This policy details how Conseek (ABN 66 676 742 135) handles requests for refunds and related remedies for our products or services.
This policy applies to clients located in Australia, and international clients, to the extent permitted by any mandatory customer protection laws that apply in their country.
Nothing in this policy is intended to exclude, restrict or modify any rights that you may have under Schedule 2 of the Competition and Consumer Act 2010 (Cth) ("Australian Consumer Law"), or any other non-excludable consumer protection law.
For Australian clients who are “consumers” under the Australian Consumer Law, our services come with automatic consumer guarantees that cannot be excluded. In relation to services, the Australian Consumer Law generally requires that our services must:
- Be carried out with due care and skill;
- Be reasonably fit for any purpose that you made known to us; and
- Be supplied within a reasonable time, if no time has been agreed.
If our service fails to meet a consumer guarantee, and where the failure is not major and can be fixed, we may choose to remedy the issue by re-providing the service, correcting the defect, or offering another appropriate solution at no additional cost to you.
If our service fails to meet a consumer guarantee and where the failure is major or cannot be remedied within a reasonable time, you may be entitled to:
- Cancel the service contract and obtain a refund for the unused portion;
- Claim compensation for any reasonably foreseeable loss or damage caused by the failure.
It is unlawful for us to represent that you have fewer rights than those provided by the Australian Consumer Law. For example, we cannot apply a blanket “no refunds” policy for faulty services, or limit your rights to a fixed time period where the Australian Consumer Law would provide a longer entitlement.
Subject to the Australian Consumer Law and any other applicable law, we will provide a refund where:
- Our services have a failure that is major or cannot be rectified within a reasonable time;
- You have been charged in error (for example, duplicate billing);
- We are unable to deliver the services as agreed, and the failure is not due to your act or omission or a third-party event outside our reasonable control; or
- We have expressly promised a refund or money-back arrangement in a particular proposal, engagement letter or service description.
Where appropriate, we may offer alternative remedies (such as additional consulting time, re-performance of services, or a credit towards future services), provided that these alternatives do not limit or replace any non-excludable rights that you may have under the Australian Consumer Law.
Under the Australian Consumer Law, we are not obliged to offer a refund if you:
- Simply change your mind;
- Decide that you no longer require the services;
- Fail to provide us with necessary instructions, information or access; or
- Experience issues arising from your own systems, third-party providers, or infrastructure outside our control, unless our failure to exercise due care and skill contributed to the problem.
As a gesture of goodwill and subject to our sole discretion, we may offer a partial refund, credit or rescheduling in some change-of-mind situations, particularly if little or no work has yet been performed. Any such goodwill arrangement does not set a precedent and does not affect your statutory rights.
Any express change-of-mind policy that we may advertise (for example, a cooling-off period) will operate in addition to, and not in place of, your statutory rights under the Australian Consumer Law.
Conseek primarily provides professional consulting, advisory, training and digital services. Where you engage us for:
Milestone-based work – if we agree on specific milestones or deliverables, any refund (where required by law or agreed by us) will ordinarily be calculated on a pro-rata basis, taking into account work already completed and the value reasonably received by you.
Retainer or ongoing advisory services – for retainers or periodic services, any refund (where required or agreed) will generally be limited to the unused portion of the prepaid period, unless the Australian Consumer law requires a greater refund.
Training, workshops or events – we may specify a separate cancellation and refund terms in the event description or engagement letter. Those terms will be read subject to this Policy and the Australian Consumer Law.
We may refuse a refund to the extent that:
- The issue arises because you have not followed our written recommendations, instructions or prerequisites;
- You have unreasonably delayed or obstructed our ability to deliver the services; or
- The request is inconsistent with your statutory rights.
If you are located outside Australia, you may have mandatory consumer rights under the laws of your country, particularly for online contracts (for example, cooling-off periods or special rights for digital services). Where those mandatory rights apply and cannot lawfully be excluded, we will observe them. This policy is intended to operate in addition to, and not in place of, any such non-excludable rights.
For international clients who are not protected by a mandatory consumer regime, this policy governs our approach to refunds, together with any express contractual terms in your engagement letter or services agreement.
If you believe you are entitled to a refund or other remedy, please contact us as soon as reasonably practicable with:
- Your full name (and organisation, if applicable);
- Details of the services purchased, including dates and invoices;
- A description of the problem and the outcome you are seeking; and
- Any supporting information or documentation.
We will:
- Acknowledge your request within a reasonable time;
- Assess whether a consumer guarantee or other legal obligation applies;
- Ask for any further information we reasonably require; and
- Propose one or more remedies consistent with this policy, Australian Consumer Law, or other applicable law.
We may require reasonable verification of identity and proof of purchase before processing any refund or remedy.
Where a refund is provided, we will process it using the same payment method that you used for the original transaction, unless that method is no longer reasonably available or you and Conseek mutually agree on an alternative method.
Refunds will ordinarily be processed in the original transaction currency. Exchange rate movements, foreign transaction fees or bank charges applied by your financial institution are outside our control, and unless applicable law requires us to bear those costs, you will be responsible for any additional fees or charges.
Where partial refunds are provided (for example, pro-rata refunds for unused services), we will clearly explain the basis of our calculation.
Subject to the Australian Consumer Law and any mandatory consumer law that applies, we will not provide a refund where:
- There is no failure in our services (for example, you simply prefer a different strategic approach or outcome);
- You change your requirements or priorities during an engagement, and the services already delivered are consistent with the agreed scope at the time;
- You fail to provide timely instructions, access, approvals or information, and this prevents us from completing our work;
- A problem arises from third-party products, platforms or infrastructure that we did not supply or have no control over, unless our failure to exercise due care and skill contributed to the problem; or
- You request a refund outside any advertised discretionary period (if any), and there is no legal basis for a remedy.
If you purchased our services through a third-party, additional refund and dispute processes may apply. In such cases, you may be required to submit your request through that third-party, however this does not affect any non-excludable rights that you may have against us under the Australian Consumer Law or any other applicable law.
If you are not satisfied with the outcome of your refund or remedy request, you may escalate the matter internally by contacting us in writing or via email, and requesting a review.
Australian clients also have the option to raise concerns with the fair trading or consumer affairs agency in their state or territory, or the Australian Competition and Consumer Commission (ACCC).
International clients may have access to local consumer protection bodies or ombudsman schemes.
We may update this Policy from time to time to reflect changes in our practices, services, or the law.
The version published on our website at the time you make your purchase, or as provided to you will apply to that transaction, except where a change is required by law to take immediate effect.
Article ID: D254803

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