Refund Policy

1. No Refunds for Change of Mind

We do not provide refunds where you:
 

• Change your mind;

• Decide later that you did not like the service;

• Have no use for the service;

• Chose the wrong service; or

• Failed to clearly communicate your expectations or requirements.

All purchases of consulting services are final and non-refundable unless required by law.

 

2. Nature of Services

Our services are tailored, professional, and often involve intangible work, intellectual output, or advisory processes. As such:
 

• Results may vary based on your implementation, decisions, and use of advice;

• No warranty or assurance is made regarding any commercial, technical, or operational outcome;

• Services are provided on a best-effort basis, relying on information you provide.

We are not responsible for delays, errors, or limitations caused by third parties, your systems, or information you provide.

 

3. Australian Consumer Law

Under the Australian Consumer Law (ACL), you may be entitled to certain consumer guarantees. However, the ACL distinguishes between:
 

Consumers, who acquire goods or services for personal, domestic, or household use or consumption, and

Businesses, who engage services for commercial purposes.

To the maximum extent permitted by law:

If you are a business client or acquire our services for business purposes (including professional use), you expressly agree that the consumer guarantees under the ACL do not apply (see s.3(2) of the ACL).

If the ACL does apply and a service we provide fails to meet a consumer guarantee and the failure is not major, you may be entitled to have the services remedied within a reasonable time. If the failure is major, you may be entitled to cancel the service and seek a refund for the unused portion.

Our liability for any breach of a condition or warranty implied by the ACL or otherwise is, to the extent permitted by law, limited to resupplying the services or paying the cost of resupplying them.

4. No Indirect or Consequential Liability

To the fullest extent permitted by law, we:

Exclude all liability for loss of income, loss of opportunity, loss of goodwill, indirect or consequential loss, or punitive damages;

Are not liable for any loss or damage resulting from reliance on any report, advice, or recommendation provided as part of our services;

Are not liable for the conduct, performance, or omissions of third parties, including subcontractors or external service providers.

5. Refund Process and Requests

If you believe you are entitled to a refund under applicable consumer law:

You must submit a written request to contact@clearwater.cloud within 7 days of the issue arising;

Your request must include your full name, contact details, invoice reference, a detailed explanation of the issue, and any relevant supporting documentation;

We will assess your request in accordance with this Policy and applicable law and respond within a reasonable time;

We may, at our sole discretion, offer a credit, partial refund, or re-performance of services.

6. No Waiver of Rights

This Refund Policy does not exclude any rights or remedies that you may have under Australian law that cannot lawfully be excluded. If any provision of this policy is found to be unenforceable under Australian law, the remainder will remain valid and enforceable to the fullest extent.

 

7. Jurisdiction

This Refund Policy is governed by the laws of Victoria, Australia. Any disputes arising under this Policy will be subject to the exclusive jurisdiction of the courts of New South Wales.

Last updated: 17/05/2025