Refund Policy
Synclical Pty Ltd trading as Wellsome
www.wellsome.com
Last updated: September 2025
1. Definitions and Interpretation
1.1. In these Terms, “Website” refers to www.wellsome.com, “Wellsome”, “we”, “our” and “us” refer to Synclical Pty Ltd (ABN: 97651575110); “you” or “your” refers to the Website user, customer or client; “Products” means digital resources offered, and “Services” covers coaching and education sessions provided directly or online.
1.2. References to “Terms” mean this document, as amended from time to time.
2. Scope and Acceptance
2.1. These Terms set the basis for your access to and use of the Website, Products and Services provided by Wellsome.
2.2. By browsing the Website or purchasing any Products or Services, you acknowledge and agree to be bound by these Terms.
2.3. At checkout, you may be asked to actively confirm your acceptance (for example, by ticking a box or clicking “Agree”).
2.4. If you do not accept these Terms, please stop using the Website and do not proceed with any purchase.
3. Amendments
3.1. Wellsome may change these Terms at any time. Updated Terms will be posted with a new “Last Updated” date. Material changes may be also notified by email, website banner, or during your next login/checkout.
3.2. Continued access or use after updates constitutes acceptance.
4. Electronic Transactions
4.1. You consent to conduct business electronically with us, including acceptance, notices, communications, contracts, and records.
4.2. These Terms and any contracts made via the Website are equally enforceable as signed hard copy documents.
5. User Eligibility & Conduct
5.1. You are responsible for the accuracy, completeness, and timeliness of information provided.
5.2. You must not use our Website or Services for unlawful, abusive, or disruptive purposes.
5.3. All interactions must meet standards of respect and fairness.
6. Purchases, Bookings & Payment
Service Bookings
6.1. All coaching and services are booked via our online booking system (“Booking System”). Use of the Booking System is subject to its terms, privacy policy and applicable fees.
6.2. Bookings are only confirmed after full payment or as agreed by a written payment plan.
6.3. You will receive an invoice upon booking. Payments are due 5 business days prior to your session start time to secure your session.
6.4. If a payment is declined, dishonoured, returned or otherwise unpaid for any reason, you are responsible for any associated bank, chargeback, dishonour or processing fees, and any reasonable recovery costs incurred.
6.5. Interest may be charged on overdue amounts at 5% per annum, calculated daily.
6.6. You acknowledge that Wellsome may recover collection/legal fees for unpaid debts, and if necessary Wellsome will engage the services of a Debt Collection Agency to attain any owed fees that are outstanding. If this is required you will be liable for the agency fees charged to do this.
Cancellations and Refunds
6.7. Cancellations/reschedules must be made in writing to admin@wellsome.com.
6.8. Cancellations made more than 48 hours before your appointment can be rescheduled at no cost.
6.9. Cancellations made between 24 and 48 hours of your appointment will incur a fee equal to 50% of the service cost.
6.10. Cancellations made less than 24 hours before your appointment or missed appointments (“no-shows”) will incur a fee equal to 100% of the service cost.
6.11. Packages and multi-session programs are non-refundable, regardless of early cancellation. If a client ends a package before completion, any outstanding payments remain due.
6.12. If you are on a payment plan and choose to cancel before your program is complete, Wellsome reserves the right to charge your chosen payment method for the remaining balance immediately.
6.13. Refunds are only available if Wellsome is unable to fulfill the Services as promised.
6.14. Nothing in this policy limits or removes your rights under the Australian Consumer Law (ACL).
Product Purchases
6.15. By purchasing a Product, you agree to pay the total price indicated at checkout.
6.16. All payments are processed securely through our trusted third-party Payment Gateway Providers and are subject to their terms and conditions.
6.17. Unless otherwise stated, all amounts are listed in Australian Dollars (AUD) and are GST inclusive, being goods and services tax as defined in A New Tax System (Goods and Services Tax) Act 1999, inclusive amounts. Where the services are provided outside Australia, GST is inapplicable.
6.18. Following payment of the Purchase Price being confirmed by Wellsome, you will be issued with a receipt to confirm that the payment has been received and Wellsome may record your purchase details for future use.
