Esse Education Pty Ltd (ABN 99 696 956 724.)(we, us and our), has developed and makes available the Training Courses to students.

Esse Education reserves the right to amend this Privacy Policy at any time. If you do not agree with any part of the Privacy Policy, you must not access or use the site.

These Terms and Conditions of Service (“Terms”), as updated from time to time, apply to the provision of our Services and to each student’s enrolment in any Training Course, regardless of the student’s location. Your access to and use of the Services and Course Materials is conditional upon your acceptance of, and compliance with, these Terms, including:

1. Our Privacy Policy

2. Code of Conduct

3. Assumption of Risk, Waiver of Liability and Indemnification Agreement

By enrolling in a Course, you warrant that you are legally capable of entering into binding contracts. If you disagree with any part of these Terms, you may not access the Services or Course Materials.

As a prerequisite to every student’s enrolment, they are required to first review and agree to these Terms. 

If you are a student and you are enrolling into a Esse Education course, your study materials and course access is provided immediately upon your confirmation of enrolment and the services are therefore provided at that time. 

1. Interpretation

1.1 Unless otherwise defined, the following definitions apply in these Terms:

a) “Account” means a unique account created for You to access our Course and Service or parts of our Course or Service.

b) “Company” means Company (referred to as either “the Company”, “We”, “Us” or “Our” in this Agreement) refers to Esse Education Pty Ltd (ABN 99 696 956 724.)

c) “Course” means the Training Course you are enrolled in with us, or as specified in your enrolment correspondence with us;

e) “Course Fee” means the fee payable for your enrolment in a Course, as specified on the Website or otherwise communicated to you;

f) “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;

g) “Course Material” means any material provided to you by us in connection with your course, including any material made available on the Online Learning Platform.

h) “Online Learning Platform” means the online learning platform made available to you by us in connection with your enrolment in a Course.

i) “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.

j) “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.

k) “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.

l) “Mentor Affiliate” means a Esse Education approved mentor who is employed by Esse Education and who provides periodic support to students during their enrolment in one of our courses. 

m) “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.

n) “Periodic Payments” means payments made by you to us according to an agreed payment schedule.

o) “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 Online Learning Platform, as may be introduced or updated by us from time to time

p) “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.

q) “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.

r) “Services” means the services provided to you by us in connection with your enrolment in a Course, including access to the Online Learning Platform, Website, subdomains, the delivery of the Course Materials and Course.

s) “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.

t) “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.

u) “Website” means our websites located at www.esseeducation.com.au and any subdomains of those addresses.

v) “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

Your enrolment in a Course is confirmed once all of the following have occurred:

• your payment has been successfully processed;

• your enrolment has been confirmed by us via an enrolment confirmation email.

Upon confirmation, you will be granted access to the Course, and your Course will be deemed to have commenced from that time.

Your enrolment confirmation will be sent to the email address provided at the time of enrolment. Once you have received this confirmation, you are committed to paying the full Course Fee, and except to the extent required by applicable law, no refunds will be provided.

If you are under the age of 18, you must provide the contact details of your parent or legal guardian. Your enrolment will not commence until they have accepted these Terms on your behalf.

Your enrolment will continue until you complete the Course, unless terminated or suspended in accordance with these Terms.

We may suspend or terminate your enrolment at any time if you fail to comply with these Terms, our Policies, or our Code of Conduct. In such circumstances, we reserve the right to demand immediate payment of all outstanding Fees (including amounts not yet due), and may refer the matter to legal representatives, debt collection agencies, or credit reporting bodies.

Once enrolled, termination by you (including early cancellation) is not permitted.

The Course is designed to be self-paced; however, access to Course Materials, online content, and live workshop sessions is limited to a period of six (6) months from the date of enrolment.

