Terms and Conditions of Use

TERMS & CONDITIONS OF USE

Effective Date: January 1, 2022
Last Updated: October 27, 2025

Welcome to R.T. Leckie Holdings PTY LTD (“Company,” “we,” “our,” or “us”). These Terms and Conditions of Use (the “Agreement” or “Terms”) govern your access to and use of all our digital and physical properties and offerings, including but not limited to:

Our YouTube channel: https://www.youtube.com/@EricLeckieDPT

Our newsletters, our publications, and mass communications including email newsletter, The Gentlemen’s Agreement; and

Our paid programs, products, subscription offerings, courses, and other services (collectively, the “Company Properties” and the “Services”).

By accessing, browsing, subscribing to, or otherwise using the Company Properties or Services, you (“you,” “your”) agree to be bound by this Agreement. For the purposes of this Agreement, “You” means the person accessing or using the Company Properties and/or the Services, whether on your own behalf as an individual or on behalf of another individual, entity, or company. If you are accessing or using the Company Properties on behalf of another individual or a company, you represent and warrant that you are authorized to accept this Agreement on their behalf.

If you do not agree with these Terms, you must not use the Company Properties or Services.

1. What We Do

The Company provides educational content and general informational resources focused on health, wellness, exercise, strength, balance, pain relief, and related topics for an older adult population. We make such content available through the Company Properties and may also provide subscription programs, digital courses, and other offerings. Collectively, these constitute our “Services.”

All Services are governed by these Terms, and by using or participating in any Services you agree to abide by this Agreement and any applicable Supplemental Terms. The Company may, in its sole discretion, add, modify, suspend, or discontinue any of the Services at any time, without liability to You.

2. Supplemental Terms & Third-Party Terms

Your use of, and participation in, certain Services may be subject to additional terms (“Supplemental Terms”). Such Supplemental Terms will either be set out in this Agreement or presented to You for acceptance at the time You sign up for the applicable Service. If there is any inconsistency between this Agreement and any Supplemental Terms, the Supplemental Terms will control with respect to the Service to which they apply.

Certain Services may integrate or rely on third-party platforms, tools, or services (such as YouTube, Thinkific, or Calendly), and Your use of those services is subject to the applicable third-party’s terms and conditions, which may change from time to time. You agree to review, accept, and comply with all such third-party terms as a condition of accessing or using those Services.

3. No Therapist–Client Relationship

Although the Company is operated by a registered physiotherapist in Australia, the information, products, and services provided through the Company Properties do not constitute physiotherapy treatment or a therapist–client relationship. You are not receiving individualized healthcare, diagnosis, or treatment through the Company Properties.

4. Eligibility

You must be at least 18 years of age (or the age of majority in your jurisdiction) to use the Company Properties. By using them, you represent and warrant that you meet this requirement.

5. Your Responsibilities

You are responsible for all activity occurring under or relating to your account, including, but not limited to, activity by your staff, employees, consultants, advisors, independent contractors, and End Users. You agree to:

Ensure that your Affiliates and End Users comply with this Agreement, any Supplemental Terms, and all applicable laws, rules and regulations (including data privacy and transmission of personal data laws);
Provide accurate, current, and complete information when using or registering for any Services, and promptly update such information to keep it accurate;
Maintain the confidentiality of your login and account credentials;
Not use the Company Properties or Services for any unlawful, harmful, or unauthorized purpose; and
Not interfere with or disrupt the integrity, operation, or security of the Company Properties, Services, or related systems.

6. Changes to Services

The Company reserves the right, at any time and from time to time, to modify, suspend, or discontinue the Services, in whole or in part, at its sole discretion, including in connection with events beyond its reasonable control (“force majeure” events). You acknowledge and agree that the Company shall have no liability to You for any such modification, suspension, or discontinuation, and You shall have no legal or equitable remedy arising from such actions.

