Effective 19th of December 2016
1.2 “Terms” refers to the latest version of these Terms and Conditions document available on the ‘Dog Matters’ website.
1.3 “Site” refers to the websites of the ‘Dog Matters’ available at < dogmatters.com>, <my.dogmatters.com>, and <dogmattersacademy.com>.
1.4 “User/you/your” refers to any person who is downloading, visiting, using or in any other way interacting with the Site or its respectful Materials (see 1.9) regardless of the activities taken.
1.5 “We/us/our” refers to Tenille Williams T/A Dog Matters, the Site, its employees, and affiliates.
1.6 “Customer” is a User who places an order with us to obtain the Course or the Product.
1.8 “Outside sources” refers to any application, website, natural or legal entity other than the Site, its employees, and affiliates.
1.9 “Materials” refers to 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.
1.10 “Product” refers to pets related products available for purchase from the Site.
1.11 “Course” refers to dog training courses available on the Site.
1.12 “Service” refers to purchasing and ordering option available on the Site.
II GENERAL PROVISIONS
2.1 The Site is owned by Tenille Williams T/A Dog Matters, Bundaberg, Queensland, Australia.
2.2 These Terms govern the use of the Site, Materials, and purchase of Courses and Products. These Terms also regulate the contractual relation between Customers and us.
2.3 Terms apply to all Users and Customers regardless of the way, purpose or instruments used in accessing the Site or Materials.
3.1 By accessing the Site you confirm that you are at least 13 years of age.
3.2 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 instructions provided in the e-mail.
IV CHANGING OUR TERMS
4.1 We reserve the right to update and change the Terms periodically without notifying the Users. The current version of Terms is available on the Site indicating the effective date. Users are encouraged to periodically review Terms in order to stay informed on any changes.
4.2 Users are bound by any changes to the Terms regardless of their knowledge about them, provided that changes were published and available for review.
5.1 By placing an order, or by providing your information for other purposes, you confirm that you (i) have full legal capacity to enter into a binding relation, (ii) that you will provide true, accurate, and complete information where requested, which is otherwise compatible with these Terms, (iii) that you have available funds necessary for the requested Course or Product, (iv) that you will not use Course or Product contrary to these Terms or applicable laws.
6.1 Some of the Services provided are only available to registered Users. If you chose to access the Services you agree to the following terms:
6.2 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.
6.3 Purchasing of the Product and Courses from the Site is available to both unregistered and registered users.
6.4 You may only purchase or order Courses and Product for non-commercial, personal use and 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
6.5 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.
6.6 All prices on the Site are displayed in full, inclusive of VAT if applicable. Prices listed do not contain any additional expenses like shipping.
6.7 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.
6.8 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
6.9 Excluding the Courses and digital Products, 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.
6.10 If you are not satisfied with the delivered Courses, please contact our customer service department. Refund requests must be places within 30 days from getting access to the Courses. All refunds and replacements are provided at our sole discretion.
6.11 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.
6.12 By placing an order for the Course or Product, you authorize Tenille Williams T/A Dog Matters to charge your debit card, credit card, or other payment method listed accordingly.
Availability of the Products
6.11 We aim to serve customers in the best way possible, however sometimes, due to the high traffic and above average inventory turnover, we may not have requested Products in stock after the purchase is made. We will inform you in a timely manner when we are not able to deliver the Products and will give you an estimation of time when the Products will be available again. In this case, we reserve the right to cancel and refund your order unless we can offer a suitable replacement which you agree to receive.
6.12 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 the Tenille Williams T/A Dog Matters 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.
VII WEBSITE CONTENT
7.1 All Materials on the Site, including but not limited to text, images, video, information, applications, software, music, sound and other files are the property of Tenille Williams T/A Dog Matters or used under appropriate license. Materials on the Site are available for fair use to Users. Usage of the Materials is governed by appropriate laws of the state of Queensland, Australia. The User must reference the Site, its respectful owners, and authors of the Materials where available if they are using Materials for non-commercial use. The user must obtain our written permission for usage of Materials for commercial purposes.
7.2 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.
VIII THIRD – PARTY CONTENT
X GOVERNING LAWS
10.1 Having in mind that we are providing our Courses internationally and that the Site can be accessed from countries around the world, since each of these jurisdictions have laws that may differ from those of the state of Queensland, Australia, by accessing the Site, you agree that any claim relating to the access or use of the Site, Courses, or Product shall be governed by the laws of the state of Queensland, Australia, without regard to its conflict of law provisions. You also agree and hereby submit to the non-exclusive jurisdiction of the courts in Bundaberg, Queensland, Australia for the resolution of any conflict arising out of or in connection with these Terms or the Site.
11.1 You will indemnify and hold harmless Tenille Williams T/A Dog Matters 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.
12.1 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 TENILLE WILLIAMS T/A DOG MATTERS 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.
12.2 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.
12.3 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.
XIII RESULTS DISCLAIMER
13.1 The Products and Services sold on the Site are not to be interpreted as a promise or guarantee of training results.
13.2 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.
13.3 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.
13.4 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.
13.5 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.
13.6 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.
13.7 YOU FULLY AGREE AND UNDERSTAND THAT TENILLE WILLIAMS T/A DOG MATTERS 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.
XIV FINAL PROVISIONS
14.1 If any part of these Terms is found to be invalid, illegal or unenforceable in any respect, it will not affect the validity or enforceability of the remainder of the terms and conditions.
15.1 If you have any questions, suggestions, or comments, you can address them to firstname.lastname@example.org.