In these Terms and Conditions (Terms), “we” or “us” means Perpetual Returns Pty Ltd trading as Red Phoenix Consultants ABN 81 130 003 833, its successors and assignees and “you” means the person, organisation or entity that purchases products or related services from us. The Terms apply to: (i) all sales made by us to consumers, and (ii) all bookings made with us for a for Feng Shui with Red Phoenix Consultants, through our website available at www.redphoenixconsultants.com.au (Site).
These Terms form the agreement under which we will supply products and services to you. Please read the Terms carefully. Please contact us if you have any questions, before you purchase our products or related services from us. You can contact us.
Your purchase from us indicates that you have had sufficient opportunity to access the Terms and contact us, that you have read, accepted and will comply with the Terms, and that you are eighteen (18) years or older. You must not order products or services from us if you are under eighteen (18) years of age. If you do not agree to the Terms, do not purchase from us.
You may order with us as set out on the Site
We may at our discretion accept or reject an order depending on factors including availability of services and our ability to validate payment for the services.
It is your responsibility to check the order details, including product and pricing, before you complete your order on our Site.
We will provide you with an order summary, containing the order ID, the shipping and billing addresses and a description of what was ordered, when you order and pay on our Site and your payment has been validated.
A binding agreement comes into existence between you and us, once we have given you an order number. No changes to the Terms will be effective unless we both agree to the changes in writing.
You agree to pay the purchase price specified on the Site at the time that you place your order for the purchase of a service, plus any applicable charges based on the options selected by you. All amounts are stated in Australian dollars. All purchase prices include Australian GST (where applicable). Delivery and any insurance charges will be separately shown. GST means GST as defined in the A New Tax System (Goods and Services Tax) Act 1999 (Cth) as amended from time to time or any replacement or other relevant legislation and regulations.
You must pay for the service using the payment methods available on the Site. Payments may be processed via a merchant gateway. This online merchant is located in Australia.
Your payment will be processed upon receipt of your order. You must not pay, or attempt to pay, for an order through any fraudulent or unlawful means. If your payment is not able to be successfully processed then your order may be cancelled.
Any payments made via PayPal shall be made in accordance with the PayPal Terms and Conditions.
Any payments made via Stripe shall be made in accordance with the Stripe Terms and Conditions.
3. Availability and Cancellation
All purchases made with us are subject to availability. If there is a considerable delay in booking your service, or if for any reason, we cannot supply your order, we will contact you using the contact details provided by you when you placed the order. You can choose a refund, store credit, or to put your order on backorder as agreed with you. If you choose a refund or store credit, any delivery costs you have paid for the product will be refunded to you. If you choose to put your order on backorder, we will contact you to arrange for delivery once the product is available.
We reserve the right to refuse supply of the services ordered by you, terminate your account, terminate our contract with you, and remove or edit content on our Site at our sole discretion, without incurring any liability to you.
4. Return, Refund and Exchange Policy
We do not provide refunds for any of our services, including downloadable products, for change of mind.
Subject to this clause, we will not accept for return any product that has been used, connected, installed, attempted to be connected or installed, or if your product is custom-made or is a special buy product.
You have a duty of care to follow instructions laid out in the report you receive.
If you wish to book a service with Red Phoenix Consultants whether it be conducted face-to-face or via phone or Skype, we may require you to create an account to book an appointment using an online scheduler.
You agree and accept that services are provided to you on these Terms.
You accept these Terms by booking a service.
For all services, you are required to pay a deposit as set out on the Site (Deposit) to secure your booking, and the balance of the fee as set out on the Site (Balance) at a later date.
If we do not receive a Deposit for the service you have chosen your booking will not be scheduled and confirmed.
6. Prices and payment
You agree to pay us the Deposit and Balance for the service that you have requested, as set out on the Site. All amounts are stated in Australian dollars.
The Deposit is non-refundable and non-transferable.