6.19. Wellsome does not provide change of mind refunds. Please keep this in mind when making a purchase.
7. Delivery of Digital Products
7.1. Digital products (Eproducts) are delivered via a secure download link to your nominated email address shortly after checkout. If you don’t receive the email within 30 minutes, please check your spam/junk (or Promotions) folder, then contact admin@wellsome.com.
7.2. Wellsome will prioritise your request and assist with re-sending access where possible; however, we are not responsible for issues with your email account or service (including mailbox limits, filters, or provider outages) that prevent delivery or access to the Eproduct.
8. Warranty
8.1. Eproducts
(a) Wellsome’s digital products come with guarantees that cannot be excluded under the Australian Consumer Law (ACL). If a Product has a major failure, you are entitled to a replacement or refund and to compensation for any reasonably foreseeable loss or damage. If the failure is not major, you are entitled to have the Product repaired or replaced within a reasonable time. A “major failure” under the ACL includes (without limitation) where the product is materially different from its description, unsafe, or not fit for its ordinary purpose.
(b) If you believe an Eproduct is faulty or defective, please contact admin@wellsome.com with your order details and relevant screenshots or evidence so we can assess the issue.
8.2. Services
(a) Wellsome will use its best efforts and take reasonable steps to help you work toward your desired outcomes. However, we do not warrant that the Services will meet every individual requirement, and results can vary between clients.
(b) Our Services also come with guarantees that cannot be excluded under the ACL. If there is a major failure with the Service, you may cancel and are entitled to a refund for the unused portion or compensation for its reduced value. A major failure is as defined under the ACL and includes, for example, where a service is unfit for the purpose it was supplied or creates an unsafe situation.
Nothing in this section limits your non-excludable rights under the Australian Consumer Law.
9. Products Disclaimer (Wellsome)
9.1. You’re responsible for your own physical, mental and emotional wellbeing, and for the decisions, actions and outcomes that follow from using Wellsome Products and any free resources. Outcomes vary between individuals.
9.2. To the extent permitted by law (and without limiting any rights you have under the Australian Consumer Law), Wellsome is not liable for actions or inaction you take based on our Products or free resources, or for any direct or indirect consequences that follow from your implementation of them.
10. Services Disclaimer
10.1. When you purchase our Services, you remain solely responsible for your health, choices, actions and results. We provide education and support; results are not guaranteed and will differ from person to person.
10.2. Our Services are for general information and education only and are not a substitute for medical attention, diagnosis or treatment, dietetic care, psychological support, legal, financial or other professional advice. Always seek advice from a qualified practitioner for your specific needs. If you have a medical concern or emergency, contact a healthcare professional or emergency services immediately.
10.3. To the maximum extent permitted by law and without limiting your non-excludable rights under the Australian Consumer Law, you agree to release Wellsome from claims arising from your voluntary participation in the Services and your implementation of any guidance provided. Nothing in this clause excludes liability that cannot be excluded by law.
11. Crisis and Emergency Protocols
11.1. Not Emergency Services: Wellsome’s coaching services are not emergency or crisis intervention services. In any emergency, contact emergency services (000 in Australia) or your local crisis support service immediately e.g. Lifeline: 13 11 14 or Beyond Blue: 1300 22 4636.
11.2. Crisis During Sessions: If you express thoughts of self-harm, suicide, or harm to others during a session, Wellsome may:
(a) Encourage you to contact emergency services or a crisis support line
(b) Provide contact details for appropriate support services
(c) With your permission, contact a nominated emergency contact
(d) In extreme circumstances, contact emergency services directly
11.3. Duty of Care: While Wellsome has a duty of care during sessions, we are not qualified to provide crisis intervention, mental health treatment, or emergency support.
11.4. Referral Responsibility: If ongoing mental health support is needed, you will be referred to appropriate qualified professionals. Coaching sessions may be suspended until professional support is in place.
11.5. Documentation: Any crisis situations will be documented appropriately and may override normal confidentiality provisions as outlined in our confidentiality policy.
12. Information & No-Advice Notice
12.1. Content provided via the Website, Products, Services, free resources, email, blog, podcast or social media is for general information and education and is not professional advice. For disclaimers, accuracy statements and liability limits, see Section 24. Always seek advice from a qualified professional for your specific circumstances.
