Privacy policy
Effective from 24 Apr 2026
1. Introduction
Welcome to Top Care Plus. To ensure that Top Care Plus is able to provide a safe and comfortable environment for all members and staff, please assist us by complying with the following conditions. We advise you to only sign and acknowledge this Agreement if you understand and agree to abide with these conditions. The information outlined in these terms and conditions can and will be used in the event of a discrepancy.
1. By signing the Agreement, you acknowledge and agree:
You have been given a copy of this Agreement and agree to abide by your obligations in it;
You are medically sound to undertake a normal course of exercise, you use the Club facilities at your sole risk and responsibility, and you are aware that exercise is physically demanding and participation in some activities offered by Top Care Plus may pose a risk to your health; and
This Agreement also relates to your authority to any Third-Party Payment Provider nominated by Top Care Plus from time to time to direct debit your nominated bank account or credit card for any instalments or fees due under the terms of the nominated Third Party Payment Provider’s Direct Debit Request and Service Agreement provided to you.
1. Definitions
Top Care Plus, We, Us, Our - TOP CARE PLUS PTY LTD ABN number 23 673 522 186, 176 5 Somerset Street, Wantirna South VIC 3152
You Your, Client - You, Your, Client refers to the name in which Our service has been provided to which at times may differ to the party paying, and includes the parent or guardian of the Client if the Client is under 18 years.
Our Services - Small group Clinical Pilates classes (maximum 3 participants)
Initial assessments and physiotherapy-informed programs (where applicable)
One-on-one sessions (where applicable)
Agreement
This is the Agreement between Top Care Plus and You, under which you will become a Client of Top Care Plus.
2. General Conditions of Entry
1. To assist us in maintaining a safe and comfortable environment for all members and staff, you are required to abide by the following conditions. Failure to abide by these conditions may result in the suspension or termination of Our Services.
2. ENTRY: Entry will be refused or you may be requested to leave the Top Care Plus if:
· you are using abusive or threatening language or behaving in a threatening way; or
· you are under the influence of drugs or alcohol; or you instruct other Clients when Top Care Plus has not authorised you to do so; or
· you behave in another way that is considered by Top Care Plus to be risky or seriously inappropriate.
3. NON-SMOKING: We are non-smoking facilities. The smoking of cigarettes or electronic cigarettes (e-cigarettes or vapes) is strictly prohibited.
4. SUITABLE CLOTHES: All members and guests must wear suitable clothes and sports shoes in any exercise areas. We do not allow clothes with offensive images or inappropriate advertising.
5. CAMERA USE: You must not use cameras in our Clubs without our permission. Taking photos or videos of other members without their consent is a breach of our terms and conditions.
6. PARKING: You park Our car park or on the premises at your own risk. To the extent permitted by law, we are not liable for any loss or damage to your vehicle or its contents.
7. ADDITIONAL CLASSES: These services are available for an additional fee. Please contact your Us for more information. Our staff within Top Care Plus may be contractors, franchisees or employees.
3. Use of Equipment
1. You are required to return equipment to their original state when you have finished, including:
· Return weights and bars to their rack.
· Unload plates from machines and bars.
· Return equipment to its storage location in group fitness classes.
· For the safety of you and others, please follow all equipment operating and safety instructions on the equipment.
· If you are not sure of correct use or operation of equipment please seek assistance from a team member.
2. Where functional training zones are available please seek assistance from a personal trainer if you are unfamiliar with the equipment or its safe and appropriate use.
4. Valuables & Lost Property
To the extent permitted by law, our employees or contractors are not responsible for any loss of, or damage to, personal property from the Premises. We also recommend that you keep all valuables with you.
We are unable to look after your personal possessions (keys and wallets for example) whilst you are at Top Care Plus.
Any items remaining or items that have been handed into Reception will be held for two weeks and otherwise disposed of at the discretion of Us.
5. Legal Responsibility
Your responsibilities, include payment of fees and or invoices when they fall due.
You must tell us about anything that affects your financial situation, and any changes to your contact information and bank details.
You must inform us in advance and in writing if there are any risks to your health if you participate in fitness services and if required seek approval from your Doctor or General Practitioner.
6. Undertaking as to your health
1. You promise to:
· make sure that you know how to exercise safely, by asking if necessary;
· use your best endeavours to exercise safely; and
· not take valuables into Top Care Plus, even if you plan to put them in a locker.
