Terms and Conditions

Last updated: 5th July 2021

 

PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY BEFORE USING THIS SITE

1. What’s in these terms?

These terms detail the rules for using our websites www.kelly-brown.online and www.waggletails.com.au (our sites).

2. Who we are and how to contact us

www.kelly-brown.online and www.waggletails.com.au are sites operated by Waggle Tails Dog Training and Behaviour (“We“). We are registered in Australia under ABN 50 447 205 910.

To contact us, please email [email protected].

3. By using our site you accept these terms

By using our site, you confirm that you accept these terms of use and that you agree to comply with them.

If you do not agree to these terms, you must not use our site.

We recommend that you print a copy of these terms for future reference.

4. There are other terms that may apply to you

These terms of use refer to the following additional terms, which also apply to your use of our site:

• Our Privacy Policy.
• Our Acceptable Use Policy, which sets out the permitted uses and prohibited uses of our site. When using our site, you must comply with this Acceptable Use Policy.

If you purchase services and/or digital content from us, our Terms and Conditions will apply to the sales.

5. We may make changes to these terms

We amend these terms from time to time. Every time you wish to use our site, please check these terms to ensure you understand the terms that apply at that time.

6. We may make changes to our site

We may update and change our site from time to time to reflect changes to our products, our users’ needs and our business priorities.

7. We may suspend or withdraw our site

Our site is made available free of charge.

We do not guarantee that our site, or any content on it, will always be available or be uninterrupted. We may suspend or withdraw or restrict the availability of all or any part of our site for business and operational reasons. We will try to give you reasonable notice of any suspension or withdrawal.

You are also responsible for ensuring that all persons who access our site through your internet connection are aware of these terms of use and other applicable terms and conditions, and that they comply with them.

8. You must keep your account details safe

If you choose, or you are provided with, a username, password or any other piece of information as part of our security procedures, you must treat such information as confidential. You must not disclose it to any third party.

We have the right to disable any username or password, whether chosen by you or allocated by us, at any time, if in our reasonable opinion you have failed to comply with any of the provisions of these terms of use.

If you know or suspect that anyone other than you know your username or password, you must promptly notify us at [email protected]. 

9. How you may use material on our site

We are the owner or the licensee of all intellectual property rights in our site, and in the material published on it.  Those works are protected by copyright laws and treaties around the world. All such rights are reserved.

You may print off one copy, and may download extracts, of any page(s) from our site for your personal use and you may draw the attention of others within your organisation to content posted on our site.

You must not modify the paper or digital copies of any materials you have printed off or downloaded in any way, and you must not use any illustrations, photographs, video or audio sequences or any graphics separately from any accompanying text.

Our status (and that of any identified contributors) as the authors of content on our site must always be acknowledged.

You must not use any part of the content on our site for commercial purposes without obtaining a licence to do so from us or our licensors.

If you print off, copy or download any part of our site in breach of these terms of use, your right to use our site will cease immediately and you must, at our option, return or destroy any copies of the materials you have made.

10. Do not rely on information on this site

The content on our site is provided for general information only. It is not intended to amount to advice on which you should rely. You must obtain professional or specialist advice before taking, or refraining from, any action on the basis of the content on our site.

Although we make reasonable efforts to update the information on our site, we make no representations, warranties or guarantees, whether express or implied, that the content on our site is accurate, complete or up to date.

11. We are not responsible for websites we link to

Where our site contains links to other sites and resources provided by third parties, these links are provided for your information only. Such links should not be interpreted as approval by us of those linked websites or information you may obtain from them.

We have no control over the contents of those sites or resources.

12. User-generated content is not approved by us

Our websites may include information and materials uploaded by other users of the sites. This information and these materials have not been verified or approved by us. The views expressed by other users on our site do not represent our views or values.

If you wish to complain about information and materials uploaded by other users please contact us at [email protected].

