This website (“Phase 3 Ecom” or the “Site”) is owned and operated by Weis Business Consultants Pty Ltd. Trading as “Phase 3 Ecom” (known collectively in this Agreement as “Phase 3 Ecom,” “Company,” “we” or “us”). By using this website, you agree to be bound by these Terms & Conditions and to use the Site in accordance with these Terms & Conditions, our Privacy Policy and any additional terms and conditions that may apply to specific sections of the Site or to products and services available through the Site or from Phase 3 Ecom. Accessing the Site, in any manner, whether automated or otherwise, constitutes use of the Site and your agreement to be bound by these Terms & Conditions.
We reserve the right to change these Terms & Conditions or to impose new conditions on use of the Site, from time to time, in which case we will post the revised Terms & Conditions on this website. By continuing to use the Site after we post any such changes, you accept the Terms & Conditions, as modified.
This Site and all the materials available on the Site are the property of us and/or our affiliates or licensors, and are protected by copyright and other intellectual property laws. The Site is provided solely for your personal use. You may not use the Site or the materials available on the Site in a manner that constitutes an infringement of our rights or that has not been authorised by us. More specifically, unless explicitly authorised in these Terms & Conditions or by the owner of the materials, you may not modify, copy, reproduce, republish, upload, post, transmit, translate, sell, create derivative works, exploit, or distribute in any manner or medium (including by email or other electronic means) any material from the Site. You may, however, from time to time, download and/or print one copy of individual pages of the Site for your personal, non-commercial use, provided that you keep intact all copyright and other proprietary notices.
By posting or submitting any material (including, without limitation, comments, blog entries, social media postings, photos and videos) to us via the Site, internet groups, social media pages, or to any of our staff via email, text or otherwise, you are representing: (i) that you are the owner of the material, or are making your posting or submission with the express consent of the owner of the material; and (ii) that you are eighteen years of age or older. In addition, when you submit, email, text or deliver or post any material, you are granting us, and anyone authorised by us, a royalty-free, perpetual, irrevocable, non-exclusive, unrestricted, worldwide license to use, copy, modify, transmit, sell, exploit, create derivative works from, distribute, and/or publicly perform or display such material, in whole or in part, in any manner or medium, now known or hereafter developed, for any purpose. The foregoing grant shall include the right to exploit any proprietary rights in such posting or submission, including, but not limited to, rights under copyright, trademark, service mark or patent laws under any relevant jurisdiction. Also, in connection with the exercise of such rights, you grant us, and anyone authorised by us, the right to identify you as the author of any of your postings or submissions by name, email address or screen name, as we deem appropriate.
You acknowledge and agree that any contributions originally created by you for us shall have all your rights in such contributions transferred to Phase 3 Ecom. As such, the copyrights, and any other rights, in those works shall belong to Phase 3 Ecom from their creation. Thus, Phase 3 Ecom shall be deemed the author and exclusive owner thereof and shall have the right to exploit any or all the results and proceeds in any and all media, now known or hereafter devised, throughout the universe, in perpetuity, in all languages, as Phase 3 Ecom determines. You hereby, without additional compensation, irrevocably assign, convey and transfer to Phase 3 Ecom all proprietary rights, including without limitation, all copyrights and trademarks throughout the universe, in perpetuity in every medium, whether now known or hereafter devised, to such material and any and all right, title and interest in and to all such proprietary rights in every medium, whether now known or hereafter devised, throughout the universe, in perpetuity. Any posted material which are reproductions of prior works by you shall be co-owned by us.
You acknowledge that Phase 3 Ecom has the right but not the obligation to use and display any postings or contributions of any kind and that Phase 3 Ecom may elect to cease the use and display of any such materials (or any portion thereof), at any time for any reason whatsoever.
Limitations on Linking and Framing. You may establish a hypertext link to the Site so long as the link does not state or imply any sponsorship of your site by us or by the Site. However, you may not, without our prior written permission, frame or inline link any of the content of the Site or incorporate into another website or other service any of our material, content or intellectual property.
Throughout the Site, we may provide links and pointers to Internet sites maintained by third parties. Our linking to such third-party sites does not imply an endorsement or sponsorship of such sites, or the information, products or services offered on or through the sites. In addition, neither we nor affiliates operate or control in any respect any information, products, or services that third parties may provide on or through the Site or on websites linked to by us on the Site.
