The website at www.dogtraineracademy.org (“Website”) is operated by The Online Dog Trainer Limited NZBN 9429041421581 (“we”, “us” and “our”). We offer this Website, including all information, tools and services available from within (“Services”) to you, the user, upon your acceptance of all terms, conditions, policies and notices stated here. Prior to using the Services, you will be required to set up an account which will enable you to access our Services by using a username and password.
By visiting the Website or using the Services and/ or purchasing something from us, you agree to be bound by the following terms and conditions (“Terms of Service”), including those additional terms and conditions and policies which are referred to within the Terms of Service. These Terms of Service apply to all users of the site, including without limitation users who are browsers, vendors, customers, merchants, and/ or contributors of content.
Please read these Terms of Service carefully before accessing or using our Services. If you do not agree to all the Terms of Service, then you may not access the Website or use the Services.
SECTION 1 – ONLINE STORE TERMS
You must be over eighteen (18) years of age to use our Services or if a law requires you to be over a certain age to be legally bound by these Terms of Services, you are over that age.
You may not use the Services for any illegal or unauthorized purpose nor may you, in the use of the Services, violate any laws in your jurisdiction (including but not limited to copyright laws).
A breach or violation of any of the Terms of Service will result in an immediate termination of your use of the Services.
On successful completion of the course which is provided on the Website, you will be provided with our certification in “Owner Education and Dog Communication” (“DTA Certification”). You must only use the DTA Certification after completion of the course (12) months.
If we provide you with any special discount codes for membership fees, you must use them strictly for the purpose for which they are provided to you, and not share them with anyone.
SECTION 2 – YOUR ACCOUNT
You must keep your account details, including your username and password secure at all times. You may not, under any circumstance, share your login or membership details with anyone. SHARED ACCOUNTS BEING LOGGED IN FROM WHAT WE DEEM AS TOO MANY IP ADDRESSES MAY BE TERMINATED WITHOUT NOTICE. You are responsible for all activities that are undertaken through your account.
SECTION 3 – GENERAL CONDITIONS
We reserve the right to refuse service to anyone for any reason at any time.
You understand that your content (not including credit card information), may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Credit card information is always encrypted during transfer over networks.
You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Services or Website, use of the Services, or access to the Services or any contact on the Website through which the Services are provided, without express written permission by us.
SECTION 4 – ACCURACY, COMPLETENESS AND TIMELINESS OF INFORMATION
We are not responsible if information made available on the Website is not accurate, complete or current. The material on this site is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or more timely sources of information. Any reliance on the material on this site is at your own risk.
This site may contain certain historical information. Historical information, necessarily, is not current and is provided for your reference only. We reserve the right to modify the contents of this site at any time, but we have no obligation to update any information on our site. You agree that it is your responsibility to monitor changes to our site.
SECTION 5 – FEES
Prices for our products are subject to change without notice.
You may enrol and register in a course that is provided on the Website by entering your payment details on the Website for the relevant course fee (“Fee”). The Fee is payable up front for full access to the Services and therefore, is not refundable, after you have been granted access to the Services. If you have selected the option to pay the Fee in accordance with the payment plan option, you must pay the full Fee in accordance with the payment plan. For the avoidance of doubt, you may not terminate your payment plan even if you do not access or use the Services once we have granted you access.
Our fees are exclusive of all taxes, duties, levies or imposts. You are responsible to pay any such amounts in addition to our fees where applicable and must reimburse us if requested by us.
SECTION 6 –SERVICES
Certain products or services may be available exclusively online through the Website. We reserve the right, but are not obligated, to limit the sale of our Services to any person, geographic region or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any products or services that we offer. All descriptions of products or product pricing are subject to change at anytime without notice, at the sole discretion of us. We reserve the right to discontinue any product at any time. Any offer for any product or service made on this site is void where prohibited.
We do not warrant that the quality of any products, services, information, or other material purchased or obtained by you will meet your expectations, or that any errors in the Services will be corrected.
SECTION 7 – ACCURACY OF BILLING AND ACCOUNT INFORMATION
We reserve the right to refuse any order you place with us. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the e-mail and/or billing address/phone number provided at the time the order was made. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors.
