the course booking.

You should note that when paying with a card which is issued outside the Euro currency zone, your card issuer may make additional charges for currency conversion etc.

Force Majeure

Any prevention, delay or stoppage due to strikes, lockouts, labour disputes, acts of God, including but not limited to adverse weather conditions, acts of war, terrorist acts, inability to obtain services, labour, or materials or reasonable substitutes, therefore, governmental actions, civil commotions, fire or another casualty, pandemic, and other causes beyond the reasonable control of the party obligated to perform, except with respect to the obligations imposed with regard to payment of fees, notwithstanding anything to the contrary contained in these terms and conditions, shall excuse the performance of such party for a period equal to any such prevention, delay or stoppage and, therefore, where a course specifies a time period for performance of an obligation of either party, that time period shall be extended by the period of any delay in such party’s performance caused by a Force Majeure. During a Force Majeure Event, the method for delivery of content may be changed, where possible, to ensure continuity of education.

General conditions of enrollment

Course start dates may be subject to change. If a course start date changes you will be offered the opportunity to transfer your enrollment to the new date or to receive a full refund of any fees paid. Should a course be cancelled or postponed the My Career Academy will not be held responsible for any additional costs incurred by the student, including, but not limited to, transport or accommodation. Once a course commences, although extremely unlikely, class dates, and times may be subject to change.
Tutors for individual classes on courses, venues for courses and individual classes and course fees may be subject to change.
Any and all special offers and/or promotions offered in relation to enrollment for any course are always subject to availability. Although the My Career Academy will always endeavor to meet all demands in relation to such offers, should there be no availability for any offer an alternative or cash amount will not be offered.
Use of all study facilities is at the discretion of staff and tutors of the MCA and its agents.
Certificates and other qualifications will only be awarded once a student has successfully completed all assessments associated with their course and once all fees have been paid and any evidence required for proof of eligibility has been submitted.
It is important for potential students to understand that places on all courses are available on a first come first served basis. If you feel quite certain that this is the course for you we would advise that you pay a deposit as soon as possible in order to avoid potential disappointment.

Student Contract Conditions

For students to get the best out of their time at the My Career Academy, we must both recognise that we owe obligations to each other. Our obligations require us to deliver and support your individual programme of study and we want your experience with us to be positive and enriching. At the same time, we have to balance the interests and entitlements of many other students and our obligations to manage finite resources efficiently. Your obligations include pursuing your studies diligently, treating fellow students and staff with respect and abiding by the My Career Academy rules and regulations. The purpose of this section is to set out clearly and in detail what your and our obligations are. When you accept the offer of a place at the My Career Academy, a legal contract will come into existence between you and the My Career Academy. The terms and conditions of the contract are as set out below and your acceptance of a place is expressly subject to them.

1. Status and Legal Effect of these Conditions

- These conditions are the standard enrollment conditions for all students of the My Career Academy.
- These conditions form the contract between MCA and you, the student, with regard to your programme of study at MCA (‘the Programme’).
- No contract will exist until you accept an offer of a place either by enrolling online or by completing a course enrollment/registration form.
- It is a condition of entry onto the Programme that you must complete the enrollment process when requested to do so by MCA.
- Breach of any of these conditions may give rise to action being taken against you under the Disciplinary Procedures of MCA (which in these conditions includes action under the Professional Suitability Procedures where they apply to you), and/or termination of this Agreement.

2. Programme Delivery and Changes

MCA agrees, subject to these conditions, to deliver the Programme with reasonable care and skill and to make available to you learning support facilities and other services as it considers appropriate.

MCA may make changes to the Programme as it was originally described. These changes typically result from moving Programmes to new or improved buildings or sites; timetabling alterations; changes to optional modules or other syllabus changes which may result from staff turnover, student numbers required to provide an adequate student experience, improvements in technology or developments in the subject; changes to placements or changes to the Regulations to address requirements of external bodies or to make improvements.

If such changes are required and may reasonably be expected to have a significant adverse effect on you, or MCA discontinues or merges the Programme or combines it with other programmes of study, MCA will give you as much notice as it can, take your views into account; and take reasonable steps to minimise those effects.

MCA will not be liable for any failure or delay in performing its obligations if the failure or delay is due to any cause beyond MCA reasonable control, which includes (without limitation), any governmental action, any act or omission of third parties which wholly or partly provide or fund the Programme, political unrest, fire, flood, war, strike or other labour dispute, staff illness, public health concern, extreme weather conditions, natural disaster or act of God.

MCA shall be entitled to end this Agreement immediately by notice in writing to you in the following circumstances:

- - if after the acceptance of an offer by you there is a change in your circumstances or if MCA becomes aware of information relating to you not previously known to it (including, but not limited to, information about criminal convictions or activity) which in the reasonable opinion of MCA makes it inappropriate for you to study on the Programme
  - if, in the reasonable opinion of MCA, you have not provided MCA with all relevant information or you have supplied information which is not complete, authentic and accurate in all material respects.

