These terms and conditions formalise the educational animal exercise services ("Exercise Services") that Kylie Kaliope Marks t/as Strong and Steady Canines [ ABN 42971810609] and her Representatives ("we"/ "us") will be providing. The Exercise Services will be performed personally by Kylie Marks. You could be any client of our Exercise Services and these terms and conditions apply to all Exercise Services we provide.
You must pay the Fees prior to your consultation with us. Where we do not receive our Fees we may not be able to provide you with any Services. On some occasions we may offer packages and you must pay our Fees as agreed with us. You authorise use to deduct all our fees from your credit card provided. Interest will be charged at the rate of 11% per annum. Any legal collection fees will be billed to you.
YOUR ACKNOWLEDGEMENT
You acknowledge and agree that we use our best endeavours to provide accurate and up to date educational information about exercises for animals. Any information we provide to you is educational only. It should in no way be a substitute for a veterinary assessment of an individual animal by a suitably qualified veterinarian. We are not qualified veterinarians. We strongly recommend that you obtain independent professional veterinarian advice before you make decisions or take steps that rely on any health or medical information we may provide. We do not diagnose, or treat animals, and you must seek veterinarian advice for any diagnosis or treatment.
Promises you make for me
You must provide us with all Information we need so that we can perform the Exercise Services. You represent and warrant that:
• all Information you provide is true, correct, current, and to the best of your knowledge;
• you have adequate technology set up including internet access to enable us to conduct any conferences online;
• you will comply with the Animal Protection Act, and Local Council Laws, and your duty of care to your animal.
Acknowledgements and agreements you make
You must meet or call at the scheduled time, and participate fully during each Exercise session with accountability, honesty, integrity and respect for the process. You acknowledge and agree:
What we agree to do
We agree to:
Where you wish to reschedule, cancel or seek a refund
You may re-schedule an Exercise session with 24 hours prior written notice. Only one re-scheduling is permitted per month to a mutually convenient time. We cannot guarantee that if you miss an Exercise session we will be able to re-schedule.
If cancelling the session with less than 24 hours, the Cancellation Fee of 50% applies. If cancelling the session with less than 4 hours' notice, a Cancellation Fee of 100% of the session fee applies. Any refunds for cancelled Exercise sessions are made at our sole discretion and will only be made for the current month. To the extent permitted by law, any refunds for any cancellations of an Exercise Package are at our absolute discretion. We do not provide refunds for your change of mind, where you fail to provide us with adequate information or clearly explain your needs, or where you fail to act on our advice.
My obligations under the Australian Consumer Law
You are entitled to various consumer guarantees, rights, and remedies under the Australian Consumer Law in the Competition and Consumer Act 2010, including, but not limited to, consumer guarantees that the Exercise Services are delivered within a reasonable time and with acceptable care and skill. If you believe we have breached your consumer guarantees, please contact us and we will comply with the law. We do not guarantee any results except as required by law.
Intellectual Property and publicity
We own or have a license to use all Intellectual Property Rights in any Materials we may provide you throughout the performance of the Exercise Services. You must not use any Materials for any purpose other than your sole personal use. Any Materials we provide you must not be reproduced or resold without our prior written permission which will be given at our absolute discretion, and will be the subject of license fees.
You permit us to use any photos, videos and testimonials you provide to us for marketing and information purposes, or publications, exhibitions and professional awards. Where we take photos or videos of you, we will seek your consent to use them. You must seek our prior written consent before any publication of information about the Exercise Services.
Limited liability
You acknowledge and agree that we are not liable for any Loss or Damage which may result from the Exercise Services and any reliance on any educational information. To the extent permitted by law, our liability is limited, at our option to:
In any case, our liability to you will not exceed the amount actually paid by you to us for the most recent invoice that has been paid.
You acknowledge and agree to indemnify us and keep us at all times fully indemnified from and against any Claims whatsoever arising directly or indirectly as a result of any breach by you of this Agreement, any reliance on our information, and any third party claims.
Where we can terminate
We may either suspend the Exercise Services, or terminate an Exercise Package where:
Where we determine, at our sole discretion, that you need more qualified assistance, we may immediately terminate this agreement. We may also, at our option and without prejudice to any of our rights, immediately terminate this Agreement where you default on any invoices, breach this Agreement, or commit an act of bankruptcy. Upon termination, you must pay all accrued Exercise Fees owing up to the date of termination.
If there is a dispute
If at any time any aspect of the Exercise Services are not reasonably acceptable to you or we disagree on the quality or substance of the Exercise Services you will immediately notify us of any such reason, the specifics and will give us a reasonable opportunity to respond and address any concerns. If a dispute arises, you acknowledge and agree that confidentiality is paramount to our reputation. At no time will any communications or discussions be made public, including but not limited to any social media websites. Any public discussion or comments considered defamatory, negative or otherwise damaging and will be the subject of compensation in any mediation or litigation claim. In the event of any dispute that cannot be resolved, both parties agree to obtain an independent professional arbitrator/dispute resolution specialist to make a determination on the dispute and each party agrees to pay their own costs.
THE GOVERNING LAW AND OTHER MATTERS
This Agreement completely states the agreement of the parties as to its subject matter. It supersedes, and its terms govern all previous communications, representations, inducements, undertakings, agreements and arrangements between the parties in respect of its subject matter. This Agreement may not be modified or amended except in writing signed by both parties. The failure by us to exercise any right, or enforce any provision in these Terms does not waive the future operation of that right or provision. In the event that a provision in this Agreement is not enforceable, such provision shall be severed from this agreement to the extent permitted by law, and the remaining provisions will remain in full force and effect. This Agreement must not be transferred or assigned without the prior written consent of the other party. This Agreement is governed by the laws from time to time in force in the state of NSW Australia. Both parties agree to unconditionally submit to the non-exclusive jurisdiction of the courts of NSW, Australia for determining any dispute concerning this Agreement.
DEFINITIONS:
"Agreement" means these terms and conditions.
"Cancellation Fee" means 50% of your session fee, or 100% of your session fee.
"Claim" means any claim under statute, tort, contract or negligence, any demand, awards or costs.
"Confidential Information" means any sensitive personal information and/ or any of your including but not limited to personal information as defined under the Privacy Act 1988.
"Information" means any information you provide to us during the Exercise Services, and could include the age, breed and abilities of your dog, and any diagnosis by a veterinarian.
"Intellectual Property Rights" means all trademark, copyright, design rights, patents, trade secrets, confidential information and all other intellectual property rights whether registered or unregistered.
"Loss and Damage" means any direct, indirect, consequential or incidental loss or damage. This includes, but is not limited to any loss, personal injury, animal injury and death, negligence, loss of profits, revenue, salary, property damage, loss of enjoyment, virus or damage to your systems, or reliance on our Exercise Services.
"Materials" means any PDFs and worksheets documents, information, and includes any exercise program documents or concepts.
"Representatives" means any of our employees, contractors or agents.
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