TERMS AND CONDITIONS

Definitions

In these Terms, unless the context otherwise requires:

• “ONTOPPA” means On Top Pty Ltd (ACN 149 410 435), together with its registered business names including On Top Performance Academy, On Top Fitness, Team On Top, Focused Fitpreneur, PT Success Program, coachGrazy, and their related entities, affiliates and assigns. References to “we,” “us,” or “our” in these Terms are references to ONTOPPA.
• “ONTOPPA Representatives” means ONTOPPA itself, together with its respective officers, employees, authorised contractors (including, without limitation, Executive Affiliates engaged under a separate agreement), and agents.
• “Online Platforms” means ONTOPPA’s official website (ontoppa.com.au), mobile or digital applications, member portals, e-learning platforms, online communities or forums, social media accounts, and any other current or future online or digital platforms operated or controlled by ONTOPPA.
• “Services” means all products, programs, courses, webinars, digital content, templates, transactions, e-books, memberships, subscriptions, resources, coaching, and any other services provided by ONTOPPA, whether online or offline, and whether free or paid, including but not limited to those provided through or in connection with the Online Platforms.
• “Terms” means these Terms and Conditions, as updated or modified from time to time.

For clarity, the above definitions are intended to cover all current and reasonably contemplated services and platforms of ONTOPPA, and should be read consistently with the descriptions of “Services” and “Online Platforms” in ONTOPPA’s Privacy Policy, which forms part of these Terms and is available at https://www.ontoppa.com.au/privacy-policy.

1.   General Terms of Use

These Terms govern your access to and use of ONTOPPA’s Online Platforms and all Services offered through them.

By accessing or using the Online Platforms and/or Services, you agree to comply with these Terms. Your access or use is also subject to the disclaimers, limitations of liability, and indemnification provisions in Clause 3. If you do not agree, you must discontinue use of the Online Platforms and/or Services and, where applicable, submit written notification of cancellation to us.

We reserve the right, at our sole discretion, to modify these Terms (including any applicable service fees), at any time. Any changes will take effect immediately upon being posted on our website or other Online Platform, unless otherwise stated. The date of the most recent update will be noted at the end of these Terms. Your continued access to or use of the Online Platforms and/or Services after such changes constitutes acceptance of the revised Terms.

2. Eligibility

The Online Platforms and Services are intended for individuals aged 18 years or over. Individuals aged 15 to 17 may access the Services in their own right, in accordance with guidelines from the Office of the Australian Information Commissioner (OAIC), provided they are capable of understanding and complying with these Terms. Individuals under 15 may only access the Services with the consent and responsibility of a parent or legal guardian. By permitting a minor to access or use the Services, the parent or guardian accepts full responsibility for the minor’s use, including supervision, compliance with these Terms, and any fees or charges incurred.

ONTOPPA does not knowingly collect Personal Information from minors without appropriate consent, and if we become aware of such information being provided, we will take reasonable steps to delete it in accordance with our Privacy Policy and applicable law.

We reserve the right, at our sole discretion acting reasonably and in compliance with applicable law, to refuse to provide Services, restrict, suspend or terminate accounts or access to all or part of the Online Platforms or Services at any time, without prior notice or liability, if we believe that your conduct:

• may bring ONTOPPA Representatives or its community into disrepute;
• interferes with other users’ rights to access and use the Online Platforms or Services;
• constitutes a breach of these Terms; or
• where otherwise reasonably necessary to protect our business, reputation, or other users.

3. Disclaimers, Limitation of Liability and Indemnification

3.1 Consumer Guarantees

Nothing in these Terms excludes, restricts or modifies any consumer guarantee, right or remedy conferred on you by the Australian Consumer Law (ACL) or any other applicable law that cannot be excluded, restricted or modified by agreement.

