BREATHE EDUCATION USA L.L.C. TERMS & CONDITIONS OF SERVICE
Last updated 23 June 2022
Breathe Education USA L.L.C. has developed and makes available Pilates instructor training courses to students. These Terms, as may be amended by Us from time to time, apply to our supply of Our Products and Services and to each student’s enrolment in a training course. As a prerequisite to every student’s enrolment, they are required to first review and agree to these Terms.
1. Interpretation and Definitions
1.1 Interpretation
The words of which the initial letter is capitalized have meanings defined under the following conditions. The following definitions shall have the same meaning regardless of whether they appear in singular or in plural.
1.2 Definitions
For the purposes of these Terms and Conditions:
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.
Account means a unique account created for You to access our Product and Service or parts of our Product or Service.
Company (referred to as either “the Company”, “We”, “Us” or “Our” in this Agreement) refers to Breathe Education USA L.L.C., 2810 N Church St, Wilmington, DE 19802.
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.
Country refers to Delaware, United States.
Course means a Pilates education 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.
Course Material means any material provided to You by Us in connection with Your course, including but not limited to any material made available on the e-learning Platform.
Device means any device that can access our Product or Service such as a computer, a cell phone or a digital tablet.
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 the Service, or which are otherwise incurred by You in accordance with these Terms.
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
Minor means an individual who has obtained the age of majority in their domicile state.
Orders mean a request by You to purchase a Course or other Products or Services from Us.
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.
Policies means any of Our policies, procedures or guides 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.
Products refer to Courses and any other goods and services offered for sale by Us and made available to you either on the Service or through other means.
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.
Satisfaction Guarantee means the 100% satisfaction guarantee respecting Your experience on the Course, as described in these Terms.
Service refers to the Website, including the e-Learning Platform.
Terms and Conditions (also referred as “Terms”) mean these Terms and Conditions, including our Privacy Policy and Code of Conduct and that 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 refers to Breathe Education USA, accessible from https://breathe- education.com
You means the individual accessing or using the Service, or the company, or other legal entity on behalf of which such individual is accessing or using the Service, as applicable.
2. Acknowledgment
These are the Terms and Conditions governing the use of our Service and Products, including our Courses and Course Materials and the agreement that operates between You and the Company. These Terms and Conditions set out the rights and obligations of all users regarding the use of the Service and Our Products.
Your access to and use of the Service and Our Products is conditioned on Your acceptance of and compliance with these Terms and Conditions. These Terms and Conditions apply to all visitors, users and others who access or use the Service and Our Products.
By accessing or using the Service and Our Products You agree to be bound by these Terms and Conditions 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 and Conditions or with our Policies then You may not access the Service or use Our Products.
Your access to and use of the Service and Our Products 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. 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 Service or Products.Our Code of Conduct describes our expectations of You in accessing our Service and using our Products, including participation in our Course(s).
We do not offer our Services or Products to Minors and by accessing and using our Services or Products you affirm you are not a Minor.
3. Placing Orders for Courses and Other Products
By placing an Order for a Course or other Products through the Service or with Our sales team, You warrant that You are legally capable of entering into binding contracts.
3.1 Your Information
If You wish to place an Order for a Course or other Product, whether they are made available to you on the Service or through other means, You may be asked to supply certain information relevant to Your Order 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 Order; 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 Order.
3.2 Enrollment in Courses
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.
Please note, if you are a Minor you are unable to enroll in our Courses.
3.3 Course Delivery & 100% Satisfaction Guarantee
The Course and the Service are delivered to You in one or a combination of the following components:
- interactive online sessions with practical assessments; and
- static online learning with written assessments.
Once You have been provided login credentials to access the e-Learning Platform, You will have access to, and full personal use of, Our valuable Course Materials that corresponding to Your Course.
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 conduct practical components of Your Course, as communicated to You by Us and included in our Code of Conduct, to enable You to complete the Course.
We may vary the method of delivery of the Course (in whole or in part), by providing You with notice in writing.
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.
We will use all reasonable endeavors 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:
- 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- education.com/requirements-to-graduate/
- if You elect to receive a full refund under this Satisfaction Guarantee, You will not be issued with any qualification that may have been obtained through completion of the Course;
- You must submit Your request for a refund under this Satisfaction Guarantee to us in writing to support@breathe-education.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 Satisfaction Guarantee; and
- We may determine that certain students are ineligible to claim a refund under this Satisfaction Guarantee. As at the date of publishing, students with pre- existing Pilates or personal training qualifications are ineligible.
Order Cancellation
We reserve the right to refuse or cancel Your Order at any time for certain reasons including but not limited to:
- Course or Product availability
- Errors in the description or prices for Courses or Products
- Errors in Your Order
We reserve the right to refuse or cancel Your Order if fraud or an unauthorized or illegal transaction is suspected.
4.2 Your Order Cancellation Rights
Any Course or Product You purchase can only be returned in accordance with these Terms and Conditions.
