Dog Training Terms of Service.
ACCEPTANCE OF TERMS
1.1 West Coast Pet Care Centre (“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.
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 Training Courses (Residential);
Puppy Training Classes and Play Dates;
Dog Training Courses (Train & Board, and Refreshers);
Dog Training Classes;
Private Training (Personal Lessons) at facility, clients property or public location;
Virtual Training Lessons and Courses;
Other services we may offer to you from time to time (“Service”)
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.
YOUR USE OF SERVICE OBLIGATIONS
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 questionnaire. 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 use of our services 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.
PAYMENT OF FEES & REFUNDS
4.1 You acknowledge and accept that the serviced you have requested will not proceed until full price of the services is paid prior to commencement. If we do not receive the payment prior to commencement, then your service 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, direct deposit or Credit Card payments.
4.3 If you fail to make the full payment on or before the commencement of the service, your booking may, at our sole discretion, be cancelled.
4.4 Should you elect to terminate your service 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 problem with the 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 if or a credit applied to your account prior or during a service, at the discretion of the manager for the following circumstances. 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.
– The services require cancellation prior to commencement due to unforeseen health implications of yourself, which result in your own inability to continue with the services yourself or 3rd party in replacement of yourself.
– The services require cancellation prior to commencement due to unforeseen health implications to your dog, of which was not caused by intent (whether deliberate or not deliberate) from yourself, or family or friends of yourself which resulted in the dogs inability to continue with the services purchased.
– The services require cancellation during the service due to unforeseen health implications of yourself, which result in your own inability to continue with the services yourself or 3rd party in replacement of yourself.
– The services require cancellation during the service due to unforeseen health implications to your dog, of which was not caused by ill-intent (whether deliberate or not deliberate) from yourself, or family or friends of yourself which resulted in the dogs inability to continue with the services purchased.
4.8 We agree to provide you a refund (less the administration fee) of any monies paid if or a credit applied to your account after the completion of a paid service, if another service provided by us is not suitable, at the discretion of the manager for the following circumstances. 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.
– A refund or credit is request after the completion of the service(s) that were provided due to unforeseen health implications of yourself, which result in your own inability to continue with the dog or another 3rd party in replacement of yourself with the dog.
– A refund or credit is request after the completion of the service(s) that were provided due to unforeseen health implications to your dog, of which was not caused by ill-intent (whether deliberate or not deliberate) from yourself, or family or friends of yourself which resulted in the dogs inability to continue with yourself, or another 3rd party in replacement of yourself
4.9 If you book the Private Training Service (Personal Lessons), you must use the Service within 24 calendar weeks of payment. If the Service is not used within 24 calendar weeks of payment, the Service and all monies paid by you will be forfeited.
4.10 In the event you fail to attend a Private Training (Personal Lessons) session at the time and place booked, you may be charged an administration and a reasonable travel fee to reschedule the session.
4.12 If you book the Dog Training Service (Train & Board), failure to attend the Go Home Lesson or utilisation of the Lifetime Support Guarantee: Free Life Time Support (for the life of the dog) Service voids any request for refunds or credits of services paid due to dissatisfaction of the services provided, or regression of the dog after the completion of the service paid regardless of fault determined to.
4.13 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.
7.1 You acknowledge and accept that by registering for any of our Services you agree to be bound by Our Rules.
7.2 You agree that whilst participating in our Services you will not:
7.2.1 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;
7.2.2 allow your dog to harm us or our clients in any way; and
7.2.3 unreasonably interfere with or disrupt the Service or disobey any of our reasonable requirements, procedures, policies or regulations
7.3 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.
7.4 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.
8.1 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.
8.2 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.
DISCONTINUANCE OR MODIFICATION TO SERVICES
9.1 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.
9.2 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.
9.3 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
10.1 You agree that we may, under certain circumstances and without prior notice, immediately terminate your registration for the Service.
10.2 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.
10.3 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 8.1 and 8.2.
11.1 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.
(d) We can not guarantee that your dog will instantly start to behave, or problems will be resolved. To otherwise make such a claim would depend on too many factors beyond our control, such as the amount of time you are willing to spend training your dog, your ability to apply what you or your dog(s) have learned, and the possibility that your dog(s) may have a rare genetic or health condition, or other factor affecting its behaviour.
(e) The lifetime support guarantee & follow up lessons will be void if you conduct training with another third-party dog trainer after completing our Train & Board service.
(f) Progress within our Personal Lessons and Classes may be adversely impacted if you conduct training with another third-party dog training during service or after the service.
LIMITATION OF LIABILITY
12.1 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.
13.1 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: 49 Adams Rd Mariginiup WA 6078
Phone: (08) 9306 2767
Please report any violations of this Agreement to our office