Published on 15 February 2020

These terms of service supersede the previous terms of service published on 14 February 2020

 

Breathe Education Pty Ltd (ABN 30 154 699 019) Terms & Conditions of Service

Key points

Transition to virtual training

Try it first

If you’re unsure about whether our virtual learning system will continue to meet the requirements for completion of your course and be of a similar standard and quality, we will pause your payments until you’ve tried one week of online sessions. If you are still not convinced your options are:

1. Deferral

Defer your course until such time as face-to-face sessions resume, at no charge. However, we cannot guarantee when the face-to-face sessions will return or if they will remain in the same structure or form as we previously provided. If we have not scheduled any face-to-face sessions after 12 months from the date you defer you have the option to continue with online training or cancel without incurring any additional charges. If face-to-face sessions are scheduled, but you still want to cancel your course, our usual cancellation policy applies.

2. Cancellation

If you choose to cancel immediately without trying our virtual training our standard cancellation protocol applies (see below).

3. 100% Satisfaction Guarantee

Our 100% satisfaction guarantee will continue to apply. Complete the course in its entirety and if the course has not met the requirements to your satisfaction, we will give you a full refund, subject to our Terms.

No Discounts

There are no reductions in fees due to the transition to a 100% online format. You will be supported by the same highly qualified trainers and the online delivery is of at least an equivalent standard to our face to face delivery. In addition, our costs of delivery for the online courses are largely similar (or have actually increased significantly) and therefore we are unable to provide a discount on the fees.

No refunds

Subject to our 100% satisfaction guarantee, our cancellation policy and without limiting your rights at law, we do not offer refunds for payments that have already been made.

Assessment requirements

100% of assessments are required to be completed successfully.

  • Practical assessments are conducted in tutorials.
  • Lectures are where you learn the concepts required to pass all assessments (written and practical).
  • Written assessments are found in eLearning.

Tutorial Requirements

You are required to attend one tutorial every week in order to meet your practical assessment requirements.

  • If you miss a whole week of tutorials (E.g. You are unable to book into an alternate session within the same week) there is a fee of $100 to move to an alternate session (Missed Tutorial Fee)
  • If you miss 4 or more consecutive weeks of tutorials you will be required to move into a new course intake. Fee for this is $500 (Transfer Fee)

No show/late cancel fee

You are required to provide 24 hours’ notice to cancel tutorials and practice teaching sessions. Cancelling less than 24 hours before the scheduled start time for the relevant tutorial or practice teaching session will result in a $50 fee (Late Cancel Fee). The Late Cancel Fee is enforced because numbers in these sessions are limited and if you cannot show you’re taking up a place that someone else could be using.

This rule does not apply to lectures and trainer led classes.

Certificate IV in Pilates course must be completed within 12 months

You are able to change sessions, lectures and tutorial times, adhering to the Assessment and Tutorial Requirements, however you are required to complete your course within 12 months from the course start date, as notified to you by us. 

Liability for course cost

You acknowledge and agree that when you enrol in your chosen course, subject to these Terms and your rights under Consumer Law, you assume liability for, and we are entitled to deduct from your nominated account, the full course cost, regardless of whether you are paying the Fee in instalments or in full at the time of enrolment. . If your payment plan continues past your graduation date, and your payment fails, we may refer the debt to debt collectors or credit reporting agencies, which could affect your credit rating.

Cancellation Fees

If you cancel your course after you enrol, one of the following cancellation fees will apply:

1. Cancel >30 days prior to your original course start date: pay 10% of course Fee;

2. Cancel 1-29 days prior to your original course start date: pay 25% of course Fee;

3. Cancel from the original course start date onwards: pay 100% of course Fee.

100% Satisfaction Guarantee

We will offer you a full refund of your course fees in the event you are not wholly satisfied with your experience. The following conditions apply:

1. You must have fully completed your course, with 100% of assessments completed successfully

2. You must have successfully completed all practical & written assessments, e-learning, self-practice, observation and practice teaching requirements of your course requirements of your course. Successful completion means identified as competent and eligible to graduate. Details of these components are published at https://breathe.edu.au/requirements-to-graduate/

3. You elect to either receive your qualification or the full refund.

4. You have 5 business days after the completion of all course requirements to notify Breathe in writing that you elect to obtain the full refund. Subject to your rights under Consumer Law, if you do not notify Breathe within 5 business days of completing all course requirements or if you otherwise notify us in writing that you are electing to graduate, you will not be entitled to a refund under this 100% satisfaction guarantee.

5. We may determine that certain students are ineligible to claim the 100% satisfaction guarantee refund. At the date of publishing, students with pre-existing Pilates or Personal Training qualifications are ineligible.

Diploma Students

As previously notified to you, as we are discontinuing our Diploma course, if you are enrolled in a Diploma, there is no option to defer your course and any terms relating to deferral or your course do not apply.

Breathe Education Pty Ltd (ABN 30 154 699 019)

Full Terms & Conditions of Service

Published 15 February 2020

1. Introduction

The Company provides Accredited Training and Non-Accredited Training in evidence-based rehabilitation and exercise methods (Services). Accredited Training programs are ASQA accredited training programs delivered by way of the Company’s e-learning platform and interactive online components.  Non-Accredited training programs may be delivered via online interactive components, using the Company’s e-learning platform or a combination of both.  Use of the Services is subject to these Terms and Conditions of Service (Terms). By consenting to these Terms you are agreeing to enter a legally binding contract with us.

These Terms apply to our supply of the Services and to each student’s enrolment in an Accredited Training or Non-Accredited Training program. As part of every student’s enrolment, they are required to first review and agree to these Terms. If you are under 18, these terms must be agreed to by your parent or legal guardian before you commence your course.

These Terms were developed in consultation with our lawyers to ensure Breathe Education’s approach complies with Australian Consumer Law and the Standards for Registered Training Organisations (RTOs) 2015 (Cth) (“Standards”).

2. Definitions

The following terms are adopted in these Terms and have a specific meaning:

When we refer in this document to “We” or “us” or the “Company” we are referring to Breathe Education Pty Ltd ABN 30 154 699 019.

When we refer to “you”, “your” or “Student” we are referring to you, the student and consumer of our education services, specifically our Accredited Training and Non-Accredited Training programs. If you are under 18, any reference to “you”, “your” or “Student” is also a reference to your parent or guardian who accepted these Terms of Service

When we refer to “services” or “training” or “program” or “courses” we are referring to our education services, specifically our Accredited Training or Non-Accredited Training programs and their components, which comprise learning resources made available on our digital platform, accessible to students and known as our e-learning platform and our interactive online learning components.

Also,

Agreement means the agreement formed between Students and the Company under, and on these Terms.

Accredited Training means an ASQA accredited education program.

ACL Consumer Guarantees means the statutory guarantees for Services provided for under the Competition and Consumer Act 2010 (Cth).

ASQA means the Australian Skills Quality Authority.

Assessment Tools/Tasks means methods of study assessment utilised to track and record your performance as against the qualification criteria corresponding to the Services and your particular training program.

Business Day means a day (other than a Saturday, Sunday or public holiday) on which banks are open for general banking business in Melbourne, Australia.

Cancellation Fee has the meaning given to it in this Agreement at clause 7.

Consumer Law means the Competition and Consumer Act 2010 (Cth) and any other relevant State or Territory legislation governing consumer rights.

Default has the meaning described in this Agreement at clause 9.

Facebook Group means the Breathe Edu students Facebook Group or another Facebook Group administered by us and specific to a particular course.

