Terms of Use

1. ACCEPTANCE OF TERMS

1.1 Positive Response Services Pty Ltd trading as Positive Response Dog Training and Positive Response Assistance Dogs (“We”, “us” or “our”) agree to provide services to you subject to the following Terms of Service (“this Agreement”).

1.2 The services we agree to provide are personal to you and non-transferable without our express written consent. We reserve the right to refuse to transfer.

1.3 When using our services, you will also be bound by any guidelines or rules applicable to such services, which may be posted on our website as of the date you use our Service. All such guidelines or rules are hereby incorporated by reference into this Agreement. We may also offer other services that are governed by different Terms of Service.

1.4 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. DESCRIPTION OF SERVICE

2.1 Subject to the terms of this Agreement, we agree to provide dog training services through the following:

2.2 A cloud-based software platform (that provides a streamlined approach to all customer relationship management (CRM) and customer management system (CMS) requirements, including but not limited to the management of:

(a) direct debit billing of memberships;

(b) membership information; and

(the “Services”)

Positive Response Services Pty Ltd (ACN 627 477 276), “Positive Response Dog Training” operates the Software. Access to and use of the Software, or any of its associated products, is provided by “Positive Response Dog Training.” Please read these terms and conditions (the “Terms”) carefully. By using, browsing, and/or signing up for use of the Software, this signifies that you have read, understood, and agree to be bound by the Terms. If you do not agree with the Terms, you must cease usage of the Software immediately.

2.3 Positive Response Dog Training” reserves the right to review and change any of the Terms by updating this page at its sole discretion. When Positive Response Dog Training” updates “the Terms,” it will use reasonable endeavours to provide you with notice of same. Any changes to “the Terms” take immediate effect from the date of their publication. We ask that you place a copy of “the terms” in an easy-to-access area for your records.

3. YOUR REGISTRATION OBLIGATIONS

3.1 You warrant that the information you provide to us about yourself is true, accurate, current, and complete as prompted by the 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, or we have reasonable grounds to suspect that such information 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 portion thereof).

4. MEMBER CONDUCT

4.1 You acknowledge and accept that by registering for any of our Services you agree to be bound by Our Rules and this agreement.

4.2 you agree that whilst participating in our Services you will not:

4.3 act in a way that is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, invasive of another’s privacy, hateful, or racially, ethnically, or otherwise objectionable;

4.4 allow your dog to harm us or our clients in any way where private training is obtained.

4.5 unreasonably interfere with or disrupt the Service or disobey any of our reasonable requirements, procedures, policies, or regulations.

4.6 we reserve the right (but not the obligation), in our sole discretion to refuse, or remove any person (including you) or dog from a session if they violate the terms of this Agreement or are otherwise objectionable.

4.7 you acknowledge, consent, and agree that we may disclose your personal and other information if required to do so by law or in a good faith belief that such disclosure is reasonably necessary to:

(a) comply with legal process;

(b) enforce this Agreement;

(d) respond to your requests for customer service; or

(e) protect the rights, property, or personal safety of our officers, agents, employees, and clients.

4.8 users wishing to train their dogs for our Positive Response Assistance Dog program (PRAD) specifically acknowledge and agree:

(a) you must be the owner of the dog being trained and you warrant this to be true, or you are required to be the secondary handler for a primary handler and have an ongoing relationship with the primary handler.

(b) In addition to Our Rules, you must abide by our Guidelines for Assistance Dog Eligibility.

(d) accept that further training with a trainer on a one-on-one basis will be required to be completed and that the number of sessions will vary from person to person. At any time in the process of the assistance dog program you fail to pass any criterion required then we have the right to decline to continue your dog in the program.

5. PAYMENT OF FEES

5.1 As part of the Services, Positive Response Dog Training” may manage the direct debit of all membership fees paid by you, (the “Membership Fees”).

5.2 You acknowledge and agree that all transactions in relation to the Services are performed by Web Active Corporation (AUS) Pty Ltd (ABN 32 086 209 403). By using the Services, you acknowledge and agree that you have read, understood, and agree to be bound by the Terms and Conditions of Use, Privacy Policy, and other relevant legal documentation of Web Active Corporation (AUS) Pty Ltd.

5.3 Payment form is by Credit Card payments only. You acknowledge that you are the legal and rightful owner of the card that is applied to the service.

6. REFUNDS

6.1 “Positive Response Dog Training” will only provide you with a refund of the membership amount in the event they are unable to continue to provide the Services.

6.2 Should you terminate our Services due to a change of mind; you will not be entitled to a refund of any fees paid to us.

Follow the easy step-by-step instructions as above.

Warranty and disclaimer

To complete this course please ensure:

You VIDEO your dog's behaviour at the start of the course and explain what the issue is
FOLLOW the course step-by-step
VIDEO your dog's progress each week
Complete a video on the 30th day with your achievements.

