Terms & Conditions

By using the website located at thinkcanine.com.au, the related mobile website, and the mobile application (collectively, the “Websites”), you agree to be bound by these Terms of Service (this “Terms of Service” or “Agreement”), whether or not you register as a member of Think Canine Training & Behaviour. If you wish to become a Member and/or make use of the service (the “Service”), please read this Agreement. If you object to anything in this Agreement or the Think Canine Training & Behaviour Privacy Policy, do not use the Service.

This Agreement is subject to change by Think Canine Training & Behaviour at any time, effective upon posting on the relevant website. Your continued use of the Websites and the Service following Think Canine Training & Behaviour posting of revised terms of any section of the Agreement will constitute your express and binding acceptance of and consent to the revised Agreement.

PLEASE READ THIS AGREEMENT CAREFULLY AS IT CONTAINS IMPORTANT INFORMATION REGARDING YOUR LEGAL RIGHTS, REMEDIES AND OBLIGATIONS, INCLUDING VARIOUS LIMITATIONS AND EXCLUSIONS, AND A DISPUTE RESOLUTION CLAUSE THAT GOVERNS HOW DISPUTES WILL BE RESOLVED.

1. Definitions

1.1 The meanings of the terms used in this document are as follows:

(a) Terms means the latest version of these Terms & Conditions available on the Think Canine Training & Behaviour website;

(b) Site means the website of Think Canine Training & Behaviour available at <thinkcanine.com.au>;

(c) Company means Think Canine Training & Behaviour

(d) Client/user/you/your means any person who is downloading, visiting, using or in any other way interacting with the Site or its respectful Materials (see 1.1 (j)), regardless of the activities taken;

(e) We/us/our means Think Canine Training & Behaviour, the Site, its employees, and affiliates;

(f) Customer is a User who places an order with us to obtain the Course or the product;

(g) Privacy Policy means the Privacy Policy document governing the rules of collecting, using and storing information provided by Users and Customers. This document is available on the Site;

(h) Pet means the Client’s pet or pets identified in the Training Enrolment Form;

(i) Outside Sources means any application, website, natural or legal entity other than the Site, its employees, and affiliates;

(j) Materials means all images, text, audio and video data or any other information located on the Site. Materials also refer to images, text, audio and video data or any other information located on any other place provided that there is information that said material originated from the Site;

(k) Product means pet related products available for purchase from the Site

(l) Course means the dog training courses available on the Site

(m) Service means the purchasing and ordering option available on the Sit

Electronic Agreement. This Agreement is an electronic contract that sets out the legally binding terms of your use of the Websites and the Service. This Agreement may be modified by Think Canine Training & Behaviour from time to time, such modifications to be effective upon posting by Think Canine Training & Behaviour on the Websites. By accessing and/or using the Websites or becoming a Member, you accept this Agreement and agree to the terms, conditions and notices contained or referenced herein.

2. Consent

2.1 By accessing the Site, you confirm that you are at least 16 years of age

2.2 By providing us your e-mail address you agree to receive periodical emails from us. You

can opt-out from receiving these e-mails at any time by following the instructions provided in the

email.

3. Account Security

You are responsible for maintaining the confidentiality of the username and password that you designate during the registration process, and you are fully responsible for all activities that occur under your username and password. You agree to (a) immediately notify Think Canine Training & Behaviour of any unauthorized use of your username or password or any other breach of security, and (b) ensure that you exit from your account at the end of each session. Think Canine Training & Behaviour will not be liable for any loss or damage arising from your failure to comply with this provision. You should use particular caution when accessing your account from a public or shared computer so that others are not able to view or record your password or other personal information. If you share your computer with others, you may wish to consider disabling your auto-login feature if you have it linked to your Think Canine Training & Behaviour account.

4. Services

4.1 Some of the Services provided are only available to registered Users. If you chose to access the Services you agree to the following terms:

Registration

4.2 Registered Users are required to provide true, accurate, current and complete information about themselves as prompted by registration forms on the Site. Registered Users agree to update their information should there be any changes, in order to keep registered information true, accurate, current and complete. If you provide information contrary to aforementioned conditions, we may deny you access to the Site, parts of it or our Services. We are not responsible for any failure in providing the Services which results from information that is not true, accurate, current and complete.

