Privacy Policy, Terms and Conditions and Cancellation and Conduct Policy

Privacy Policy

Privacy Policy - Our Commitment to Your Privacy BM Marinus Pty Ltd 

This site is owned and operated by BM Marinus Pty Ltd. Your privacy on the Internet is of utmost importance to us. At BM Marinus Pty Ltd, (hereafter referred to as BM) we want to make your experience online as satisfying and safe as possible. 

Because we gather certain types of information about our users, we feel you should fully understand our policy and the terms and conditions surrounding the capture and use of that information. This privacy statement discloses what information we gather and how we use it. 

This policy covers all associated BM sites, including www.heelsitandstay.com.auwww.mylifeasyourdog.com.au, wwwbelindamarinus.com.au and various 3rd party sites where BM Marinus Pty Ltd content is hosted. eg. Facebook, Youtube, Pinterest, Linked-in, LeadPages, ActiveCampaign, Forms, GoToWebinar etc 

INFORMATION BM GATHERS AND TRACKS: 

BM gathers two types of information about its users: 

Information that users provide through optional, voluntary submissions. These are voluntary submissions to receive our electronic newsletters, video marketing, to participate in our free training, our paid training, in our message boards and forums, to email a friend, and from participation in polls and surveys. 

Information BM gathers through aggregated tracking information derived mainly by tallying page views throughout our sites. This information allows us to better tailor our content to readers’ needs and to help us to better understand the demographics of our audience. Because BM derives its revenue mainly from paid training programs , providing such aggregated demographic data is essential to keeping our service relevant to users. Under no circumstances does BM divulge any information about an individual user to a third party. 

BM Gathers User Information In The Following Processes: 

OPTIONAL VOLUNTARY INFORMATION: 

We offer the following free services, which require some type of voluntary submission of personal information by users: 

1. Electronic newsletters policy 

We will offer free electronic newsletters to users. BM gathers the email addresses and, in some cases, phone numbers of users who voluntarily subscribe. Users may remove themselves from this mailing list by following the link provided in every newsletter that points users to the subscription management page. Users can also subscribe to the newsletters at the time of registration. 

2. Message boards/forums policy 

Users of the site’s Message Boards and Forums (such as Facebook, Youtube, Pinterest, Linked-in etc) must register separately for these services (all are free of charge) in order to post messages, although they needn’t register to visit the site. During registration for some of these, the user is required to supply a username, password, and email address as required under the privacy policies of those sites. 

3. E-mail this to a friend policy 

Our site users can choose to electronically forward a link, page, or documents to someone else if desired. The user must provide their email address, as well as that of the recipient. This information is used only in the case of transmission errors and, of course, to let the recipient know who sent the email. The information is not used for any other purpose. 

4. Polling 

We may offer interactive polls to users so they can easily share their opinions with other users and see what our audience thinks about important issues. Opinions or other responses to polls are aggregated and are not identifiable to any particular user. BM may use a system to “tag” users after they have voted, so they can vote only once on a particular question. This tag is not correlated with information about individual users. 

5. Survey 

BM may occasionally conduct user surveys to better target our content to our audience. We never share any of this information about specific individuals with any third party. 

CHILDREN

Consistent with the USA Federal Children’s Online Privacy Protection Act of 1998 (COPPA), we will never knowingly request personally identifiable information from anyone under the age of 13 without requesting parental consent. 

USAGE TRACKING 

BM tracks user traffic patterns throughout all of our sites. BM does break down overall usage statistics according to a user’s domain name, browser type, and MIME type by reading this information from the browser string (information contained in every user’s browser). 