If applicable, any opinions, advice, statements, services, offers, or other information or content expressed or made available by third parties, including information providers, are those of the respective authors or distributors, and not Phase 3 Ecom. Neither Phase 3 Ecom nor any third-party provider of information guarantees the accuracy, completeness, or usefulness of any content. Furthermore, Phase 3 Ecom neither endorses nor is responsible for the accuracy and reliability of any opinion, advice, or statement made on any of the Sites by anyone other than an authorised Phase 3 Ecom representative while acting in his/her official capacity.
The information, products and services offered on or through the Site and by Phase 3 Ecom and any third-party sites are provided “as is” and without warranties of any kind either express or implied. To the fullest extent permissible pursuant to applicable law, we disclaim all warranties, express or implied, including, but not limited to, implied warranties of merchantability and fitness for a particular purpose. We do not warrant that the site or any of its functions will be uninterrupted or error-free, that defects will be corrected, or that any part of this site, including bulletin boards, or the servers that make it available, are free of viruses or other harmful components.
We do not warrant or make any representations regarding the use or the results of the use of the Site or materials on this Site or on third-party sites in terms of their correctness, accuracy, timeliness, reliability or otherwise.
You agree at all times to defend, indemnify and hold harmless Phase 3 Ecom, its affiliates, their successors, transferees, assignees and licensees and their respective parent and subsidiary companies, agents, associates, officers, directors, shareholders and employees of each from and against any and all claims, causes of action, damages, liabilities, costs and expenses, including legal fees and expenses, arising out of or related to your breach of any obligation, warranty, representation or covenant set forth herein.
Certain sections of the Site may allow you to purchase many different types of products and services online that are provided by third parties. We are not responsible for the quality, accuracy, timeliness, reliability or any other aspect of these products and services. If you make a purchase from a merchant on the Site or on a site linked to by the Site, the information obtained during your visit to that merchant’s online store or site, and the information that you give as part of the transaction, such as your credit card number and contact information, may be collected by both the merchant and us. A merchant may have privacy and data collection practices that are different from ours. We have no responsibility or liability for these independent policies. In addition, when you purchase products or services on or through the Site, you may be subject to additional terms and conditions that specifically apply to your purchase or use of such products or services. For more information regarding a merchant, its online store, its privacy policies, and/or any additional terms and conditions that may apply, visit that merchant’s website and click on its information links or contact the merchant directly. You release us and our affiliates from any damages that you incur and agree not to assert any claims against us or them, arising from your purchase or use of any products or services made available by third parties through the Site.
Your participation, correspondence, or business dealings with any third party found on or through our Site, regarding payment and delivery of specific goods and services, and any other terms, conditions, representations or warranties associated with such dealings, are solely between you and such third party. You agree that Phase 3 Ecom shall not be responsible or liable for any loss, damage, or other matters of any sort incurred as the result of such dealings.
You agree to be financially responsible for all purchases made by you or someone acting on your behalf through the Site. You agree to use the Site and to purchase services or products through the Site for legitimate purposes only. You also agree not to make any purchases for speculative, false or fraudulent purposes or for the purpose of anticipating demand for a particular product or service. You agree to only purchase goods or services for yourself or for another person for whom you are legally permitted to do so. When making a purchase for a third party that requires you to submit the third party’s personal information to us or a merchant, you represent that you have obtained the express consent of such third party to provide such third party’s personal information.
Your purchase is for personal use only. Sharing of purchases is not permitted and will be considered unauthorised, an infringing use of our copyrighted material, and may subject violators to liability.
If payment for a service or course is declined, our system will automatically disable access to our materials. (This usually happens because a credit card expires.) We want to help restore your access, so we’ll make every attempt to contact you to help resolve this issue. Once the billing issue is resolved, we’ll restore access.
This Site may include a variety of features, such as bulletin boards, web logs, chat rooms, and email services, which allow feedback to us and real-time interaction between users, and other features which allow users to communicate with others. Responsibility for what is posted on bulletin boards, web logs, chat rooms, and other public posting areas on the Site, or sent via any email services on the Site, lies with each user – you alone are responsible for the material you post or send. We do not control the messages, information, or files that you or others may provide through the Site. It is a condition of your use of the Site that you do not:
Restrict or inhibit any other user from using and enjoying the Site.
Use the Site to impersonate any person or entity, or falsely state or otherwise misrepresent your affiliation with a person or entity.
