TERMS AND CONDITIONS

  1. General Terms of Use

We reserve the right, at our sole discretion, to modify these Terms and Conditions, including any applicable service fees, at any time. Such modifications shall become effective immediately upon being posted on our official website. Your continued access or use of our website, programs, services, or content constitutes your binding acceptance of these Terms and any revisions. If you do not agree to any revised terms, it is your responsibility to discontinue your use of our services and submit written notification of cancellation.

We further reserve the right, at our sole discretion, to restrict, suspend, or terminate access to our services or website in part or in full at any time, for any reason, without prior notice or liability.

We may modify, suspend, or discontinue any aspect of our services at any time without prior notice, including but not limited to the availability of any feature, content, database, service, or product. We retain the right to remove or edit any material you submit for any reason and without liability or prior notice.

We shall not be held liable for service interruptions or delays due to factors including but not limited to: maintenance, failures of third-party service providers (including telecommunications, hosting, and power providers), computer viruses, acts of God, natural disasters, warfare, civil unrest, or any events outside our reasonable control.

  1. Disclaimer of Liability for Products and Services

To the maximum extent permitted by applicable law, coachGrazy, On Top Pty Ltd, On Top Fitness Australia Pty Ltd, and On Top Performance Academy disclaim all liability for products and/or services purchased through or in relation to our website, regardless of whether such products or services are ours or those of third parties.

We, our affiliates, and assigns are not liable to you, any other individual, or any entity for any form of damages—direct, indirect, incidental, consequential, or otherwise—including but not limited to damages resulting from breach of contract, breach of warranty, negligence, strict liability, intellectual property infringement, or intentional tort, even if we have been advised of or could have reasonably foreseen the possibility of such damages.

  1. Professional Advice Disclaimer

On Top Pty Ltd (trading as On Top Performance Academy, On Top Fitness, and On Top Fitness Australia Pty Ltd) and its associated staff and entities do not offer legal, financial, accounting, or insurance advice. The information provided in the Setup & Planning Modules or any other program is general in nature and does not consider individual circumstances. It is the client’s sole responsibility to seek independent, professional advice where necessary.

  1. Product Pricing and Access Terms

4.1 Content Vault Access (Stand-Alone)

When a client purchases stand-alone Content Vault Access, access is granted for a fixed duration of six (6) months from the date of payment. This includes access to all applicable vault materials, templates, resources, and modules made available under the client’s selected plan.

4.2 Done With You Coaching Program

Payment of the Done With You Coaching Program fee entitles the client to:

  • Personalised coaching sessions and services for the duration of the coaching program purchased, and
  • Twelve (12) months of Content Vault Access from the date of program enrolment.

The scope of services and duration are determined at the time of enrolment, based on the specific Done With You Coaching package selected.

  1. Refund, Cancellation, and Return Policy

5.1 When a Refund Will Be Granted

Clients of coachGrazy, On Top Pty Ltd, On Top Fitness Australia Pty Ltd, and On Top Performance Academy are eligible for a refund of all or part of their Content Vault Access or Product Fee under the following conditions:

  • The refund request must be made in writing 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.

Additionally, clients are eligible for a partial or full refund of the Content Vault Access Fee or Done With You Fast Track Program Fee under the following conditions:

  • The client has followed 100% of every step and instruction in the Fast Track Program.
  • The client can provide supporting evidence of full program compliance.
  • The client has not obtained a paying client since enrolment.

If a refund is approved within the initial 48-hour window, a full refund less a $300 administration fee will be issued, contingent upon the written request being submitted to: [email protected]

Clients on payment plans who have not paid their full product fee will be required to remit the $300 administration fee before refund approval.

Requests submitted through non-written channels (e.g. SMS, voicemail) or outside of business hours will not be accepted or considered as valid refund requests.

5.2 When a Refund Will Not Be Granted

Refunds will not be issued in the following situations:

  • Requests submitted more than 48 hours after enrolment.
  • The client has changed their mind about continuing with the service or program.
  • The client’s work situation has changed, including changes in employment or working hours.
  • The client is affected by a medical condition or injury.
  • The client has undergone a change in personal circumstances.

In cases of non-payment or default on payment plans, we reserve the right to engage an external debt collection agency to initiate legal recovery proceedings.

  1. Coaching Call Expiration

6.1 Individual Coaching or Tutor Calls

All one-on-one coaching or tutor call products expire 90 days from the date of purchase. Unredeemed sessions will not be serviced or refunded after expiration, and coachGrazy, On Top Pty Ltd, On Top Fitness Australia Pty Ltd, and On Top Performance Academy shall bear no liability.

6.2 Six-Session Coaching/Tutor/Service Packs

All 6-session service packs expire 12 weeks from the date of purchase. Any unused sessions after this period will be forfeited without entitlement to a refund or rescheduling.

