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 indicated.

(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;

(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.

(e) A contract for purchase is only formed once we have accepted an order by issuing a receipt number.

2. Delivery and Shipping

(a) Delivery of Goods purchased from our Website will usually take place 5 to 10 working days after acceptance of an order.

(b) Sometimes a Good or Program may become temporarily or permanently 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 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.

(b) Should you receive incorrect, damaged or faulty Goods, please contact us 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.

(c) If you are unable to attend a Program that you have purchased, you may 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 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.

(e) In relation to Programs involving three or more sessions or events, should you 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.

(f) In the event that we are unable to continue our Service, we will give you 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

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”.

(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.

(c) This clause applies to the Program titled “Small Group Training (half and full day events)”.

(i) Payment of 25% deposit for all sessions is required to secure training dates in our diary.

(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 purchased 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 use.

6. Indemnity

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” basis and without warranties of any kind, expressed or implied;

(b) we make no warranty that the Website or Service will meet your requirements, be uninterrupted, timely, or error-free;

(c) any material downloaded from the Website is done at your own risk and you 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 shall create any warranty.

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.

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.

13. 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