Terms of Service

Our terms of service are set out below. They govern our business relationship with our clients and should be read carefully. About the Website
  • Welcome to phoenixjara.com.au (the ‘Website’). Phoenix Jara Pty Ltd trading as Phoenix Jara Grant Specialists (we, us) provide grant services (the ‘Services’).
  • The Website is operated by Phoenix Jara Pty Ltd (ABN 79 651 614 783, ACN 651 614 783). Access to and use of the Website, or any of its associated Products or Services is provided by Phoenix Jara Pty Ltd trading as Phoenix Jara Grant Specialists. Please read these terms and conditions (the ‘Terms’) carefully. By using, browsing and/or reading the Website, this signifies that you have read, understood, and agree to be bound by the Terms. If you do not agree with the Terms, you must cease usage of the Website, or any of the Services immediately.
  • Phoenix Jara Pty Ltd reserves the right to review and change any of the Terms by updating this page at its sole discretion. When Phoenix Jara Pty Ltd updates the Terms, it will use reasonable endeavors to provide you with notice of updates to the Terms. Any changes to the Terms take immediate effect from the date of their publication. Before you continue, we recommend you keep a copy of the Terms for your records.
Acceptance of the Terms
  • You accept the Terms by remaining on the Website. You may also accept the Terms by clicking accept or agree to the Terms where this option is made available to you by Phoenix Jara Pty Ltd in the user interface.
  • These Terms constitute the entire and only agreement between you and us and supersedes all prior agreements, conduct, representations, and understandings.
  • Phoenix Jara Pty Ltd products and services are intended for people aged 18 and over.
General Disclaimer
  • All Phoenix Jara Pty Ltd products and services are intended for general information purposes only. Nothing on this Site, or any of the content provided to you by us during our provision of the products and/or services, purports to offer legal, medical, tax or other professional advice. Use caution and always seek professional advice before acting on any information that we provide.
  • Phoenix Jara Pty Ltd provides support, guidance, and tools to support you in the field of grants , including but not limited to goal setting, determining priorities and achieving these goals. Any decision you make, and the consequences that flow from such decisions, is your sole responsibility. Your success depends on many factors, including your dedication, participation, and motivation.
  • Any testimonials and examples within our content and marketing materials are not to be taken as a guarantee that you will achieve the same or similar results.
  • You acknowledge and agree that Phoenix Jara Pty Ltd, its directors, principles, employees, and representatives are not responsible for decisions that you may make nor losses that may arise out of any business or personal decision made by you at any time.
Earning and Income Disclaimer
  • Phoenix Jara Pty Ltd cannot and does not make any guarantees about your ability to get results or earn any money with our ideas, information, tools, or strategies. You acknowledge that there is an inherent risk in any business enterprise or activity and agree there is no guarantee that you will earn any money as a result of your purchase of our products and/or services.
  • Any financial representations referenced by us on the Website, in any materials developed by us, or during any presentation by us are illustrative concepts only and should not be considered as promises for actual or future performance.
Registration to use the Services
  • In order to access the services, you must first register for an account through the Website (the ‘Account’).
  • As part of the registration process, or as part of your continued use of the Services, you may be required to provide personal information about yourself (such as identification or contact details), including:
    1. Email Address
    2. Telephone number
    3. Business related information related to grants
  • You warrant that any information you give to Phoenix Jara Pty Ltd in the course of completing the registration process will always be accurate, correct and up to date.
  • Once you have completed the registration process, you will be a registered member of the website (‘Member’) and agree to be bound by the Terms.
  • You may not use the Services and may not accept the Terms if:
    1. You are not of legal age to form a binding contract with Phoenix Jara Pty Ltd; or
    2. You are a person barred from receiving the services under the laws of Australia or other countries including the Country in which you are a resident or from which you use the Services.