Interfere with or disrupt any servers or networks used to provide the Site or its features, or disobey any requirements, procedures, policies or regulations of the networks we use to provide the Site.
Use the Site to instigate or encourage others to commit illegal activities or cause injury or property damage to any person.
Gain unauthorised access to the Site, or any account, computer system, or network connected to this Site, by means such as hacking, password mining or other illicit means.
Obtain or attempt to obtain any materials or information through any means not intentionally made available through this Site.
Use the Site to post or transmit any unlawful, threatening, abusive, libellous, defamatory, obscene, vulgar, pornographic, profane or indecent information of any kind, including without limitation any transmissions constituting or encouraging conduct that would constitute a criminal offense, give rise to civil liability or otherwise violate any local, state, national or international law.
Use the Site to post or transmit any information, software or other material that violates or infringes upon the rights of others, including material that is an invasion of privacy or publicity rights or that is protected by copyright, trademark or other proprietary right, or derivative works with respect thereto, without first obtaining permission from the owner or rights holder.
Use the Site to post or transmit any information, software or other material that contains a virus or other harmful component.
Use the Site to post, transmit or in any way exploit any information, software or other material for commercial purposes, or that contains advertising.
Use the Site to advertise or solicit to anyone to buy or sell products or services, or to make donations of any kind, without our express written approval.
Gather for marketing purposes any email addresses or other personal information that has been posted by other users of the Site.
Phase 3 Ecom may host message boards, chats, and other public forums on its Sites. Any user failing to comply with the terms and conditions of this Agreement may be expelled from and refused continued access to, the message boards, chats, or other public forums in the future. Phase 3 Ecom or its designated agents may remove or alter any user-created content at any time for any reason. Message boards, chats and other public forums are intended to serve as discussion centres for users and subscribers. Information and content posted within these public forums may be provided by Phase 3 Ecom staff, Phase 3 Ecom’s outside contributors, or by users not connected with Phase 3 Ecom, some of whom may employ anonymous usernames. Phase 3 Ecom expressly disclaims all responsibility and endorsement and makes no representation as to the validity of any opinion, advice, information, or statement made or displayed in these forums by third parties, nor are we responsible for any errors or omissions in such postings, or for hyperlinks embedded in any messages. Under no circumstances will we, our affiliates, suppliers or agents be liable for any loss or damage caused by your reliance on information obtained through these forums. The opinions expressed in these forums are solely the opinions of the participants, and do not reflect the opinions of Phase 3 Ecom or any of its subsidiaries or affiliates.
Phase 3 Ecom has no obligation whatsoever to monitor any of the content or postings on the message boards, chat rooms or other public forums on the Sites. However, you acknowledge and agree that we have the absolute right to monitor the same at our sole discretion. In addition, we reserve the right to alter, edit, refuse to post or remove any postings or content, in whole or in part, for any reason and to disclose such materials and the circumstances surrounding their transmission to any third party in order to satisfy any applicable law, regulation, legal process or governmental request and to protect ourselves, our clients, sponsors, users and visitors.
We occasionally include access to an online community as part of our services & programs. We want every single member to add value to the group. Our goal is to make your community the most valuable community you’re a member of. Therefore, we reserve the right to remove anyone at any time. We rarely do this, but we want to let you know how seriously we take our communities.
The Participant agrees to provide true, accurate, current, and complete information as prompted by any transaction, account or registration form and to maintain and promptly update the information to ensure it remains true, accurate, current and complete. The Participant is responsible for maintaining the confidentiality of the password and account, and for all activities that occur under your account. In consideration of the website’s use, you agree to maintain and update true, accurate, current and complete data. If you provide any untrue, inaccurate, not current or incomplete information, or if the Provider has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, the Provider may suspend or terminate Service or Program access without refund. The Provider reserves the right in its sole discretion to terminate access of the Participant to the Program and the related services or any portion thereof at any time if the Participant becomes disruptive to the Service or Program or other Service or Program participants or fails to follow the Program guidelines. In the event of a termination of the Service or Program, the Participant shall not be entitled to a refund of any portion of the fees and shall not be excused from any remaining payments under a payment plan in the event of such termination.
To use certain features of the Site, you will need a username and password, which you will receive through the Site’s registration process. You are responsible for maintaining the confidentiality of the password and account and are responsible for all activities (whether by you or by others) that occur under your password or account. You agree to notify us immediately of any unauthorised use of your password or account or any other breach of security, and to ensure that you exit from your account at the end of each session. We cannot and will not be liable for any loss or damage arising from your failure to protect your password or account information.