13. Our responsibility for loss or damage suffered by you

Whether you are a consumer or a business user:

• We do not exclude or limit in any way our liability to you where it would be unlawful to do so. This includes liability for death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors and for fraud or fraudulent misrepresentation.
• Different limitations and exclusions of liability will apply to liability arising as a result of the supply of any products to you, which will be set out in our Terms and Conditions.

If you are a business user:

• We exclude all implied conditions, warranties, representations or other terms that may apply to our site or any content on it.
• We will not be liable to you for any loss or damage, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, even if foreseeable, arising under or in connection with:

 

• use of, or inability to use, our site; or
• use of or reliance on any content displayed on our site.
• In particular, we will not be liable for:
• loss of profits, sales, business, or revenue;
• business interruption;
• loss of anticipated savings;
• loss of business opportunity, goodwill or reputation; or
• any indirect or consequential loss or damage.

 If you are a consumer user:

• Please note that we only provide our site for domestic and private use. You agree not to use our site for any commercial or business purposes, and we have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.
• If defective digital content that we have supplied, damages a device or digital content belonging to you and this is caused by our failure to use reasonable care and skill, we will either repair the damage or pay you compensation. However, we will not be liable for damage that you could have avoided by following our advice to apply an update offered to you free of charge or for damage that was caused by you failing to correctly follow installation instructions or to have in place the minimum system requirements advised by us.

14. How we may use your personal information

We will only use your personal information as set out in our Privacy Policy.

15. Uploading content to our site

Whenever you make use of a feature that allows you to upload content to our site, or to make contact with other users of our site, you must comply with the content standards set out in our Acceptable Use Policy.

You warrant that any such contribution does comply with those standards, and you will be liable to us and indemnify us for any breach of that warranty. This means you will be responsible for any loss or damage we suffer as a result of your breach of warranty.

Any content you upload to our site will be considered non-confidential and non-proprietary. You retain all of your ownership rights in your content, but you are required to grant us a limited licence to use, store and copy that content and to distribute and make it available to third parties. The rights you license to us are described in Rights you are giving us to use material you upload.

We also have the right to disclose your identity to any third party who is claiming that any content posted or uploaded by you to our site constitutes a violation of their intellectual property rights, or of their right to privacy.

We have the right to remove any posting you make on our site if, in our opinion, your post does not comply with the content standards set out in our Acceptable Use Policy.

You are solely responsible for securing and backing up your content.

16. Rights you are giving us to use material you upload

When you upload or post content to our site, you grant us the following rights to use that content:

• a perpetual, worldwide, non-exclusive, royalty-free, transferable licence to use, reproduce, distribute, prepare derivative works of, display, and perform your content in connection with the service and/or digital content provided by the website and across different media including, without limitation, to promote this website and our services.

17. We are not responsible for viruses and you must not introduce them

We do not guarantee that our site will be secure or free from bugs or viruses.

You are responsible for configuring your information technology, computer programmes and platform to access our site. You should use your own virus protection software.

You must not misuse our site by knowingly introducing viruses, trojans, worms, logic bombs or other material that is malicious or technologically harmful. You must not attempt to gain unauthorised access to our site, the server on which our site is stored or any server, computer or database connected to our site. You must not attack our site via a denial-of-service attack or a distributed denial-of service attack. By breaching this provision, you would commit a criminal offence under the Computer Misuse Act 1990. We will report any such breach to the relevant law enforcement authorities and we will co-operate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use our site will cease immediately.

18. Rules about linking to our site

You may link to our home page, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it.

You must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists.

You must not establish a link to our site in any website that is not owned by you.

Our site must not be framed on any other site, nor may you create a link to any part of our site other than the home page.

We reserve the right to withdraw linking permission without notice.

The website in which you are linking must comply in all respects with the content standards set out in our Acceptable Use Policy.

If you wish to link to or make any use of content on our site other than that set out above, please contact [email protected]. 

19. Which country’s laws apply to any disputes?

If you are a consumer, please note that these terms of use, their subject matter and their formation, are governed by Australian law. You and we both agree that the courts of Australia will have exclusive jurisdiction.

