Consent Agreement
“You” the user of Paws And Think Dog Training services consent to the services which you have engaged Paws And Think Dog Training to perform in a manner to be determined by Paws And Think Dog Training.
“You” agree that during the performance of those services and entirely at the discretion of Paws And Think Dog Training they may at your cost perform additional services if it is considered to be in the best interest of your pet to perform those services.
“You” agree to Paws And Think Dog Training taking your pet to any suitably qualified vet to perform any emergency treatment that your pet may require while the services are being performed at your cost.
“You” agree that your pet at the absolute discretion of Paws And Think Dog Training or their agents, assigns, employees or contractors maybe muzzled, tethered or otherwise humanely restrained.
“You” agree that your pet maybe photographed while receiving the services that you have engaged Paws And Think Dog Training to perform and that any such photograph maybe used in social media, advertising or other promotional matters with no compensation to you.
“You” agree to indemnify Paws And Think Dog Training and or release them of all legal, financial, and any other liability that includes their agents, employees, successors and assigns, and their respective heirs, personal representatives, affiliates, successors and assigns, from any and all claims, demands, damages, actions, causes of action or suits of any kind or nature whatsoever, which have or may hereafter have, arising out of or in any way relating to any and all injuries and damages of any and every kind, to both person and property, and also any and all injuries and damages that may develop in the future, as a result of or in any way relating to your engagement of Paws And Think Dog Training.
This Consent shall be governed by the laws of the State of New South Wales.
This Consent has been read and fully understood by “You” and by clicking AGREE you agree to accept and be bound by the terms of this consent agreement in respect of the services you requested to be performed.
Service Agreement
General
The terms and conditions under which services will be provided to you are included in this service agreement, the consent agreement and the terms and conditions of use of this website. When you use this website, you agree to abide by the terms and conditions of use of the website as set out in the user agreement. When you book an appointment, you agree to consent to and abide by this service agreement and when you confirm an appointment by clicking on the agree button you have expressly agreed to the consent requirements for the provision of our services and for the payment of those services including any cancelled services as per this agreement. Please note that this agreement will be binding and continue for all future bookings whether you book online or not.
Definitions
“Paws And Think Animal Training” and “Paws And Think” means Paws And Think Dog Training ABN: 92587274047
“You” means the consumer or person using the services of Paws And Think.
“Services” means any group class training or individual private training consultations.
“Assessments and Evaluations” means temperamental/behaviour evaluation for the dog. If dogs are showing any sign of severe aggression or anxiety the training services may need to be ceased immediately and/or the dog be safely restrained and physically separated from the immediate area.
“website” means this website www.pawsandthink.com.au
“Additional Services” means any service that PAWS AND THINK determines is necessary for the health and wellbeing of the animal including but not limited to veterinary care at your cost.
“Further Services” means any further service that has been agreed between the parties whether in writing or orally at your cost
“Consent Agreement” means the consent agreement in this set of terms and conditions
“Behavioural Assessment” means an assessment of your animal and its responses to the environment, other dogs, other animals, and human handlers.
“Party/Parties” means you and PAWS AND THINK DOG TRAINING
“Formal Process” means a formal mediation as per the agreement
“Animal Aggression” means any behaviour that PAWS AND THINK deems to be anti-social, inappropriate or a risk of wellbeing to any parties/people involved.
“Animal Condition” means the condition of your pet coat and includes matting, tangles, health conditions.
Services
The PAWS AND THINK will provide the services that you have requested and will only provide additional services if it is in the best interest of the animal as defined in the consent agreement or if further services have been agreed to be provided in writing where those additional services and the original services have been paid for in full. Further services can be agreed between the parties orally where the dog has previously attended PAWS AND THINK ANIMAL TRAINING services.
The services to be provided must be agreed in writing and prepayment for services must be received prior to the commencement of services.
While PAWS AND THINK takes all care in the provision of it accepts no responsibility for the provision of those services and does not guarantee that the services booked and paid for will be provided where in the absolute discretion of PAWS AND THINK the animal or handler/guardian/owner/carer is unruly or aggressive.
PAWS AND THINK may in its absolute discretion refuse to provide services for any animal or persons even if services have been booked. Where services are booked but PAWS AND THINK refuses to provide those services a refund of any monies paid will be made. Where you have previously been notified in writing by PAWS AND THINK that you and your animal will not be provided services and you book and pay for services your money will be refunded less an administration fee.
Where the agreement is for ongoing services, the agreement will continue until cancelled in writing providing 28 days notice.
All services are to be carried out during PAWS AND THINK normal hours of business.
