Terms & Conditions
Last updated 26/09/2021
1 – ABOUT ON POINT
1.1 – These terms apply to the On Point mobile or digital application (App), the website at https://onpoint-consulting.com.au (Website) and associated coaching and consulting services and products provided through them (Programs), (‘On Point’, ‘we’, ‘our’, or ‘us’).
1.2 – On Point offers a variety of Programs which are promoted via the Website and App.
1.3 – On Point does not guarantee any particular outcome as a result of your participation in or use of any Programs.
2 – VALIDITY AND DURATION OF PROGRAMS
2.1 – After purchasing an On Point Program that is provided on the Website, the purchaser will be granted a minimum of 1 year access to that program commencing on the date of purchase.
2.2 – After purchasing an On Point Program, the purchaser will be granted access to that program on the Website for the duration of that period.
2.3 – At no time will the App access be paused or extended, other than in the circumstances outlined in paragraph 7.
3.1 – By registering an Account with us, or using or accessing the App and Website you will be acknowledging and agreeing that you:
(a) have read and understood these terms and conditions and agree to be bound by them;
(b) consent to the use of your personal information for the purposes set out in these terms and use of the App generally; and
(c) consent to receiving communications from us as outlined in paragraph 8 of these terms.
3.2 – On Point may amend its terms and conditions from time to time and will post its amended terms on the Website and App. The date of posting the amended terms on the Website and the App will be the date the new terms come into effect and apply to you. Your continued use of the Website and the App, Programs and purchase of any other goods and services from On Point after posting of the amended terms will indicate your acceptance of the amended terms.
4 – REGISTRATION ON A PROGRAM AND LICENCE
4.1 – Clients must be at least 18 years old in order to register an Account, use or access a Program.
4.2 – Purchase of a Program is for you as a single user only. You may not authorise third parties to use any Program, or other digital product or service supplied by us to you via your Account.
4.3 – Upon purchase of a program, e-book, template or guide you are entitled to download and print one copy of the item only. You are not permitted to copy or distribute it. A breach of this term will entitle us to terminate your access to any program you have purchased without refund.
4.4 – On registration for a program, On Point grants you a limited non-exclusive, non-sublicensable, non-transferable and revocable licence to use the materials provided with the program in accordance with these terms and conditions and solely for your personal use and enjoyment.
5 – PAYMENTS AND REFUNDS
5.1 – Clients must pay for all Programs and other goods or services ordered through the Website at the time of purchase using the credit card payment facility or via PayPal in the Website.
5.2 – Unless otherwise specified, you must pay for all Programs at the time of purchase using the payment facility or any other third party payment gateway that is offered via the App (in app purchase) or through an external app store such as the Apple app store (external app purchase). In app purchases are processed securely via our third party payment gateway providers. You must refer to their terms for additional information.
5.5 – After purchasing a program, you will be granted a period of access to that program on the website or App, which commences on the date of your purchase and ends a minimum of 12 months later.
5.8 – No refunds are available in respect of Programs, including accidental purchases, unused program periods, or any similar reason or event, unless a refund is required under the CCA.
6 – PRIVACY
6.1 – On Point is committed to protecting your privacy.
6.3 – Any personal information you provide to us will be collected for the primary purpose of providing you with access to and use of the Website and App and participation in and use of Programs.
6.5 – If we are required by law, or if necessary for debt collection reasons or other Purposes, or where you consent, your personal information may be disclosed to a third party.
6.6 – Clients consent to the disclosure of their personal information for the Purposes including to overseas recipients.
6.7 – Overseas recipients may include entities providing services to us (including computer servers), such as cloud storage or data hosting worldwide
6.8 – We may use SMS and/or email to communicate with you. From time to time, we may send you information about On Point by post, email, telephone call or SMS.
6.9 – We may need to contact you to:
(a) administer accounts and process payments;
(b) communicate with you regarding any issues affecting your registration on a program or use of the App or other Program;
(c) provide information on services and benefits available to you through the App;
(d) provide reminders of program key dates;
(e) provide you with our periodic newsletters and updates about our services or special offers available to you; and
(f) conduct market research or surveys to improve the services provided by On Point.
