Terms & Conditions

Website T&Cs

Please take a moment to read these terms and conditions. By using our website and accessing the services and information we provide, you’re agreeing to them. If you choose to make a purchase through our website, additional terms and conditions will apply. You’ll be guided to review these before completing your purchase.

We have taken proper care and precautions to ensure that the information we provide on this Website is accurate.  However, we cannot guarantee, nor do we accept any legal liability arising from or connected to, the accuracy, reliability, currency or completeness of anything contained on this Website or on any linked site.

The information contained on this website should not take the place of professional advice.

The website is made available for your use on your acceptance and compliance with these terms and conditions. By using this website, you are agreeing to these terms and conditions.

You agree that you will use this website in accordance with all applicable local, state, national and international laws, rules and regulations.

You agree that you will not use, nor will you allow or authorise any third party to use, the website for any purpose that is unlawful, defamatory, harassing, abusive, fraudulent or obscene way or in any other inappropriate way or in a way which conflicts with the website or the Services.

If you contribute to our forum (if any) or make any public comments on this website which are, in our opinion, unlawful, defamatory, harassing, abusive, fraudulent or obscene or in any other way inappropriate or which conflict with the website or the Services offered, then we may at our discretion, refuse to publish such comments and/or remove them from the website.

We reserve the right to refuse or terminate service to anyone at any time without notice or reason

You are responsible for maintaining the confidentiality of your passwords and login details and for all activities carried out under your password and login.

If you need assistance resetting a password on a system managed by us, please reach out to our customer service team.

You agree to indemnify Clublinks and Bundha Sports Centre and hold us harmless from and against any and all liabilities or expenses arising from or in any way related to your use of this Website or the Services or information offered on this Website, including any liability or expense arising from all claims, losses, damages (actual and consequential), suits, judgements, litigation costs and solicitors fees of every kind and nature incurred by you or any third parties through you.

We hold the copyright to the content of this Website, including all uploaded files, layout design, data, graphics, articles, file content, codes, news, tutorials, videos, reviews, forum posts and databases contained on the Website or in connection with the Services. You must not use or replicate our copyright material other than as permitted by law. Specifically, you must not use or replicate our copyright material for commercial purposes unless expressly agreed to by Us, in which case we may require you to sign a License Agreement.

This Website may contain links that direct you outside of this Website. These links are provided for your convenience and are not an express or implied indication that we endorse or approve of the linked Website, it’s contents or any associated website, product or service. We accept no liability for loss or damage arising out of or in connection to your use of these sites.

You may link to our articles or home page. However, you should not provide a link which suggests any association, approval or endorsement on our part in respect to your website, unless we have expressly agreed in writing. We may withdraw our consent to you linking to our site at any time by notice to you.

Use of information you have provided us with, or that we have collected and retained relating to your use of the Website and/or our Services, is governed by our Privacy Policy. By using this Website and the Services associated with this Website, you are agreeing to the Privacy Policy. View the Bundha Sports Centre Privacy Policy here.

All personal information you give us will be dealt with in a confidential manner in accordance with our Privacy Policy. However, due to circumstances outside of our control, we cannot guarantee that all aspects of your use of this Website will be confidential due to the potential ability of third parties to intercept and access such information.

These terms and conditions are governed by and construed in accordance with the laws of Victoria, Australia. Any disputes concerning this website are to be resolved by the courts having jurisdiction in Victoria.

We retain the right to bring proceedings against you for breach of these Terms and Conditions, in your country of residence or any other appropriate country or jurisdiction.

Membership T&Cs

The agreement between you and us.

These Terms & Conditions, together with the Group Fitness Booking Rules, Conditions of Entry, and Direct Debit Service Agreement and the ACL Exclusion Notice govern conditions of entry and participation within the Bundha Sports Centre (“Bundha”) or (“BSC”), operated by Clublinks Management Pty Ltd or any other entity nominated by the Department of Jobs, Skills, Industry and Regions as the operator of Bundha Sports Centre from time to time (“Clublinks”) on behalf of the Department of Jobs, Skills, Industry and Regions.

It is important that you have read and understood all the terms and conditions before agreeing to this Agreement. Clublinks, on behalf of the Department of Jobs, Skills, Industry and Regions, reserves the right to amend these terms and conditions as needed in accordance with paragraph 29. Clublinks, on behalf of the Department of Jobs, Skills, Industry and Regions, also retains absolute discretion to reject entry or participation at Bunda Sports Centre for any person that does not adhere to these terms and conditions, Conditions of Entry and the Group Fitness Booking Rules.

