ACTIV8 HEALTH CLUB
Activ8 Health Club, as trustee for the Trustee for Carruthers Family Trust, trading as "Activ8 Health Club"
ABN 63 452 340 736Website: https://activ8.clubEmail: info@activ8.clubPrivacy contact: info@activ8.clubJurisdiction: New South Wales, Australia
Last updated: October 2026
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PART A — TERMS AND CONDITIONS
1. Definitions and Interpretation
1.1 Definitions
In these Terms and Conditions, unless the context requires otherwise:
"Activ8", "we", "us" or "our" means Activ8 Health Club as trustee for the Trustee for Carruthers Family Trust trading as Activ8 Health Club.
"Client", "Guest", "Member", "you" or "your" means any person who accesses, purchases, receives or uses our services, facilities, programs, products or allied-health services.
"Confidential Information" means information that is confidential by its nature or that we reasonably consider confidential, including personal information, health information, business information, financial information, treatment information, clinical records, communications, intellectual property and information relating to our customers, suppliers, employees, contractors and business operations.
"Health Information" has the meaning given to that term under applicable privacy legislation and includes information or an opinion about an individual's physical or mental health, disability, injury, health services provided or to be provided, and other information collected in connection with the provision of a health service.
"Personal Information" has the meaning given to that term under the Privacy Act 1988 (Cth) and applicable NSW privacy legislation.
"Privacy Laws" means all applicable privacy and health-information legislation, regulations, principles, codes and legally binding requirements, including the Privacy Act 1988 (Cth), the Australian Privacy Principles, the Health Records and Information Privacy Act 2002 (NSW) and the NSW Health Privacy Principles, as amended from time to time.
"AI System" means any artificial intelligence, machine-learning, generative AI, automated decision-making, natural-language processing, speech recognition, transcription, virtual assistant, chatbot or similar technology.
"Automated Technology" includes AI Systems, automated communications, algorithms, rules-based systems, analytics systems and other technologies that process information or perform tasks with limited or no direct human intervention.
"Services" means any service provided by Activ8, including membership services, exercise programs, exercise physiology, physiotherapy, podiatry, chiropractic services, dietetics, remedial massage, wellbeing and support services, classes, rehabilitation services, telehealth, health-related education and any other services offered by Activ8 from time to time.
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2. Acceptance of Terms
2.1
By accessing our premises, website, application, systems or services, creating an account, purchasing a membership, booking an appointment or otherwise engaging with Activ8, you agree to be bound by these Terms and Conditions and our Privacy Policy.
2.2If you do not agree with these Terms and Conditions or our Privacy Policy, you should not use our services, except to the extent that use is required or permitted by law.
2.3Different services may be subject to additional terms, consent forms, clinical documentation, membership conditions or service-specific agreements. Those additional terms form part of your agreement with Activ8 to the extent applicable.
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3. Provision of Services
3.1
Activ8 may provide a range of health, wellbeing, rehabilitation, fitness, membership and allied-health services.
3.2
Services are provided by appropriately qualified practitioners and other personnel within the scope of their qualifications, registration, professional standards and applicable legislation.
3.3
Where a service constitutes a health service, clinical decisions remain the responsibility of the relevant qualified health professional.
3.4Information provided through our website, application, communications, educational materials, automated systems or AI Systems is not a substitute for individualised professional assessment or clinical advice unless expressly provided by an appropriately qualified practitioner as part of a professional service.
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4. Artificial Intelligence and Automated Technology
4.1 Use of AI
Activ8 may use AI Systems and other Automated Technology from time to time as part of the operation, administration and development of our business and services.
Our use of AI may change as technology develops.
AI Systems may be used for purposes including:
* customer service and enquiries;
* telephone and virtual reception services;
* appointment and booking assistance;
* appointment reminders and communications;
* transcription and summarisation of communications where appropriate;
* administrative and operational support;
* preparing, formatting or improving documents and communications;
* assisting with internal workflows and business processes;
* analysing business and service information;
* quality improvement and service development;
* marketing and communications;
* website and digital experiences;
* educational and informational content;
* translation and accessibility services;
* data analysis and reporting;
* identifying operational trends;
* assisting staff and practitioners with administrative tasks; and
* other purposes reasonably necessary for the operation and development of Activ8.
4.2 Health and sensitive information
Where an AI System is proposed to process Personal Information, Health Information or other Sensitive Information, Activ8 will take reasonable steps to ensure that the proposed use is lawful, appropriate for the purpose, proportionate to the information involved and subject to appropriate privacy and security safeguards.