  1. Affiliate Commission Terms

7.1 Eligibility and Commission Structure

Clients who have purchased either Content Vault Access or a Done With You Coaching Program are automatically enrolled as approved affiliates under the following conditions:

  • Active clients are entitled to receive affiliate commissions equal to 70% of Stand-Alone Content Vault Access Fees paid by referred clients using their exclusive affiliate tracking link.
  • Commissions apply only to Stand-Alone Content Vault Access purchases, not to coaching programs, bundled offers, or custom services.
  • Commission eligibility remains valid only while the client maintains active, fully paid-up membership or enrolment with On Top Performance Academy or Team On Top.

7.2 Branding and Representation Obligations

By participating in the affiliate program, the client warrants and agrees to:

  • Only use approved marketing materials and branding assets as provided or authorised by coachGrazy, On Top Pty Ltd, On Top Fitness Australia Pty Ltd, or On Top Performance Academy.
  • Not repackage, rebrand, or present any of the On Top Performance Academy or Team On Top programs, services, or resources as their own.
  • Promote On Top programs with honesty, transparency, and compliance with relevant marketing and advertising standards.

7.3 Termination of Affiliate Rights

coachGrazy, On Top Pty Ltd, On Top Fitness Australia Pty Ltd, and On Top Performance Academy reserve the sole and absolute right to:

  • Revoke or suspend a client’s Affiliate Rights at any time, without prior notice, reason, or liability.
  • Cancel commissions retroactively if the client is found in breach of affiliate marketing terms, including misrepresentation, unethical conduct, or use of unapproved materials.
  1. Submitted Content

By submitting content to us, you warrant and represent that:

  • You are at least 18 years old.
  • 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.
  • The content is not defamatory, obscene, or in violation of any law or regulation.

By submitting content, you grant coachGrazy, On Top Pty Ltd, On Top Fitness Australia Pty Ltd, On Top Performance Academy, and their affiliates a worldwide, irrevocable, royalty-free, non-exclusive license to use, reproduce, modify, distribute, perform, and display the content across any platform or medium, including but not limited to promotion, public streaming, database storage, and resale.

  1. Account Responsibility

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.

  1. Third-Party Content and Sites

Our website 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.

  1. Client Conduct and Prohibited Activities

You agree not to:

  • Use bots, scrapers, or similar tools to extract data.
  • Distribute malware, viruses, or corrupted files.
  • Post defamatory, obscene, infringing, or unlawful content.
  • Interfere with forums, chats, or user experiences.
  • Use our platforms for commercial advertising or unauthorized solicitations.
  • Infringe upon intellectual property.
  • Falsify user credentials or metadata.

Violation of these guidelines may result in immediate suspension or termination of access without prior notice.

  1. Legal Indemnification

You agree to indemnify and hold harmless coachGrazy, On Top Pty Ltd, On Top Fitness Australia Pty Ltd, On Top Performance Academy, and their officers, staff, and affiliates from any claims, damages, or legal fees arising from:

  • Unauthorized use of your account.
  • Submission of illegal or infringing content.
  • Breach of any part of these Terms and Conditions.
  1. Disclaimers and No Warranty

We make no guarantees about uptime, availability, or performance of our services. All services and content are provided on an “as is, as available” basis. You use our services at your own risk. We are not liable for:

  • Delays, errors, or interruptions.
  • Incomplete data or inaccuracies.
  • Damage to your systems or loss of data from downloads.
  1. Intellectual Property Rights

All trademarks, copyrights, trade secrets, and intellectual property used on our website are the sole property of their respective owners. No license is granted without prior written consent. You may not commercially use, distribute, or reproduce any part of our content or services.

  1. Communication Consent

By submitting a contact form on our site, you expressly consent to being contacted by coachGrazy, On Top Pty Ltd, On Top Fitness Australia Pty Ltd, or On Top Performance Academy, including by phone, regardless of Do Not Call Registry status.

You also agree to receive marketing and promotional emails from us and may opt out at any time.

  1. Results Disclaimer

Every effort has been made to accurately represent our services and programs. Any testimonials or examples provided are not to be construed as promises or guarantees of specific results. Outcomes may vary based on numerous factors including effort, business strategy, and market conditions.

  1. Governing Law and Dispute Resolution

These Terms are governed by the laws of Queensland, Australia. Disputes will first be subject to mediation, and if unresolved, to binding arbitration in Brisbane, Queensland.

Each party agrees to:

  • Handle disputes individually and not as part of a class action.
  • Be responsible for their own legal costs and attorney fees.
  • Seek interim relief from a Brisbane court if necessary to protect their rights.
  1. Entire Agreement and Severability

These Terms, along with our Privacy Policy, constitute the entire agreement between you and us. No other verbal or written agreements apply unless formally executed. If any provision is deemed unenforceable, the remainder of the Terms will remain in full effect.

  1. Notices and Amendments

Any notices must be submitted in writing by registered or certified mail. These Terms may only be modified by a written document signed by all parties. We are not bound by any contrary laws or presumptions requiring ambiguities to be construed against the drafter.