THIS AGREEMENT IS SUBJECT TO A 7 DAY COOLING OFF PERIOD

The organisation providing the service for which you are paying is Clublinks. The “Member” or “you” means the person accepting or signing this Agreement.  It is important that you understand that by signing or accepting this Agreement, you agree to these terms and conditions.

Monday to Friday: 6:00am to 11:00pm

Saturday: 6:00am to 8:00pm

Sunday: 8:00am to 8:00pm

 

Or as otherwise notified by Clublinks. Public Holiday hours may vary.

 

Opening hours and Bundha access may vary due to public holidays and operational circumstances. Updates will be communicated promptly via the contact details you’ve provided in your Membership Application or through regular social media channels.

Adult Memberships (Ages 16+)

  • Adult memberships are available from the age of 16.
  • Membership applications may be subject to a health pre-screening process, and applicants may be required to provide medical clearance if deemed necessary by Clublinks.

 

Active Adult Memberships (Ages 60+)

  • Active Adult memberships are exclusively available to individuals aged 60 years and older. Applicants must provide proof of age to qualify for the Active Adult membership.

 

Active Teen Memberships (Ages 12–15)

  • Active Teen memberships are exclusively available to individuals aged 12–15 years and are subject to the following terms and conditions:

 

Active Teen Sign-Up Requirements

  • A parent or guardian must be present to sign up for an Active Teen membership. Active Teen memberships can only be signed up for in-centre.

 

Active Teen Access Hours

  • Gym supervised access hours are:
    • Monday to Friday: 6:00am to 8:00pm
    • Saturday and Sunday: 8:00am to 8:00pm
  • Hours on public holidays may vary and will be notified by Clublinks.
  • Active Teen members must exit the Gym areas at the conclusion of the supervision period. Entry will not be permitted if arriving within 15 minutes or less of the supervision period ending.

 

Active Teen Parental Administration

  • Memberships for Active Teens will be administered under the name of the nominated parent/guardian until the member turns 18.

 

Active Teen Induction Requirements

  • Active Teens must attend a gym safety induction session (“Active Teen Induction”) prior to their first visit as a member. A parent/guardian is required to attend the induction session for members aged 12–15.

Upon your membership application being accepted by Clublinks, you are a member of Bundha under the type of membership (“Membership Type”) stated in your Membership Application Form. From the Membership Start Date, your membership entitles you to:

  • maintain a membership account;
  • book and attend group fitness classes or club visits with Bundha, in accordance with visitation limits on your membership or as otherwise advised by Clublinks; and
  • use the facilities available at Bundha, in accordance with your Membership Type.

Your membership will start on the Membership Start Date set out on your Membership Application Form (“Membership Start Date”). You will be able attend Bundha Sports Centre/and or bookings in accordance with your membership type from your Membership Start Date.

Commitment Period

Your Commitment Period includes an Initial Commitment Period of 28 days from the Membership Start Date (“Initial Commitment Period”). You are committed to the minimum initial period of membership from your Membership Start Date as set out in your Membership Application (“Commitment”).

On completion of your Initial Commitment Period, your membership will automatically renew ongoing, and be debited in accordance with paragraph 10.2 – “Membership Dues” unless your membership is terminated in accordance with paragraph 16 – “Cancellation of Membership”.

Memberships are valid for one person only, multiple people cannot share one membership.

You may notify Clublinks that you wish to cancel your membership by completing a cancellation form provided by Clublinks within 7 days starting on the date you agree to this Agreement (“Cooling Off Period”). If you do so, Clublinks will refund your Total Upfront Payment and any Membership Dues which you have paid for. If you have used your membership during the Cooling Off Period, Clublinks will refund those amounts set out above, less a Guest Fee of $5 for each visit, and the fees of any personal training, wristband fees, or other Bundha services you have received.

Bundha Sports Centre offers flexible freeze options to support your health and lifestyle needs. Please review the following conditions carefully:

General Freeze Conditions

  • All memberships are eligible for unlimited freeze periods at a cost of $2.50 per week.
  • Freezes must be requested in blocks of at least one week.
  • All freeze requests must include a defined start and end date. We are unable to process open-ended freezes.