If you are a business, these terms of use, their subject matter and their formation (and any non-contractual disputes or claims) are governed by English law. We both agree to the exclusive jurisdiction of the courts of England and Wales.

TERMS FOR DIGITAL CONTENT

Our terms

1. These terms

1.1. What these terms cover. These are the terms and conditions on which we supply products to you, whether these are goods, services or digital content.

1.2. Why you should read them. Please read these terms carefully before you submit your order to us. These terms tell you who we are, how we will provide products to you, how you and we may change or end the contract, what to do if there is a problem and other important information. If you think that there is a mistake in these terms, please contact us to discuss.

1.3.These terms and conditions apply to both consumers and businesses except where expressly provided otherwise.

2. Information about us and how to contact us

2.1. Who we are. We are Waggle Tails Dog Training and Behaviour, a company registered in Australia. Our ABN is 50 447 205 910.

2.2. How to contact us. You can contact us by writing to us at [email protected].

2.3. How we may contact you. If we have to contact you we will do so by telephone or by writing to you at the email address you provided to us in your order.

2.4. ”Writing” includes emails. When we use the words “writing” or “written” in these terms, this includes emails.

3. Our contract with you

3.1. How we will accept your order. Our acceptance of your order will take place when we email you to accept it, at which point a contract will come into existence between you and us.

3.2. If we cannot accept your order. If we are unable to accept your order, we will inform you of this and will not charge you for the product. This might be because of unexpected limits on our resources which we could not reasonably plan for or because we have identified an error in the price or description of the product or because we are unable to meet a delivery deadline you have specified.

4. Our products

4.1. Products may vary slightly from their pictures. The images of the products on our website are for illustrative purposes only. Although we have made every effort to display the colours accurately, we cannot guarantee that a device’s display of the colours accurately reflects the colour of the products. Your product may vary slightly from those images.

4.2. Product packaging may vary. The packaging of the product may vary from that shown in images on our website.

5. Your use of the services and/or digital content

5.1. Right to use the services and/or digital content. Subject to the rest of these terms, we grant you a non-exclusive, non-transferable right to use the services and/or digital content:

1. for an indefinite period if you buy any services and/or digital content which we have agreed you can keep and/or access (as appropriate) indefinitely; or
2. until your contract with us comes to an end if you buy the services and/or digital content pursuant to a subscription service or for a fixed period.

5.2. The minimum system requirements for use of the services and/or digital content. To be able to access the services and/or digital services you must have Internet access. The minimum system requirements needed to access or operate the services and/or digital content are the most up to date version of either Safari, Google Chrome, Internet Explorer or Mozilla Firefox.

5.3. Prohibitions on the use of the services and/or digital content. You shall not:

1. copy the services and/or digital content except where such copying is incidental to normal use of the services and/or digital content, or where it is necessary for the purpose of back-up or operational security;
2. rent, lease, sub-license, translate, merge, adapt, vary, modify, sell, transfer, distribute, disclose or otherwise commercially exploit the services and/or digital content or any materials provided in the course of the services or otherwise make the services and/or digital content available to any third party whether in whole or part;
3. disassemble, decompile, reverse-engineer or create derivative works based on the whole or any part of the services and/or digital content nor attempt to do any such thing;
4. use the services and/or digital content to create any services and/or digital content which is substantially similar;
5. use the services and/or digital content to provide services to third parties;
6. attempt to obtain, or assist third parties in obtaining access to the services and/or digital content.

5.4. Intellectual property rights in the services and/or digital content. You acknowledge that all intellectual property rights in the services and/or digital content, including any materials or content provided by us in the course of the services and/or digital content, anywhere in the world belong to us. No materials or content provided by us in the course of the services and/or supply of the digital content may be copied, reproduced, uploaded, posted, displayed or linked to in any way, whether in whole or part, without our prior written consent.

5.5. Using the services and/or digital content to train your dog. Prior to using the services and/or digital content you must ensure that your dog is fit and healthy, and has been confirmed as such by a veterinary doctor, to partake in any training activities forming part of the services and/or digital content.

