1. ACCEPTANCE OF TERMS
Positive Response Dog Training (“We”, “us” or “our”) agree to provide services to you subject to the following Terms of Service (“this Agreement”). The services we agree to provide are personal to you and non-transferable without our express written consent. When using our services, you will also be bound by any guidelines or rules applicable to such services, which may be posted on our website as at the date you use our Service. All such guidelines or rules are hereby incorporated by reference into this Agreement. We may also offer other services that are governed by different Terms of Service. You acknowledge and accept that by using our services you agree to be bound by the terms of this Agreement. You represent that you are of legal age to form a binding contract.
2. DESCRIPTION OF SERVICE
Subject to the terms of this Agreement, we agree to provide dog training services through the following courses (where available):
(a) Puppy Training Courses;
(b) Dog Training Courses;
(c) Personal/Private Training; and
(d) Other services we may offer to you from time to time
Note: In our Puppy and Older Puppy Classes we offer the same information and therefore may, in our sole discretion, elect to combine these classes.
3. YOUR REGISTRATION OBLIGATIONS
You warrant that the information you provide to us about yourself and your dog is true, accurate, current and complete as prompted by the registration form. You agree that you will promptly advise us of any changes to the information provided. If you provide any information that is untrue, inaccurate, not current or incomplete, or we have reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, then we reserve the right to suspend or terminate your registration and refuse any and all current or future provision of the Service (or any portion thereof).
You warrant that you have disclosed to us any and all behavioural issues relating to your dog, in particular any dangerous temperament your dog may have, and you expressly agree to advise us promptly should this warranty become untrue or inaccurate. You indemnify us for any loss we suffer as a result of your failure to make the relevant disclosure to us.
4. PAYMENT OF FEES & REFUNDS
You acknowledge and accept that your registration for the Service will not be complete until a minimum non refundable deposit of $50.00 is received by us. Payment for the deposit and/or full fees can be made to us by cash, EFT or Credit Card. Payment of fees must be made in full at least 7 business days prior to the commencement of the registered Service. If you fail to make the full payment on or before the commencement of the registered Service, your registration may, at our sole discretion, be cancelled.
Should you elect to terminate your registration after the commencement of the Service due to a change of mind or circumstance,we may, at our sole discretion, agree to provide a substitute service at a different time and/or place; however, you will not be entitled to a refund of the fee.
In the event of any minor problem with us providing the Service, you must give us an opportunity to provide you with a substitute service (at no further cost to you) within a reasonable time before purporting to terminate the Service or demanding a refund.
We agree to provide you a refund (less the administration fee) of any monies paid by you should you elect to cancel your registration PROVIDED that you give us a minimum of (7) days written notice prior to the commencement of the Service. If you fail to give us the required notice, then all monies paid to us will be forfeited. You acknowledge and accept that any refund granted by us under this clause is limited to monies paid by you to us and we take no responsibility for any third party charges (i.e. credit card fees) as a result of either a payment made by you or the refund granted by us.
If a Personal Training/Private Training Service is purchased you must use the Service within eight (8) calendar weeks of payment. If the Service is not used within eight (8) calendar weeks of payment, the services and all monies paid by you will be forfeited. If a Personal Training/Private Training or other Service is booked and you need to reschedule, you must provide us with at least four (4) business days notice before commencement of the Service. We reserve the right to charge an administrative fee in circumstances where you choose to reschedule the Personal Training/Private Training or other Service after the expiry of the required notice period. In the event you fail to attend a Personal Training or Private Training service at the time and place booked, you will be charged and administration fee to reschedule the said service. Notwithstanding any other provision herein and for the avoidance of doubt, no refund is available on a Personal Training/Private Training or other Service due to a change of mind.
6. CONSENT TO USE OF DIGITAL AND ELECTONIC MATERIAL
You acknowledge and accept that during the provision of the Service, we may take photographs and/or make audio or other media recordings in which you may appear. You consent to us (and any person authorised by us) to copy or reproduce such material (whether by photo, film or other digital, electronic or printed media) as we may in our sole discretion determine, for the purpose of marketing and promoting the Service without acknowledgment to you and without entitlement by you to any remuneration or compensation now or in the future. You agree that you will have no further rights to the material, including moral rights and copyright. We agree not to use the material in a manner that may be deemed adverse or defamatory to you. We further agree that your personal details (including your name) will not be used in the featured material without your express consent.
7. MEMBER CONDUCT
You acknowledge and accept that by registering for Service you agree to be bound by Our Rules. You agree that whilst using the Service you will not:
(a) act in a way that is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, invasive of another’s privacy, hateful, or racially, ethnically or otherwise objectionable;
(b) allow your dog to harm us or our clients in any way; and
(c) unreasonably interfere with or disrupt the Service or disobey any of our reasonable requirements, procedures, policies or regulations.
