1. TERMS OF USE
1.1. Acceptance of Terms
By accessing or using the website located at www.k1n1australia.com.au (the “Site”), you acknowledge that you have read, understood and agree to be bound by these Terms of Use (“Terms”), our Privacy Policy, and any additional terms incorporated herein by reference. If you do not agree to any part of these Terms, you must immediately cease all use of the Site.
1.2. Definitions
- “K1N1”, “we”, “us”, “our”: K1N1 Australia Pty Ltd (ABN 51 682 226 188).
- “User”, “you”, “your”: Any person using or accessing the Site.
- “Content”: Includes, but is not limited to, all text, graphics, images, videos, audio, software, code and data made available on or through the Site.
- “User Content”: Any Content that Users submit or post on the Site (such as reviews, comments, messages).
1.3. Modifications to Terms
We reserve the right to modify, update or replace any part of these Terms at our sole discretion by posting the modified Terms on the Site and updating the “Effective Date”. Your continued use of the Site following any changes confirms your acceptance of the new Terms. We recommend you review these Terms periodically.
1.4. Permitted Use and Licence
Subject to your compliance with these Terms, K1N1 grants you a limited, revocable, non-exclusive, non-transferable licence to access and use the Site and Content for personal, non-commercial purposes only. All rights not expressly granted are reserved by K1N1.
1.5. Prohibited Conduct
You agree not to:
- Use the Site for any unlawful or fraudulent purpose or in violation of any applicable law or regulation.
- Copy, reproduce, distribute, modify, create derivative works, publicly display or otherwise exploit the Site or Content without our prior written consent.
- Interfere with, disrupt or damage the security features of the Site, servers, networks or connected systems.
- Upload or transmit viruses, worms, malware or any other harmful code.
- Harvest or collect personal data of other Users without their consent.
- Impersonate another person or misrepresent your affiliation with any person or entity.
- Frame, mirror, or otherwise incorporate any part of the Site into any other website or service without our express prior written consent.
- Use any robot, spider, scraper, data mining or automated means to access the Site or collect Content.
1.6. User Accounts
When you register for an account on the Site (if applicable), you must provide accurate and complete information. You are responsible for maintaining the confidentiality of your account credentials and for all activities that occur under your account. You agree to notify us immediately if you suspect any unauthorised use.
1.7. User-Generated Content
By posting or submitting User Content on the Site, you grant K1N1 a perpetual, irrevocable, royalty-free, fully paid-up, worldwide, transferable licence to use, reproduce, distribute, adapt, publicly display, and perform your User Content in connection with the operation of the Site and our business. You represent and warrant that you have all necessary rights to grant such licence and that your User Content does not infringe any third-party rights.
1.8. Intellectual Property
All trademarks, service marks, trade names, logos, domain names and other branding displayed on the Site are the property of K1N1 or its licensors. Nothing on the Site grants you any right or licence to use any trademark without our prior written permission.
1.9. Third-Party Content and Links
The Site may contain links to third-party websites, resources, advertisements or services that are not owned or controlled by K1N1. We do not endorse or assume any responsibility for any such third-party content and disclaim all liability arising from your use of it. Your interactions with third parties are solely between you and the third party.
1.10. Termination of Access
We may suspend or terminate your access to the Site or any part thereof at any time, with or without cause or notice. Sections 1.7, 1.9, 1.11, 1.12, 1.13 and any other provisions that by their nature survive termination shall remain in effect.
1.11. Indemnity
You agree to indemnify, defend and hold harmless K1N1, its officers, directors, employees, agents, affiliates and licensors from and against all claims, liabilities, damages, losses, and expenses (including reasonable legal fees) arising from or in any way connected with your violation of these Terms or your use of the Site.
1.12. Disclaimers
The Site and its Content are provided “as is” and “as available,” without any warranties of any kind, express or implied. To the fullest extent permitted by law, K1N1 disclaims all warranties, including implied warranties of merchantability, fitness for a particular purpose, title, non-infringement and any warranties arising from course of performance, course of dealing or usage of trade.
1.13. Limitation of Liability
To the maximum extent permitted by law, in no event shall K1N1, its affiliates or licensors be liable for any indirect, incidental, special, consequential, or punitive damages whatsoever, including loss of profits, data, use, goodwill, or other intangible losses, arising out of or in connection with your use or inability to use the Site, even if advised of the possibility of such damages.
1.14. Force Majeure
K1N1 shall not be liable for any failure or delay in performing its obligations under these Terms where such failure or delay results from events beyond its reasonable control, including acts of God, natural disasters, war, terrorism, strikes, pandemics, government mandates, or internet service failures.
