These Terms of Use set out the terms and conditions for use of the Exercise Science Academy website (“Website“) and any content, Public Forums, or services offered on or through the Website and/or through any mobile application(s) (“Application“) (collectively, the “Platform“).
These Terms apply to end users of the Platform (referred to as “Learners,” “You,” “Your“). These Terms, together with our Privacy Policy and any other policies published on the Platform or communicated to you from time to time (collectively, the “Agreement“), define the relationship between You and Exercise Science Academy (“ESA,” “Creator,” “we,” “us,” “our“) in using the Platform. Your access to the Platform is subject to Your acceptance of this Agreement, so please take the time to read it carefully.
By accessing the Platform, enrolling in a course, or registering for a workshop, You are agreeing to be bound by this Agreement and all applicable laws and regulations. If You disagree with any part of this Agreement, please do not use the Platform in any manner.
1. About Us
Exercise Science Academy (ESA) is an education and training institute based in India, specializing in evidence-based fitness, nutrition, and exercise science education. ESA is an authorized education provider of the American College of Sports Medicine (ACSM) in India. “Content” means any course or session (whether pre-recorded or live) published by ESA on the Platform, including any reference materials or text files offered as part of that course, certification program, specialization course, or workshop — whether delivered online, offline, or in a hybrid format.
2. Access & Registration
- If You are an individual, You must be at least 18 years of age to use the Platform. If You are between 13 and 18 years of age, You may use the Platform only with the permission of a parent or legal guardian, and by using the Platform You represent that You have obtained such permission. If You are under 13 (or under 16, depending on your country of residence), You may not use the Platform or register for any Content.
- To access Content, we require You to register by providing accurate information such as Your name and email address — see our Privacy Policy for how we handle this information. You may also be required to pay a fee to access certain Content; see Section 6 (“Payments & Refunds”) below.
- You represent that all information provided during enrollment or registration is true and complete, that You meet the eligibility requirements for the Content You are registering for, and You agree to keep us updated of any changes by writing to us via the contact details in Section 20.
- Some courses require prerequisites (e.g., prior specialization courses) before enrollment; it is Your responsibility to confirm eligibility before registering.
- ACSM certification exams are additionally governed by ACSM’s own policies. ESA facilitates exam booking but is not the certifying body for ACSM credentials.
- To access the Platform, You will need a compatible device that meets applicable system requirements. Supported devices may change from time to time, and a device that is currently supported may cease to be supported in the future.
- We reserve the right to refuse access to the Platform, or to remove content You have posted, at any time and without notice, if in our opinion You have violated this Agreement.
3. License to Use
Subject to Your compliance with this Agreement, ESA grants You a limited, non-exclusive, non-transferable license to access and view Content on the Platform for Your own personal, non-commercial use only. Where permitted on the Platform, You may temporarily download one copy of downloadable Content for personal, non-commercial viewing only.
You may not, and may not permit any third party to:
- modify, edit, or copy the Content or any material on the Platform;
- create derivative works from, or otherwise exploit, any material on the Platform beyond what this license permits;
- publicly display or otherwise use the Content for any commercial purpose;
- attempt to decompile or reverse-engineer any software on the Platform;
- remove copyright, trademark, or other proprietary notices from the Content; or
- transfer material from the Platform to another person, or “mirror” it on another server.
This license terminates automatically if You violate any of the above restrictions, and may also be terminated by us at any time. Upon termination, You must destroy any downloaded materials in Your possession, whether electronic or printed.
4. Public Forums & Learner Content
The Platform may include Public Forums that let You exchange thoughts and questions with us and other registered Learners in relation to a course You’ve enrolled in. Participation in any Public Forum is entirely optional.
You represent and warrant that You own, or are licensed to use, any content You post on a Public Forum or elsewhere on the Platform (“Learner Content“), and that You are solely responsible for its legality, accuracy, and appropriateness. We are not responsible for what other users share in Public Forums or for their conduct there.
Unless You tell us otherwise in writing, by posting Learner Content You grant ESA a non-exclusive, royalty-free, irrevocable, worldwide, sublicensable right to use, reproduce, adapt, publish, and display that content across any media.
