Entering into this Agreement with us
When submitting your Order, you do so accept that you will be bound by these Terms and Conditions of contract (“Terms & Conditions”). Upon our accepting your Order a contract will have been made between you and us (“Agreement”).
In this Agreement:
“Claim” means any claim, demand, proceeding, action, or cause of action in contract, tort, under statute or otherwise.
“Customer” means each person with whom we have contracted.
“Goods” means the goods we sell from time to time, including but not limited to any book, manual or poster.
“Intellectual Property” means intellectual property rights at any time protected by statute or law, including copyright, trademarks, patents, and registered designs.
“Loss” means, but is not limited to any loss, liability, damage, cost (including legal costs), charge and expense.
“Order” means a purchase order made by a customer for Services and as varied in writing by the parties from time to time.
“Programs” means the coaching or training events, sessions, and seminars available for purchase from us from time to time.
“Service” refers to the goods and services (including Goods and Programs) provided by us from time to time.
“you” and “your” means the customer.
“we”, “us” and “our” means El Residante Pty Ltd trading as “Josh Phegan” (ABN 55 114 927 294) and includes our directors, officers, employees, agents, and related entities, including those responsible for maintaining the Website.
“Website” refers to the website located at http://www.joshphegan.com.au.
We may from time to time amend, update or change these Terms and Conditions. We will notify you if you have a current Order and seek your acceptance of these amendments, updates, or changes.
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, unless we have agreed payment terms in advance.
(c) The content of our Service may change or be corrected 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, inaccuracy, or misstatement we will try to notify you as soon as possible, but we accept no responsibility and disclaim all liability. If the correction is substantial, we may allow you to cancel your Order and refund any part of the price for which the Service has not yet been provided.
(d) By submitting an order to us 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 is only formed once we have accepted an Order by issuing a receipt number.
(f) Multiple ticket discounts will only be applied when tickets are purchased in one transaction.
(g) You may only use one method of payment for a product or event, which includes payment plans.
2 Delivery and Shipping
(a) Delivery of Goods purchased from our website will usually take three to five working days after acceptance of an Order.
(b) Sometimes a Service may become temporarily or permanently unavailable after an Order has been accepted. We are not liable for any loss arising from delays in delivery or failure to deliver (although we will grant a refund if you do not receive a Service ordered within a reasonable period of time).
3 Refunds and Cancellations
(a) Once the price 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 three 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 suitable 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. When possible, we may give you access to a recording of a Program for a limited period of time. No refund will be granted.
(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 no refund will be granted.
(f) In the event that we are unable to provide all or part of a Service, we will give you notice in writing as soon as possible. We may refund any part of the price for which the Service has not yet been provided. If a refund is granted you acknowledge that we have no further liability in respect of the Service. If the event is Blue-print and we are unable to conduct the event at the Ivy Sydney, your ticket will be transferred to a “virtual” experience on the same day(s) unless a refund is granted.
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”:
(i) This Service is for one-on-one coaching sessions with Josh Phegan.
(ii) We will contact you at the scheduled session time/s by telephone using the phone number notified by you 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 a session, you must do so at least 24 hours prior to your scheduled session time. We will reschedule your appointment within one month of the date of the scheduled session cancelled or postponed; and
(vi) Should you default, we reserve the right to cancel scheduled coaching sessions in addition to taking recovery action for the moneys owed.
(b) This clause applies to the Program titled “30 Day Intense Coaching”:
(i) This Service is for a one-month program of one-on-one coaching sessions with Josh Phegan by telephone.
(ii) We will contact you each business day throughout the course of the 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) If for some reason you are not contactable or Josh’s schedule does not permit the call to proceed at the agreed time on any given day, you must SMS to us your results.
(v) You will be advised at the time of purchase of this Program of the days when Josh will be unavailable to make the call.
(vi) To make up for any days when Josh is unavailable, we will notify you of alternative day(s) and time(s) 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; and
(viii) Should you default, we reserve the right to cancel scheduled coaching sessions in addition to taking recovery action for the moneys owed.
(c) This clause applies to the Program titled “In-house Training (full day events)”:
(i) Payment of a 25% deposit for all sessions is required before will schedule training dates in our diary.
(ii) All full day in-house training events are non-refundable. If you have previously cancelled an “In-house Training (full day events)” then Orders for further events will only be accepted if payment in full for the event is made not less than 30 days before the scheduled date of the event.
(iii) Our payment terms are strictly 7 days from the date of invoice: and
(iv) Should you default, we reserve the right to cancel scheduled events in addition to taking recovery action for the moneys owed.
(d) This clause applies to the Service titled “Keynote/Presentation Design”:
(i) Where presentations are prepared in accordance with your requirements and they include use of third-party provider’s licenced image(s), those images may only be used for the limited purpose of the presentation and your usage rights are subject to the terms and conditions of the licence granted by the third-party provider.
(e) This clause applies to the Service titled “Josh Phegan Digital”:
(i) Our subscription is for a 12-month period commencing from the date of joining.
(ii) Our payment terms are strictly 7 days from the date of invoice: and
(iii) The price is non-refundable, and any agreed payment plan cannot be cancelled, nor will any refund be granted after the Order has been accepted by us.
5 Conditions of Use
It is a condition of your use of the Website or any Service that you do not:
(a) Whilst doing so defame, abuse, stalk, harass, threaten, or otherwise violate the legal rights of any person.