7. Free Trials, Newsletter, and Promotional Offerings

The Company may, at its sole discretion, provide free trials, newsletters, or other promotional offerings. These are provided without guarantee, may be suspended or terminated at any time without notice, and do not confer any rights upon you.

8. Payment Processing

The Company may offer the ability to process payments through the Services (“Payment Processing Services”). Such Payment Processing Services are provided by our third-party payment processing partners (“Third Party Offerings”). Any procurement by you will be subject to a separate merchant agreement solely between you (or your Affiliate) and the third-party processor.

By using Payment Processing Services, you agree that you and your Affiliates will comply with the applicable merchant agreements, card network rules, and all laws and regulations. The Company disclaims all liability arising from Third Party Offerings.

9. Fees and Payment

9.1 One-Time Payments (Current Model)

Unless otherwise specified in an order form, all charges for the Company’s products and services are one-time payments only. The Company does not currently offer subscriptions or recurring billing of any kind, and no subscription fees are charged at this time.

You agree to pay all applicable fees and other charges as communicated by the Company. All payment obligations are non-cancellable, and all fees paid are non-refundable, unless otherwise stated in writing.

Where a program, subscription, or service specifically includes a money-back guarantee, You may request a refund of fees actually paid. Any refund shall not exceed the total amount paid by You for the applicable program, subscription, or service and is subject to our review and sole discretion.

Unless otherwise specified, fees must be paid in advance of delivery or access to the applicable product or service.

By providing payment information (e.g., credit card), you represent and warrant that you are authorized to use the designated payment method and authorize the Company to charge it for the amounts due. Payment information may be shared with third-party service providers solely for purposes of processing your payment.

If you believe a payment has been processed in error, you must notify the Company in writing within thirty (30) days of the charge; otherwise, the payment will be deemed final and accepted.

All fees are exclusive of applicable taxes, levies, or duties, and you are solely responsible for the payment of any such amounts, except for taxes based on the Company’s net income.

9.2 Subscription Services (Future Offerings)

The Company reserves the right, at its sole discretion, to introduce subscription offerings in the future. If subscriptions are introduced, they may be subject to additional or supplemental terms and conditions, which will be provided to you at the time of enrollment.

You will not be automatically enrolled in any subscription plan. Enrollment in any subscription must be initiated by you through explicit application or consent, and any recurring billing will begin only once you have agreed to the applicable subscription terms.

Unless otherwise specified in an order form or the applicable supplemental terms, subscription fees during any renewal term will be updated to the pricing set forth on the Company’s website or in written communications to you at the time the renewal term begins. Prices are subject to change.

10. Ownership of Data

10.1 Your Data

“Your Data” means any data, information, or material provided, submitted, or made available by you or your Affiliates to the Company Properties and Services, including End User Data and Cardholder Data, but excluding Aggregated Data. As between you and the Company, you own all right, title, and interest in Your Data.

You grant to the Company a nonexclusive, worldwide, assignable, sublicensable, fully paid-up, royalty-free license to use, copy, distribute, display, perform, publish, prepare derivative works of, and otherwise use Your Data solely for providing, improving, and developing the Services. You represent and warrant that you have the necessary rights to grant this license and that use of Your Data does not violate any laws or third-party rights.

Your data is subject to our Privacy Policy.

10.2 Our Data

All right, title, and interest in data independently collected by the Company without reference to Your Data (“Our Data”), including data about End Users through Company Properties, belongs solely to the Company.

11. Warranties and General Disclaimer

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE COMPANY MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, AND SPECIFICALLY DISCLAIMS ALL IMPLIED WARRANTIES, INCLUDING WITHOUT LIMITATION ANY WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSE WITH RESPECT TO THE SERVICES.

The Company does not warrant that your use of the Services will be secure, timely, error-free, or uninterrupted, or that the Services will meet your requirements. All Services are provided “AS IS” and “AS AVAILABLE.”