6. Our rights to make changes

6.1. Minor changes to the products. We may change the product:

1. a) to reflect changes in relevant laws and regulatory requirements; and
2. b) to implement minor technical adjustments and improvements, for example to address a security threat. These changes will not affect your use of the services and/or digital content.
3. Providing the products
4. Delivery

7.1. Delivery costs. The costs of delivery will be as displayed to you on our website.

7.2 When we will provide the services and/or digital content. We will begin the services and/or provide the digital content on the date set out in the order. The estimated completion date for the services is as told to you during the order process, We will cease to provide you with the services and/or digital content:

1. if you have purchased the services and/or digital content as part of a subscription service when the contract comes to an end in accordance with clause 8.6; or
2. if the services and/or digital content has been purchased for a fixed period, at the end of the fixed period, or any such earlier time that the contract is ended in accordance with these terms and conditions; or
3. if the products are goods. If the products are goods we will contact you with an estimated delivery date which will be within 30 days after the day on which we accept your order.

7.3 We are not responsible for delays outside our control. If our supply of the products is delayed by an event outside our control then we will contact you as soon as possible to let you know and we will take steps to minimise the effect of the delay. Provided we do this we will not be liable for delays caused by the event, but if there is a risk of substantial delay you may contact us to end the contract and receive a refund for any products you have paid for but not received.

7.4 Your legal rights if we deliver goods late. You have legal rights if we deliver any goods late. If we miss the delivery deadline for any goods then you may treat the contract as at an end straight away if any of the following apply:

1. we have refused to deliver the goods;
2. delivery within the delivery deadline was essential (taking into account all the relevant circumstances); or
3. you told us before we accepted your order that delivery within the delivery deadline was essential.

7.5 Setting a new deadline for delivery. If you do not wish to treat the contract as at an end straight away, or do not have the right to do so under clause 7.5, you can give us a new deadline for delivery, which must be reasonable, and you can treat the contract as at an end if we do not meet the new deadline.

7.6 Ending the contract for late delivery. If you do choose to treat the contract as at an end for late delivery under clauses 7.4 or 7.5, you can cancel your order for any of the goods or reject the goods that have been delivered. After that we will refund any sums you have paid to us for the cancelled goods and their delivery.

7.7. When you become responsible for the goods. You own a product which is goods once we have received payment in full.

7.8. What will happen if you do not give required information to us. We may need certain information from you so that we can supply the products to you. If so, this will have been stated in the description of the products on our website. We will contact you to ask for this information. If you do not give us this information within a reasonable time of us asking for it, or if you give us incomplete or incorrect information, we may end the contract (and clause 10.2 will apply). We will not be responsible for supplying the products late or not supplying any part of them if this is caused by you not giving us the information we need within a reasonable time of us asking for it.

7.9. Reasons we may suspend the supply of services and/or digital content to you. We may have to suspend the supply of services and/or digital content to:

1. deal with technical problems or make minor technical changes; and/or
2. update the product to reflect changes in relevant laws and regulatory requirements.

7.10. Your rights if we suspend the supply of services and/or digital content. We will contact you in advance to tell you we will be suspending supply of the services and/or digital content, unless the problem is urgent or an emergency. You may contact us to end the contract for a product if we suspend it, or tell you we are going to suspend it, in each case for a period of more than 7 days and we will refund any sums you have paid in advance for the services and/or digital content in respect of the period after you end the contract.

7.11. We may also suspend supply of the services and/or digital content if you do not pay. If you do not pay us for the services and/or digital content when you are supposed to (see clause 12.4) and you still do not make payment within 7 days of us reminding you that payment is due, we may suspend supply of the services and/or digital content until you have paid us the outstanding amounts. We will contact you to tell you we are suspending the supply of services and/or digital content. We will not suspend the services and/or digital content where you dispute the unpaid invoice (see clause 12.6). We will not charge you for the products during the period for which they are suspended. As well as suspending the products we can also charge you interest on your overdue payments (see clause 12.5).