Fee means the price payable for the Services, in Australian dollars, exclusive of GST, specified by us at the time of your enrolment and published on our website, https://breathe.edu.au/ and also refers to any other fee incurred in accordance with these Terms of Service.

Fee Waiver has the meaning given to that term at clause 8.4.

GST has the meaning given to that term in the Act, A New Tax System (Goods and Services Tax) Act 1999 (Cth).

Information About the Services means information communicated on the Facebook Group.

Intellectual Property means all copyright, patents, inventions, trade secrets, know-how, product formulations, designs, circuit layouts, databases, registered or unregistered trademarks, brand names, business names, domain names and other forms of intellectual property.

Lesson means any video, text, audio or written/hard copy content the Company makes available to you for the purposes of providing the Services.

Missed Tutorial Fee has the meaning given to it in this Agreement at clause 8.

Non-Accredited Training means a training program that is not ASQA accredited and related to education in evidence-based rehabilitation and exercise methods.

Payment Schedule means the schedule further to which Periodic Payments are made.

Privacy Act means the Privacy Act 1988 (Cth).

Privacy Policy means the Company’s privacy policy as updated from time-to-time, published on our website, https://breathe.edu.au/.

Payment Default has the meaning described in this Agreement at clause 9.

Periodic Payment means a periodic payment of the Fee for Accredited or Non-Accredited Training, in full, which may be by way of partial payments deducted by us using the payment credentials you have supplied, and, in respect of our Accredited Training, are made in accordance with our compliance obligations as an ASQA Registered Training Organisation. Periodic Payments are charged at intervals, which may be determined by us, prior to or throughout the duration of our provision of the Services and commencing upon enrolment.

Registered Training Organisation means a registered training provider registered by ASQA to deliver vocational training services.

Satisfaction Guarantee has the meaning given to that term at clause 8.9.

Statement of Attainment means a transcript listing units of competency achieved and completed with us and relates to components of a training program that have been successfully completed. Note, this is not a qualification.

Tax Invoice has the meaning given by the A New Tax System (Goods and Services Tax) Act 1999 (Cth).

Terms of Service or Terms means these terms and conditions of using Breathe Education services, as updated from time to time, which can be found at https://breathe.edu.au/.

User means any enrolled student or consumer of our Services, or member of the Facebook Group.

User Content means images, information, documents or other data that is uploaded or input into the e-learning platform by you or that forms part of your Intellectual Property.

3. Supply of the Services

Any information we provide in respect of the Services does not constitute an offer to sell but constitutes an invitation to treat only, and is subject to the availability of the Services, which may change from time to time.

By submitting your enrolment, you are offering to purchase the Services at our current price at the date you submit your enrolment and is deemed accepted by us upon notification by us, to you, of your login credentials to our e-learning platform, which will be made to your nominated email address provided in your enrolment submission. If you are under the age of 18, you must also provide us with the email address of your parent or guardian in order for them to accept these Terms of Service.

Upon submitting your enrolment (whether you have done so by way of our website or on a telephone call with one of our team) you agree that:

a. you have read and agree that our supply of Services to you is subject to these Terms of Service;

b.  upon receiving your login credentials to our e-learning platform you are required to log into our platform and join our Facebook Group;

c.  you agree that all use of the e-learning platform and Facebook Group is subject to these Terms of Service;

d.  if you are under the age of 18 you must not access our Services without your parent or legal guardian’s consent;

e. you shall be responsible for paying the Fees for our Services from the date your enrolment commences, being the date we provide your login credentials to our e-learning platform to you; and

f. we may suspend provision of the Services, including your access to our e-learning platform if you breach the these Terms of Service.

4. Guarantee and limitation of liability

Our e-learning platform is the place you will find components of our Services that you are required to complete at your own initiative and pace.  They comprise Lessons and Assessment Tasks/Tools.

Interactive online sessions are all the classes you access via our virtual learning system, if your training includes this component. Accredited Training includes interactive online components. Non-Accredited Training may or may not include interactive online learning components. Interactive online learning opportunities comprise Lectures, Tutorials and Assessment Tasks/Tools.

The Facebook Group and Slack is the place where you will find information about the Services shared amongst your student cohort (Information About the Services).

We acknowledge and agree that:

a. The Services and Information About the Services are provided in accordance with the ACL Consumer Guarantees, being:

1. The Services will be provided with due care and skill;

2. The Services will be fit for any specified purpose, that purpose being confined to the corresponding qualification further to which they are provided;

3. The Services will be supplied within a reasonable time, being the time commencing upon issue of your enrolment credentials until the stated end date of your training, which may be varied in accordance with these Terms.

You acknowledge and agree that:

b. Subject to the ACL Consumer Guarantees or otherwise under Consumer Law, you rely on the Services and Information About the Services at your own risk and in no event will the Company or the Company’s related entities be liable to you for your reliance on the Services and/or information provided to you about the Services;

c. Except as expressly provided in clause 4(a), all conditions and warranties, whether express or implied by law or otherwise in respect of the Services or any advice, recommendations or information regarding the Services provided by the Company which may, apart from this clause, be binding on the Company are excluded to the fullest extent permitted by law; and

d. To the fullest extent permitted by law, the Company is discharged from any liability in respect of the Services being wrong or defective or the Information About the Services being inaccurate and the maximum liability the Company will be liable to you for breach of this Agreement or in respect of the provision of the Services is limited, at the Company’s option to the re-supply of the Services or payment of the cost of re-supply of the Services.

e. Without limiting any other provision of this Agreement, the Company, its related entities, their officers, employees, contractors and consultants are not liable for any Loss a student suffers as a result of improper engagement in the use of the Services or the Information About the Services, including but not limited to use of the Services or Information About the Services that is otherwise inconsistent with the instructions of the Company, its related entity, or their officers, employees, contractors or consultants.

f. We do not control your environment where you are participating in Lessons and receiving the Services from your own home or a location not managed by us, and you release us from all liability for any Loss suffered or incurred by you which may arise as a result of your participation in the Lessons or receipt of the Services from such locations, to the extent that such Loss is not caused by our negligent acts or omissions.

g. The term “Loss” means any loss, liability, cost, expense, damage, charge, penalty, outgoing or payment however arising, whether present, unascertained, immediate, future or contingent and includes direct loss and Consequential Loss.

h. The term “Consequential Loss” means loss beyond the normal measure of damages and includes indirect loss, loss of reputation, loss of profits, loss of actual or anticipated savings, loss of bargain and loss of opportunities.

5. Conduct in using the Services and Facebook Group

You agree that in using the Services and Facebook Group you will abide by the terms of our Code of Conduct and that the Company accepts no responsibility and is not liable for:

a. the conduct of any other User of the Services or member of Facebook Group;

b. any interaction between Users of the Services or members of the Facebook Group, whether that interaction occurs via the e-learning platform, the virtual learning system, Facebook Group or otherwise;

c. the Company makes no warranty or representation as to the accuracy of any information provided by any User of the Services / member of the Facebook Group or as to the character or credentials of any User / member of the Facebook Group.

