Website Terms and Conditions

Terms

In these terms and conditions (“Terms“):

ACL” means Australian Consumer Law Schedule of the Competition and Consumer Act 2010 (C’th), the Australian Consumer Law and Fair Trading Act 2012 (Vic) and the Australian Consumer Law and Fair Trading Regulations 2012 (Vic);

Advertisement” means a listing or advertisement on the Website;

GST” has the meaning given to that term in the A New Tax (Goods and Services Tax) Act 1999 (Cth);

Intellectual Property” means copyright, all rights conferred under statute, common law or equity in relation to inventions (including patents), registered and unregistered trade marks, registered and unregistered designs, look and feel, circuit layouts and all other rights resulting from intellectual activity in, but not limited to, the industrial, scientific, literary or artistic fields;

Privacy Law” means the Privacy Act 1988 (Cth) and any rules, guidelines, orders, directions, codes of conduct or other instruments made or issued under it;

Privacy Policy” means Willow Urban Retreat’s Privacy Policy;

User Content” means material (including without limitation text, images, audio material, video material and audio-visual material) that you submit to our Website, for whatever purpose;

WILLOW Urban Retreat“, “us” or “we” means Willow 1203 High St Pty Ltd ACN 602 334 930;

Website” means willowurbanretreat.com.au; and

you” means refers to the user or viewer of our website or the Services.

By continuing to access the Website you are agreeing to the Terms, which together with our Privacy Policy, governs WILLOW Urban Retreat’s relationship with you in relation to the Website. We reserve the right to update, change or replace any part of these Terms at any time on the Website. It is your responsibility to regularly check the Website for changes. If you disagree with any part of these Terms, please do not use the Website.

Intellectual Property

All Intellectual Property on the Website is owned, controlled by, or licensed to WILLOW Urban Retreat. Except for viewing the Intellectual Property for your own personal non-commercial use, WILLOW Urban Retreat does not grant you any rights to use the Website or Intellectual Property for any other purpose unless it expressly consents in writing.

Acceptable Use

You must not use the Website in any way that causes, or may cause, damage to the Website or impairment of the availability or accessibility of the Website; or in any way which is unlawful, illegal, fraudulent or harmful, or in connection with any unlawful, illegal, fraudulent or harmful purpose or activity.

You must not use the Website to copy, store, host, transmit, send, use, publish or distribute any material which consists of (or is linked to) any spyware, computer virus, trojan horse, worm, keystroke logger, rootkit or other malicious computer software.

You must not conduct any systematic or automated data collection activities (including without limitation scraping, data mining, data extraction and data harvesting) on or in relation to the Website without WILLOW Urban Retreat’s express written consent.

You must not use the Website to transmit or send unsolicited commercial communications.

You must not use the Website for any purposes related to marketing without WILLOW Urban Retreat’s express written consent.

Restricted Access

Access to certain areas of the Website is restricted. WILLOW Urban Retreat reserves the right to restrict access to areas of the Website, or the entire Website, at WILLOW Urban Retreat’s discretion.

If WILLOW Urban Retreat provides you with a password to enable you to access restricted areas of the Website or other content or services, you must ensure that the password is kept confidential.

WILLOW Urban Retreat may disable your password in WILLOW Urban Retreat’s sole discretion without notice or explanation.

User Content

You grant to WILLOW Urban Retreat a worldwide, irrevocable, non-exclusive, royalty-free license to use, reproduce, adapt, publish, translate and distribute your User Content in any existing or future media. You also grant to WILLOW Urban Retreat the right to sub-license these rights, and the right to bring an action for infringement of these rights.

User Content must not be illegal or unlawful, must not infringe any third party’s legal rights, and must not be capable of giving rise to legal action whether against you, WILLOW Urban Retreat or a third party (in each case under any applicable law).

You must not submit any User Content to the Website that is or has ever been the subject of any threatened or actual legal proceedings or other similar complaint.

WILLOW Urban Retreat reserves the right to edit or remove any material submitted to the Website, stored on WILLOW Urban Retreat’s servers, or hosted or published upon the Website.

