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DISCLAIMER

This Disclaimer has been specifically drafted for and provided to C.L.E.A.R Dog Training by Legal123 Pty Ltd, an Australian Incorporated Legal Practice (ILP) registered with ASIC and regulated by the Office of the Legal Services Commissioner.

Welcome to our website at www.cleardogtraining.com.au and/or www.cleardogtraining.com

If you continue to browse and use this website you are agreeing to comply with and be bound by the following disclaimer, together with our terms and conditions of use.

The information contained in this website is for general information purposes only. While we endeavour to keep the information up-to-date and correct, we make no representations or warranties of any kind, express or implied, about the completeness, accuracy, reliability, suitability or availability with respect to the website or the information, products, services, or related graphics contained on the website for any purpose. Any reliance you place on such information is therefore strictly at your own risk. You need to make your own enquiries to determine if the information or products are appropriate for your intended use.

In no event will we be liable for any loss or damage including without limitation, indirect or consequential loss or damage, or any loss or damage whatsoever arising from loss of data or profits arising out of, or in connection with, the use of this website.

Through this website you may be able to link to other websites which are not under our control. We have no control over their nature, content and availability. The inclusion of any links does not necessarily imply a recommendation or endorse the views expressed within them.

Every effort is made to keep our website up and running smoothly. However we take no responsibility for, and will not be liable for, the website being temporarily unavailable due to technical issues beyond our control.

COPYRIGHT NOTICE

This website and its contents are the copyright of www.cleardogtraining.com.au . All rights are reserved.

Any redistribution or reproduction of part or all of the contents in any form is prohibited other than the following. You may print or download contents to a local hard disk extracts for your personal and non-commercial use only. You may copy some extracts only to individual third parties for their personal use, but only if you acknowledge this website as the source of the material.

You may not, except with our express written permission, distribute or commercially exploit the content. You may not transmit it or store it in any other website or other form of electronic retrieval system.

TERMS OF SERVICE

1. ACCEPTANCE OF TERMS

C.L.E.A.R Dog Training ("We", "us" or "our") agree to provide dog training services to you subject to the following terms of service ("this agreement"). When using our services you will be bound by any guidelines or rules applicable to such services, which may be posted on our website from time to time.

All such guidelines or rules are hereby incorporated by reference into this agreement. 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. YOUR REGISTRATION OBLIGATIONS

You warrant that the information you provide to us about yourself and your dog is true, accurate, current and complete as per the dog profile registration form and/or the puppy profile 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 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 part thereof.

You warrant that you are the lawful owner of the dog and 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 warranty become untrue or inaccurate. You will indemnify us for any loss we suffer as a result of your failure to make the relevant disclosure to us.

Should you require us to attend your premises to provide a service, you warrant:

(i)      The property is safe and secure for your pet and us;

(ii)    You have adequate home, contents and public liability insurance to cover you and us for any damage, loss or injury caused whatsoever in the provision of service by us other than by reason of our negligent acts of omissions;

3. PAYMENT OF FEES & REFUNDS

Payment for our professional fees can be made to us by cash, cheque or internet banking prior to the commencement of any weekly class training or at the conclusion of an individual training session. To receive a discounted price for on-going training if required payment must be made in full at least ten days prior to the commencement of the registered service.

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 $25 administration fee) of any monies paid by you for on-going training should you elect to cancel your registration provided that you give us a minimum of ten days written notice prior to the commencement of the service. If you fail to give us the required notice, then all monies paid will be forfeited.

Refund Product Policy

We do not give refunds so please choose carefully.  This includes if you simply change your mind or make an incorrect selection. Used goods can not be returned.

4. 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 any of our services you consent to the collection and use of this information. Please refer to our full privacy policy

5. CONSENT TO THE USE OF DIGITAL AND ELECTRONIC MATERIAL

You acknowledge and accept that during the provision of the training service we may take photographs and/or make audio or other media recordings in which you and your dog may appear. We agree that this material will not be used for promotional or marketing purposes without your express consent. If you consent to us to use such material as we may in our sole discretion determine for the purpose of marketing and promoting it will be on the basis of no entitlement by you to any remuneration or compensation now or in the future and you agree that you will have no further rights to the material, including moral rights and copyright. 

6. MEMBER CONDUCT

You acknowledge and accept that by registering for any one of our services 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, libellous, 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 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 or the Animal Welfare League. You agree to 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 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 instructors, officers, sub-contractors, agents, employees and clients.

7. 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.

You hereby indemnify and agree to reimburse us for any services rendered including, veterinary costs and medical expenses incurred:

(a)   On your behalf;

(b)   On behalf of your pet; or

(c)   As a result of injury or damage caused to us or a third party by your pet.

8. 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.

9. 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 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 training 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.

10. 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.

(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. You must make your own enquiries in this regard.

(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.

11. LIMITATION OF LIABILITY

Subject to applicable Queensland 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.

Should you require us to provide you with “pet sitting” services, we expressly disclaim any responsibility for your pet or property where a third party (e.g. your friend, family or contractor) enters your property when we are not there.

12. 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 posting them to:

10 Tonbridge Place
Tingalpa
Queensland 4173
Australia

13. GENERAL INFORMATION

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.

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 endeavour 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.

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.