Terms of Service
Summary of our Terms of Service and Refund Policy in plain language
We know that most people never read the long legal wording in Terms of Service documents, so below is an outline of who we are, what we offer, our expectations of customers, and your rights and obligations as our customer if you buy our product. Please read the full Terms of Service below to get all the details, this is simply offered as a summary and only the actual Terms of Service is a binding legal agreement.
Who we are
- This website www.osgoodschlatter.net is owned and operated by Core Advantage Pty Ltd, a Company registered in Australia with the registration number ABN 63 166 138 781.
- We are a small business, we operate a select-entry gym for athletes in Melbourne, Australia. Learn more about us at www.coreadvantage.com.au
We do not offer medical advice
- This is important: Nothing on this site is medical advice. It is fitness information and you should always consult a physician before starting any new workout program or fitness regimen.
Type of product
- We sell digital products. Your purchase entitles you to access a program or programs via our website.
- We believe the programs we offer are effective for most people if they are followed diligently and in the manner we describe.
- We expect you to act in good faith and complete the program you purchased to the best of your abilities before requesting a refund (we are pretty confident about the programs!)
- If you purchased a program by mistake, or after completing the program diligently you believe it was ineffective, we will refund your purchase. To start a refund request simply send an email describing the issue.
- We do reserve the right to not refund your purchase if we believe you are not acting in good faith.
Registration, privacy, and use of the content we provide
- To purchase a program you will need to register as a user.
- We will not share any personal information you supply us when you register, or in any follow up communications with us.
- If you submit a review of your experience of the product, that information becomes public and we may use that information to promote the program to potential customers.
- When you purchase a program you are only entitled to use it for personal purposes only for yourself or a member of your direct household.
- All the material on the site is proprietary and belongs to Core Advantage. Please respect our effort in building this program over the last several years and don't share it with other people outside of your direct household!
Our expectation of your behaviour
- We expect all users of the site to behave respectfully to each other and Core Advantage coaches or representatives.
Our right to cancel your membership
Our right to cancel your membership
- Even though we are incredibly confident about our programs effectiveness, of course we cannot guarantee its effectiveness for every individual.
- You are responsible entirely for your use of our program, and you should ensure it is appropriate for you and clear its use with a physician.
- We are not liable for any damages that might arise from you following our program.
- We make no guarantee about continuing access to this website, site drop-outs, or any other technical issues with browser compatibility or internet connections. (We will of course do our best to help if you get in touch!)
Full Terms & Conditions
PLEASE READ THESE TERMS OF SERVICE (“TERMS”) AS THESE TERMS CONTAIN IMPORTANT INFORMATION REGARDING YOUR LEGAL RIGHTS, REMEDIES AND OBLIGATIONS.
TERMS OF SERVICE – osgoodschlatters.net
Core Advantage Pty Ltd, and its predecessors, successors, licensors, beneficiaries and/or affiliates welcome you to osgoodschlatters.net (the “Site”), which includes all web pages within the Site. By using the Site, you agree to be bound by these Terms, whether or not you register as a Member of the Site. If you do not agree to all of the Terms, do not use the Site.Core Advantage Pty Ltd may revise and update these Terms at any time. Your continued use of the Site will mean you accept the revised Terms.These Terms were last updated on March 23rd 2021.