NO REFUNDS IN ANY CIRCUMSTANCES EXCEPT UNDER 100% SATISFACTION GUARANTEE: PLEASE CONSIDER YOUR PURCHASE CAREFULLY. ONCE YOU ARE PROVIDED LOGIN CREDENTIALS TO ACCESS THE E-LEARNING PLATFORM, YOU WILL HAVE ACCESS TO, AND FULL PERSONAL USE OF, OUR VALUABLE COURSE MATERIALS.YOU WILL NOT HAVE ANY RIGHT TO CANCEL AN ORDER FOR THE SUPPLY OF DIGITAL CONTENT WHICH IS NOT SUPPLIED ON A TANGIBLE MEDIUM IF THE PERFORMANCE HAS BEGUN WITH YOUR PRIOR EXPRESS CONSENT AND YOU HAVE ACKNOWLEDGED YOUR LOSS OF CANCELLATION RIGHT. FOR THE PURPOSE OF THIS CLAUSE “THE PERFORMANCE” OF THE DIGITAL CONTENT COMMENCES WHEN YOU FIRST ACCESS OUR COURSE MATERIALS AND YOUR EXPRESS CONSENT IS PROVIDED WHEN YOU AGREE TO PURCHASE OUR COURSE AND TAKE RECEIPT OF YOUR LOGIN CREDENTIALS.
4.3 Course Cancellations
You may cancel Your enrollment 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 these Terms, one of the following cancellation fees will apply:
- 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 Service or notified to You at the time of enrollment) You will be required to pay 10% of the Course Fee;
- 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
- 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.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. If We terminate or suspend Your enrollment in accordance with this paragraph, 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.
5 Course Changes, Deferrals and Missed Tutorials
100% Attendance Requirement for Tutorials
We require that You attend 100% of all tutorials in Your Course. Tutorials occur weekly for the duration of Your Course. We demand 100% attendance of our students because it is essential to ensuring that You are industry ready and the quality of your training is assured. IT IS YOUR RESPONSBILITY TO CONFIRM YOU ARE ABLE TO ATTEND TUTORIALS WEEKLY FOR THE DURATION OF YOUR COURSE PRIOR TO ENTERING INTO AN AGREEMENT WITH US.
Missed Tutorials
Single Tutorial
If You miss a tutorial in your Course, You must make this tutorial up in a future Course intake.
Two Missed Tutorials & Forced Deferral
If You miss 2 weekly tutorials either continuously, or in aggregate, You must defer Your Course and You will be liable to pay a fee of USD500 (Change Fee) in consideration for Us administering the variation to Your Course. We will deduct the Change Fee automatically from the credit card you have provided to Us. In the event that We are unable to deduct the fee automatically, You are liable to pay this fee on demand.
Voluntary Deferral
We offer a limited opportunity to defer Your Course once per enrolment (i.e. move from your current Course intake into a future Course intake) on a voluntary basis. The following requirements apply to voluntary deferrals:
- Your can defer Your Course on a voluntary basis (and change sessions, lectures and tutorial times, provided You adhere to Our Assessment and Tutorial Requirements available at https://breathe-education.com/assessment-policies/
- You must notify us in writing by emailing support@breathe-education.com specifically stating that you request a voluntary deferral (Deferral Request). You must indicate your current Course intake date and the future Course intake date you will seek to enroll into;
- WE DO NOT OFFER INDETERMINATE DEFERRALS.
- YOU MUST COMPLETE YOUR COURSE WITHIHN 12 MONTHS OF YOUR ORIGINAL INTAKE DATE. THEREFORE NO FUTURE COURSE DATE > 12 MONTHS FROM YOUR ORIGINAL INTAKE DATE WILL BE ACCEPTED.
- YOU MUST PAY THE CHANGE FEE – USD500 ON DEMAND BY US. YOUR DEFERRAL REQUEST WILL NOT BE ACCEPTED BY US AND YOU WILL CONTINUE TO BE CHARGED THE COURSE FEE (AND ANY OTHER FEES WE ARE ENTITLED TO UNDER THIS AGREEMENT) IN ACCORDANCE WITH YOUR PAYMENT PLAN UNTIL THE CHANGE FEE IS PAID.
- pay the Fee of USD500 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.
- While 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-education.com/assessment-policies/) You are required to complete Your Course within 12 months from the original Course intake date, as notified to You by Us.
Availability, Errors and Inaccuracies
We may from time to time update our Courses, Products and the Service. The Products available on Our Service may be mispriced, described inaccurately, or unavailable, and We may experience delays in updating information regarding our Courses, Products on the Service and in Our advertising on other websites or digital platforms.
We cannot and do not guarantee the accuracy or completeness of any information, including prices, product images, specifications, availability, and services. We reserve the right to change or update information and to correct errors, inaccuracies, or omissions at any time without prior notice.
Prices Policy
We reserve the right to revise Our prices at any time prior to accepting an Order.
The prices quoted may be revised by Us subsequent to accepting an Order in the event of any occurrence affecting delivery caused by government action, variation in customs duties, increased shipping charges, higher foreign exchange costs and any other matter beyond Our control. In that event, You will have the right to cancel Your Order.