13. Copyright And Intellectual Property
13.1. You acknowledge that the Website, the Purchase Services, the Wellsome name and brand, and all associated logos, designs, text, graphics, software, digital products, course materials, files and other content (collectively, Content) are owned by Synclical Pty Ltd trading as Wellsome or our affiliates, licensors or suppliers, and are protected by copyright, trade mark and other intellectual property laws in Australia and overseas.
13.2. You agree to indemnify and hold Wellsome harmless from all losses, costs, liabilities and expenses (including full indemnity legal costs) arising from, or connected with, any infringement or alleged infringement of Wellsome’s or any third party’s intellectual property rights by you or your agents.
13.3. Unless you have Wellsome’s prior written consent (and, where relevant, the consent of the applicable rights holder), you must not reproduce, republish, upload, transmit, post, distribute, publicly display or perform, adapt, modify, create derivative works from, or otherwise use the Content or any third-party content for any purpose. This does not restrict your use of materials that we expressly permit for re-use or content that is in the public domain.
13.4. Where a Service or Product enables you to access software, content, equipment or other materials owned or licensed by Wellsome, we grant you a limited, revocable, non-exclusive, non-transferable and non-sublicensable licence to use those materials solely for your personal, non-commercial use and only for the purpose for which they were provided. This licence automatically ends if you breach these Terms.
14. User Generated Content
14.1. If you upload or post content (“Your Content”), you remain responsible for its lawfulness, originality, and necessary consents.
14.2. By submitting Your Content, you give Wellsome a perpetual, royalty-free, non-exclusive, worldwide license to use, reproduce, edit, adapt, and display it for business, educational, or promotional purposes.
14.3. Your Content must not be offensive, defamatory, objectionable or unlawful.
14.4. Wellsome may remove or moderate content at any time; you should keep your own copies.
15. Third-Party Links and Services
15.1. The Website may link to external websites or integrate third-party services for booking, payment, or delivery.
15.2. Wellsome is not responsible for the content, availability, security, or privacy practices of any third-party websites or services.
16. Technology Requirements & Limitations
16.1. Access to our Website, Products, or Services may be interrupted due to circumstances beyond our reasonable control (including internet outages, browser/device incompatibility, software updates, malware, or technical faults), for which Wellsome is not liable.
16.2. Minimum Requirements: For online sessions, you must have:
- Stable internet connection (minimum 1 Mbps upload/download speed recommended)
- Device with camera and microphone capabilities
- Updated web browser or access to required applications
- Quiet, private space for confidential conversations
16.3. Technical Testing: You are responsible for testing your technology prior to scheduled sessions. Technical support resources are available at www.wellsome.com.
16.4. Session Disruptions: If technical issues disrupt a session:
- Sessions will be paused and resumed when possible
- If disruption exceeds 15 minutes, the session may be rescheduled without penalty
- You are responsible for technical issues on your end
- Wellsome is responsible for issues with our systems or chosen platforms
16.5. Alternative Communication: In case of technical failure, alternative communication methods (phone, rescheduling) will be offered where possible.
16.6. Platform Changes: Wellsome may change technology platforms with reasonable notice. You are responsible for adapting to new platform requirements.
17. Customer Responsibilities
17.1. You are responsible for maintaining correct information, a functioning email account, network access, and suitable technology for use of digital Products or Services.
17.2. If your account is compromised due to your failure to safeguard credentials, you are liable.
18. Session Records & Documentation
18.1. Recording Policy: Coaching sessions may be recorded for quality assurance, training purposes, or at your request. You will be notified before any recording begins and must provide explicit consent.
18.2. Session Notes: Wellsome may take notes during sessions to track progress and prepare for future sessions. These notes remain the property of Wellsome and are stored securely.
18.3. Client Access: You may request copies of your session recordings (where they exist) or a summary of session notes by emailing admin@wellsome.com. A reasonable fee may apply for extensive record requests.
18.4. Data Retention: Session recordings and notes are retained for a maximum of 7 years from your last session, after which they are securely destroyed unless required to be kept longer by law.
18.5. Storage Security: All recordings and notes are stored securely using industry-standard encryption and access controls. Only authorized Wellsome personnel have access to this information.