7. Damage and Personal Injury
1. To the extent permitted by law, Top Care Plus excludes any liability to the member in Agreement, tort, statute or in any other way for any injury, damage or loss of any kind whatsoever (including, without limitation, any liability for direct, indirect, special or consequential loss or damage), sustained by the member and/or any other person, or for any costs, charges or expenses incurred by the member, arising from or in connection with this
2. Agreement and/or the services/products provided by Top Care Plus, and/or any act or omission of Top Care Plus.
8. Outside Providers
3. Contractors, tenants and franchisees provide some services to Us, such as personal training, physiotherapy and Pilates (Outside Providers).
Claiming against Outside Providers
Any service provided by an Outside Provider is a contract between the Outside Provider and you and we to the extent permissible by law, we do not accept any responsibility for a breach of contract or negligence.
If you make a claim because of something an Outside Provider has or has not done, your claim should be brought against the Outside Provider, not us, whether you have paid them or not. To the extent permissible by law you release us from any claim resulting from an act or omission by an Outside Provider.
Asking for our help
Wherever we can, we will help you to resolve issues with Outside Providers. We will also make sure that personal trainers in our Clubs have up-to-date qualifications and insurance. We only allow personal trainers from the Club franchise to work in our Clubs.
9. NDIS Services/Third-Party Funding
1. Top Care Plus may provide services to participants of the National Disability Insurance Scheme (“NDIS”) in accordance with NDIS guidelines and pricing arrangements.
2. NDIS participants must:
a. Provide a valid NDIS plan;
b. Ensure sufficient funding is available prior to booking; and
c. Provide accurate participant and plan manager details
3. NDIS sessions are subject to the NDIS Short Notice Cancellation Policy, including:
a. Sessions cancelled within 2 clear business days may be fully chargeable; and
b. No-shows may be claimed in accordance with NDIS rules.
4. Top Care Plus may submit claims via the NDIS portal (for agency-managed participants)
5. For plan-managed or self-managed participants, invoices must be paid within 7 days.
6. Medicare EPC/CDM
Eligibility & Referral Requirements
Clients attending under a Medicare Enhanced Primary Care (EPC) or Chronic Disease Management (CDM) plan must provide:
A valid GP Management Plan (GPMP) and/or Team Care Arrangement (TCA); and
A current referral from their General Practitioner prior to the initial consultation.
Medicare rebates
Medicare rebates are processed in accordance with current Medicare Guidelines and rebate schedules. Clients acknowledge that:
Medicare rebates do not necessarily cover the full consultation fee;
Any gap payment remains the responsibility of the client unless otherwise advised in writing;
Rebate amounts are determined solely by Medicare and may change without notice.
Claiming Process
Where available, Top Care Plus may submit Medicare claims on behalf of the client via electronic claiming facilities. Clients acknowledge that:
1. Successful rebate processing is subject to Medicare system approval;
2. Delays or rejected claims by Medicare remain the responsibility of the client;
3. Clients may be required to provide accurate Medicare and banking details.
Attendance & Non-Attendance
a. Medicare rebates are only claimable for attended consultations. Cancellation fees, non-attendance fees, late cancellations, reports, or administrative services are not claimable through Medicare and must be paid privately by the client.
Expired or Invalid Referrals
a. If a referral expires, is incomplete, or is deemed invalid by Medicare, the client accepts full responsibility for payment of consultation fees.
Limits on Rebated Sessions
b. Clients acknowledge that EPC/CDM plans are subject to annual limits determined by Medicare and/or the referring GP. It is the client’s responsibility to monitor the number of remaining sessions available under their plan.
7. Private Health Fund Claims
Clients using private health insurance benefits acknowledge that rebates are subject to:
· Individual fund policies;
· Extras cover eligibility;
· Annual limits;
· Waiting periods; and
· Fund-specific claiming rules.
Outstanding Balances
a. Any amount not covered by the private health insurer remains payable by the client at the time of consultation unless otherwise agreed in writing.
On-the-Spot Claiming
a. Where HICAPS or electronic claiming facilities are available, Top Care Plus may process claims directly with the client’s private health insurer. Clients acknowledge that:
· Claim approvals are determined solely by the health insurer;
· Technical issues or claim rejections may require the client to pay the full fee upfront and seek reimbursement independently.
Health Fund Eligibility
a. Clients are responsible for confirming their level of cover, eligibility for rebates, and available limits with their insurer prior to attending appointments.
