TERMS AND CONDITIONS
1. About this Agreement
By accessing or using our Service and the Website you agree to be bound by these terms
and conditions (Agreement).
In this Agreement:
“Goods” means goods available for sale on our Website from time to time, including but not
limited to our audio CDs;
“Programs” refers to the coaching or training events, sessions and seminars available for
purchase from our Website from time to time;
“Service” refers to the goods and services (including Goods and Programs) provided by us
as offered through the Website from time to time;
“you” and “your” refer to each customer and user of the Website;
“we”, “us” and “our” refer to El Residante Pty Ltd trading as Josh Phegan (ABN 55 114 927
“Website” refers to the website located at http://www.joshphegan.com.au.
This agreement applies to any purchase of Service from the Website. Please read this
Agreement carefully before accessing or using the Website or purchasing our Service. By
accessing or using the Website or purchasing our Service, you agree to be bound by the
terms and conditions of this Agreement.
If you disagree with any part of this Agreement, you should refrain from accessing or
using this Website. We may from time to time amend, update or change these terms and
conditions of use without prior notice.
1. Contract and Price
(a) All prices are in Australian Dollars and inclusive of GST, unless otherwise
(b) All payments must be received before a Service is provided to you.
(c) Description of our Service may be subject to change or correction at any time
without notice. Although we seek to ensure information is correct, we make
no representation or warranty as to information being accurate or complete.
If we discover an error, we will try to notify you as soon as possible and allow
you to cancel your order and obtain a refund if desired.
(d) By submitting an order you warrant that:
(i) you are capable of entering into a legally binding contract with us;
- 2 -
(ii) you are authorised and able to make payment via the method you
(iii) the information you have provided is correct, and
(iv) your purchase is not made for the purpose of commercial resale
unless permission from us is received.
issuing a receipt number.
(e) A contract for purchase is only formed once we have accepted an order by
2. Delivery and Shipping
(a) Delivery of Goods purchased from our Website will usually take place 5 to 10
(b) Sometimes a Good or Program may become temporarily or permanently
working days after acceptance of an order.
unavailable. We are not liable for any loss arising from delays in delivery or
failure to deliver (although you may request a refund if you do not receive
Goods properly ordered).
3. Refunds and Cancellations
(a) Once an invoice for a Service has been paid, no refund will be issued for
(b) Should you receive incorrect, damaged or faulty Goods, please contact us
(c) If you are unable to attend a Program that you have purchased, you may
a change of mind. It is important that you check with us to ensure that a
Service that you are interested in purchasing meets your requirements and
expectations prior to purchase.
within 3 business days of receipt and we will arrange, as appropriate and
depending on availability, a Goods exchange, credit or refund. We may
require return to us of the Goods with proof of purchase before actioning
an exchange, credit or refund request. Any refund will be made using your
original payment method or another method at our discretion.
nominate a replacement delegate to attend in your stead. No refund will be
(d) Subject to clause 5, purchased Programs cannot be rescheduled once
(e) In relation to Programs involving three or more sessions or events, should you
(f) In the event that we are unable to continue our Service, we will give you
purchased and no refund will be issued for a change of mind in relation to the
timing of any Program purchased or for any other reason.
cancel three or more sessions purchased, we may refuse to offer to provide
any further sessions to you. If this occurs there is no refund.
notice in writing and refund the balance of funds, dependent upon use and
once the refund has been issued, you acknowledge we have no further
liability in respect of the cancellation.
4. Provisions Relating to Particular Services
- 3 -
Notwithstanding any other clause in this Agreement to the contrary, the following provisions
will apply to the particular Service described below:
(a) This clause applies to the Program titled “Private Coaching Program”.
(i) The credit purchased is for one-on-one coaching sessions with Josh
(ii) We will contact you at the pre-determined session time/s by telephone
using the phone number requested or face to face at our pre-
determined locations in Melbourne or Sydney.
(iii) Each session will last up to 30 minutes unless additional time has
(iv) The session time is deemed to commence from the agreed start time
of each session, even if you are running late.
(v) If you need to cancel or postpone, you must do so at least 24 hours
prior to your scheduled session time, at which time your appointment
may be rescheduled within a 6 month time frame from the date of the
(b) This clause applies to the Program titled “30 Day Intense Coaching Program”.
(c) This clause applies to the Program titled “Small Group Training (half and full
(i) The credit purchased is for one on one coaching sessions with Josh
Phegan by telephone phone.
(ii) We will contact you each business day throughout the course of the 30
day program for 2-3 minutes in the afternoon at an agreed time.