6. Student generated content and content generated with or about students

Student Generated Content

You acknowledge and agree that:

a. we may enable you to create User Content, but that by doing so you shall not acquire an interest to any Intellectual Property owned by the Company, which may exist in the Company, or is owned or exists in a third party.

b. User Content is the sole responsibility of the person that provided the User Content to the Company.

c. you indemnify the Company for any User Content that is illegal, offensive, indecent or objectionable that you make available using the Services or the Facebook Group.

d. the Company may suspend accessibility to, remove or edit User Content via the e-learning platform or the Facebook Group that the Company determines is illegal, offensive, indecent or objectionable in its sole discretion.

e. to the extent permitted by law, under no circumstances will the Company be liable in any way for User Content.

f. you warrant that you have all necessary Intellectual Property rights to use User Content, and shall indemnify the Company for any infringement the User commits of third-party Intellectual Property rights by using User Content on e-learning platform or Facebook Group.

g. in order to provide the Services afforded by the e-learning platform or Facebook Group, where the User Content includes your brand, logo or other intellectual property, you grant the Company a worldwide, revocable license to use the User Content, for the term of this Agreement.

Content Generated with or about students

In the course of attending the interactive online components of our Services (if your training includes this), or otherwise in the course of us delivering the Services, we may take photos, screen captures or other visual or audio recordings of you, our student.

You acknowledge and agree:

h. that we, the Company, may use you name, likeness, audio-visual and/or photographic image for official purposes;

i. that you consent to the publication of your visual or aural representation, photographic image and name in our marketing and education materials, including publication to our website and e-learning platform and grant to the Company the right to use the photograph/s and photographic negative/s (whether digital or film) for these, and any other purpose, which may include, but is not limited to publication of emails, banner ads, posters, newsletters, newspapers, catalogues, video collages, etc;

j. to grant the Company the right to crop and/or collage such image(s) identified at 6(h) and (i) with others;

k. that we may transmit the image(s) or video identified at 6(h) and (i) in digital form over the Internet and that, while we will exercise reasonable precautions to secure the image from distribution outside of our network, the image(s) may inadvertently be transmitted to third-party computers;

l. that you release and forever discharges the Company, its agents, officers, employees and contractors from any and all claims and demands arising out of or in connection with the use of photographs/film/other audio-visual material identified at 6(h) and (i), including but not limited to, any and all claims for invasion of privacy, defamation, or financial compensation.

7. Deferring, cancelling or varying your enrolment

If you wish to defer or cancel your course, or you are required to vary your course, you will need to:

1. notify us in writing, by emailing support@breathe.edu.au; and

2. pay the relevant fee.

If you are required to defer your course intake because you have not met the assessment requirements, or you have missed 4 or more consecutive weeks of tutorials, you will need to pay the Transfer Fee of $500.

If you want to cancel your course after you enrol, you will need to pay the relevant Cancellation Fee: 

  • Cancel >30 days prior to course start date: pay 10% of course Fee;
  • Cancel 1-29 days prior to course start date: pay 25% of course Fee;
  • Cancel from the course start date onwards: pay 100% of course Fee.

(Cancellation Fee)

3. If you are deferring your course, you must, at the time you notify us of the change, pay the applicable Transfer Fee of $500 and also confirm the course you are deferring into. i.e. no indeterminate deferrals will be accepted. We will not put a stop to Periodic Payments UNLESS AND UNTIL YOU HAVE PAID THIS FEE

For students whose courses will be transitioning from face-to-face learning to 100% online delivery due to measures being taken as a result of the COVID-19 pandemic, the terms set out under the heading “transition to virtual training” at the start of these Terms of Service will apply to any deferrals or cancellation of your course, and will take precedence in the event of any conflict with this clause 7.

8. Fees, Payment and Refunds

8.1 Fees

You are liable to pay the Fee for the Services upon commencing your enrolment, which occurs once we have received your enrolment submission and issued you your login credentials to the e-learning platform.

You will have supplied your payment credentials upon submitting your enrolment and further to the terms of this Agreement, you agree that we are to use these credentials to deduct the Fee.

For Non-Accredited Training we may charge the Fee either up front or on an agreed payment schedule.  By agreeing to these Terms, you agree to us deducting the Fee at intervals, to be determined by us, throughout the duration of your course, commencing from the date of your enrolment.

For Accredited Training we charge Periodic Payments of the Fee which are deducted by us (using the payment credentials you have supplied to us upon enrolment) in accordance with our compliance obligations as an ASQA accredited Registered Training Organisation. For this reason, the Fee may not be paid in full up front.  By agreeing to these Terms, you agree to us deducting the Fee at intervals, to be determined by us in accordance with our ASQA compliance requirements, throughout the duration of your course, commencing from the date of your enrolment.

For Periodic Payments: When you enrol we will confirm with you when your Periodic Payments are due to be made (Payment Schedule) and it is your responsibility to ensure that we are able to charge the payment to you using the payment credentials you supplied to us upon enrolment. You acknowledge and agree that we may alter the Payment Schedule as required. If we alter your Payment Schedule we will give you reasonable notice of this.

8.2 GST

Any Fees charged by the Company to you, unless expressed otherwise, shall be deemed exclusive of GST. The Company will provide you with a Tax Invoice for any payments of the Fee or of any other fees incurred further to the terms of this Agreement (e.g. the Cancellation/Variation Fee or the Make Up Session Fee).

8.3 Refunds

Subject to our obligations under Consumer Law and clause 7 of these Terms:

a. we do NOT offer any refunds for Non-Accredited Training Fees; and

b. for Accredited Training, we:

1. do NOT offer refunds of the Fee corresponding to training you have received, i.e.

  1. NO REFUND FOR PERIODIC PAYMENTS that have already been made by you;
  2. NO REFUND FOR ONLINE COURSE MATERIALS irrespective of whether you have accessed or used these materials in whole or part or when. These materials, in their entirety, are made available to you upon receipt of login credentials at enrolment time, you undertake to pace your use of these materials at your own initiative and this training is deemed delivered at the time you are provided first access to the materials. It is important that you understand what we mean by “deemed delivery” and your responsibilities in respect of completing online learning at your own pace. Please read section 8.5 below for details.

2. We will cancel these Terms and may, at our sole discretion in accordance with these Terms and subject to our obligations under any applicable laws and regulations, relieve you of the obligation to pay any outstanding and future Periodic Payments, (being instalments of the Fee) ONLY AFTER you have paid any applicable Cancellation Fee or Transfer Fee.

8.5 Deemed Delivery of the Services and Fee Waiver

We offer a Fee Waiver for Accredited Training for that part of the Services that has not been delivered to you, noting that all online training materials are deemed delivered at the time you are provided first access to these materials, irrespective of whether you have accessed them at all or when you have chosen to access them.

This section explains in detail what we mean by “deemed delivered” in relation to online materials and our expectations as you progress your learning with these materials.

1. our Services are delivered to you in one or a combination of the following components; interactive online sessions with practical assessment and static online learning with written assessment;

2. our provision of the Services commences when you submit your enrolment and it is confirmed by us in the form of a confirmation email providing you with login credentials to the e-learning platform.

3. once you have been provided login credentials to access the e-learning platform, we have delivered all the online materials corresponding to your course, i.e. these materials are deemed delivered to you. While we make recommendations about how a student should pace their online studies, it is your responsibility to pace your online studies and work through these materials. Once you are issued e-learning login credentials, the static online component of our Services is deemed to have been delivered to you irrespective of whether or when you access these materials and how quickly or slowly you advance through these materials.

4. by entering this Agreement, you have contracted to access and make use of all our online learning materials and have committed to paying for use of these materials irrespective of whether you use them or when you use them.