3. Your Obligations

You agree to comply with your obligations under these conditions and the following:

- - that you have obtained all the information you need to make an informed choice of Programme and site at which it will be delivered
  - that you will have undertaken any preliminary reading or other academic preparation requested of you by the start of the Programme
  - to study diligently, and to attend fully and promptly and participate appropriately at lectures, courses, classes, seminars, tutorials, work placements and other activities which form part of the Programme as required (subject to absence authorised in accordance with procedures applicable to the Programme, in respect of which you agree to undertake all additional study and other activities which may be necessary to catch up on missed work)
  - to fulfill all the academic requirements, including submission of coursework and other assignments, and attendance at examinations, of the Programme on time and in accordance with conditions imposed by My Career Academy.
  - assessed work must adhere to the appropriate standards of academic integrity
  - to prepare adequately for any activity which you are required to undertake outside MCA, at all times conducting yourself with due respect for staff, other students and the public and in an appropriate manner
  - to pay all fees and other money due, by the dates specified by MCA, unless previously agreed otherwise by the appropriate MCA authorities
  - to provide MCA with a contact name and details which you are willing to permit MCA to use at its discretion and without further reference to you in a situation which MCA reasonably regards as an emergency
  - to comply with any legal or professional standards and requirements which are applicable to you or the Programme including the self-declaration of any cautions and/or convictions and any other reasons or circumstances that might prevent you from, or have a bearing upon your ability to work with the vulnerable and to inform MCA immediately should any of the aforementioned change
  - any requirement to be provisionally registered with the appropriate Professional, Regulatory or Statutory body from time to time as applicable
  - to comply with any Department of Justice and Equality requirements and visa restrictions in relation to the terms of your immigration status
  - to give explicit consent for MCA to check, verify or communicate with any government department, agency or similar body, any personal data that you have provided at any time during and in support of your application for admission to, and continued studies with MCA
  - at all times whilst you are a student of MCA to act in accordance with any reasonable instructions or requirements issued to you from time to time by or on behalf of MCA, to co-operate with members of staff and to behave appropriately, responsibly and with respect for, and not to harass any person, or discriminate on the grounds of age, disability, gender reassignment, marriage or civil partnership, pregnancy or maternity, religion or belief, race, sex or sexual orientation, and to refrain from causing damage to property
  - to notify MCA if any of the information which you have submitted to MCA changes
  - to abide by any special conditions relating to the Programme set out in MCA’s website or prospectus for the Programme (‘the Prospectus’), any handbook or similar document issued by MCA in respect of the Programme, or as otherwise notified to you by MCA including any requirement to confirm that you have not received any cautions and/or convictions and that there are no other reasons or circumstances that might prevent you from, or have a bearing upon your ability to work with the vulnerable

4. Fees and Payment

It is your responsibility to ensure that tuition fees in respect of the Programme (as stated in programme specific documents and on programme specific web pages) (‘the Fees’), and all other expenses relating to the Programme, are paid in line with the advertised fee structure of the Programme. Unless MCA agrees otherwise in writing, the Fees should be paid at the beginning of the Programme/Course, whether directly by you, or on your behalf by a third party (such as your employer or sponsor). Where someone else is responsible for payment on your behalf, you must ensure that they do so. You remain responsible if they do not pay.

The Fees do not include:

- - fees payable in respect of any residential accommodation which may be provided to you by any third party and which will be subject to a separate contract
  - examination fees, additional fees for reassessment/referral or other course costs which will (if relevant) be the subject of a separate agreement between you and MCA
  - if you leave MCA before the Course has finished then you remain liable for the payment of all fees in full unless you have received written confirmation to the contrary from MCA

5. Failure to Pay the Fees

If the Fees due to MCA remain unpaid 28 days after the date they are due MCA shall be entitled:

- - to take legal action to recover the debt
  - to exclude you from MCA and end this Agreement
  - to withhold from you any award or qualification which would otherwise have been made to you, suspend further performance of its obligations under this Agreement and/or to refuse to allow you to proceed to any further stage of the Programme, until all outstanding amounts have been paid, or arrangements for payment have been established which MCA considers satisfactory

5.1 Theory Exams and Fees

Your Theory exams will be done before your final practical, all work load done throughout your

online content access will be examined and tested each week. It is vital to complete blended

learning content weekly so that you do not fall behind. If you find something is unclear and you

may still find it difficult to understand please speak to our tutors we are all here to help and get

you through the learning and exam process the best we can.You exam is a multi-choice

questionnaire which will be completed online on the given date required by your course

coordinator and done in the gym facility.

5.2 Practical Examination & Location

All pre-official practice performance and official practical exams will all be held in our HQ location in Tallaght Dublin 24 irrespective of the chosen course location.