Purchase

4.3 Purchasing of the Product and Courses from the Site is available to both unregistered and registered users.

Non-Commercial Use

4.4 You may only purchase or order Courses and Product for non-commercial, personal use . Any other use is not permitted. You may not sell or resell any products you purchase or otherwise receive from us. We reserve the right, with or without notice, to cancel or reduce the quantity of any order to be filled or products to be provided to you that may result in a violation of these Terms, as determined by us in our sole discretion.

Pricing and Delivery

4.5 Full list and description of our pricing and Service plans is available on the Site. We reserve the right to change and update our prices and Service plans periodically at any time and without notification. All changes become effective from the day of publishing.

4.6 All prices on the Site are displayed in full, inclusive of GST if applicable, unless otherwise stated. Prices listed do not contain any additional expenses like shipping.

4.7 We will use commercially reasonable efforts to deliver items as quickly as possible within a reasonable time, but we are not responsible for any delays in delivery which are beyond our control. The risk of damage or loss of goods shall be passed to you upon our delivery of products to the delivery company.

4.8 In the event that the Product is listed at an incorrect price due to typographical error or systems error, we retain the right to refuse or cancel any orders placed for product listed at the incorrect price. If the payment of the incorrect price has already been made, we will return the same amount of money upon cancelation.

Cancellation and Return Policy

4.9 Courses and digital Products have a 14 day refund policy. Refunds will be given minus a processing fee based on the cost of processing the transaction. For physical items, you can cancel your order until the point when the Product is scheduled for shipment. We reserve the right to cancel your order if we are unable to process payment, you provide invalid personal information, or the Product has become unavailable. We will notify you prior to cancellation provided that we have your contact information.

4.10 If you are not satisfied with the delivered Courses, please contact our customer service department. Refund requests must be places within 14 days from getting access to the Courses. All refunds and replacements are provided at our sole discretion. Refunds will be given minus a processing fee based on the cost of processing the transaction.

Payment method

4.11 All payments on the site are conducted through credit/debit cards. Providers of payment services are separate legal entities, and we can not influence or affect in any way the fees or other expenses charged by them. Please refer to these payment service providers’ terms of service for more details.

4.12 By placing an order for the Course or Product, you authorize Think Canine Training & Behaviour to charge your debit card, credit card, or other payment method listed accordingly.

Contact

4.13 We may contact you using the available contact information provided by you, for any matters relating to purchasing, paying and delivering of the Courses and Product. We may also inform you through e-mail about news, promotions, special offers and or other topics of interest related to Think Canine Training & Behaviour and our affiliates. You may choose to stop receiving these promotional e-mails at any time by following the instructions contained in promotional e-mails.

5. Content

5.1 You acknowledge and agree that all copyright, trademarks and all other intellectual property rights in all material or content supplied as part of the Website and/or the Services shall remain at all times vested in us. You are permitted to use this material only as expressly authorised by us.

5.2 You acknowledge and agree that the material and content contained within the Website and/or the Services is made available for your use only and that you may download such material and content onto only your web-browser. You agree not to resell any material or content downloaded from the Website to any third party. Any other use of the material and content of the Website and/or the Services is strictly prohibited.

5.3 You agree not to (and agree not to assist or facilitate any third party to) copy, reproduce, transmit, scan, publish, display, distribute, archive, commercially exploit or create derivative works (either by electronic means or otherwise), of material or content of the Website and/or Services.

5.4 By way of example only, you may not copy, cut, paste, scan, place or store in a library or on a database, intranet, server or equivalent service, or distribute (whether by electronic means or in any other way howsoever) any material from thinkcanine.com.au.

e. Website and Group Feeds are for personal use with a news reader and should not be used to display Website and Group News headlines or content on other websites without express permission.

5.6 Users are able to post content on the site and to interact with the available content and other Users. Users agree not to post or transmit content which is illegal, obscene, threatening, insulting, defamatory, infringing of intellectual property rights, invasive of privacy, or otherwise objectionable to third parties. Some of the content provided by Users is subjected to prior approval by the content administrators. Although we do not constantly monitor content posted on the Site, we reserve the right to remove any content which we find to constitute a breach of these Terms or relevant laws, without notifying the Users or providing reasoning for such action. Users are solely responsible for their own content and the consequences of making the content available to third-parties. If you post content, you grant us a non-exclusive, royalty-free, perpetual, irrevocable right to use, reproduce, modify, adapt, publish, distribute, and display such content on the Site and on any other marketing material we may create. Whenever we might use the User generated content we will give appropriate credit to the content provider through their chosen username on the Site.