All disclaimers apply equally to the Company, its affiliates, officers, employees, agents, contractors, licensors, suppliers, and representatives.

12. Medical Disclaimer

The content provided on the Company’s properties, services, videos, documents, sheets, and any related materials (including but not limited to text, graphics, images, and other media) is for educational and informational purposes only. It does not constitute medical advice, diagnosis, or treatment. Accessing, viewing, or using this content does not create a therapist–client, doctor–patient, or healthcare provider–patient relationship.

Always seek the advice of a qualified physician or other licensed healthcare professional with any questions you may have regarding a medical condition, and before beginning any exercise, wellness, or health program. Do not disregard, delay, or replace professional medical advice or treatment based on this content.

The information presented is based on the current state of medical research and/or the experience of the presenter. However, medical knowledge evolves, and the content may not be completely up to date, comprehensive, or applicable to your individual situation. It is your responsibility to consult with your healthcare provider before making medical decisions or taking action based on the information provided.

Neither the Company, its representatives, nor any presenters make any representations or warranties regarding the accuracy, completeness, timeliness, or suitability of the content. The Company and its affiliates are not liable for any errors, omissions, injuries, or outcomes that may result from the use or misuse of this information.

By accessing, downloading, or using this content, you agree to indemnify and hold harmless the Company, its owners, representatives, presenters, and affiliates from any and all claims, damages, liabilities, losses, costs, or expenses (including legal fees) arising out of or in connection with your reliance on, access to, or misuse of the content, and this obligation survives indefinitely.

USE OF THIS CONTENT IS AT YOUR OWN RISK.

13. Indemnity

You agree to defend, indemnify, and hold harmless the Company, its parents, subsidiaries, affiliates, successors, assigns, and each of their respective owners, directors, officers, employees, contractors, representatives, licensors, agents, and service providers (collectively, the “Indemnified Parties”) from and against any and all claims, demands, suits, proceedings, damages, liabilities, losses, costs, judgments, settlements, and expenses of any kind (including, without limitation, reasonable legal and accounting fees) (collectively, “Claims”) arising out of or in any way connected with:

13.1 Your access to, use of, or misuse of the Company Properties or Services;
13.2 Any violation of these Terms and Conditions, Supplemental Terms, or any other applicable policies by You or any person accessing the Company Properties on Your behalf;
13.3 Any breach of any representation, warranty, or covenant made by You to the Company;
13.4 Your violation of any applicable local, provincial, federal, or international law, regulation, or third-party right, including but not limited to intellectual property, privacy, or proprietary rights; and
13.5 Any dispute between You and any third party arising out of or relating to Your use of the Company Properties or Services.

This indemnity shall survive in perpetuity and remain in full force and effect regardless of the termination, expiration, or suspension of these Terms and Conditions or Your use of the Company Properties.

You agree that the Indemnified Parties shall have the sole right and discretion to control the defense, settlement, and resolution of any Claim subject to indemnification hereunder, at Your sole expense, and that You will fully cooperate with the Indemnified Parties in connection therewith.

14. Limitation of Liability

14.1 Exclusion of Damages. You agree that in no event shall the Company or the Indemnified Parties be liable to You or any third party for any indirect, incidental, consequential, special, exemplary, or punitive damages, or for any loss of profits, revenue, goodwill, data, or business opportunities.

14.2 Cap on Liability. Without limiting the foregoing, You agree that the aggregate liability of the Company and the Indemnified Parties shall not exceed the total amount paid by You for the Services during the twelve (12) months preceding the event giving rise to the claim (or, if no fees have been paid, AUD $100).

14.3 Sole Remedy. Your sole and exclusive remedy for any dissatisfaction with the Company Properties or Services is to stop using them.

15. Relationship Between Indemnity and Limitation of Liability

15.1 The indemnity obligations in Section 13 are separate from, and in addition to, the limitations of liability in Section 14.
15.2 The indemnity obligations survive termination indefinitely.
15.3 If a court finds that You are entitled to damages despite these limitations, such damages shall be capped as described in Section 14.2.