 

How to Request a Freeze

  • Logging in to your client portal and setting up a freeze
  • Notify us of your request in writing or by contacting a member of our Customer Service team

 

Medical Suspensions

  • In the event of injury or incapacity, a medical suspension may be applied at no cost to the member, for a maximum of 3 months. A valid medical certificate is required to process medical suspensions. Bundha Sports Centre (operated by Clublinks) reserves the right to reject any medical suspensions if deemed necessary.

 

Conditions of Freezing your Membership

  • You cannot access the facility or services while your membership is frozen.
  • Freeze requests will not be processed if your account has a negative balance.
  • Freeze requests cannot be applied retroactively.
  • For Paid in Advance (Fixed Term) memberships:
    • Freeze fees must be paid upfront for the entire requested period.
    • The membership end date will be extended by the freeze duration.

Joining Fee

A joining fee applies to all membership types and will be collected upon joining or added to your first direct debit payment (“Joining Fee”).

For returning members wishing to rejoin, a Joining Fee will not be collected within 28-days from the original cancel effective date.

 

Membership Dues

As a member of Bundha Sports Centre, you are personally responsible for the payment of your Membership Dues, Joining Fee, and any other ongoing charges outlined in your Membership Application, as they fall due.

Your Membership Dues are payable for the full duration of your Initial Commitment Period at the rate specified in your Membership Application. If your first fortnightly period includes a partial billing cycle, your Membership Dues for that period will be calculated on a pro rata basis, according to the number of days remaining in that fortnight.

Membership Dues vary depending on your Membership Type, and you must pay the applicable rate for your type at the relevant time. All payments must be made in advance via direct debit or periodic credit card authority under your Payrix DDR Service Agreement. No other payment methods are accepted.

  • Direct debits are processed on a fortnightly cycle and occur on Thursdays.

 

The Direct Debit Service Agreement is separate from these terms and conditions. If a direct debit payment is declined, you must pay any outstanding balance upon your next visit. Any unpaid amount remaining on your next scheduled direct debit date will be automatically deducted from your nominated account.

Access to Bundha will be restricted if your Membership Dues remain unpaid. ClubLinks will recover any outstanding amounts and any associated late payment charges through your Payrix DDR Service Agreement (if applicable). If you have a genuine dispute regarding the collection of outstanding amounts or related charges, please contact a member of the ClubLinks Customer Service team.

You are responsible for ensuring that your nominated payment account contains sufficient funds to cover scheduled debit payments.

If a payment attempt fails—whether due to insufficient funds or another rejection reason—a Failed Transaction Fee of $10 will be charged to your membership account. Your financial institution may also charge you a fee and/or interest.

Transaction fees apply to all payments made via bank account, credit card, or debit card. These fees are subject to change.

Please refer to the current fee schedule for the most up-to-date information.

Your Membership Dues are fixed for the Initial Commitment Period as per paragraph 9 – “How long will your membership last”. Upon the expiry of the Initial Commitment Period your Membership Dues may be varied or updated to the Membership Dues then applicable at that time.

This may result in an increase to your Membership Dues after the Initial Commitment Period. Clublinks will give you at least 28 days’ notice of any change and the date from which the change will apply by emailing you at the email address you provided in your Membership Application. After the Initial Commitment Period, if you do not wish to accept an increase in your Membership Dues you may terminate your membership in accordance with paragraph 16 – Cancellation of Membership. If you do not terminate your membership, you will be required to pay any revised Membership Dues from the date from which the change becomes effective and your direct debit payments or credit card payments will be amended accordingly and you authorise that any debits from your nominated account to also be varied. All Membership Dues include goods and services tax (GST). Clublinks reserves the right to change your Membership Dues in line with any government GST or similar taxes.

Any fees or charges that may be payable for additional services and facilities, such as Late cancellation/Missed class Fees, Suspension Fees, Guest Fees, Replacement Membership Wrist Band/Fob Fees, and Retail fees will be set out in Bundha price list (and may be amended by us from time to time) and available at reception. Such fees:

  • may be added to your direct debit payment; and
  • you consent to and authorise such fees being added to your direct debit payment.

Upgraded or downgraded memberships will not go into effect until the beginning of the next business day. Access will remain the same during the transition period.

To access Bundha’s services and facilities, you must hold a valid membership wristband or fob.