All examination fees in Fitness Instruction

Level 3 Diploma in Personal Training are covered in your course fees.

Except for your repeat exams if you do not pass or if you fail to attend a provided examination date for any online exam or practical you will need to pay a fee of €100 for every repeat.

If you don't pass your final interview exam or decide to reschedule your exam to a different date

to repeat you will need to pay an examination fee of €200

If you fail to submit your content at the given deadline weekly a fee of €50 will be applied for content re-assessment for each module.

(Please note we do not cover the cost of any Exam Resit)

6. My Career Academy Liability for Damage

MCA does not accept responsibility, and expressly excludes liability, for the following, in respect of which you are advised to arrange appropriate insurance cover:

- - any loss or damage to your property (including but not limited to any motor vehicle or cycle) while that property is on the premises of MCA, unless caused by the negligence of MCA or its employees
  - any loss or damage suffered by you as a result of use of any computer equipment or software provided or made available by MCA to you, including (but without limiting the general nature of this condition) any contamination of software or loss of files as a result of using MCA equipment or software. Nothing in these conditions operates to exclude MCA’s liability for death or personal injury caused by MCA’s negligence, or for fraudulent misrepresentation.

7. Car Parking

Free car park is available at the center location.

8. Right to Cancel for Online Enrollment

If you have enrolled online you have the right to cancel this contract within fourteen days without giving any reason. To exercise this right to cancel you must inform an MCA in a clear statement (i. e. by letter, email or by telephone) of your decision to cancel this contract. To meet the cancellation deadline, it is sufficient for you to send your communication concerning your exercise of the right to cancel before the cancellation period has expired. If you cancel this contract, MCA will reimburse to you all payments received from you not later than 14 days after the day on which MCA is informed of your decision to cancel. MCA will make the reimbursement using the same means of payment as you used for the initial transaction, unless you have expressly agreed otherwise. Your right to cancel will be waived if, before any cancellation period has expired, you complete the paper Programme enrollment form and sign it.

9. General

- If any provision of these terms and conditions is or becomes illegal, invalid, void or unenforceable that shall not affect the legality, validity or enforceability of the other provisions.
- Any notice or other communication made under this Agreement shall be in writing and addressed to you at the last address notified by you to MCA, and shall be deemed to have been properly served if delivered by hand when left at that address or if made by prepaid post, 48 hours after being posted to that address.
- If you breach this Agreement and MCA chooses not to exercise any right which it may have against you, that shall not prevent MCA from taking action against you in the future in respect of that breach or any further breaches by you.
- This contract does not confer any rights or benefits on third parties.
- This Agreement shall be governed by and construed in all respects in accordance with the laws of Ireland and the parties agree to submit to the exclusive jurisdiction of the courts of Ireland.
- MCA may take proceedings in any other court of competent jurisdiction, and the taking of proceedings in any one or more jurisdictions by MCA shall not preclude it taking proceedings in any other jurisdictions, whether concurrently or not, to the extent permitted by the law of such other jurisdiction.

10. Data Protection

MCA may use and process personal data or information regarding you whilst you are a student of MCA and after you have left MCA. By accepting a place on the Programme and enrolling you are consenting to My Career Academy processing data you give, including sensitive personal data, for the purposes and in the manner set out in this Condition. Sensitive personal data includes information held by MCA as to your physical or mental health, sexual life, racial/ethnic origin, the commission or alleged commission of any offence by you and any proceedings for an offence committed or alleged to have been committed by you (including the outcome or sentence in such proceedings). The purposes for which MCA may process your personal data (including sensitive personal data) include:

- - administration of your enrollment on and participation on the Programme, including the administration of examinations, the issue of results and certificates in connection with the Programme and (where applicable) the provision to your employer or other sponsor of information about your attendance and performance on a Programme
  - provision of services, facilities and learning support to you and the protection of your health, safety and welfare whilst at MCA (which may involve MCA disclosing your personal data to health service providers, staff and other third parties)
  - implementation of the Regulations; collection of fees; equal opportunities monitoring; alumni activities; provision of references about you; and for safety purposes (for example use of CCTV and video monitoring in areas of MCA whereby such use is made apparent)
  - In some circumstances, My Career Academy uses data in the form of photographs of classroom situations, including students in a classroom setting, as part of general marketing materials, for example in MCA’s prospectus or course materials. Personal data alongside photographs will only be used with explicit consent. Please note that you are not entitled to record any educational activities yourself

Copyright

© My Career Academy. The MCA website, and all the related material, whether text, images, sound or other media must not be republished without the express permission of the My Career Academy. Permission is hereby granted for such material to be viewed, stored, or output as ‘hard copy’, for individual, non-commercial use only. If you wish to use any elements of the My Career Academy website, please seek permission from the Web Team.

Latest Update: January 1st 2024