It is agreed that the maximum amount of liability to you for claims, loss or damages arising in contract or in tort, on any activity entered into with regard to this agreement is limited in aggregate to the total amount of fees paid to Phase 3 Ecom in respect of the services rendered hereunder for the previous three (3) months from the time of claim, or ten thousand dollars Australian ($10,000), whichever is lesser. Should the client wish to raise this total amount of liability limit, this must be done in writing through a separately negotiated agreement and fee.
Under no circumstances, including, but not limited to, negligence, shall we, our subsidiary and parent companies or affiliates be liable for any direct, indirect, incidental, special or consequential damages that result from the use of, or the inability to use, the site, including our messaging, blogs, comments of others, books, emails, products, or services, or third-party materials, products, or services made available through the site or by us in any way, even if we are advised beforehand of the possibility of such damages. Because some jurisdictions do not allow the exclusion or limitation of certain categories of damages, the above limitation may not apply to you. In such jurisdictions, our liability and the liability of our subsidiary and parent companies or affiliates is limited to the fullest extent permitted by such jurisdictions’ law, or the total amount of fees paid to Phase 3 Ecom for products and services rendered under the agreement for the previous three (3) months from the time of claim. This liability amount shall exclude all third-party costs.
You specifically acknowledge and agree that we are not liable for any defamatory, offensive, or illegal conduct of any user. If you are dissatisfied with the site, any materials, products, or services on the site, or with any of the site’s terms and conditions, your sole and exclusive remedy is to discontinue using the site and the products, services and/or materials. Phase 3 Ecom is not an investment advisory service, is not an investment advisor, and does not provide personalised financial advice or act as a financial advisor.
We exist for technical support and educational purposes only, and the materials and information contained herein and in our Products and Services are for general informational purposes only. None of the information provided by us is intended as investment, tax, accounting or legal advice, as an offer or solicitation of an offer to buy or sell, or as an endorsement, recommendation or sponsorship of any company, security, or fund. Our information should not be relied upon for purposes of transacting in securities or other investments.
We do not offer or provide tax, legal or investment advice and you are responsible for consulting tax, legal, or financial professionals before acting on any information provided by us. This site is continually under development and Phase 3 Ecom makes no warranty of any kind, implied or express, as to its accuracy, completeness or appropriateness for any purpose.
You acknowledge and agree that no representation has been made by Phase 3 Ecom or its affiliates and relied upon as to the future income, expenses, sales volume or potential profitability that may be derived from the participation in any Service or Program.
If you have a great product for a great marketplace, Phase 3 Ecom is a proven system for accelerating your online sales. But we are a technical, coaching and mentorship program, and definitely not a get-rich-quick scheme. You will need to work hard, provide exemplary commitment, and have the resources to grow your business. Upon enrolment, you will have access to our team and their knowledge of our complete strategies, tactics, and trade secrets to grow your WooCommerce store. Because of that, we are unable to offer refunds on payments made for access to our program. But we do have a promise. If you go through the entire program, attend all of the coaching calls, take action, do all of the work, ask us for help, apply our advice, and fully implement our proven system, we’ll do our best to troubleshoot the problem and fix it so you can get results. In the event that as a participant in our program(s) it is deemed by Phase 3 Ecom that you have adhered to all terms & conditions contained herewith, we will continue to work with you free (outside of the period of the program) until the originally agreed goals set out at the commencement of the program(s) are reached.
However, there are three things we cannot guarantee, and you must provide on your own: Product-Market Fit, Product-Channel Fit, and Merchant-Market Fit.
Phase 3 Ecom program(s) are designed to be followed end to end in their entirety as intended to produce any result. As a participant in any of our programs, you are under no obligation to undergo any activity or adhere to any training or advice provided by Phase 3 Ecom that you do not wish to undertake for any reason. However, if you do not adhere to such advice within the confines and as it applies to our program(s) Phase 3 Ecom cannot provide, adhere to, or be liable for any promises made in relation to our program(s).