3.2 No Warranties / Services Disclaimer

To the fullest extent permitted by law, ONTOPPA Representatives disclaim all warranties, guarantees, representations or conditions not expressly stated in these Terms. All Services and/or third-party offerings through or in connection with our Online Platforms are provided on an “as is, as available” basis. We do not guarantee uptime, availability, uninterrupted access, accuracy of content, or performance. You use our Online Platforms and/or Services at your own risk. We are not liable for delays, errors, or interruptions, incomplete data or inaccuracies, or damage to your systems or loss of data from downloads.

3.3 Professional Advice Disclaimer

ONTOPPA Representatives do not provide legal, financial, accounting, insurance, medical, or other professional advice (unless expressly stated by ONTOPPA in writing or through the engagement of a qualified professional on its behalf).  Any information or content provided through our Online Platforms or Services is general in nature and does not consider your individual objectives, financial situation, medical status, or needs. You should obtain independent, qualified professional advice that is specific to your circumstances before acting on any information provided by ONTOPPA Representatives, and ONTOPPA Representatives disclaim any liability for reliance on such information to the fullest extent permitted by law.

3.4 Results Disclaimer

Every effort has been made to accurately represent our Services. However, ONTOPPA makes no promises or guarantees of specific results or outcomes. Testimonials and case studies are illustrative only. Outcomes will vary based on individual circumstances, effort, business strategies, health conditions, and market factors.

3.5 Health Disclaimer

You acknowledge that any exercise, training program, or related activity involves inherent risks, including the risk of serious injury. While ONTOPPA Representatives provide educational content, programs, and resources intended to support personal trainers and other professionals in the fitness industry, you understand and agree that:

• If you choose to personally undertake any exercises, programs, or techniques described on our Online Platforms or in our Services, you do so voluntarily and at your own risk.
• If you use ONTOPPA’s content, courses, or programs to train, guide, or instruct others, you are solely responsible for ensuring that those individuals have obtained appropriate medical or allied health clearance, are in good health, and are capable of safely participating in such activities.
• You confirm that you (and anyone you instruct using our content) will immediately cease participation and seek medical assistance if experiencing any adverse medical reaction, including but not limited to dizziness, faintness, pain, injury, or shortness of breath.
• ONTOPPA Representatives are not responsible for monitoring your health status or that of anyone you train, nor for any outcomes resulting from your application of our Services.

3.6 Limitation of Liability

Where our Services are not of a kind ordinarily acquired for personal, domestic or household use or consumption, and where it is fair and reasonable to do so, ONTOPPA Representatives’ liability for failure to comply with a consumer guarantee is limited, at our option, to either (i) the resupply of the Services; or (ii) the payment of the cost of resupplying the Services.

To the extent permitted by law, ONTOPPA Representatives will not be liable to you, any other individual or entity for any form of damages, including direct, indirect, incidental, special, consequential, or exemplary damages. This includes (without limitation) loss of profit, revenue, data, goodwill, business interruption, or damages arising from breach of contract, breach of warranty, negligence, strict liability, intellectual property infringement, or intentional tort, even if ONTOPPA Representatives have been advised of, or could have reasonably foreseen, the possibility of such damages.

3.7  Indemnification

You agree to indemnify, defend and hold harmless ONTOPPA Representatives from and against any claims, liabilities, damages, losses, costs or expenses (including legal fees) arising out of or in connection with:

• your misuse of the Services, Online Platforms or content;
• any breach of these Terms;
• any content you submit, post or share through our Online Platforms that infringes or misappropriates the rights of a third party, or violates any law; or
• unauthorised use of your account.

4. Membership Fees, Renewals, Refunds and Cancellations

There are no fees to access the free portion of our Online Platforms, or where expressly noted, our Services.

Your participation in any ONTOPPA membership, subscription, or trial is subject to the terms set out in this document, including the disclaimers, limitations of liability, and indemnification provisions set out in Clause 3 above.