6.10 – If you do not wish to receive any communications or SMS reminders from us, please advise us or alternatively follow the ‘unsubscribe’ instructions provided in the communication. You acknowledge that if you opt out of receiving SMS or other communications from us, this may adversely affect your use of the App or participation in a Program.
6.11 – On Point may disclose your personal information (including your contact details) to its professional advisers, a claims processor or an insurer if there is a Claim, a dispute, an investigation by any police authority or any governmental body or similar agency.
7 – ON POINT RULES INCLUDING FOR USE OF SOCIAL MEDIA
7.1 – Clients must:
(a) ensure that their login details for the Website and the App (including usernames and passwords) are kept confidential and not disclosed to any other party;
(b) notify On Point immediately if you suspect or know that your Account has been accessed without your authority;
(c) accept responsibility for all activity on your Account or a program which takes place using your login or password;
(d) not use the App, a Program or the Website for any illegal purpose;
(e) not undertake any activity which uses, exploits or affects the Brand or the On Point Intellectual Property except for the purposes of your personal participation in a program or personal use of Programs purchased through the Website or App;
(f) not interfere with the enjoyment of another Client;
(g) not perform any fraudulent activity in connection with the App, a Program or the Website;
(h) not knowingly introduce viruses, trojans, worms, logic bombs or other material which is malicious or potentially damaging to our technology
9.2 – Some programs offer participation in private Facebook forums. Clients agree that at all times when participating in such forums or when posting about On Point on any social media platform they will:
(a) treat other Clients and On Point (and its staff and contractors) with dignity, support and respect;
(b) not display or engage in activity that facilitates illegal activity;
(c) not post, publish, distribute or display sexually explicit images or words;
(d) not promote violence; and
(e) not post, publish, distribute or display disparaging, humiliating, threatening, defamatory, harassing, abusive or discriminatory content.
9.3 – On Point reserves the right, in its absolute discretion, to remove any social media content and any information posted on any App or website or social media forum which On Point considers breaches the rules set out in this agreement.
9.4 – Clients are responsible for obtaining and maintaining the data network access to use the App, Website and Programs. Clients are also responsible for updating their devices to enable use of the Website and Programs and App and any updates to the App or the Website.
9.5 – Clients are responsible for ensuring that the premises at which exercise programs are undertaken are safe, clean and suitable for the purpose of undertaking or use of a Program.
8 – SUSPENSION OR TERMINATION OF YOUR ACCOUNT OR USE OF THE APP AND WEBSITE
8.1 – On Point may suspend or terminate your Account or registration on a program or challenge at any time should it consider that you have breached these terms and conditions or it is otherwise appropriate to do so.
8.2 – On Point will suspend or terminate the Account by written notice to the Client (which will include notice by email). This may include but is not limited to when a Client is being investigated by On Point or where the Client is believed to be displaying, or engaging in activity that facilitates illegal activity, depicts sexually explicit images, promotes violence, threatening, defamatory, harassing, abusive or discriminatory content.
8.3 – On Point may amend or remove your membership of any Facebook or other social media groups associated with a program, or any posts you place on such social media platforms at any time at its absolute discretion.
8.4 – Clients may stop using a Program, the App and the Website at any time.
9 – COMPLAINTS
9.1 – Clients may make a complaint by email to email@example.com
9.2 – Clients must use the subject line ‘Complaint’ on the email and must outline the complaint in detail including the nature of the complaint, and attach copies of any documentation which supports the complaint.
9.3 – On Point will investigate the complaint and endeavour to respond within 14 Business Days.
10 – OUR LIABILITY TO CLIENTS
10.1 – Consumer Guarantees): The Australian Consumer Law (ACL) contained in the Competition and Consumer Act 2010 (Cth) (CCA) provides certain guarantees in sections 60 to 62 (consumer guarantees) which generally require that the products and services supplied to you:
(a) are rendered with due care and skill;
(b) are reasonably fit for any purpose which you, either expressly or by implication, make known to the supplier and might reasonably be expected to achieve any result you have made known to the supplier; and
10.4 – Please note that nothing in this agreement excludes, restricts or modifies any term, condition, warranty, guarantee, right or remedy (including under a consumer guarantee) which cannot be lawfully excluded, restricted or modified.
