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Terms of Use & Customer Terms and Conditions

Effective date: 11th June 2024

Terms of Use

1. Scope and Acceptance

 

This website and all associated digital flashcards, exam notes and practice-question banks (collectively “Platform”) are operated by SWN Co Pty Ltd trading as Fellow Academy (“Fellow Academy”, “we”, “us”, “our”). By accessing or using the Platform you confirm that you have read, understood and agree to be bound by these Terms of Use (“Terms”) and our Privacy Policy. If you do not agree, you must cease using the Platform immediately.

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2. Eligibility

 

The Platform is intended solely for:​

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  • registered medical practitioners, and

  • current GP trainees (domestic or international)

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who hold (or are eligible for) registration with the Australian Health Practitioner Regulation Agency (AHPRA). By using the Platform you warrant that you meet this requirement.

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3. Account Creation and Security

 

  1. You must create an account to access most content.

  2. Registration information must be accurate and kept up to date.

  3. You are responsible for all activity under your credentials; keep them confidential and notify us promptly of any unauthorised use.

  4. Sharing login details is prohibited and may result in immediate suspension without refund.

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4. Product Purchase, Access Term and Refunds

 

  • Access to each Product is subject to payment of the advertised fee (“Product Fee”) in advance.

  • Once payment is received we grant you a personal, non-transferable right to view or download the relevant materials (“Materials”) for the stated access period (“Access Term”).

  • Refunds are available only in accordance with our published Refund Policy and your non-excludable rights under the Australian Consumer Law.

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5. Permitted Use and Intellectual Property

 

​All intellectual property on the Platform is owned by or licensed to SWN Co Pty Ltd t/a Fellow Academy. Unless we agree otherwise in writing, you may view the Materials on-screen for your own study only. You must not print, copy, share, sell, license, adapt or create derivative works from any part of the Materials. Unauthorised institutional access (including colleges, regulators and their representatives) is forbidden. Breach may lead to removal of access, forfeiture of fees and legal action.

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6. Prohibited Conduct

 

You must not:​

  1. share or sell your login details;

  2. introduce malware, attempt to gain unauthorised access or otherwise disrupt the Platform;

  3. post unlawful, defamatory, obscene or infringing content;

  4. use the Platform for commercial, abusive or fraudulent purposes;

  5. harvest data or use automated tools to copy content.

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7. User-Generated Content

 

  • grant SWN Co Pty Ltd t/a Fellow Academy a perpetual, worldwide, royalty-free licence to use, reproduce, adapt, publish and display that content for operation and improvement of the Platform;

  • warrant that you have the right to grant that licence and that the content is lawful and non-infringing;

  • acknowledge that we may remove or alter user content at our discretion.

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8. Third-Party Platforms and Resources

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​Certain elements of the Platform are delivered via third-party hosts (e.g. learning-management systems). We are not liable for any act or omission of such third parties, including downtime, data loss or security breaches. Links to external sites are provided for convenience; we do not control or endorse their content and accept no responsibility for their accuracy or availability.

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9. Educational Disclaimers

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  1. Educational purpose – Materials are for general learning; they do not constitute professional medical, legal or financial advice.

  2. No clinician–patient relationship – Using the Platform does not create a doctor–patient relationship with us or our contributors.

  3. Independent provider – Fellow Academy is not affiliated with, or endorsed by, the RACGP, AHPRA or any other regulator.

  4. No CPD guarantee – Using the Materials does not, by itself, confer continuing-professional-development points; confirm eligibility with your college.

  5. Accuracy and currency – We take reasonable care with accuracy, yet information may be incomplete or outdated; verify all critical content against current Australian guidelines.

  6. No guarantee of exam success – Outcomes depend on many factors beyond our control; we do not promise that use of the Platform will result in a pass.

  7. Service interruptions – The Platform is provided “as is” and “as available”. Maintenance, technical issues or third-party failures may cause downtime; we are not liable for resulting loss.

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10. Privacy

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​We handle personal information in accordance with our Privacy Policy and the Privacy Act 1988 (Cth). By using the Platform you consent to that handling.

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11. Suspension or Termination

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​We may suspend or terminate your access without notice if we reasonably believe you have breached these Terms. All restrictions, disclaimers and liability limits survive termination. No refund is payable where access ends due to your breach.