  • A wristband or fob will be issued to you free of charge on your first visit, upon presentation of a valid form of photo identification. If you do not have photo ID, a profile photo will be taken at Reception to verify your identity and link to your membership account.
  • Replacement wristbands or fobs can be reassigned at Reception for a fee of $10 per band.

 

Your wristband or fob is unique to you and non-transferable. It must not be shared or lent to friends, family members, or any other person. Misuse or misappropriation of your wristband or fob may result in denied access to Bundha and/or termination of your membership, in accordance with Clause 13 – Suspension or Termination by Clublinks.

To support security, identity verification, and fair use of Bundha’s facilities, all members are required to provide or take a profile photo upon joining.

This photo will be linked to your membership account and used to confirm your identity upon entry and during use of Bundha’s services. It helps ensure that:

  • Only the registered member is accessing the facilities.
  • Membership benefits are not misused or transferred.
  • Staff can quickly and accurately verify members in case of emergencies, disputes, or operational checks.

 

Your photo will be stored securely in accordance with Clublinks’ Privacy Policy and the Privacy and Data Protection Act 2014 (Vic). It will not be shared with third parties except where required by law or for the operational delivery of Bundha Sports Centre by Clublinks.

Clublinks is committed to maintaining high-quality facilities at Bundha Sports Centre.

From time to time, we may need to temporarily adjust the availability of certain areas or services. These adjustments may occur for reasons including, but not limited to:

  • Scheduled or unscheduled cleaning
  • Repairs, upgrades, or maintenance
  • Improvement works to enhance member experience
  • Special functions, events, or community bookings
  • Public holidays or seasonal closures

 

We aim to minimise disruption and will communicate any significant changes in advance where possible. Your safety, comfort, and access to well-maintained facilities remain our priority.

For detailed information regarding class bookings, cancellations, and studio guidelines, please refer to the Group Fitness Guidelines.

Check-In Procedures:

To ensure your attendance is recorded and avoid any missed class penalties, you must check in with your instructor upon arrival.

  1. Proceed to your class studio or area upon arrival.
  2. Check in with your instructor to confirm your attendance. Take this opportunity to inform them of any special requirements or injuries so they can best support you during the class.

Cancelling a Class Booking

Class bookings can be cancelled online, in person, or over the phone/email up to 15 minutes prior to class commencement.

Cancellation Fees

  • Free Cancellation: Cancel at least 1 hour before the class starts to avoid fees.
  • Late Cancellation: A $5 fee applies for cancellations made within 1 hour of class commencement.
  • Missed Classes: A $5 fee applies if you do not attend a booked class.
  • Extenuating Circumstances: If unforeseen events prevent attendance, contact our Customer Service Team to discuss. Fees may be waived at our discretion.

Bundha classes are highly popular, and each spot is valuable to our customers. Late cancellations or missed classes can prevent other customers from having a fair chance to plan and attend.

To support everyone’s opportunity to participate, please cancel any bookings you cannot attend at least one hour before the class starts. This ensures your spot can be filled by another member and helps you avoid a penalty fee.

Memberships will end on the Wednesday before the next direct debit date following a cancellation request, except for Fixed Term-Based Memberships. All memberships are subject to the following conditions:

A 28-day minimum commitment period applies to all memberships. Cancellations requested during this period will take effect at the end of the commitment period.

Your membership will remain active until the Wednesday before the next direct debit date or the end of the 28-day commitment period, whichever applies.

Payment of any past-due balance is required before a cancellation request can be actioned.

To initiate a cancellation request, you may:

  • Visit in person and complete a Cancellation Form with a member of our Member Services team; or
  • Submit your cancellation request by completing the appropriate cancellation form online.


Upon receipt of your cancellation form, a member of our customer service team will contact you to confirm the details of your cancellation, including the final membership access date.

For Term-Based Memberships, cancellations or changes to membership validity are subject to the specific terms outlined in your agreement.

Clublinks may terminate or suspend your membership by emailing or writing to you at the contact addresses Clublinks have on our records:

  1. If you commit a serious or repeated breach of these terms and conditions and / or Conditions of Entry/Use.
  2. If you otherwise breach this Agreement, the Conditions of Entry/Use and the breach, if capable of remedy, is not remedied within 14 days of Clublinks giving you notice to do so and informing you that your membership will be terminated if you fail to do so.
  3. If any part of your Membership Dues remains unpaid 28 days after falling due.
  4. If you provide Clublinks with details which Clublinks know to be false when applying for membership and these false details may have affected Clublinks reasonable decision to grant you membership.
  5. If you engage in inappropriate behaviour which is deemed by management of Clublinks likely to lead to injury, harassment or embarrassment to any member or employee of Clublinks or the Department of Jobs, Skills, Industry and Regions, or damage to any equipment or building belonging to Clublinks or the Department of Jobs, Skills, Industry and Regions.