Notwithstanding WILLOW Urban Retreat’s rights under these Terms in relation to User Content, WILLOW Urban Retreat does not undertake to monitor the submission of such content to, or the publication of such content on, the Website.

Warranties

WILLOW Urban Retreat does not represent or warrant that the Website or any content (including an Advertisement) will be available uninterrupted or error free. There will be no reduction in the amount payable for any booking, enrolments as a guest or membership fee nor will WILLOW Urban Retreat be liable to you as a result of access to the Website (in whole or part) being temporarily interrupted from time to time.

Nothing on the Website constitutes, or is meant to constitute, advice of any kind. If you require advice in relation to any matter you should consult an appropriate professional.

Other Parties

You accept that, as a limited liability entity, WILLOW Urban Retreat has an interest in limiting the personal liability of our officers, employees, subsidiaries, sub-contractors or agents. You agree that you will not bring any claim personally against WILLOW Urban Retreat’s officers, employees, subsidiaries, sub-contractors or agents in respect of any losses you suffer in connection with the Website.

Without prejudice to the foregoing paragraph, you agree that the limitations of warranties and liability set out in the Website will protect WILLOW Urban Retreat’s officers, employees, subsidiaries, sub-contractors or agents, as well as WILLOW Urban Retreat.

Breaches of these Terms

Without prejudice to WILLOW Urban Retreat’s other rights under these Terms, if you breach these Terms in any way, WILLOW Urban Retreat may take such action as WILLOW Urban Retreat deems appropriate to deal with the breach, including suspending your access to the Website, prohibiting you from accessing the Website, blocking computers using your IP address from accessing the Website, contacting your internet service provider to request that they block your access to the Website and/or bringing court proceedings against you.

Indemnity

You indemnify WILLOW Urban Retreat and undertake to keep WILLOW Urban Retreat indemnified against any losses, damages, costs, liabilities and expenses (including without limitation legal expenses and any amounts paid by WILLOW Urban Retreat to a third party in settlement of a claim or dispute on the advice of WILLOW Urban Retreat’s legal advisers) incurred or suffered by WILLOW Urban Retreat arising out of any breach by you of any provision of these Terms, or arising out of any claim that you have breached any provision of these Terms.

Assignment

WILLOW Urban Retreat may transfer, sub-contract or otherwise deal with WILLOW Urban Retreat’s rights and/or obligations under these Terms without notifying you or obtaining your consent.

You may not transfer, sub-contract or otherwise deal with your rights and/or obligations under these Terms.

PRIVACY

Willow Urban Retreat will:

  • ensure that our Privacy Policy is accessible on the Website, and that the Privacy Policy complies with the Privacy Law;
  • comply with the provisions of the Privacy Policy, particularly in relation to the collection, retention, and usage of data;
  • comply generally with the provisions of the Privacy Law; and
  • provide any reasonable assistance required by you in relation to any disclosure required by law.

Law and Jurisdiction

These Terms will be governed by and construed according to the law of Victoria, Australia, and any dispute arising out of or in connection with these Terms must be determined in the courts of the State of Victoria, Australia and/or in the Federal Court of Australia sitting in Victoria.

Willow Urban Retreat Terms and Conditions

Terms

In these terms and conditions (“Terms“):

ACL” means Australian Consumer Law Schedule of the Competition and Consumer Act 2010 (C’th), the Australian Consumer Law and Fair Trading Act 2012 (Vic) and the Australian Consumer Law and Fair Trading Regulations 2012 (Vic);

GST” has the meaning given to that term in the A New Tax (Goods and Services Tax) Act 1999 (Cth);

Gross Negligence” has the meaning given in Regulation 5 the Australian Consumer Law and Fair Trading Regulations 2012 (Vic);

Notice” means a notice given to you in accordance with the ACL;

Personal Injury” has the meaning given in section 22(4) of the Australian Consumer Law and Fair Trading Act 2012 (Vic);

Privacy Law” means the Privacy Act 1988 (Cth) and any rules, guidelines, orders, directions, codes of conduct or other instruments made or issued under it;

Privacy Policy” means Willow Urban Retreat’s Privacy Policy;

Retreat Activities” means any activities operated and/or organised by Willow Urban Retreat as part of the Services;

