Australian Consumer Law

Nothing in these Terms excludes, restricts, or modifies any rights or remedies you may have under the Australian Consumer Law (ACL).

Our goods and services come with guarantees that cannot be excluded under the ACL. You are entitled to a replacement or refund for a major failure and compensation for any other reasonably foreseeable loss or damage. You are also entitled to have goods repaired or replaced if they fail to be of acceptable quality and the failure does not amount to a major failure.

Major Failure

For the purposes of these Terms, a major failure is a failure that cannot be fixed, or cannot be fixed within a reasonable time. Under the Australian Consumer Law, a major failure in relation to goods or services includes (but is not limited to) a situation where:

Goods

a) The goods would not have been purchased by a reasonable consumer fully acquainted with the nature and extent of the failure.

b) The goods are substantially unfit for their normal purpose and cannot be made fit within a reasonable time.

c) The goods are substantially unfit for a purpose that the consumer made known to CAQA, and cannot easily be made fit for that purpose.

d) The goods are unsafe, posing a risk of injury or damage.

Services

a) The services would not have been acquired by a reasonable consumer fully acquainted with the nature and extent of the failure.

b) The services are substantially unfit for their normal purpose and cannot be remedied within a reasonable time.

c) The services are substantially unfit for a particular purpose communicated to CAQA prior to supply, and cannot be remedied to achieve that purpose.

d) The supply of the services has created an unsafe situation.

Digital Products – Major Failure

In relation to digital products supplied by CAQA, a major failure may include (but is not limited to):

a) The digital file is corrupted or technically inaccessible in its original format at the time of supply, and CAQA is unable to provide a functioning replacement file within 7 business days of notification.

b) The product delivered is substantially different from the product title and published description at the time of purchase, excluding minor formatting differences, branding updates, or non-material content variations.

c) The product fails to open or operate in its stated file format (e.g., Word, PDF, SCORM, PowerPoint) using standard, up-to-date software compatible with that format, and CAQA cannot provide a working version within 7 business days of notification.

A major failure does not include dissatisfaction with writing style, formatting preferences, compliance interpretation, contextual suitability, or differences arising from changes in legislation, regulatory guidance, or training package updates after the date of purchase.

A failure that is minor or that can be remedied by CAQA within a reasonable time does not constitute a major failure. CAQA reserves the right to offer a remedy (such as a replacement, re-supply, or repair) for failures that do not amount to a major failure, in accordance with the Australian Consumer Law.

Change of Mind

Except where required under the Australian Consumer Law, CAQA does not provide refunds or exchanges for change of mind.

This includes (but is not limited to):

• Digital products
• Downloadable resource kits
• Assessment tools and RPL kits
• Templates and compliance documentation
• Professional development materials
• Consultancy or advisory services
• Customised or contextualised products

Customers are responsible for reviewing product descriptions and suitability prior to purchase.

Digital Products and Licensing

Due to the nature of digital products:

a) Refunds will not be provided once a digital product has been accessed, downloaded, emailed, or otherwise made available to the purchaser, except where required under the ACL.

b) It is the purchaser’s responsibility to ensure compatibility of digital files with their systems prior to purchase.

c) Where a refund is granted for a digital product due to a major failure, any licence granted to use that product is immediately revoked, and the purchaser must permanently delete all copies in their possession or control.

Physical Goods

If physical goods are supplied:

a) Customers must notify CAQA of any damage or defect within 7 days of delivery and provide photographic evidence.

b) Where a product is confirmed to have a major failure under the ACL, CAQA will provide a repair, replacement, or refund as required by law.

c) CAQA is not responsible for damage caused in transit once goods have been dispatched, except where required by law.

Consultancy and Service Engagements

For consultancy, compliance services, professional development, advisory services, or other service-based engagements:

a) Deposits are non-refundable once work has commenced.
b) Fees for services already delivered or partially delivered are non-refundable.
c) Where a project is cancelled by the client after commencement, CAQA reserves the right to invoice for all work completed up to the cancellation date.
d) Milestone payments become payable once the relevant stage has commenced.

Customised or Contextualised Products

Any product that has been customised, contextualised, modified, or developed specifically for a client is non-refundable once development work has commenced, except where required under the ACL.

Promotional Discounts and Sale Items

a) Refunds are calculated based on the amount actually paid (after any discounts).
b) Promotional codes cannot be applied retrospectively.
c) Discounts cannot be combined unless expressly stated.
d) Sale items are not eligible for additional discounts after purchase.

Transaction Fees

Where a refund is approved, any non-refundable third-party transaction fees incurred by CAQA (including but not limited to Shopify fees, Stripe fees, PayPal fees, merchant fees, or banking fees) will be deducted from the refund amount.

These fees are not recoverable by CAQA and therefore will not be included in the refunded amount.

This clause does not apply where a refund is required due to a major failure under the Australian Consumer Law.

Refunds will be processed to the original method of payment unless otherwise agreed in writing.

Chargebacks and Payment Disputes

If a purchaser initiates a chargeback or payment dispute without first contacting CAQA:

a) CAQA reserves the right to dispute the chargeback.
b) CAQA may suspend or revoke access to digital products or services pending resolution.
c) CAQA reserves the right to recover any associated administrative or banking fees incurred.

Refund Requests

All refund requests must:

• Be submitted in writing
• Include the order number and supporting evidence
• Be lodged within a reasonable timeframe
  

For Digital Products

Report access/download issues: Within 7 days of purchase

Report alleged defects or content issues: Within 14 days of purchase

For Consultancy / Services

Issues must be raised within 14 days of delivery of the relevant milestone or service component.

CAQA will assess refund requests in accordance with these Terms and applicable law.