19. Australian Consumer Law & Guarantees
19.1. Our Products and Services come with guarantees under the Australian Consumer Law (ACL) that cannot be excluded.
19.2. You are entitled to a repair, replacement, or refund for major failures and compensation for foreseeable losses. For minor failures, we may choose to repair or replace items or re-supply Services.
19.3. For a summary of your consumer rights, see the Australian Competition and Consumer Commission (ACCC) website.
20. International Clients
20.1. Governing Law: Regardless of your location, these Terms are governed by New South Wales law, except where mandatory local consumer protections cannot be excluded.
20.2. Time Zones: You are responsible for calculating time zone differences for scheduled appointments. All appointment times are confirmed in Australian Eastern Standard/Daylight Time unless otherwise specified.
20.3. Currency and Payment: All prices are in Australian Dollars (AUD). You are responsible for any currency conversion fees charged by your bank or payment provider.
20.4. Tax Obligations: GST does not apply to services delivered outside Australia. You are responsible for any local taxes, duties, or reporting requirements in your jurisdiction.
20.5. Consumer Protection: While Australian consumer law governs our services, any stronger consumer protections available in your local jurisdiction that cannot be excluded will continue to apply.
20.6. Communication: All official communications will be in English. Translation services are not provided.
21. Unfair Contract Terms
21.1. These Terms are intended to comply with consumer protection laws and contain no unfair terms. If any part is deemed unfair or unenforceable, the remainder will continue in effect.
22. Privacy
22.1. Wellsome respects your privacy. Any personal information you provide via the Website or when using the Purchase Services is collected and handled in accordance with Wellsome’s Privacy Policy.
23. Confidentiality
23.1. Confidential Information: Information shared during coaching sessions is treated as confidential and will not be disclosed to third parties without your written consent, except as outlined in this section.
23.2. Limits to Confidentiality: Confidentiality may be breached without your consent where:
- You pose a serious risk of harm to yourself or others
- There is suspected abuse of a child, elderly person, or vulnerable adult
- Required by law or court order
- You have provided written consent
- Information is already in the public domain
23.3. Professional Consultation: Wellsome may discuss your case (without identifying details) with professional supervisors or colleagues for training, development, or ethical guidance purposes.
23.4. Third-Party Services: When using third-party platforms for session delivery (video conferencing, booking systems), their privacy policies also apply. Wellsome selects providers with appropriate privacy protections but cannot guarantee absolute confidentiality through these platforms.
23.5. Data Handling: All client information is handled in accordance with Australian privacy laws and our Privacy Policy.
24. Disclaimers, Acknowledgements & Liability
24.1. Nothing in these Terms excludes, restricts or modifies any rights, remedies or guarantees that cannot lawfully be excluded under the Australian Consumer Law or other applicable laws.
24.2. The Website, Purchase Services, Products and Services are provided “as is” and “as available.” We do not guarantee that access will be uninterrupted, timely, secure or error-free, or that files/content will be free of viruses or harmful components. Access may be suspended or varied for maintenance, upgrades or events beyond our reasonable control.
24.3. While we take care to provide useful and current information, we do not promise completeness, accuracy, merchantability, non-infringement, or fitness for any particular purpose. Information (including third-party content or links) may change without notice. You should independently verify anything material to your circumstances.
24.4. Our coaching and educational Services are for general information and education only. They are not a substitute for medical, legal, financial, psychological or allied-health advice. Always seek guidance from an appropriately qualified professional. In an emergency, contact a healthcare professional or emergency services.
24.5. You are responsible for how you use our Products, Services and materials, including evaluating their suitability for your goals, and for having the equipment, software and internet access needed to participate. To the fullest extent permitted by law, you assume the risks associated with your reliance on, or implementation of, any materials, strategies or guidance we provide—recognising that results vary from person to person.
24.6. Subject to clause 24.1 and to the maximum extent permitted by law:
(a) all terms, guarantees, warranties, representations or conditions not expressly stated in these Terms are excluded; and
(b) Wellsome will not be liable for any special, indirect or consequential loss or damage, loss of profit, loss of opportunity, loss of goodwill, data loss, business interruption, or similar, arising out of or in connection with the Website, the Purchase Services, the Products, the Services or these Terms (including any inability to use, or delay in the supply of, the Purchase Services), whether under contract, tort (including negligence), equity, statute or otherwise.
