TERMS & CONDITIONS

We reserve the right, in our sole discretion, to modify these Terms and any service fees, at any time, effective upon the date we post a new set of Terms on our Website. Your continued use of our Website constitutes your binding acceptance of these Terms, including any changes or modifications that we may make. If any part of these Terms or any future changes to these Terms are not acceptable to you, you may cancel by contacting us. We also reserve the right, in our sole discretion, to restrict, suspend or terminate your access to all or to any part of the Website at any time for any reason without prior notice or liability. We may change, suspend or discontinue all or any aspect of our services at any time, including the availability of any service feature, database, or content, without prior notice or liability. We reserve the right to remove and/or edit any material that you submit to us for any reason without prior notice to you and without liability to us. We will not have any liability to you as a result of service outages that are caused by our maintenance on the servers or the technology that underlies the service, failures of our service providers (including telecommunications, hosting and power providers) computer viruses, natural disasters or other destruction or damage of our facilities, an act of God, war, civil disturbance or other cause beyond our reasonable control.

Disclaimer of Liability for Our Products and Services

TO THE FULLEST EXTENT PERMISSIBLE BY LAW, WE ARE NOT RESPONSIBLE FOR THE PRODUCTS AND/OR SERVICES YOU USE AND/OR PURCHASE FROM US OR OTHERS, WHETHER SOLD THROUGH OUR SITE, OR NOT, AND WHETHER THEY ARE OUR PRODUCTS AND/OR SERVICES, OR NOT. WE, OUR AFFILIATES, AND ASSIGNS WILL NOT BE LIABLE TO YOU, ANY AND ALL OTHER PERSON(S), AND/OR ANY AND ALL ENTITY(IES), FOR ANY AND ALL (INCLUDING, WITHOUT LIMITATION) DIRECT, INDIRECT, INCIDENTAL, AND/OR CONSEQUENTIAL DAMAGES (INCLUDING, BUT NOT LIMITED TO DAMAGES FOR BREACH OF CONTRACT, BREACH OF WARRANTY, NEGLIGENCE, STRICT LIABILITY, COPYRIGHT INFRINGEMENT, TRADEMARK INFRINGEMENT, AND/OR INTENTIONAL TORT) ARISING OUT OF OR IN CONNECTION WITH THE PURCHASE OR USE OF ANY AND ALL SAID PRODUCTS AND/OR, EVEN IF WE HAVE BEEN ADVISED OF, AND/OR KNEW OF, AND/OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES.

Return, Refund and/or Cancellation Policy

When a refund/cancellation will be granted

All coachGrazy and or On Top Performance Academy students are entitled to a refund of all or part of their course fee if the student requests to cancel their course within 48 hours of enrolment. The enrolment date is taken from the submission of the deposit via our payment system.

All coachGrazy and or On Top Performance Academy students are entitled to a refund of all or part of their Fast Track Pack course fee if the student requests to cancel their Fast Track Pack course within 8 weeks of enrolment and HAS FOLLOWED EVERY STEP AND INSTRUCTION in the course and has not obtained a paying client since enrolling in The Fast Track Pack Course or recovered the cost of the course. The enrolment date is taken from the submission of the deposit via our payment system.

In the instance of a student requesting a refund within 48 hours of enrolment, a full refund less a $200 administration fee, will be granted subject to the request for a refund is made in writing to the student support email address [email protected] and supported with proof of payment.  In the case of students entering into agreed payment plans where the full course fees have not been paid prior to the request for cancellation/refund, the student will be required to pay the $200 administration fee in full prior to the refund/cancellation request being granted.

A request for a refund made in any other way than in writing to the student support email address (such as text or voice message left after business hours) will not be considered, as this falls outside of the coachGrazy and On Top Performance Academy refund policy.

When a refund won’t be granted

1. When a student requests to cancel their course after 48 hours of enrolment.
2. When a student requests to cancel their course because they have changed their mind about continuing with the course/s or progressing to the next stage of the enrolled course/s.
3. When a student requests to cancel their course because their work circumstances have changed including a change of jobs or a change of work hours.
4. When a student requests to cancel their course because of a medical condition or injury.
5. When a student has a change of personal circumstances.

Where a student has entered into a payment plan for payment of course fees and cancels from the course after 48 hours of enrolment, the student will be liable for all payments due under the agreed payment plan.

On Top Pty Ltd, coachGrazy and On Top Performance Academy reserves the right to send your details to an external debt collection agency for commencement of legal action to cover any arrears and/or default on a payment plan.

Coaching Call Expiration

All coaching and tutor call products will expire 90 days from purchase.

90 days from purchase all un redeemed coaching and or tutor calls will expire without any liability on On Top Pty Ltd, On Top Fitness Pty Ltd, Coach Grazy, PT Success Program or any associated entity to service the calls or refund any monies associated with the purchase of the product or calls.