BM sometimes tracks and catalogs the search terms that users enter in our Search function, but this tracking is never associated with individual users. We use tracking information to determine which areas of our sites users like and don’t like based on traffic to those areas. We do not track what individual users read, but rather how well each page performs overall. This helps us continue to build a better service for you 

COOKIES

We may place a text file called a “cookie” in the browser files of your computer. The cookie itself does not contain Personal Information although it will enable us to relate your use of this site to information that you have specifically and knowingly provided. But the only personal information a cookie can contain is information you supply yourself. A cookie can’t read data off your hard disk or read cookie files created by other sites. BM uses cookies to track user traffic patterns (as described above). Our advertising system delivers a one-time cookie to better track ad impressions and click rates. You can refuse cookies by turning them off in your browser. If you’ve set your browser to warn you before accepting cookies, you will receive the warning message with each cookie. You do not need to have cookies turned on to use this site. However, you do need cookies to participate actively in message boards, forums, polling and surveys. 

USE OF INFORMATION 

BM uses any information voluntarily given by our users to enhance their experience in our network of sites, whether to provide interactive or personalised elements on the sites or to better prepare future content based on the interests of our users. As stated above, we use information that users voluntarily provide in order to send out electronic newsletters and to enable users to participate in polls, surveys, message boards, and forums. We send out newsletters to subscribers on a regular schedule (depending on the newsletter), and occasionally send out special editions when we think subscribers might be particularly interested in something we are doing. BM never shares newsletter mailing lists with any third parties, including advertisers, sponsors or partners. When we use tracking information to determine which areas of our sites users like and don’t like based on traffic to those areas. We do not track what individual users read, but rather how well each page performs overall. This helps us continue to build a better service for you. We track search terms entered in Search function as one of many measures of what interests our users. BM creates aggregate reports on user demographics and traffic patterns. We will not disclose any information about any individual user except to comply with applicable law or valid legal process or to protect the personal safety of our users or the public. 

SHARING OF THE INFORMATION 

BM uses the above-described information to tailor our content to suit your needs and help us to better understand our audience’s demographics. This is essential to keeping our service running. We will not share information about individual users with any third party, except to comply with applicable law or valid legal process or to protect the personal safety of our users or the public. 

SECURITY

BM operates secure data networks protected by industry standard password protection systems. Our security and privacy policies are periodically reviewed and enhanced as necessary and only authorised individuals have access to the information provided by our customers. 

OPT-OUT POLICY 

We give users options wherever necessary and practical. Such choices include:
• Opting not to register to receive our electronic newsletters.
• Opting not to participate in certain interactive areas, which completely alleviates the need to gather any personally identifiable information from our users 

YOUR CONSENT 

By using this site, you consent to the collection and use of this information by BM. If we decide to change our privacy policy, we will post those changes on this page so that you are always aware of what information we collect, how we use it, and under what circumstances we disclose. 

BM Marinus Pty Ltd

  • Last Updated: 1 August 2017 

 

Terms and Conditions 

WEBSITE TERMS AND CONDITIONS OF USE

1. About the Website

  1. (a)  Welcome to www.heelsitandstay.com.au (the 'Website'). The Website provides you with an opportunity to browse and purchase various products that have been listed for sale through the Website (the 'Products'). The Website provides this service by way of granting you access to the content on the Website (the 'Purchase Services').

  2. (b)  The Website is operated by BM Marinus Pty Ltd(ACN 613145314). Access to and use of the Website, or any of its associated Products or Services, is provided by BM Marinus Pty Ltd. 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 Services, immediately.

  3. (c)  BM Marinus Pty Ltd reserves the right to review and change any of the Terms by updating this page at its sole discretion. When BM Marinus Pty Ltd updates the Terms, it will use reasonable endeavours 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.

2. Acceptance of the Terms

(a) You accept the Terms by remaining on the Website. You may also accept the Terms by clicking to accept or agree to the Terms where this option is made available to you by BM Marinus Pty Ltd in the user interface.

3. Registration to use the Purchase Services

(a) In order to access the Purchase Services, you must first register as a user of the Website. As part of the registration process, or as part of your continued use of the Purchase Services, you may be required to provide personal information about yourself (such as identification or contact details), including:

(i) Email address

(b) You warrant that any information you give to BM Marinus Pty Ltd in the course of completing the registration process will always be accurate, correct and up to date.

(c) 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. As a Member you will be granted immediate access to the Purchase Services.