4.1 Initial Membership Options

Unless expressly agreed otherwise by ONTOPPA, members may join in one of two ways:

(i)    Content Vault Access (stand-alone):  payment of $499 AUD for six (6) months access to the ONTOPPA Content Vault, including all applicable current and future vault materials, templates, resources, and self-paced courses made available for the duration of your plan; or

(ii)   Live Coaching Programs by ONTOPPA Representatives: either through an upfront payment option for the duration of program or via other tiered payment plan options that may be available, as advertised on our website at the time of purchase, which forms part of your enrolment terms.  All live coaching programs include personalised coaching sessions and twelve (12) months of Content Vault Access from the date of enrolment. The specific scope and duration of services are outlined on our website and, where applicable, further at enrolment.

All initial memberships include access to the Team On Top community.

Supplementary Coaching Services

Active members may also purchase Supplementary Coaching Services, which may change or be modified from time to time. For example, these currently include (i) a 60-minute Zoom coaching session ($299 AUD) or (ii) a 6-session live coaching pack ($599 AUD).  All fees for Supplementary Coaching Services are payable in advance and are non-refundable except as required under the Australian Consumer Law.  These optional services are also subject to availability, must be scheduled in advance, and must be used within twelve (12) weeks of purchase unless otherwise agreed in writing by ONTOPPA.  Any unused sessions after this period will be forfeited without entitlement to a refund or rescheduling.

Price Update Disclaimer: All prices are subject to change. These Terms may not immediately reflect price updates, so always refer to the ONTOPPA website for current pricing.

4.2 Trial Memberships

ONTOPPA may from time to time offer promotional trial memberships (for example, 7 days of Content Vault access for $1). Trial memberships are offered strictly once per customer unless otherwise advertised.

Unless cancelled no later than 24 hours before the end of the trial period by written notice to [email protected], trial memberships will automatically convert to a standard paid Content Vault Access membership (clause 4.1(i)) at the advertised rate, which is currently two (2) additional monthly payments of $249.00. You authorise ONTOPPA to charge your nominated payment method accordingly.

The $1 trial fee (or any other trial fee as advertised) is non-refundable, even if you cancel during the trial.

Affiliate commissions are not payable on trial memberships. Only members with a full active paid membership after any trial period may earn affiliate commissions.

4.3 Automatic Renewal

By purchasing an initial membership, you expressly authorise ONTOPPA to automatically renew your membership for continuing access to the Content Vault at the end of the initial six (6) or twelve (12) month period as set our below. You also agree and authorise ONTOPPA to charge your nominated payment method at the applicable renewal rate, unless you cancel in accordance with these Terms. ONTOPPA will provide you with advance notice (by email or via your member account) before each renewal to remind you of your right to cancel.

At the end of the initial term, your membership will enter the subscription phase, and shall continue on a recurring basis according to your selected renewal payment option, unless cancelled by you. 

• Content Vault Access memberships renew automatically for an additional six (6) months on each renewal, at either (a) a reduced upfront payment of $350, or (b) a rolling weekly subscription of $18/week. If you haven’t chosen a renewal option, the weekly subscription shall apply by default.
  
• Live Coaching Program memberships do not auto-renew. Any applicable renewal terms for the coaching programs will be specified upon enrollment, but otherwise shall expire at the end of the program. However, the Content Vault Access component of your membership automatically transitions into the renewal structure described above in clause 4.3(i) unless indicated otherwise.

4.4  Cancellation Policy

You may cancel your member subscription at any time after the initial six (6) or twelve (12) month Content Vault Access period by submitting a cancellation request to [email protected], via our “Send Us a Message” form on the Contact Portal of our website (please entitle your enquiry “Cancellation of Membership”), or through any other reasonable method we make available. A cancellation administration fee of $99 applies to all cancellations, unless waived by ONTOPPA in the circumstances set out below. This fee represents a genuine pre-estimate of ONTOPPA’s administrative costs and is non-refundable.

You may cancel without penalty if you provide reasonable evidence of:

• serious illness/injury preventing continued participation;
• significant financial hardship;
• other extenuating circumstances that are considered justified by ONTOPPA at its reasonable discretion; or
• other circumstances required under the Australian Consumer Law.

