TERMS AND CONDITIONS
Please print and read these terms and conditions in full, then retain for your information. By accepting a quote or by payment of your invoice, you agree to these Terms and Conditions. Please note that these Terms and Conditions are subject to change at any time.
The below terms and conditions on this page apply for booked services such as workshops, conferences, events, and coaching visits. However, in the event of a postponement being necessary due to COVID-19 health recommendations and social distancing requirements, no cancellation fee will be charged. In the case of your event being postponed the following options are available to you:
1) Postpone to a new date. If flights or accommodation has been booked, these will be transferred to new dates. You may be required to pay an airline transfer fee or an accommodation cancellation fee if incurred - however, currently these are also frequently being waived by venues and airlines.
2) Receive a credit note. You may choose to transfer the services booked in your invoice to a credit note for use on other products and services such as books, kits, workbooks, and self paced or live online training. This credit note will be valid for 12 months.
Please note - it is your responsibility to notify Phoenix Support if any of your team are required to isolate or quarantine the day prior to your event. If there is a known outbreak in your area, causing travel restrictions, our team may be required to postpone.
Payment of Invoices
Preferred payment is Electronic Funds Transfer (EFT).
Direct Deposit to: PHOENIX SUPPORT FOR EDUCATORS PTY LTD
Financial institution: Westpac
BSB: 034070 A/C: 537837
State your INV # as the description in your EFT transaction.
All payments and invoices are strictly non-refundable.
Returns and Refunds Policy
Phoenix Support for Educators Pty Ltd handles returns and processes refunds in accordance with the Australian Consumer Protection legislation. Please note that we do not offer refunds on any of our products or services due to changes of mind, so please choose carefully.
If you are not entirely satisfied with your purchase, please notify us immediately as we value all customer feedback and enquiries.
If the presenter / facilitator that is booked to deliver your service is unwell or cannot attend your booked in-service visit, we will contact you to offer either an alternative facilitator or negotiate another date.
In the event of a conference presentation, if the presenter is unable to attend due to unexpected circumstances, you will be contacted by email and phone as soon as possible. Following that, every effort will be made to find a suitable replacement. This replacement will then be offered to you. If you decline the replacement, a full refund will be provided.
The Intellectual Property of Phoenix Support shall remain the property of Phoenix Support for Educators Pty Ltd and / or Phoenix Cups IP Holdings Pty Ltd indefinitely and shall be kept confidential indefinitely, unless with the prior written consent from Sandi Phoenix, managing director of Phoenix Support for Educators PTY LTD.
Process of engagement of services / confirmation of booking
A booking is confirmed upon acceptance of a quote and mutual agreement of the booked date. The booked date needs to be confirmed in writing by both parties. You will be sent a booking form with your invoice, in which you will be asked to confirm the date and return the form electronically. This booking form is essential to confirm booked date - please note, payment of invoice is not a booking confirmation if it is not followed by or preceded by a completed, sent and acknowledged booking form. If you have not been sent a confirmation email within 2 weeks prior to your booked date, it is your responsibility to confirm the date you are expecting your event to be on with Phoenix Support head office by phoning 1300 361 243 (no later than 1 week of your booked date).
Phoenix Support will proceed with work upon payment of the invoice and completed booking form unless otherwise arranged.
The client shall notify Phoenix Support in writing of any objections (if any) to these terms and conditions within ten (10) days of receipt of your invoice, otherwise the agreement shall be deemed proper and acceptable to you, the client.
In the case of any objections regarding any matter of services provided by Phoenix Support, notify the director in writing within five (5) working days otherwise the services shall be deemed proper and acceptable to you, the client.
Additional information for service invoices (in-service professional development, coaching & mentoring, etc)
For booked dates to be confirmed, unless otherwise arranged, the account is due for payment within thirty (30) days of invoice. All payments are non-refundable. However, we understand that there are unavoidable and unexpected circumstances that may impact on your booking. In the event of a booked service requiring a different date, please contact Phoenix Support as soon as possible.
Change of dates
Should you wish to change dates up to one (1) month prior to your Professional Development booking, an additional administration fee may be incurred. This fee is $120 for booking postponed two (2) – four (4) weeks from booked date, and $240 for booking postponed Zero (0) – two (2) weeks from booked date.
If your booking requires postponing, Phoenix Support do not guarantee another possible date with the facilitator of your choice, but may assign a different facilitator to deliver your service.
If it is not at all possible to postpone the booked date, Phoenix Support will provide a credit note valid until the end of the same financial year that may be used on products or services.
Additional information for service requiring travel
Initial quotes and Invoices may exclude travel expenses. To ensure you pay only the travel costs incurred, we invoice you after the event for travel cost reimbursement. Travel costs may include but are not limited to: Flights, accommodation, car hire and fuel.