5. Periodic Payments of the Fee that you have already paid are not refundable.

6. The Fee Waiver applies to future Periodic Payments you are yet to make but which we are contractually entitled to charge you for, against the payment credentials you have supplied. We will apply a Fee Wavier ONLY AND AFTER you have paid any applicable Cancellation Fee or Transfer Fee.

8.6 Fees – Cancellation / Transfer Fee, Missed Tutorial Fee and Late Cancel Fee

Subject to Consumer Law, a Transfer Fee of $500 is charged in addition to the course Fee in the event you are required, due to not meeting the assessment requirements or missing 4 or more consecutive weeks of tutorials, to vary the provision of the Services.

What is the assessment requirement? If you are enrolled in Accredited Training you are required to attend one interactive online tutorial every week in order to meet your practical assessment requirements to be able to complete your training. If you miss one tutorial you can re-schedule another time within the same week at no charge through our online booking platform.

If you miss all of the tutorials in one week or do not reschedule a missed tutorial, you are required to pay a Missed Tutorial Fee of $100 to be booked into another session.

If you don’t show or cancel less than 24 hours prior to starting a tutorial or practice teaching session you will be charged a Late Cancel Fee of $50. The Late Cancel Fee is enforced because numbers in these sessions are limited and if you cannot show up you’re taking up a place that someone else could be using

The Transfer Fee & Missed Tutorial Fees are non-punitive. They represent a reasonable estimate of our costs of reallocating you to a position in a new course intake and out from your old course intake.

We do not offer any refund in the event you are enrolled in Non-Accredited Training that includes interactive online learning sessions and you do not attend those sessions.  Depending on the course, you may also forfeit your opportunity to complete the course.

8.7 Change of Mind

We do not offer any refund of any Fees for Services that have been delivered if you change your mind or your personal circumstances change after your enrolment is confirmed and you can no longer participate in your training program. We do, however offer a Satisfaction Guarantee which is discussed below at clause 8.9.

8.8 Extenuating Circumstances

We reserve a discretion, exercised by us alone, to vary our enforcement of these Terms in the event that there are special circumstances that warrant us to do so and are to the benefit of you, our Student. Such circumstances are assessed on a case-by-case basis and any decision on our part as to the exercise of this discretion is final. Please note, we do not consider changes in your personal circumstances that are beyond our influence or control in and of themselves extenuating circumstances. For this reason, we do not consider students falling pregnant, changes to work situations or schedules or getting married extenuating circumstances for the purpose of this clause.

Examples of the types of situations we will consider (but are not obliged to recognise as) extenuating circumstances are:

  • Death of a family member in your immediate family;
  • Serious medically diagnosed illness – of you or of a member in your immediate family.

In all situations when we consider extenuating circumstances we will ask you to support your request with documentation that demonstrates to our satisfaction (not yours) your claim. For example, if you identify that you have a medically diagnosed illness, we will ask for supporting documentation and will require a degree of specificity about your medically diagnosed illness that will address why you are unable to attend.

8.9 Satisfaction Guarantee

We will offer you a full refund of your course Fee in the event you are not wholly satisfied with your experience.

The following conditions apply:

1. You must have fully completed your course, with 100% of assessments completed successfully

2. You must have successfully completed all practical & written assessments, e-learning, self-practice, observation and practice teaching requirements of your course. Successful completion means identified as competent and eligible to graduate. Details of these components are published at https://breathe.edu.au/requirements-to-graduate/.

3. You elect to either receive either your qualification or the full refund.

4. You have 5 business days after the completion of all course requirements to notify Breathe in writing that you elect to obtain the full refund. Subject to your rights under Consumer Law, if you do not notify Breathe within 5 business days of completing all course requirements or if you otherwise notify us in writing that you are electing to graduate, you will not be entitled to a refund under this 100% satisfaction guarantee.

5. We may determine that certain students are ineligible to claim the 100% satisfaction guarantee refund. At the date of publishing, students with pre-existing Pilates or Personal Training qualifications are ineligible.

9. Non-payment & Student default

9.1 Student default

You will be in breach of these Terms and Conditions and in Default if:

a. You breach our Code of Conduct;

b.  You breach the terms of this Agreement as they apply to Confidentiality or Intellectual Property;

c. You make or cause a Payment Default to be made; or

d. You are declared or commit an act of bankruptcy, enter into an arrangement or composition with your creditors, signs an authority under Part X of the Bankruptcy Act or any execution is levied against your property.

9.2 Payment Default

By submitting your enrolment, you consent for the Company to deduct the Fee for your training program. For Accredited Training the Fee is deducted in the form of Periodic Payments and for Non-Accredited Training the Fee is deducted either in one go upon confirmation of your enrolment or in the form of Periodic Payments.  By agreeing to our Terms, you agree to our use of the payment credentials you have supplied to us in order to deduct the Fee for the Services.

In the event that you do not make payment of the Fee for our Services, including if a Periodic Payment or other payment is declined (Payment Default), we will contact you to advise you of the Payment Default and request prompt or immediate payment.

9.3 Consequence of Student Default

For clarity, you acknowledge and agree that time is of the essence in so far as it relates to any obligation to pay the Fee or any money owed further to this Agreement, and that any Default, including a Payment Default is to be regarded a material breach of this Agreement.

In the event that a Default occurs, the Company reserves the right to:

a. terminate or suspend delivery of the Services, including the e-learning platform and the Facebook Group;

b. take any action it considers reasonably necessary to secure performance of this Agreement, including but not limited to referral of the matter to a third party, such as the Company’s lawyers, to recover any debt owed to the Company, charge interest on all amounts you  owe us at the rate of 1% per month calculated daily and payable by  you for each day immediately following the due date for payment until payment is made in full;

c. be reimbursed for, and recover from you, all costs and expenses incurred by the Company in seeking to collect amounts owed by you, including, without limitation, failed payment fees, the costs of any collection agents the Company engages, and the legal costs (on a solicitor and client basis) the Company pays;

d. demand immediate payment for all Services delivered to you by the Company, the payment of which would otherwise not have been then due and payable;

e. terminate or suspend delivery of any Services which is the subject of any other sale between you and us;

f. refer the debt to debt collectors or credit reporting agencies, which could affect your credit rating; and

g. terminate this Agreement and cease providing you with the Services. The Company will not be obliged to notify you before exercising its rights as outlined above and these rights will be in addition to any other rights that the Company may have at law or in equity.

10. Academic and Financial Credit

If you transfer out of, or cancel your enrolment in one training program and enrol in another within 12 months of transferring or cancelling your enrolment in the first training program, you will, subject to the provisions of this clause 10, receive academic credit for completed units of study common to both training programs and financial credit for any course payments you have made towards those units of study under these Terms of Service, less the Cancellation/Variation Fee.

Financial Credit

If you re-enrol in the same training program within 12 months of cancelling your enrolment, you will receive from us financial credit for any payments you have made towards your training program under these Terms of Service, less the Cancellation/Variation Fee.

Academic Credit

If you cancel your enrolment and terminate the provision of our Services, you will receive a Statement of Attainment for any units of study that you have completed. Incomplete units are not eligible for academic credit.

If you have successfully completed a unit of study you will receive academic credit for that unit of study for so long as we retain our ASQA accreditation for that particular Accredited Training program. From time-to-time (approximately every 5 years) we re-accredit our Accredited Training programs with ASQA. If you enrol in a later training program that happens to fall after a re-accreditation, you will not receive academic credit if the unit of study you completed in the earlier training program is no longer part of the re-accredited training program. On the other hand, if the unit of study completed in the earlier training program is part of the re-accredited training program you will receive academic credit for it. In all instances we endeavour to recognise prior learning where sufficient evidence of same is provided but we reserve the exclusive right to determine whether a particular training program qualifies for academic credit and/or a student is recognised for prior learning.