Any cancellation will terminate access to the Services and Online Platforms at the end of your current billing period.

4.5  Temporary Membership Hold Option

Following renewal, you may place your ongoing membership subscription on hold for one (1) or two (2) months by written request, subject to ONTOPPA’s agreement which shall not be unreasonably withheld. Upon expiry of the hold period, membership will automatically resume at the rate of $18 per week unless otherwise arranged in writing prior to the end of the hold period.

Fixed-term memberships, such as the initial six (6) or twelve (12) month Content Vault Access or any Live Coaching Program, cannot ordinarily be paused or extended, except at ONTOPPA’s sole discretion and subject to a prior request in writing to [email protected].

4.6  Cooling-Off Period and Special Refund Rights

(a)  Members of ONTOPPA are eligible for a refund of all or part of their initial Content Vault Access or Live Coaching Program Fee under the following circumstances:

• a refund request is made in writing to [email protected], within 48 hours of enrolment (the enrolment date is determined by the timestamp of the deposit or initial payment made via our payment processing system). This 48-hour cooling-off period applies to new memberships only; or
• where, to ONTOPPA’s satisfaction, you can provide sufficient supporting evidence to demonstrate that you have followed 100% of every step, instruction and requirements in the Fast Track Formula (FTF) Program but have not secured one (1) paying client within three (3) months of completing the FTF Program, notwithstanding you have been actively engaged in providing Personal Training services.

If a refund is approved within the initial 48-hour window, a full refund will be granted, less a reasonable cost incurred by ONTOPPA in processing your enrolment and cancellation (such as an administration fee of $99 as noted in clause 4.4).  Requests that are not submitted through email, for example SMS or voicemail, or outside of business hours, will not be accepted or considered as valid refund requests.

(b)   Unless covered by Clause 4.4 (Cancellations), or 4.6(a) (Cooling-Off and Special Refund Rights), or except as required under the Australian Consumer Law, refunds will not be issued in any the following situations:

• requests are submitted more than 48 hours after enrolment;
• you have changed your mind about continuing with the service or program;
• your work situation has changed, including changes in employment or working hours;
• you are affected by a medical condition or injury; or
• you have undergone a change in personal circumstances beyond ONTOPPA’s control.

In cases of non-payment or default on payment plans, we reserve the right to engage an external debt collection agency or lawyer to initiate legal recovery proceedings, and you may be liable for reasonable recovery costs incurred.

5. Affiliate Program

5.1 Eligibility and Commission Structure

“Active membership” or “active subscription” means an ONTOPPA membership validly purchased and/or maintained in accordance with Clause 4.

If you hold an active membership or subscription with ONTOPPA, you are eligible and may apply to become an approved affiliate under the following terms:

• You are entitled to receive an affiliate commission equal to sixty percent (60%) of stand-alone Content Vault Access Fees (currently AUD $499) paid by each new member you refer, provided that new member joins using the unique affiliate tracking link assigned to you by ONTOPPA;
• Commissions apply only to completed stand-alone Content Vault Access purchases (see clause 4.1(i)), not to any coaching programs, bundled offers, trial offers, membership renewals, or any other custom services or offers;
• Commission eligibility remains valid only while your own membership with ONTOPPA remains active, fully paid and in good standing, unless ONTOPPA, in its sole discretion, agrees another arrangement with you in writing; and
• Self-referrals and purchases made by the affiliate for their own use are ineligible.

Refer to Clause 5.10 for Executive Affiliate Program terms.