If Clublinks terminate your membership for any of the above mentioned reasons Clublinks may (without limiting any other right or remedy) recover any other reasonable costs and expenses Clublinks incur as a result of your breach and to collect the full amount of Membership Dues for the remainder of the then current fortnightly billing period any arrears.

Clublinks will collect any Membership Dues and fees that are outstanding when your membership is terminated. Clublinks may use a third party to assist in the collection of outstanding fees.

Clublinks will collect any Membership Dues and fees that are outstanding when your membership is terminated. Clublinks may use a third party to assist in the collection of outstanding fees.

As part of your membership, you receive complimentary access to Bundha’s lockers on a first come, first served basis.

  • Members may use one (1) locker at a time.
  • Lockers are subject to the posted time limit. The locker reservation will expire after this time.
  • Management reserves the right to remove belongings from any locker left past the posted time limit. Items will be held at reception for a limited period before being disposed of or donated.

 

Customers are advised not to leave valuables in lockers. You check your belongings at your own risk, as Clublinks is not responsible for any lost or stolen items.

Lost items discovered in lockers or around the Bundha premises will be placed in our lost and found. All items in the lost property will be kept for a maximum of 7 days before being donated or disposed of. Patrons must provide detailed descriptions of lost items to facilitate identification. BSC reserves the right to request proof of ownership before returning any lost items.

Bundha Sports Centre premises have CCTV security cameras recording 24-hours a day (except bathrooms) and may have remote video guarding services.  This system is used for security purposes but does not guarantee against harm. You should contact Clublinks if you have questions on this.

Parking is available in the surrounding streets adjacent to Bundha Sports Centre; however, all parking spaces are subject to availability and cannot be guaranteed at any time. The venue also benefits from excellent access to public transport services, supporting sustainable and active travel options.

Plans are underway for the construction of a car park within the median strip of Alexander Parade, which if approved, will provide approximately 80 parking spaces for centre visitors.

All parking zones and limits are enforced by the relevant local authority, and failure to comply with posted signage and regulations may result in fines or penalties.

Provision of services provided by Clublinks may change and for the purposes of this Contract is based on “entitlement” to use and not on actual use. By agreeing to this Agreement, you are agreeing to be bound by the rules and conditions of Clublinks. The management at Bundha Sports Centre reserve the right to cancel the rights of any member not complying with the conditions of membership or rules of Clublinks at any time.

Change of management, location or ownership or the name of Clublinks does not absolve you of your responsibilities under the terms and conditions of this Agreement.

To ensure a safe and respectful environment for all patrons, the following policies apply:

  • Smoking of any kind—including cigarettes, e-cigarettes, and vaping devices—is strictly prohibited within Bundha Sports Centre and its surrounding grounds.
  • The consumption of alcohol or attendance while under the influence is not permitted. Breaches may result in membership cancellation.
  • The use, possession, or distribution of any drugs—including illegal substances and performance-enhancing drugs—is strictly prohibited. By entering the facility, you confirm your commitment to uphold this policy.

You acknowledge that engaging in any commercial or business activities at BSC, such as offering training services or selling goods is prohibited unless Clublinks grant you written permission to do so.  If Clublinks do give you written permission, Clublinks can revoke this at any time.

This Contract constitutes the entire agreement, understanding and arrangement (express and implied) between you and Clublinks relating to the subject matter of this Agreement and supersedes and cancels any previous agreement, understanding and arrangement relating thereto whether written or oral.

Clublinks is not responsible for lost or stolen items or damage to property or vehicles. Acknowledging this risk, you agree to use Bundha Sports Centre at your own risk in accordance with the Conditions of Entry.

Under the Australian Consumer Law in the Competition and Consumer Act 2010 (Cth) (ACL), Clublinks guarantees that the services Clublinks supply:

  • are provided with due care and skill;
  • are reasonably fit for any purpose you have told Clublinks you are using the services for or told Clublinks you wish to achieve; and / or
  • are supplied in a reasonable time.

