TERMS & CONDITIONS OF SERVICE
Breathe Education Pty Ltd ABN 30 154 699 019 (we, us and our), has developed and makes available the Accredited Training Courses and Non-Accredited Training Courses to students.
These Terms, as may be amended by us from time to time, apply to our supply of the Services and to each student’s enrolment in an Accredited Training Course or Non-Accredited Training Course. As a pre-requisite to 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 or receive any of the Services.
Unless otherwise defined, the following definitions apply in these Terms:
Accredited Training Course means an Australian Skills Quality Authority (ASQA) accredited education program.
Course means either the Accredited Training Course or Non-Accredited Training Course you are enrolled in with us, as specified in your enrolment correspondence with us.
Course Fee means the fee payable for your enrolment in a Course, as specified on the Website or otherwise communicated to you.
Consequential Loss includes, but is not limited to, indirect losses such as loss of goodwill or reputation, loss of profits, loss of actual or anticipated savings, loss of bargain and loss of opportunity.
Course Material means any material provided to you by us in connection with your course, including any material made available on the e-learning platform.
e-Learning Platform means the online learning platform made available to you by us in connection with your enrolment in a Course.
Fee means any fee payable by you to us, including the Course Fee and any other fees specified by us at the time of your enrolment or published on our Website, or which are otherwise incurred by you in accordance with these Terms.
Intellectual Property includes all rights in present and future copyright, designs, trademarks, confidential information, inventions, patents, know-how, trade secrets, business names and domain names.
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.
Non-Accredited Training Course means a training program that is not ASQA accredited and related to education in evidence-based rehabilitation and exercise methods.
Periodic Payments means payments made by you to us according to an agreed payment schedule.
Policies means any of our policies, procedures, handbooks or manuals which are published on the Website or otherwise made available to you, including via the e-Learning Platform, as may be introduced or updated by us from time to time,
Services means the services provided to you by us in connection with your enrolment in a Course, including access to the e-Learning Platform and the Course Materials and the delivery of the Course.
Website means our website located at https://breathe.edu.au/, including any subdomains of that address.
You or your means the person who is enrolled in the Course and who we will provide the Services to, as named on the enrolment form and in our correspondence with you.
2. Term and Termination
2.1 Your enrolment in a Course begins when you submit your enrolment request and it is confirmed by us in the form of a confirmation email providing you with login credentials to the e-Learning Platform. The confirmation will be sent to your nominated email address provided in your enrolment request. 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, and your enrolment in your Course will not commence until they have accepted these Terms.
2.2 Your enrolment will continue (subject to earlier termination in accordance with these Terms) until completion of the Course.
2.3 You may cancel your enrolment in your Course at any time by providing us with notice in writing to firstname.lastname@example.org. Without limiting your rights at clause 6.9 (if you are enrolled in an Accredited Training Course), your rights at law and unless otherwise set out in these Terms, if you cancel your enrolment in your Course, or if we terminate your enrolment in your Course in accordance with clause 2.4, one of the following cancellation fees will apply:
a) if your written notice of cancellation is received by us, or we provide you with notice of termination, more than 30 days prior to your original Course intake date (as listed on the Website or notified to you at the time of enrolment) you will be required to pay 10% of the Course Fee;
b) if your written notice of cancellation is received by us, or we provide you with notice of termination, 1-29 days prior to your original Course intake date you will be required to pay 25% of the Course Fee; and
c) if your written notice of cancellation is received by us, or we provide you with notice of termination, any time from the original Course intake date onwards you will be required to pay 100% of the Course Fee.
2.4 We may terminate or suspend your enrolment in your Course at any time by providing you with notice in writing if you breach these Terms or any of our Policies and do not remedy the breach within 14 days, or immediately if the breach is not capable of being remedied.
2.5 If we terminate or suspend your enrolment in accordance with clause 2.4, we reserve the right to demand immediate payment for all Fees due under these Terms, the payment of which would otherwise not have been then due and payable, and may refer enforcement of such payment to our lawyers, or refer the debt to debt collectors or credit reporting agencies.
3. Course Delivery & 100% Satisfaction Guarantee
3.1 The Course and the Services are delivered to you in one or a combination of the following components:
a) interactive online sessions with practical assessments; and
b) static online learning with written assessments.
3.2 Once you have been provided login credentials to access the e-Learning Platform, you will have access to, and full personal use of, all of the valuable online Course Materials corresponding to your Course.
3.3 As the Course may be delivered in whole or in part online, you must ensure that you have a reliable internet connection and sufficient technological and other equipment. You must also ensure you have adequate space and the necessary equipment to the conduct practical components of your Course, as set out in the Course handbook or otherwise communicated to you by us, to enable you to complete the Course.
3.4 We may vary the method of delivery of the Course or the Services (in whole or in part), by providing you with notice in writing.
3.5 The Course and the Services are delivered, and you agree to comply with, our Policies which may be in force from time to time and made available to you.
