TERMS & CONDITIONS OF SERVICE
Last updated 7 September 2022
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 and Conditions of Service (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 wherever You, our Student lives. If you are a Student and you are a resident of:
A. Australia, the Privacy Policy at ANNEXURE A applies;
B. the European Union, supplementary terms at ANNEXURE B relating to the GDPR apply;
C. the United States, supplementary terms at ANNEXURE C apply.
Please read these additional terms carefully as they supplement these Terms and from part of our agreement with you.
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.
1. Interpretation
Unless otherwise defined, the following definitions apply in these Terms:
Account means a unique account created for You to access our Course and Service or parts of our Course or Service.
Accredited Training Course means an Australian Skills Quality Authority (ASQA) accredited education program.
Affiliate means an entity that controls, is controlled by or is under common control with a party, where “control” means ownership of 50% or more of the shares, equity interest or other securities entitled to vote for election of directors or other managing authority.
Cancellation Fee is a percentage of your Course Fee and calculated according to the formula set out at clause 2.3.
Change Fee is the fee we charge for deferring or making specific changes to your Course and is defined at clause 4.1
Company means Company (referred to as either “the Company”, “We”, “Us” or “Our” in this Agreement) refers to Breathe Education Pty Ltd ABN 30 154 699 019
Course means either the Accredited Training Course or Non-Accredited Training Course you are enrolled in with us, or 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.
Credit Provider means any third party service provider of financial credit to Students, used by the Company.
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 (or to a Credit Provider, as the case may be), 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.
Original Content means any content provided as part of the Service, excluding content provided by You, by other users, or third-party content that we license or that is made publicly available.
Periodic Payments means payments made by you to us or to a Credit Provider (as the case may be) 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,
Privacy Policy means our privacy policy published on the Website or otherwise made available to you, as may be updated by us from time to time.
Promotions refer to contests, sweepstakes or other promotions that may be offered through the Service or communicated to you by any other means including but not limited to social media and email.
Services means the services provided to you by us in connection with your enrolment in a Course, including access to the e-Learning Platform, Website, subdomains, the delivery of the Course Materials and Course.
Terms and Conditions (also referred as “Terms”) mean these Terms and Conditions, including our Code of Conduct and applicable Privacy Policies and for US customers, the Supplementary Terms, which form the entire agreement between You and the Company regarding the use of the Service.
Third-party Social Media Service means any services or content (including data, information, products or services) provided by a third-party that may be displayed, included or made available by the Service.
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. Acknowledgement
These Terms govern the use of our Services and Courses and Course Materials and constitute the agreement that operates between You and the Company. These Terms set out the rights and obligations of all users regarding the use of the Services and Our Courses and Course Materials.
Your access to and use of the Service and Our Course and Course Materials is conditioned on Your acceptance of and compliance with these Terms. These Terms apply to all visitors, users and others who access or use the Service and Our Course and Course Materials. By placing an Order for a Course through the Service or with Our sales team, You warrant that You are legally capable of entering into binding contracts. By accessing or using the Service and Courses and Course Materials, You agree to be bound by these Terms and with Our policies, which are published on Our Website and updated from time to time. If You disagree with any part of these Terms or with our Policies then You may not access the Service or use Our Course or Course Materials.
You may be asked to supply certain information relevant to Your enrolment including, without limitation, Your name, Your email, Your phone number, Your credit card number, the expiration date of Your credit card, Your billing address, and Your shipping information. You represent and warrant that: (i) You have the legal right to use any credit or debit card(s) or other payment method(s) in connection with any enrolment; and that (ii) the information You supply to us is true, correct and complete. By submitting such information, You grant us the right to provide the information to payment processing third parties for purposes of facilitating the completion of Your enrolment.
Your access to and use of the Service and Courses and Course Materials is also conditioned on Your acceptance of and compliance with Our Assumption of Risk, Waiver of Liability and Indemnification Agreement (Our Release Agreement), Privacy Policy, and Code of Conduct (incorporated into these Terms), together with any Supplementary Terms (as applicable). Our Release Agreement formalizes your assumption of risk for Pilates exercise throughout our Course, Our Privacy Policy describes Our policies and procedures on the collection, use and disclosure of Your personal information when You use the Service or Our Products and tells You about Your privacy rights and how the law protects You. Please read Our Privacy Policy carefully before using Our Services or enrolling into our Courses. Our Code of Conduct describes our expectations of You in accessing our Service and using our Products, including participation in our Courses.
3. Term and Termination
3.1 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.
3.2 Your enrolment will continue (subject to earlier termination in accordance with these Terms) until completion of the Course, unless you choose to cancel your course or your enrolment is terminated by us further to the terms of this agreement.