You agree that all services are prepaid but where an auto payment is rejected, or your bank stops a payment that you will make the payment in full at the earliest possible time and that you will be charged an administration fee and interest at the rate set by the Supreme Court of NSW for interest.
Cancellation (excludes ALL/ANY Class bookings)
You may cancel your private training appointment or reschedule an appointment without penalty up to 72 hours prior to the confirmed service.
Cancellations made within 72 hours of the confirmed service will incur the payment of full fees for the service booked.
Where in its absolute discretion PAWS AND THINK cancels a confirmed service, you will be issued with a credit for future services or offered an alternative time to have the booked service performed.
Training class Cancellation
Classes must now be paid in full, and refunds are not available. This is to reduce people signing up and holding a place in the classes but never showing up, leaving people waiting to get into a class being left out.
Please note that any rescheduling/cancelling with less than 7 days’ notice is not refundable; as filling the space at short notice may not be possible. IF I can fill the spot in the class, you are no longer attending then a refund may be offered minus a $95 administration fee.
If you need to move to another class/date/location with more than 7 days’ notice this should not be a problem on the basis that there is available room for you to move into another desirable class. From September-April every year classes fill VERY quickly so get in early if you need to change. Moving to another class or time slot may not be guaranteed due to bookings.
Where in its absolute discretion PAWS AND THINK cancels a confirmed service/appointment you will be issued with a credit for future services or offered an alternative time to have the booked service performed.
Courses/Classes/Packages/Training services
All the services are subject to the validity terms offered upon booking.
Services are non-refundable/transferable.
Waiting Time
You agree that if you are late to attend classes or private training sessions, we will take that waiting time as part of your paid service time slot. Lateness on your part does not require Paws And Think to ‘catch you up’ for anything that you may have missed.
Responsibilities of Owner
You must provide a medical and vaccination history for your animal on using our service or upon request. All our programs require a C5 vaccination card.
You must submit to and pay for a behavioural assessment if it is requested by PAWS AND THINK.
You must provide any other information requested with respect of your animal upon request.
You must ensure that you, or the handler for your animal, and your animal are ready to start the booked services/classes at the agreed time and that you will be responsible for and pay any additional fees should it be required.
You agree that your animal is under 5 months of age when attending puppy classes and over 6 months of age for any other group classes.
You must without delay collect/restrain/leash your animal if requested to do so by PAWS AND THINK and any employees of Paws And Think Dog Training.
You must pay for all services prior to the service being provided.
You agree that your animal is free from fleas, ticks and other parasites.
You agree that your animal is not aggressive towards people, toys or other animals.
You agree that your animal has not had any disease or been exposed to any disease prior to the services being provided including but not limited to distemper, canine or kennel cough, canine influenza, giardia, leptospirosis or similar diseases.
Price Increase and Public Holidays
Prices are subject to change without notice.
Additional Services
Any additional service will be at the discretion of PAWS AND THINK and must be approved in writing before the service is to be provided unless the service is deemed by PAWS AND THINK in their sole discretion that the service is reasonable and necessary for the wellbeing of the animal.
Required Services
If your chosen booked and paid service is deemed not appropriate for the training needs that are actually required, at the sole discretion of PAWS AND THINK you will be charged an additional fee to cover the costs of the appropriate service.
Exclusions
PAWS AND THINK will not be liable for any loss or damage that arises out of or in connection with this agreement whether any such loss or damage is caused by negligence or wilful act of PAWS AND THINK and you agree
Disputes
The parties agree to raise any grievance or dispute directly with the other party.
Where a satisfactory resolution cannot be reached you agree to enter into a private mediation prior to lodging any formal process.
The parties agree that they will appoint an agreed mediator to mediate any dispute and where a mediator cannot be agreed then the Law Society of NSW will appoint a mediator.
Any mediation must take place within Greater Sydney and be in the English Language.
Credit Cards
You agree that we can keep your credit details on file and that we can charge your credit card for missed or cancelled appointments and for additional or further services.
Entire Agreement
This agreement, the consent agreement and the terms and conditions of use of this web site contains the entire agreement between the parties and all previous negations, understandings, representations, warranties, commitments are superseded by this agreement and are of no effect.
Severability
If any of this agreement is found to be void or voidable then that part of the agreement may not be enforced but the remainder of the agreement will remain in place.
Disclaimers
While PAWS AND THINK will take all reasonable measures to ensure the protection and wellness of your animal during the provision of services you agree to indemnify them against any claim, cause of action or suit that may arise out of your animal attending or utilising a PAWS AND THINK service.