3.6 We may reschedule sessions, lectures and tutorial times by providing you with a minimum of 24 hours’ advance notice, including in circumstances where the number of students registered to attend the relevant session, lecture or tutorial does not meet our minimum attendance requirements.
3.7 We will use all reasonable endeavours to deliver your Course to a high standard, however, if you are not 100% satisfied with your experience on the Course, you may be entitled to a full refund of your Course Fees, subject to the following conditions:
a) you must have successfully completed your Course, including all practical & written assessments, e-learning, self-practice, observation and practice teaching requirements for your Course. Successful completion means that you have been identified as competent and eligible to graduate. Details of these components are published at https://breathe.edu.au/requirements-to-graduate/;
b) if you elect to receive a full refund under this clause 3.5, you will not be issued with any qualification that may have been obtained through completion of the Course;
c) you must submit your request for a refund under this clause 3.5 to us in writing to email@example.com within 5 business days of completing your Course. Subject to your rights at law, if you do not notify us within 5 business days of completing your Course, or if you otherwise notify us in writing that you are electing to graduate and receive your qualification, you will not be entitled to a refund under this clause 3.5; and
d) we may determine that certain students are ineligible to claim a refund under this clause 3.5. As at the date of publishing, students with pre-existing Pilates or personal training qualifications are ineligible.
4. Course Changes and Missed Tutorial Fee
4.1 If you need to defer or change your Course you must:
a) notify us in writing by emailing firstname.lastname@example.org;
b) include in your notice details of the date you will be deferring your Course until (no indeterminate deferrals will be accepted and you must still complete your Course within 12 months of its original intake date), or which Course you will be transferring to (as applicable); and
c) pay the Fee of $500 to us (Change Fee). Your deferral or change request will not be actioned by us, and you will continue to be charged the Course Fees in accordance with any agreed payment plan, until we have received the Change Fee.
4.2 If you have not met the assessment requirements for your Course, or you have missed 4 or more weeks of tutorials, you must defer your Course and will be liable to pay us the Change Fee in consideration for the us administering the variation to your Course.
4.3 Whilst you are able to defer or change your Course and change sessions, lectures and tutorial times (provided you adhere to our Assessment and Tutorial Requirements available at https://breathe.edu.au/assessment-policies/) you are required to complete your Course within 12 months from the original Course intake date, as notified to you by us.
4.4 If you miss a tutorial without providing us at least 24 hours’ notice that you will not be attending, you will be charged $100 for that missed tutorial. The funds will be charged to the credit card we have on file.
5. Academic and Financial Credit.
5.1 If you transfer out of, or cancel your enrolment in one Course and enrol in another Course provided by us within 12 months of transferring from, or cancelling your enrolment in, the first Course, you may receive academic credit towards that Course in accordance with clauses 5.2 and 5.3.
5.2 If you cancel your enrolment and terminate the provision of our Services and our delivery of the Course, if applicable to your Course you may receive a Statement of Attainment for any units of study that you have completed. Incomplete units are not eligible for academic credit.
5.3 If you have successfully completed a unit of study in an Accredited Training Course, you will receive academic credit for that unit of study for so long as we retain our ASQA accreditation for that particular Course. From time-to-time (approximately every 5 years) we re-accredit our Accredited Training Courses with ASQA. If you enrol in a later Course that commences after re-accreditation, you will not receive academic credit if the unit of study you completed in the earlier Course is not part of the re-accredited Course. If the unit of study completed in the earlier Course is part of the re-accredited Course, you will receive academic credit for that unit. In all instances we endeavour to recognise prior learning where sufficient evidence is provided, however we reserve the right to determine whether a particular training program qualifies for academic credit and whether a student’s prior learning is recognised.
6.1 We will provide you with enrolment in the Course and the Services for the Fees and on the payment terms agreed with us. Unless otherwise marked, all Fees are stated exclusive of GST and quoted in Australian dollars.
6.2 You are required to supply your payment credentials to us when submitting your enrolment request and agree that we may use these credentials to deduct any Fees due in accordance with these Terms.
6.3 If you do not pay any Fees by the date they are due and payable, we reserve the right to:
a) suspend your enrolment in the Course and the provision of the Services, including access to the e-Learning Platform;
b) charge interest on the overdue amount at a rate of up to 1% per month in excess of the Reserve Bank of Australia cash rate, calculated from the due date for payment of the relevant Fees to the actual date of payment; and
c) recover from you our debt recovery fees, including but not limited to, solicitors fees (on a full indemnity basis), court costs and collection agency fees.
6.4 For Non-Accredited Training Courses we may charge the Course Fee either up front at the time or enrolment or according to an agreed payment schedule. By agreeing to these Terms, you agree to us deducting the Fee at the agreed intervals, commencing from the date of your enrolment.
6.5 For Accredited Training Courses we charge Periodic Payments of the Course 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. By agreeing to these Terms, you agree to us deducting the Periodic Payments at the agreed intervals, commencing from the date of your enrolment.
6.6 It is your responsibility to ensure that your payment credentials are kept up to date, and that sufficient funds are available for us to deduct any Fees due in accordance with these Terms. If payment of any Fees fails for any reason, you may be liable for additional costs incurred by us such as failed payment administration charges.