8. Your rights to end the contract

8.1 You can always end your contract with us. Your rights when you end the contract will depend on what you have bought, whether there is anything wrong with it, how we are performing and when you decide to end the contract:

1. If what you have bought is faulty or mis-described you may have a legal right to end the contract (or to get the product repaired or replaced or a service re-performed or to get some or all of your money back), see clause 11;
2. If you want to end the contract because of something we have done or have told you we are going to do see clause 8.2;
3. If you have just changed your mind about the product, see clause 8.3. You may be able to get a refund if you are within the cooling-off period, but this may be subject to deductions;
4. If none of the circumstances in (a) to (c) above apply then:
5. if you have purchased our services and/or digital content as part of a subscription service, see clause 8.6; or
6. if you have purchased our services and/or digital content for a fixed period and you want to end the contract before the end of the fixed period, see clause 8.7; or
7. if you have not purchased our services and/or digital content as part of a subscription service or for a fixed period, see clause 8.8.

8.2 Ending the contract because of something we have done or are going to do. If you are ending a contract for a reason set out at (a) to (d) below the contract will end immediately and we will refund you in full for any products which have not been provided. The reasons are:

1. we have told you about an error in the price or description of the product you have ordered and you do not wish to proceed;
2. there is a risk that supply of the product may be significantly delayed because of events outside our control;
3. we have suspended supply of the product for technical reasons, or notify you we are going to suspend them for technical reasons, in each case for a period of more than 7 days; or
4. you have a legal right to end the contract because of something we have done wrong.

8.3 Change of mind. You do not have a right to change your mind in respect of:

1. your class has commenced, including a single, stand alone class or the first of a group of classes.
2. digital content after your payment has been made and your order has been accepted.

8.4 How long do I have to change my mind? How long you have depends on what you have ordered and how it is delivered.

1. Have you bought a single or group of in-person classes? If so, you have 14 days after the day we email you to confirm we accept your order. However, once we have commenced the services you cannot change your mind, even if the period is still running.
2. Have you bought digital content for download or streaming?If we delivered the digital content to you immediately, you will not have a right to change your mind.

8.5 Ending the contract if you have purchased our services and/or digital content as part of a subscription service. You can cancel your subscription service at any time, and you will continue to have access to the subscription service until the end of your applicable billing period. To the extent permitted by the applicable law, payments are non-refundable and we do not provide refunds or credits for any partial membership periods or unwatched digital content supplied as part of the subscription service. If you cancel your subscription service, your account will automatically close at the end of your current billing period and you will cease to have access to the services and/or digital content.

8.6 Ending the contract if you have purchased our services and/or digital content for a fixed period. You can cancel your service at any time. Just contact us to let us know and the contract will end immediately. However, we will not refund any sums paid for the relevant fixed period and you will cease to have access to the services and/or digital content immediately on termination.

9. How to end the contract with us

9.1 Tell us you want to end the contract. To end the contract with us, please email us at [email protected]. Please provide your name, details of the order and, where available, your phone number and email address.

9.2. How we will refund you (excluding Change of Mind).  We will refund you the price you paid for the product, by the method you used for payment. However, we may make deductions from the price, as described below.

9.3. Deductions from refunds (if your refund has been approved by us). If your refund has been approved by us (excluding Change of Mind) we may deduct from any refund an amount for the supply of the service and/or digital content for the period for which it was supplied and any fees associated with the transaction, ending with the time when you told us you had changed your mind. The amount will be in proportion to what has been supplied, in comparison with the full coverage of the contract.

9.4. When your refund will be made. We will make any refunds due to you as soon as possible. If you are exercising your right to change your mind then your refund will be made within 14 days of your telling us you have changed your mind.

10. Our rights to end the contract

10.1. We may end the contract if you break it. We may end the contract for the products at any time by writing to you if:

1. you do not make any payment to us when it is due and you still do not make payment within 7 days of us reminding you that payment is due; and/or
2. you do not, within a reasonable time of us asking for it, provide us with information that is necessary for us to provide the products; and/or
3. you break the terms of clause 5.3.