Services” means all goods and services provided to you by Willow Urban Retreat and by its employees, agents, subsidiaries, successors, assigns and sub-contractors, including but not limited to:

  • rebounding;
  • wellness spa treatments;
  • movement or mindfulness class;
  • movement specialist sessions;
  • memberships;
  • wellbeing consultation with Ayurvedic specialist;
  • infrared sauna sessions;
  • skin health assessment & facial;
  • on retreat café & “Willow to Go”; and
  • workshops;

WILLOW Urban Retreat“, “us” or “we” means Willow 1203 High St Pty Ltd ACN 602 334 930;

Willow Property” means all property owned by WILLOW Urban Retreat, including but not limited to, towels provided to you as part of the Services;

Website” means willowurbanretreat.com.au; and

you” means refers to the user or viewer of our website or the Services.

By making a booking, enrolling as a guest or signing a membership form, you immediately agree to be bound by these Terms, which together with our Privacy Policy, governs WILLOW Urban Retreat’s relationship with you in relation to the Services. We reserve the right to update, change or replace any part of these Terms at any time. It is your responsibility to regularly check the Website for changes. If you disagree with any part of these Terms, please do not use the Services.

Access to the Retreat

You must be at least 18 years old to participate in the Retreat Activities unaccompanied.

For students who are over 16 years and under 18 years a signed consent form must be provided from a parent or legal guardian prior to participating in the Retreat Activities unaccompanied.

It is recommended that if you are under 18 years of age that you seek medical advice prior to participating in the Retreat Activities to ensure our Retreat Activities are appropriate for you.

You must ensure you are wearing suitable attire for your classes and that no shoes or glass water bottles are taken into the studio itself.

Any belongings you leave behind will be kept in lost property by us for a maximum of 1 week after which time they will be given to charity.

An additional charge of $150 will be applied to your account if all Willow Property is not returned on your departure from the retreat.

WILLOW Urban Retreat has the right to refuse entry to any of the areas within which it provides the Services at any time.

Use of Retreat Facilities

It is your responsibility to use our equipment and facilities with respect and care. If you are unsure of how to use anything, please let a team member know.

It is our right to remove or replace any equipment.

We reserve the right to close the retreat for periods of refurbishment or holiday periods. If we decide to close the retreat for more than 4 consecutive days, you may request an extension on your membership without penalty.

Lockers are provided for you at our retreat and you agree that you leave your valuables in the lockers at your own risk. Lockers are not to be used to store personal belongings when you are not in the studio. Any lockers that are left locked over night will have all belongings removed.

If you fail to comply with these Terms, we may issue you with a warning that your access will be refused or your membership cancelled, should your conduct which breaches these Terms continue. If you commit an act which is a material breach of these Terms, we reserve the right to immediately refuse access to the Services or cancel your membership.

Our Rights

Retreat Activities may be physically strenuous and you voluntarily participate in them with full knowledge that there is risk of personal injury, property loss or death. You accept that we are not medical practitioners and cannot give you any advice on your medical condition and your ability to participate in the Retreat Activities.

It is your responsibility to:

  • ensure that you have permission from your doctor or treating practitioner to participate in our Retreat Activities;
  • let us know if you have any medical or physical conditions that may affect your participation in the Retreat Activities;
  • let us know if your medical or physical condition changes after making a booking, enrolling in a class or purchasing a membership; and
  • follow all instructions given to you by WILLOW Urban Retreat’s teachers and therapists and you acknowledge that any failure to do so will be at your own risk and may cause injury.

Subject to the provisions of the Notice attached to the Terms, we are in no way liable for any Personal Injury or death resulting from your participation in the Retreat Activities. This does not apply if your death or Personal Injury is due to our Gross Negligence.

Nothing in these Terms is intended to have the effect of contracting out of any applicable provisions of the ACL, except to the extent permitted by the ACL where applicable.

Behaviour

We require that at all times while using our Services, you:

  • are respectful towards other members, guests, our staff and outside providers;
  • do not engage in verbal or physical intimidation, harassment or discrimination.