- IMPORTANT DISCLAIMER. THE INFORMATION PROVIDED THROUGH THIS SITE OR SENT TO YOU BY A CORE ADVANTAGE PTY LTD TRAINER IS INTENDED TO ASSIST YOU IN YOUR FITNESS AND PROFESSIONAL EFFORTS. ALL INFORMATION IS OF A GENERAL NATURE AND IS FURNISHED FOR EDUCATIONAL PURPOSES ONLY. YOU AGREE AND ACKNOWLEDGE THAT CORE ADVANTAGE PTY LTD IS NOT A MEDICAL ORGANISATION, HOSPITAL OR STAFFED BY MEDICALLY TRAINED PERSONNEL. THE INFORMATION PROVIDED THROUGH THIS SITE IS NOT INTENDED AS A SUBSTITUTE FOR MEDICAL COUNSELLING, OR THE PROFESSIONAL ADVICE OF YOUR PERSONAL PHYSICIAN. BEFORE YOU BEGIN ANY FITNESS OR NUTRITION PROGRAM, CONSULT YOUR PHYSICIAN TO DETERMINE IF THE FITNESS OR NUTRITION PROGRAM IS RIGHT FOR YOUR NEEDS. DO NOT START A FITNESS OR NUTRITION PROGRAM IF YOUR PHYSICIAN ADVISES AGAINST IT. PLEASE NOTE THAT THE SITE’S COACHES, AFFILIATES OR EMPLOYEES CANNOT PROVIDE YOU WITH MEDICAL ADVICE AND NOTHING THAT YOU MAY READ ON THIS SITE OR THAT IS OTHERWISE PROVIDED TO YOU BY THE SITE’S COACHES, AFFILIATES OR EMPLOYEES SHOULD BE CONSTRUED AS SUCH. ALTHOUGH CORE ADVANTAGE PTY LTD AND THE SITE’S COACHES, AFFILIATES AND EMPLOYEES MAKES AN EFFORT TO PROVIDE QUALITY INFORMATION TO YOU, CORE ADVANTAGE PTY LTD DISCLAIMS ANY IMPLIED GUARANTEE REGARDING THE ACCURACY, COMPLETENESS, TIMELINESS, OR RELEVANCE OF ANY INFORMATION PROVIDED THROUGH THIS SITE OR SENT TO YOU BY A CORE ADVANTAGE PTY LTD COACH OR THE SITE. FOR EXAMPLE, HEALTH, DIET & FITNESS ADVICE IS OFTEN SUBJECT TO UPDATING AND REFINING DUE TO MEDICAL RESEARCH AND DEVELOPMENTS. NO ASSURANCE CAN BE GIVEN THAT THE INFORMATION PROVIDED THROUGH THIS SITE WILL REFLECT THE MOST RECENT FINDINGS OR DEVELOPMENTS WITH RESPECT TO THE PARTICULAR MATERIAL.
- Fees. Some of our features, such as the ability to access certain fitness or educational content, require you to pay a fee. You agree to pay the fees and any other charges incurred in connection with your username and password (including any applicable taxes) at the rates in effect when the charges were incurred. The Site uses Stripe, Square, & Paypal to process your credit card transactions. We will bill all charges automatically to your credit card or Paypal account.
- Lifetime access. Some services available on the Site are listed as being available for “Lifetime Access”. This regards the lifetime of the Site and of CORE ADVANTAGE PTY LTD. CORE ADVANTAGE PTY LTD reserves the right to remove, and modify all components of the website at any time. Including content within the Site that is part of a Lifetime access membership.
- Account Security. You are responsible for maintaining the confidentiality of your username and password that you designate during the registration process and you are fully responsible for all activities that occur under your username and password. You shall immediately notify us of any unauthorised use of your username or password or any other breach of security. CORE ADVANTAGE PTY LTD will not be liable for any loss or damage arising from your failure to comply with this provision. You should use particular caution when accessing your account from a public or shared computer so that others are not able to view or record your password or other personal information.
- Limitations on Use. CORE ADVANTAGE PTY LTD grants to you a limited personal, non-exclusive, and non-transferable right and license to access the Site. Unless otherwise specified in writing, the Site is for your personal and non-commercial use. The Site including, without limitation, the content, metadata, design, organisation, compilation, look and feel, the fitness plans, education content and all other protectable intellectual property available through the Site (the “Proprietary Materials”) are the Site’s property or the property of our licensors and are protected by copyright and other intellectual property laws. All rights regarding the Proprietary Materials not expressly granted in this Agreement are reserved by CORE ADVANTAGE PTY LTD. Unless you have our written consent, you may not copy, reproduce, sell, publish, distribute, display, retransmit or otherwise provide access to the Proprietary Materials received through the Site to anyone. You agree not to rearrange, modify or create derivative works using the Proprietary Materials. You agree not to create, scrape, or display our content for use on another website or service. You agree not to post any content from the Site to weblogs, news groups, mail lists, or electronic bulletin boards without our written consent.