Full payment of the Balance is required, at our sole discretion, either at:
Completion of the service; or
As agreed between the Parties in writing.
You acknowledge and agree that:
if the Balance is to be paid at the completion of the service and you do not pay, we have the right to engage debt collection services for the collection of unpaid and undisputed debt, and the right to commence legal proceedings for any outstanding amounts owed to us; and
If we are unable to process payment prior to your requested booking date and time, your booking will not be scheduled and confirmed.
If and when applicable, GST payable for the Services will be indicated to you. By accepting these Terms, you agree to pay us an amount equivalent to the GST imposed on these charges.
Our pricing structure or payment methods may be amended from time to time in our discretion.
7. Location and timing
In order to participate in your service, you agree to attend at the time and location chosen by you when making your booking. Incorrectly scheduled bookings will be treated as a missed appointment within 48 hours in accordance with our Cancellation Policy set out below at clause 8.
8. Cancellation Policy
You are able to cancel a service by:
Notifying us through the contact form available on the Site; or
Replying to the confirmation email sent to you to confirm the date and time of your service.
We require at least 48 hours’ notice if you wish to cancel a service.
If you cancel your service at least 48 hours prior to your scheduled service, we will retain your Deposit and provide you with a refund of the Balance, if it has already been paid.
If you cancel your Service less than 48 hours prior to your scheduled Service, we will retain your Deposit and we may, at our sole discretion, charge you the Balance for your scheduled Service.
We will use reasonable endeavours to accommodate any request for changes to bookings which are received at least 48 hours prior to your service.
If you make a request to reschedule within 48 hours of the scheduled Service, we may, at our sole discretion, either reschedule or cancel the service. If we elect to cancel the service, it will be treated as a cancellation within 48 hours in accordance with our Cancellation Policy at clause 10.
10. Client acknowledgements
You warrant that:
There are no legal restrictions preventing you from agreeing the Terms;
You will cooperate with us and provide us with information and comply with requirements in a timely manner, as requested by us from time to time, that are reasonably necessary to enable us to perform the Services;
The information you provide to us is true, correct and complete;
For Phone Services, that you have provided us with a working phone number and/or Skype address (as applicable);
You will not infringe any third party rights in working with us and receiving the Service;
You will inform us if you have reasonable concerns relating to the Service under the Terms, with the aim that we and you will use all reasonable efforts to resolve the concerns; and
You consent to the use of your name and Intellectual Property in relation to the Service in a way which may identify you.
In participating in a Service, you acknowledge and agree that:
The Service may be an emotional and possibly confronting experience;
The Service that is given is subject to your own personal interpretation and is not to be treated as professional medical, psychological, legal and/or financial advice;
The accuracy, completeness and/or applicability of a Service is not guaranteed;
iv. You will cooperate throughout the Service and not to perform any acts or omissions which may interfere with the Service; and
You will not record, film or otherwise capture the Service.
You acknowledge and agree that your Service may be recorded by us and we may, in our sole discretion, provide you with a complimentary copy of the recording. The recorded Service is strictly for personal use and must not be republished or redistributed by you.
You may terminate these Terms by cancelling your appointment as per the Cancellation Policy set out above at clause 8.
You acknowledge and agree that a Service may be cancelled or terminated by us, at any time, including during the Service, in our sole discretion.
If your Service is cancelled or terminated by us, prior to the Service, we may, at our sole discretion, provide you with a refund of any payments which have been made by you.
If your Service is terminated during the Service, we may, at our sole discretion, do either of the following:
Provide you with a refund of payments made by you;
Retain your Deposit; or
Request that you make full payment for the Fees.
We may terminate these Terms immediately, in our sole discretion, if:
We consider that a request for a Service is inappropriate, improper or unlawful;
If you fail to provide us with clear or timely instructions to enable us to provide the Service;
We consider that our working relationship has broken down including a loss of confidence and trust;
For any other reason outside our control which has the effect of compromising our ability to attend or perform the Service; or
You fail to make payments of our Deposit or Fees as requested.