All payments are final, non-refundable, and non-transferable. If you do not comply with your payment obligations, you will be in default of the terms of these Terms & Conditions. If any payment is not made in full within seven (7) days of the payment due date, we may opt to remove you from and service or program at our sole discretion, without refund of any payments you have already made towards the service, full enrolment fee or other charges. No acceptance of partial payment(s) by us shall constitute a waiver of any rights to collect the full balance owed under the Agreement.
If you violate any portion of these Terms & Conditions, we may cancel or terminate your right to use the Site, a part of the Site, access to community forums, attend coaching calls, or meet with our team at any time without notice. In the event of cancellation or termination, you are no longer authorised to access the part of the Site affected by such cancellation or termination. The restrictions imposed on you with respect to material downloaded from the Site, and the disclaimers and limitations of liabilities set forth in these Terms & Conditions, shall survive.
You agree that the existence and the terms of these Terms & Conditions and any written information exchanged between us in connection with this agreement are regarded as confidential information. You shall maintain the confidentiality of all such confidential information, and, without obtaining our written consent, shall not disclose any relevant confidential information to any third parties, except for the information that: (a) is or will be in the public domain (other than through the receiving Party’s unauthorised disclosure); (b) is under the obligation to be disclosed pursuant to the applicable laws or regulations, or orders of the court or other government authorities, (c) is required to be disclosed to your shareholders, investors, legal counsels regarding your use of the website contemplated hereunder, provided that such shareholders, investors, legal counsels shall be bound by the confidentiality obligations similar to those set forth in this section.
You agree, and also instruct your current owners, executive officers and employees to refrain from intentionally making any public communication that is intended to criticise or disparage Phase 3 Ecom, its parent company, affiliates, partners, or staff. Nothing set forth herein shall be interpreted to prohibit either party from responding truthfully to incorrect public statements, making truthful statements when required by applicable law, valid subpoena or final court order or responding to any inquiry by a governmental authority having competent jurisdiction.
Australian copyright law provides recourse for copyright owners who believe that material appearing on the Internet infringes their rights. If you believe in good faith that materials hosted by Phase 3 Ecom infringe your copyright, you, or your agent may send to Phase 3 Ecom a notice requesting that the material be removed or access to it be blocked. Any notification by a copyright owner or a person authorised to act on its behalf that fails to comply with requirements of Australian copyright law shall not be considered sufficient notice and shall not be deemed to confer upon Phase 3 Ecom actual knowledge of facts or circumstances from which infringing material or acts are evident. If you believe in good faith that a notice of copyright infringement has been wrongly filed against you, Australian copyright law may permit you to send to Phase 3 Ecom a counter-notice. All notices and counter notices must meet the then current statutory requirements imposed by Australian copyright law.
This Agreement shall be binding upon and inure to the benefit of Phase 3 Ecom and our respective assigns, successors, heirs, and legal representatives. Neither this Agreement nor any rights hereunder may be assigned without the prior written consent of Phase 3 Ecom. Notwithstanding the foregoing, all rights and obligations under this Agreement may be freely assigned by Phase 3 Ecom to any affiliated entity or any of its wholly owned subsidiaries
No Waiver – No waiver of any provision hereof shall be effective unless made in writing and agreed to by both parties. The failure of any party to require the performance of any term or obligation of this Agreement, or the waiver by any party of any breach of this Agreement, shall not prevent any subsequent enforcement of such term or obligation or be deemed a waiver of any subsequent breach.
Severability – Unenforceability or invalidity of one or more clauses in this Agreement shall not have an effect on any other clause in this Agreement, and the clause(s) shall be regarded as stricken. If it is possible, any unenforceable or invalid clause in this Agreement shall be modified to show the original intention of the parties.
Governing Law – This Agreement shall be exclusively governed by the laws of the State of Queensland, Australia. It is agreed by the parties to this Agreement, that all disputes and matters whatsoever arising under or in connection with this Agreement (whether it be under contract, tort, other legal theories, or specific statutes) shall attorn to and be adjudicated in and before a court located in Brisbane, Queensland, Australia to the exclusion of the courts of any other jurisdiction, territory, state, or country, provided that nothing in this Agreement, shall preclude Phase 3 Ecom from bringing suit or taking other legal action to enforce the provisions of this Agreement in any other jurisdiction.
This policy may be changed at any time at our discretion. If we should update this policy, we will post the updates to this page on our Website. By continuing to use the Site after we post any such changes, you accept the changes to the policy, as modified.
If you have any questions or concerns regarding our Terms & conditions please direct them to admin@phase3ecom.com