Health Information will receive additional protection because it is Sensitive Information under applicable privacy laws.
4.3 No unrestricted use of client information
Activ8 does not authorise employees, contractors, practitioners or other representatives to enter identifiable client Personal Information, Health Information, clinical records, photographs, documents or other Sensitive Information into publicly available or consumer AI systems unless that use has been specifically authorised by Activ8 and assessed as appropriate and lawful.
4.4 Human oversight
AI Systems may assist our team but do not replace professional judgement.
Where AI is used in connection with a health service, clinical assessment, exercise prescription, treatment, rehabilitation, diagnosis, referral or other professional service, appropriately qualified personnel remain responsible for reviewing and applying relevant information.
AI-generated information may contain errors, omissions or inaccuracies. Activ8 will take reasonable steps to identify and address such issues where the information is used in connection with our services.
4.5 AI-generated communications
From time to time, communications sent to you may be prepared, personalised, translated, summarised or otherwise assisted by AI or automated technology.
Where you interact directly with an AI-powered customer-facing system, Activ8 will take reasonable steps to make this clear to you.
4.6 AI service providers
We may use third-party technology providers that provide AI or Automated Technology services.
Where Personal Information is provided to such providers, we will take reasonable steps to ensure that the provider is subject to appropriate privacy, confidentiality and security obligations and that information is handled consistently with applicable Privacy Laws.
Some service providers may process or store information outside Australia.
4.7 AI training
Unless otherwise permitted or required by law, Activ8 will not knowingly provide identifiable client Health Information to a third-party AI provider for the purpose of training that provider's general-purpose AI model.
Where a third-party provider may use information for model training, product improvement or similar purposes, Activ8 will consider the applicable privacy requirements, the nature of the information involved, the provider's contractual terms and the appropriateness of the proposed use before proceeding.
4.8 Automated decision-making
Activ8 may use automated systems to assist with administrative, operational, communications, marketing, security or service-related processes.
We do not intend to use AI or automated systems as the sole basis for decisions relating to diagnosis, treatment, clinical care or other professional health decisions.
Where Activ8 uses automated decision-making in a way that could significantly affect an individual's rights or interests, we will comply with applicable legal requirements, including any transparency, explanation, review or other requirements applying under Privacy Laws.
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5. Confidentiality
Activ8 will take reasonable steps to protect Confidential Information from unauthorised access, use, disclosure, alteration or loss.
Our employees, practitioners, contractors, technology providers and other representatives may only access Confidential Information where reasonably necessary for their role or for the provision, administration or support of our services, subject to applicable legal and contractual obligations.
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6. Intellectual Property
All intellectual property owned or developed by Activ8, including branding, logos, systems, programs, written materials, educational content, processes, software, documents and other materials, remains the property of Activ8 or its relevant third-party owner unless otherwise agreed in writing.
You must not reproduce, modify, distribute, sell or commercially exploit Activ8 intellectual property without our prior written consent.
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7. Payment and Fees
Fees, membership charges, appointment fees and other charges are payable in accordance with the applicable membership agreement, booking terms, quotation, invoice or other service-specific terms provided to you.
All prices are in Australian dollars unless otherwise stated.
GST will be applied where required by law.
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8. Cancellations and TerminationCancellation, suspension and termination conditions may vary depending upon the relevant membership or service.
Activ8 may suspend or terminate access to services where:
* fees remain unpaid;
* there is a serious or persistent breach of these Terms;
* there is inappropriate, threatening, abusive or unlawful behaviour;
* continued access creates a reasonable risk to staff, practitioners, guests or other persons; or
* otherwise permitted by law.
Termination does not affect rights or obligations accrued before termination.
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9. Privacy
Activ8's handling of Personal Information and Health Information is governed by the Privacy Policy in Part B of this document.
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10. General
10.1
These Terms are governed by the laws of New South Wales, Australia.
10.2
The courts of New South Wales have jurisdiction in relation to disputes arising under these Terms, subject to any rights that cannot lawfully be excluded.
10.3
If any provision is invalid or unenforceable, that provision will be read down or severed to the extent necessary, and the remaining provisions will continue to operate.
10.4
Activ8 may update these Terms from time to time to reflect changes to our services, technology, business practices or applicable law.
Where required by law, we will provide appropriate notice of material changes.
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PART B — PRIVACY POLICY
11. Privacy Policy
Activ8 Health Club, as trustee for the Trustee for Carruthers Family Trust trading as "Activ8 Health Club" (ABN 63 452 340 736), is committed to protecting the privacy and security of Personal Information and Health Information entrusted to us.