On termination of these Terms you agree to promptly return (where possible), or delete or destroy (where not possible to return), our Confidential Information and Intellectual Property, and/or documents containing or relating to our Confidential Information and Intellectual Property.
On termination of these Terms, we agree to promptly return (where possible), or delete or destroy (where not possible to return), your Confidential Information and Intellectual Property, and/or documents containing or relating to your Confidential Information and Intellectual Property.
On completion of the Services, we will retain your documents (including copies) as required by law or regulatory requirements. Your express or implied agreement to the Terms constitutes your authority for us to retain or destroy documents in accordance with the statutory periods, or on termination of these Terms.
The accrued rights, obligations and remedies of the Parties are not affected by the termination of these Terms.
12. Intellectual Property
Intellectual Property includes but is not limited to:
All present and future rights to intellectual property including inventions and improvements, trade marks (whether registered or common law trade marks), patents, designs, copyright, any corresponding property rights under the laws of any jurisdiction;
All rights in respect of an invention, discovery, trade secret, secret process, know-how, concept, idea, information, process, data, formula or work product; and
All work product developed in whole or in part by Red Phoenix Consultants.
Red Phoenix Consultants owns all Intellectual Property rights in the products and company branding, as between us and you.
13. Confidential information
Confidential Information includes confidential information about your Service, the business, structure, programs, processes, methods, operating procedures, activities, products and services, trade secrets, know how, financial, accounting, marketing and technical information, customer and supplier lists (including prospective customer and supplier information), ideas, concepts, know-how, Intellectual Property, technology, and other information whether or not such information is reduced to a tangible form or marked in writing as "confidential".
We, including our employees and contractors, agree not to disclose your Confidential Information to any third party; to use all reasonable endeavours to protect Confidential Information from any unauthorised disclosure; only to use the Confidential Information for the purpose for which it was disclosed by you and not for any other purpose.
You, including your employees and contractors, agree not to disclose our Confidential Information to any third party; to use all reasonable endeavours to protect Confidential Information from any unauthorised disclosure; and only to use the Confidential Information for the purpose for which it was disclosed or provided by us to you, and not for any other purpose.
These obligations do not apply to Confidential Information that:
Is authorised to be disclosed;
Is in the public domain and/or is no longer confidential, except as a result of breach of these Terms;
Is received from a third party, except where there has been a breach of confidence; or
Must be disclosed by law or by a regulatory authority including under subpoena.
The obligations under this clause will survive termination of these Terms.
14. Feedback and dispute resolution
Your feedback is important to us. We seek to resolve your concerns quickly and effectively. If you have any feedback or questions about our products or services, please contact any member of our staff.
If there is a dispute between the parties in relation to these Terms, the parties agree to the following dispute resolution procedure.
The complainant must tell the respondent in writing, the nature of the dispute, what outcome the complainant wants and what action the complainant thinks will settle the dispute. The parties agree to meet in good faith to seek to resolve the dispute by agreement between them (Initial Meeting).
If the parties cannot agree how to resolve the dispute at the Initial Meeting, any party may refer the matter to a mediator. If the parties cannot agree on who the mediator should be, the complainant will ask the Law Society of New South Wales to appoint a mediator. The mediator will decide the time and place for mediation. The parties must attend the mediation in good faith, to seek to resolve the dispute.
Any attempts made by the parties to resolve a dispute pursuant to this clause are without prejudice to other rights or entitlements of the parties under these Terms, by law or in equity.
15. Australian Consumer Law
Certain legislation, including the ACL in the Consumer and Competition Act 2010 (Cth), and similar consumer protection laws and regulations may confer you with rights, warranties, guarantees and remedies relating to the provision of services by us to you which cannot be excluded, restricted or modified (Statutory Rights). Nothing in the Terms limits or excludes any guarantees, warranties, representations or conditions implied or imposed by law, including the ACL or any liability under the ACL, which by law may not be limited or excluded.
