Last Updated: 1 January 2026
At Top Gym Australia, we want every member to feel confident in their decision to train with us. We understand that circumstances change, and we have developed this Return and Refund Policy to clearly outline your options if you need to cancel a membership, request a refund, or adjust your training arrangements. This policy applies to all memberships and services purchased through malarines.com or in person at any Top Gym Australia location.
1. Cooling-Off Period
In accordance with Australian Consumer Law, all new memberships at Top Gym Australia are subject to a 14-day cooling-off period commencing from the date of purchase. During this cooling-off period, you may cancel your membership for any reason and receive a full refund of the amount paid, provided you have not used our facilities more than twice during the cooling-off window.
To exercise your right to cancel during the cooling-off period, you must notify us in writing by sending an email to info@malarines.com with the subject line “Cooling-Off Cancellation” and include your full name, membership number, and the date of purchase. Refunds will be processed within 10 business days of receiving your cancellation request and will be returned to the original payment method used at the time of purchase.
If you have used the gym facilities more than twice during the cooling-off period, we will deduct a reasonable usage charge equivalent to the casual visit rate ($7.95 per visit) from your refund before processing. This deduction reflects the value of the services you received during the cooling-off period.
2. Annual Membership Refunds
After the 14-day cooling-off period has passed, annual memberships are generally non-refundable. We offer annual memberships at a significant discount compared to the equivalent weekly rate, and the pricing reflects the commitment to a full 12-month term. However, we recognise that certain exceptional circumstances may arise, and we consider refund requests on a case-by-case basis in the following situations:
Medical Incapacity: If you develop a medical condition or sustain an injury that prevents you from exercising for a period exceeding eight consecutive weeks, and this is supported by a written medical certificate from a registered Australian medical practitioner, you may be eligible for a pro-rata refund of the unused portion of your annual membership. The medical certificate must specifically state that you are unable to participate in gym-based physical activity. We may also offer the option to freeze your membership for the duration of your recovery instead of issuing a refund.
Relocation: If you permanently relocate to an address more than 50 kilometres from the nearest Top Gym Australia facility, you may apply for a pro-rata refund of the unused portion of your annual membership. You must provide proof of your new residential address, such as a utility bill, lease agreement, or statutory declaration dated within the last 30 days. Relocation refund requests must be submitted within 30 days of your move.
Pro-rata refunds are calculated based on the number of full weeks remaining in your membership from the date your refund request is approved, divided by the total 52-week membership period, and multiplied by the total amount paid. An administrative processing fee of $25 may be deducted from the refund amount.
3. Weekly Membership Cancellations
Weekly direct debit memberships at Top Gym Australia operate on a no-lock-in basis, meaning you can cancel at any time without penalty. To cancel your weekly membership, provide at least seven days’ written notice by emailing info@malarines.com or by speaking with staff in person at any of our locations. Your membership will remain active until the end of the current billing cycle following the expiry of the seven-day notice period.
Refunds are not issued for partial weeks. If you cancel mid-week, your access continues until the end of that paid week. Because weekly memberships offer complete flexibility with no upfront commitment, refunds for past weekly payments are not available.
4. Casual Visit Policy
Casual visit passes are purchased on a per-visit basis and are non-refundable once the pass has been activated and you have entered the facility. Each casual visit pass grants access for up to four hours from the time of entry. If you purchase a casual visit pass but do not enter the facility (for example, due to an unexpected change of plans before scanning in), you may request a credit or refund by contacting us within 24 hours of the original purchase. Credits will be applied to your account for use on a future visit.
5. Personal Training Session Refunds
Personal training sessions at Top Gym Australia are sold as individual sessions or in multi-session packages. The following refund conditions apply:
Unused Session Packages: If you have purchased a personal training package and wish to cancel before using all sessions, you may request a refund for any unused sessions remaining in the package. The refund will be calculated at the individual session rate (not the discounted package rate), meaning the discount applied to the package will be recalculated for the sessions you did use. For example, if you purchased a 10-session package at a discounted rate and used four sessions, the four completed sessions will be charged at the individual session rate, and the balance will be refunded.
Session Expiry: Personal training packages have a validity period specified at the time of purchase, typically 12 weeks for a 10-session package. Sessions that expire without being used are not eligible for refund. If you anticipate difficulty using your sessions within the validity period, contact us before the expiry date to discuss a possible extension.
Trainer Unavailability: If your assigned personal trainer becomes unavailable due to illness, departure, or other reasons, Top Gym Australia will offer you an alternative trainer of equivalent experience and qualifications. If no suitable replacement is available, or if you prefer not to continue with a different trainer, you are entitled to a full refund for any remaining unused sessions in your package.
6. How to Request a Refund
All refund requests should be submitted in writing to info@malarines.com. Please include the following information in your request: your full name, membership or booking reference number, the reason for your refund request, and any supporting documentation (such as a medical certificate or proof of relocation). Our team will acknowledge your request within two business days and aim to provide a decision within 10 business days.
Approved refunds will be processed to the original payment method within 10 business days of approval. If the original payment method is no longer available (for example, an expired credit card), we will work with you to arrange an alternative refund method such as a bank transfer.
7. Your Consumer Rights
Nothing in this Return and Refund Policy is intended to limit or exclude any rights you may have under the Australian Consumer Law (Schedule 2 of the Competition and Consumer Act 2010). If our services are not provided with due care and skill, or are not fit for a particular purpose that you made known to us, you may be entitled to remedies including a refund, regardless of this policy. For more information about your consumer rights, visit the Australian Competition and Consumer Commission (ACCC) website at accc.gov.au.
8. Contact Us
If you have any questions about this Return and Refund Policy or need assistance with a refund request, please contact us:
- Email: info@malarines.com
- Phone: 1300 867 496
- Address: Top Gym Australia, 52 Holmes Street, Brunswick East, VIC 3057
We value your membership and will always strive to find a fair resolution to any concerns you may have.