Breathability – Terms and Conditions
1.Introduction
Welcome to Breathability, an online education programme hosted by Thinkific, which is designed to assist people who are navigating the ups and downs of ‘Long Covid’.
This document sets out the terms and conditions for accessing and using the educational resources that are available on and together form Breathability (“Terms & Conditions”).
By purchasing and signing onto Breathability, you confirm that you have read, understood, and agree to the Terms & Conditions.
These Terms & Conditions are designed to help ensure a safe and effective learning environment for all Users. Please review the Terms & Conditions carefully, and ensure that you understand your rights and obligations before subscribing to and using Breathability.
2. Definitions
- User: Any individual who in their private capacity, subscribes and pays for the right to access and use the online education programme known as Breathability.
- Content: All materials, including but not limited to courses, videos, audios, articles, quizzes, and other educational resources available on the Breathability platform.
3. User Account
Users are required to create an account to access Breathability. Users must provide accurate and complete information during registration.
Users are responsible for maintaining the confidentiality of their account credentials and for all activities that occur under their account.
Users should report any unauthorised use of their account to [email protected] at the earliest opportunity.
4. Eligibility and Purpose
Users of Breathability must be individual persons who are at least 18 years old and are acting in their private/personal capacity. However, persons between the ages of 13 and 18 years old may use Breathability if they do so under the supervision of a parent, guardian or other appropriately qualified/authorised support person.
Breathability is not intended or designed to serve as a comprehensive alternative to bespoke medical treatment, and so it should not be treated as such. While the use and practice of Breathability may on its own provide a degree of therapeutic benefit to a User, Breathability is intended and designed to dovetail with and otherwise compliment the bespoke medical treatment being provided to a User by their GP and/or other medical advisers/providers.
5. Intellectual Property
The Breathability platform is the property of Breathability Limited, a limited liability company registered in New Zealand.
Some of the Content that is employed by Breathability is not the property of Breathability Limited, but is used by permission. Such Content includes:
- The Symptom map;
- The World Physiotherapy Symptom Diary; and
- The Mental Health Foundation of New Zealand’s Five ways to Wellbeing.
All other Content contained on Breathability platform is the intellectual property of Breathability Limited, and is – unless expressly stated otherwise – subject to and protected by all applicable intellectual property laws.
Permitted Use:
For the avoidance of doubt, Users may only access and use Breathability:
- For a period of three (3) months (after which they may renew their subscription as many times as they wish); and
- For the purpose of understanding and managing their own Long Covid symptoms.
Prohibited activities:
For the avoidance of doubt, Users of Breathability are not granted any form of ownership or licence to share, borrow, distribute, broadcast or otherwise use Content for any purpose other than understanding and managing their own Long Covid symptoms.
Accordingly, and for the purpose of illustration rather than limitation, Users agree not to:
- Use Breathability for any illegal or unauthorized purpose.
- Copy, duplicate, or otherwise reproduce the Content in any form, including but not limited to, digital, print, or other media – save that a User may save one (1) copy of each of the PDFs found on Breathability for their own future reference.
- Transfer, sell, lease, license, or otherwise convey the Materials to any other person, persons or entity.
- Publicly display or perform the Content, including but not limited to, in classrooms, conferences, or public forums, sharing in online forums platforms and social media, without the express written consent of Breathability Limited.
- Create derivative works based on the Breathability platform or the Content found therein, without the express written consent of Breathability Limited.
- Interfere with or disrupt the integrity or performance of Breathability.
- Subject to Clause 4 (as applicable), share access details or account passwords with non-Users.
- Use Breathability for any commercial purpose, including but not limited to, selling, reselling, or distributing course materials without the express written consent of Breathability Limited.
- Employ any form of automated access mechanic, including but not limited to, bots, scripts, or other automated methods or software to access Breathability, extract data, or complete activities.
If you would like to discuss the possibility of employing Breathability for commercial or corporate purposes, please contact Breathability Limited directly by emailing us at [email protected].
6. Termination
We monitor the access and use of Breathability in order to ensure that Users are adhering to the Terms & Conditions.
We reserve the right to – at our sole and absolute discretion – suspend or terminate (as we deem applicable) a User’s subscription to Breathability without notice, if we consider that the User is violating the Terms & Conditions, or is otherwise behaving in a manner that is or is likely to be harmful to Breathability or to other Users.
In circumstances where we consider that Users are not adhering to the Terms & Conditions, we reserve the right to bring legal proceedings against such Users.
7. Disclaimers and Limitations of Liability
The Breathability platform and the Content contained therein are reviewed regularly, and when new information is available. We reserve the right to remove and/or amend Content in order to ensure that Users have access to up-to-date information.
To the fullest extent permitted by law, we shall not be liable for any indirect, incidental, special, or consequential damages arising out of or in connection with your use of Breathability.
The choice by Users subscribe to and make use of Breathability is theirs alone. Since Breathability is not intended or designed to serve as a comprehensive alternative to bespoke medical treatment, it is the responsibility of Users to seek a personalised medical review and oversight of their own symptoms and treatment, from their own GP and/or other medical advisers/providers.
Breathability Limited, its directors and its shareholders accept no responsibility for the decisions made by Users, including but not limited to Users choosing to not seek personalised medical assessment and/or treatment.
8. Changes to the Terms & Conditions
Breathability Limited reserves the right to modify the Terms & Conditions at any time. Any changes will be effective immediately upon posting on Breathability. Your continued use of Breathability constitutes your acceptance of the revised Terms & Conditions.
9. Contacting Breathability
Please contact us directly at [email protected] if you:
- have any questions about Breathability’s Terms & Conditions;
- experience any problems with accessing or with using Breathability;
- wish to provide us with feedback regarding your experience of Breathability; or
- wish to report any misuse of Content to [email protected].