In the event of travel not being possible on the same day of service delivery, an hourly travel fee may be charged. e.g. In the instance of PD for one (1) day but travel needs to be undertaken on a second (2nd) or third (3rd) day, instead of the same day, a travel fee of up to $88 per hour may be incurred.
In the event of postponing a booked date when travel for service on that date has already been paid for by Phoenix Support, you will be required to pay any transfer or cancellation fees incurred by Phoenix Support from the airline, accommodation, or car hire company.
Additional information for product invoices (kits, resources, books, etc)
Please choose carefully as resources and products will not be refunded. In the event of a faulty or damaged product, please notify us via email within five (5) days of receiving the product and include photos where possible showing the damage so that we can assess and issue a replacement. To receive a replacement, please return your product in a padded PostPak via registered post to Phoenix Support PO BOX 2112 Wellington Point QLD 4160. Please enclose a self-addressed, return padded PostPak with pre-paid express or registered post via Australia Post.
Additional information for Event and Ticket (physical and online event) invoices
Tickets invoices are non-refundable but are transferable once paid. i.e. a ticket invoice under one person’s name, once paid, can be transferred to another person’s name.
Credit notes will be issued for paid ticket invoices if written notice is given of non-attendance at event at least four (4) weeks prior to event. The credit note will be valid for any event of equal value or less within the same financial year.
To provide written notice or request a transfer or credit (within terms and conditions outlined above), please email [email protected]. Following written notice, contact the Phoenix Support head office immediately by calling
Delivery of Goods
Physical goods may be delivered by either Australia Post and/or other reputable courier companies. Deliveries are processed promptly upon receipt of full payment. Delivery may take between 2 and 14 days, depending on the delivery option. Public Holidays may impact these times.
Phoenix support may conduct pre-orders for the sale of our physical resources. Shipment of the pre-ordered goods will commence once the products have been delivered to Phoenix Support.
Once your order is processed, you will receive tracking information via email. Damaged or lost orders should be resolved with Australia Post or the courier company directly and we are not responsible for goods that are damaged in transit or not received. Replacement of damaged or lost items is made at the discretion of Phoenix Support for Educators.
Digital goods are delivered immediately. Please be aware there are inherent risks associated with downloading any software and digital goods. Should you have any technical problems downloading any of our goods, please contact us so we may try to assist you.
International orders may take up to 8 weeks.
If you order products from our site that may be subject to restrictions, quarantine, import duties or taxes which are levied when the delivery reaches the specified destination, you will be responsible for payment of any such testing, quarantine or import fees, duties and taxes. Please note that we have no control over these charges and cannot predict their amount. Please contact your local customs office for further information before placing your order.
Resources by consignment
Sales Orders will be issued for stock to be sold by consignment. Vendor must retail between approved Sale price and RRP. Vendor is not permitted to sell online via e-commerce or any other online channel. Online sales must go through www.phoenix-support.com.au/shop. Consignment is for physical sales only. At the conclusion of each financial year (on 30th June), vendor is required to inform Phoenix Support via email of quantity of books remaining in stock and quantity sold. Vendor will then receive an invoice from Phoenix Support for the sold copies and re-issued with a new Sales Order for the copies remaining in stock.
Vendor is to ensure resources are in excellent condition when resources are received. If vendor does not contact Phoenix Support within 7 days for replacement stock, it is assumed that the books are in excellent condition upon delivery. Any reported damage to books after 7 days from receipt of goods will be considered damaged stock, and therefore invoiced and payable by vendor. Damaged or not returned stock will be invoiced. Should a book become damaged in stock, vendor to include in EOFY year report as sold stock to be invoiced.
You may change your details at any time by advising us in writing via email. All customer data collected is secured against unauthorized use or access. Credit card information is not stored by us on our servers.
Information We Collect From You
In the course of your visits to our website or use of our products and services, we may obtain the following information about you: name, company name, email address, telephone number, credit card details, billing address, geographic location, IP address, survey responses, support queries, blog comments and social media handles (together ‘Personal Data’).
Our services are not directed to persons under 18 and we do not knowingly collect Personal Data from anyone under 18. If we become aware that a child under 18 has provided us with Personal Data, we will delete that information as quickly as possible. If you are the parent or guardian of a child and you believe they have provided us with Personal Data without your consent, then please contact us.
You can review, correct, update or delete your Personal Data by either logging into your account and making the changes yourself or contacting us directly to do so.