4. Course Delivery

4.1 Deemed Delivery of Course Materials: All Course Materials are deemed delivered to you when you are provided login credentials to our Education Platform (which occurs upon confirmation of enrolment) and you have been granted access to course materials at the commencement of your course (both of which occur once we have confirmed your enrolment). Your Course Materials in their entirety are deemed delivered to you at this time, whether or not you in fact access or use those materials, and whether or not you choose to engage with the Course Materials in whole or in part, or when you choose to do so, on or from that date.  Without limiting your rights at law, and except to the extent that statutory refund terms apply, we do not offer any refunds. Students enrolled in courses that are abandoned or incomplete for any reason whatsover are not entitled to a refund of any kind. 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.

Refund Policy: Except where statutory rights apply, we do not offer refunds. This includes situations where the Course is abandoned or incomplete for any reason. You acknowledge that this policy has been explained to you prior to enrolment and that you understand the financial implications of enrolling in the Course.

4.2 Course Delivery

The Course and the Services are delivered through a combination of online and in-person learning.

Students are required to attend at least 80% of all scheduled weekly virtual mentor sessions to be eligible for course completion.

Weekly mentor sessions are not recorded, and attendance is considered an essential part of your qualification. Regular participation provides valuable opportunities for feedback, clarification, and practical support. Failure to attend these sessions may significantly impact your learning experience and your ability to successfully complete the course.

In-person workshops for our Victorian students are conducted at 418 Bay Street, Port Melbourne, 3207 Victoria, Australia, and form a core component of the Course. Location for our interstate students will be communicated within the Course.

The Course and Services may include one or more of the following components:

• interactive workshops delivered both online and in person, with supervised practice and feedback (noting that online workshops are not recorded unless otherwise specified);

• 1:1 mentor sessions, delivered online or in person; and

• online learning, including technique videos, quizzes, and masterclasses.

You acknowledge and agree that participation in both online and in-person components may be required to successfully complete the Course.

We may vary the method of delivery of the Course or the Services (in whole or in part), including adjusting the balance between online and in-person delivery, by providing you with commercially reasonable notice in writing.

We may reschedule live session times, workshops, and 1:1 sessions by providing you with a minimum of 24 hours’ advance notice.

Participation in in-person workshops is a mandatory component of the Course unless otherwise expressly stated by us in writing.

By enrolling in the Course, you acknowledge and agree that:

• Mandatory Attendance: You are solely responsible for attending all required in-person workshops. Failure to attend, for any reason whatsoever (including illness, injury, travel disruption, personal circumstances, or scheduling conflicts), may result in your inability to complete the Course. Missed workshops are not guaranteed to be rescheduled, replaced, or credited.

• No Refunds or Credits: Non-attendance at any in-person workshop does not entitle you to a refund, credit, transfer, or extension of your Course, except where required by applicable law.

• Travel & Associated Costs: You are solely responsible for organising and paying all costs associated with attending in-person workshops, including but not limited to travel, accommodation, meals, parking, and any incidental expenses. Under no circumstances will Esse Education Pty Ltd be liable for any such costs, including where a workshop is rescheduled, relocated, or cancelled.

• Punctuality & Participation: You must arrive on time and be ready to participate in all in-person sessions. We reserve the right, at our sole discretion, to refuse entry or require you to leave a session if you are late, disruptive, or fail to comply with instructions, without refund or credit.

• Health, Fitness & Risk: You warrant that you are physically and medically fit to participate in all practical components of the Course. You participate entirely at your own risk and must comply with all safety directions. To the fullest extent permitted by law, Esse Education Pty Ltd accepts no liability for any injury, loss, or damage suffered in connection with your participation in in-person workshops.

• Compliance with Directions: You must comply with all reasonable directions, policies, and procedures provided by us, including any health, safety, or studio-specific requirements. Failure to do so may result in removal from the workshop and/or termination of your enrolment without refund.

• Changes to Delivery or Venue: We reserve the right to change the location, timing, structure, or delivery format of any in-person workshop (including converting to an online format) at any time, by providing you with reasonable notice. Such changes do not entitle you to a refund, credit, or compensation.

• Minimum Attendance Requirements: Workshops may be rescheduled or cancelled where minimum attendance numbers are not met. We are not liable for any costs incurred by you as a result of such changes.