10.5 – Otherwise, and except as expressly included in this agreement, all implied terms, conditions, warranties, rights or other additional obligations that can be lawfully excluded are excluded from this agreement. In particular, but subject to the preceding paragraph, we are not liable for
10.6 – On Point will not be liable for any loss or injury attributable to:
(a) your fault;
(b) a third party unconnected with the provision of goods and services provided by us (such as the owner or premises where you undertake a program);
(c) any loss or damage caused by a distributed denial of service attack, viruses or other technologically harmful material that may infect your computer equipment, device, programs, data or other material due to your use of the Website, any App or your downloading any material such as e-books or other material on the Website, or any website linked to it;
(d) the conduct or actions of Clients online or offline or their use of the Website or App;
(e) the suitability of a Program purchased by you;
(f) unauthorised access or use of your Account by third parties;
(g) any website links contained on the Website or an App to external organisations or advertisements or the use of such an external organisation’s website or App; or
(h) events which neither we, nor our suppliers or agents could have foreseen or forestalled, even if we had taken reasonable care.
10.7 – We are not liable if you ignore our requirement set out in these terms, or at any other time, to seek medical or other professional advice.
14 – WARRANTIES (BY CLIENTS)
14.1 – You represent and warrant to On Point that:
(a) you are 18 years old or over;
(b) all information and documentation provided to On Point from time to time is true and accurate and not misleading in any respect; and
(c) you will abide by these terms and conditions at all times.
15 – LIMITATION/EXCLUSION OF LIABILITY
15.1 – Clients acknowledge and agree that On Point excludes all liability to Clients to the maximum extent permitted by law including the ACL contained in the CCA.
15.2 – All implied terms, conditions, warranties, rights or other additional obligations that can be lawfully excluded are excluded from this agreement. In particular, we are not liable for:
(a) negligence or fault of Clients;
(b) the acts or omissions of a third party unconnected with the provision of goods or services by On Point;
(c) any defect in or complaint about the availability of a Program;
(d) delays in the functionality of, or inability to access the Website or an App (and to this end On Point does not guarantee or warrant that the Website or the App will be uninterrupted or error fee); and
(e) any behaviour by a Client towards another Client or third parties which is defamatory, libellous, unlawful or offensive way towards other Clients or third parties.
15.4 –Clients agree and accept that the entire risk arising out of your use of the Website and participation in Programs and use of goods and any other services purchased through the Website remains solely with Clients to the maximum extent permitted by law.
15.5 – On Point will not be liable for an indirect, incidental or consequential damage including loss of profits, lost data or lost Client Content, personal injury, death or property damage in connection with or referable to a Client’s use of the Website or App or other goods or services provided in connection with or referable to the Website and any Program.
16.1 – Clients agree to indemnify and hold On Point and its officers, directors, employees and agents harmless from any and all Claims arising out of or in connection with:
(a) a Client’s use of the Website or participation in programs or challenges;
(b) use of products purchased through the Website;
(c) a Client’s breach of these terms and conditions;
(d) our use of your Client Content;
(e) a Client’s breach of duty of care, or negligence towards another Client; or
(f) a Client behaving in a defamatory, libellous, hateful, aggressive, violent, obscene, unlawful or offensive way towards other Clients or third parties.
17 – NOTICE
17.1 –We may give notice to you by email to your email address in your Account or by written communication to your address as set out in your Account, Clients may give notice to us by email to firstname.lastname@example.org
18 – ASSIGNMENT
18.1 – On Point may assign or transfer the rights and benefits under this agreement and sub-contract our obligations under this agreement to a third party in whole or in part at any time without the approval of the Client.
18.2 – On Point may transfer ownership of the Programs, App, and the Website at any time without the consent of the Client and the Client hereby consents to the transfer and disclosure of his or her personal and sensitive information (including health and financial information) to any purchaser of On Point or its business and assets.
19 – SEVERANCE
19.1 – If any provision of these terms is found to be illegal, invalid or unenforceable, in whole or in part, under any law, then such provision or part of it will be deemed not to form part of these terms and the legality and enforceability of the other provisions of these terms will remain unaffected and enforceable.