(b) Falsely represent to others that you are in any way associated or affiliated with us without first obtaining our written consent.
(c) Use, adapt, translate, disassemble, reproduce, sell, resell, or otherwise exploit any of our intellectual property.
(d) Exploit in any way information made available or published on the Website for commercial purposes without first obtaining our written consent.
(e) Breach any privacy rights; or
(f) Access or attempt to access any Service you are not authorised to use.
You agree to indemnify, defend, and hold us harmless from all Loss and Claims that arise directly or indirectly from:
(a) Your breach of this Agreement; or
(b) Your activities in connection with the Website or the use of any Service.
7 No Warranties
- To the extent permitted by applicable law, all warranties, and conditions whether express, implied, or statutory concerning the Services are excluded (including warranties as to merchantability and fitness for a particular purpose), save the warranties otherwise given in these Terms & Conditions.
- We make no warranty that the Website or a Service will be uninterrupted or error-free.
- 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 publication. Such information may change at any time and is subject to any updated information we receive. We may use material from third parties in good faith, but it 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 the material on those websites, or any associated organisation, product, or service. We are not responsible for material contained in any website that links to the Website or for the privacy practices or the content of such websites.
- The material on the Website and any advice given as part of any Service is general in nature and is given in good faith and is believed to be accurate, appropriate, and reliable at the time it is given. It is provided without any warranty of accuracy or appropriateness. We do not accept any liability or responsibility for any Loss suffered as a result of your reliance on such advice. You should carefully evaluate the accuracy, currency, completeness, and relevance of advice for your purposes.
- We do not provide professional legal or financial advice and you should obtain it when necessary.
8 Limitation of Liability
To the fullest extent permissible at law, we are not liable to you for direct, indirect, punitive, incidental, special, consequential damages or any damages whatsoever including, without limitation, damages for loss of use, data or profits, arising out of or in any way connected with the provision of the Services, or otherwise arising out of the provision or a failure to provide the Services and arising from:
(a) The use or the inability to use the Website or the Service.
(b) The unauthorised access to or alterations of your transmissions or data by third parties.
(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 or any Services, you should carefully evaluate its accuracy, currency, completeness, and relevance for your purposes.
Our liability is limited to the maximum of the price paid by you or the cost of supplying the Service again.
You indemnify us against any Claim made against us by any third party.
We are not liable for interference with or damage to your computer system(s) in connection with the use of a Service, the 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 might interfere with or damage the operations of your information technology system. You should make and rely upon your own information technology system protections.
10 Intellectual Property
(a) In using the Website or any Service you must not making any unauthorised use of our intellectual property, in particular the “Josh Phegan” brand.
(b) The Website and materials used in the Services may contain material in which third parties’ own intellectual property rights. You must not infringe these intellectual property rights. You indemnify us against any Claim or Loss we incur directly or indirectly connected to any breach by you of the intellectual property rights of third parties.
- Any intellectual property rights in any works created by us in performing the Services for you will vest in us and remain our property. Subject to your observing these Terms & Conditions we grant you a non-exclusive licence to use any intellectual property created in these works for the purposes intended at the time of the Order.
- You warrant with respect to any materials supplied by you to us for the purposes of the Order that you own all intellectual property in them or have a licence to reproduce or use those materials. You indemnify us against any Claim or Loss we incur directly or indirectly connected to any breach of intellectual property rights with respect to any material you supply to us.
11 Recording of audio & video
(a) Online Josh Phegan events via Zoom are both audio and video recorded. You consent to the recording of these events and to distribution of the audio and/or video recording to other attendees.
(b) We may record the provision of other services set out in clause 4 but will not distribute either the audio or video recording to any third party without first obtaining your consent in writing.
12 Force majeure
(a) If circumstances beyond our control prevent or hinder our provision of the Services, we are free from obligation to provide the Services whilst those circumstances continue. We may elect to terminate this Agreement or keep the agreement on foot until those circumstances have ceased.
(b) Circumstances beyond our control include, but are not limited to, unavailability of materials, natural disasters, fire, war, act of God, pandemic or epidemic, government decrees, proclamations or orders, transport difficulties and failures or malfunctions of computers or other information technology systems.
(a) This Agreement contains the entire agreement between us as to its subject matter and may only be amended in writing signed by you and us.
- Notices must be given to the parties’ addresses set out in the Order or as otherwise notified by the parties in writing and must be delivered in person or sent by e-mail, fax or prepaid post.
- You must not assign any of its rights or obligations under this Agreement without our prior written consent.
- No delay or indulgence by a party in enforcing this Agreement will prejudice or restrict the rights of that party, nor will a waiver of those rights operate as a waiver of a subsequent breach.
- No part of this Agreement is to be construed to our disadvantage because we prepared it.
- Nothing in this Agreement may be construed as creating a relationship of partnership, joint venture, employment, principal and agent or trustee and beneficiary.
- A party, at the request of another party, must do all things and sign all documents necessary to give effect to this Agreement.
- If any provision of this Agreement is or becomes invalid or unenforceable then, if the provision can be read down to make it valid and enforceable without materially changing its effect, it must be read down, and otherwise the offending provision must be severed and the remaining provisions will operate as if the provision had not been included.
- This Agreement is governed by the laws of New South Wales, Australia, and the parties submit to the non-exclusive jurisdiction of the Courts of that State.
How Current is this Agreement?
This Agreement was last updated on 14th March, 2022.
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 email: firstname.lastname@example.org