4.3 Resource Requirements: As your Course is delivered partially 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 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.

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.

4.4 Technology issues: You acknowledge and agree that you are responsible for maintaining suitable internet access, compatible hardware, software and devices necessary to participate in the Course. Esse Education Pty Ltd is not responsible for any interruption to your learning or inability to access the Online Learning Platform or Course Materials resulting from internet outages, LearnWorlds or other third-party platform outages (including Zoom), device or computer failures, software incompatibility, or any other technical issues outside of our reasonable control. Such interruptions do not entitle you to a refund, extension, credit or other compensation, except where required by applicable law.

4.5 AI Assessment Integrity: Students may use artificial intelligence tools to support learning; however, all submitted assessments must represent the student's own understanding. Esse Education reserves the right to reject submissions that are wholly AI-generated or where competency cannot be reasonably demonstrated.

4.6 Completion timeline: You have 6 months to complete all course content, quizzes and assessments from your intake start date in order to receive your ESSE Education certificate. Failure to complete all mandatory course requirements may result in your certificate being delayed or withheld until all requirements have been met.

4.7 Recordings

You acknowledge and agree that all Course content, including workshops, sessions, and Course Materials (whether delivered online or in person), are the intellectual property of Esse Education Pty Ltd.

• No Unauthorised Recording: You must not record, reproduce, photograph, film, screen record, or otherwise capture any part of the Course, including live workshops (online or in person), 1:1 sessions, or Course Materials, without our prior written consent.

• Approved Recordings: Where we provide prior written consent for recording, such recordings must only be used for your personal educational purposes and must not be shared, distributed, published, or made available to any third party under any circumstances.

• Company Recordings: We reserve the right to record workshops, sessions, and other Course-related activities for quality control, training, or promotional purposes. By participating in the Course, you consent to being recorded and to the use of such recordings by Esse Education Pty Ltd, unless you notify us otherwise in writing prior to the session.

• Prohibited Use: Any unauthorised use, distribution, reproduction, or commercial exploitation of Course content or recordings is strictly prohibited and may result in immediate termination of your enrolment, without refund, and potential legal action.

4.8 Course Satisfaction: While we do not offer refunds on purchased courses, subject to any statutory right permitting you to do so, we undertake to work with you continuing on and from your course completion, until you have reached a level of competent independent practice, as assessed by us in our sole discretion and subject always to commercially reasonable efforts on our part.     

5. Fees

We will provide you with enrolment in the Course and the Services and we charge the Fees we indicate as applicable to your course. The Course and Services are provided on the payment terms agreed with us and set out in this agreement and are a binding legal agreement between us and you. Unless we have expressly specified otherwise, 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.

You are required to supply your payment credentials to us when enrolling. By providing these credentials, you agree that we may use them to deduct any Fees due in accordance with these Terms. Your payment information will be handled in compliance with applicable data protection laws.

Debt Recovery:  If you do not pay Fees (or any part thereof) by the date they are due and payable, we reserve the right to:

1. a) suspend your enrolment in the Course and the provision of the Services, including access to the  Online Learning Platform;

2. 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

3. 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.

Chargebacks: If you raise a chargeback with your financial institution with which you seek to recover payment of monies representing fees owed and due to us further to this agreement, then we will dispute said Chargeback and automatically refer the matter to our legal team, to recover the full amount owed to us by you. You will be responsible for all legal costs including but not limited to, solicitors fees, on a full indemnity basis, together with court costs. 

For Esse Education 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).

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.

Refund Policy for Past Payments: Except where statutory rights apply, we do not offer refunds for past payments you have made. You remain liable to pay the full Course Fee once your enrolment has been accepted and you have been granted access to the Course content and materials, subject to any mandatory statutory refund rights in your jurisdiction.