Your obligations as a Member
  • As a member, you agree to comply with the following:
    1. You will use the services only for purposes that are permitted by:
      1. The Terms; and
      2. Any applicable law, regulation or generally accepted practices or guidelines in the relevant jurisdictions;
    2. You have the sole responsibility for protecting the confidentiality of your personal details including passwords and / or email addresses. Use of your password by any other person may result in the immediate cancellation of the Services;
    3. Use any of your registration information by any other person, or third parties, is strictly prohibited. You agree to immediately notify Phoenix Jara Pty Ltd of any unauthorized use of your password or email address or any breach of security of which you have become aware;
    4. Access and use of the Website is limited, non-transferrable and allows for the sole use of the Website by you for the purposes of Phoenix Jara Pty Ltd providing the Services;
    5. You will not use the Services or the Website in connection with any commercial endeavors except those that are specifically endorsed or approved by the management of Phoenix Jara Pty Ltd;
    6. You will not use the Services or Website for any illegal and/or unauthorized use which includes collecting email addresses of Members by electronic or other means for the purpose of sending unsolicited email or unauthorized framing of or linking to the Website;
    7. You agree that commercial advertisements, affiliate links, and other forms of solicitation may be removed from the Website without notice and may result in termination of the Services. Appropriate legal action will be taken by Phoenix Jara Pty Ltd for any illegal or unauthorized use of the Website; and
    8. You acknowledge and agree that any automated use of the Website or its Services is prohibited.
  • When using our products and/or services, you may be given access to social media groups including (but not limited to) Facebook, Instagram and LinkedIn, either online or in person forums or events in which you may post comments, photos, messages or other material (Your Content). When posting Your Content, you agree that you will not post or otherwise publish through this Site or our Phoenix Jara Pty Ltd Community any of the following:
    1. Content that is unlawful, fraudulent, misleading, deceitful, threatening, abusive, libelous, defamatory, obscene, pornographic, indecent, lewd, harassing, threatening, abusive, offensive, inflammatory or otherwise objectionable.
    2. Content that harasses, degrades, intimidates or is hateful to an individual or group of individuals on the basis of religion, gender, sexual orientation, race, ethnicity, age or disability.
    3. Information that includes personal or identifying information about another person without that person’s consent.
    4. Information that constitutes promotion or advertisement for groups, events or activities organized through competing social clubs, activity sites, and internet platforms, except as otherwise expressly permitted by us.
    5. Any information or content that impersonates any person or entity.
    6. Any material, non-public information about companies without authorization to do so.
    7. Any advertisements, solicitations, chain letters, pyramid schemes, investment opportunities or other unsolicited commercial communication (except as otherwise expressly permitted by us).
  • By Posting or otherwise publishing Your Content on our Website or within the Phoenix Jara Pty Ltd Community, you:
    1. Grant us non-exclusive, worldwide, royalty-free, perpetual, license to use, reproduce, edit and exploit Your Content in any form and for any purpose.
    2. Warrant that you have the right to grant the above licenses
    3. Warrant that Your Content does not breach these Terms and
    4. Consent to any act or omission which would otherwise constitute an infringement of your moral rights, and if you add any content in which any third party has moral rights, you must also ensure that the third party also contents in the same manner.
  • We reserve the right (but have no obligation) to:
    1. Review, modify, reformat, reject, or remove Your Content that, at the sole discretion of Phoenix Jara Pty Ltd, violates these Terms or otherwise has the potential to harm, endanger or violate the rights of any person; and
    2. Monitor use of the Site, and store or disclose any information that we collect, including in order to investigate compliance with the Terms or for the purpose of any police investigation or governmental request.
Virtual and In-Person Events
  • For the purpose of the paragraphs below, any virtual events or in-person events hosted by Phoenix Jara Pty Ltd will be referred to as ‘Events’.
  • Events are strictly adults only to ensure professionalism and a quiet working environment for all other attendees.
  • Phoenix Jara Pty Ltd reserves the right to exclude you from any Event should you, in Phoenix Jara Pty Ltd’s sole determination, become disruptive.
  • You understand and acknowledge that Phoenix Jara Pty Ltd and/or its representatives may record any aspect of an Event (‘Recordings’). These Recordings may be in the form of audio, video or still photography, and those Recordings may be used in the production of marketing or other materials to be used by Phoenix Jara Pty Ltd.
