1. About this agreement
By checking the box marked “I have read and agree to the Terms & Conditions” on the Website you agree to be bound by these terms and conditions (Agreement).
In this Agreement:
“Checkout Process” means the creation of an account with us when you complete the electronic and interactive Digital creation and payment form on the Website where you select your desired number of Members, select a period of 1 year, enter your contact details, and effect payment for the Service
“Member” means a user of the Service
“Service” means the streaming of video and audio content on the Website from time to time
“Service Fee” means the fees payable by you on an annual or monthly basis for access to the Service and Digital at the Website, being the amount indicated to you during the Checkout Process, which may be modified during the Holding Over Period.
“Term” has the meaning given in Clause 2 of the Agreement
“we”, “us” and “our” means El Residante Pty Ltd ACN 114 927 294 trading as Josh Phegan ABN 55 114 927 294
“Website” means the websites located at http://www.joshphegan.com.au and joshphegan.com.au/digital
“you” means the legal entity entering into this Agreement with us
The Agreement applies to the use of the Service.
Please read this Agreement carefully before agreeing to be bound.
If you disagree with any part of the Agreement, do not check the box marked “I have read and agree to the Terms & Conditions”.
2. Term and Price
(a) In consideration of us providing the Service and Website to you during the Term, you will pay us the Service Fee being the amount indicated to you during the Checkout Process, pursuant to the terms set out on our Website and this Agreement.
(b) All prices are in Australian Dollars and inclusive of GST, unless otherwise indicated.
(c) The Service will be provided to your Members for the period of 1 year selected by you during the Checkout Process (the Initial Period) after your payment has been successfully processed. You may elect to extend the Initial Period by notifying us in writing through the Website provided that you pay us the additional Service Fee that will be advised to you on the Website.
(d) The Term commences once you complete the Checkout Process and expires at the later of:
(i) the last day of the Initial Period; and
(ii) the last day of the Holding Over Period.
(e) If you do not advise us that you wish to cancel the Service we provide to you before the end of the Initial Period, this Agreement will continue on a monthly or annual basis (which was selected by you during the Checkout Process) after the Initial Period until it is terminated in writing by you or we by giving at least one month’s notice to the other party (Holding Over Period).
(f) During the Holding Over Period the terms of this Agreement continue to apply, modified so as to apply to a monthly subscription to our Service.
(g) During the Holding Over Period you must pay to us an amount equal to 1/12th of the annual Service Fee for the number of Members selected by you during the Checkout Process on a monthly basis.
(h) We may increase the Service Fee under this Agreement at any time during the Holding Over Period by giving you one month’s written notice.
(i) The Service may be subject to change 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 endeavour to notify you as soon as possible and allow you to cancel your order and obtain a refund if desired.
(j) By agreeing to be bound by the Agreement 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.
(k) You are not entitled to receive the Service until we have provided you with a receipt number. We will provide you with a receipt number within a reasonable time of your payment.
(l) We may suspend your account, provision of the Service to you and/or terminate this Agreement should you default in the payment of the Service Fee when it falls due and payable or if a payment you made is declined.
Sometimes the Website, the Service, or parts of the Service, may be unavailable. We are not liable for any loss arising from unavailability of the Website or the Service.
4. Refunds and Cancellations
(a) Once payment for the Service has been completed, no refund will be issued for change of mind. Before making payment ensure the Service meets your requirements.
(b) In the event that we do not continue the Service before the termination of this Agreement, we will endeavour to give you notice in writing and refund the balance of funds net of reasonable fees and charges and dependent upon use. Once the refund has been issued, you acknowledge we have no further liability in respect of the cancellation.
(c) If you wish to terminate this Agreement before the end of the Initial Period, you must pay us a termination fee equivalent to the balance of the Service Fee owed to us on your contract.
5. Conditions of Use
You must not:
(a) defame, abuse, stalk, harass, threaten or otherwise violate the legal rights of others, including rights relating to privacy;
(b) falsely represent to others that you or your association is affiliated or associated with us, the Website or the Service;
(c) use, adapt, translate, disassemble, reproduce, sell, resell or otherwise exploit 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.
You agree to indemnify, defend and hold us and our employees, agents, contractors, officers and directors harmless from all liabilities, claims and expenses, including legal fees and court costs, arising from:
(a) your breach of this Agreement; or
(b) your activities in connection with the Website including the Service.
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 including video content streamed from the Service is done at your own risk. You are solely responsible for any damage to your computer system or loss of data as a result of your use of the Website or the Service; and
(d) no advice or information obtained by you through the Website or Service will create any warranty.
8. Limitation of Liability
You agree that we will 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) your use or inability to use the Website;
(b) the unauthorised access to or alterations of your transmissions or data;
(c) the loss or misuse the Website or the Service;
(d) statements or conduct of any third party on or in relation to the Website or the Service; or
(e) any other matter relating to the Website or Service.
Before relying on the information or material on this Website or the Service, users should carefully make their own evaluation of its accuracy, currency, completeness and relevance for their own purposes.
In some cases, material on the Website and the Service 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 or endorsement of 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 the Service, Website or a linked website. You must take your own precautions to ensure your computer system is free from interference including but not limited to viruses, malware, and the like.
All content on the Website and the Service is subject to copyright. Apart from any use permitted under the Copyright Act 1968, all rights are reserved.
The Website and the Service may contain material in which third parties own the copyright. Copying such material may infringe the rights of others.
Signs and content relating to the “Josh Phegan” brand, the Website and the Services are our intellectual property. Unauthorised use is prohibited. Other signs and content mentioned on the Website and the Service may be the intellectual property of other parties.
We (including our directors, officers, employees, agents and related entities responsible for maintaining the Website) accept no responsibility in respect of any errors, inaccuracies or misstatements contained on the Website or the Service. You should make your own inquiries to verify information found on the Website or the Service.
All information available on the Website or the Service, including but not limited to information relating to third party service providers, publications, guides and general information relating to coaching and training is current at the time it is uploaded to the Website. Such information may change at any time and is subject to any updated information we receive.
The material on the Website including the Service 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 or the Service.
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.
We accept no responsibility for any loss or damage caused by any website that links to the Website.
By agreeing to be bound by the Agreement you agree that the laws of New South Wales govern the conduct and operation of the Website and the Service. The courts of New South Wales have exclusive jurisdiction over all claims or disputes arising in relation to, out of, or in connection with the Website and the Service.
13. Changes to this Agreement
We may modify the Agreement at any time. Such modifications will be effective immediately upon the modified Agreement being published on the Website. Your continued access or use of the Website and the Service constitutes acceptance of the modified Agreement.
14. Entire Agreement
This Agreement constitutes the entire agreement between you and us.
How current is the Agreement?
The Agreement was last updated on 1st November, 2019.
15. 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 email: firstname.lastname@example.org