10.2 You must compensate us if you break the contract. If we end the contract in the situations set out in clause 10.1 we will refund any money you have paid in advance for the products we have not provided but we may deduct or charge reasonable compensation for the net costs we will incur as a result of your breaking the contract.

10.3 We may withdraw the product. We may write to you to let you know that we are going to stop providing the product. We will let you know at least one calendar month in advance of our stopping the supply of the product and will refund any sums you have paid in advance for the products which will not be provided.

10.4 If there is a problem with the product.

1. This clause applies to consumers only. You will be a consumer if you are an individual and you are buying products from us wholly or mainly for your personal use (not for use in connection with your trade, business, craft or profession).
2. How to tell us about problems. If you have any questions or complaints about the products, please contact us. You can write to us at [email protected].
3. Summary of your legal rights. We are under a legal duty to provide products that are in conformity with this contract. Nothing in these terms will affect your legal rights. 
4. Pricing and payment

11.1 Where to find the price for the services and/or digital content. The price of the product will be the price indicated when you placed your order. We take all reasonable care to ensure that the price of the product advised to you is correct. However please see clause 11.3 for what happens if we discover an error in the price of the product you order.

11.2 We will pass on changes in the rate of GST. If the rate of GST changes between your order date and the date we supply the product, we will adjust the rate of GST that you pay, unless you have already paid for the product in full before the change in the rate of GST takes effect.

11.3 What happens if we got the price wrong? It is always possible that, despite our best efforts, some of the products we sell may be incorrectly priced. We will normally check prices before accepting your order so that, where the product’s correct price at your order date is less than our stated price at your order date, we will charge the lower amount. If the product’s correct price at your order date is higher than the price stated to you, we will contact you for your instructions before we accept your order.

11.4 When you must pay and how you must pay. We accept payment with all major credit and debit cards, Stripe and PayPal. If you have purchased a subscription service, you will be charged on a regular basis corresponding to the commencement of your subscription service and your applicable billing periods, and unless you cancel your subscription before your monthly billing date, you authorise us to charge your next fee to your original payment method. In all other cases, unless agreed otherwise, you must make payment in full at the time of submitting your order.

11.3 What to do if you think an invoice is wrong. If you think an invoice is wrong please contact us promptly to let us know. You will not have to pay any interest until the dispute is resolved. Once the dispute is resolved we will charge you interest on correctly invoiced sums from the original due date.

12. Our responsibility for loss or damage suffered by you if you are a consumer

12.1 This clause applies to consumers only. You will be a consumer if you are an individual and you are buying products from us wholly or mainly for your personal use (not for use in connection with your trade, business, craft or profession).

12.2 We are responsible to you for foreseeable loss and damage caused by us. If we fail to comply with these terms, we are responsible for loss or damage you suffer that is a foreseeable result of our breaking this contract or our failing to use reasonable care and skill, but we are not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if either it is obvious that it will happen or if, at the time the contract was made, both we and you knew it might happen, for example, if you discussed it with us during the sales process.

12.3 We do not exclude or limit in any way our liability to you where it would be unlawful to do so. This includes liability for death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors; for fraud or fraudulent misrepresentation; for breach of your legal rights in relation to the services.

12.4 Our liabilities will not exceed the price of the services and/or digital content. Our total liability to you for all losses arising under or in connection with the services and/or digital content whether in contract, tort, breach of statutory duty, or otherwise, will in no circumstances exceed the price of the services and/or digital content.

12.5 We are not liable for business losses. If you are a consumer we only supply the products to you for domestic and private use. If you use the products for any commercial, business or re-sale purpose our liability to you will be limited as set out in this clause 13.

13. Our responsibility for loss or damage suffered by you if you are a business

13.1 This clause applies to business users of our services and digital content only.

13.2 Nothing in these terms shall limit or exclude our liability for:

1. death or personal injury caused by our negligence, or the negligence of our employees, agents or subcontractors (as applicable);
2. fraud or fraudulent misrepresentation;
3. defective products; or
4. any matter in respect of which it would be unlawful for us to exclude or restrict liability.