16. Testimonials and Reviews

The Company’s websites, services, and other Company Properties may contain testimonials, reviews, or other statements provided by third parties, including customers and users of the Services (collectively, “Testimonials and Reviews”). Testimonials and Reviews reflect the personal opinions, findings, experiences, or views of the individuals who provide them.

You acknowledge and agree that:

16.1 Testimonials are submitted by individuals or entities who are unrelated to the Company.
16.2 The Company does not verify, endorse, or guarantee the accuracy or completeness of such content.
16.3 The Company disclaims all liability for any reliance you place on Testimonials and Reviews.
16.4 Testimonials and Reviews are not intended to guarantee or warrant that you will achieve the same or similar results.

The Company reserves the right, but not the obligation, to monitor, edit, or remove any Testimonials and Reviews it determines, in its sole discretion, may be unlawful, offensive, or misleading.

17. Termination

The Company may terminate or suspend your access to its content or Services at any time. You do not have the right to terminate this Agreement; your only remedy is to cease using the Company Properties and Services. The provisions of this Agreement remain in effect indefinitely after any termination.

18. Dispute Resolution

If you have a dispute with the Company arising out of or relating to this Agreement, you must notify us in writing at [email protected] with a description of the dispute. The Company will have 30 days to attempt to resolve the issue. If unresolved, either party may pursue resolution in the courts of Western Australia.

19. Governing Law and Jurisdiction

This Agreement shall be governed by the laws of Western Australia and Australia where applicable. By using the Company Properties, you attorn to the exclusive jurisdiction of the courts of Western Australia.

20. Entire Agreement

This Agreement, together with any Supplemental Terms incorporated by reference, constitutes the entire agreement between you and the Company regarding the Services.

21. Changes to Terms

We may update these Terms at any time. Continued use of the Company Properties after changes constitutes acceptance of the new Terms.

PRIVACY POLICY

We respect your right to privacy and we understand the inherent privacy risks involved in using the Internet. For this reason, we believe that you have the right to know exactly how we collect and use your Personal Information.

1. Policy
This Policy describes how we manage your Personal Information, in accordance with the Australian Privacy Principles. It applies to all Personal Information that is collected by or on our behalf via or in connection with your use of this Website and the Services.

2. What we collect
We collect and hold Personal Information which enables us to deliver our Website and the Services.

The types of Personal Information that we collect from Users may include:

name and contact details (including your email address);
age, date of birth and gender;
financial data (including billing and payment details, bank account and/or payment card details through our third party payment processor);
health information (usually related to the treatment of urinary issues);
usage technical data (including information that you post, send, receive and share; your login data, interests, preferences, feedback and survey responses; search queries and browsing behaviour; and information you provide when you participate in any interactive features on the Website or when receiving Services);
purchases and orders (including details about payments to you from us and details of Services you have purchased from us).

3. How we collect and hold Personal Information
Ordinarily, if collecting Personal Information about you, we do so directly:

we acquire information directly when you interact with the Website;
we may ask you to complete forms, surveys or questionnaires, and submit additional information to us from time to time.

We collect information to help customise your experience. This involves the use of Cookies, and tracking your activities through your IP address or most-recently-visited URL. This information is usually a combination of Personal Information and non-personally identifiable information.

We may also collect Personal Information about you from third parties if they are permitted to provide us with this information.

When we no longer require your Personal Information for a permitted purpose, we will securely destroy or de-identify your records in accordance with Australian laws.

4. Our Use of Personal Information
Where we hold personal information that was collected for a particular (primary) purpose we will ordinarily use or disclose it only for that purpose and not for any other (secondary) purpose unless you have consented, or we are otherwise permitted or required to do so under the Australian Privacy Principles, the Privacy Act, or another law.

