10% off on 5 or more tickets 

Prospecting School Auckland

10% off for 5 or more tickets

Prospecting School Brisbane

Prospecting School Melbourne

5 or more 

Prospecting School Sydney

Group of 3

Prospecting School Virtual

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”).

“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.

(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.

(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).

(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 “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.

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.

(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.

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.

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.

Josh Phegan

The protection of private and confidential information is fundamental to El Residante Pty Ltd trading as Josh Phegan (ABN 55 114 927 294) (“Josh Phegan”, “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”).

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.

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 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.

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.

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.

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.

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

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

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:

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.