While PAWS AND THINK takes all reasonable measures to prevent injury or harm to your animal you will indemnify and not hold liable PAWS AND THINK for any injury or death of an animal that may occur while the animal is undergoing a service or is being transported by PAWS AND THINK.
You expressly agree to pay for any damage, injury or other liability caused by your animal while it is with PAWS AND THINK.
TERMS OF USE
PLEASE READ THESE TERMS CAREFULLY BEFORE USING THIS SITE
The PAWS AND THINK DOG TRAINING Website (the “Site”), including but not limited to www.pawsandthink.com.au, provides an online resource for domestic and professional pet care. These terms may be changed from time to time and without further notice. Your continued use of the Site after any such changes constitutes your acceptance of the new terms. If you do not agree to abide by these or any future terms, please do not use the Site or download materials from it. PAWS AND THINK may terminate, change, suspend or discontinue any aspect of the Site, including the availability of any features, at any time. PAWS AND THINK may remove, modify, or otherwise change any content, including that of third parties, on or from this Site. PAWS AND THINK may impose limits on certain features and services or restrict your access to parts or all of the Site without notice or liability. PAWS AND THINK may terminate your use of the Site at any time in its sole discretion. These terms apply exclusively to your access to and use of the Site and do not alter the terms or conditions of any other agreement you may have with PAWS AND THINK or affiliates.
1. Proprietary Rights.
Copyrights. All content on this Site, including but not limited to design, text, software, technical drawings, configurations, graphics, other files, and their selection and arrangement (“Content”), are either Copyright, or are the proprietary property of PAWS AND THINK’s affiliates or licensors. All rights reserved. The Content may not be modified, copied, distributed, framed, reproduced, republished, downloaded, displayed, posted, transmitted, or sold in any form or by any means, in whole or in part, without PAWS AND THINK’s prior written permission, except that you may download and print content for uses that are not competitive with or for use in clinical evaluations or in comparison of devices or derogatory to PAWS AND THINK, provided that you keep all copyright or other proprietary notices intact. Please note that this limited consent may be revoked at any time and does not include consent to republish Content on any Internet, Intranet or Extranet site or to incorporate the information in any other database or compilation. Any other use of the Content is strictly prohibited. You further agree that you will not systematically extract, collect or harvest, through electronic means or otherwise, any data or data fields from this Site, including but not limited to customer identities. If you believe that your copyrighted material has been improperly used on this Site, please contact our offices immediately.
Trademarks. All trademarks on the Site are either trademarks or registered trademarks of PAWS AND THINK or its affiliates or licensors and may not be copied, imitated, or used, in whole or in part, without the prior written permission of PAWS AND THINK. All page headers, custom graphics, button icons, and scripts are service marks, trademarks and/or trade dress of PAWS AND THINK or its affiliates, and may not be copied, imitated, or used, in whole or in part, without the prior written permission of PAWS AND THINK. Other trademarks, registered trademarks, product names, and company names or logos displayed on the Site are the property of their respective owners.
Software. Any software, including any files, images generated by the software, code, and data accompanying the software (collectively, “Software”), used or accessible through this Site may be used by you solely for accessing and using this Site for purposes expressly stated on the Site, provided that such uses are not competitive with or derogatory to PAWS AND THINK. PAWS AND THINK retains full and complete title to and all intellectual property rights in the Software. You agree not to copy, distribute, sell, modify, decompile, reverse engineer, disassemble or create derivative works from any Software.
2. User Conduct – General.
In using this Site, you agree:
(a) not to disrupt or interfere with the security of, or otherwise abuse, the Site, or any services, system resources, accounts, servers or networks connected to or accessible through the Site or affiliated or linked Websites;
(b) not to disrupt or interfere with any other user’s enjoyment of the Site or affiliated or linked Web sites;
(c) not to upload, post, or otherwise transmit through or on this Site any viruses or other harmful, disruptive or destructive files;
(d) not to use or attempt to use another’s account, service or system without authorization from PAWS AND THINK, or create or use a false identity on this Site;
(e) not to transmit through or on this Site spam, chain letters, junk mail or any other type of unsolicited mass email to people or entities who have not agreed to be part of such mailings;
(f) not to divulge your username and password to others either on or off the Site;
(g) not to attempt to obtain unauthorised access to the Site or portions of the Site which are restricted from general access; and,
(h) not use this Site to seek, provide or obtain specific medical advice, medical opinion, diagnosis or treatment as applied to a individual/client/animal/patients particular condition or situation. In addition, you agree that you are solely responsible for actions and communications undertaken or transmitted under your account, and that you will comply with all applicable local, state, national and international laws, and regulations, including but not limited to Australia and the United States export restrictions, that relate to your use of or activities on this Site. This Site is controlled and operated in the United States and Australia. If you are in a jurisdiction which restricts you from accessing this Site, do not access or use this Site. PAWS AND THINK makes no representation that the Site is appropriate or available for use outside AUSTRALIA.