(d) You may not use the Purchase Services and may not accept the Terms if:

  1. (a)  you are not of legal age to form a binding contract with BM Marinus Pty Ltd;

    or

  2. (b)  you are a person barred from receiving the Purchase Services under the

    laws of Australia or other countries including the country in which you are resident or from which you use the Purchase Services.

4. Your obligations as a Member

(a) As a Member, you agree to comply with the following: You will use the Purchase Services only for purposes that are permitted by:

  1. (i)  the Terms;

  2. (ii)  any applicable law, regulation or generally accepted practices or guidelines

    in the relevant jurisdictions;

  3. (iii)  you have the sole responsibility for protecting the confidentiality of your

    password and/or email address. Use of your password by any other person

    may result in the immediate cancellation of the Purchase Services;

  4. (iv)  any use of your registration information by any other person, or third

    parties, is strictly prohibited. You agree to immediately notify BM Marinus Pty Ltd of any unauthorised use of your password or email address or any breach of security of which you have become aware;

  5. (v)  access and use of the Website is limited, non-transferable and allows for the sole use of the Website by you for the purposes of BM Marinus Pty Ltd providing the Purchase Services;

  6. (vi)  you will not use the Purchase Services or Website for any illegal and/or unauthorised use which includes collecting email addresses of Members by electronic or other means for the purpose of sending unsolicited email or unauthorised framing of or linking to the Website;

  7. (vii)  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 Purchase Services. Appropriate legal action will be taken by BM Marinus Pty Ltd for any illegal or unauthorised use of the Website; and

  8. (viii)  you acknowledge and agree that any automated use of the Website or its

Purchase Services is prohibited.

5. Purchase of Products and Returns Policy

  1. (a)  In using the Purchase Services to purchase the Product through the Website, you will agree to the payment of the purchase price listed on the Website for the Product (the 'Purchase Price').

  2. (b)  Payment of the Purchase Price may be made through PayPal (the 'Payment Gateway Provider'). In using the Purchase Services, you warrant that you have familiarised yourself with, and agree to be bound by, the applicable Terms and Conditions of Use, Privacy Policy and other relevant legal documentation provided by the Payment Gateway Providers.

  3. (c)  Following payment of the Purchase Price being confirmed by BM Marinus Pty Ltd, you will be issued with a receipt to confirm that the payment has been received and BM Marinus Pty Ltd may record your purchase details for future use.

  4. (d)  BM Marinus Pty Ltd may, at their sole discretion, provide a refund on the return of the Products within 14 days where the Product packaging is unopened and remains in a saleable condition. You acknowledge and agree that you are liable for any postage and shipping costs associated with any refund pursuant to this clause.

6. Warranty

  1. (a)  BM Marinus Pty Ltd's Products come with guarantees that cannot be excluded under the Australian Consumer Law. You are entitled to a replacement or refund for a major failure of the Product and compensation for any other reasonably foreseeable loss or damage. You are also entitled to have the Products repaired or replaced if the Products fail to be of acceptable quality and the failure does not amount to a major failure (the 'Warranty').

  2. (b)  You may make a claim under this clause (the 'Warranty Claim') for material defects and workmanship in the Products within 3 months from the date of purchase (the 'Warranty Period').

  3. (c)  In order to make a Warranty Claim during the Warranty Period, you must provide proof of purchase to BM Marinus Pty Ltd showing the date of purchase of the Products, provide a description of the Products and the price paid for the Products by sending written notice to BM Marinus Pty Ltd at 553 Lake MacDonald Drive, Lake MacDonald, Queensland, 4563 or by email at woof@heelsitandstay.com.au.

  4. (d)  Where the Warranty Claim is accepted then BM Marinus Pty Ltd will, at its sole discretion, either repair or replace any defective Products or part thereof with a

new or remanufactured equivalent during the Warranty Period at no charge to you for parts or labour. You acknowledge and agree that you will be solely liable for any postage or shipping costs incurred in facilitating the Warranty Claim.

  1. (e)  The Warranty shall be the sole and exclusive warranty granted by BM Marinus Pty Ltd and shall be the sole and exclusive remedy available to you in addition to other rights and under a law in relation to the Products to which this warranty relates.