13.3 Subject to clause 13.2:

1. we shall not be liable to you, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, for any loss of profit, or any indirect or consequential loss arising under or in connection with any contract between us; and
2. our total liability to you for all other losses arising under or in connection with any contract between us, whether in contract, tort (including negligence), breach of statutory duty, or otherwise shall be limited to the price paid by you for the products.
3. How we may use your personal information

14.1 We will only use your personal information as set out in our Privacy Policy.

15. Other important terms

15.1 We may transfer this agreement to someone else. We may transfer our rights and obligations under these terms to another organisation. We will always tell you in writing if this happens and we will ensure that the transfer will not affect your rights under the contract. If you are unhappy with the transfer you may contact us to end the contract within 14 days of us telling you about it and we will refund you any payments you have made in advance for services not provided.

15.2 You need our consent to transfer your rights to someone else. You may only transfer your rights or your obligations under these terms to another person if we agree to this in writing.

15.3 Nobody else has any rights under this contract. This contract is between you and us. No other person shall have any rights to enforce any of its terms.

15.4 If a court finds part of this contract illegal, the rest will continue in force. Each of the paragraphs of these terms operates separately. If any court or relevant authority decides that any of them are unlawful, the remaining paragraphs will remain in full force and effect.

15.5 Even if we delay in enforcing this contract, we can still enforce it later. If we do not insist immediately that you do anything you are required to do under these terms, or if we delay in taking steps against you in respect of your breaking this contract, that will not mean that you do not have to do those things and it will not prevent us taking steps against you at a later date. For example, if you miss a payment and we do not chase you but we continue to provide the products, we can still require you to make the payment at a later date.

15.6 Which laws apply to this contract and where you may bring legal proceedings. These terms are governed by Australian law and you can bring legal proceedings in respect of the products in the Australian courts. If you live in Scotland you can bring legal proceedings in respect of the products in the Australian courts. 

 

Acceptable Use Policy

PLEASE READ THE TERMS OF THIS POLICY CAREFULLY BEFORE USING THE SITE

1.  What’s in these terms?

This acceptable use policy sets out the content standards that apply when you upload content to our sites, make contact with other users on our sites, link to our sites, or interact with our sites in any other way.

2.  Who we are and how to contact us

www.kelly-brown.online and www.waggletails.com.au are sites operated by Waggle Tails Dog Training and Behaviour (“We“). We are registered in Australia under ABN 50 447 205 910.

To contact us, please email [email protected].

3.  By using our sites you accept these terms

By using our sites, you confirm that you accept the terms of this policy and that you agree to comply with them.

If you do not agree to these terms, you must not use our sites.

We recommend that you print a copy of these terms for future reference.

4.  There are other terms that may apply to you

Our Terms of Website Use also apply to your use of our sites.

5.  We may make changes to the terms of this policy

We amend these terms from time to time. Every time you wish to use our sites, please check these terms to ensure you understand the terms that apply at that time.

6.  Prohibited uses

You may use our site only for lawful purposes. You may not use our site:

• in any way that breaches any applicable local, national or international law or regulation.
• in any way that is unlawful, fraudulent or has any unlawful or fraudulent purpose or effect.
• for the purpose of harming or attempting to harm minors in any way.
• to send, knowingly receive, upload, download, use or re-use any material which does not comply with our content standards.
• to transmit, or procure the sending of, any unsolicited or unauthorised advertising or promotional material or any other form of similar solicitation (spam).
• to knowingly transmit any data, send or upload any material that contains viruses, Trojan horses, worms, time-bombs, keystroke loggers, spyware, adware or any other harmful programs or similar computer code designed to adversely affect the operation of any computer software or hardware.

You also agree:

• not to reproduce, duplicate, copy or re-sell any part of our site in contravention of the provisions of our terms of website use
• not to access without authority, interfere with, damage or disrupt:
• any part of our site;
• any equipment or network on which our site is stored;
• any software used in the provision of our site; or
• any equipment or network or software owned or used by any third party.