11. Confidentiality

11.1 Definitions

For the purpose of this clause:

Confidential Information means the following, whether or not in material form:

a. all information already disclosed or to be disclosed or made available by the Recipient to the Discloser further to the terms of this Agreement or otherwise divulged to the User in the course of the Discloser providing the Services;

b. that part of all notes and other records prepared by the Recipient or the Discloser based on, or incorporating, the Confidential Information; and

c. all copies of any Confidential Information.

Discloser means the Company

Permitted Purpose means the provision of the Services to the Student.

Recipient means the you, the Student.

11.2 Disclosure and use

The Recipient must:

a. keep the Confidential Information in strict confidence and only use the Confidential Information for the Permitted Purpose;

b. not disclose, or cause or permit the disclosure of, the Confidential Information nor allow any other persons to do so, except with the prior written consent of the Discloser;

c. not make use of the Confidential Information to the commercial, financial or competitive disadvantage of the Discloser nor allow any other persons to do so; and

d. not reproduce any Confidential Information,

except where the Confidential Information is required to be disclosed by applicable law, or under compulsion of law by a court or Government agency, as long as the Recipient discloses the minimum amount of Confidential Information required to satisfy the law and before disclosing any information, the Discloser

e. promptly notifies the Discloser before making any such disclosure;

f. takes all reasonable measures to oppose or restrict such disclosure, or to make disclosure on terms which preserves as far as possible the confidentiality of the Confidential Information; and

g. takes such steps as reasonably required by the Discloser (at the Discloser’s cost) to permit the Discloser to have a reasonable opportunity to oppose or challenge or restrict the disclosure by lawful means; or

h. is or becomes available in the public domain otherwise than as a result of a breach of this Agreement or other obligation of confidence.

11.3 Breach and remedy

The Recipient must notify the Discloser immediately if it becomes aware of a suspected or actual breach of this clause and take all reasonable steps (other than initiating court proceedings), at its own expense, required to prevent or stop the suspect or actual breach.

11.4 Injunctive relief

The Recipient acknowledges that the Discloser may suffer financial and other loss and damage if any unauthorised act occurs in relation to Confidential Information of the Discloser, that monetary damages would be an insufficient remedy and in addition to any other remedy available at law or in equity, the Discloser is entitled to injunctive relief to prevent a breach of, and to compel specific performance of this clause.

11.5 Indemnity

The Recipient indemnifies the Discloser and its related entities for any actual and direct loss or damage suffered by the Discloser or its related entities resulting from a breach of this Agreement by the Recipient or as a result of any unauthorised use or disclosure of any Confidential Information by any Permitted Person.

 11.6 Return or destruction

Subject to clause 11.7, if requested by the Discloser, the Recipient’s right to use the Confidential Information ceases and the Recipient must immediately, at the Discloser’s sole option: return to the Discloser; destroy and certify in writing to the Discloser the destruction of; or destroy and permit the Discloser to witness the destruction of all Confidential Information.

11.7 Exemption

Clause 11.6 does not apply to or require the return, deletion, alteration or destruction of any legal advice or opinions prepared for or by the Recipient.

12. General Conditions

12.1 License

By accepting the terms and conditions of this Agreement, you are granted a limited, non-exclusive and revocable licence to access and use the Services, including the e-learning platform and the learning materials contained on it, for the sole purpose of the provision of the Services to you, for the duration of this Agreement, in accordance with the terms and conditions of this Agreement.  The Company may issue the licence to you on any further terms or limitations as it sees fit.  The Company may revoke or suspend your licence in its absolute discretion for any reason that it sees fit, including for breach of the terms and conditions in this Agreement by the User.

12.2        Modification of Terms

The terms of this Agreement may be updated by the Company from time-to-time.  Where the Company modifies the terms, it will provide you with notice or a copy of the updated Agreement. The current Terms may be found published on https://breathe.edu.au/. It is your responsibility to ensure that you have read any updated Terms, and you will be required to accept the modified Agreement when such updates are made, or will otherwise be taken to have agreed to such modified Terms, which will become binding on you, if you continue to use and access our Services, or do not provide us with notice in writing within 14 days of receiving our notice that you object to the varied Terms.

12.3        E-learning platform; software-as-a-Service

You agree and accept that the Company’s e-learning platform is:

a.      Hosted by the Company and shall only be installed, accessed and maintained by the Company, accessed using the internet or other connection to the servers operated by the Company and is not available ‘locally’ from the your systems; and

b.     Managed and supported exclusively by the Company from the servers operated by the Company and that no ‘back-end’ access to the e-learning platform is available to you unless expressly agreed in writing.

As a hosted and managed service, the Company reserves the right to upgrade, maintain, tune, backup, amend, add or remove features, redesign, improve or otherwise alter the e-learning platform.

 12.4       Support

The Company provides user support for the e-learning platform via the email address support@breathe.edu.au.

The Company shall endeavour to respond to all support requests within 3 Business Days.

12.5        Use & Availability

You agree that you shall only use the Services for legal purposes and shall not use it to engage in any conduct that is unlawful, immoral, threatening, abusive or in a way that is deemed unreasonable by the Company in its discretion.

You are solely responsible for the security of your username and password for access to the e-learning platform. You must notify the Company as soon as you becomes aware of any unauthorised access of its account.

You agree that the Company shall provide access to the e-learning platform and any other virtual learning system made available by the Company to the best of its abilities, however access to platform may be prevented by issues outside of the Company’s control and it accepts no responsibility for ongoing access to the e-platform or virtual learning system, except to the extent that it required to do in accordance with Consumer Law.

12.6        Privacy

The Company maintains the Privacy Policy in compliance with the provisions of the Privacy Act for data that it collects about you.  The Privacy Policy is available here. https://breathe.edu.au/privacy-policy/ The Company may use cookies (a small electronic tracking code) to improve a your experience while browsing, while also sending browsing information back to the Company. You may manage how your browser handles cookies in your browser settings.

12.7       Data

Security. The Company takes the security of the e-learning platform and the privacy of its students very seriously. You agree that you shall not do anything to prejudice the security or privacy of the Company’s systems or the information on them.

Transmission. The Company shall do all things reasonable to ensure that the transmission of data occurs according to accepted industry standards. It is up to the User to ensure that any transmission standards meet your operating and legal requirements.

Storage. The Company stores data on servers based in Australia and elsewhere globally according to accepted industry standards. If you require its User Content to be stored in a different location, the Company may charge the User a fee to do so.

Backup. The Company shall perform backups of its entire systems in as reasonable manner at such times and intervals as is reasonable for its business purposes. The Company does not warrant that it is able to backup or recover specific information from any period of time unless so stated in writing by the Company.

12.8       Intellectual Property

Trademarks. The Company has moral & registered rights in its trademarks and you must not copy, alter, use or otherwise deal in the marks without the prior written consent of the Company.

Proprietary Information. The Company may use software and other proprietary systems and Intellectual Property for which the Company has appropriate authority to use, and you agree that such is protected by copyright, trademarks, patents, proprietary rights and other laws, both domestically and internationally. You warrant that you shall not infringe on any third-party rights through the use of the Services or the Information About the Services.