1.15. Governing Law and Jurisdiction
These Terms shall be governed by and construed in accordance with the laws of the State of Victoria and the Commonwealth of Australia. You agree to submit to the exclusive jurisdiction of the courts of Victoria for any dispute arising out of or relating to these Terms or your use of the Site.
2. PRIVACY POLICY
K1N1 Australia Pty Ltd (ABN 51 682 226 188) is committed to protecting the privacy and security of your personal information in accordance with the Privacy Act 1988 (Cth) and the Australian Privacy Principles (APPs), as well as the Health Records Act 2001 (Vic) and the Health Privacy Principles (HPPs).
2.1. Scope and Application
This Privacy Policy applies to personal information collected by K1N1 in the course of providing our services and operating our website, including information obtained offline and via third parties. It covers data from prospective, current and former members, website visitors, clients of allied‑health services, contractors and job applicants.
2.2. Legislative Framework
- Privacy Act 1988 (Cth): Establishes the APPs and Notifiable Data Breaches scheme.
- Health Records Act 2001 (Vic): Governs the handling of health information by private sector organisations in Victoria under HPPs
- Surveillance Devices Act 1999 (Vic): Regulates the use of surveillance devices, including CCTV and biometric systems
2.3. Definitions
- Personal Information: Data or opinion about an identified individual or an individual who is reasonably identifiable.
- Sensitive Information: Personal Information including health data (medical history, conditions, treatments), biometric data (facial templates via Hi‑Connect), racial/ethnic origin, religious beliefs.
- Biometric Data: Unique physiological or behavioural traits used for automated recognition.
2.4. Collection of Personal Information
We collect Personal Information by various means, including:
- Directly from you: When you register, complete forms, make bookings, undergo assessments or correspond with us in person, by phone, email or via our Site.
- Automatically: Through cookies, analytics tools, and our membership systems (GymMaster).
- From third parties: Payment processors (DebitSuccess), allied‑health providers, marketing partners, public records, social media platforms (if you interact with our official pages).
2.5. Types of Information We Collect
| Category | Examples | Purpose |
|---|---|---|
| Identity & Contact | Name, date of birth, postal address, email, phone | Membership administration and communications |
| Biometric Data | Face templates captured by Hi‑Connect | Secure, touch‑free facility access |
| Health & Sensitive | Medical history, injuries, allergies, pregnancy status, fitness metrics (height, weight) | Tailored programming, risk management, emergency care |
| Payment Information | Bank account numbers, card details (via DebitSuccess) | Process membership fees, refunds, direct‑debit mandates |
| Usage & Engagement | Class attendance, session bookings, feedback | Operational analytics, service improvements, personalised recommendations |
| Technical & Analytics | IP address, device type, browser version, cookie identifiers | Website performance monitoring, security, fraud detection |
2.6. Use and Disclosure of Personal Information
Primary Purposes
We use your Personal Information to:
- Register and manage your membership.
- Activate and maintain access via Hi‑Connect and physical security systems.
- Process payments and billing via DebitSuccess.
- Provide fitness, recovery and allied‑health services.
- Communicate important updates, safety alerts and promotions.
- Maintain our legal, insurance and compliance obligations.
Secondary Purposes
With your consent, we may also use your information for:
- Direct marketing (promotional emails, SMS, newsletters).
- Market research, surveys and feedback collection.
- Creating aggregated, anonymised datasets for research and service development.
Disclosure to Third Parties
Your information may be shared with:
- Service providers: Hi‑Connect, DebitSuccess, GymMaster, analytics vendors, marketing agencies.
- Allied‑health professionals: Physiotherapists, dietitians, doctors (with your consent).
- Regulatory bodies: As required by law or court order.
- Emergency services: In case of clinical emergencies or to discharge duty of care.
Overseas Transfers
If we transfer data internationally, we ensure the destination jurisdiction has laws or contractual safeguards comparable to Australian privacy standards (e.g. EU Standard Contractual Clauses).
2.7. Legal Bases for Processing
- Consent: For sensitive and biometric data.
- Contractual necessity: To perform our membership agreement and deliver services.
- Legal obligation: To comply with legislation (eg. taxation, health record retention).
- Legitimate interests: To maintain security, prevent fraud, and improve services, balanced against your privacy rights.
2.8. Security Safeguards
We implement organisational, technical and physical measures including:
- Encryption (AES‑256) of data at rest and TLS 1.2+ in transit.
- Firewalls, intrusion detection systems, malware scanning.
- Two‑factor authentication and role‑based access controls.
- CCTV and secure access in data centres.
- Secure disposal and shredding of paper records and secure wiping of digital media.