7.  Interactive services

We may from time to time provide interactive services on our site or Facebook, including, without limitation forums (interactive services).

Where we do provide any interactive service, we will provide clear information to you about the kind of service offered, if it is moderated and what form of moderation is used (including whether it is human or technical).

We will do our best to assess any possible risks for users (and in particular, for children) from third parties when they use any interactive service provided on our site, and we will decide in each case whether it is appropriate to use moderation of the relevant service (including what kind of moderation to use) in the light of those risks. However, we are under no obligation to oversee, monitor or moderate any interactive service we provide on our site, and we expressly exclude our liability for any loss or damage arising from the use of any interactive service by a user in contravention of our content standards, whether the service is moderated or not.

The use of any of our interactive services by a minor is subject to the consent of their parent or guardian. We advise parents who permit their children to use an interactive service that it is important that they communicate with their children about their safety online, as moderation is not fool proof. Minors who are using any interactive service should be made aware of the potential risks to them.

Where we do moderate an interactive service, we will normally provide you with a means of contacting the moderator, should a concern or difficulty arise.

8.  Content standards

These content standards apply to any and all material which you contribute to our site (Contribution), and to any interactive services associated with it.

The Content Standards must be complied with in spirit as well as to the letter. The standards apply to each part of any Contribution as well as to its whole.

Waggle Tails Dog Training and Behaviour will determine, in its discretion, whether a Contribution breaches the Content Standards.

A Contribution must:

• be accurate (where it states facts).
• be genuinely held (where it states opinions).
• comply with the law applicable in Australia and in any country from which it is posted.

A Contribution must not:

• be defamatory of any person.
• be obscene, offensive, hateful or inflammatory.
• promote sexually explicit material.
• promote violence.
• promote discrimination based on race, sex, religion, nationality, disability, sexual orientation or age.
• infringe any copyright, database right or trade mark of any other person.
• be likely to deceive any person.
• breach any legal duty owed to a third party, such as a contractual duty or a duty of confidence.
• promote any illegal activity.
• be in contempt of court.
• be threatening, abuse or invade another’s privacy, or cause annoyance, inconvenience or needless anxiety.
• be likely to harass, upset, embarrass, alarm or annoy any other person.
• impersonate any person, or misrepresent your identity or affiliation with any person.
• give the impression that the Contribution emanates from Waggle Tails Dog Training and Behaviour, if this is not the case.
• advocate, promote, incite any party to commit, or assist any unlawful or criminal act such as (by way of example only) copyright infringement or computer misuse.
• contain a statement which you know or believe, or have reasonable grounds for believing, that members of the public to whom the statement is, or is to be, published are likely to understand as a direct or indirect encouragement or other inducement to the commission, preparation or instigation of acts of terrorism.
• contain any advertising or promote any services or web links to other sites.

Breach of this policy

When we consider that a breach of this acceptable use policy has occurred, we may take such action as we deem appropriate. 

Failure to comply with this acceptable use policy constitutes a material breach of the terms of use upon which you are permitted to use our site, and may result in our taking all or any of the following actions:

• immediate, temporary or permanent withdrawal of your right to use our site.
• immediate, temporary or permanent removal of any Contribution uploaded by you to our site.
• issue of a warning to you.
• legal proceedings against you for reimbursement of all costs on an indemnity basis (including, but not limited to, reasonable administrative and legal costs) resulting from the breach.
• further legal action against you.
• disclosure of such information to law enforcement authorities as we reasonably feel is necessary or as required by law.

We exclude our liability for all action we may take in response to breaches of this acceptable use policy. The actions we may take are not limited to those described above, and we may take any other action we reasonably deem appropriate.

Which country’s laws apply to any disputes?

If you are a consumer, please note that the terms of this policy, its subject matter and its formation are governed by Australian law. You and we both agree that the courts of Australia will have exclusive jurisdiction.

If you are a business, the terms of this policy, its subject matter and its formation (and any non-contractual disputes or claims) are governed by Australian law. We both agree to the exclusive jurisdiction of the courts of Australia.