5.2 Affiliate Obligations, Breach and Termination

(a)   Branding, Promotion and Representation

By participating in the affiliate program, you warrant and agree to:

• only use approved marketing materials and branding assets as provided or authorised by ONTOPPA;
• not repackage, rebrand, or present any of ONTOPPA’s Services as your own;
• promote ONTOPPA Services honestly, transparently, and in compliance with all applicable consumer protection, advertising and marketing laws (including the Australian Consumer Law and, where relevant, overseas equivalents);
• clearly and prominently disclose in all promotions that you may receive a commission for referrals, in line with the Australian Consumer Law;
• ensure all electronic communications (including email, SMS, and instant messaging) comply with the Spam Act 2003 (Cth) or applicable overseas anti-spam laws, including requirements for consent, sender identification, and a functional unsubscribe facility;
• not engage in misleading, deceptive, unethical, or unlawful promotional activity, including impersonating official ONTOPPA channels, spamming, or making unapproved claims; and
• not bid on ONTOPPA’s trademarks, brand names, or use confusingly similar variations in paid search or advertising campaigns without our prior written approval.

(b)   Suspension and Termination of Affiliate Rights

ONTOPPA reserves the right, in its sole discretion acting reasonably, to:          

• suspend or terminate your affiliate account, disable links, or cancel commissions (including retroactively) if you breach any Terms including in particular clause 5.2(a);
• pause your affiliate account if your membership is cancelled, suspended, or lapses. During this period, new commissions will not accrue. Commissions already earned and still eligible after the refund window noted in clause 4.6 will be paid on the next scheduled payout, after which all affiliate rights cease unless otherwise expressly agreed by ONTOPPA in writing.

(c)   Refunds, Chargebacks and Clawbacks

Commissions are not earned or payable on any transactions that are refunded, charged back, disputed, or cancelled. ONTOPPA may reverse or claw back commissions already paid for transactions that later result in a refund, chargeback or cancellation. ONTOPPA may place a reasonable hold on commissions where fraud or abuse is suspected, pending investigation.

5.3  Affiliate Commission Payments      

(a)   Payment Schedule

Commissions become eligible for payment thirty (30) days after the date the referred customer’s Content Vault Access begins, provided the purchase is validated and fully paid. Payments are then automatically disbursed by our third-party management platform on its standard payout schedule, currently the first Tuesday following the 30 days.  For example: if access for the new member is granted on 5 March, the commission becomes payable on 4 April, and payment will be disbursed on or after the next scheduled payout date. If a transaction remains within any applicable refund or chargeback window on the scheduled pay date, payment will be deferred until that window closes.

• Payment Method and Currency

Affiliate commission payments are processed by a third-party platform, using the payout methods and currencies supported by that platform (generally in Australian Dollars (AUD) via PayPal). You are responsible for maintaining valid and accurate payout details within your affiliate account.  Where PayPal is unavailable, payments may be made via Wise, wherever reasonably possible. The third-party platform and/or payment method may change from time to time. In such cases, ONTOPPA will provide you with reasonable prior notice (for example, by email or via your affiliate dashboard).

ONTOPPA does not directly process or remit affiliate commission payments and is not responsible for delays, fees, or failures arising from third-party providers. Any receiving, conversion, or transfer fees charged by PayPal, Wise, banks, or other intermediaries are your sole responsibility.

• Minimum Payout Threshold and Inactive Balances

The minimum payout threshold is AUD $50 (or the equivalent in your local currency, if supported by the third-party platform). Unpaid balances will roll over month to month until the threshold is met. If a payout fails or your details are incomplete, you will be notified by email and the third-party platform may hold the commission for up to 180 days. If you do not update your details within 180 days, the unpaid balance may be forfeited and not payable.

5.4 Affiliate Dashboard

Affiliates receive access to a personal dashboard to view links, clicks, sales, commissions, and payment history. Reported figures are for reference only and may be adjusted by ONTOPPA for refunds, chargebacks, suspected fraud, or tracking anomalies. In the event of any discrepancy, ONTOPPA’s or its third-party platform’s internal records will be deemed conclusive.

