Address: 73 Shore Street West, Cleveland
Date: 09-01-2020 6:15 pm
1.1 Positive Response Services Pty ltd trading as Positive Response Dog Training and Positive Response Assistance Dogs (“We”, “us” or “our”) agree to provide services to you subject to the following Terms of Service (“this Agreement”).
1.2 The services we agree to provide are personal to you and non-transferable without our express written consent.
1.3 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.
1.4 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.
2.1 Subject to the terms of this Agreement, we agree to provide dog training services through the following courses (where available):
2.2 All our Puppy Training Courses offer the same information and training program. Accordingly, we reserve the right to combine classes with puppies within different age groups, should we choose at our sole discretion.
3.1 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).
3.2 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 release and indemnify us for any loss suffered as a result of your failure to make the relevant disclosure to us.
4.1 You acknowledge and accept that your registration for the Service will not be valid until a non-refundable deposit of $50.00 is paid at the time of registration. If we do not receive the deposit within 72 hours of booking, then your registration will automatically be cancelled without notice. It is your responsibility to ensure that you have made a valid booking.
4.2 We accept cash, EFT or Credit Card payments.
4.3 Payment of our fees must be made in full at least 4 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.
4.4 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.
4.5 Should you terminate our Services due to a change of mind, you will not be entitled to a refund of any fees paid to us.
4.6 In the event of any minor problem with providing the Service, you must give us an opportunity to provide you with a substitute service within a reasonable time before purporting to terminate the Service or demanding a refund.
4.7 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 four (4) 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.
4.8 If you book the Private Training Service, 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 Service and all monies paid by you will be forfeited.
4.9 In the event you fail to attend a Private Training session at the time and place booked, you may be charged and administration and a reasonable travel fee to reschedule the session.
4.10 Should you wish to reschedule a booking, you must provide us with at least four (4) business days’ notice prior to the commencement of the training sessions. We reserve the right to charge an administration fee in the event that you fail to give us the minimum notice required.
4.11 If you have purchased any Positive Response bundle for courses the entirety of the courses included in the bundle MUST be utilized within 12 months of purchase. Any outstanding courses within the bundle not utilized within the 12 month period will be forfeited.
5.1 When you place an order, subject to availability, you may order for multiple products. If the weight of the goods is over 500gm further delivery charges will apply and you will be notified immediately.
5.2 We will charge you, and you agree to pay:
(a) the purchase price for each product ordered; and
(b) any applicable delivery or handling fees, in the amounts specified on the Website or advised to you by the customer service representative.
5.3 Payment for additional delivery must be paid prior to goods being sent.
5.4 All prices, delivery and handling fees are expressed in Australian dollars, and are inclusive of any applicable GST (as defined in A New Tax System (Goods and Services Tax) Act 1999 (Cth)).
5.5 If you are placing an order for or to be delivered to a third party, you represent and warrant to us that you have obtained consent from that third party to provide us with their Personal Information (as that term is defined in the Privacy Act, 1988 (Cth)).
5.6 Payment methods are specified on the Website or told to you at the time you place your order. The name on any credit card used for payment must match the name on the order.
5.7 All coupon or gift card codes must be entered at the shopping cart page or during checkout on the Website and cannot be redeemed once the order has been placed
5.8 You represent and warrant that in paying or attempting to pay for products using the Website, over the telephone or in person, you are not engaged in any fraudulent conduct or contravening any applicable state or federal laws.
5.9 We may, in our discretion, accept or reject an order for any reason, at any time. If we reject an order, you will receive a full refund of any money paid.
5.10 We will not be liable to you for any loss you or any third party suffers for a delay or failure to process your order or deliver products due to inaccurate or incomplete details being provided in an order.
5.11 Delivery will be made to the address specified in the purchase order. If you need to change the delivery address, please contact Customer Service as soon as possible and we will do our best to redirect your order. However, we will not be liable for any loss you or any third party suffer as a result of our inability to execute your request to change the delivery address
5.12 Deliveries are made using third parties. As such, we cannot commit to an exact delivery date or time. You will, however, be provided with a tracking number for your reference.
5.13 If an exchange is required for a harness due to client stating incorrect size, it must be returned to positive response dog training via Post or in person within 14 days of initial purchase. Additional postage fees apply to send replacement products. We reserve the right to withhold exchange if the product is returned damaged or used.
6.1 You must choose your products carefully. It is your responsibility to check the order (including all pricing and product information) before you complete the online checkout process or before you place your telephone order.
6.2 Positive Response Dog Training has made reasonable efforts to ensure that product information is accurate and to display as accurately as possible the colours of our products, however we cannot guarantee that your screen’s display will accurately reflect the colour of the product on delivery.
6.3 You acknowledge and agree that images of products are for illustrative purposes only and that any accessory featured with a product may be sold separately
8.1 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 such material being copied or reproduced (whether by photo, film or other digital, electronic or printed media), as we may in our sole discretion determine. We may use such material 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.
8.2 You agree that you will have no further rights to the material, including moral rights and copyright.
8.3 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.
9.1 You acknowledge and accept that by registering for any of our Services you agree to be bound by Our Rules.
9.2 You agree that whilst participating in our Services you will not:
9.3 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;
9.4 allow your dog to harm us or our clients in any way; and
9.5 unreasonably interfere with or disrupt the Service or disobey any of our reasonable requirements, procedures, policies or regulations
9.6 We reserve the right (but not the obligation), in our sole discretion to refuse, or remove any person (including you) or dog from a session if they violate the terms of this Agreement or is otherwise objectionable.
9.7 In certain instances, we may agree to give your dog Private Training and keep your dog 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.
9.8 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.
9.9 Users of our Assistance Dog Training services specifically acknowledge and agree:
(a) you must be the owner of the dog being trained and you warrant this to be true;
(b) In addition to Our Rules, you must abide by our Guidelines for Assistance Dog Eligibility.
(c) Upon successful completion of the Public Access Test your dog must wear the Positive Response Assistance Dogs Vest (“the Vest”) prior at all times whilst in public spaces and you must carry your Guide Hearing and Assistance Dog card as Identification. This Vest and any other PRAD Vest is purchased on a hire basis only.
(d) All Vests remain the property of Positive Response Assistance Dogs and upon retiring or removal from the PRAD program the vest/s must be returned immediately to PRAD.
10.1 You agree to release and 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.
10.2 In the case of subsection 1(b), you agree to wholly release and indemnify us with respect to any medical, veterinary or other related costs that we may reasonably incur.
11.1 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). We will take all reasonable steps to provide notice to you; however, are not obliged to do so.
11.2 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.
11.3 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
12.1 You agree that we may, under certain circumstances and without prior notice, immediately terminate your registration for the Service.
12.2 We may terminate the Service for, but not be limited to, the following reasons:
(a) Your breach or violation of 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.
12.3 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 10.2.4 and 10.2.5.
13.1 You expressly acknowledge and accept that:
(a) Unless you have requested 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 Service will be consistent or meet any particular expectations you may have for your pet.
14.1 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.
15.1 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:
Post: C/- 73 Shore Street, West Cleveland Qld 4163
Facsimile: (07) 3821 6996
16.1 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.
16.2 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.
16.3 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.
16.4 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