3.3 You may cancel your enrolment in your Course at any time by providing us with notice in writing to support@breathe-education.com. Without limiting 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 3.5, 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; and
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;
3.4 On and from the date your Course commences, you may cancel your Course but you will be responsible for paying 100% of the Course Fee.
3.5 We may terminate or suspend your enrolment in your Course at any time by providing you with notice in writing if you breach any material Term of this agreement or a material term of any of our Policies and do not remedy the breach within 14 days, or immediately if the breach is not capable of being remedied.
3.6 If we terminate or suspend your enrolment in accordance with clause 3.5, 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.
4. Course Delivery, Refunds & 100% Satisfaction Guarantee
4.1 Deemed Delivery of Course Materials: All Course Materials are delivered to you when you are provided login credentials to the e-learning portal, which occurs immediately upon confirmation of your enrolment. Your Course Materials in their entirety are deemed delivered to you at the time you are first provided access to the Course Materials, by way of login credentials that permit you to access the e-learning portal when you so choose. The Course Materials are deemed delivered in their entirety upon the issuance of your e-learning login credentials, whether or not you use those credentials to access the e-learning portal and whether or not you choose to engage with the Course Materials in whole or in part, or when you choose to do so. Without limiting your rights at law, we do not offer any refund except for the refund provided at clause 3.7 (100% Satisfaction Refund) which is only available to Students who have successfully completed their entire course and STUDENTS ENROLLED IN COURSES THAT ARE ABANDONED OR INCOMPLETE FOR ANY REASON WHATSOEVER ARE NOT ENTITLED TO A REFUND OF ANY KIND. You Warrant that prior to your enrolment in one of our Courses that this important feature of our Course offering has been explained to you and you understand the financial implications of your decision to enrol in a course with us and limited opportunity to obtain a refund.
4.2 Virtual Course Delivery: The Course and the Services are delivered to you in a 100% virtual, online environment and in one or a combination of the following components:
a) interactive online sessions with practical assessments, which may be made available after the fact as recorded video assets;
b) course lectures – delivered live virtually or available as a recorded lecture; and
c) static online learning with written assessments.
4.3 Resource Requirements: As the Course is delivered wholly online, prior to completing this agreement you confirm that you have (and will continue to do so for the duration of your Course) a reliable internet connection and sufficient technological and other resources to access the Course Materials. 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.
4.4 We may vary the method of delivery of the Course or the Services (in whole or in part), by providing you with commercially reasonable notice in writing.
4.5 The Course and the Services are delivered in compliance with, and you agree to comply with, our Policies in force and updated from time to time and made available to you through publication on the Website.
4.6 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.
4.7 100% Satisfaction Guarantee Refund: 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 are entitled to a full refund of your Course Fees in the following circumstances:
If your Course is a Certificate in Pilates, you may obtain a full refund provided that you meet the following requirements:
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 4.7, 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 4.7 to us in writing to support@breathe.edu.au 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 4.7; and
d) Students that have pre-existing Pilates or personal training qualifications are ineligible to claim a refund under this clause 4.7.
If your Course is a Diploma, you may obtain a full refund provided that you meet the following requirements:
a) you must have successfully completed all modules of your course, including all practical & written assessments, e-learning, self-practice, observation and practice teaching requirements for each module.
b) if you elect to receive a full refund under this clause 4.7, you will NOT be issued with any qualification that may have been obtained through completion of the Course; and
c) you must submit your request for a refund under this clause 4.7 to us in writing to support@breathe.edu.au 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 4.7.
5. Course Changes and Missed Tutorials
5.1 If you need to defer or change your Course you must:
a) notify us in writing by emailing support@breathe-education.com;
b) include in your notice details of the date you will be deferring your Course until (no indeterminate deferrals will be accepted) and only 1 deferral is allowed per enrolment.
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.
5.2 If you have not met the assessment requirements for your Course, or you have missed 2 or more weeks of tutorials, you must defer your Course and will be liable to pay us the Change Fee in consideration for us administering the variation to your Course.
5.3 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:
a) If you are enrolled in your Course on or before 1 January 2023, within 12 months from the original Course intake date, as notified to you by us; and
b) if you are enrolled in a Certificate of Pilates Course from 1 January 2023, Certificate – Jan 2023, you must complete your online coursework within 6 months and practice teaching within 12 months;
c) if you are enrolled in a Diploma Course from 1 January 2023, Certificate – Jan 2023, you must complete all coursework within 24 months from your enrolment date.
6. Academic and Financial Credit
6.1 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 6.2 and 6.3.
6.2 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.
6.3 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.
7. Fees
7.1 We will provide you with enrolment in the Course and the Services for the Fees and on the payment terms agreed with us, and where relevant, a Credit Provider. Unless otherwise marked, all Fees are stated exclusive of GST and quoted in Australian dollars. We reserve the right to revise our Course Fees (and any other Fees) at any time prior to accepting your enrolment application.