5.5 Tracking, Attribution, and Cookie Window

Sales are attributed to the last valid click on a tracked affiliate link within a sixty (60) day cookie window, as determined by ONTOPPA’s third party tracking systems. Affiliates acknowledge that technical limitations (such as users clearing cookies, using ad blockers, or device restrictions) may prevent attribution in some cases, and ONTOPPA is not liable for missed or lost tracking. Self-referrals and purchases made by the affiliate for their own use are ineligible. Coupon code misuse, forced clicks, and traffic hijacking are prohibited and may result in termination of affiliate rights. Attribution determinations made by ONTOPPA’s tracking systems are final and conclusive.

5.6 Affiliate Data Privacy and Tracking - Notice & Obligations

ONTOPPA, and/or third-party platforms used by ONTOPPA, may use cookies, pixels, and similar technologies for affiliate tracking purposes. By participating in the affiliate program, you acknowledge and consent to such tracking technologies being used to record referrals and calculate commissions.

Affiliates must comply with ONTOPPA’s Privacy Policy (see Clause 6) and all applicable privacy and data protection laws (including the Privacy Act 1988 (Cth) and, where relevant, equivalent international laws to the extent applicable to their own activities) when collecting, storing, or processing personal information in connection with their affiliate activities. Affiliates must not place pixels, drop cookies, or otherwise interfere with tracking on ONTOPPA’s domains, and must not collect or use personal information of ONTOPPA users except as expressly permitted under these Terms and with the user’s consent.

5.7  Taxes and Legal Compliance

Affiliates are solely responsible for all taxes, levies, charges, duties, reporting obligations, and other legal or regulatory requirements that may arise in connection with commissions or payments received under the affiliate program. Neither ONTOPPA nor the third-party platforms engaged by ONTOPPA to administer affiliate payments withhold or remit taxes on your behalf.

Where required by law, you must provide valid tax information (for example, an Australian Business Number in Australia, or a W-9 or W-8BEN for affiliates outside Australia). You must also maintain accurate records of your affiliate activity and related income for your own reporting purposes.

To the extent applicable to their own activities, aaffiliates outside Australia are responsible for complying with all applicable laws in their jurisdiction, including but not limited to tax, business registration, consumer law, and privacy requirements.

ONTOPPA does not provide tax, legal, or accounting advice. Affiliates should seek independent professional advice regarding their obligations.

5.8 Program Changes

We may modify commission rates, attribution rules, eligible products, or these Terms. Material changes to commission rate or attribution will take effect 30 days after notice is provided by email or posting in the affiliate dashboard. Non-material or administrative changes may take effect immediately. If you do not agree to the changes, your sole remedy is to discontinue participation in the affiliate program. Your continued participation after the notice period constitutes acceptance of the revised terms.  Commissions validly accrued before the change will remain payable subject to these Terms.

5.9 Audit and Fraud Review

We may review affiliate activity at any time, and you must provide reasonable cooperation, including details of traffic sources and creative materials, if requested. We may temporarily suspend payouts during a review. Where fraud, abuse, or material breach of these Terms is reasonably established, ONTOPPA may terminate your participation, forfeit unpaid commissions, and pursue legal action if warranted.

5.10 Executive Affiliate Program

Members who actively contribute content, templates, or resources to the ONTOPPA Content Vault may be eligible to apply for the Team On Top Executive Affiliate Program. Participation in this program is not automatic. If accepted, your rights and obligations will be governed by a separate written Executive Affiliate Agreement between you and ONTOPPA. The Executive Affiliate Agreement may impose additional or different obligations and rewards, including but not limited to content contribution standards, commission structures, and revenue terms.  To the extent of any inconsistency, the terms of that Executive Affiliate Agreement will prevail over these Terms, but these Terms otherwise continue to apply.

6. Privacy and User Account Responsibility

Your access to or use of our Online Platforms and/or Services is also governed by our Privacy Policy, which forms part of these Terms and is available at https://www.ontoppa.com.au/privacy-policy. By using these, you acknowledge that you have read and understood our Privacy Policy and, to the extent permitted by law, consent to the collection, use, disclosure and processing of your personal information in accordance with it.