Breaches of these Terms

Without prejudice to WILLOW Urban Retreat’s other rights under these Terms, if you breach these Terms in any way, WILLOW Urban Retreat may take such action as WILLOW Urban Retreat deems appropriate to deal with the breach, including suspending your access to the Website or the Services, prohibiting you from accessing the Website or the Services, blocking computers using your IP address from accessing the Website, contacting your internet service provider to request that they block your access to the Website and/or bringing court proceedings against you.

Indemnity

You indemnify WILLOW Urban Retreat and undertake to keep WILLOW Urban Retreat indemnified against any losses, damages, costs, liabilities and expenses (including without limitation legal expenses and any amounts paid by WILLOW Urban Retreat to a third party in settlement of a claim or dispute on the advice of WILLOW Urban Retreat’s legal advisers) incurred or suffered by WILLOW Urban Retreat arising out of any breach by you of any provision of these Terms, or arising out of any claim that you have breached any provision of these Terms.

Assignment

WILLOW Urban Retreat may transfer, sub-contract or otherwise deal with WILLOW Urban Retreat’s rights and/or obligations under these Terms without notifying you or obtaining your consent.

You may not transfer, sub-contract or otherwise deal with your rights and/or obligations under these Terms.

Privacy

Willow Urban Retreat will:

  • ensure that our Privacy Policy is accessible on the Website, and that the Privacy Policy complies with the Privacy Law;
  • comply with the provisions of the Privacy Policy, particularly in relation to the collection, retention, and usage of data;
  • comply generally with the provisions of the Privacy Law; and
  • provide any reasonable assistance required by you in relation to any disclosure required by law.

Law and Jurisdiction

These Terms will be governed by and construed according to the law of Victoria, Australia, and any dispute arising out of or in connection with these Terms must be determined in the courts of the State of Victoria, Australia and/or in the Federal Court of Australia sitting in Victoria.

Memberships, Bookings and Payments

Memberships and Passes

Unless otherwise provided in these Terms, passes and memberships may not be shared. Anyone caught sharing memberships will be denied entry and forfeit their pass or membership permanently.

Passes and memberships exclude attendance at special guest teacher’s classes and workshops.

Bookings and Classes

While we endeavour to deliver all our classes on time and as advertised, classes are subject to change or cancellation without notice.

In the event that a class starts late, is changed or is cancelled, Willow Urban Retreat will endeavour to provide a replacement class at an alternative time and date.

Unforeseen problems or unexpected events may occasionally result in Services not being provided.
Teachers and therapists are subject to change without notice.

Unless otherwise provided in these Terms, please check in at reception 10 minutes before each class.

Bookings can only be made via the Website, “WILLOW Urban Retreat App”, the “MindBody App”, via email at hello@willowurbanretreat.com.au, or at the retreat.

Class Packs

5, 10 and 20 class packs are valid for 6 months after first use only.

Pricing and Payment

Unless otherwise provided in these Terms:

  • All prices are quoted in Australian Dollars ($AUD) and all transactions are processed in Australian Dollars ($AUD).
  • Prices, products and offers include GST.
  • All prices are correct at the time of online publication.
  • Prices are subject to change without notice.
  • All items are promoted in good faith to be available at the time of ordering.
  • Sale items are only available at the lower price during the sale period.
  • Unforeseen supply problems or unexpected demand may occasionally result in stock being unavailable.
  • WILLOW Urban Retreat does not offer refunds, transfers, suspensions or extensions on Services or retail products purchased at WILLOW Urban Retreat for change of mind.
  • WILLOW Urban Retreat reserves the right to pass on the cost of any additional bank fees which may incur from disputed or failed transactions regarding a guests account.
  • Payment needs to be made upon booking. To book into a class you must either have a sufficient number of credits in your account (which will be deducted upon booking) or pay at the time of booking.