3. User Conduct – Online Communities and Other Interactive Areas.
The Site contains areas where you may post and share comments with other Site users on a variety of subjects. You agree that you will not post or otherwise disseminate on or through the Site unlawful, harassing, libellous, tortious, abusive, offensive, threatening, or obscene communications or material of any kind, or materials which infringe or violate any third party’s copyright, trademark, trade secret, privacy or other proprietary or property right, or that could constitute a criminal offense, give rise to civil liability or otherwise violate any applicable law or regulation; or, that are otherwise objectionable, including without limitation, content that evidences bigotry, racism, sexism, or hatred, or that promotes illegal activities, including without limitation unauthorized uses of medical devices, or physical harm against anyone. PAWS AND THINK reserves the right but not the obligation to remove any materials it deems objectionable, in its sole discretion and without any reference to you. You agree to hold harmless PAWS AND THINK and its affiliates and parties with whom PAWS AND THINK has contracted for purposes of hosting or maintaining this Site from all claims based upon communications made or materials posted by others or the use by third parties of this Site.
You expressly agree that you will not discuss or refer to any particular pet, any particular pets medical condition or any other information which could identify a particular pet. You further expressly agree that you will not discuss, endorse or refer to “any non-endorsed treatments, procedures or activities.”
4. Online Communications On and Through the Site.
Except as otherwise provided in section 5 below, you agree that any communications you transmit to anyone through the Site or copyrighted works you post on the Site, including, without limitation, questions, comments, suggestions, ideas, plans, notes, drawings, configurations, specifications, purchase orders, quotes or requests for quotes, performance data, account information, or other material, data or information (collectively, “Information”), are non-confidential and upon transmission of such Information to PAWS AND THINK via email or other means you grant to PAWS AND THINK an irrevocable, non-exclusive, royalty-free, sublicensable, worldwide license (including but not limited to a copyright license) to use such Information in any media for any purpose.
5. Privacy Policy.
You acknowledge and agree that the PAWS AND THINK may use the data collected in the course of our relationship for the purposes identified in our Privacy Policy, which is incorporated by reference as if fully set forth in these Terms of Use.
6. PAWS AND THINK Content, Product and Service Information – Limitations.
All content available through the Site, including but not limited to data, technical drawings, configurations, quotes and order information, and catalog listings is believed to be accurate. However, you should independently evaluate the accuracy of the information and the usefulness for your particular needs of any content, product or service available through the Site. Specifications for products and services are subject to change without notice, and PAWS AND THINK reserves the right to make changes without notice to processing, materials, or configuration. PAWS AND THINK does not guarantee that products or services listed in its online catalog will be available at the time of your order. All information on the Site is subject to the disclaimers of section 8 below.
7. Links and Third Party Content. Links to Other Web Sites.
This Site may from time to time contain links to other Web sites. These links are provided as a convenience and do not constitute an endorsement, sponsorship or recommendation by PAWS AND THINK of — or responsibility for — the linked Web sites or any content, services or products available on or through such sites.
Links from Other Web Sites
All links to this Site must be approved in writing by PAWS AND THINK, except that PAWS AND THINK consents to links in which:
(1) the link is a text-only link containing only the title of the home page of this Site,
(2) the link “points” only to the home page of the Site and not to deeper pages,
(3) the link, when activated by a user, displays this home page of the Site full-screen and not within a “frame” on the linked Web site, and
(4) the appearance, position, and other aspects of the link does not
- create the false appearance that an entity or its activities or products are associated with or sponsored by PAWS AND THINK or its affiliates, or
- be such as to damage or dilute the goodwill associated with the name and trademarks of PAWS AND THINK or its affiliates. PAWS AND THINK reserves the right to revoke this consent to link at any time in its sole discretion.
Third Party Content.
This Site may from time to time contain material, data or information provided, posted or offered by third parties, including but not limited to advertisements or postings in online community discussions. You agree that neither PAWS AND THINK nor its affiliates shall have any liability whatsoever to you for any such third party material, data or information.