How We Use Your Information
Personally Identifiable Information: We use the information we collect to deliver our services to you, including: communicating with you, providing technical support, notifying you of updates and offers, sharing useful content, measuring customer satisfaction, diagnosing problems and providing you with a personalised website experience.
Marketing communications are only sent to you if you have requested or subscribed to them. You can opt out of our marketing communications at any time by unsubscribing or emailing us and your request will be actioned immediately.
Non-Personally Identifiable Information: We may also use the information we collect in aggregated and anonymized forms to improve our services, including: administering our website, producing reports and analytics, advertising our products and services, identifying user demands and assisting in meeting customer needs generally.
Any information you choose to make publicly available, such as blog comments and testimonials on our website, or social media, will be available for others to see. If you subsequently remove this information, copies may remain viewable in cached and archived pages on other websites or if others have copied or saved the information.
Storage and Security of Your Information
We will use all reasonable means to protect the confidentiality of your Personal Data while in our possession or control. All information we receive from you is stored and protected on our secure servers from unauthorized use or access. Credit card information is encrypted before transmission and is not stored by us on our servers.
To enable us to deliver our services, we may transfer information that we collect about you, including Personal Data, across borders for storage and processing in countries other than Australia. If your Personal Data is transferred and processed outside Australia, it will only be transferred to countries that have adequate privacy protections.
We retain your personal information for as long as needed to provide services to you and as otherwise necessary to comply with our legal obligations, resolve disputes and enforce our agreements.
In the event there is a breach of our security and your Personal Data is compromised, we will promptly notify you in compliance with the applicable law.
Cookies and Pixels
Sharing Your Information with Third Parties
We do not and will not sell or deal in Personal Data or any customer information.
Disclosure of Your Information
We may from time to time need to disclose certain information, which may include your Personal Data, to comply with a legal requirement, such as a law, regulation, court order, subpoena, warrant, in the course of a legal proceeding or in response to a law enforcement agency request. Also, we may use your Personal Data to protect the rights, property or safety of Phoenix Support for Educators Pty Ltd, our customers or third parties.
If there is a change of control in one of our businesses (whether by merger, sale, transfer of assets or otherwise) customer information, which may include your Personal Data, could be transferred to a purchaser under a confidentiality agreement. We would only disclose your Personal Data in good faith and where required by any of the above circumstances.
Phoenix Support may be required, in certain circumstances, to disclose information in good faith and where required to do so in the following circumstances: by law or by any court; to enforce the terms of any of our customer agreements; or to protect the rights, property or safety of our customers or third parties.
Links to Other Websites
Limitation of Liability
It is an essential pre-condition to you using our website that you agree and accept that Phoenix Support for Educators is not legally responsible for any loss or damage you might suffer related to your use of the website, or products, or services, whether from errors or from omissions in our documents or information, any goods or services we may offer or from any other use of the website. This includes your use or reliance on any third party content, links, comments or advertisements. Your use of, or reliance on, any information or materials from Phoenix Support or on this website is entirely at your own risk, for which we shall not be liable.
It shall be your own responsibility to ensure that any products, services or information available through Phoenix Support or this website meet your specific, personal requirements. You acknowledge that such information and materials may contain inaccuracies or errors and we expressly exclude liability for any such inaccuracies or errors to the fullest extent permitted by law.
Competition and Consumer Act
For the purposes of Schedule 2 of the Australian Consumer Law, in particular Sections 51 to 53, 64 and 64A of Part 3-2, Division 1, Subdivision A of the Competition and Consumer Act 2010 (Cth), Phoenix Support for Educators Pty Ltd liability for any breach of a term of this agreement is limited to: the supplying of the goods or services to you again; the replacement of the goods; or the payment of the cost of having the goods or services supplied to you again.
You must be over 18 years of age to use this website and to purchase any goods or services.
To the fullest extent permitted by law, Phoenix Support absolutely disclaims all warranties, expressed or implied, including, but not limited to, implied warranties of merchantability and fitness for any particular purpose. Phoenix Support gives no warranty that the documents, goods or services will be free of errors, or that defects will be corrected, or that our website or its server is free of viruses or any other harmful components.
Whilst we, at all times endeavour to have the most accurate, reliable and up-to-date information on our website, we do not warrant or make any representations regarding the use or the result of the use of any document, product, service, link or information in its website or as to their correctness, suitability, accuracy, reliability, or otherwise.
It is your sole responsibility and not the responsibility of Phoenix Support to bear any and all costs of servicing, repairs, or correction. The applicable law in your state or territory may not permit these exclusions, particularly the exclusions of some implied warranties. Some of the above may not apply to you but you must ensure you are aware of any risk you may be taking by using this website or any products or services that may be offered through it. It is your responsibility to do so.