6.7 If you are making Periodic Payments or we have otherwise agreed that you may pay any Fees in instalments, we may alter your payment schedule by providing you with reasonable advance notice. If such alteration will cause you unreasonable hardship, please contact us and we may agree to an alternate payment schedule.
6.8 Subject to our 100% satisfaction guarantee provided under clause 3.5, our cancellation policy and without limiting your rights at law, we do not offer refunds for payments that have already been made and you remain liable for the total amount of the Course Fees and any other Fees due in accordance with these Terms. You will not be eligible for a refund for the value of online Course Materials made available to you, irrespective of whether you have accessed or used these materials.
6.9 For students enrolled in an Accredited Training Course only, if you cancel your enrolment prior to completion, we will provide a fee waiver for the value of the Course and the Services that has not been delivered to you, noting that all Course Material is deemed delivered at the time you are provided first access to those Course Materials, irrespective of whether you have accessed them at all or when you have chosen to access them.
6.10 The fee waiver provided under clause 6.9 applies to future Periodic Payments you are yet to make but which we are contractually entitled to charge you for. We will apply the fee waiver only after you have paid any applicable Change Fee and/or Cancellation Fee.
7. Warranties, Guarantees & Liability
7.1 Except as expressly provided in these Terms, all conditions, guarantees and warranties, whether express or implied, in respect of the Services or the Course are excluded to the fullest extent permitted by law. Our liability in respect of any Loss arising in connection with a failure in our provision of the Services or a breach of these Terms excludes Consequential Loss and is limited, at our option, to either a re-supply of the Services, a refund for the Services, or reimbursement for the cost of a third party re-supplying the Services.
7.2 Without limiting any other provision of these Terms and excluding Loss which arises as a direct result of our negligence, we, our related entities, officers, employees, contractors and consultants are not liable for any Loss or injury you may suffer as a result of your participation in the Course or receipt of the Services.
7.3 You acknowledge that, where the Course is delivered online, we do not control your environment or the equipment you are using and you release us from all liability for any Loss or injury suffered or incurred by you which may arise as a result of your participation in the Course or receipt of the Services from such locations and the failure of any equipment you are using, to the extent that such Loss is not caused by our negligent acts or omissions.
7.4 You agree to indemnify us and to keep us indemnified for any against any Loss we may suffer or incur in connection with your breach of these Terms, or which otherwise may arise in connection with your receipt of the Services.
8. Intellectual Property
8.1 Any Course Material made available to you is our Intellectual Property, or that of our licensors, and is for your personal use only. You are not permitted to distribute, copy, publish or otherwise make the Course Material available to any other person.
8.2 We may enable you to create or publish content, online via the e-Learning Platform or otherwise, during your receipt of the Services (User Content). By doing so you shall not acquire an interest to any Intellectual Property owned by us or our licensors, and any modifications or improvements to such material will remain our sole and exclusive property, or that of our licensors.
8.3 You warrant to us that any User Content provided by you:
a) is your property, or that you are otherwise authorised to provide such User Content to us in accordance with these Terms; and
b) will not contain any material that is illegal, offensive, indecent or objectionable.
8.4 You acknowledge and agree that:
a) we are not liable for any User Content;
b) we may suspend access to, remove or edit User Content via the e-Learning Platform or otherwise that we consider, at our sole discretion, is illegal, offensive, indecent or objectionable; and
c) by providing us with the User Content, you are granting us a royalty free, perpetual, worldwide licence, including the right to sublicense, to modify, publish, display, communicate and create derivative works of, such User Content.
8.5 In the course of us delivering the Services, we may take photos, screen captures or other visual or audio recordings of you. You acknowledge and agree that we may use your name, likeness, audio-visual and/or photographic image, without any obligation to attribute such work, or pay any royalty or fee, to you, in connection with and for the purpose of:
a) the administration of your enrolment with us;
b) creating publications, marketing and education materials, including publishing such material on our Website and e-Learning Platform.
8.6 You acknowledge and agree that we are not responsible for, and will not be liable for, any interactions between students online, either on the e-Learning Platform or otherwise, and make no representation or warranty as to the accurateness or completeness of any information provided to you by any other student.
8.7 You must keep secret and secure any login credentials to the e-Learning Platform or any other secure online service made available to you by us. If you have reason to suspect that any other person is using your login credentials, you must notify us immediately in writing.
9.1 These Terms are the entire agreement between the parties in relation to their subject matter and supersede any previous agreements in relation to that subject matter. We may vary these Terms by providing you advance notice in writing.
9.2 A failure by us to exercise or delay in exercising any right, power or remedy under these Terms will not operate as a waiver under we make such waiver in writing.
9.3 If any part of these Terms is prohibited or unenforceable in any jurisdiction, the remainder of these Terms are no invalidated and remain in full force and effect.
9.4 These Terms are governed by the law of Victoria and each party submits to the jurisdiction of its courts.