If, in our view, Your conduct on a Public Forum violates this Agreement, we may suspend or terminate Your access to Public Forums (or the wider Platform) at any time, without notice.
5. Code of Conduct
ESA reserves all rights of admission. By enrolling with ESA, Students must follow the Academy’s code of conduct, including general good behavior and etiquette, and in particular:
- Originality of assignments: All assignments must be original. Plagiarism or copying will result in the cancellation of admission for all students involved.
- No recording of lectures: Recording videos during classroom lectures is strictly prohibited.
- Deadlines: Final exam bookings and viva submissions must be completed within the specified deadlines.
- Accurate personal information: Students must provide correct personal information at the time of admission. ESA is not responsible for errors arising from incorrect information provided by a student. Any change of name will require valid legal documentation.
- No sharing of study materials: Sharing any downloaded or printed study materials, lecture notes, books, video lectures, or any other content provided by ESA with any other person is not allowed.
- Online conduct: You agree not to use the Platform or any Public Forum to disrupt, damage, or impair the Platform, to post content that is violent, hateful, defamatory, harassing, or discriminatory, to impersonate any other person or institute, or to attempt unauthorized access to ESA’s systems.
Violation of this Code of Conduct may result in cancellation of admission, removal of content, or suspension or termination of a Student’s access to the Platform, at any time and without notice, and without refund where applicable.
6. Payments & Refunds
- To register for any Content, You may need to pay a course fee (“Content Fee“), as displayed on the Platform or communicated at the time of enrollment, exclusive of applicable taxes unless stated otherwise. All bookings and any changes to them are subject to availability.
- Where payments are made online, they may be processed through third-party payment processors. We do not capture or store Your sensitive payment information; please review the terms of the relevant payment processor separately.
- No refund or transfer to another course will be allowed once the course has begun.
- Installment payments: Where fees are paid in installments, post-dated cheques (PDCs) are mandatory. If any PDC is dishonored, admission will be cancelled and the Student will be liable for any resulting bank charges. Students using the installment facility must clear the final payment within 30 days of admission.
- Failure to pay fees on or before the applicable due dates may lead to legal action against the Student.
- ESA reserves the right to reschedule, postpone, or cancel a course, workshop, or batch due to insufficient enrollment, faculty unavailability, or circumstances beyond our reasonable control. In such cases, Learners will be offered an alternate batch, credit, or refund at ESA’s discretion, subject to the cancellation policy above.
- ESA reserves the right to revise course fees at any time; this will not affect Learners who have already enrolled and paid.
- Fees paid are generally non-transferable to another individual unless permitted by ESA in writing.
- Where course fees are paid by an employer, friend, relative, or any third party on a Student’s behalf, the Student — by signing the admission form and accepting these Terms — confirms that they are attending the program by their own choice and accept its value and benefits regardless of who has paid the fees.
7. Certifications & Examinations
- Successful completion of a course and fulfillment of all assessment/examination requirements is necessary to receive a certificate.
- Certificates will be issued in the name provided in the admission form. Students with outstanding fees will not be permitted to sit for the examination. Duplicate certificates may be issued on payment of a fee determined by ESA’s administration.
- Re-examination fees:
- For the Certified Fitness Trainer Course (Internal Exam), the first three attempts are included in the course fees; Students must pay for a fourth attempt.
- For Nutrition, Marathon, and Sports Psychology courses, the first two attempts are included; Students must pay for a third attempt. Foundation and Specialization certificates will only be issued once a Student has passed both required exams.
- ACSM CPT exam: Students enrolled in the CPT course must take the ACSM CPT certification exam within one year of enrollment.
- Certificates and credentials issued by third-party bodies (such as ACSM) are governed by that body’s own certification requirements, standards, and validity terms; ESA facilitates access but is not the certifying body for such credentials.
- ESA does not guarantee employment, income, or specific career outcomes as a result of completing any course or certification.
8. Online Learning Platform & Mobile App
- Access to our learning platform and mobile application (available on Android and iOS) is for the personal, non-commercial use of enrolled Learners only, subject to the License to Use in Section 3.
- Login credentials are personal to each Learner and must not be shared with any third party. ESA reserves the right to suspend access in cases of misuse.