Services, including but not limited to the e-learning platform. You agree and accept that Services, including but not limited to the e-learning platform and content contained on it is either the Intellectual Property of the Company or the Intellectual Property of a third party further to which the Company is licensed to use that Intellectual Property and you further warrant that by using Services you will not:

c.      Copy the Services, including but not limited to the information contained on the e-learning platform or otherwise provided to you, or any part thereof, for any other purpose except your use of the Services; or

d.     Directly or indirectly copy, recreate, decompile, reverse engineer or otherwise obtain, modify or use any source or object code, architecture, algorithms contained in the e-learning platform or any documentation associated with it.

Content. All content submitted to the Company, whether via the e-learning platform or directly by other means, becomes and remains the Intellectual Property of the Company, including (without limitation) any source code, analytics, insights, ideas, enhancements, feature requests, suggestions or other information provided by you or any other party with respect to the e-learning platform.

12.9       Disclaimer of Third Party Services & Information

You acknowledge that the Company’s Services, including but not limited to the digital platform hosted on its website, further to which enrolment may be made by you and your payment credentials and other information supplied; the e-learning platform; and the Facebook Group are dependent on third-party services, including but not limited to:

a.      Banks, credit card providers and merchant gateway providers;

b.     Telecommunications services;

c.      Hosting services;

d.     Email services; and

e.      Analytics services.

You agree that the Company shall not be responsible or liable in any way for Interruptions to the availability of the Services or the Facebook Group due to third-party services or information contained on any linked third-party website.

12.10     Termination

We may terminate this Agreement for no reason by giving you one months’ written notice and immediately you are in breach of these Terms or our Code of Conduct.

You may terminate this Agreement at any time upon written notice, subject to payment of all applicable Fees due in accordance with these Terms.

Termination of this Agreement is without prejudice to and does not affect the accrued rights or remedies of any of the parties arising in any way out of this agreement up to the date of expiry or termination.

All of the rights and obligations of each party under these Terms which are expressed as surviving termination and/or expiry, or which by their nature or context must survive termination and/or expiry, will survive the termination and/or expiry of this Agreement.

12.11     Dispute Resolution

12.11.1 If any dispute arises between the parties in connection with this Agreement (Dispute), then either party may notify the other of the Dispute with a notice (Dispute Notice) which:

a.      Includes or is accompanied by full and detailed particulars of the Dispute; and

b.     Is delivered within 10 Business Days of the circumstances giving rise to the Dispute first occurring.

12.11.2  Within 10 Business Days after a Dispute Notice is given, a representative of each party with the authority to resolve the dispute, must meet (virtually or otherwise) and seek to resolve the Dispute.

12.11.3 Subject to clause 12.11.4, a party must not bring court proceedings in respect of any Dispute unless it first complies with the requirements of the dispute resolution mechanism outlined in this clause.

12.11.4  Nothing in this clause prevents either party from instituting court proceedings to seek urgent injunctive, interlocutory or declaratory relief in respect of a Dispute.

12.11.5  Despite the existence of a Dispute, the parties must continue to perform their respective obligations under this document and any related agreements.

12.12     Electronic Communication, Amendment & Assignment

The words in this clause that are defined in the Electronic Transactions Act 1999 (Cth) have the same meaning.

A consent, notice or communication under this Agreement is effective if it is sent as an electronic communication unless required to be physically delivered under law.

You can direct notices, enquiries, complaints and so forth to the Company as set out in this Agreement. The Company will notify you of a change of details from time-to-time.

The Company will send you notices and other correspondence to the details that you submit to the Company, or that you notify the Company of from time-to-time. It is your responsibility to update its contact details as they change.

Notices must be sent to the parties’ most recent known contact details.

You may not assign or otherwise create an interest in this Agreement.

The Company may assign or otherwise create an interest in its rights under this Agreement by giving written notice to you.

12.13     Miscellaneous

Entire Agreement. Each party acknowledges that it has not relied on any representation, warranty or statement made by any other party, other than as set out in this Agreement and that this Agreement, including any terms incorporated by reference, forms the entire agreement between the parties in relation to the Company’s provision of the Services.

Relationship. The relationship of the parties to this Agreement does not form a joint venture or partnership.

Waiver. No clause of this Agreement will be deemed waived and no breach excused unless such waiver or consent is provided in writing. Any failure, delay, or omission by the Company to insist upon strict performance of this Agreement shall not constitute a waiver or variation of such obligations or rights or a waiver of the default or remedy thereof.

Further Assurances. Each party must do anything necessary (including executing agreements and documents) to give full effect to this Agreement and the transaction facilitated by it.

Governing Law and Jurisdiction. This Agreement is governed by the laws of Victoria, Australia. The Company may elect in which jurisdiction to commence legal action for enforcement of this Agreement.

Severability. Any clause of this Agreement, which is invalid or unenforceable, is ineffective to the extent of the invalidity or unenforceability without affecting the remaining clauses of this Agreement.

Interpretation. The following rules apply unless the context requires otherwise:

a.              Headings are only for convenience and do not affect interpretation.

b.              The singular includes the plural and the opposite also applies.

c.               If a word or phrase is defined, any other grammatical form of that word or phrase has a corresponding meaning.

d.              A reference to a clause refers to clauses in this Agreement.

e.              A reference to legislation is to that legislation as amended, re-enacted or replaced, and includes any subordinate legislation issued under it.

f.               Mentioning anything after includes, including, or similar expressions, does not limit anything else that might be included.

g.              A reference to a party to this Agreement or another agreement or document includes that party’s successors and permitted substitutes and assigns (and, where applicable, the party’s legal personal representatives).

h.              A reference to a person, corporation, trust, partnership, unincorporated body or other entity includes any of them.

i.               A reference to information is to information of any kind in any form or medium, whether formal or informal, written or unwritten, for example, computer software or programs, concepts, data, drawings, ideas, knowledge, procedures, source codes or object codes, technology or trade secrets.

Breathe Education Pty Ltd (ABN 30 154 699 019) Code of Conduct

1.    Introduction

The Company provides Accredited Training and Non-Accredited Training in evidence-based rehabilitation and exercise methods (Services). Accredited Training programs are ASQA accredited courses delivered by way of the Company’s static e-learning platform and interactive online components.  Non-Accredited training programs may be delivered via interactive online components, online by way of the Company’s e-learning platform or a combination of both.   Supply of and access to the Services is subject to this Code of Conduct, which applies to both our on and offline learning, and sets out standards of behaviour we expect from students and maintain in our learning environments. We publish our Code of Conduct on our website at www.breathe.edu.au.  We may update this Code from time to time.

By enrolling in one our training programs you agree to be bound by our Code of Conduct. The overarching goal is to be inclusive to the largest number of participants, with the most varied and diverse backgrounds possible. As such, we are committed to providing a friendly, safe and welcoming education environment for all, regardless of gender, sexual orientation, ability, ethnicity, socioeconomic status, and religion (or lack thereof).

This Code of Conduct outlines our expectations for students and all those who participate in our education community, as well as the consequences for unacceptable behaviour.

2.    Expected Behaviour

The following behaviours are expected and requested of all our education community members:

  • Participate in an authentic and active way. In doing so, you contribute to the health and longevity of this community.
  • Exercise consideration and respect in your speech and actions.
  • Attempt collaboration before conflict.
  • Refrain from demeaning, discriminatory, or harassing behaviour and speech.
  • Be mindful of your surroundings and of your fellow participants. Alert community leaders if you notice a dangerous situation, someone in distress, or violations of this Code of Conduct, even if they seem inconsequential.
  • Remember that community event venues you may be provided access to may be shared with members of the public; please be respectful to all patrons of these locations.