2.9. Data Retention & Deletion
We retain Personal Information only as long as necessary:
| Data Type | Retention Period | Deletion Method |
| Biometric templates | Until membership termination or deletion request | Cryptographically secure erase; logging of action |
| Health & Sensitive | Active membership period + 7 years | Secure purge; anonymisation for research |
| Financial & Billing | Minimum 5 years (ATO requirement) | Secure purge; archival records securely destroyed |
| Website analytics | Up to 3 years | Auto‑delete; anonymise logs beyond retention period |
2.10. Notifiable Data Breaches
Under the Notifiable Data Breaches (NDB) scheme, we must notify affected individuals and the Australian Information Commissioner if a breach is likely to cause serious harm. Our response plan includes:
- Containment and mitigation.
- Assessment of breach impact.
- Notification to individuals and regulator within 30 days.
- Post‑incident review and policy updates.
2.11. Your Privacy Rights
You may:
- Access and obtain a copy of your Personal Information (APP 12).
- Request correction of inaccurate or incomplete data (APP 13).
- Request deletion or erasure of data where lawful (“right to be forgotten”).
- Object to or restrict processing for direct marketing or legitimate interests (APP 6).
- Withdraw consent for any consent‑based processing.
- Lodge a privacy complaint with us or the OAIC (www.oaic.gov.au).
Submit requests in writing to:
Privacy Officer
K1N1 Australia Pty Ltd
4–5 Queens Rd, Melbourne VIC 3004
admin@k1n1australia.com.au
We will respond within 30 days, or as required by law.
2.12. Policy Updates
We review this Privacy Policy at least annually. We will post changes here with an updated “Effective Date”. Your continued use after changes indicates acceptance.
3. COOKIE POLICY
3.1. Overview of Cookies and Tracking Technologies
We use cookies, beacons, scripts، and similar technologies to recognise you, analyse usage, and enable site functionality. “Cookies” are small text files stored on your device.
3.2. Categories of Cookies
| Type | Description | Examples |
| Essential | Required for basic Site operation and security | Session IDs، load balancing |
| Performance & Analytics | Collect anonymous data on Site usage and performance | Google Analytics، Meta Pixel |
| Functional | Remember preferences and settings | Language selection، font size |
| Marketing & Targeting | Track browsing across sites to deliver relevant advertising | Facebook Pixel، ad network tags |
3.3. Cookie Duration
- Session Cookies: Deleted when browser is closed.
- Persistent Cookies: Remain until expiry date or deletion.
3.4. Managing Cookies
You can manage or delete cookies via your browser settings. To learn how، visit www.allaboutcookies.org. Disabling cookies may limit some features of our Site.
3.5. Consent Mechanism
Our Site displays a cookie banner on first visit, allowing you to accept all cookies or manage preferences. Your choice is stored in a preference cookie for 12 months.
4. ACCESSIBILITY STATEMENT
4.1. Our Commitment to Accessibility
K1N1 strives to ensure our Site is accessible to all users, including people with disabilities، by conforming to WCAG 2.1 Level AA and relevant Australian standards.
4.2. Standards and Practices
- Alternative Text: Descriptive alt attributes for all meaningful images.
- Keyboard Navigation: All interactive elements accessible via keyboard.
- ARIA Roles: Use of ARIA landmarks for assistive technologies.
- Color Contrast: Contrast ratios meet or exceed 4.5:1 for normal text and 3:1 for large text.
- Resizable Text: Text can be resized up to 200% without assistive technology.
4.3. Accessibility Testing and Review
- Quarterly automated audits (e.g., WAVE, Lighthouse).
- Manual testing by users with disabilities.
- Regular staff updates on accessibility best practices (excluded from this policy).
4.4. Reporting Accessibility Issues
If you encounter any barriers, contact:
Accessibility Coordinator
email: admin@k1n1australia.com.au
phone: 0450 360 617
Please include the URL, description of the issue, and preferred contact method. We aim to respond within 2 business days and resolve within 10 business days.
5. DISCLAIMER & LIMITATION OF LIABILITY
5.1. General Information
All Content on the Site, including text, graphics، images، and other materials, is provided “as is” and “as available” without warranties of any kind. K1N1 disclaims all warranties، express and implied، including merchantability and fitness for a particular purpose.
5.2. Professional Advice Disclaimer
Information on exercise regimens، nutritional guidance، recovery modalities، or allied‑health content is provided for general informational purposes only and does not constitute medical advice. You should consult a qualified health professional before altering your fitness or dietary regimen.
5.3. Third‑Party Disclaimer
Links to third‑party sites or resources are provided for convenience only. K1N1 does not endorse or assume liability for third‑party content، products or services.
5.4. Limitation of Liability
To the fullest extent permitted by applicable law، in no event shall K1N1، its officers، directors، employees، agents، or affiliates be liable for any indirect، incidental، special، consequential، punitive or exemplary damages، including but not limited to loss of profits، data، goodwill، or other intangible losses resulting from your use of or inability to use the Site or Services، even if K1N1 has been advised of the possibility of such damages.