- We aim to keep the Platform and app accessible at all times but do not guarantee uninterrupted or error-free access, and are not liable for temporary outages, technical glitches, or third-party service disruptions (e.g., app store availability, internet connectivity).
9. Intellectual Property
We own all information and materials provided or communicated to You through the Platform — including Content, course materials, videos, presentations, study guides, trademarks, logos, wordmarks, illustrations, the layout and design of the Platform, and any software we own or license (“ESA’s Intellectual Property“). You do not acquire any ownership rights in ESA’s Intellectual Property by using the Platform. It is protected under applicable copyright, trademark, and other intellectual property laws, and any unauthorized reproduction, modification, distribution, or display of it is strictly prohibited.
The ACSM name, logo, and certification marks are the property of the American College of Sports Medicine and are used by ESA under authorization as its official education provider in India.
10. Feedback
If You submit suggestions, ideas, comments, or questions about any Content or the Platform (“Feedback“), You grant ESA a worldwide, non-exclusive, royalty-free, perpetual, and irrevocable right to use, reproduce, adapt, publish, and distribute that Feedback in any form. You will not acquire any intellectual property right in the Platform or any Content as a result of ESA incorporating Your Feedback.
11. Testimonials & Media
Testimonials, images, and videos of Learners, faculty, or events featured on our Platform and marketing materials are shared with consent and reflect individual experiences. Results and experiences may vary from person to person.
12. Photo & Video Consent
By enrolling with ESA, You authorize Exercise Science Academy to use Your photographs and videos, taken during classes, workshops, or events, for promotional purposes. You understand and agree that You will receive no compensation for this use, and that this consent is irrevocable and perpetual.
13. Health, Safety & Force Majeure (including Covid-19)
Students must follow all health and safety guidelines prevailing at the time of training, including any Covid-appropriate behavior (such as mask-wearing) required by applicable government regulations. ESA reserves the right to shift physical classes or practical training to an online format if required by government guidelines or other circumstances beyond ESA’s reasonable control. In such cases, no refund or course transfer will be applicable.
14. Third-Party Links & Services
The Platform may contain links to third-party websites, forms (such as Google Forms), payment gateways, or platforms (including ACSM’s website and app stores). ESA is not responsible for the content, policies, or practices of these third-party services. Please review their respective terms and privacy policies before use.
15. Disclaimer & Limitation of Liability
The Platform is provided to You “as is” and “as available,” with all faults, and without warranty of any kind. To the maximum extent permitted by applicable law, ESA disclaims all warranties, express or implied, including any warranty that the Platform or its Content will meet Your requirements, achieve any particular result, operate without interruption, or be error-free or free of viruses or other harmful components.
ESA shall not be liable for any indirect, incidental, special, or consequential damages arising out of Your use of, or inability to use, the Platform, including loss of income, opportunity, or data, to the fullest extent permitted by applicable law. Some jurisdictions do not allow the exclusion of certain warranties or limitations on statutory consumer rights, so some of the above exclusions may not apply to You; in that case, this section applies to the greatest extent enforceable under applicable law.
16. Health & Fitness Disclaimer
Course content related to exercise, nutrition, and fitness training is intended for educational purposes as part of a professional certification program. It is not a substitute for individualized medical, nutritional, or clinical advice. Learners applying this knowledge in professional practice are responsible for exercising appropriate professional judgment and complying with applicable laws and industry standards in their jurisdiction.
17. Privacy
Your use of the Platform is also governed by our Privacy Policy, which explains how we collect, use, and protect your personal information.
18. Modifications to This Agreement
ESA reserves the right to update or modify this Agreement at any time, at our sole discretion. Changes will be posted on this page with a revised “Last Updated” date. Continued use of the Platform after any changes constitutes Your acceptance of the revised terms.
19. Governing Law & Jurisdiction
This Agreement shall be governed by and construed in accordance with the laws of India. Any disputes arising out of or in connection with this Agreement shall be subject to the exclusive jurisdiction of Maharashtra, India.
20. Contact Us
If you have any questions about these Terms & Conditions, please reach out to us:
Exercise Science Academy
Website: https://exercisescienceacademy.com
Contact: https://exercisescienceacademy.com/contact-us/
Phone: Rikita – +91 7666703838 | Bhavita – +91 93217 53838