3.    Unacceptable Behaviour

The following behaviours are considered harassment and are unacceptable within our education community:

  • Violence, threats of violence or violent language directed against another person.
  • Sexist, racist, homophobic, transphobic, ableist or otherwise discriminatory jokes and language.
  • Posting or displaying sexually explicit or violent material.
  • Posting or threatening to post other people’s personally identifying information (“doxing”).
  • Personal insults, particularly those related to gender, sexual orientation, race, religion, or disability.
  • Inappropriate photography or recording.
  • Unwelcome sexual attention. This includes, sexualized comments or jokes; inappropriate touching, groping, and unwelcomed sexual advances.
  • Deliberate intimidation, stalking or following (online or in person).
  • Advocating for, or encouraging, any of the above behaviour.
  • Sustained disruption of community events, including talks and presentations.

4.    Consequences of Unacceptable Behaviour

Unacceptable behaviour from any education community member will not be tolerated.  Anyone asked to stop unacceptable behaviour is expected to comply immediately.  If a community member engages in unacceptable behaviour, we may take any action deemed appropriate, up to and including a temporary ban or permanent expulsion from the community and cease in the provision of any or all of our Services without warning and without refund, in accordance with our terms and conditions of service.

5.    Reporting unacceptable behaviour

If you are subject to or witness unacceptable behaviour, or have any other concerns, please notify us as soon as possible at support@breathe.edu.au.

6.    License and attribution

This Code of Conduct is based on the Citizen Code of Conduct and is distributed under a Creative Commons Attribution-ShareAlike license.

Breathe Education Pty Ltd (ABN 30 154 699 019) Privacy Policy

1.    Introduction

The Company provides Accredited Training and Non-Accredited Training in evidence-based rehabilitation and exercise methods (Services). Accredited Training programs are ASQA accredited courses delivered by way of the Company’s static e-learning platform and interactive online components.  Non-Accredited training programs may be delivered via interactive online components, online by way of the Company’s e-learning platform or a combination of both.

We may collect information on our website or by way of email or telephone call with our sales representatives. Use of the Services and collection of individual’s information in these ways is subject to this Privacy Policy, which are standards we have in place to protect the personal information we collect that is necessary and incidental to providing the Services and to our day-to-day operations. This Privacy Policy accords with the Australian Privacy Principles, as they apply to the handling of “Personal Information” as that term is defined, under the Privacy Act 1988 (Cth) and with the regulations and principles set by the European Union’s General Data Protection Regulation (GDPR) for the handling of Personal Data. When we refer to “Personal Information” or “Personal Data” in this policy, we are adopting the same definitions as the Privacy Act and the GDPR. By publishing this Privacy Policy, we aim to make it easy for our students and the public to understand what Personal Information we collect and store, why we do this, how we receive and/or obtain that information, and the rights an individual has with respect to their Personal Information in our possession.  We will update this policy as needed from time to time. We publish our Privacy Policy on our website www.breathe.edu.au.  We may do things in addition to what is stated in this Privacy Policy to comply with the Australian Privacy Principles and the GDPR, and nothing in this Privacy Policy shall deem us to have not complied with the Australian Privacy Principles and the GDPR.

2. Application – who and what our policy applies to

Our Privacy Policy addresses how we handle Personal Information and Private Data as those terms are defined further to the Privacy Act and the GDPR respectively. We handle Personal Information in our own right and reserve the right to handle it also for and on behalf of our students and other third parties.  Personal Information includes information collected and/or stored in physical or digital form. If at any time an individual provides Personal Information or other information about someone other than himself or herself, the individual warrants that they have that person’s consent to provide such information for the purpose specified.  We do not accept enrolments from people under the age of 18 and we do not knowingly collect personal data from minors without first obtaining parental consent.

3. Information We Collect

We collect Personal Information necessary and incidental to providing the Services and to our day-to-day operations.  This information allows us to identify who an individual is for the purpose of our business, to share Personal Information, contact an individual in the course of our business and transact with that individual.

Without limitation, the type of information we may collect includes Personal Information (such as personal details including name, location, date of birth, nationality, family details and other information defined as “Personal Information” in the Privacy Act that allows us to identify who an individual is); Contact Information (such as email address, physical address, telephone numbers and other information that allows us to contact an individual), Financial Information (being information related to an individual such as any bank or credit card details used to transact with us and other information that allows us to transact with the individual and/or provide them with our services), Technical Information (being IP Addresses of users accessing our systems, actions of users on our website and other digital information created by an individual’s use of our online systems, Statistical Information (being information about an individual’s online and offline preferences, habits, movements, trends, decisions, associations, memberships, finances, purchases and other information for statistical purposes and any other information an individual sends us or that is sent to us by others about the individual’s activities. We may collect other Personal Information about an individual, which we will maintain in accordance with this Privacy Policy.  We may also collect non-Personal Information about an individual such as information regarding their computer, network and browser. Where non-Personal Information is collected the Australian Privacy Principles and GDPR do not apply.

4. How is information collected

Most information will be collected in association with a student’s online enrolment and use of our website and  e-learning system.  However, we may also receive Personal Information from sources such as advertising, an individual’s own promotions, public records, mailing lists, contractors, staff, recruitment agencies and our business partners. In particular, information is likely to be collected as follows:

a.      Enrolment: When a user enrols or engages in another process whereby they enter Personal Information details in order to receive or access something, including our services;

b.     Sharing with other students: When a student provides Personal Information to other users of our website, e-learning platform or otherwise engages with other past or current consumers of our services;

c.      Supply: When an individual supplies us with goods or services;

d.     Contact: When an individual contacts us in any way;

e.      Access: When an individual accesses us physically we may require them to provide us with details for us to permit them such access. When an individual accesses us through the internet we may collect information using cookies (if relevant – an individual can adjust their browser’s setting to accept or reject cookies) or analytical services; and/or

f.       Pixel Tags: Pixel tags enable us to send email messages in a format customers can read and they tell us whether mail has been opened.

g.      During the course of teaching and learning: because we encourage students to share their learning experience with one-another and we may record these experiences in writing, or in audio or visual form.

Because there are many contexts in which we may collect Personal Information, we cannot list them all, but will endeavour to communicate that this is what we are doing and that our students and prospective students are aware when their Personal Information is being collected. If we obtain someone’s Personal Information by accident, we will either delete or destroy it or inform the person who’s information it is.