Annual Foundation Membership

Annual Foundation Memberships

  • Foundation Memberships are valid for 12 months.
  • Foundation Memberships can be paid in the following ways:
    • full payment upfront ($3,600); or
    • auto debit payments monthly over 12 months (initial payment of $630 and subsequent payments of $270 per month).
  • We guarantee to fix the agreed monthly payment amount for the life of your Foundation Membership, even if the advertised price changes.
  • The terms and conditions of our third-party biller Ezidebit form a binding component of your membership agreement. Those terms and conditions can be found at the following link: Ezidebit Terms and Conditions.
  • Your Foundation Membership includes:
    • Unlimited access to any movement or mindfulness class;
    • One-to-one session with a movement specialist;
    • Wellbeing consultation with Ayurvedic specialist;
    • Infrared sauna sessions (×12);
    • 60 minute skin health assessment & facial – Vital Hydration Facial;
    • 60 minute “Wellness Spa” treatments (×12) – To the value of $150 per treatment;
    • 10% off additional “Wellness Spa” treatments;
    • 10% off on purchases made at the Retreat café & “Willow to Go”;
    • 10% off on workshops;
    • “Welcome Gift Pack”; and
    • “Guest Day Passes” (×2).

Annual Foundation Membership suspension

  • You may suspend your auto debit membership for up to 12 weeks at a time.
  • If you wish to suspend your membership, we require two-weeks’ notice prior to your next billing date and suspension is possible in two week blocks.
  • Requests to suspend auto debit memberships must be made in writing by email to hello@willowurbanretreat.com.au. Requests will not be accepted by any means other than email.

Annual Foundation Membership Cancellations

Please note:

  • We reserve the right to cancel membership if you fail to comply with these Terms.
    If auto debit payments fail for 2 payments or more, WILLOW Urban Retreat may cancel your membership.
  • We require at least 14 business days’ notice for cancellations. Cancellations will not be accepted by any means other than email.
  • All account debts must be settled before cancellation of membership can be finalised, this includes all late cancellation and fees incurred.

Fortnightly Memberships

Fortnightly memberships

  • Fortnightly memberships are for a minimum 6 fortnightly automatic debits of $90.
  • We guarantee to fix the agreed fortnightly payment amount for the life of your agreement, even if the advertised price changes.
  • The terms and conditions of our third-party biller Ezidebit form a binding component of your membership agreement. Those terms and conditions can be found at the following link: Ezidebit Terms and Conditions.

Suspensions of fortnightly memberships

  • If you wish to suspend your membership, we require two weeks’ notice prior to your next billing date and suspension is possible in two week blocks.
  • You may suspend your auto debit membership for up to 12 weeks at a time.
  • Requests to suspend auto debit memberships must be made in writing by emailing to hello@willowurbanretreat.com.au. Requests will not be accepted by any means other than email.

Cancellations of fortnightly memberships

  • If auto debit payments fail for 2 payments or more, WILLOW Urban Retreat may cancel the membership.
  • After the 6 minimum payments, memberships may be cancelled by you in writing by email to hello@willowurbanretreat.com.au.
  • We require at least 14 business days’ notice for cancellations. Cancellations will not be accepted by any means other than email.
  • All account debts must be settled before cancellation of membership can be finalised, this includes all late cancellation and no-show fees incurred.
  • We reserve the right to cancel memberships if you fail to comply with these Terms.

Cancellation Policy: Wellness Spa and Retreat Programs

  • All “Wellness Spa Journey”, “Wellness Spa Treatments” and “Retreat Program” cancellations can only be made by calling retreat reception directly on (03) 9822 8778 (03) 9822 8778 or by email at hello@willowurbanretreat.com.au (if outside retreat hours).
  • All “Wellness Spa Treatments” must be cancelled at least 6 hours prior to an appointment scheduled or a 100% cancellation charge will be incurred.
  • All “Wellness Spa Journeys” and “Retreat Programs” must be cancelled at least 24 hours prior to an appointment scheduled or a 100% cancellation charge will be incurred.
  • If this is your first appointment at the “Wellness Spa” or a “Retreat Program” please arrive at least 30 mins before the scheduled start time of the treatment time booked.
  • For all subsequent visits to the “Wellness Spa” please arrive at least 15 mins before the scheduled start time of the treatment time booked.
  • Any absence will result in forfeiting that appointment. If you do not attend a booked “Wellness Spa” visit or “Retreat Program” that you have booked, you will be charged.

Cancellation Policy: Retreat Classes

Our cancellation policy is in place to ensure everyone has a chance to attend.

Class cancellations can only be made via the “WILLOW Urban Retreat App”, the “MindBody App”; or by email hello@willowurbanretreat.com.au, if outside retreat hours.