  2. (f)  All implied warranties including the warranties of merchantability and fitness for use are limited to the Warranty Period.

  3. (g)  The Warranty does not apply to any appearance of the supplied Products nor to the additional excluded items set forth below nor to any supplied Products where the exterior of which has been damaged or defaced, which has been subjected to misuse, abnormal service or handling, or which has been altered or modified in design or construction.

7. Delivery

  1. (a)  You acknowledge that the Purchase Services offered by BM Marinus Pty Ltd integrate delivery (the ' Delivery Services') through the use of third party delivery companies (the ' Delivery Service Providers').

  2. (b)  In providing the Purchase Services, BM Marinus Pty Ltd may provide you with a variety of delivery and insurance options offered as part of the Delivery Services by the Delivery Service Providers. You acknowledge and agree that BM Marinus Pty Ltd is not the provider of these delivery and insurance options and merely facilitates your interaction with the Delivery Service Providers in respect to providing the Delivery Services.

  3. (c)  In the event that an item is lost or damaged in the course of the Delivery Services, BM Marinus Pty Ltd asks that you:

    1. (i)  contact the Delivery Service Provider directly to request a refund or to claim

      on any insurance options available; and

    2. (ii)  contact us by sending an email to woof@heelsitandstay.com.au outlining in

      what way the Products were damaged in transit so we are able to determine if the Delivery Service Provider should be removed from the Purchase Services.

8. Copyright and Intellectual Property

(a) The Website, the Purchase Services and all of the related products of BM Marinus 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 site content and compilation of the website (including text, graphics, logos, button icons, video images, audio clips and software) (the 'Content') are owned or controlled for these purposes, and are reserved by BM Marinus Pty Ltd or its contributors.

  1. (b)  BM Marinus Pty Ltd retains all rights, title and interest in and to the Website and all related content. Nothing you do on or in relation to the Website will transfer to you:

    1. (a)  the business name, trading name, domain name, trade mark, industrial

      design, patent, registered design or copyright of BM Marinus Pty Ltd; or

    2. (b)  the right to use or exploit a business name, trading name, domain name,

      trade mark or industrial design; or

    3. (c)  a system or process that is the subject of a patent, registered design or

      copyright (or an adaptation or modification of such a system or process).

  2. (c)  You may not, without the prior written permission of BM Marinus 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 Content or third party content for any purpose. This prohibition does not extend to materials on the Website, which are freely available for re-use or are in the public domain.

9. Privacy

(a) BM Marinus Pty Ltd takes your privacy seriously and any information provided through your use of the Website and/or the Purchase Services are subject to BM Marinus Pty Ltd's Privacy Policy, which is available on the Website.

10. General Disclaimer

  1. (a)  You acknowledge that BM Marinus Pty Ltd does not make any terms, guarantees, warranties, representations or conditions whatsoever regarding the Products other than provided for pursuant to these Terms.

  2. (b)  BM Marinus Pty Ltd will make every effort to ensure a Product is accurately depicted on the Website, however, you acknowledge that sizes, colours and packaging may differ from what is displayed on the Website.

  3. (c)  Nothing in these Terms limits or excludes any guarantees, warranties, representations or conditions implied or imposed by law, including the Australian Consumer Law (or any liability under them) which by law may not be limited or excluded.

  4. (d)  Subject to this clause, and to the extent permitted by law:

(i) all terms, guarantees, warranties, representations or conditions which are not expressly stated in these Terms are excluded; and

(ii) BM Marinus Pty Ltd will not be liable for any special, indirect or consequential loss or damage (unless such loss or damage is reasonably foreseeable resulting from our failure to meet an applicable Consumer Guarantee), loss of profit or opportunity, or damage to goodwill arising out of or in connection with the Purchase Services or these Terms (including as a result of not being able to use the Purchase Services or the late supply of the Purchase Services), whether at common law, under contract, tort (including negligence), in equity, pursuant to statute or otherwise.