We exclude all implied conditions and warranties except for your Statutory Rights, to the extent permitted by law, including but not limited to:
We expressly disclaim any implied or express guarantees, warranties, representations or conditions of any kind, which are not stated in these Terms;
We do not warrant that the Site or your access to the Site will be error free, that any defects will be corrected or that the Site or the server which stores and transmits material to you are free of viruses or any other harmful components;
We take no responsibility for, and will not be liable for, the Site or any of our products and/or services being unavailable; and
We will not be liable for any loss, damage, costs including legal costs, or expense whether direct, indirect, incidental, special , consequential and/or incidental, including loss of profits, revenue, production, opportunity, access to markets, goodwill, reputation, use or any indirect, remote, abnormal or unforeseeable loss, or any loss or damage relating to business interruption, loss of programs or other data on your information systems or costs of replacement goods, or otherwise, suffered by you or claims made against you, arising out of or in connection with the Site, inability to access or use the Site, the products, the services, the late supply of products, or the Terms, even if we were expressly advised of the likelihood of such loss or damage.
Applicable to sales only
If you are a consumer as defined in the ACL, the following notice applies to you: "Our goods come with warranties and guarantees that cannot be excluded under the Australian Consumer Law (Consumer Guarantees). You are entitled to a replacement or a refund for a major failure and for compensation for any other reasonably foreseeable loss or damage. You are also entitled to have the goods repaired or replaced if the goods fail to be of acceptable quality and the failure does not amount to a major failure."
Your product may come with a manufacturer's warranty. The manufacturer's warranty is in addition to but may overlap with any rights and remedies you may have under applicable law, including any Consumer Guarantees. If you are not considered a "consumer" within the meaning of the ACL, the manufacturer's warranty may be your sole remedy. You should check the manufacturer’s warranty, as many manufacturers' warranties do not apply in a business or commercial setting. Please contact the manufacturer if you would like to make a claim under the manufacturer's warranty.
Applicable to bookings only
If you are a consumer as defined in the ACL, the following applies to you: We guarantee that the services we supply to you are rendered with due care and skill; fit for the purpose that we advertise, or that you have told us you are acquiring the services for or for a result which you have told us you wish the services achieve, unless we consider and disclose that this purpose is not achievable; and will be supplied within a reasonable time. To the extent we are unable to exclude liability; our total liability for loss or damage you suffer or incur from our services is limited to us re-supplying the services to you, or, at our option, us refunding to you the amount you have paid us for the services to which your claim relates.
16. Disclaimers and limitation of liability
While the information and material contained on the Site is believed to be accurate and current, it is provided by us in good faith on an "as is" basis, and Red Phoenix Consultants and the directors, officers and employees of Red Phoenix Consultants accept no responsibility for and make no representations or warranties to you or to any other person as to the reliability, accuracy or completeness of the information contained on the Site.
You acknowledge and agree that any insights or guidance provided in our products or through the Services is not professional advice or personal recommendations. Red Phoenix Consultants provides no guaranteed results, and take no responsibility and are not liable for any decisions or actions that you take following use of any of our products or your Service. Your reliance on any information provided to you through our products or Services is at your own risk.
Where the delivery of products or provision of any of our services depends on your information or response, we have no liability for a failure to deliver the products or perform the services, which is affected by your delay in response, incomplete or incorrect information.
We will not accept liability for a failure to provide you with a Phone Service where you have provided an incomplete or incorrect phone number or Skype address (whichever is applicable) or where we are unable to reach you due to faulty phone lines or faulty internet connections.
On request by you, we may provide you with contact details of third party specialists. This is not a recommendation by us for you to seek their advice or to use their services. We make no representation or warranty about the third party advice or provision of services, and we disclaim all responsibility and liability for the third party advice or provision of services, or failure to advise or provide services.