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12. Limitation of Liability

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Subject to any non-excludable rights under the Australian Consumer Law and to the maximum extent permitted by law:

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  • all implied warranties and conditions are excluded;

  • SWN Co Pty Ltd t/a Fellow Academy and its officers, employees and contractors are not liable for indirect, special or consequential loss, or loss of profits, data or goodwill, arising from your use of or inability to use the Platform or linked third-party services;

  • where liability cannot be excluded, it is limited (at our option) to resupplying the service or paying the cost of resupply;

  • our aggregate liability to you will not exceed the Product Fees you have paid for the relevant service.

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13. Indemnity

 

You agree to indemnify SWN Co Pty Ltd t/a Fellow Academy, its directors and employees against any loss, liability or expense arising from:​

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  1. your breach of these Terms;

  2. your misuse of the Platform; or

  3. any claim that content you submit infringes a third party’s rights.​

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Your liability is reduced to the extent our proven wilful misconduct contributed to the loss.

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14. Changes to the Terms

 

We may amend these Terms at any time by posting an updated version on the Platform. Changes take effect on posting. Continued use after a change constitutes acceptance of the amended Terms.

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15. Governing Law and Jurisdiction

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These Terms are governed by the laws of Queensland, Australia. You submit to the exclusive jurisdiction of the courts of that State.

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16. Severability and Waiver

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If any provision of these Terms is held invalid or unenforceable, the remainder continues in full force. A failure to enforce a right is not a waiver of that right. These Terms constitute the entire agreement between you and SWN Co Pty Ltd t/a Fello regarding the Platform.

Customer Terms and Conditions

This is operated by SWN Co Pty Ltd t/a Fellow Academy (ABN 41 653 561 810) (we, our or us). These terms and conditions (Terms) govern the purchase of products through our website (Site). By placing an order, you accept these Terms and enter into a binding agreement with us.

 

Our Disclosures


Please read these Terms carefully before you accept. We draw your attention to:

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  • our Privacy Policy (on the Site) which sets out how we will handle your personal information 

  • clause 10.1 (Amendment) which sets out how we may amend these Terms; and

  • clause 7 (Liability) which sets out exclusions and limitations to our liability under these Terms. 

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We may receive a benefit (which may include a referral fee or a commission) should you visit certain third-party websites via a link on our Site or for featuring certain products or services on our Site.


We provide professional training courses only. If you require immediate medical attention, contact your treating general practitioner or call 000. 


If you are in doubt about the seriousness of your condition, the appropriateness or effectiveness of using our Services or believe that you, or another person is in an urgent, dangerous or emergency situation, you should not use our Services and instead contact 000 immediately or seek alternative and appropriate medical services.


These Terms do not intend to limit your rights and remedies at law, including any of your Consumer Law Rights.


1. Products and Services 
 

1.1 By purchasing study materials through our Site (Products) you will gain access to the platform on which the Products are hosted and access to a community of other enrolled medical practitioners (Services).

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1.2 We do not guarantee that use of our Services will lead to any particular result, outcome, or assessment score. Any pass rates published on our Site or in our marketing are derived from voluntary survey responses submitted by customers who had substantially completed the course content made available to them as part of the Products and Services. These pass rates are not representative of all enrolled customers.

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1.3 You acknowledge and agree that, unless expressly agreed otherwise:


(a) we do not customise our Services to your specific needs or requirements; and
(b) you are responsible for ensuring the Products and Services meet your requirements and are suitable for your purposes.

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To the maximum extent permitted by law, our Services are provided as-is and we do not make any warranty as to fitness for a particular purpose.

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2. Orders

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2.1 You may order Products as shown on our Site (Order). By placing an Order, you agree to purchase the Product(s) at the total price shown at checkout.

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2.2 You must be:


(a) at least 18 years old to place an Order; and
(b) a qualified, practising medical doctor registered with AHPRA.

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2.3 Before placing an Order, you must provide:


(a) a valid AHPRA registration number; and
(b) the name of the clinic or practice at which you currently work, to verify your status as an enrolled medical practitioner.

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2.4 We may accept or reject any Order and will notify you within a reasonable time if we reject your Order. If we need to reject your Order, we will notify you within a reasonable time after your Order is placed. Once we accept an Order, a binding agreement is formed for the supply of Products and Services under these Terms.

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2.5 We will supply the Products in accordance with these Terms.

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3. Price and Payments

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3.1 You must pay us the purchase price of each Product you order plus any GST and applicable delivery costs as displayed at checkout when you place your Order (the Price) in accordance with this clause 3. All amounts are stated in Australian dollars and Australian GST (where applicable) will be set out separately.