(iii) A telephone call will be made to the nominated telephone number at
the agreed time and a message will be left for you should you not be
(iv) Should for some reason you not be contactable or Josh’s schedule not
permit the call to proceed on any given day, then please SMS to us
(v) On rare occasions Josh may be unavailable to make the daily call to
you. You will be advised at the time of purchase of this Program as to
the days when Josh will be unavailable to make the call.
(vi) To make up for any days where Josh will be unavailable, we will notify
you of an alternative time at which Josh will call you.
(vii) Each phone call will last up to 2-3 minutes unless additional time is
required and we agree to the additional time.
(i) Payment of 25% deposit for all sessions is required to secure training
dates in our diary.
- 4 -
(ii) All half or full day small group training events are non-refundable. If
the event is cancelled or postponed by you for whatever reason, you
agree to pay the full amount for any future events which you have
agreed to pay for within 30 days of notice of cancellation. Our strict
payment methods are necessary to help manage Josh’s busy diary
because we will start to turn clients away once we commit to your
training event dates. Once a date is moved or cancelled, we cannot
recoup lost opportunities.
(iii) Our payment terms are strictly 7 days from the date of invoice.
(iv) Should you default, we reserve the right not to proceed with future
dates and to pursue you for the monies owed.
(d) This clause applies to the Service titled “Presentation Design and Coaching”.
(i) Where presentations are designed pursuant to your instructions and
third party providers licenced images are used, such images are
purchase d on your behalf, and our right to use these images will be
transferred to you, subject to the terms and conditions of the licence
governing use of such images.
(e) This clause applies to the Service titled “Josh Phegan Membership”.
(i) Our subscription is for a 12-month period commencing from the date of
(ii) The 12-month Josh Phegan Membership is non-refundable nor can
the payment plan be cancelled or refunded once it has been ordered.
(iii) Upon joining the Josh Phegan Membership program you will receive
the designated materials including the Josh Phegan Real Estate
Blue-print workflow poster, Prospecting, Listing and Clearance CDs,
together with the Blue-print training manual. You will also receive
registration details for online access to the Website.
5. Conditions of Use
It is a condition of you using this Website or Service that you do not:
(a) defame, abuse, stalk, harass, threaten or otherwise violate the legal rights of
(b) falsely represent to others that you or your association is affiliated or
(c) use, adapt, translate, disassemble, reproduce, sell, resell or otherwise exploit
others, including rights relating to privacy;
associated with us, the Website or the Service;
the information made available or published on the Website for commercial
purposes without our written consent; or
(d) access or attempt to access information resources you are not authorised to
- 5 -
You agree to indemnify, defend and hold us and our employees, contractors, officers and
directors harmless from all liabilities, claims and expenses, including legal fees and court
costs, that arise directly or indirectly from:
(a) your breach of this Agreement; or
(b) your activities in connection with the Website.
7. No Warranties
You understand and agree that:
(a) the Website and Service are provided on an “AS IS” and “AS AVAILABLE”
(b) we make no warranty that the Website or Service will meet your requirements,
(c) any material downloaded from the Website is done at your own risk and you
basis and without warranties of any kind, expressed or implied;
be uninterrupted, timely, or error-free;
are solely responsible for any damage to your computer system or loss of
data as a result from the download; and
(d) no advice or information obtained by you from or through us or the Website
8. Limitation of Liability
You understand and agree that we shall not be liable for any direct, indirect, incidental,
special, consequential or exemplary damages including but not limited to, damages for loss
of profits, goodwill, data or other intangible losses resulting from:
(a) the use or the inability to use the Website;
(b) the unauthorised access to or alterations of your transmissions or data;
(c) activities resulting from the loss or misuse the Website;
(d) statements or conduct of any third party on the Website; or
(e) any other matter relating to the Website or Service.
Before relying on the information or material on this Website, users should carefully make
their own evaluation of its accuracy, currency, completeness and relevance for their
own purposes. Professional advice should be sought that is relevant to your particular
In some cases, material on the Website may incorporate or summarise opinions and/or
recommendations of third parties. This material has been assembled in good faith, but does
not necessarily reflect our considered views or indicate our commitment to any particular
course of action.
We are not liable for interference with or damage to your computer system(s) in connection
with the use of this Service, Website or a linked website. You must take your own
precautions to ensure that whatever you select for use from this Website is free from viruses
or anything else that may interfere with or damage the operations of your computer systems.
shall create any warranty.
- 6 -
All material on this Website is copyrighted. Apart from any use permitted under the
Copyright Act 1968, all other rights are reserved. Individuals or organisations wishing to
publish or reproduce any materials for commercial, educational or other uses are requested
to contact us for further information.