This Privacy Policy explains how we collect, hold, use, disclose and protect information about individuals who interact with Activ8.
It applies to information collected through our premises, website, mobile applications, online portals, booking systems, membership systems, allied-health services, telehealth services, telephone communications, email, social media, marketing activities and other interactions with Activ8.
We seek to manage Personal Information in accordance with applicable Privacy Laws, including the Privacy Act 1988 (Cth), the Australian Privacy Principles and the Health Records and Information Privacy Act 2002 (NSW) and applicable NSW Health Privacy Principles.
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12. What is Personal Information?
Personal Information is information or an opinion about an identified individual or a reasonably identifiable individual.
Depending on your relationship with Activ8, information we collect may include:
* name;
* date of birth;
* residential and postal address;
* telephone and mobile numbers;
* email address;
* emergency contact information;
* membership information;
* billing and payment information;
* Medicare, DVA, NDIS, WorkCover, CTP or other funding information where relevant;
* appointment and booking information;
* photographs or video recordings;
* communications with Activ8;
* website and application usage information;
* IP address and device information;
* preferences and interests;
* feedback, reviews and survey responses;
* information provided through forms or questionnaires; and
* other information reasonably necessary to provide our services and operate our business.
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13. Health and Sensitive Information
Because Activ8 provides allied-health and health-related services, we may collect Health Information.
Health Information may include:
* medical history;
* health conditions;
* injuries;
* disabilities;
* symptoms;
* medications;
* treatment information;
* exercise and rehabilitation information;
* physical assessment information;
* clinical notes;
* functional information;
* health goals;
* information about services provided or proposed to be provided;
* information contained in referrals or reports; and
* other information necessary to provide health services.
Health Information is Sensitive Information and is subject to additional privacy protections.
Where required by law, we will obtain appropriate consent before collecting, using or disclosing Sensitive Information.
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14. How We Collect Information
We may collect Personal Information directly from you when you:
* create an account;
* become a member;
* book or attend an appointment;
* participate in an assessment or consultation;
* use our website or application;
* complete a form;
* contact us by telephone, email, SMS or other communication method;
* provide information during a consultation;
* complete a survey or feedback form;
* purchase products or services;
* participate in a competition or promotion;
* communicate with our team;
* interact with our automated or AI-powered services; or
* otherwise provide information to us.
We may also collect information from third parties where permitted or authorised by law, including:
* referring health professionals;
* support coordinators;
* carers or authorised representatives;
* employers;
* insurers;
* government agencies;
* Medicare, DVA, NDIS, WorkCover or CTP-related organisations;
* other health professionals involved in your care;
* service providers;
* payment providers; and
* other organisations where you have authorised the disclosure or where otherwise permitted or required by law.
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15. Why We Collect Personal Information
We may collect and use Personal Information for purposes including:
* providing health, rehabilitation, wellbeing and membership services;
* assessing and responding to enquiries;
* arranging appointments;
* managing memberships;
* providing clinical and allied-health services;
* maintaining clinical and administrative records;
* coordinating care with other health professionals where appropriate;
* processing payments and claims;
* managing Medicare, DVA, NDIS, WorkCover and CTP requirements;
* communicating with you about your appointments and services;
* providing appointment reminders;
* providing educational information;
* improving our services;
* conducting quality assurance and service improvement;
* managing safety and security;
* preventing fraud or misuse;
* operating our business;
* managing our website, applications and technology;
* conducting research where appropriately authorised;
* marketing and communicating with you about Activ8 services where permitted;
* analysing business and service performance;
* developing new services;
* using AI and Automated Technology for the purposes described in this Privacy Policy; and
* complying with legal and regulatory obligations.
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16. Use of Artificial Intelligence
Activ8 may use AI Systems and Automated Technology as part of our current and future business operations.
We may use these technologies for administrative, operational, customer service, communication, marketing, transcription, summarisation, analytics, workflow, accessibility and service-improvement purposes.
Examples may include:
* AI-assisted telephone answering;
* virtual reception;
* website chat or customer-service assistants;
* appointment assistance;
* transcription or summarisation of communications;
* administrative documentation;
* drafting or personalising communications;
* translation;
* internal data analysis;
* business reporting;
* service and quality improvement;
* marketing automation;
* content generation;
* workflow automation; and
* other similar technologies developed or adopted in the future.
Where AI is used to process Personal Information, Activ8 will take reasonable steps to ensure that the use complies with applicable Privacy Laws.