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3.2 You must pay the Price upfront using one of the methods set out on the Site.

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3.3 Where we offer payment through third-party providers, you acknowledge and agree that we have no control over the actions of the third-party provider, and your use of those payment methods may be subject to the third-party provider's separate terms and conditions.

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4. Access to the Services

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4.1 The starting date of your access to the Services is the date you purchase a Product in accordance with clause 3 and accept these Terms via the Site.

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4.2 It is your responsibility to ensure that all course content has been completed within the allocated time period (as detailed in the relevant course guide). If you require access to course content beyond the allocated time period, granting of an extension will be considered on a case-by-case basis and may be subject to an additional fee determined at our reasonable discretion, having regard to your individual circumstances.

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4.3 Where you have completed 80% or more of the course content at the time of taking the relevant exam (as verified by us by way of platform tracking or as reasonably evidenced by you) and are unsuccessful in this exam, we will extend your access to the Products and Services at no additional fee until the earlier of:


(a) an additional six months; or
(b) the next relevant exam cycle.

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4.4 We will take all commercially reasonable steps to provide you with uninterrupted access to the Services. However, your access may be restricted from time to time for reasons beyond our control. Where this is the case, we will take reasonable steps to restore your access within a reasonable period of time.

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4.5 You represent, warrant and agree that:


(a) the information and documentation you provide to us is true, correct and complete;
(b) you will not:


i. infringe any third party rights in the Services;
ii. record, make any record of, copy, share, circulate or otherwise replicate any of Our Materials, Products or Services, including the self-paced eLearning portals. Breach of this clause 4.5(b)ii will be considered a material breach of these Terms;
iii. disclose, or provide access to our Services, Our Materials or any of the usernames or passwords provided as part of our Services, to third parties without our prior written consent;
iv. share your login credentials or provide access to the Services to any other person;
v. use the Services for any commercial purpose or to compete with us in any way; and


(c) you will treat our personnel and other students with respect and fairness, including a respect for their privacy.

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4.6 In addition to your obligations set out above, you agree to:


(a) not share, publish, distribute or otherwise make available Our Materials or the Services to any third party, in any form or by any means, whether electronic, mechanical or otherwise;
(b) not input, upload, submit or otherwise introduce any of Our Materials or the Services into any artificial intelligence system, machine learning algorithm, large language model or similar technology (whether automated or otherwise) for any purpose, including but not limited to training, analysis, reproduction or generation of derivative works; and
(c) ensure that you have the necessary technology, equipment, internet connectivity and technical capability to access and complete the Services, and you must notify us in writing prior to registration if you require any technical testing or assessment to verify your ability to access the Services. We are not responsible for any inability to access or complete the Services due to your technology, equipment or internet connectivity.

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Third Party Services

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4.7 We may engage with third parties that operate alongside our Services. Our list of third parties is subject to change and you can find updates on our Site or by contacting us.

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4.8 You acknowledge and agree that these third parties are independent of us and, to the maximum extent permitted by law, we will not be liable for the goods and services they provide, including if there is any delay or errors in their goods and services.

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4.9 If any third party service cannot deliver an aspect of the Services, we will notify you of this change with reasonable notice and you agree to cooperate with us in good faith to find a solution.

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Changes

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4.10 We reserve the right to make changes to our Services, including the content of our Products. We may make these changes without notice to you, provided these changes do not substantially change the nature of our Services to you.

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4.11 Where the changes will amount to a substantial change to the nature of our Services to you or the changes will have an adverse impact on you, we will provide you with reasonable notice. If you do not agree to the changes, you may terminate these Terms in accordance with clause 8.

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5. Use of Our Services

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5.1 When using our Services, you must not:


(a) breach any person's privacy, legal rights, or upload personal information without consent;
(b) defame, harass, threaten, or offend any person;
(c) use our Site for any unlawful purpose;
(d) interfere with other users or our Site’s operation;
(e) introduce viruses, malware, or attempt to modify or tamper with our Site;
(f) send spam or unsolicited messages;
(g) use automated tools such as bots, scrapers, or data mining software;
(h) assist others in doing any of the above;
(i) provide false, inaccurate, or misleading information;
(j) use another person's details without authorisation; or
(k) fail to maintain the security of any access credentials we provide to you.

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6. Australian Consumer Law

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6.1 Nothing in these Terms attempts to modify or exclude the conditions, warranties and undertakings, and other legal rights, under the Australian Consumer Law (Consumer Law Rights). Any and all other warranties or conditions which are not guaranteed by the Australian Consumer Law are expressly excluded where permitted, except to the extent such warranties and conditions are fully expressed in these Terms.