Under certain legislative provisions, however, Clublinks can ask you to accept some limitations to the ACL guarantees.

You agree, to the extent allowed by section 139A of the Competition and Consumer Act 2010 (Cth), to exclude or modify Clublink’s liability to you for death or injury from Clublinks failure to comply with ACL guarantees.  This exclusion does not apply if your death or injury is caused by Clublinks “reckless conduct” (as defined in the CCA).

State based notices. Victoria Only.

The ACL Exclusion Notice “Warning Under the ACL and Fair Trading Act 2012” applies if attached to this Agreement and signed by you.

Nothing in this Agreement excludes, restricts or modifies any terms, conditions, warranties, guarantees, rights or remedies which cannot lawfully be excluded, restricted or modified.  Otherwise, unless expressly included in this Agreement, all implied terms, conditions, warranties, guarantees, rights or remedies that can be lawfully excluded are excluded.  In particular, but subject to above, Clublinks are not liable for death or injury caused by our negligence or breach of implied terms that services will be provided with reasonable care and skill at common law.  This does not exclude Clublinks liability for reckless conduct.

Clublinks may sometimes make changes to this Agreement, the Conditions of Entry and / or Group Fitness Booking Rules at any time.  If Clublinks does this, Clublinks will try to do this fairly and by giving you a chance to cancel you membership if you are adversely affected by the change and do not agree to it.

Clublinks will make reasonable efforts to tell you of any change in advance and when it will take effect.  Subject to other terms and conditions, the effective date will generally be at least 14 days from the date Clublinks tell you about the change unless it is not practical for us to tell you at this time.  Your membership will be amended from the effective date.

You cannot cancel under this clause if Clublinks have to make the change to comply with a law or a direction of a relevant authority.

From when you apply for membership, you will need to provide Clublinks with, and Clublinks will have access to personal information about you, including information relating to your health and finances.  Your personal information may be transferred to amongst other persons, the Department of Jobs, Skills, Industry and Regions and any other person from time to time who is engaged to manage and operate Bundha.

Clublinks from time to time will send you news and information regarding Bundha. You can unsubscribe at any time using the link at the bottom of Clublinks emails or by contacting Clublinks. Clublinks will only keep on file personal information that is needed to provide the requested updates or service to you. You may request to see your personal information held on file by Clublinks will not sell or give your personal information to any third parties without your express consent, unless Clublinks must do so to provide the requested service or as required by law. The data provided may be provided to Department of Jobs, Skills, Industry and Regions or any other person from time to time who is engaged to manage and operate Bundha Sports Centre. If you do not wish to receive these updates, you may unsubscribe at any time. This data will not be used for any marketing or communication purposes not directly related to this event, and will be used in accordance with the Privacy and Data Protection Act 2014 (Vic)

If a court decides that any part of this Agreement is or becomes illegal, void or unenforceable, that part is deleted and this does not invalidate the rest of this Agreement.

If Clublinks do not enforce our rights under this Agreement at any time, it does not mean that Clublinks may not do so in the future.

WARNING UNDER THE AUSTRALIAN CONSUMER LAW AND FAIR TRADING ACT 2012

SUPPLIER: CLUBLINKS MANAGEMENT PTY LTD

Under the Australian Consumer Law (Victoria), several statutory guarantees apply to the supply of certain goods and services.  These guarantees means that the supplier named on this form is required to ensure that the recreational services it supplies to you:

  • are rendered with due care and skill; and
  • 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.

 

Under section 22 of the Australian Consumer Law and Fair Trading Act 2012, the supplier is entitled to ask you to agree that these statutory guarantees do not apply to you.  If you sign this form, you will be agreeing that your rights to sue the supplier under the Australian Consumer Law and Fair Trading Act 2012 if you are killed or injured because the services provided were not in accordance with these guarantees, are excluded, restricted or modified in the way set out in this form.

NOTE: The change to your rights, as set out in this form, does not apply if your death or injury is due to gross negligence on the supplier’s part.  “Gross negligence”, in relation to an act or omission, means doing the act or omitting to an act with reckless disregard, with or without consciousness, for the consequences of the act or omission.  See regulation 5 of the Australian Consumer Law and Fair Trading Regulations 2012 and section 22(3)(b) of the Australian Consumer Law and Fair Trading Act 2012.

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