(e) Use of the Website, the Purchase Services, and any of the products of BM Marinus Pty Ltd (including the Delivery Services), is at your own risk. Everything on the Website, the Purchase Services, and the Products of BM Marinus Pty Ltd, are provided to you on an "as is" and "as available" basis, without warranty or condition of any kind. None of the affiliates, directors, officers, employees, agents, contributors, third party content providers or licensors of BM Marinus Pty Ltdincluding any third party where the Delivery Services are made available to you) make any express or implied representation or warranty about its Content or any products or Purchase Services (including the products or Purchase Services of BM Marinus Pty Ltd) referred to on the Website. This includes (but is not restricted to) loss or damage you might suffer as a result of any of the following:

  1. (i)  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 unauthorised access to records;

  2. (ii)  the accuracy, suitability or currency of any information on the Website, the Purchase Service, or any of its Content related products (including third party material and advertisements on the Website);

  3. (iii)  costs incurred as a result of you using the Website, the Purchase Services or any of the Products;

  4. (iv)  the Content or operation in respect to links which are provided for the User's convenience;

  5. (v)  any failure to complete a transaction, or any loss arising from e-commerce transacted on the Website; or

  6. (vi)  any defamatory, threatening, offensive or unlawful conduct of third parties

or publication of any materials relating to or constituting such conduct.

11. Limitation of Liability

  1. (a)  BM Marinus Pty Ltd's total liability arising out of or in connection with the Purchase Services or these Terms, however arising, including under contract, tort (including negligence), in equity, under statute or otherwise, will not exceed the most recent Purchase Price paid by you under these Terms or where you have not paid the Purchase Price, then the total liability of BM Marinus Pty Ltd is the resupply of information or Purchase Services to you.

  2. (b)  You expressly understand and agree that BM Marinus Pty Ltd, its affiliates, employees, agents, contributors, third party content providers 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.

  3. (c)  BM Marinus Pty Ltd is not responsible or liable in any manner for any site content (including the Content and Third Party Content) posted on the Website or in connection with the Purchase Services, whether posted or caused by users of the website of BM Marinus Pty Ltd, by third parties or by any of the Purchase Services offered by BM Marinus Pty Ltd.

  4. (d)  You acknowledge that BM Marinus Pty Ltd does not provide the Delivery Services to you and you agree that BM Marinus Pty Ltd will not be liable to you for any special, indirect or consequential loss or damage, loss of profit or opportunity, or damage to goodwill arising out of or in connection with the Delivery Services.

12. Termination of Contract

  1. (a)  The Terms will continue to apply until terminated by either you or by BM Marinus Pty Ltd as set out below.

  2. (b)  If you want to terminate the Terms, you may do so by:

    1. (i)  notifying BM Marinus Pty Ltd at any time; and

    2. (ii)  closing your accounts for all of the Purchase Services which you use,

      where BM Marinus Pty Ltd has made this option available to you.

  3. (c)  Your notice should be sent, in writing, to BM Marinus Pty Ltd via the 'Contact Us' link on our homepage.

  4. (d)  BM Marinus Pty Ltd may at any time, terminate the Terms with you if:

  1. (i)  you have breached any provision of the Terms or intend to breach any provision;

  2. (ii)  BM Marinus Pty Ltd is required to do so by law;

  3. (iii)  the partner with whom BM Marinus Pty Ltd offered the Purchase Services

    to you has terminated its relationship with BM Marinus Pty Ltd or ceased to

    offer the Purchase Services to you;

  4. (iv)  BM Marinus Pty Ltd is transitioning to no longer providing the Purchase

    Services to Users in the country in which you are resident or from which

    you use the service; or

  5. (v)  the provision of the Purchase Services to you by BM Marinus Pty Ltd is, in

    the opinion of BM Marinus Pty Ltd, no longer commercially viable.

  1. (e)  Subject to local applicable laws, BM Marinus Pty Ltd reserves the right to discontinue or cancel your membership to the Website at any time and may suspend or deny, in its sole discretion, your access to all or any portion of the Website or the Purchase Services without notice if you breach any provision of the Terms or any applicable law or if your conduct impacts BM Marinus Pty Ltd's name or reputation or violates the rights of those of another party.