Non-Claimable Services
a. Certain services, products, reports, classes, memberships, cancellation fees, or administrative fees may not be claimable through private health insurance. Any non-claimable amount remains the client’s responsibility.
Incorrect Claiming Information
Clients warrant that all health fund details provided are accurate and current. Top Care Plus accepts no liability for rejected claims arising from inaccurate or outdated information supplied by the client.
10. Overdue Fees (including NDIS)
1. If there are repeated failures to meet your payment obligations (other than through the fault of Top Care Plus or its payment provider), without prejudicing Top Care Plus’s rights to recover any overdue payments, Top Care Plus will refuse your entry by written notice to you. All entitlements and entry may be revoked if your account is in arrears and you fail to resolve the debt after being provided reasonable notice.
2. If your automatic direct debit reverses or is returned to us by your financial institution the following process will apply:
a. We will attempt to contact you about retrying the debit.
b. If the debit remains outstanding it will be processed within 14 days of the reversal with any late fees that apply.
c. If you fail to pay us the fees by the due date, we are entitled to refuse you entry to the Club.
d. If unpaid fees remain outstanding and after attempts by us to rectify the arrears, those fees may be forwarded to a collection agency for further action, and you authorise Top Care Plus to charge you for those services.
3. Clients who are eligible for third party funding (EPC/ Insurance) are wholly responsible for understanding their eligibility and entitlements and paying any gaps and fees at the time of service.
4. Rebates are subject to the policies by the relevant provider.
11. Debt Collection
1. If paying by Direct Debit, upon default by you in regard to any obligation under this Agreement and failure to remedy the default after notification by Top Care Plus: you authorise Top Care Plus to notify any third-party debt collector of the default.
12. Cancellation / Termination
1. A cancellation request should be provided to the in writing to reception@topcareplus.com.au OR alternatively, contact the clinic during business hours on 03 8612 1622.
13. GENERAL INFORMATION
You will read and follow all safety instructions displayed on equipment and throughout Top Care Plus.
Do not bring valuables into Top Care Plus.
We will take no responsibility for lost or stolen items.
14. Additional Safety Measures
1. Your safety and the safety of other members and our staff is of utmost importance to us and we may, from time to time, introduce reasonable health and safety measures (including for example temperature checks prior to accessing our facilities in response to COVID-19) to ensure your safety and safety of other Clients and our staff. If we make any reasonable health and safety measures a condition of entry and you refuse to comply with these measures, you may not be permitted to enter the premises at our discretion unless a medical exemption applies (and we are provided with appropriate supporting documents).
15. Bookings
1. We offer exclusive classes and services that require booking due to limited availability. Bookings can be made via Top Care Plus website or application up to fourteen days in advance. Bookings are limited to one booking at any time. You can cancel your booking online up to 12 hours prior. If you book but do not attend the session, you will be notified by email and charged for a no-show fee of $15 for members or $20. Entry after the session has started maybe refused by Staff.
16. Schedule Changes
1. Top Care Plus reserves the right to:
a. Modify class schedules
b. Substitute instructors
c. Cancel classes where necessary
2. Clients will be notified of any significant changes as soon as possible.
3. To the extent permitted by law, Top Care Plus shall not be liable and indemnified from any indirect or consequential loss or Loss arising from missed sessions or scheduling changes
17. Privacy Policy
1. Your “personal information” (as that term is defined in the Privacy Act 1988 (Cth)) will only be used by the Top Care Plus in accordance with the provision of the Privacy Statements.
18. Marketing Permission
1. We sometimes film or photograph the Club so it is possible you will appear in the background. By signing your Agreement, you allow us to use your image in promotional and other business-related material.
2. Top Care Plus will use the contact details you have provided above to contact you about your membership. Top Care Plus, related companies and companies we engage to perform services on our behalf, may also contact you from time to time both during and after your membership with information about fitness and wellness, promotions, special offers and other materials about Top Care Plus and related companies' service and products. Top Care Plus will not provide your personal information or contact details to unrelated third parties. Depending on your preferences, you may be contacted in the following ways: mobile, email and/or SMS. You can change your mind at any time about receiving marketing materials by contacting reception.
R. Entire Agreement
1. This Agreement, its Annexures and any Terms & Conditions listed on the website or Application constitutes the entire agreement, understanding and arrangement (express and implied) between the Client and Top Care Plus relating to the subject matter of this Agreement and supersedes and cancels any previous agreement, understanding and arrangement relating thereto whether written or oral.