Your content

By submitting material to us, you represent and warrant that: We, our customers and licensees shall not be required to make any payments with respect to material that you submit, including, but not limited to, payments to you, third parties, publishers, agents, performance and/or mechanical rights societies and/or collectors, persons who contributed to or appear in your materials, your licensors, unions or guilds; You have full right and power to enter into and perform under these Terms, and have secured all third-party consents, licenses and permissions necessary to enter into and perform under these Terms; The material that you submit does not contain “samples” of any third party’s content and will not infringe on any third party’s copyright, patent, trademark, trade secret or other proprietary rights, rights of publicity or privacy or moral rights; The material that you submit is not and will not violate any law, statute, ordinance or regulation; The material that you submit is not and will not be defamatory, trade libellous, pornographic or obscene; and, You are at least eighteen years of age. By submitting content to us, you grant us, our affiliates, and our business partners an irrevocable, worldwide, royalty-free, nonexclusive license to: publicly perform, publicly display, broadcast, encode, edit, alter, modify, reproduce, transmit, manufacture, distribute, sell and synchronise with visual images your material, in whole or in part, alone or in compilation with content provided by third parties, through any medium now known or hereafter devised for any and all purposes whatsoever, including without limitation: (i) demonstrating, promoting or distributing your material to users seeking to download or otherwise acquire it and/or (ii) storing the work in a remote database accessible by users; and/or (iii) making your material accessible as text, audio and/or video streams; and/or (iv) using any trademarks, service marks or trade names incorporated into your material and use the likeness of any individual whose performance or image is contained in your material.

Protect your password and subscription

You agree to provide true, accurate, current and complete information about yourself as requested in our registration process and to keep your information up to date. You may not reveal your subscription password to anyone else and you may not use anyone else’s password. You are responsible for maintaining the confidentiality of your subscription account and password. Unauthorised access of our services is a breach of these Terms and a violation of the law 

Third party sites and content

Our Websites contain links to other Internet sites that our business partners and other third parties own or operate. Your use of each of those sites is subject to the terms and conditions, if any, that each of those sites have posted. We have no control over third party sites, and we are not responsible for any changes to or content on them. Our inclusion of any material in our search database or a link on our sites is not an endorsement of that material or link or the companies that own or operate the material or linked sites.

Your conduct

You agree that you will not use any robot, spider, scraper, sniffer or other automated means to access the Site for any purpose without our express written permission. In addition, certain material that you submit may, in our sole discretion, also become available to certain partners around the world. If we discover that you have manipulated the data or statistics for certain materials, we reserve the right to remove the material from our site and any of our Affiliates. The content provided by our services is intended for your personal, non-commercial use. All materials, including, but not limited to, course content, photographs, graphics, images, illustrations, sound clips and flash animation are protected by copyright. You may not modify, publish, transmit, participate in the transfer or sale of, reproduce, create new works from, distribute, perform, display or in any way exploit any of the materials or content or our services in whole or part. If we offer bulletin board services, chat areas, news groups, forums, communities and/or message or communication facilities (collectively, the “Forums”) at any time, you agree to use any Forum only to send and receive messages and material that are proper and related to that particular Forum. Without limiting the foregoing, you agree that you will not (i) defame, abuse, harass, stalk, threaten or otherwise violate the legal right of others; (ii) publish, post, upload, distribute or disseminate any inappropriate, profane, defamatory, infringing, obscene, indecent or unlawful topic, name, material or information; (iii) upload files that contain viruses, corrupted files, or any other similar software or programs that may damage the operation of another person’s computer; (iv) advertise or offer to sell any goods or services for any commercial purpose; (v) conduct or forward surveys, contests, pyramid schemes or chain letters; (vi) download any file posted by another user of a forum that you know or reasonably should know, cannot be legally distributed in such matter, (vii) falsify or delete any author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of software or other material contained in a file that is uploaded; or (viii) restrict or inhibit any other user from using and enjoying the forum. We reserve the right to terminate your access to any or all of the forums at any time without notice for any reason whatsoever. If, in our sole discretion, you choose a username that is obscene, indecent, abusive or which might otherwise subject our site to public disparagement or scorn, we reserve the right, without prior notice to you, to automatically change your username, delete your posts from the Forums, deny you access to the Forums, or any combination of these options. If you continue to choose usernames that we find objectionable, we reserve the right to permanently terminate your access to the Forums, the Service or both. You will not use our services and/or products for illegal purposes. Use of services and products is subject to existing laws and legal process, and nothing contained herein shall limit our right to comply with governmental, court and law enforcement requests or requirements relating to your use of same, or information provided to or gathered by us with respect to such use