You agree to provide current, complete and accurate purchase and account information for all purchases made at our store. You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed.
SECTION 8 – OPTIONAL TOOLS
We may provide you with access to third-party tools over which we neither monitor nor have any control nor input.
You acknowledge and agree that we provide access to such tools ”as is” and “as available” without any warranties, representations or conditions of any kind and without any endorsement. We shall have no liability whatsoever arising from or relating to your use of optional third-party tools.
Any use by you of optional tools offered through the Website is entirely at your own risk and discretion and you should ensure that you are familiar with and approve of the terms on which tools are provided by the relevant third-party provider(s).
We may also, in the future, offer new services and/or features through the Website (including, the release of new tools and resources). Such new features and/or services shall also be subject to these Terms of Service.
SECTION 9 – THIRD-PARTY LINKS
Certain content, products and services available via our Website may include materials from third-parties.
Third-party links on this site may direct you to third-party websites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy and we do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or services of third-parties.
We are not liable for any harm or damages related to the purchase or use of goods, our Services, resources, content, or any other transactions made in connection with any third-party websites. Please review carefully the third-party’s policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party.
SECTION 10 – USER COMMENTS, FEEDBACK AND OTHER SUBMISSIONS
If, at our request, you send certain specific submissions (for example contest entries) or without a request from us you send creative ideas, suggestions, proposals, plans, or other materials, whether online on the Website through your account, by email, by postal mail, or otherwise (collectively, ‘Your Content’), you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium Your Content. We are under no obligation (1) to maintain Your Content in confidence; (2) to pay compensation for Your Content; or (3) to respond to Your Content.
We may, but have no obligation to, monitor, edit or remove Your Content that we determine in our sole discretion are unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms of Service.
You agree that Your Content will not violate any right of any third-party, including copyright, trademark, privacy, personality or other personal or proprietary right. You further agree that Your Content will not contain libelous or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Service, the Website or any related website. You may not use a false e-mail address, pretend to be someone other than yourself, or otherwise mislead us or third-parties as to the origin of Your Content. You are solely responsible for Your Content and their accuracy. We take no responsibility and assume no liability for Your Content or any content posted on the Website by a third-party.
SECTION 11 – INTELLECTUAL PROPERTY RIGHTS
We own all intellectual property rights in our name, logo, trade mark, domain name and Website including but not limited to images, designs, screen formats, source codes, object codes, layouts, file structures and software underlying the Website except any content generated by other users or licensed by third parties to us and any content that is posted by us. We also own all intellectual property rights subsisting in or relating to our Services.
You will not do or omit to do anything that will infringe our intellectual property rights or those from whom we have licensed including but not limited to reproducing, republishing, adapting, modifying, reverse engineering, decompiling, translating, re-posting, transmitting, re-selling or distributing any content on the Website or materials relating to our Services.
You agree to do all things and sign all agreements, instruments, transfers and other documents requested by us to give full effect to the provisions of this agreement.
SECTION 12 – PERSONAL INFORMATION
SECTION 13 – ERRORS, INACCURACIES AND OMISSIONS
Occasionally there may be information on our Website or in the Services that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information in the Services or on the Website is inaccurate at any time without prior notice (including after you have submitted your order).
We undertake no obligation to update, amend or clarify information in the Services or on the Website, including without limitation, pricing information, except as required by law. No specified update or refresh date applied in the Services or on the Website, should be taken to indicate that all information in the Services or on the Website has been modified or updated.
SECTION 14 – PROHIBITED USES
In addition to other prohibitions as set forth in the Terms of Service, you are prohibited from using the Website or its content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Services or of the Website, other websites, or the internet; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the Services or the Website, other websites, or the internet. We reserve the right to terminate your use of the Service or the Website for violating any of the prohibited uses.
SECTION 15 – DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY
We do not guarantee, represent or warrant that your use of our Services or Website will be uninterrupted, timely, secure or error-free. We do not warrant the truth or accuracy, completeness, reliability, suitability or availability of the Services or the Website,
We reserve the right at any time to modify or discontinue the Services (or any part or content thereof) without notice at any time. We shall not be liable to you or to any third-party for any modification, price change, suspension or discontinuance of the Services.