The Personal Information that we collect is used primarily in connection with the delivery of Services and the operation and functionality of the Website, and also for related purposes. For example:

to allow you to successfully make a payment;
to provide you with the best possible service and experience when using our Website;
internal record keeping;
improvement of our Services;
transmission by email of promotional materials that may be of interest to you;
market research that we use to customise or update the Website.

5. Third Party websites and services
We may, from time to time, engage other parties to help us deliver the Website and Services; for example:

payment handling;
delivery of purchased items;
online services such as search engine optimisation; and
advertising and marketing.

Where we share Personal Information with these third parties, we will:

provide them only with such Data as they reasonably require to perform the services for which we engage them; and
work only with third parties based in Australia who commit to comply with the Privacy Act and the Australian Privacy Principles, and only with overseas parties in accordance with clause 9 of this Policy.

We will also disclose your personal information if necessary to comply with a legal obligation and/or if properly directed to do so by an appropriate government, regulatory or statutory body (including a court or tribunal).

We will never sell your personal data to third parties for commercial purposes. We will not disclose your personal information to third parties for marketing purposes without your consent.

6. You grant us access to your Data
Wherever you are required to submit Data, you will be given options to restrict our use of that Data. For example, the use of Data for direct marketing purposes.

You may access certain areas of the Website without providing any Data at all and adjust settings such as those relating to Cookies and privacy. However, to use all Services and Systems available on the Website you will need to grant us access to a minimum level of Data, such as Account information and details relevant to the Services you seek.

7. Accessing Your Personal Information

7.1 Right of Access. You have the right to access the Personal Information that we hold about you. To do so, a formal request can be sent to us at [email protected]. We will always endeavour to meet your request within a reasonable time.

7.2 Self-Service Access (User Accounts).

Thinkific (courses): You may log in to your Thinkific account at any time to view or amend Data that is visible to you (for example, profile details, email address, password, and other account settings, as made available by Thinkific).
Calendly (bookings): You may manage certain booking details via your Calendly confirmation links (for example, rescheduling or cancelling).
Non-modifiable fields: For details that are not able to be user-modified through these platforms, you will need to provide us with the required changes so we can update your records.

7.3 Manual Updates We Can Perform. Where appropriate and lawful, we can manually update your records in Thinkific (e.g., account details editable by the administrator) and Calendly (e.g., booking metadata or notes), upon receiving your written instructions at [email protected].

7.4 Verification. To protect your privacy and security, we may need to verify your identity before granting access, making corrections, or processing your request.

7.5 When Access May Be Refused. In some circumstances, your request for access may be denied—in which case we will give you written reasons. Relevant circumstances could include:

if we no longer hold any personal information about you;
if your request is frivolous or vexatious;
if the information requested relates to existing or anticipated legal proceedings and would not ordinarily be disclosed as part of those proceedings; and
if providing access would be unlawful, or the denying of access is required or allowed by law.

7.6 Fees. We may charge you a reasonable fee for access to some types of information. Charges may include costs associated with document retrieval, photocopying, and delivery. If applicable, we will advise you of any fees in advance.

8. Correcting your Personal Information
It is important that the Personal Information we hold is accurate, up-to-date, and complete.

We will take steps to ensure your Personal Information is correct and up to date by reminding you to contact us if your information has changed; and amending our records when you inform us that your information has changed.

9. Overseas (cross border) disclosure
From time to time we may engage external service providers who are located overseas and/or who store information outside of Australia. For example our data storage providers or web hosts may use servers, systems, and cloud computing facilities located outside of Australia.

Whilst the use of overseas service providers will not always involve a disclosure of Personal Information, by providing us with your Personal Information, you consent to the possibility that it may be shared with overseas service providers and/or stored on overseas servers. We will also send your Personal Information overseas if necessary to comply with a request from you.

Prior to knowingly disclosing or allowing disclosure of Personal Information to overseas recipients, we will:

take reasonable steps to ensure that the recipient does not breach the Australian Privacy Principles; or
seek to establish a reasonable belief that the overseas recipient is subject to protections which, overall, are at least substantially similar to those in the Australian Privacy Principles (and which can be enforced).