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17. AI and Health Information
Activ8 recognises that Health Information requires a higher level of protection.
We will not use AI merely because it is technically possible to do so.
Before using an AI System involving Health Information or other Sensitive Information, we will consider matters including:
* whether the use is reasonably necessary;
* the purpose for which the information was originally collected;
* whether the proposed use is permitted by applicable law;
* whether consent is required;
* the sensitivity and volume of information involved;
* whether the information can be de-identified or minimised;
* where the information will be stored or processed;
* who may access it;
* whether the AI provider may retain or use the information;
* whether the provider may use information to train or improve its models;
* information security;
* accuracy and reliability;
* human oversight;
* potential risks to individuals; and
* whether a less intrusive alternative is reasonably available.
Where required, we will obtain appropriate consent before using Health Information with an AI System.
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18. Human Review of AI Outputs
AI-generated information can be inaccurate, incomplete or misleading.
Activ8 will take reasonable steps to ensure that information used in providing services or making material decisions is appropriately reviewed and verified.
AI does not replace the professional judgement, clinical responsibility or accountability of our qualified health professionals.
You should not rely on an AI-generated response as a diagnosis, treatment recommendation or personalised clinical opinion unless it has been reviewed and provided by an appropriately qualified health professional as part of their professional service.
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19. AI Providers and Third Parties
We may engage third-party technology providers to provide systems that incorporate AI or other automated technologies.
These providers may process Personal Information on our behalf.
Depending on the service, information may be processed or stored in Australia or overseas.
We will take reasonable steps to select providers that provide appropriate privacy, confidentiality and security protections and to ensure that information is handled consistently with applicable legal requirements.
Where a provider's terms, architecture or data practices materially change, we may reassess the appropriateness of continuing to use that service.
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20. AI Training and Model Improvement
Activ8 does not intend to knowingly provide identifiable client Health Information to public or general-purpose AI systems for the purpose of training their models.
Where an AI provider may use Personal Information to train, improve or develop an AI model or service, Activ8 will consider whether that use is permitted under applicable Privacy Laws and whether appropriate consent, contractual protections or other safeguards are required.
Where practicable and appropriate, Activ8 will favour AI services that provide suitable controls over the retention and use of Personal Information.
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21. Automated Decision-Making
Activ8 may use automated systems to assist with administrative, operational, communications, security, marketing or other business processes.
We do not intend for AI or automated technology to independently determine diagnosis, treatment or clinical care.
Where applicable law requires additional transparency about automated decision-making, Activ8 will provide the information required by law, including information about the types of Personal Information used and the types of decisions made by automated systems.
Where an automated system is used in a manner that could significantly affect your rights or interests, we will comply with applicable requirements relating to transparency, review and human oversight.
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22. Disclosure of Personal Information
We may disclose Personal Information where reasonably necessary for the purposes described in this Privacy Policy and where permitted or required by law.
Recipients may include:
* our employees and practitioners;
* allied-health providers;
* contractors and consultants;
* technology and IT providers;
* booking and membership platforms;
* electronic health record and clinical software providers;
* payment providers;
* accounting and financial service providers;
* insurers;
* Medicare, DVA, NDIS, WorkCover and CTP organisations;
* referring health professionals;
* support coordinators or authorised representatives;
* professional advisers;
* legal advisers;
* auditors;
* government and regulatory authorities;
* service providers assisting us with communications and marketing;
* analytics providers;
* AI and Automated Technology providers; and
* other organisations where you have authorised disclosure or where disclosure is otherwise permitted or required by law.
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23. Overseas Disclosure and Storage
Some of our technology, software, cloud storage, AI, communications, analytics and other service providers may operate or store information outside Australia.
Where Personal Information is disclosed overseas, we will take reasonable steps to ensure that applicable privacy obligations are satisfied and that appropriate contractual, technical or organisational safeguards are in place.
The countries in which information may be processed or stored may change as our technology providers and systems change.
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24. Website, Cookies and Analytics
Our website and digital services may use cookies, pixels, analytics tools and similar technologies.
These technologies may collect information such as:
* IP address;
* browser and device information;
* pages visited;
* website interactions;
* referral information;
* approximate location;
* session information; and
* other technical information.
We may use this information to:
* operate and secure our website;
* understand website usage;
* improve user experience;
* analyse marketing performance;
* personalise content;
* measure advertising effectiveness; and
* improve our services.
Third-party providers may independently collect information through these technologies and their own privacy policies may apply.
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25. Marketing
We may use Personal Information to communicate with you about Activ8 products, services, programs, events and offers where permitted by law.