You agree that from time to time we may remove the Service or the Website for indefinite periods of time or cancel the Services or Website at any time, without notice to you.
You expressly agree that your use of, or inability to use, the Services is at your sole risk. The Services and all products and services delivered to you through the Website are (except as expressly stated by us) provided ‘as is’ and ‘as available’ for your use, without any representation, warranties or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement.
In no case shall we, our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of any of the Services or the Website, or any products procured using the Services or Website, or for any other claim related in any way to your use of the Services, Website,or any product, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the Services or any content (or product) posted, transmitted, or otherwise made available via the Website, even if advised of their possibility. Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, our liability shall be limited to the maximum extent permitted by law.
SECTION 16 – WAIVER
You acknowledge that there are inherent risks in relation to working with animals and dogs, and you voluntarily assume all of the risks of personal injury, damage, loss or otherwise that may occur to you or others in connection with working with dogs. You unconditionally release, discharge and forever hold us harmless for any injury, damage or loss sustained by you or anyone as a result of any act, omission or error by us or otherwise in connection with working with animals and dogs or any associated activity.
SECTION 17 – INDEMNIFICATION
You indemnify us and hold us and our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, harmless from any claim or demand made or threatened against us or any direct or indirect loss or damage (including any legal cost and expense on a full indemnity basis) suffered or likely to be suffered by us arising from or in connection with your use of the Services and Website and your breach of any of these Terms of Service.
SECTION 18 – SEVERABILITY
In the event that any provision of these Terms of Service is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, the unenforceable portion shall be deemed to be severed from these Terms of Service, and such determination shall not affect the validity and enforceability of any other remaining provisions.
SECTION 19 – TERMINATION
We may deactivate or terminate your account at any time if we determine, in our sole and absolute discretion, Your Content is inappropriate, you use Our Services for a purpose that is not intended by us or there has been a sustained period of inactivity or non-use on your account. On termination we will revoke your access to the course with effect from the effective date.
You cannot require or demand us to remove any of Your Content upon deactivation or termination of your account.
We may decommission or transfer our Website at any time without incurring any liability to you or anyone else. We may also terminate any part or all of our Services at any time without notice to you.
You must not make a claim against us in relation to any deactivation or termination of your account or Our Services or the decommissioning or transfer of Our Website.
The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes.
These Terms of Service are effective unless and until terminated by either you or us. You may terminate these Terms of Service at any time by notifying us that you no longer wish to use our Services, or when you cease using our site.
If in our sole judgment you fail, or we suspect that you have failed, to comply with any term or provision of these Terms of Service, we also may terminate this agreement at any time without notice and you will remain liable for all amounts due in accordance with these Terms of Service; and/or accordingly may deny you access to our Services (or any part thereof).
SECTION 20 – ENTIRE AGREEMENT
These Terms of Service and any policies or operating rules posted by us on this Website or in respect to the Service constitutes the entire agreement and understanding between you and us and govern your use of the Service, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms of Service).
SECTION 21 – WAIVER OF OUR RIGHTS
If we do not act in relation to a breach by you of these Terms of Service, it does not waive our right to act with respect to that or subsequent breaches. Any waiver by us must be in writing and signed by us.
SECTION 22 – CONSTRUCTION
The rule of interpretation which sometimes requires that an agreement be interpreted to the disadvantage of the party which put the agreement forward, does not apply.
SECTION 23 – GOVERNING LAW
These Terms of Service shall be governed by and construed in accordance with the laws of New Zealand. The parties submit to the exclusive jurisdiction of the courts in New Zealand.
SECTION 24 – CHANGES TO TERMS OF SERVICE
You can review the most current version of the Terms of Service at any time at this page.
We reserve the right, at our sole discretion, to update, change or replace any part of these Terms of Service by posting updates and changes to the Website. It is your responsibility to check the Website periodically for changes. Your continued use of or access to the Website or the Services following the posting of any changes to these Terms of Service constitutes acceptance of those changes.
SECTION 25 – CONTACT INFORMATION
Questions about the Terms of Service should be sent to us at :
doggydan (at) dogtraineracademy.org