5.5. Exclusions and Mandatory Consumer Guarantees
Some jurisdictions, including Australia، provide statutory consumer guarantees that cannot be excluded. Nothing in these Terms shall exclude or limit your rights under the Australian Consumer Law or other mandatory legal guarantees.
6. COPYRIGHT & INTELLECTUAL PROPERTY NOTICE
6.1. Ownership of Content
All content on the Site—including text, graphics, logos, button icons, images, audio clips, video clips, digital downloads, data compilations, software code and the compilation thereof—is the exclusive property of K1N1 or its licensors and is protected by Australian and international copyright, trademark, and other intellectual property laws.
6.2. Definitions
- Copyright: The legal right granted to the creator of original works of authorship (literary, musical, artistic, software, etc.).
- Trademark: A sign capable of distinguishing the goods or services of one enterprise from those of others (e.g., K1N1 word and logo marks).
- Design Rights: Rights in the visual design of objects that are not purely utilitarian.
- Moral Rights: Personal rights of authors including attribution and integrity of their work.
- Domain Names & Meta-Data: Internet addresses and underlying code are also protected.
6.3. Permitted Uses
You may:
- View, download, and cache pages or portions of the Site for your personal, non-commercial use;
- Print hard copies solely for personal study or reference.
All other uses—including reproduction, distribution, republication, display, performance, modification, creation of derivative works, or exploitation for any commercial purpose—are strictly prohibited without our prior written consent.
6.4. User-Generated Content & Licensing
By submitting or posting User Content (e.g., reviews, testimonials, forum posts), you grant K1N1 a non-exclusive, perpetual, irrevocable, royalty-free, worldwide license to use, reproduce, modify, adapt, publish, translate, distribute, and display such content in any media. You waive any moral rights in such content to the fullest extent permitted by law.
6.5. Infringement Notices & Takedown Procedure
If you believe any material on the Site infringes your intellectual property rights, please provide a written notice containing:
- Your full name, address, telephone number, and email;
- Identification of the copyrighted work you claim has been infringed, with evidence of your ownership;
- Identification of the infringing material, including its location on the Site (URLs);
- A statement under penalty of perjury that the information in your notice is accurate and that you are the rights holder or authorised agent;
- Your signature (electronic or physical).
Send notices to:
Copyright Agent
admin@k1n1australia.com.au
Upon receipt, we will promptly remove or disable access to the identified material and notify the submitter of the removal.
6.6. Trademarks & Brand Assets
All trademarks, service marks, trade dress, product names and logos displayed on the Site (e.g., K1N1, 24:7 GYM logotype) are registered or unregistered trademarks of K1N1 Australia Pty Ltd. Nothing contained on the Site shall be construed as granting any license or right to use any mark without prior written permission.
6.7. Software & Code
Any software or code provided for download via the Site is licensed, not sold. Your use of such code is governed by the license terms accompanying the code. Absent explicit license terms, we grant you a revocable, non-exclusive license to use the code solely in connection with your use of the Site.
6.8. Domain Name Policy
Our domain names (including any subdomains) are our intellectual property. Attempts to register confusingly similar domain names may result in legal action under the Australian Domain Name Dispute Resolution Policy (ADRP).
6.9. Moral Rights
To the extent that any works on this Site are protected by moral rights, K1N1 asserts its right not to be subject to derogatory treatment of those works.
6.10. Enforcement & Remedies
We vigorously enforce our intellectual property rights. Remedies for infringement include injunctions, damages, account of profits, and costs. You agree that any breach of these provisions will cause irreparable harm for which monetary damages may be insufficient, entitling us to seek injunctive relief.
6.11. Duration of Rights
Copyright protection generally endures for the life of the author plus 70 years. Trademark rights may be renewed indefinitely by compliance with registration renewal requirements. Design rights typically last up to 10 years from registration in Australia.
6.12. Governing Law & Jurisdiction
Any disputes concerning intellectual property shall be governed by the laws of Victoria and the Commonwealth of Australia and subject to the exclusive jurisdiction of Victorian courts.
7. SITEMAP
For ease of navigation, here is a directory of our principal public pages:
- Home (/home)
- About (/about)
- Memberships (/memberships)
- Classes & Schedule (/classes)
- Recovery & Facilities (/recovery)
- Blog (/blog)
- Contact (/contact)
- Terms of Use (/terms)
- Privacy Policy (/privacy)
- Cookie Policy (/cookies)
- Accessibility Statement (/accessibility)
- Disclaimer & Limitation of Liability (/disclaimer)
- Copyright & IP Notice (/copyright)