We reserve the right (but not the obligation), in our sole discretion to refuse, or remove any person (including you) or dog from a Service that violates this Agreement or is otherwise objectionable.
In certain instances we may agree to give your dog private training whereby your dog is left in our care. Should you fail to collect your dog as agreed between us then we may have your dog taken to a dog kennel to be kept and cared for at your cost. Should you fail to collect your dog within 7 days of the date agreed by us then we reserve the right to hand your dog over to the RSPCA. You indemnify us and hold us blameless for any loss or harm suffered by you or your dog as a result of us acting in accordance with our rights under this clause.
You acknowledge, consent and agree that we may disclose your personal and other information if required to do so by law or in a good faith belief that such disclosure is reasonably necessary to: (a) comply with legal process; (b) enforce this Agreement; (c) respond to claims made by you or another; (d) respond to your requests for customer service; or (e) protect the rights, property or personal safety of our officers, agents, employees and clients.
You agree to indemnify us and hold our officers, agents and employees harmless from any claim or demand, including reasonable legal fees incurred by us:
(a) as a result of your breach of this Agreement and/or your negligent acts or omissions in the use of the Service;
(b) for any loss, injury, or death of any animal in our care other than as a result of our negligent acts or omissions.
In the case of subsection (b), you agree to wholly indemnify us with respect to any medical, veterinary or other related costs that we may reasonably incur.
9. DISCONTINUANCE OR MODIFICATION TO SERVICES
We reserve the right at any time and from time to time to modify or discontinue (temporarily or permanently) any of the Services (or any part thereof) with or without notice. We will however take all reasonable steps to provide such notice to you.
Should we discontinue a Service, we agree to promptly provide you with a full refund of any monies paid by you. You acknowledge and accept that any refund granted by us under this clause is limited to monies paid by you to us and we take no responsibility for any third party charges as a result of either a payment made by you or the refund granted by us.
We agree that any modification of the Service will continue to be fit for the purpose the original Service was intended, as disclosed by us in writing or requested in writing by you prior to the commencement of the Service.
You agree that we may, under certain circumstances and without prior notice, immediately terminate your registration for the Service. We may terminate the Service for, but not be limited to, the following reasons:
(a) Your breach or violation of the this Agreement or other incorporated agreements or guidelines;
(b) requests by law enforcement or other government agencies;
(c) a request by you;
(d) discontinuance or material modification to the Service (or any part thereof) by us;
(e) unexpected issues or problems in us providing the Service;
(f) non-payment of any fees owed by you in connection with the Service.
You agree that all terminations under this Agreement will be made at our sole discretion and that we will not be liable to you or any third party for any termination of the Services other than for a termination under subsections (d) and (e) .
You expressly acknowledge and accept that:
(a) unless you have specified in writing (and we have agreed) that the Service will be fit for a particular purpose, the Service will be solely fit for the purpose indicated by us in our registration material;
(b) As a consequence of the nature of the Service, we are unable to make any warranty that the Services will be uninterrupted, timely, secure or error-free;
(c) As a consequence of the nature of the Service, we are unable to warrant that the results that may be obtained from the use of the Services will be consistent OR meet your particular expectations for your pet.
12. LIMITATION OF LIABILITY
Subject to applicable law, you expressly acknowledge and accept that we will not be liable to you for any direct, indirect, incidental, special, consequential or exemplary damages, resulting from:
(a) your negligent use of the Service;
(b) the cost of procurement of substitute Services at your request; or
(c) statements or conduct of any third party through the use of the Service.
We may provide you with notices, including those regarding changes to this Agreement, by email, regular mail or postings on the website. You may provide any notices to us by:
14. GENERAL INFORMATION
Intellectual Property: You acknowledge and accept that any video tutorial, notes or other material (our property) we provide you within the service belong to us. You agree not to distribute our property to any other party without our express written consent. You understand that a breach of this term may result in legal action being taken against you. You agree to fully indemnify us for any legal fees or costs we incur as a result of such action.
Entire Agreement. This Agreement constitutes the entire agreement between you and us and governs the use and provision of the Service, superseding any prior agreements between you and us with respect to the Service.
Choice of Law and Forum. This Agreement and the relationship between you and us will be governed by the laws of Queensland. You and we agree to submit to the personal and exclusive jurisdiction of the courts of Queensland.
Waiver and Severability of Terms. Our failure to exercise or enforce any right or provision of this Agreement will not constitute a waiver of such right or provision. If any provision of this Agreement is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision, and the other provisions of this Agreement remain in full force and effect.
Please report any violations of this Agreement to firstname.lastname@example.org