Terms & Conditions

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

294); and

“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

indicated.

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;

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(ii) you are authorised and able to make payment via the method you

have chosen,

(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).

(c)

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

issued.

(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

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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

Phegan.

(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

been purchased.

(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

original appointment.

(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

available.

(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

your results.

(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.

day events)”.

(i) Payment of 25% deposit for all sessions is required to secure training

dates in our diary.

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(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

joining.

(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

6. Indemnity

use.

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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

circumstances.

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.

9. Interference

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.

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10. Copyright

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.

11. Branding

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.

12. Disclaimer

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

Website.

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

action.

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.

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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

rules applicable to such Services. All such guidelines or rules, including the Privacy Policy,

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: events@joshphegan.com.au

PRIVACY POLICY

1. Introduction

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”).

This Privacy Policy outlines how personal information is handled (including the

collection, storage, access and use of personal information) by us and our our website at

www.joshphegan.com.au (“Website”).

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

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use of cookies.

If you do not want information collected through the use of cookies, there is a simple

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

online services.

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

end of this Privacy Policy. We may call you within 14 days of receipt of your “opt out” or

“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.

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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

Privacy Policy and how to handle personal information. We have internal policies in place

to manage access privileges, to ensure that only those who really need to can see your

personal information.

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

contact details located at the end of this Privacy Policy.

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

Changes may be made from time to time, without notice, to this Privacy Policy as required

when new laws, policies or services are introduced.

This Privacy Policy was last updated on 8 April 2014.

1. Related Legal Information

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We direct users to the Terms of Use in relation to use of the Website.

2. Contact Us

If you have any questions regarding this Privacy Policy or would like more information about

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

details:

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: events@joshphegan.com.au

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.


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