We will, where practicable, update this Policy from time to time to list the countries in which any overseas recipients are likely to be located.

Please contact us if you do not want us to disclose your information to overseas recipients.

If in the future our cross-border disclosure practices change, this will occur only in accordance with the requirements of the Privacy Act and the Australian Privacy Principles.

10. Changes to this Policy
We reserve the right to change this Privacy Policy as we may deem necessary from time to time or as may be required by law. Any changes will be immediately posted on the Website and you are deemed to have accepted the terms of the Policy on your first use of the Website following the alterations.

11. Contacting Us
If there are any questions, disputes, or grievances regarding this privacy policy or our handling of Personal Information, you may contact us at [email protected]. We strive to resolve all issues in an appropriate timeframe.

12. Definitions and Interpretation
In this Policy the following terms shall have the following meanings:

"Account" means collectively the Personal Information, payment information and credentials used by Users to access material and/or any communications System on the Website;
“Australian Privacy Principles” or “APPs” means the Australian Privacy Principles under the Privacy Act;
"Cookie" means a small text file placed on your computer, which allows the identification of recurring visitors and analysis of their browsing habits within the Website;
"Data" means collectively all information that you submit to the Website. This includes, but is not limited to, your Personal Information;
“Personal Information” means information or an opinion about an identified individual, as more particularly described in the Privacy Act;
“Privacy Act” means the Privacy Act 1988 (Cth);
"Services" means the online facilities, content, coaching and other services that R.T. Leckie Holdings Pty Ltd makes available through the Website either now or in the future;
"System" means any online communications infrastructure that R.T. Leckie Holdings Pty Ltd makes available through the Website either now or in the future. This includes, but is not limited to, web-based email, message boards, live chat facilities and email links;
"User" means any third party who accesses the Website other than an employee or contractor of R.T. Leckie Holdings Pty Ltd acting in the course of their employment or engagement; and
“We”, “us”, “our” means R.T. Leckie Holdings Pty Ltd ABN 94 677 035 086;
"Website" means https://www.keepgoing.au. It includes any sub-domains of this site (e.g. subdomain.keepgoing.au or keepgoing.au/subdomain) unless expressly excluded by their own terms and conditions.

COPYRIGHT NOTICE

By entering and using this website, You agree to be bound by the Terms and Conditions of Use, as amended from time to time.

This website, the Company Properties (as defined in the Terms and Conditions of Use), and all materials contained herein or otherwise made available by the Company, including but not limited to text, images, graphics, logos, artwork, designs, publications, and all other content (collectively, the “Content”), are the exclusive property of R.T. Leckie Holdings Pty Ltd. The Content is protected by domestic and international copyright, trademark, and other intellectual property laws.

No part of the Content may be copied, reproduced, distributed, transmitted, displayed, published, or otherwise exploited in any form or by any means without the prior written consent of R.T. Leckie Holdings Pty Ltd, except that You may print or download a single copy of materials from the website strictly for Your own personal, non-commercial use, provided You do not modify the materials and You retain all copyright and proprietary notices.

The name R.T. Leckie Holdings Pty Ltd, all variations, associated logos, designs, graphics, and all other intellectual property rights therein are trademarks or registered trademarks of the Company. All rights are reserved.

Access to this website and the Company Properties is provided solely for personal, lawful, and non-commercial use. Any commercial use, redistribution, or exploitation of the Content is strictly prohibited without the express prior written consent of R.T. Leckie Holdings Pty Ltd.

We reserve the right to update, modify, or amend the terms of this Copyright Notice and the Terms and Conditions of Use at any time, without notice. Please check back regularly for updates.

Eric Leckie DPT

TERMS & CONDITIONS, PRIVACY POLICY, & COPYRIGHT NOTICE