We guarantee we have provided you with a step-by-step course and the content in the course is designed to provide you with force-free up to up-to-date training instructions that will not harm your dog. To have success you must train and follow the advice given to achieve outcomes.

7. COPYRIGHT AND INTELLECTUAL PROPERTY

7.1 The Software, the Services, and all of the related products of “Positive Response Dog Training” are subject to copyright. All of the material on the Software is protected by copyright under the laws of Australia and through international treaties.

All rights (including copyright) in the content and compilation of the Software (including but not limited to; our logo, video images, audio clips, software, text, graphics, audio material, scripts, designs, and animals used and interactive features) (the “Content”) are owned or controlled for these purposes and are reserved by “Positive Response Dog Training” or its contributors.

7..2 “Positive Response Services Pty Ltd” is registered and trades under “Positive Response Dog Training” and “Positive Response Assistance Dogs” which grants to you a worldwide, non-exclusive, revocable licence whilst you are a member to:

(a) download the Software to a device through the cloud;

(b) use the Software pursuant to the Terms;

(d) print pages from the Software for your own personal and non-commercial use.

” Positive Response Dog Training” expressively does not grant you any other rights whatsoever in relation to the Software or the material on the Software and all other rights are expressly reserved by us.

7.3” Positive Response Dog Training” retains all rights, titles, and interests in and to the Software and all related content. Nothing you do on or in relation to the Software will transfer any:

(a) business name, trading name, domain name, industrial design, patent, registered design or copyright, or

(b) a right to use or exploit a business name, trading name, domain name, trade mark or industrial design, or

(c) a thing, system, or process that is the subject of a patent, registered design, or copyright (or an adaptation or modification of such a thing, system, or process), to you.

7.4 You may not, under any circumstances broadcast, republish, up-load to a third party, transmit, post, distribute, show, or play in public, or adapt or change in any way the Content or third-party content for any purpose. This prohibition does not extend to materials on the Software which are freely available for re-use or are in the public domain.

7.5 If you broadcast, publish, upload, transmit, post, or distribute any content on the Software (“Your Content”), then you grant a non-exclusive, transferrable, perpetual, royalty-free, irrevocable, worldwide licence to broadcast, republish, up-load to a third party, transmit, post, distribute, show or play in public, adapt or change Your Content, subject to the terms and conditions of ”Positive Response Dog Training” current Privacy Policy.

8. SALE OF GOODS

8.1 When you place an order, subject to availability, you may order multiple products. If the weight or size of the goods exceeds our current parcel bag, further delivery charges will apply and you will be notified immediately.

8.2 We will charge you, and you agree to pay:

(a) the purchase price for each product ordered; and

(b) any applicable delivery or handling fees, in the amounts specified on the Website or advised to you by the customer service representative.

8.3 Payment for additional delivery must be paid prior to goods being sent.

8.4 All prices, delivery, and handling fees are expressed in Australian dollars and are inclusive of any applicable GST (as defined in A New Tax System (Goods and Services Tax) Act 1999 (Cth)).

8.5 If you are placing an order for or to be delivered to a third party, you represent and warrant to us that you have obtained consent from that third party to provide us with their Personal Information (as that term is defined in the Privacy Act, 1988 (Cth)).

8.6 Payment methods are specified on the Website or told to you at the time you place your order. The name on any credit card used for payment must match the name on the order.

8.7 All coupon or gift card codes must be entered at the shopping cart page or during checkout on the Website and cannot be redeemed once the order has been placed.

8.8 All Coupons are non-transferable and are to be used as per our terms at the time of offer.

8.9 You represent and warrant that in paying or attempting to pay for products using the Website, over the telephone or in person, you are not engaged in any fraudulent conduct or contravening any applicable state or federal laws.

8.10 We may, at our discretion, accept or reject an order for any reason, at any time. If we reject an order, you will receive a full refund of any money paid.

8.11 We will not be liable to you for any loss you or any third party suffers for a delay or failure to process your order or deliver products due to inaccurate or incomplete details being provided in an order.

8.12 Delivery will be made to the address specified in the purchase order. If you need to change the delivery address, please contact Customer Service as soon as possible and we will do our best to redirect your order. However, we will not be liable for any loss you or any third party suffer as a result of our inability to execute your request to change the delivery address.

8.13 Deliveries are made using third parties. As such, we cannot commit to an exact delivery date or time. You will, however, be provided with a tracking number for your reference.

8.14 If an exchange is required for a harness for sizing only, it must be returned to positive response dog training via Post or in person within 14 days of initial purchase. Additional postage fees apply to send replacement products. We reserve the right to withhold or exchange if the product is returned damaged or used. “Positive response dog training” is not responsible for incorrect sizing.

9. AVAILABILITY AND DESCRIPTION OF PRODUCTS

9.1 You must choose your products carefully. You are responsible for checking the order (including all pricing and product information) before you complete the online checkout process.