7.2 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.
7.3 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.
7.4 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 (a Periodic Payment).
7.5 For Accredited Training Courses we will either charge you 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, or we will refer you to our Credit Provider, who you can apply to for the provision of credit services. Any credit arrangement you obtain with our Credit Provider is obtained by separate agreement between you and the Credit Provider.
7.6 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.
7.7 By agreeing to these Terms, you acknowledge and agree that Periodic Payment arrangements for Course Fees may be provided by a third party Company, the Credit Provider. Should you wish to make payment of your Course Fee by Periodic Payments, you do so on the basis of entering into a separate agreement with the Credit Provider. The Company will Send you a link to the Credit Provider’s application for a credit facility (Credit Application). Once the Credit Application has been successfully completed, and the credit facility granted to the Student, the Company will confirm the Student’s enrolment in writing. Your enrolment is dependent on acceptance of and compliance with the Credit Provider’s terms and conditions of service, which are available from the Credit Provider’s website and are available upon request. You must comply with the terms and conditions and are wholly responsible for doing so. In the event that you default on your payment arrangement with the Credit Provider, the Company is entitled to terminate your enrolment.
7.8 Subject to our 100% satisfaction guarantee provided under clause 4.7, our cancellation policy and without limiting your rights at law, WE DO NOT OFFER REFUNDS forPAST PAYMENTS THAT YOU HAVE MADE and FUTURE PAYMENTS YOU REMAIN LIABLE TO PAY together with ANY OTHER FEES DUE IN ACCORDANCE WITH THESE TERMS. YOU REMAIN LIABLE TO PAY TO US THE FULL COURSE FEE UNLESS AND UNTIL YOU HAVE CANCELLED YOUR COURSE FURTHER TO THESE TERMS AND PAID THE RELEVANT CANCELLATION FEE WHICH IS CALCULATED DEPENDING ON THE TIME, RELATIVE TO YOUR COURSE COMMENCING, THAT YOU NOTIFY US OF YOUR INTENT TO CANCEL.
7.9 If you chose to cancel your course, we are entitled to continue to charge you the Fee for your Course and to deduct Periodic Payments from the payment credentials you have provided to us until you have paid any applicable Change Fee and/or Cancellation Fee. In the event that the payment credentials you have supplied to us do not work or have been cancelled we are entitled to refer the unpaid Periodic Payment and fees we incur in relation to charging you the Periodic Payment as a debt, and to refer this debt to collectors or credit reporting agencies, the costs of which you shall be responsible for.
7.10We reserve the right to refuse or cancel Your enrolment in a Course at any time for any reason, including but not limited to:
- Course availability;
- Errors in the description or prices for Courses; or
- Errors in Your enrolment,
in which case your refund rights under this agreement and under Australian consumer law apply.
We reserve the right to refuse or cancel Your enrolment if fraud or an unauthorized or illegal transaction is suspected.
8. Warranties, Guarantees & Liability
8.1 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.
8.2 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.
8.3 “AS IS” and “AS AVAILABLE” Disclaimer: The Service are provided to You “AS IS” and “AS AVAILABLE” and with all faults and defects without warranty of any kind. To the maximum extent permitted under applicable law, the Company, on its own behalf and on behalf of its Affiliates and its and their respective licensors and service providers, expressly disclaims all warranties, whether express, implied, statutory or otherwise, with respect to the Service, including all implied warranties of merchantability, fitness for a particular purpose, title and non-infringement, and warranties that may arise out of course of dealing, course of performance, usage or trade practice. Without limitation to the foregoing, the Company provides no warranty or undertaking, and makes no representation of any kind that the Service will meet Your requirements, achieve any intended results, be compatible or work with any other software, applications, systems or services, operate without interruption, meet any performance or reliability standards or be error free or that any errors or defects can or will be corrected.
Without limiting the foregoing, neither the Company nor any of the company’s providers makes any representation or warranty of any kind, express or implied: (i) as to the operation or availability of the Service, or the information, content, and materials or products included thereon; (ii) that the Service will be uninterrupted or error-free; (iii) as to the accuracy, reliability, or currency of any information or content provided through the Service; or (iv) that the Service, its servers, the content, or e- mails sent from or on behalf of the Company are free of viruses, scripts, trojan horses, worms, malware, timebombs or other harmful components.
Some jurisdictions do not allow the exclusion of certain types of warranties or limitations on applicable statutory rights of a consumer, so some or all of the above exclusions and limitations may not apply to You. But in such a case the exclusions and limitations set forth in this section shall be applied to the greatest extent enforceable under applicable law.
8.4 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.
8.5: Limitation of Liability: Notwithstanding any damages that You might incur, the entire liability of the Company and any of its suppliers under any provision of this Terms and Your exclusive remedy for all of the foregoing shall be limited to the amount actually paid by You through the Service or AUD1 if You haven’t purchased anything through the Service.