You agree to maintain accurate and up-to-date registration information and to safeguard your password and subscription credentials. You are solely responsible for all activities under your account. Unauthorized access to your account is a violation of these Terms and may result in civil or criminal penalties.

Overseas Disclosure: ONTOPPA does not knowingly disclose Personal Information outside of Australia. However, if you access our Online Platforms or Services from outside Australia, your Personal Information may be collected directly by us from your location, and you acknowledge that ONTOPPA will handle your Personal Information in accordance with Australian law and this Privacy Policy. Some of our third-party service providers may also store or process data overseas (including but not limited to the United States, Singapore and Ireland).

To the extent permitted by law, by accessing or using our Online Platforms and/or Services you consent to the transfer, storage and processing of your Personal Information outside Australia, including in countries that may not have the same level of privacy protection as Australia. Where reasonably practicable, ONTOPPA will take steps to ensure that overseas recipients handle your Personal Information in accordance with the Australian Privacy Principles (APP). However, by providing this consent, you acknowledge that the APP protections may not apply once your information is overseas, and ONTOPPA will not be accountable for that handling under the Privacy Act.

This clause applies to all users and affiliates. Affiliates should also refer to Clause 5.6 for additional affiliate-specific data privacy and tracking obligations.

7. Marketing and Communication Consent

By submitting a contact form, registering for an account, or otherwise providing your details on any of our Online Platforms, you expressly consent to being contacted by ONTOPPA Representatives (including by phone, SMS, or email), even if your number is listed on the Do Not Call Register. This consent applies unless and until you withdraw it. 

By becoming a member or otherwise engaging with ONTOPPA, you also consent to receive marketing communications from us about our Services, promotions, and opportunities via email, SMS, or other digital communication. You may opt out of receiving such communications at any time by using the unsubscribe facility in the message or by contacting us directly. 

In addition, you consent to ONTOPPA using your name, likeness, testimonials, or feedback (whether provided in writing, audio, or video) in our marketing materials, social media, or website, provided this is done in accordance with applicable advertising and consumer laws. If you do not wish for your name, image, or testimonial to be used in this way, you may withdraw your consent at any time by contacting us by email at [email protected] or via our Contact Portal on our Website.  Refer to our Privacy Policy for further information.

8. Acceptable Use of Online Platforms

8.1 Compliance with Rules

When engaging with our social media platforms (including but not limited to Facebook, Instagram, YouTube), and other relevant Online Platforms operated by ONTOPPA, you acknowledge and agree to:

• comply with Meta’s Terms of Service, Community Standards, and any other applicable third-party platform rules;
• follow ONTOPPA’s Community Guidelines as published on our social media platforms, which form part of these Terms and operate alongside our Privacy Policy; and
• not post, share, or engage in any activity that is unlawful, offensive, abusive, defamatory, misleading, discriminatory, infringes intellectual property rights, or invades another person’s privacy.

ONTOPPA reserves the right to monitor contributions, remove content, restrict participation, or block users at its discretion for breach of these rules. 

8.2  User-Generated Content

By posting or submitting content to us or our Online Platforms (including comments, images, or videos), you warrant and represent that: 

• you meet the minimum age and consent requirements set out in Clause 2 (Eligibility);
• you own or have secured all necessary rights and permissions for the submitted content;
• no royalties, commissions, or payments are owed to any third party, union, or collection society in relation to the submitted content;
• the content does not infringe upon any third party’s intellectual property, privacy, or other legal rights; and
• the content is not defamatory, obscene, or otherwise in violation of any law or regulation.

By posting or submitting content, you grant ONTOPPA a worldwide, royalty-free, non-exclusive licence to use, reproduce, adapt, publish, distribute, and display that content for the purposes of operating, promoting, or improving our Online Platforms or Services, for so long as the content remains available on our Online Platforms. You acknowledge that such content may be publicly visible and indexed by third-party search engines. 