20 – ENTIRE AGREEMENT
20.1 –These terms constitute the entire agreement between On Point and Clients and replaces and supersedes all other prior agreements or undertakings between the parties.
21 – INTELLECTUAL PROPERTY AND OWNERSHIP
21.1 –The Website, the On Point logo and trade marks, the Brand and these terms and conditions, the content of Website, Programs, nutrition guides and e-books and any materials we provide to you in connection with the App or a program (On Point Intellectual Property), will at all times remain our property and are subject to copyright and other intellectual property rights under Australian law, international conventions and other laws.
21.2 –You undertake not to copy, publish or reproduce in whole or in part, the On Point Intellectual Property except as is expressly permitted by these terms and conditions.
22 – GOVERNING LAWS
22.1 – These terms and conditions will be governed by and construed in accordance with the laws of the state of New South Wales, Australia.
22.2 – All parties hereby submit to the jurisdiction of the Courts of New South Wales, Australia.
23 – YOUR ACKNOWLEDGEMENTS AND CONSENTS
23.1 –By registering an Account you acknowledge and agree that:
(a) you have read and understood these terms and conditions and agree to be bound by them;
(b) you are responsible for all costs incurred by you with respect to your usage of the Programs, e-books, and App’s on a mobile device including data usage fees and other telecommunications fees;
(d) you consent to receiving any communications from us as outlined in paragraph 8 above however you may opt out at any time.
24 – DEFINITIONS
24.1 –In these terms and conditions the following words have the following meanings:
Account means a Clients Account registered with us through the Website or App;
On Point Intellectual Property has the meaning given to it in clause 21.1 above;
Brand means the distinctive appearance, image, goodwill and reputation that attaches to our Website, App and all other materials supplied through the Website and App, the On Point trademarks and the application of the trademarks and the On Point Intellectual Property to goods, services and premises and includes the distinctive image, brand positioning and Client appeal created by the appearance, layout, general ambience and presentation of the Website, the App and Programs we provide (through the Website and App);
Business Days means any day (excluding Saturdays and Sundays and public holidays) on which banks are open for business in New South Wales, Australia;
CCA means the Competition and Consumer Act 2010 (Cth) and includes the Australian Consumer Law (ACL).
Claim means all claims, liabilities, debts, costs, expenses or obligations, whether actual or contingent, present or future, quantified or unquantified, damages, demands, suits, actions and causes of actions, including legal fees on a solicitor and own client basis, other professionals’ and experts’ fees, and court or dispute resolution costs;
Client means any person who registers an Account with us;
Client Content means any words, images, links or other content posted by a Client on the Website, any App, Facebook or any other social media forums;
Programs means all On Point associated coaching and consulting services and products (including all programs, workshops, seminars, ebooks and gift vouchers); and
II. TERMS OF PROGRAM ENROLMENT:
Program: TAKE CONTROL – 7 Steps to Increase Your Salary
Program Cost: $1,950 AUD
All prices quoted are in Australian Dollars ($AUD) or equivalent (conversion rate to be determined at the time of sale)
- Payment is due up front and in full.
- Payments may be made via credit card or debit card or Paypal.
- No payments will be refunded at any time for any reason.
We are committed to providing all Program participants with a positive experience. Thus, On Point may, at its sole discretion, limit, suspend, or terminate your participation in any of its programs, live, recorded, social media-based or digital without refund or forgiveness of remaining payments due if you:
- Become disruptive or difficult to work with;
- Fail to follow the Program guidelines; and /or
- Impair the participation of On Point employees, contractors, clients, instructors or participants in any of the On Point programs.
Terms of Sale
- You hereby agree that all Program sales are final, non-refundable, and non-transferrable.
- You agree that you have fully consented to any payment to On Point and that any/all payments are valid and that you have consented to the purchase of the Program as outlined in Section 1.
- You agree to waive any and all rights to charge-back, dispute, or make claims (“disputes”) against any payment made to On Point as being purchased in error, services not delivered to you, product not received, or any other dispute which claims that any payment is unlawful.
- You agree to not initiate any disputes or claims through your credit card company, bank, lending institution, or any other payment provider since you have fully consented to all charges outlined in Section 1 and thus you agree that you may not dispute the payment made to On Point for the Program.