Class cancellations can be made up to 2 hours prior to your class start time without penalty.

Guests on unlimited membership who pre-book a class and fail to attend will incur a $10 fee.

Guests using a Drop-In, 5, 10 and 20 “Class Pass” who pre-book a class but fail to attend will forfeit their class.

Guests using a Drop-In, 5, 10 and 20 “Class Pass” who pre-book a class but cancel the booking less than 2 hours prior to the class start time will forfeit their class.

Cancellations must be made in writing by email to hello@willowurbanretreat.com.au. Requests will not be accepted by any means other than email.

Introductory Offer

  • Each new guest is entitled to the “Introductory Offer”.
  • The “Introductory Offer” is valid for 3 weeks from the date of the first class purchased and is only available on your first visit to the retreat.
  • The “Introductory Offer” is available only once and cannot be suspended for any reason.
  • The “Introductory Offer” includes:
    • 1 x 30-minute Infrared Sauna session per person;
    • unlimited group movement and mindfulness classes for 3 weeks from the date of the first class purchased and is only available on your first visit to the retreat; and
    • 1 x “Wellness Tonic” includes a choice of “Elixir” or “Cleansing Shot” beverage.

Rebounding at Willow

Rebounding is a specially-designed activity performed on a trampoline focused on stimulating your metabolism and your lymphatic system through a sequence of low-impact and dynamic exercises. Each class will include cardio, strength and fun; all done to energetic and motivating music.

Footwear

  • For safety reasons and best performance on the trampoline guests are required to wear grip socks
  • Runners or other shoes are not allowed in these classes.
  • You may purchase grip socks at reception for $10.00

Towels

An exercise towel is provided for you to use during class, no need to bring your own.

Benefits

  • Strengthens cardiovascular health
  • Builds lung capacity
  • Burns fat
  • Improves balance
  • Increases energy
  • Improves joint mobility
  • Activates the lymphatic system
  • Assists with flushing out toxins, bacteria and waste

Contraindications

Before signing up to our Rebounding classes it is important to note; Willow Urban Retreat highly discourages the performance of Rebounding classes in the instance of:

  • Pregnancy
  • Previous spinal or disc injury
  • Heart conditions
  • Blood pressure conditions
  • Any other life-threatening conditions

You will follow all instructions given to you by your teacher in class and you acknowledge that any failure to do so will be at your own risk and may cause injury.

THANK YOU AND ENJOY YOUR CLASS!

Workshops

The content of our workshops will vary and may include activities such as:

  • Cooking classes;
  • Movement classes;
  • Meditation programs;
  • Education seminars; and
  • Masterclasses.

 

  • If you cannot attend, you may transfer your workshop ticket into another person’s name by calling or emailing WILLOW Urban Retreat before the start of the workshop. The ticket is transferred subject to these Terms.
  • Payment needs to be made upon booking.
  • Please arrive at least 15 mins before the scheduled start time of the workshop.
  • Any absence will result in forfeiting that visit.

Gift Vouchers

Gift Vouchers can be used for “Wellness Spa Treatments”, “Spa Journeys”, “Retreat Programs”, Workshops and retail products at WILLOW Urban Retreat, but cannot be used for purchases at the Retreat café.

  • Gift Vouchers are not redeemable for cash.
  • Gift Vouchers are valid for 12 months from the date of first use.
  • Gift Vouchers are not transferable.
  • Each Gift Voucher must be redeemed in full on the date that it is first redeemed.
  • We accept no responsibility if a voucher is lost, stolen, destroyed, or used without your permission.
  • Gift Vouchers may only be purchased online at the Website, by calling retreat wellness reception on (03) 9822 8778 (03) 9822 8778 or at the retreat.

Warning under the Australian Consumer Law and Fair Trading Act 2012

Under the Australian Consumer Law (Victoria), several statutory guarantees apply to the supply of certain goods and services. These guarantees mean 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.

WILLOW Urban Retreat is not liable for any Personal Injury (as defined in section 22(4) of the Australian Consumer Law and Fair Trading Act 2012) or death resulting from your participation in the Retreat Activities.

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 do 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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