9.2 Positive Response Services Pty Ltd has made reasonable efforts to ensure that product information is accurate and to display as accurately as possible the colours of our products however, we cannot guarantee that your screen’s display will accurately reflect the colour of the product on delivery.

9.3 You acknowledge and agree that images of products are for illustrative purposes only and that any accessory featured with a product may be sold separately.

10. PRIVACY POLICY

10.1 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 the Service you consent to the collection and use (as set forth in the Privacy Policy) of this information.

11. Affiliate Program

In order to join our affiliate program, you will need to fill in a form. Once that form has been received, full terms of service will be required to be signed. Percentage of sales will be based on the affiliate program that is provided to you.

12. INDEMNITY

12.1 You agree to release and indemnify us and hold our officers, agents, and employees harmless from any claim or demand, including reasonable legal fees incurred by us:

(a) as a result of your breach of this Agreement and/or your negligent acts or omissions in the use of the Service;

13. DISCONTINUANCE OR MODIFICATION TO SERVICES

13.1 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). We will take all reasonable steps to provide notice to you; however, are not obliged to do so.

13.2 We agree that any modification of the Service will continue to be fit for the purpose the original Service was intended, as disclosed by us in writing or requested in writing by you prior to the commencement of the Service.

14. DISPUTE RESOLUTION

14.1 Compulsory:

If a dispute arises out of or relates to” the Terms”, either party may not commence any Tribunal or Court proceedings in relation to the dispute, unless the following clauses have been complied with (except where urgent interlocutory relief is sort).

14.2 Notice:

A party to the Terms claiming a dispute (“Dispute”) has arisen under the Terms, must give written notice to the other party detailing the nature of the dispute, the desired outcome, and the action required to settle the Dispute.

14.3 Resolution:

On receipt of that notice (“Notice”) by that other party, the parties to the Terms (“Parties”) must:

(a) Within seven (7) days of the Notice endeavour in good faith to resolve the Dispute expeditiously by negotiation or such other means upon which they may mutually agree;

(b) If for any reason whatsoever, twenty-one (21) days after the date of the Notice, the Dispute has not been resolved, the Parties must either agree upon the selection of a mediator or request that an appropriate mediator be appointed by the President of the Queensland Law Society or his or her nominee;

(c) The Parties are equally liable for the fees and reasonable expenses of a mediator and the cost of the venue of the mediation and without limiting the foregoing undertake to pay any amounts requested by the mediator as a pre-condition to the mediation commencing. The Parties must each pay their own costs associated with the mediation;

(d) The mediation will be held in Brisbane, Australia.

14.4 Confidential

All communications concerning negotiations made by the Parties arising out of and in connection with this dispute resolution clause are confidential and to the extent possible, must be treated as “without prejudice” negotiations for the purpose of applicable laws of evidence.

14.5 Termination of Mediation:

If thirty (30) days have elapsed after the start of a mediation of the Dispute and the Dispute has not been resolved, either Party may ask the mediator to terminate the mediation and the mediator must do so.

15. TERMINATION

15.1 You agree that we may, under certain circumstances and without prior notice, immediately terminate your registration for the Service.

15.2 We may terminate the Service for, but not be limited to, the following reasons:

(a) Your breach or violation of this Agreement or other incorporated agreements or guidelines;

(b) requests by law enforcement or other government agencies;

(d) discontinuance or material modification to the Service (or any part thereof) by us;

(e) unexpected issues or problems in us providing the Service;

(f) non-payment of any fees owed by you in connection with the Service.

15.3 You agree that all terminations under this Agreement will be made at our sole discretion and that we will not be liable to you or any third party for any termination of the Services.

16. WARRANTIES

16.1 You expressly acknowledge and accept that:

(a) Unless you have requested in writing (and we have agreed) that the Service will be fit for a particular purpose, the Service will be solely fit for the purpose indicated by us in our registration material;

(b) As a consequence of the nature of the Service, we are unable to make any warranty that the Services will be uninterrupted, timely, secure, or error-free;

(c) As a consequence of the nature of the Service, we are unable to warrant that the results that may be obtained from the use of the Service will be consistent or meet any particular expectations you may have for your pet.

17. LIMITATION OF LIABILITY

17.1 Subject to applicable 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:

(a) your negligent use of the Service;

(b) the cost of procurement of substitute Services at your request; or

18. NOTICES

18.1 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:

Email: [email protected]

19. GENERAL INFORMATION

19.1 Intellectual Property: You acknowledge and accept that any video tutorial, notes, or other material (“our property”) we provide you within the service belongs to us. You agree not to distribute our property to any other party without our express written consent. You understand that a breach of this term may result in legal action being taken against you. You agree to fully indemnify us for any legal fees or costs we incur as a result of such action.

19.2 Entire Agreement: 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.

19.3 Choice of Law and Forum: 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.

19.4 Waiver and Severability of Terms: 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 endeavor 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.

20. VIOLATIONS

Please report any violations of this Agreement to [email protected]