- Notice for Claims of Copyright Violations. If you believe that your work has been copied and posted on our Site in a way that constitutes copyright infringement, you should provide our Copyright Agent with a written notice that sets forth the infringement details. To be effective, the notice must contain the following information:
1. a description of the copyrighted work that you believe has been infringed;
2. a description of the material that you claim is infringing the copyrighted work identified in #1, and a detailed description of where it is located on our website.
3. your address, telephone number, and email address
4. a written statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;
5. a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf; and an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest.
Please send the written communication to our Copyright Agent at the following address:
By mail: 39 Cleeland Road, Oakleigh South, Vic, 3168 Australia
We reserve the right, in appropriate circumstances and at our discretion, to terminate the privileges of any account holder who repeatedly infringes the copyrights or other intellectual property rights of others.
- Conduct. We reserve the right to terminate your Member status if you misuse the Site or violate these Terms including, without limitation, the following rules of conduct:
You may not:
- Upload, post, transmit to other Members by any means, or otherwise make available any content or materials that are unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, invasive of another’s privacy, hateful, or racially, ethnically or otherwise objectionable;
- Impersonate any person or entity, including another Member, Trainer, or other employees of CORE ADVANTAGE PTY LTD, or falsely state or otherwise misrepresent your affiliation with a person or entity;
- Forge headers or otherwise manipulate identifiers in order to disguise the origin of any information transmitted;
- Upload, post, email, transmit to other Members by any means, or otherwise, make available any content or materials that you do not have a right to make available under any law or under contractual or fiduciary relationships;
- Upload, post, email, transmit to other Members by any means, or otherwise make available any content or materials that infringe any patent, trademark, trade secret, copyright or other proprietary rights of any party;
- Upload, post, transmit to other Member by any means, or otherwise make available any unsolicited or unauthorized advertising, promotional materials, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” or any other form of solicitation;
- Upload, post, email, transmit to other Members by any means, or otherwise make available any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
- Attempt to interfere with or disrupt our servers or networks;
- Intentionally or unintentionally violate any applicable local, state, national or international law or any regulations having the force of law;
- “Stalk” or otherwise harass another; Solicit, collect or post personal data or attempt to solicit, collect or post personal data about other users, including user names or passwords; or access or attempt to access another user’s account without his or her consent; and/or
- Post, disseminate, transmit or otherwise distribute your personal data or plan data on any website or through other digital, electronic or printed forum.
- DISCLAIMERS OF WARRANTIES. YOU USE THE SITE AT YOUR OWN RISK. CORE ADVANTAGE PTY LTD EXPRESSLY DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES ABOUT THE ACCURACY, COMPLETENESS, TIMELINESS OR EFFICACY OF THE CONTENT OF THE SITE AND ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY ERRORS, MISTAKES, OR INACCURACIES IN SUCH CONTENT. YOU AGREE THAT YOUR ACCESS TO, AND USE OF, THE SITE AND THE CONTENT AND SERVICES AVAILABLE THROUGH THE SITE IS ON AN “AS-IS”, “AS AVAILABLE” BASIS AND CORE ADVANTAGE PTY LTD SPECIFICALLY DISCLAIMS ANY REPRESENTATIONS OR WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY REPRESENTATIONS OR WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. CORE ADVANTAGE PTY LTD DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE PRODUCTS, OFFERINGS, CONTENT AND MATERIALS IN THIS SITE. IF ANY APPLICABLE AUTHORITY HOLDS ANY PORTION OF THIS SECTION TO BE UNENFORCEABLE, THEN CORE ADVANTAGE PTY LTD WILL BE LIMITED TO THE FULLEST POSSIBLE EXTENT PERMITTED BY APPLICABLE LAW.