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7. Liability

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7.1 Despite anything to the contrary, but subject to your Consumer Law Rights, to the maximum extent permitted by law:


(a) neither party will be liable for indirect, consequential, or special losses or loss of profits, revenue, or business opportunities, loss of earnings, loss of opportunity;
(b) each party's liability will be reduced proportionately where the loss was caused or contributed to by the other party's acts, omissions, or failure to mitigate their losses; and
(c) each party's total liability arising from or relating to these Terms or the Products will not exceed the amount paid for the specific Products that are the subject of the relevant claim.

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7.2 This clause 7 will survive the termination or expiry of these Terms.

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8. Termination

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8.1 These Terms will terminate immediately upon written notice by a Party (Non-Defaulting Party) if:


(a) the other Party (Defaulting Party) breaches a material term of these Terms and that breach has not been remedied within 10 Business Days of the Defaulting Party being notified of the breach by the Non-Defaulting Party; or
(b) the Defaulting Party is unable to pay its debts as they fall due.

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8.2 Should we suspect that you are in breach of these Terms, we may suspend your access to the Services while we investigate the suspected breach.

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8.3 Upon expiry or termination of these Terms:


(a) we will remove your access to the Services; and
(b) where we terminate these Terms as a result of your unrectified default, you acknowledge and agree that we may, in our sole discretion, limit you from purchasing Products in the future.

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8.4 Termination of these Terms will not affect any rights or liabilities that a Party has accrued under these Terms.

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8.5 This clause 8 will survive the termination or expiry of these Terms.

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9. Intellectual Property

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9.1 All intellectual property rights in our Site, Products, Services, content, branding, and materials (including copyright, trademarks, and designs) remain our property at all times (Our Materials).

 

9.2 You must not, without our prior written consent:


(a) screenshot, copy, reproduce, distribute, sell, publish, or broadcast Our Materials;
(b) use Our Materials for commercial purposes or revenue generation;
(c) modify, adapt, or create derivative works from Our Materials;
(d) frame or embed our content in another Site; or
(e) remove or alter any copyright notices or proprietary markings.

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9.3 You may share our content on social media or personal blogs provided you:


(a) do not claim ownership of Our Materials;
(b) do not imply our endorsement unless explicitly agreed in writing; and
(c) do not damage our reputation or use our content in any illegal, misleading, or deceptive manner.

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9.4 If you submit content to our Services (such as reviews, comments, or feedback), you:


(a) grant us a worldwide, royalty-free, non-exclusive licence to use, modify, and display that content, your name, and profile photo for our business purposes (such as on our website and in our promotional material);
(b) warrant that you own the content or have permission to submit it;
(c) acknowledge that we may remove any content at our discretion; and
(d) remain responsible for ensuring your content does not infringe third-party rights or violate any laws.

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10. General

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10.1 Amendment: We may amend these Terms at any time, by providing written notice to you. By clicking “I accept” or continuing to use the Services after the notice or 30 days after notification (whichever date is earlier), you agree to the amended Terms. If you do not agree to the amendment, you should cease using the Services.

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10.2 Complaints and Feedback: We are always looking to improve our Services and Products. If you have any feedback or a complaint, please notify us on our contact details set out in these Terms and we will take reasonable steps to address any concerns you have.

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10.3 Disputes: A party may not commence court proceedings relating to any dispute arising from, or in connection with, these Terms (Dispute) without first meeting a representative of the other party within 14 days of notifying that other party of the Dispute. If the parties cannot resolve the Dispute at that meeting, either party may refer the Dispute to mediation administered by the Australian Disputes Centre.

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10.4 Events Outside Our Control: We will not be liable for any delay or failure to perform our obligations if such delay or failure is caused or contributed to by an event or circumstance beyond our reasonable control.

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10.5 Governing Law: Both parties submit to the exclusive jurisdiction of the courts operating in Queensland.

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10.6 Notices: Any notice given under these Terms must be in writing addressed to us using the details provided below or to you at the details provided when you submitted your Order or in your account.

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10.7 Privacy: We will comply with all applicable data protection laws, and your personal information will be handled in accordance with our Privacy Policy (available on our Site).

For any questions or notices, please contact us at:
SWN Co Pty Ltd t/a Fellow Academy (ABN 41 653 561 810)
Email: support@fellowacademy.com.au

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Last update: 4 May 2026

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