The Website and materials used in the Services may contain material in which third parties
own the copyright. Copying such material may infringe the rights of others.
The “Josh Phegan” brand, Website brand and brands relating to our Services are our
intellectual property and any unauthorised use is prohibited. Other product and company
names mentioned on this Website may be the trade marks of other people or entities.
We have used our best endeavours to ensure that the information contained on the Website
is true and accurate. We monitor the quality of the information available on the Website and
update that information regularly. However, we (including our directors, officers, employees,
agents and related entities responsible for maintaining the Website) accept no responsibility
and disclaim all liability in respect of any errors, inaccuracies or misstatements contained
on the Website. You should make your own inquiries to verify information stated on the
All information available on the Website, including but not limited to information relating
to third party service providers, publications, guides and general information relating to
coaching and training displayed on the Website are current at the time of issue. Such
information may change at any time and is subject to any updated information we receive.
The material on the Website is general in nature and is not a substitute for professional
advice. It is made available on the understanding that we are not thereby engaged in
rendering professional or financial advice through any statements made on the Website.
Before relying upon any material set out on the Website, you should carefully evaluate
its accuracy, currency, completeness and relevance for your purposes and should, if
necessary, obtain professional advice relevant to their particular circumstances. You should
obtain advice from a qualified legal practitioner and financial adviser before making any legal
or financial decisions.
In some cases, the material set out on the Website may incorporate or summarise views,
guidelines or recommendations of third parties. Such material is assembled in good faith,
but does not necessarily reflect our views or indicate a commitment to a particular course of
Links to other websites are inserted for convenience and do not constitute endorsement
of material at those websites, or any associated organisation, product or service. We are
not responsible for the privacy practices or the content of such websites. Furthermore, we
accept no responsibility for material contained in any website that links to the Website.
By virtue of browsing or accessing the Website, you have accepted the laws of New South
Wales as the law governing the conduct and operation of the Website. In this respect, the
courts of New South Wales will have exclusive jurisdiction over all claims or disputes arising
in relation to, out of, or in connection with the Website or its use.
- 7 -
10. Changes to this Agreement
We may modify this Agreement at any time, and such modifications shall be effective
immediately upon the modified Agreement being publicly available on the Website. The
Agreement is considered renewed every time such changes occur and your continued
access or use of the Website and Service shall be deemed your conclusive acceptance of
the modified Agreement.
When using the Website or Service, you will be subject to any web posted guidelines or
are hereby incorporated by reference into this Agreement.
How Current is this Agreement?
This Agreement was last updated on 4 April 2014.
1. Contact Us
If you have any queries or comments concerning any aspect of this Agreement or our
practices, you are welcome to contact us using the following contact methods:
By post: Po Box 81, Double Bay NSW 1360
By telephone: +61 (0) 2 9363 5895
By fax: +61 (0) 2 8088 1080
By email: firstname.lastname@example.org
The protection of private and confidential information is fundamental to El Residante Pty Ltd
trading as Josh Phegan (ABN 55 114 927 294) (“Josh Pegan”, “our”, “us” or “we”).
We are committed to safeguarding personal information we holds on behalf of our customers
and third parties and is required to do so in accordance with the requirements of the
Australian Privacy Principles of the Privacy Act 1988 (Cth) (“Act”).
collection, storage, access and use of personal information) by us and our our website at
2. Collection of Personal Information
The personal information we collect from the Website and store may include (but is not
limited to) your name, address, contact details, gender, occupation, company and if relevant,
financial information, including credit card information and banking details.
Generally speaking, we do not collect your “sensitive information” (as defined in the Act,
which includes information such as your racial background, religious beliefs or health
information) through our Website.
You are not under any obligation to provide your personal information to us. You may also
choose to deal with us anonymously or by using a pseudonym. However, if you do not
provide your personal information to us, we might not be able to provide you with requested
product or services you request.
The information collected from will be accessed only by authorised staff or agents of
Josh Phegan for the purposes described above. In addition, our employees and the
contractors who provide services related to our information systems are obliged to respect
the confidentiality of any personal information held by us.
3. Collection of Data
When you access the Website, our server makes a record of your visit and logs information
such as the user’s server address, the date and time of visit to the site and the pages
accessed and documents downloaded from the site.
The data listed above is collected for the purposes of website and system administration,
including monitoring to prevent security breaches, enhancement of the Website to the user’s
needs and research and development.
No attempt will be made to identify users or their browsing activities, except in the unlikely
event of an investigation, where a law enforcement agency may exercise its authority to
inspect the Internet Service Provider’s logs.