8.3  Third Party Content and Sites

Our Online Platforms may link to third party websites operated by partners or independent entities. We are not responsible for their content, terms, privacy practices, or any modifications made therein. Your access to such sites is governed solely by their terms and conditions, and ONTOPPA disclaims any liability for loss or damage arising from your use of third-party sites. See our Privacy Policy for further details. 

8.4  Client Conduct and Prohibited Activities

You agree not to use bots, scrapers, or similar tools to extract data, distribute malware, viruses, or corrupted files, interfere with forums, chats, or user experiences, use our platforms for commercial advertising or unauthorized solicitations, falsify user credentials or metadata, or otherwise engage in conduct that disrupts the security, integrity, or operation of our Online Platforms. Violation of these guidelines may result in immediate suspension or termination of access without prior notice, without limiting ONTOPPA’s other rights at law or in equity.

9. Intellectual Property Rights

9.1 Ownership

All intellectual property rights in our Online Platforms and Services (including but not limited to text, graphics, logos, images, videos, course materials, templates, resources, software, designs, trademarks, trade secrets, and other content) are owned by or licensed to ONTOPPA. Nothing in these Terms transfers any ownership rights to you.

9.2 Limited Licence

Subject to these Terms, ONTOPPA grants you a limited, revocable, non-exclusive, non-transferable licence to access and use our Online Platforms and Services for your own personal, non-commercial use only. You must not copy, reproduce, distribute, modify, create derivative works, publicly display, perform, republish, download, store, transmit, or otherwise exploit any part of our Services without our prior written consent, except where permitted under the Copyright Act 1968 (Cth) or other applicable law.

9.3 Third-Party Intellectual Property

Any intellectual property belonging to third parties (for example, licensed software, images, or logos) remains the property of those third parties. Use of such property may be subject to additional terms imposed by the relevant third party.

9.4 Prohibited Use

You must not use ONTOPPA’s intellectual property (including our trademarks, business names, or course materials) in connection with any business, service, or product that is not ONTOPPA’s, or in any manner that may mislead, confuse, or cause damage to ONTOPPA’s reputation, without our prior written consent.

9.5 Enforcement

ONTOPPA reserves all rights to enforce its intellectual property under applicable law. Any unauthorised use may result in suspension or termination of your access to our Services, in addition to civil or criminal penalties.

10. Governing Law and Dispute Resolution

These Terms are governed by the laws of Queensland, Australia. If a dispute arises, the parties agree to first attempt to resolve it through good faith negotiation and, if necessary, mediation in Queensland. If the dispute remains unresolved, either party may commence proceedings in the courts of Queensland, or, if both parties agree, arbitration in Queensland.

Each party will bear its own costs of negotiation and mediation. Any tribunal, arbitrator or court involved will decide how other costs are handled. Nothing in this clause limits your rights under the Australian Consumer Law or to bring a claim before a consumer tribunal or court of competent jurisdiction.

11. Force Majeure

ONTOPPA shall not be liable for service interruptions, delays or failure in performing our obligations under these Terms due to factors or events beyond our reasonable control except to the extent that liability cannot be excluded under the Australian Consumer Law. This may include but is not necessarily limited to failures of third-party service providers, including telecommunications, hosting, and power providers, computer viruses, internet outages, acts of God, natural disasters, pandemics, government restrictions, warfare, or civil unrest.

12.    Entire Agreement and Severability

These Terms, together with our Privacy Policy and any other policies or documents expressly incorporated by reference, constitute the entire agreement between you and ONTOPPA regarding the Online Platforms and Services. No other verbal or written agreements apply unless expressly agreed in writing by ONTOPPA. If any provision of these Terms is found to be invalid or unenforceable, the remaining provisions will remain in full force and effect.

13.    Notices

Any notices under these Terms may be given electronically (including by email to [email protected] or through the Contact Portal on our website) or by post to our registered office. ONTOPPA may amend these Terms from time to time in accordance with Clause 1.

Last updated:  August 2025