Our total liability arising out of or in connection with the products, any of our services, or the Terms, however arising, including under contract, tort (including negligence), in equity, under statute or otherwise, will not exceed the total price paid by you for the purchase of products and/or services under the Terms.
This clause will survive the termination of these Terms.
You are liable for and agree to indemnify, defend and hold us harmless for and against any and all claims, liabilities, suits, actions and expenses, including costs of litigation and reasonable legal costs, resulting directly or indirectly from:
Any information that is not accurate, up to date or complete or is misleading or a misrepresentation;
Any breach of these Terms; and
Any misuse of any of our products or services from or by you, your employees, contractors or agents.
You agree to co-operate with us (at your own expense) in the handling of disputes, complaints, investigations or litigation that arise as a result of your use of our products and services including but not limited to disputes, complaints, investigations or litigation that arises out of or relates to incorrect information you have given us.
The obligations under this clause will survive termination of these Terms.
Privacy: We agree to comply with the legal requirements of the Australian Privacy Principles as set out in the Privacy Act 1988 (Cth) and any other applicable legislation or privacy guidelines.
Accuracy: While we endeavour to keep the information up to date and correct, we make no representations, warranties or guarantee, express or implied, about the completeness, accuracy, reliability, suitability or availability of any information, images, products, services, or related graphics contained on the Site for any particular purpose. You hereby acknowledge that such information and materials may contain mistakes, inaccuracies or errors and we expressly exclude any liability for such to the fullest extent permissible by law.
Force Majeure: We will not be liable for any delay or failure to perform our obligations under the Terms if such delay is due to any circumstance beyond our reasonable control. If we are delayed from performing our obligations due to such a circumstance, we may terminate our agreement with you by giving you notice in writing.
Notice: Any notice in connection with the Terms will be deemed to have been duly given when made in writing and delivered or sent by email, facsimile or post to the party to whom such notice is intended to be given or to such other address, email address or facsimile number as may from time to time be notified in writing to the other party.
Email: You acknowledge that we are able to send electronic mail to you and receive electronic mail from you. You release us from any claim you may have as a result of any unauthorised copying, recording, service or interference with that document or information after transmission, for any delay or non-delivery of any document or information and for any damage caused to your system or any files by a transfer.
Relationship of parties: The Terms are not intended to create a relationship between the parties of partnership, joint venture, or employer-employee.
Waiver: Any failure by a party to insist upon strict performance by the other of any provision in the Terms will not be taken to be a waiver of any existing or future rights in relation to the provision. No waiver by us of any of the Terms shall be effective unless we expressly state it is a waiver and we communicate to you in writing.
Assignment: You must not assign any rights and obligations under the Terms whether in whole or in part without our prior written consent.
Severability: If any of the Terms are determined by any competent authority to be invalid, unlawful or unenforceable to any extent, such term, condition or provision will to that extent be severed from the remaining terms, conditions and provisions which will continue to be valid to the fullest extent permitted by law.
Jurisdiction and Applicable Law: Your use of this Site and any dispute arising out of your use of it is subject to the laws of New South Wales. These Terms will be governed by the laws of New South Wales, Australia and subject to the exclusive jurisdiction of the New South Wales courts. The Site may be accessed throughout Australia and overseas. Red Phoenix Consultants makes no representation that the content of the Site complies with the laws (including intellectual property laws) of any country outside Australia. If you access the Site from outside Australia, you do so at your own risk and are responsible for complying with the laws in the place where you access the Site.
Amendment: These Terms may be amended from time to time, without prior notice. Your purchase or engagement of our services from us following any such amendments will be deemed to be confirmation that you accept those amendments. We recommend that you check the current Terms, before purchase. Our agents, employees and third parties do not have authority to change the Terms.
Entire Agreement: These Terms and any document expressly referred to in them represent the entire agreement between you and Red Phoenix Consultants and supersede any prior agreement, understanding or arrangement between you and us, whether oral or in writing.