As part of its functionality, the Website also uses “cookies”. A “cookie” is a small amount of
electronic data that is often used by a “host computer” (for example, the computer on which
the Website is hosted) and a “local computer” (that is, the computer that you use to browse
the Website) to communicate information back and forth. Cookies may be used by the
Website in order to obtain statistical data. No personal information will be collected via the
- 2 -
procedure in most browsers that allows you to deny or accept the cookie feature. However,
you should note that cookies may be necessary to provide you with some features of our
4. Use of Personal Information
Your personal information will be used for the purposes for which you have provided it. That
means we collect it to supply you with the products you have asked for and to provide you
with the best possible service. When you submit a form on our Website or purchase a good
or service from our Website, you grant us permission to contact you, which may include daily
emails, weekly coaching tips and additional promotional materials.
Your personal information may also be used in order to:
• provide the products, services and information you require;
• administer and manage those services (including charging, billing and collecting
debts if required);
• inform you of our activities, products, events, facilities and services;
• provide you with news articles or other materials;
• research, develop and expand our facilities and services;
• gain an understanding of our users, customers and your needs to provide a better
service in all its areas of activities; and
• the personal information may also be collected to promote and market other services
that we consider important or beneficial to our members and you.
We will not otherwise use your personal information for any other purposes (unless required
by law) without your consent.
You have the right, at any time, to opt out of receiving any advertising or marketing material
from us, by either following the “opt out” or “unsubscribe” instructions attached to our emails,
marketing materials or otherwise by contacting us via our contact details located at the
“unsubscribe” request to confirm that you intend to opt out or unsubscribe.
5. Disclosure to Third Parties
We sometimes team up with third-party companies or suppliers to offer events, products or
services (“Preferred Partner”). When necessary, we may provide personal information to a
Preferred Partner that they need to assist in provided the services you require or the events
you wish to be involved with. In these circumstances, we have arrangements in place with
our Preferred Partner that limits their use or disclosure of your personal information to these
purposes and in accordance with the Act.
When you purchase a ticket to List Sell Negotiate, your registration details will be shared
with a third party, being Cooley Auctions as a joint promoter, at which stage they may
promote their services directly to you.
- 3 -
Other than the above, we will not, in the course of our operations, disclose personal
information to any outside parties without your consent.
In certain circumstances, we may be compelled by law to disclose personal information to
various authorities, such as where we are compelled to disclose the personal information by
a warrant, to react to unlawful activity, serious misconduct, or to reduce or prevent a serious
threat to life, health or safety.
We will not sell your personal information collected from the Website to third parties. We will
not disclose your personal information to overseas recipients.
6. Protection of Information
We take reasonable steps to protect any personal information that we holds from misuse
and loss. We also take reasonable steps to protect that information from unauthorised
access, modification and disclosure.
Some of the steps we take to protect our data include educating our employees about this
to manage access privileges, to ensure that only those who really need to can see your
We maintain physical security, such as locks and security systems, over our electronic
data servers, computers and premises. We also maintain up-to-date computer and network
security, for example firewalls, anti-virus software, identification codes and passwords and
other security measures, in order to control access to computer systems. We also regularly
back-up our electronic data to minimise loss of data in the event of system failures.
We do not warrant the security of any information supplied through the Website. While we
will take all reasonable steps to ensure that our electronic data is transferred and stored
securely, we do not warrant that any information supplied through the Website is safe in all
events of unauthorised access.
7. Your access to personal information
You may retrieve a copy of your personal information that we hold by contacting us via our
We will endeavour to take all reasonable steps to keep any information that we hold about
you accurate and up-to-date. If, at any time, you discover that information held about
you is incorrect, misleading or outdated or if you otherwise wish to review or correct that
information, please contact us.
There are circumstances where, by law, we may not give you access to the personal
information we hold about you. For example, we cannot give you access if it would
unreasonably affect someone else’s privacy or if giving you access poses a serious threat to
someone’s life, health or safety.
8. Changes to this Policy
when new laws, policies or services are introduced.
1. Related Legal Information
- 4 -
2. Contact Us
the way we manage personal information, or if you wish to make a complaint about how we
have handled personal information about you, please contact us using the following contact
By post: Po Box 81, Double Bay NSW 1360
By telephone: +61 (0) 2 9363 5895
By fax: +61 (0) 2 8088 1080
By email: email@example.com
If you make a complaint about privacy, we will acknowledge receipt of your complaint, and
try to investigate and respond to you within 30 days. If you are unhappy with the outcome,
you can lodge a complaint with the Office of the Australian Information Commissioner.
For further information about privacy issues and the protection of privacy, please visit the
Australian Federal Privacy Commissioner’s website at http://www.privacy.gov.au.