You agree to comply with the above conditions, and acknowledge and agree that Think Canine Training & Behaviour has the right, in its sole discretion, to terminate your account or take such other action as we see fit if you breach any of the above conditions or any of the other terms of these Terms of Service. This may include taking court action and/or reporting offending users to the relevant authorities.

6. Third Party Content

In an attempt to provide increased value to our Users, we may provide links to other websites or resources. You acknowledge and agree that we are not responsible for the availability of such external sites or resources, and do not endorse and are not responsible or liable, directly or indirectly, for the privacy practices or the content (including defamatory content) of such websites, including (without limitation) any advertising, products or other materials or services on or available from such websites or resources, nor for any damage, loss or offence caused or alleged to be caused by, or in connection with, the use of or reliance on any such content, goods or services available on such external sites or resources.

7. Compliance with Privacy Laws

7.1 Think Canine Training & Behaviour agrees to take all reasonable steps required to protect personal information in its possession or control (including Your personal information) against misuse, interference, loss and unauthorised use, access, modification or disclosure.

7.2 Think Canine Training & Behaviour warrants that they comply with privacy laws in relation to the use, storage, transfer and other dealings with personal information obtained pursuant to or in any way connected with this Agreement and/or the delivery of the Services.

8. Disclaimer

8.1 WARRANTY DISCLAIMER AND LIMITATION OF LIABILITY: TO THE FULLEST EXTENT PROVIDED BY LAW, THE WEBSITE AND SERVICES ARE PROVIDED “AS IS,” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF ACCURACY, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND/OR NON-INFRINGEMENT. NONE OF THE PARTIES INVOLVED IN CREATING, PRODUCING, AND/OR DELIVERING THE SERVICES AND THE SITE ARE LIABLE FOR ANY DIRECT, INCIDENTAL, CONSEQUENTIAL, INDIRECT, OR PUNITIVE DAMAGES, OR ANY OTHER LOSSES, COSTS, OR EXPENSES OF ANY KIND WHICH MAY ARISE, DIRECTLY OR INDIRECTLY, THROUGH ACCESS TO, USE OF, OR BROWSING THE SITE OR THROUGH YOUR DOWNLOADING OF MATERIALS FROM THE SITE, INCLUDING BUT NOT LIMITED TO ANYTHING CAUSED BY BUGS, VIRUSES, OR ANY COMPUTER SYSTEM, HARDWARE, SOFTWARE, OR PROGRAM MALFUNCTIONS, OR ANY OTHER ERRORS, FAILURES, OR DELAYS. IN NO EVENT WILL THINK CANINE TRAINING & BEHAVIOUR OR ANY OF OUR AFFILIATES OR SERVICE PROVIDERS BE LIABLE FOR ANY LOST PROFITS, COST OF PROCUREMENT OF SUBSTITUTE PRODUCTS, OR ANY INCIDENTAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF THE USE OF OR OF THE INABILITY TO USE ANY MATERIALS ON THE WEBSITE.

8.2 ALTHOUGH WE TAKE ALL APPROPRIATE MEASURES TO ENSURE THAT INFORMATION PROVIDED THROUGH THE COURSES IS SAFE TO IMPLEMENT IN REAL LIFE, WE DO NOT REPRESENT OR WARRANT THAT IMPLEMENTATION OF SUCH INFORMATION IS ADVISABLE OR WITHOUT RISK, AND WE ARE NOT LIABLE FOR DAMAGES OR LOSSES THAT MAY RESULT FROM IMPLEMENTATION OF SUCH INFORMATION. YOU ARE SOLELY RESPONSIBLE FOR YOUR INTERACTION WITH OR RELIANCE ON ANY AVAILABLE INFORMATION. YOU MUST PERFORM ANY NECESSARY, APPROPRIATE, PRUDENT OR JUDICIOUS INVESTIGATION, INQUIRY, RESEARCH AND DUE DILIGENCE WITH RESPECT TO INFORMATION.