  • You hereby waive any and all legal rights you may have against Phoenix Jara Pty Ltd in respect of Recordings of your participation in the event and grant to Phoenix Jara Pty Ltd the absolute right and permission to copyright and use, reuse and publish the Recordings where you may be depicted or included, in whole or in part, or composite or distorted in character or form, without restrictions as to changes or alterations from time to time, or reproductions thereof in colour or otherwise, made through any medium and in any and all media now or later known, for art, advertising, trade or any other legal purpose. You also consent to the use of any printed matter in conjunction with that use.
  • You waive any right that you may have to inspect or approve the finished product or products of the Recordings or any printed matter that may be used in connection with the Recordings or the use to which it may be applied.
  • You hereby release, discharge, and agree to hold harmless Phoenix Jara Pty Ltd from any and all liability that has or may occur in the making of the Recordings or any subsequent process or publication.
  • You acknowledge and understand that you are not permitted to make any of your own Recordings at any Event, webinar or other in-person forum.
  • In the unlikely event that Phoenix Jara Pty Ltd cancels an Event, you will receive a full refund of the purchase price paid for the Event. Phoenix Jara Pty Ltd will not reimburse any optional expenses including but not limited to flights and accommodation.
Payment
  • Where the option is given to you, you may make payment for the Services (the ‘Service Fee’) by way of:
    1. Electronic funds transfer (‘EFT’) into our nominated bank account
    2. Credit Card Payment (‘Credit Card’)
  • All payments made in the course of your use of the Services are made using secure online payment options. In using the Website, the Services or when making any payment in relation to your use of the Services, you warrant that you have read, understood, and agree to be bound by the terms and conditions of the payment options which are available on their respective websites.
  • You acknowledge and agree that where a request for the payment of the Services Fee is returned or denied, for whatever reason, by your financial institution or is unpaid by you for any other reason, then you are liable for any costs, including banking fees and charges, associated with the Services Fee.
  • You agree and acknowledge that Phoenix Jara Pty Ltd can vary the Services Fee at any time.
Refund Policy
  • Phoenix Jara Pty Ltd will only provide you with a refund of the Services Fee in the event they are unable to continue to provide the Services or if the manager of Phoenix Jara Pty Ltd makes a decision, at its absolute discretion, that it is reasonable to do so under the circumstances (the ‘Refund’).
  • Each refund request will be assessed on a case-by-case basis and when genuine value has not been received or isn’t able to be received, refunds will be granted at the discretion of Phoenix Jara Pty Ltd.
  • Invoices for Phoenix Jara Pty Ltd are automatically generated and can be requested at any time by emailing admin@phoenixjara.com.au.
  • You agree to ensure sufficient funds are available in your nominated account to meet any account withdrawals made by us on their scheduled due dates.
Copyright and Intellectual Property
  • The Website, the Services and all the related products of Phoenix Jara Pty Ltd are subject to copyright. The material on the Website is protected by copyright under the laws of Australia and through international treaties. Unless otherwise indicated, all rights (including copyright) in the Services and compilation of the Website (including but not limited to text, graphics, logos, button icons, video images, audio clips, Website, code, scripts, design elements and interactive features) or the Services are owned or controlled for these purposes and are reserved by Phoenix Jara Pty Ltd or its contributors.
  • All trademarks, service marks and trade names are owned, registered and/or licensed by Phoenix Jara Pty Ltd, who grants to you a worldwide, non-exclusive, royalty-free, revocable license whilst you are a member to:
    1. Use the website pursuant to the Terms;
    2. Copy and store the Website and the material contained in the Website in your device’s cache memory; and
    3. Print pages from the Website for your own personal and non-commercial use.
Phoenix Jara Pty Ltd does not grant you any other rights whatsoever in relation to the Website or the Services. All other rights are expressly reserved by Phoenix Jara Pty Ltd.
  • Phoenix Jara Pty Ltd retains all rights, title, and interest in and to the Website and all related Services. Nothing you do on or in relation to the Website will transfer any:
    1. Business names, trading names, domain names, trademarks, industrial designs, patents, registered designs, or copyright, or
    2. A right to use or exploit a business name, trading name, domain name, trademark, or industrial design, or
    3. A thing, system or process that is the subject of a patent, registered design, or copyright (or an adaptation or modification of such a thing, system or process), to you.