5.    When Personal Information is used or disclosed

a.      We endeavour not to use any Personal Information other than for the purpose for which it was collected other than with an individual’s permission. The purpose of collection is determined by the circumstances in which the information was collected and/or submitted.  We will only process Personal Information when we can identify a lawful basis to do so. It is always our responsibility to ensure that we can demonstrate which lawful basis applies to the particular processing purpose.

b.     The most common lawful bases relied upon are with an individual’s consent and when we have legitimate interests. We will only rely upon express, clear and informed consent. We will keep a record of when and how we got consent from an individual, which you may revoke at any time upon written request, except in relation to the image/likeness waiver students complete as part of their enrolment which is a precondition to enrolment. We will only rely upon an identifiable legitimate interest where we can demonstrate that the processing of Personal Information is necessary to achieve it by balancing it against the individual’s interests, rights and freedoms. We will keep a record of our legitimate interests assessments.

c.      We will retain Personal Information for the period necessary to fulfil the purposes outlined in this Privacy Policy unless a longer retention period is required or permitted by law.

d.     If it is necessary for us to disclose an individual’s Personal Information to third parties in a manner compliant with the Australian Privacy Principles in the course of our business, we will inform you that we intend to do so, or have done so, as soon as practical.

e.      We will not disclose or sell an individual’s Personal Information to unrelated third parties under any circumstances, unless the prior consent of the individual is obtained.

f.       Information is used to enable us to operate our business, especially as it relates to an individual. This may include: provision of goods and services between an individual and us, verifying an individual’s identity, communicating with an individual about our services, their relationship with us or offers, marketing and promotions from either us or our partners, investigating any complaints made by or about an individual or alleged or actual breaches of our Terms and Conditions of Service, or as required or permitted under any law.

g.      There are some circumstances in which we must disclose an individual’s information: these are where we reasonably believe that an individual may be engaged in fraudulent, deceptive or unlawful activity that a governmental authority should be made aware of; as required by any law (including the Privacy Act); and/or in order to sell our business (in that we may need to transfer Personal Information to a new owner).

h.     We will not disclose an individual’s Personal Information to any entity outside of Australia that is in a jurisdiction that does not have a similar regime to the Australian Privacy Principles or an implemented and enforceable privacy policy similar to this Privacy Policy. We will take reasonable steps to ensure that any disclosure to an entity outside of Australia will not be made until that entity has agreed in writing with us to safeguard Personal Information as we do.

i.       We may utilise third-pay service providers to communicate with an individual and to store contact details about an individual. These service providers may or may not be located in Australia.

j.       An individual who uses the e-learning platform or our website from outside of Australia will be sending information (including Personal Information) to Australia, the United States and Singapore, and possibly to other countries where our servers are located. That information may then be transferred within these aforementioned countries or back out of these countries to other countries outside of the individual’s country of residence, depending on the type of information and how it is stored by us. These countries may not necessarily have data protection laws as comprehensive or protective as those in your country of residence, however our collection, storage and use of Personal Information will at all times continue to be governed by this Privacy Policy.

6.    Opting in and out

An individual may opt to not have us collect their Personal Information. This may prevent us from offering them some or all of our services and may terminate their access to some or all of the services they access with or through us. Where relevant, the individual will have the right to choose to have information collected and/or receive information from us (Opt In); or the individual will have the right to choose to exclude himself or herself from some or all collection of information and/or receiving information from us (Opt Out).

7.    Security

a.      Our Data Protection Officer is appointed to oversee this Privacy Policy and compliance with the Privacy Act,  Australian Privacy Principles and the GDPR. This officer may have other duties within our business and also be assisted by internal and external professionals and advisors. You may contact our Data Protection Officer at support@breathe.edu.au in the first instance, or by writing to us at our registered address.

b.     We will take all reasonable precautions to protect an individual’s Personal Information from unauthorised access. This includes appropriately securing our physical facilities and electronic networks. We use SSL encryption to store and transfer Personal Information. Despite this, the security of online transactions and the security of communications sent by electronic means or by post cannot be guaranteed. Each individual that provides information to us via the internet, over the phone or by post does so at their own risk. We cannot accept responsibility for misuse or loss of, or unauthorised access to, Personal Information where the security of information is not within our control.

c.      We are not responsible for the privacy or security practices of any third party (including third parties that we are permitted to disclose an individual’s Personal Information to in accordance with this policy or any applicable laws) unless otherwise required by the Privacy Act and the GDPR. The collection and use of an individual’s information by such third parties may be subject to separate privacy and security policies.

d.     If an individual suspects any misuse or loss of, or unauthorised access to, their Personal Information, they should let us know immediately.

e.      We are not liable for any loss, damage or claim arising out of another person’s use of the Personal Information where we were authorised to provide that person with the Personal Information.

f.       Where there is a breach of security leading to the accidental or unlawful destruction, loss, alteration, unauthorised disclosure of, or access to, Personal Information, then:

i.       We will immediately establish the likelihood and severity of the resulting risk to wider rights and freedoms of natural persons;

ii.      If we determine there is a risk from the security breach, then we will immediately notify the relevant supervisory authority and provide all relevant information on the particular breach, and by no later than 72 hours after having first become aware of the breach;

iii.     If we determine there is a high risk from the security breach (a higher threshold than set for notifying supervisory authorities), we will immediately notify the affected individuals and provide all relevant information on the particular breach without undue delay.

g.      We will document the facts relating to any security breach, its effects and the remedial action taken, and investigate the cause of the breach and how to prevent similar situations in the future.

8.    Accessing and amending information

a.      Subject to the Australian Privacy Principles and the GDPR, an individual has the right to request from us the Personal Information that we have about them, and we have an obligation to provide them with such information as soon as practicable, and by no later than 28 days of receiving the written request. The individual is free to retain and reuse their Personal Information for their own purposes. We may be required to transmit the Personal Information directly to another organisation if this is technically feasible.

b.     If an individual cannot update their own information, we will correct any errors in the Personal Information we hold about an individual within 28 days of receiving written notice from them about those errors, or two months where the request for rectification is complex.

c.      It is an individual’s responsibility to provide us with accurate and truthful Personal Information. We cannot be liable for any information that is provided to us that is incorrect.

d.     Where a request to access Personal Information is manifestly unfounded, excessive and/or repetitive, we may refuse to respond or charge an individual a reasonable fee for our costs incurred in meeting any of their requests to disclose the Personal Information we hold about them. Where we refuse to respond to a request, we will explain why to the individual, informing them of their right to complain to the supervisory authority and to a judicial remedy without undue delay and at the latest within 28 days.

e.      We may be required to delete or remove all Personal Information we have on an individual upon request in the following circumstances:

i.       Where the Personal Information is no longer necessary in relation to the purpose for which it was originally collected and/or processed;

ii.      When the individual withdraws consent;

iii.     When the individual objects to the processing and there is no overriding legitimate interest for continuing the processing;

iv.     The processing of the Personal Information was otherwise in breach of the GDPR;

v.      The Personal Information has to be erased in order to comply with a legal obligation; and/or

vi.     The Personal Information is in relation to a child.

f.       We may refuse to delete or remove all Personal Information we have on an individual where the Personal Information was processed for the following reasons:

i.       To exercise the right of freedom of expression and information;

ii.      To comply with a legal obligation for the performance of a public interest task or exercise of official authority.

iii.     For public health purposes in the public interest;

iv.     Archiving purposes in the public interest, scientific research historical research or statistical purposes; or

v.      The exercise or defence of legal claims.

9.    Complaints and Disputes

If an individual has a complaint about our handling of their Personal Information, they should address their complaint in writing to The Data Protection Officer, Breathe Education Pty Ltd at support@breathe.edu.au or at the Company’s registered postal address, details of which are found on our website.

If we have a dispute that relates in any way to an individual’s Personal Information, we must first attempt to resolve the dispute directly amongst us. An individual shall to seek a judicial remedy where he or she considers that his or her rights under the GDPR have been infringed as a result of the processing of his or her Personal Information in non-compliance with the GDPR. Any proceedings should be commenced in Victoria, Australia.

If we become aware of any unauthorised access to an individual’s Personal Information we will inform them at the earliest practical opportunity once we have established what was accessed and how it was accessed.

10.  Contacting individuals

From time to time, we may send an individual important notices, such as changes to our terms and conditions of service and our policies. Because this information is important to the individual’s interaction with us, they may not opt out of receiving these communications.