8.3 PLEASE BE ADVISED: CERTAIN TRAINING TOOLS, EQUIPMENT CHOICES AND TECHNIQUES MIGHT REQUIRE PROFFESSIONAL ASSISTANCE AND MIGHT BE DANGEROUS OR CONTAIN HIGHER RISK OF PERSONAL INJURY OR INJURY TO YOUR PET. YOU ARE USING INFORMATION FROM COURSES AT YOUR OWN RISK. WE ARE NOT RESPONSIBLE FOR ANY PHISICAL INJURY, HARM, FINANCIAL LOSS OR OTHER CONSEQUENCE OF YOUR USAGE OF THE COURSES, PRODUCTS, SITE, SERVICES OR MATERIALS.

Exclusions and Limitations

The information on this web site is provided on an “as is” basis. To the fullest extent permitted by law, this Company:

▪ excludes all representations and warranties relating to this website and its contents or which is or may be provided by any affiliates or any other third party, including in relation to any inaccuracies or omissions in this website and/or the Company’s literature; and

▪ excludes all liability for damages arising out of or in connection with your use of this website. This includes, without limitation, direct loss, loss of business or profits (whether or not the loss of such profits was foreseeable, arose in the normal course of things or you have advised this Company of the possibility of such potential loss), damage caused to your computer, computer software, systems and programs and the data thereon or any other direct or indirect, consequential and incidental damages.

This Company does not however exclude liability for death or personal injury caused by its negligence. The above exclusions and limitations apply only to the extent permitted by law. None of your statutory rights as a consumer are affected.

9. Results Disclaimer

9.1 The Products and Services sold on the Site are not to be interpreted as a promise or guarantee of training results.

9.2 The advice within the Products or Services on the Site are general in nature and do not replace hiring a dog trainer. Dog training is inherently dangerous by nature and you carry out this advice at your own risk.

9.3 Your level of success in attaining the results from using our Products or Courses and information depends on the time you devote to the program, ideas and techniques used, your individual dog, your knowledge and various skills. Since these factors differ among each individual, we cannot guarantee your success or level of results, nor are we responsible for any of your actions.

9.4 Any and all forward-looking statements on the Site or in any of our Products and Courses are intended to express our opinion of the potential that some people may achieve. But many factors will be important in determining your actual results, and we make no guarantees that you will achieve results similar to ours or anyone else’s. In fact, we make no guarantees that you will achieve any results from the ideas and techniques contained on the Site or in our Courses and Products.

9.5 To the extent that we included any case studies or testimonials on this site, you can assume that none of these stories in any way represent the “average” or “typical” customer experience. In fact, as with any product or service, we know that some people will purchase our Products but never use them at all, and therefore will get no results whatsoever. You should therefore assume that you will obtain no results with this program.

9.6 Even though we make no guarantees that our product will produce any particular result for you, you can still take advantage of our refund policy if you are not completely satisfied. In such instances, you can place a refund request in accordance with the conditions and timelines indicated in our Terms.

9.7 YOU FULLY AGREE AND UNDERSTAND THAT THINK CANINE TRAINING & BEHAVIOUR IS NOT RESPONSIBLE FOR YOUR SUCCESS OR FAILURE AND MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND WHATSOEVER THAT OUR PRODUCTS OR SERVICES WILL PRODUCE ANY PARTICULAR RESULT FOR YOU.

10. Indemnity

You will indemnify and hold harmless Think Canine Training & Behaviour and its employees, from and against any claims, disputes, demands, liabilities, damages, losses, and costs and expenses, including, without limitation, reasonable legal and accounting fees arising out of or in any way connected with your access to or use of the Site and its Services, content which you provide, or your violation of these Terms.

9. General Provisions

9.1 This Services Agreement (and any documents executed in connection with it) is the entire agreement of the parties about its subject matter and supersedes all other representations, arrangements or agreements. Other than as expressly set out in this agreement, no party has relied on any representation made by or on behalf of the other.

9.2 You must not assign or otherwise deal in any other way with any of Your rights or obligations under

this Services Agreement without Think Canine’s prior consent.

9.3 We may assign or otherwise deal with the benefit of any contract made pursuant to this Agreement without Your consent.

9.4 If a provision of this Services Agreement is invalid or unenforceable it is to be read down or severed to the extent necessary without affecting the validity or enforceability of the remaining provisions.

9.5 Each party must at its own expense do everything reasonably necessary to give full effect to this Services Agreement and the events contemplated by it.

9.6 This Services Agreement is governed by the laws of Queensland and each party submits to the jurisdiction of the courts of Queensland.

I HAVE READ THIS AGREEMENT AND AGREE TO ALL OF THE PROVISIONS CONTAINED ABOVE.

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