By using our services, you agree that Phoenix Support for Educators Pty Ltd is not to be held liable for any decisions you make based on any of our services or guidance and any consequences, as a result, are your own. Under no circumstances can you hold Phoenix Support liable for any actions you take nor can you hold us or any of our employees liable for any loss or costs incurred by you as a result of any guidance, advice, coaching, materials or techniques used or provided by Phoenix Support.
All our information on both the websites and in consultations is intended to assist you and does not in any way, nor is it intended to substitute professional, financial or legal advice. Results are not guaranteed and takes no responsibility for your actions, choices or decisions.
We do not and will not sell or deal in personal or customer information. We may however use in a general sense without any reference to your name, your information to create marketing statistics, identify user demands and assist in meeting customer needs generally. In addition, we may use the information that you provide to improve our website and services but not for any other use.
Exclusion of Competitors
If you are in the business of creating similar documents, goods or services for the purpose of providing them for a fee to users, whether they be business users or domestic users, then you are not permitted to download any documents or information from this website or obtain any such documents or information through a third party. If you breach this term then Phoenix Support will hold you fully responsible for any loss that we may sustain and further hold you accountable for all profits that you might make from such unpermitted and improper use of our intellectual property. Phoenix Support reserves the right to exclude and deny any person access to our website, services or information in our sole discretion.
Copyright, Trademark, and Restrictions of Use
This website contains material which is owned by or licensed to us. This material includes, but is not limited to, the design, layout, look, appearance, trademarks, intellectual property, and graphics. You are not permitted to reproduce the documents, information or materials on the website for the purposes of sale or the use by any third party. In particular you are not permitted to republish, upload, transmit electronically or otherwise distribute any of the materials, documents or products that may be available for download from time to time on this website.
Phoenix Support for Educators Pty Ltd expressly reserves all copyright and trademark in all documents, information and materials on our website, events, resources, and services, and we reserve the right to take action against you if you breach any of these terms.
Any redistribution or reproduction of part or all of the contents in any form is prohibited other than the following: you may print or download to a local hard disk extracts for your personal and non-commercial use only; and you may copy the content to individual third parties for their personal use, but only if you acknowledge the website as the source of the material.
You may not, except with our express written permission, distribute or commercially exploit the content. Nor may you transmit it or store it in any other website or other form of electronic retrieval system.
These terms and conditions represent the whole agreement between you and Phoenix Support concerning your use and access to www.phoenix-support.com.au and your use and access to the documents, resources, events, services, and information within it. No other term is to be included in this agreement except where it is required to be included by any legislation of the Commonwealth or any State or Territory. All implied terms except those implied by statute and which cannot be expressly excluded are hereby expressly excluded.
Exclusion of Unenforceable Terms
Where any clause or term above would by any applicable statute be illegal, void, or unenforceable in any State or Territory then such a clause shall not apply in that State or Territory and shall be deemed never to have been included in these terms and conditions in that State or Territory. Such a clause if legal and enforceable in any other State or Territory shall continue to be fully enforceable and part of this agreement in those other States and Territories. The deemed exclusion of any term pursuant to this paragraph shall not affect or modify the full enforceability and construction of the other clauses of these terms and conditions.
Use of Website Content
All images, photographs, graphics, data, including but not limited to moving images, videos and other content (together “Material”) on this website are protected by Australian and international copyright, trademark, patent and other laws relating to intellectual property. You may not do anything which interferes with or breaches those laws or our intellectual property rights in the Material. Any unauthorized use of any Material may violate such laws and we do not grant any express or implied permission to you to use any Material. You may not copy, republish, link to, download, modify, adapt, repost, reverse engineer, create derivative works based on or otherwise use any of the Material on this website without a licence or an agreement from us.
You can purchase the Material featured on this website. If you decide to purchase Material, you may not reproduce, display, transmit, distribute or otherwise exploit the Material, or any portion thereof, in any manner, including, without limitation, print or electronic reproduction, publication or any display of Material except in accordance with the agreed licensing provisions. Materials are intended for your personal use only, unless otherwise specified in the agreed licensing provisions. You may not use or reproduce Material in such a manner as to suggest an affiliation with or endorsement by any product, person or entity that is not affiliated with you. For any other use or distribution, you must have express written consent from us.
Amendment of Terms
We reserve the right to change, modify, add or remove portions of these terms at any time. Please check these terms regularly prior to using our website to ensure you are aware of any changes. We will endeavour to highlight any significant or substantive changes to you where possible. If you choose to use our website then we will regard that use as conclusive evidence of your agreement and acceptance that these terms govern your and Phoenix Support for Educators Pty Ltd rights and obligations to each other.
Last updated: 18th March 2021