To the maximum extent permitted by applicable law, in no event shall the Company or its suppliers be liable for any special, incidental, indirect, or consequential damages whatsoever (including, but not limited to, damages for loss of profits, loss of data or other information, for business interruption, for personal injury, loss of privacy arising out of or in any way related to the use of or inability to use the Service, third-party software and/or third-party hardware used with the Service, or otherwise in connection with any provision of this Terms), even if the Company or any supplier has been advised of the possibility of such damages and even if the remedy fails of its essential purpose. Some states do not allow the exclusion of implied warranties or limitation of liability for incidental or consequential damages, which means that some of the above limitations may not apply. In these states, each party’s liability will be limited to the greatest extent permitted by law.
9. Intellectual Property
9.1 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 or to use it for any other purpose than for the completion of your Course.
9.2 We may create or enable you to create (and subsequently publish) content including but not limited to videos, images and other audio-visual resources that uses or bears your image, name or other likeness (User Content). You hereby grant Breathe Education Pty Ltd permission to use User Content and you grant Breathe Education a perpetual, irrevocable, worldwide licence comprising the right to sublicense, to modify, publish, display, communicate and create derivative works of your User Content and the right to incorporate the User Content into the Course Materials or to use it in any online or offline marketing to promote Breathe Education Pty Ltd. Your permission and the license granted is irrevocable. You cannot revoke your permission once provided, although you are welcome to request that your User Content no longer be used for any further purposes, which will be accommodated as far as practical. You agree that the licence to use your User Content is royalty free, meaning Breathe Education does not owe you money in exchange for the license you have granted us. You warrant to Breathe Education that you either own, or have the necessary rights to any User Content you create and give permission for Breathe Education to use under this clause, that you are otherwise authorised to provide such User Content to us in accordance with these Terms; that the User Content you have generated will not contain any material that is illegal, offensive, indecent or objectionable and that the use of your User Content will not infringe the intellectual property rights, or privacy rights, of any other person.
You indemnify Breathe Education against all losses arising in relation to Breathe Education’s use of the User Content and the aforementioned warranty. You waive any and all moral and copyrights in relation to the 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.
9.3 You acknowledge and agree that:
a) we are not liable for any User Content, generated by you, or by any other student or third party; and
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.
9.4 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.
9.5 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.
10. General
10.1 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 publishing updated Terms on our website. If a revision is material We will make reasonable efforts to provide reasonable notice prior to any terms and conditions that might affect your rights taking effect. What constitutes a material change will be determined at Our sole discretion. By continuing to access or use Our Service after those revisions become effective, You agree to be bound by the revised terms. If You do not agree to the new terms, in whole or in part, please stop using the website and the Service.
10.2 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.
10.3 If any part of these Terms is prohibited or unenforceable in any jurisdiction, the remainder of these Terms are not invalidated and remain in full force and effect.
10.4 These Terms are governed by the law of Victoria, Australia and each party submits to the jurisdiction of its courts.
10.5 Students undertake to provide all relevant personal health and fitness information prior to commencing and during their Course. Students also agree that they will NOT commence practical components of their training before completing the Pre-Exercise Questionnaire, made available to each Student on the e-learning Platform. Students may require medical guidance before exercising. Students acknowledge and agree that pre-exercise or other screening is no substitute for medical advice and does not guarantee against physical injury.
10.6 User Accounts: When You create an Account with Us, You must provide Us information that is accurate, complete, and current at all times. Failure to do so constitutes a breach of the Terms, which may result in immediate termination of Your Account on Our Service. You are responsible for safeguarding the password that You use to access the Service and for any activities or actions under Your password, whether Your password is with Our Service or a Third-Party Social Media Service.You agree not to disclose Your password to any third party. You must notify Us immediately upon becoming aware of any breach of security or unauthorized use of Your Account. You may not use as a username the name of another person or entity or that is not lawfully available for use, a name or trademark that is subject to any rights of another person or entity other than You without appropriate authorization, or a name that is otherwise offensive, vulgar or obscene.
10.7: Promotions: Any Promotions made available through the Service may be governed by rules that are separate from these Terms. If You participate in any Promotions, please review the applicable rules as well as the applicable Privacy policy. If the rules for a Promotion conflict with these Terms, the Promotion rules will apply.
10.8: Links to Other Websites: Our Service may contain links to third-party web sites or services that are not owned or controlled by the Company. The Company has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party web sites or services. You further acknowledge and agree that the Company shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such content, goods or services available on or through any such web sites or services. We strongly advise You to read the terms and conditions and privacy policies of any third-party web sites or services that You visit.
10.9 Disputes Resolution: If You have any concern or dispute about the Service, You agree to first try to resolve the dispute informally by contacting the Company.