Fee structure and additional fees:

Upfront fee:
$4,999 (including GST)

6 monthly payments (payment plan):
$875 per month

Workshop sessions:
Attendance at all practical workshop days is mandatory. If a student is unable to attend a scheduled workshop, a $400 workshop missed fee per day will apply, unless the absence is approved by the ESSE Education team due to exceptional or extenuating circumstances.

Make up mentor sessions
Students who miss two or more weekly mentor sessions will be required to book one-on-one make-up sessions to ensure they have covered the missed content. These sessions are charged at $150 per hour and must be completed prior to the issuance of the student's qualification certificate.

Submission attempts:
You have up to 3 attempts per submission. Four or more attempts require a 2 hour 1:1 intensive session with your mentor at $500 to review feedback and help achieve a passing grade.

Payment plan defaults and penalties:
Where a participant has selected a payment plan, all instalments must be paid in full and on time in accordance with the agreed schedule. Payments are processed automatically every 28 days.

If a scheduled payment is unsuccessful, access to all online course materials, portals, and resources will be immediately and automatically suspended until the outstanding payment is received. If access is suspended, course completion timelines continue to apply during the suspension period.

If two (2) consecutive payment attempts are unsuccessful, Esse Education reserves the right to apply a late payment penalty of $75 AUD per missed instalment, in addition to any outstanding course fees.

In cases of continued non-payment, EsseEducation may, at its discretion:

• Maintain suspension of course access;

• Terminate enrolment without refund;

• Refer the outstanding balance for debt recovery.

Any administrative fees, penalties, or recovery costs incurred as a result of failed payments are payable by the participant. Termination due to non-payment does not release the participant from their obligation to pay the full course fee.

6. Cancellation

We 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.

5. Guarantees, Warranties & Liability Disclaimer

GUARANTEE

Except as expressly set out in this clause, Esse Education Pty Ltd does not guarantee:

• employment outcomes;

• business success; or

• specific financial results.

WARRANTY 

“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 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.

You represent and warrant that you will not use the Services in a manner that harms Esse Education, its subcontractors, other users, or third parties, including by transmitting harmful code (e.g., viruses or malware).

LIABILITY DISCLAIMER

Limitation of Liability: 

To the maximum extent permitted by applicable law, Esse Education, our related entities, officers, employees, contractors and consultants, affiliates, agents are not liable to you for any damages or Loss 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 these Terms, even if Esse Education 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 and in instances where Esse Education’s limitations may be limited to a resupply of services, then Esse Education invokes the right to limit liability in this way. Finally, Esse Education is not liable for any third-party services. Your use of such services is at your own risk and subject to their respective terms.

• Indemnification: You agree to indemnify and hold harmless Esse Education, our related entities, officers, employees, contractors and consultants and their affiliates, officers, agents, and employees from any Loss, claims, losses, or damages (including legal fees), any Consequential Loss, special, incidental, indirect, consequential or punitive damages we may suffer or incur in connection with: your breach of these Terms or applicable laws; your use of the Services; any infringement of third-party rights caused by your actions or data; or any other matter arising in connection with your receipt of the Services

8. Intellectual Property

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.

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 Esse Education Pty Ltd permission to use User Content and you grant Esse Education a perpetual, irrevocable, worldwide license 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 Esse 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 license to use your User Content is royalty free, meaning Esse Education does not owe you money in exchange for the license you have granted us. You warrant to Esse Education that you either own, or have the necessary rights to any User Content you create and give permission for Esse Education to use under this clause, that you are otherwise authorized 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 Esse Education against all losses arising in relation to Esse 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 in 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 acknowledge and agree that:

• we are not liable for any User Content, generated by you, or by any other student or third party; and

• we may suspend access to, remove or edit User Content via the Online Learning Platform or otherwise that we consider, at our sole discretion, is illegal, offensive, indecent or objectionable.

You acknowledge and agree that we are not responsible for, and will not be liable for, any interactions between students online, either on the Online Learning  Platform or otherwise, and make no representation or warranty as to the accuracy or completeness of any information provided to you by any other student.

You must keep secret and secure any login credentials to the Online 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.