Fees & Payments
Payment Credentials: 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, including Change Fees and charges we incur for failed payments.
Course Fees: We will provide You with enrolment in your chosen Course and access to the Service for the Course Fee and on the payment terms agreed with Us. Unless otherwise marked, all Fees are stated exclusive of applicable taxes and quoted in U.S. dollars. Payment methods are identified on the website (Visa, Mastercard, Amex) and may be updated from time to time. Merchant fees associated with payment methods are charged in addition to Our Fee.
Payment Terms: Courses and Products may be purchased by making a one-time payment or by way of payment of instalments over your chosen term (a Payment Plan). Payment Plans are identified here and may be updated by us from time to time.
Payment Plans: By agreeing to these Terms, You agree to Us deducting your Course Fee at the agreed intervals, commencing from the date of Your enrolment.
If You do not pay any Fees by the date they are due and payable, including but not limited to your Course Fee, Change Fee or charges incurred by us for failed payments, We reserve the right, subject to applicable laws, to:
- suspend Your enrolment in the Course and access to the e-Learning Platform;
- charge monthly interest on the overdue amount at an annual rate of the lesser of 10% or the maximum rate of interest permitted to be charged under applicable law, calculated from the due date for payment of the relevant Fees to the actual date of payment; and
- recover from You Our debt recovery fees, including but not limited to, attorneys fees (on a full indemnity basis), court costs and collection agency fees.
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. Payment cards (credit cards or debit cards) are subject to validation checks and authorization by Your card issuer. If We do not receive the required authorization, We will not be liable for any delay or non-delivery of Your Order. 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.
Subject to our Satisfaction Guarantee, 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.
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 our Privacy policy. If the rules for a Promotion conflict with these Terms, the Promotion rules will apply.
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.
Intellectual Property
The Service and its Original Content, features and functionality are and will remain the exclusive property of the Company and its licensors. 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 Original Content, the Course Material available to any other person.
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.
You warrant to us that any User Content provided by You:
- is Your property, or that You are otherwise authorised to provide such User Content to us in accordance with these Terms; and
- will not contain any material that is illegal, offensive, indecent or objectionable.
You acknowledge and agree that:
- We are not liable for any User Content;
- 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
- 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.
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:
- the administration of Your enrolment with Us;
- creating publications, marketing and education materials, including publishing such material on our Website and e-Learning Platform.
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.
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.
The Service is protected by copyright, trademark, and other laws of both the Country and foreign countries. Our trademarks and trade dress may not be used in connection with any product or service without the prior written consent of the Company.
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.
Termination
We may terminate or suspend Your Account immediately, without prior notice or liability, for any reason whatsoever, including without limitation if You materially breach these Terms and Conditions.
Upon termination, Your right to use the Service will cease immediately. If You wish to terminate Your Account, You may simply discontinue using the Service.
Warranties, Guarantees & Liability
Warranty Disclaimer
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.
Without limiting any other provision of these Terms and excluding Loss which arises as a direct result of Our gross 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.
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.
“AS IS” and “AS AVAILABLE” Disclaimer
The Service is 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 provider 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.
Indemnification
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.
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 100 USD 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.
Governing Law
The laws of the Country, excluding its conflicts of law rules, shall govern this Terms and Your use of the Service. Your use of the Application may also be subject to other local, state, national, or international laws.
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.
For European Union (EU) Users
If You are a European Union consumer, You are required to complete your transaction with Breathe Education Pty Ltd and your terms of service are available here. You will benefit from any mandatory provisions of the law of the country in which You are resident in.
United States Federal Government End Use Provisions
If You are a U.S. federal government end user, our Service is a “Commercial Item” as that term is defined at 48 C.F.R. §2.101.
United States Legal Compliance
You represent and warrant that (i) You are not located in a country that is subject to the United States government embargo, or that has been designated by the United States government as a “terrorist supporting” country, and (ii) You are not listed on any United States government list of prohibited or restricted parties.
Electronic Communications
When you visit the Website or send e-mails to Us, You are communicating with Us electronically. You consent to receive communications from Us electronically. We will communicate with You by e-mail or by posting notices on this Website. You agree that all agreements, notices, disclosures and other communications that We provide to you electronically satisfy any legal requirement that such communications be in writing.
Severability and Waiver
Severability
If any provision of these Terms is held to be unenforceable or invalid, such provision will be changed and interpreted to accomplish the objectives of such provision to the greatest extent possible under applicable law and the remaining provisions will continue in full force and effect.
Waiver
Except as provided herein, the failure to exercise a right or to require performance of an obligation under these Terms shall not affect a party’s ability to exercise such right or require such performance at any time thereafter nor shall a waiver of a breach constitute a waiver of any subsequent breach.
Changes to These Terms and Conditions
We reserve the right, at Our sole discretion, to modify or replace these Terms at any time. If a revision is material We will make reasonable efforts to provide at least 30 days’ 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.
Contact Us
If You have any questions about these Terms and Conditions, You can contact Us:
- By email: support@breathe-education.com
- By visiting this page on our website: https://breathe-education.com/contact-us/