Legal Policies

You hereby agree to indemnify, defend, save and hold us, and all of our officers, directors, owners, agents, information providers, affiliates, assigns and licensors (collectively, the “Owners”) harmless from and against any and all liability, losses, costs and expenses (including attorneys’ fees) incurred in connection with any claim arising out of (1) any use or alleged use of your account or password by any person, whether or not authorized by you, (2) any claim arising out of the material that you submit, including, but not limited to, claims for defamation, violation of rights of publicity and/or privacy, copyright infringement, trademark infringement and any claim or liability relating to the content, quality, or performance of materials that you submit. We reserve the right, at your expense, to assume the exclusive defence and control of any matter otherwise subject to indemnification by you, and in such case, you agree to cooperate with our defence of such claim. The listing, or absence of listing, of any document in our search database does not imply any warranty or guarantee by us, for any companies, products, or services described in such documents. We disclaim any and all responsibility or liability for the accuracy, content, completeness, legality, reliability, or operability or availability of information or material displayed in our search results. We disclaim any responsibility for the deletion, failure to store, mis-delivery, or untimely delivery of any information or material. We disclaim any responsibility for any harm resulting from downloading or accessing any information or material on the World Wide Web or Internet using our search results. WE DO NOT WARRANT THAT OUR SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE. IN ADDITION, WE DO NOT MAKE ANY WARRANTY AS TO THE RESULTS TO BE OBTAINED FROM USE OF OUR SERVICES OR CONTENT. SERVICES AND THE CONTENT ARE DISTRIBUTED ON AN “AS IS, AS AVAILABLE” BASIS. ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH US IS DONE AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY POTENTIAL DAMAGES TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OR STORING ON YOUR COMPUTER OF ANY SUCH MATERIAL.

Reservation of Rights

We reserve all of our rights, including but not limited to any and all copyrights, trademarks, patents, trade secrets, and any other proprietary rights that we may have in our web site, its content, and the goods and services that may be provided. The use of our rights and property requires our prior written consent. We are not providing you with any implied or express licenses or rights by making services available to you and you will have no rights to make any commercial uses of our Website, services and/or products without our prior written consent.

National Do Not Call Registry

Please be advised that if you complete a contact form on the Site, you have expressly agreed to be contacted via telephone by On Top Pty Ltd, On Top Performance Academy and or coachGrazy, regardless of whether you are listed on the National Do Not Call Registry.

Consent to receive marketing

Users and subscribers specifically consent to receive e-mails and marketing materials from On Top Pty Ltd, On Top Performance Academy and or coachGrazy, its affiliated companies and authorised vendors but may opt out at any time.

Results May Vary

EVERY EFFORT HAS BEEN MADE TO ACCURATELY REPRESENT OUR PRODUCTS, SERVICES AND PROGRAMS. EXAMPLES AND TESTIMONIALS ON THE SITE ARE NOT BE TO INTERPRETED AS PROMISES OR GUARANTEES OF EARNINGS OR RESULTS.

Miscellaneous

This Agreement is made in the State of Queensland Australia and shall be governed by Queensland law. Any controversy or claim arising out of or relating to these Terms or our sites will be settled by first submitting the matter to mediation. In the event the issue is not resolved by mediation the parties agree to submit the matter to binding arbitration. The exclusive venue for any and all controversies or claims is Brisbane, Queensland, Australia. Any controversy or claim shall be brought on an individual basis and shall not be consolidated with any claim or controversy of any other party and not brought as part of a class action. Either you or we may seek any interim or preliminary relief from a court of competent jurisdiction in aforesaid Brisbane, Queensland, Australia as necessary to protect the rights or property of you or the Parties (or its agents, suppliers, and subcontractors). In any legal dispute concerning this agreement and or its terms, each party shall be responsible for their own cost including attorney’s fees and no award shall be made to the contrary.

These Terms, together with our Privacy Policy, which is hereby incorporated herein as if fully set forth here, constitute the entire agreement between you and us with respect to the Services and Products, and supersede all previous written or oral agreements. These Terms cannot be modified by you except by an instrument in writing executed by all parties. If any part of these Terms is determined to be invalid or unenforceable pursuant to applicable law, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the Terms shall continue in effect.

Paragraph headings are for convenience only and are not intended to expand or restrict the scope or substance of the provisions of this Agreement. Wherever used herein, the singular shall include the plural, the plural shall include the singular, and pronouns shall be read as masculine, feminine or neuter as the context requires. We may assign any and all rights and delegate any and all duties hereunder. You may not assign any and/or all of your rights nor delegate any and/or all of your duties hereunder. Any notice given under this Agreement shall be sufficient if it is in writing and if sent by certified or registered mail. All agree there shall be no rule, law and/or presumption applied to this Agreement requiring construction of any and all ambiguities that may be contained herein against the maker or drafter.