Where required, we will obtain appropriate consent.
You may opt out of marketing communications at any time by using the unsubscribe function provided in the communication or by contacting us.
Opting out of marketing does not affect service-related communications that are reasonably necessary to provide services to you, such as appointment reminders, account information or important operational notices.
We will not use Health Information for direct marketing purposes except where permitted by applicable law and with any consent required by law.
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26. Security
Activ8 takes reasonable steps to protect Personal Information against:
* misuse;
* interference;
* loss;
* unauthorised access;
* modification; and
* unauthorised disclosure.
Security measures may include access controls, passwords, authentication systems, encryption where appropriate, secure technology platforms, staff training, confidentiality obligations, monitoring and other reasonable technical and organisational safeguards.
No electronic system can be guaranteed to be completely secure.
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27. Data Breaches
If Activ8 becomes aware of a suspected or actual data breach, we will assess and respond to the incident in accordance with applicable legal requirements.
Where required under the Notifiable Data Breaches scheme or other applicable legislation, we will notify affected individuals and/or the relevant regulator.
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28. Retention of Information
We retain Personal Information for as long as reasonably necessary for the purposes for which it was collected and to satisfy applicable legal, professional, accounting, insurance and record-keeping obligations.
Health records may be subject to specific retention requirements under applicable NSW legislation and other applicable laws.
When information is no longer required, we will take reasonable steps to securely destroy or de-identify it.
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29. Access to Personal and Health Information
You may request access to Personal Information or Health Information that Activ8 holds about you, subject to applicable legal exceptions.
Requests should be made to:
Privacy OfficerActiv8 Health Club
Email: info@activ8.clubWe will generally respond within a reasonable period and in accordance with applicable privacy legislation.
We may need to verify your identity before providing access.
In some circumstances, access may be refused or limited where permitted or required by law.
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30. Correction of Information
We take reasonable steps to ensure that Personal Information is accurate, complete and up to date.
If you believe information we hold about you is inaccurate, incomplete, misleading or out of date, you may request that it be corrected.
If we disagree with your requested correction, we will provide reasons where required and take any further steps required by applicable law.
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31. Privacy Complaints
If you believe Activ8 has mishandled your Personal Information or Health Information, we encourage you to contact us first so that we can investigate and attempt to resolve your concern.
Complaints should be directed to:
Privacy Officer
Activ8 Health Club
Email: info@activ8.clubWe will investigate complaints in accordance with our obligations under applicable Privacy Laws.
If you are not satisfied with our response, you may be able to contact the relevant privacy regulator, including:
Office of the Australian Information Commissioner (OAIC) for matters within its jurisdiction.
Information and Privacy Commission NSW (IPC NSW) for matters relating to NSW health privacy laws.
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32. Children and Young People
Where we collect information about a child or young person, we will take reasonable steps to ensure that information is handled appropriately having regard to their age, capacity and applicable legal requirements.
Where required, we may seek consent or authorisation from a parent, guardian or other authorised person.
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33. Third-Party Websites and Services
Our website, applications, communications or other services may contain links to third-party websites or services.
Those third parties operate under their own terms and privacy policies.
Activ8 is not responsible for the privacy practices of third-party websites or services that we do not control.
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34. Payments
Payments may be processed by third-party payment providers.
Where payment information is processed by a third-party provider, that provider's privacy policy and terms may also apply.
Activ8 will only retain payment information to the extent reasonably necessary for our business, accounting, billing, legal and operational requirements.
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35. Changes to this Privacy Policy
Technology, our services, business practices and privacy laws may change over time.
We may update this Privacy Policy from time to time to reflect:
* changes to our services;
* changes to our technology;
* new AI or Automated Technology;
* changes to third-party service providers;
* changes to data handling practices;
* changes to applicable legislation; or
* regulatory guidance and best practice.
The current version will be published on our website.
Where required by law, we will provide additional notice or obtain consent for material changes.
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36. Contact Us
For questions about this Privacy Policy, Personal Information, Health Information, AI use or privacy concerns, contact:
Activ8 Health ClubPrivacy OfficerEmail: info@activ8.clubWebsite: https://activ8.club__________________________________________________________________________________________________________________________________________________
Important external privacy resources
Further information about Australian privacy requirements is available from:
Office of the Australian Information Commissioner:
https://www.oaic.gov.auInformation and Privacy Commission NSW:
https://www.ipc.nsw.gov.au__________________________________________________________________________________________________________________________________________________
End of Terms and Conditions and Privacy Policy 