  • You may not, without the prior written permission of Phoenix Jara Pty Ltd and the permission of any other relevant rights owners: broadcast, republish, up-load to a third party, transmit, post, distribute, show or play in public, adapt or change in any way the Services or third-party Services for any purpose, unless otherwise provided by these Terms. This prohibition does not extend to materials on the Website, which are freely available for re-use or are in the public domain.
Privacy
  • Phoenix Jara Pty Ltd takes your privacy seriously and any information provided through your use of the Website and/or Services are subject to Phoenix Jara Pty Ltd’s Privacy Policy, which is available on the Website.
General Disclaimer
  • Nothing in the Terms limits or excludes any guarantees, warranties, representations, or conditions implied or imposed by law, including Australian Consumer Law (or any liability under them) which by law may not be limited or excluded.
  • Subject to this clause, and to the extent permitted by law:
    1. All terms, guarantees, warranties, representations, or conditions which are not expressly stated in the Terms are excluded; and
    2. Phoenix Jara Pty Ltd will not be liable for any special, indirect or consequential loss or damage (unless such loss or damage is reasonable foreseeable resulting from our failure to met an applicable Consumer guarantee), loss of profit or opportunity, or damage to goodwill arising out of or in connection with the Services or these Terms (including as a result of not being able to use the Services or the late supply of the Services, whether at common law, under contract, tort (including negligence), in equity, pursuant to statute or otherwise.
  • Use of the Website and the Services is at your own risk. Everything on the Website and the Services provided to you “as is” and “as available” without warranty or condition of any kind. None of the affiliates, directors, officers, employees, agents, contributors, and licensors of Phoenix Jara Pty Ltd make any express or implied representation or warranty about the Services or any products or Services (including the products or Services of Phoenix Jara Pty Ltd) referred to on the Website, includes (but is not restricted to) loss or damage you might suffer as a result of any of the following:
    1. Failure of performance, error, omission, interruption, deletion, defect, failure to correct defects, delay in operation or transmission, computer virus or other harmful component, loss of data, communication line failure, unlawful third-party conduct, or theft, destruction, alteration or unauthorized access to records;
    2. The accuracy, suitability or currency of any information on the Website, the Services, or any of its Services related products (including third party material and advertisements on the Website);
    3. Costs incurred as a result of you using the Website, the Services or any of the products of Phoenix Jara Pty Ltd; and
    4. The Services or operation in respect to links which are provided for your convenience.
No Assignment
  • You cannot transfer or assign your Phoenix Jara Pty Ltd membership without Phoenix Jara Pty Ltd’s prior written consent.
  • We may assign or transfer our obligations under these Terms at any time, subject to giving you four (4) weeks prior notice in writing.
Limitation of Liability
  • Phoenix Jara Pty Ltd’s total liability arising out of or in connection with the Services of these Terms, however arising, including under contract, tort (including negligence), in equity, under statute or otherwise, will not exceed the resupply of the Services to you.
  • You expressly understand and agree that Phoenix Jara Pty Ltd, its affiliates, employees, agents, contributors and licensors shall not be liable to you for any direct, indirect, incidental, special consequential or exemplary damages which may be incurred by you, however caused and under any theory of liability. This shall include, but is not limited to, any loss of profit (whether incurred directly or indirectly), any loss of goodwill or business reputation and any other intangible loss.
Termination of Contract
  • The Terms will continue to apply until terminated by either you or Phoenix Jara Pty Ltd as set out below:
  • If you want to terminate the Terms, you may do so by:
    1. Providing Phoenix Jara Pty Ltd with 1 day notice of your intention to terminate; and
    2. Closing your accounts for all of the services which you use, where Phoenix Jara Pty Ltd has made this option available to you.
Your notice should be sent, in writing, to Phoenix Jara Pty Ltd via their email address at admin@phoenixjara.com.au.
  • Phoenix Jara Pty Ltd may at any time, terminate the Terms with you if:
    1. You have breached any provision of the Terms or intend to breach any provision;
    2. Phoenix Jara Pty Ltd is required to do so by law;
    3. The provision of the Services to you by Phoenix Jara Pty Ltd is, in the opinion of Phoenix Jara Pty Ltd, no longer commercially viable.