  2. (f)  When the Terms come to an end, all of the legal rights, obligations and liabilities that you and BM Marinus Pty Ltd have benefited from, been subject to (or which have accrued over time whilst the Terms have been in force) or which are expressed to continue indefinitely, shall be unaffected by this cessation, and the provisions of this clause shall continue to apply to such rights, obligations and liabilities indefinitely.

13. Indemnity

(a) You agree to indemnify BM Marinus Pty Ltd, its affiliates, employees, agents, contributors, third party content providers and licensors from and against:

  1. (i)  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 any Content you post through the Website;

  2. (ii)  any direct or indirect consequences of you accessing, using or transacting on the Website or attempts to do so and any breach by you or your agents of these Terms; and/or

  3. (iii)  any breach of the Terms.

14. Dispute Resolution

  1. (a)  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).

  2. (b)  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.

  3. (c)  Resolution:

    On receipt of that notice ('Notice') by that other party, the parties to the Terms ('Parties') must:

    1. (i)  Within 14 days of the Notice endeavour in good faith to resolve the Dispute expeditiously by negotiation or such other means upon which they may mutually agree;

    2. (ii)  If for any reason whatsoever, 14 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 Conflict Resolution Service or his or her nominee;

    3. (iii)  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 pre-condition to the mediation commencing. The Parties must each pay their own costs associated with the mediation;

    4. (iv)  The mediation will be held in Sunshine Coast, Australia.

  4. (d)  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.

  5. (e)  Termination of Mediation:

    If 30 days 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.

15. Venue and Jurisdiction

(a) The Purchase Services offered by BM Marinus 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.

16. Governing Law

(a) 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.

17. Independent Legal Advice

(a) 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.

18. Severance

(a) 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.

 

Cancellation Policy and conduct

  1. ACCEPTANCE OF TERMS

1.1 BM Marinus Pty Ltd trading as Heel Sit and Stay! Dog Obedience (“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.

  1. DESCRIPTION OF SERVICE

2.1 Subject to the terms of this Agreement, we agree to provide dog training services through the following courses (where available):

· Puppy Preschool Courses;

· Teenage Puppy School Course

· Obedience Dog Training Courses;

· Private Lessons and Training;

· Agility, Scentwork, Verbal Markers and other courses

· Workshops, seminars; and

· Other services we may offer to you from time to time (“Service”)

2.2 All of our Training Courses offer the same information and training information. Accordingly, we reserve the right to combine classes with puppies within different age groups, and combine basic obedience with ongoing obedience courses should we choose at our sole discretion.

3.             YOUR REGISTRATION OBLIGATIONS

3.1 You declare that the information you provide to us about yourself and your puppy / dog is true, accurate, and current at the completion of your registration and booking form. You agree that you will advise us of any changes to the information provided at your earliest opportunity. 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 declare 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 immediately should this declaration 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.             PAYMENT OF FEES & REFUNDS

4.1 You acknowledge and accept that your registration for the Service will not be valid until the full price of the services is paid at the time of registration. 

4.2 We accept cash, EFT or Credit Card payments.

4.3 Payment of our fees must be made in full at least 2 business days prior to the commencement of the group training courses the registered Service. If you fail to make the full payment on or before the commencement of the group training course, 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. (Please note fees and additional charges may apply)

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 Lessons and 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 Lesson and Training session at the time and place booked, you may be charged an 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 48hours 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.


MEMBER CONDUCT

1. You acknowledge and accept that by registering for any of our Services you agree to be bound by Our Rules.

1.1 You agree that whilst participating in our Services you will not:

1.2 act in a way that is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libellous, invasive of another’s privacy, hateful, or racially, ethnically or otherwise objectionable;

1.3 allow your dog to harm us or our clients in any way; and

1.4 unreasonably interfere with or disrupt the Service or disobey any of our reasonable requirements, procedures, policies or regulations

1.5 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.

1.6 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.