24.7. Without limiting the above, Wellsome and its affiliates, officers, employees, agents, contributors, third-party content providers and licensors do not warrant or represent that you will be free from:
- interruptions, errors, omissions, delays, viruses or other harmful components, data loss, communication failures, unlawful third-party interference, or unauthorised access, alteration or destruction of records;
- inaccuracies, lack of suitability or out-of-date information on the Website or in third-party materials/advertisements;
- costs or expenses you incur from using the Website, the Purchase Services or the Services;
- issues arising from third-party websites linked for your convenience (including their content, operation or availability);
- incomplete transactions or losses arising from e-commerce conducted via the Website; or
- defamatory, threatening, offensive or unlawful conduct of third parties or publication of material relating to such conduct.
24.8. Where our liability cannot be excluded, our liability is limited to the remedies available under the Australian Consumer Law and as otherwise set out in these Terms—such as re-supplying Services, repairing or replacing goods, or providing a refund (as applicable).
25. Indemnity
25.1. You agree to indemnify and hold Synclical Pty Ltd trading as Wellsome, its affiliates, officers, employees, contractors, agents, contributors, third-party content providers and licensors harmless from and against all actions, claims, demands, liabilities, losses, costs and expenses (including legal fees on a full indemnity basis) arising out of or in connection with:
- any content you submit, post, upload or otherwise make available via the Website;
- your access to, use of, or transactions on the Website or the Purchase Services, and any act or omission by you or your agents that breaches these Terms; and/or
- any breach of these Terms by you.
26. Eligibility & Age Restrictions
26.1. You must be 18+ to purchase Wellsome Products or Services. If you’re under 18, you may only proceed with the permission of a parent or legal guardian, and by placing an order you confirm you have that consent.
27. Accessibility
27.1. If you need these Terms in an accessible format (e.g., large print or a screen-reader–friendly PDF), please email admin@wellsome.com and we’ll arrange it.
28. Mailing List & Communications
28.1. By opting into Wellsome’s email and/or SMS list, you consent to receive communications from us (including updates, offers and news). You can unsubscribe at any time, use the unsubscribe link in emails or reply STOP to SMS. Standard carrier charges may apply.
28.2. When registering, you may be asked to provide personal information such as:
- email address;
- name and postal address;
- mobile phone number;
- optional preferences to help tailor content.
28.3. If you join our mailing/SMS list, you agree to receive promotional material, updates and other content from Wellsome. You can manage your preferences or opt out at any time. We handle your information in line with our Privacy Policy.
29. Termination
29.1. Wellsome may suspend, restrict or terminate your access to the Website, Products or Services (and/or cancel bookings) if you breach these Terms, fail to pay when due, misuse our site or services, or if required by law. We may do this immediately or on notice, at our discretion.
29.2. Termination does not affect any rights or obligations that have already accrued. Any amounts owed to Wellsome (including fees and recovery costs) remain payable, and any licences or access granted to you will end unless we agree otherwise in writing.
30. Dispute Resolution
30.1. If an issue arises, you and Wellsome will first seek to resolve it promptly through good-faith discussions.
30.2. If we can’t resolve the matter within 30 days, either party may refer it to mediation in New South Wales with a mediator we both agree on. Court proceedings may only be commenced after mediation, unless urgent injunctive or other immediate relief is required.
31. Force Majeure
31.1. Wellsome is not liable for delay or failure to perform obligations due to events outside our reasonable control, including natural disasters, war, pandemic, or regulatory changes.
32. Governing Law
32.1. These Terms are governed, interpreted and construed in accordance with the laws of New South Wales, Australia, without regard to conflict-of-law principles. Each party irrevocably submits to the exclusive jurisdiction of the courts of New South Wales (and their appellate courts) and waives any objection to venue or forum non conveniens. If you access our Website, Products or Services from outside Australia, you agree that Australian (NSW) law governs your use and any transactions with Wellsome, except that any mandatory local consumer protections that cannot be excluded remain unaffected. These Terms bind and benefit the parties and their permitted successors and assigns.
33. Severability
33.1. If any provision of these Terms is found to be invalid, unlawful or unenforceable, that part will be severed and the remainder will continue in full force and effect.
If you have any questions about these Terms, please email admin@wellsome.com.