- Limitation of Liability. YOU ACKNOWLEDGE AND AGREE THAT CORE ADVANTAGE PTY LTD SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES, OR ANY OTHER DAMAGES WHATSOEVER, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF CORE ADVANTAGE PTY LTD HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), ARISING OUT OF, OR RESULTING FROM, (A) THE USE OR THE INABILITY TO USE THE SITE; (B) THE USE OF ANY CONTENT OR OTHER MATERIAL ON THE SITE OR ANY WEBSITES LINKED TO THE SITE, (C) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SITE PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SITE; (D) UNAUTHORISED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (E) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SITE; OR (F) ANY OTHER MATTER RELATING TO THE SITE. IN NO EVENT SHALL CORE ADVANTAGE PTY LTD’S TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION (WHETHER IN CONTRACT, TORT [INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE], OR OTHERWISE) EXCEED THE AMOUNT PAID BY YOU TO CORE ADVANTAGE PTY LTD. IF ANY PORTION OF THIS LIMITATION OF LIABILITY IS FOUND TO BE INVALID, LIABILITY IS LIMITED TO THE FULLEST EXTENT PERMITTED BY LAW.
- Indemnification. You agree to defend, indemnify, and to hold harmless CORE ADVANTAGE PTY LTD, together with its officers and directors, from any and all liabilities, penalties, claims, causes of action, and demands brought by third parties (including the costs, expenses and attorneys’ fees on account thereof) arising, resulting from or relating to: (a) your use of the Site or your inability to use the Site; or (b) an allegation that you violated any representation, warranty, covenant or condition in these Terms. Your agreement to defend, to indemnify, and to hold CORE ADVANTAGE PTY LTD (and its officers and directors) harmless applies whether a claim against CORE ADVANTAGE PTY LTD is based in contract or tort (including strict liability), and regardless of the form of action, including but not limited to your violation of any third party right, a claim that the Site caused damage to you or to any third party and/or your use and access to the Site. This indemnification section shall survive your termination of or cessation of use of the Site.
- Governing Law and Choice of Forum. These Terms contain the final and entire agreement between us regarding your use of the Site and supersedes all previous and contemporaneous oral or written agreements regarding your use of the Site. We may discontinue or change the Site, or its availability to you, at any time. These Terms are personal to you, which means that you may not assign your rights or obligations under this Agreement to anyone. You agree that these Terms, as well as any and all claims arising from these Terms will be governed by and construed in accordance with the laws of the State of Victoria, Australia applicable to contracts made entirely within Australia and wholly performed in Australia, without regard to any conflict or choice of law principles. The sole and exclusive jurisdiction and venue for any litigation arising out of these Terms or in any way related to the Site will be an appropriate federal or state court located in Melbourne, Victoria, Australia. These Terms will not be governed by the United Nations Convention on Contracts for the International Sale of Goods.
- Miscellaneous Terms. CORE ADVANTAGE PTY LTD may assign its rights and obligations under these Terms. These Terms will inure to the benefit of CORE ADVANTAGE PTY LTD’s successors, assigns and licensees. The failure of either party to insist upon or enforce the strict performance of the other party with respect to any provision of these Terms, or to exercise any right under the Terms, will not be construed as a waiver or relinquishment to any extent of such party’s right to assert or rely upon any such provision or right in that or any other instance; rather, the same will be and remain in full force and effect.
- Delivery Method and Timing. We offer online software packages that do not require physical delivery. Upon completion of proper signup procedures and any required payment processing then we will make every effort to ensure that you have immediate access to your online software package.
- Return/Refund Policy. If at any point you feel a program or product purchased through our site is not meeting your requirements you are welcome to request a refund by emailing email@example.com. We reserve the discretionary right to refuse or oblige any refund request based on the merits of each case.
- Contact Information. Our mailing address is 39 Cleeland Road, Oakleigh South, Victoria 3168, Australia. Our email is firstname.lastname@example.org