8. Disclaimers.
THIS SITE AND THE CONTENT AVAILABLE THROUGH IT ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. YOU EXPRESSLY AGREE THAT USE OF THIS SITE AND/OR ITS CONTENT IS AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, PAWS AND THINK AND ITS AFFILIATES DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. YOU EXPRESSLY AGREE THAT USE OF THIS SITE, INCLUDING ALL CONTENT, DATA OR SOFTWARE DISTRIBUTED BY, DOWNLOADED OR ACCESSED FROM OR THROUGH THE SITE, IS AT YOUR SOLE RISK. YOU UNDERSTAND AND AGREE THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR BUSINESS, YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF SUCH CONTENT, DATA AND/OR SOFTWARE.
YOU ACKNOWLEDGE THAT PAWS AND THINK DOES NOT CONTROL INFORMATION, PRODUCTS OR SERVICES OFFERED BY THIRD PARTIES THROUGH THE SITE. EXCEPT AS OTHERWISE AGREED IN WRITING, PAWS AND THINK AND ITS AFFILIATES ASSUME NO RESPONSIBILITY FOR AND MAKE NO WARRANTY OR REPRESENTATION AS TO THE ACCURACY, CURRENCY, COMPLETENESS, RELIABILITY OR USEFULNESS OF ANY ADVICE, OPINION, STATEMENT OR OTHER CONTENT OR OF ANY PRODUCTS OR SERVICES DISTRIBUTED OR MADE AVAILABLE BY THIRD PARTIES THROUGH THE SITE. PAWS AND THINK DOES NOT MAKE ANY WARRANTY THAT THIS SITE OR ITS CONTENT WILL MEET YOUR REQUIREMENTS, OR THAT THIS SITE OR ITS CONTENT WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR FREE, OR THAT DEFECTS, IF ANY, WILL BE CORRECTED. NOR DOES PAWS AND THINK MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM USE OF THIS SITE OR ITS CONTENT OR AS TO THE ACCURACY, COMPLETENESS OR RELIABILITY OF ANY INFORMATION OBTAINED THROUGH USE OF THIS SITE.
PAWS AND THINK ASSUMES NO RESPONSIBILITY FOR ANY DAMAGES SUFFERED BY A USER, INCLUDING, BUT NOT LIMITED TO, LOSS OF DATA FROM DELAYS, NONDELIVERIES OF CONTENT OR EMAIL, ERRORS, SYSTEM DOWN TIME, MISDELIVERIES OF CONTENT OR EMAIL, NETWORK OR SYSTEM OUTAGES, FILE CORRUPTION, OR SERVICE INTERRUPTIONS CAUSED BY THE NEGLIGENCE OF PAWS AND THINK, ITS AFFILIATES, ITS LICENSORS, OR A USER’S OWN ERRORS AND/OR OMISSIONS EXCEPT AS SPECIFICALLY PROVIDED HEREIN, PAWS AND THINK DISCLAIMS ANY WARRANTY OR REPRESENTATION THAT CONFIDENTIALITY OF INFORMATION TRANSMITTED THROUGH THE SITE WILL BE MAINTAINED.
NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM PAWS AND THINK OR THROUGH THE SITE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN WRITING. SOME STATES DO NOT ALLOW THE LIMITATION OR EXCLUSION OF CERTAIN WARRANTIES OR CONDITIONS, SO SOME OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.
9. Limitation of Liability.
UNDER NO CIRCUMSTANCES, INCLUDING, WITHOUT LIMITATION, NEGLIGENCE, SHALL PAWS AND THINK DOG TRAINING OR ITS PARENTS, SUBSIDIARIES, AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, OR SUPPLIERS BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES ARISING FROM OR IN CONNECTION WITH THE USE OF OR THE INABILITY TO USE THIS SITE OR ANY CONTENT CONTAINED ON THE SITE, OR RESULTING FROM UNAUTHORISED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA, OR OTHER INFORMATION THAT IS SENT OR RECEIVED OR NOT SENT OR RECEIVED, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, USE, DATA OR OTHER INTANGIBLES, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
THE PARTIES ACKNOWLEDGE THAT THIS IS A REASONABLE ALLOCATION OF RISK. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO SOME OF THE ABOVE MAY NOT APPLY TO YOU.
10. General Applicable Law.
These Terms of Use shall be governed by and construed in accordance with the laws of the State of NSW, and the federal laws of the United States of America, without giving effect to its conflict of laws provisions. You agree to submit to the personal and exclusive jurisdiction of the state or federal courts located within the State of NSW. Other. These terms constitute the entire agreement between you and Paws And Think Dog Training governing your use of the Site. Should any provision in these terms be found invalid or unenforceable for any reason, then that provision shall be deemed severable from the terms and shall not affect the validity or enforceability of the remaining provisions. You agree that any claim arising out of or related to the terms or your use of the Site must be filed within one year after it arose or be permanently barred. 866 494