  • Subject to local applicable laws, Phoenix Jara Pty Ltd reserves the right to discontinue or cancel your membership at any time and may suspend or deny, in its sole discretion, your access to all or any portion of the Website or the Services without notice if you breach any provision of the Terms or any applicable law or if you conduct impacts Phoenix Jara Pty Ltd’s name or reputation or violates the rights of those of another party.
Indemnity
  • You agree to indemnify Phoenix Jara Pty Ltd, its affiliates, employees, agents, contributors, third party content providers and licensors from and against:
    1. All actions, suits, claims, demands, liabilities, costs, expenses, loss and damage (including legal fees on a full indemnity basis) incurred, suffered or arising out of or in connection with Your Content;
    2. Any direct or indirect consequences of you accessing, using, or transacting on the Website or attempts to do so; and/or
    3. Any breach of the Terms.
Dispute Resolution
  • Compulsory:
If a dispute arises out of or relates to the Terms, either party may not commence any Tribunal or Court proceedings in relation to the dispute, unless the following clauses have been complied with (except where urgent interlocutory relief is sought).
  • Notice:
A party to the Terms claiming a dispute (‘Dispute’) has arisen under the Terms, must give written notice to the other party detailing the nature of the dispute, the desired outcome and the action required to settle the Dispute.
  • Resolution:
On receipt that the notice (‘Notice’) by that other party, the parties to the Terms (‘Parties’) must:
  1. Within 14 days of the Notice endeavor in good faith to resolve the Dispute expeditiously by negotiation or such other means upon which they may mutually agree;
  2. If for any reason whatsoever, 90 days after the date of the Notice, the Dispute has not been resolved, the Parties must either agree upon selection of a mediator or request that an appropriate mediator be appointed by the President of the appropriate governing body or his or her nominee;
  3. The Parties are equally liable for the fees and reasonable expenses of a mediator and the cost of the venue of the mediation and without limiting the foregoing undertake to pay any amounts requested by the mediator as a precondition to the mediation commencing. The parties must each pay their own costs associated with the mediation;
  4. The mediation will be held in an approved location within Brisbane, Australia.
  • Confidential:
All communications concerning negotiations made by the Parties arising out of and in connection with this dispute resolution clause are confidential and to the extent possible, must be treated as “without prejudice” negotiations for the purpose of applicable laws of evidence.
  • Termination of Mediation:
If 6 months have elapsed after the start of a mediation of the Dispute and the Dispute has not been resolved, either Party may ask the mediator to terminate the mediation and the mediator must do so. Venue and Jurisdiction
  • The Services offered by Phoenix Jara Pty Ltd is intended to be viewed by residents of Australia. In the event of any dispute arising out of or in relation to the Website, you agree that the exclusive venue for resolving any dispute shall be in the courts of Queensland, Australia.
Governing Law
  • The Terms are governed by the laws of Queensland, Australia. Any dispute, controversy, proceeding or claim of whatever nature arising out of or in any way relating to the Terms and the rights created hereby shall be governed, interpreted, and construed by, under and pursuant to the laws of Queensland, Australia, without reference to conflict of law principles, notwithstanding mandatory rules. The validity of this governing law clause is not contested. The Terms shall be binding to the benefit of the parties hereto and their successors and assigns.
Independent Legal Advice
  • Both parties confirm and declare that the provisions of the Terms are fair and reasonable and both parties having taken the opportunity to obtain independent legal advice and declare the Terms are not against public policy on the grounds of inequality or bargaining power or general grounds of restraint of trade.
Severance
  • If any part of these Terms is found to be void or unenforceable by a Court of competent jurisdiction, that part shall be severed, and the rest of the Terms shall remain in force.
Feedback
  • We welcome enquiries or feedback on our site. Unless specifically stated by you, the information provided by you will be treated as non-proprietary and non-confidential.
  • If you have any questions or comments regarding this Site, or Phoenix Jara Pty Ltd’s products or services, please email us at admin@phoenixjara.com.au

Company Details

Registered Name: Phoenix Jara Pty Ltd
Trading Name: Phoenix Jara Grant Specialists
ABN: 79 651 614 783
ACN: 651 614 783

 

Country: Australia
Phone Number: (07) 3519 4984
Email: admin@phoenixjara.com.au