Terms Of Service
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"). In addition, 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):
(c) Private Training; and
(d) Other services we may offer to you from time to time
("Service")
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 deposit of $50.00 is received by us. Payment for the deposit and/or full fees can be made to us by cash, cheque, EFT or Credit Card. Payment of fees must be made in full at least 3 business days prior to the commencement of the registered Service in order to receive any discounted price. If you fail to make the full payment to us at least 3 business days prior to commencement of the registered service you cannot claim the discounted price. 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, 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. This service is not transferable to a new owner.
We agree to provide you a refund (less a $10 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.
5. PRIVACY POLICY
Information provided to us through the registration process and certain other information about you is subject to our Privacy Policy. You acknowledge and accept that by registering for the Service you consent to the collection and use (as set forth in the Privacy Policy) of this information.
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 the 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. You agree that you must evaluate, and bear all risks associated with, the use of the Service, including any reliance on the accuracy, completeness, or usefulness of the Service. In this regard, you acknowledge that you may not rely on any information advertised on our website in assessing the suitability of the Service for you or your dog.
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.
8. INDEMNITY
Subject to any applicable law, you agree to indemnify us and hold us and our officers, agents and employees harmless from any claim or demand, including reasonable legal fees, made by any third party due to or arising out of your use of the Service, your violation of this Agreement, or your violation of any rights of another.
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.
10. TERMINATION
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) breaches or violations 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);
(e) unexpected issues or problems;
(f) non-payment of any fees owed by you in connection with the Service.
Subject to the terms of this Agreement, you agree that all terminations with cause will be made at our sole discretion and that we will not be liable to you or any third party for any termination of such services.
11. DISCLAIMER OF WARRANTIES
You expressly acknowledge and accept that:
(a) Your use of the Service is at your sole risk. The Service is provided on an "as is" and "as available" basis. We expressly disclaim all warranties of any kind, whether express or implied, including, but not limited to the implied warranties of fitness for a particular purpose.
(b) We make no warranty that Services will meet your requirements OR that the Service will be uninterrupted, timely, secure or error-free OR that the results that may be obtained from the use of the Services will be consistent OR that the Service will meet your particular expectations.
(c) No advice or information, whether oral or written, obtained by you from us or through or from the Services will create any warranty not expressly stated in this Agreement.
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:
(d) the use or the inability to use the Service;
(e) the cost of procurement of substitute services; or
(f) statements or conduct of any third party through the use of the Service.
13 NOTICES
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
Email: dee@positiveresponse.net.au
Facsimile: (07) 3821 6996
14 GENERAL INFORMATION
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.
15 VIOLATIONS
Please report any violations of this Agreement to info@positiveresponse.net.au
