Consent Agreement

“You” the user of the Dogs Group Pty Limited services consent to the services which you have engaged the Dogs Group Pty Limited to perform in a manner to be determined by the Dogs Group Pty Limited..

“You” agree that during the performance of those services and entirely at the discretion of the Dogs Group Pty Limited they may at your cost perform additional services if it is considered to be in the best interest of your pet to perform those services.

“You” agree to the Dogs Group Pty Limited taking your pet to any suitably qualified vet to perform any emergency treatment that your pet may require while the services are being performed at your cost.

“You” agree that your pet at the absolute discretion of the Dogs Group Pty Limited or their agents, assigns, employees or contractors maybe muzzled, tethered or otherwise humanely restrained.

“You” agree that your pet maybe photographed while receiving the services that you have engaged the Dogs Group Pty Limited to perform and that any such photograph is a property of The Dog's Group PTY Ltd and maybe used in social media, advertising or other promotional matters with no compensation to you.

“You”  agree to indemnify The Dogs Group Pty Limited and or release them of all legal, financial, and any other liability that includes their agents, employees, successors and assigns, and their respective heirs, personal representatives, affiliates, successors and assigns, from any and all claims, demands, damages, actions, causes of action or suits of any kind or nature whatsoever, which have or may hereafter have, arising out of or in any way relating to any and all injuries and damages of any and every kind, to both person and property, and also any and all injuries and damages that may develop in the future, as a result of or in any way relating  to yourengagement of the Dogs Group Pty Limited.

This Consent shall be governed by the laws of the State of New South Wales.

This Consent has been read and fully understood by “You” and by clicking AGREE you agree to accept and be bound by the terms of this consent agreement in respect of the services you requested to be performed.

Service Agreement

General

The terms and conditions under which services will be provided to you are included in this service agreement, the consent agreement and the terms and conditions of use of this website. When you use this website, you agree to abide by the terms and conditions of use of the website as set out in the user agreement. When you book an appointment, you agree to consent to and abide by this service agreement and when you confirm an appointment by clicking on the agree button you have expressly agreed to the consent requirements for the provision of our services and for the payment of those services including any cancelled services as per this agreement. Please note that this agreement will be binding and continue for all future bookings whether you book online or not.

Definitions

 The “Dogs Group” means The Dogs Group Pty Limited ABN 97 644 419 698

“You” means the consumer or person using the services of the Dogs Group

“Services” means The Fitness Dog Program, DogXperiences, Assessments and Evaluations, Boarding, Dogs on Boarding, Half Day Care, Dog Adventure and Pickup and Drop Off

“The Fitness Dog Program” means brand of dog adventure

“DogXperiences” means any of the Dog’s Group PTY program.

“Dog Adventure” means maximum 3 hours off-leash outdoor activity (Dog needs to be assessed prior)

“PawStay Cation” means home style boarding on a struct timed 24 hour basis (only available to assessed dogs)

“Assessments and Evaluations” means temperamental/behaviour test for the dog. If dogs are showing any sign of aggression or anxiety the dog needs to be collected immediately.

“Half Day Care” means maximum 4 hours of boarding (late fees apply)

“Play Care” means full daycare (dog must be assessed)

“Pawty BDay Celebration” means one of three party packages for dogs and must be paid in addition to the Play care fees.

“website” means this website www.dogsintown.com.au or www.fitnessdogs.com.au

“Additional Services” means any service that the Dogs Group determines is necessary for the health and wellbeing of the animal including but not limited to veterinary care and additional grooming at your cost

“Further Services” means any further service that has been agreed between the parties whether in writing or orally at your cost

“Consent Agreement” means the consent agreement in this set of terms and conditions

“Behavioural Assessment” means an assessment of your animal and its responses to the environment, other dogs, other animals and human handlers.

“Party/Parties” means you and the Dogs Group

“Formal Process” means a formal mediation as per the agreement

“Pick Up and Drop Off” means picking the animal up from the areas of Alexandria, Waterloo, Zetland, Rosebery, Newtown, Erskineville, Chippendale, Darling Point, Redfern, Sydney Park, St Peters, Surry Hills, Potts Point, Woolloomooloo, Paddington, Darlinghurst, Centennial Park, Glebe, Eastern Beaches, Double Bay, Bondi, Tamarama, Bronte, Coogee, Mascot, Annandale, Glebe and Camperdown between the hours of 6.45am and 9am Monday to Saturday. Dropping off means returning to the same areas as defined between the hours of 2pm and 5 pm Monday to Saturday. You will be given 5 minutes notice prior to the actual drop off and your will be advised of the estimated time of pick up and drop off the day before pick up.

 “Animal Aggression” means any behaviour that the Dogs Group deems to be anti-social or inappropriate 

“Coat Condition” means the condition of your dogs coat and includes matting, tangles.

Services

The Dogs Group will provide the services that you have requested and will only provide additional services if it is in the best interest of the animal as defined in the consent agreement or if further services have been agreed to be provided in writing where those additional services and the original services have been paid for in full. Further services can be agreed between the parties orally where the dog has previously attended the Dogs Group.

The services to be provided must be agreed in writing and prepayment for services must be received prior to the commencement of services.

While the dogs group takes all care in the provision of services including transportation it accepts no responsibility for the provision of those services and does not guarantee that the services booked and paid for will be provided where in the absolute discretion of the Dogs Group the animal is unruly or aggressive.

The Dogs Group may in its absolute discretion refuse to provide services for any animal even if services have been booked. Where services are booked but the Dogs Group refuses to provide those services a refund of any monies paid will be made. Where you have previously been notified in writing by the Dogs Group that your animal will not be provided services and you book and pay for services your money will be refunded less an administration fee and the cost of transportation where applicable. Please note a processing fee applies on all the refunds.

Where the agreement is for ongoing services, the agreement will continue until cancelled in writing providing 28 days’ notice.

Where an animal is not collected or is unable to be dropped off after a service the Dogs Group will keep the animal for up to 1 days at your expense and you agree that the Dogs Group may delivery your dog to the RSPCA as an abandoned animal if not collected within that 24 hour period.

All services are to be carried out during the Dogs Group normal hours of business and failure to collect your animal on time or to have made arrangements for your animal to be dropped off in accordance with this agreement will result in additional time and minding costs and you agree to have those costs charged to your original payment method.

You agree that all services are prepaid but where an auto payment is rejected or your bank stops a payment that you will make the payment in full at the earliest possible time and that you will be charged an administration fee and interest at the rate set by the Supreme Court of NSW for interest.

 

Cancellation (excludes boarding bookings)

You may cancel or reschedule your appointment without incurring any penalty up to 24 hours prior to your confirmed service.

However, cancellations made within 24 hours of the confirmed service time will result in the payment of full fees for the service booked.

In instances where the Dogs Group, in its absolute discretion, cancels a confirmed service, you will be issued a credit for future services or offered an alternative time to have the booked service performed. Please note that any refunds processed will be subject to a processing fee, which will be deducted from your refund amount. This fee covers the transaction costs incurred through our payment processing partner, Stripe.

Holiday and Special Period Surcharge

1. Surcharge Applicability: Please be aware that during public holidays, and other specific periods announced by The Dog's Group PTY Ltd, an additional surcharge for dog boarding services may apply. These periods are typically times of high demand and the surcharge is instituted to accommodate the additional resources and staffing required.

2. Notification of Surcharge Periods: The specific dates and details of these surcharge periods will be clearly announced on our website and through our usual communication channels. We encourage clients to regularly check these sources for the most up-to-date information.

3. Surcharge Rates: The rates of the additional surcharge will vary depending on the period and will be specified during the announcement of each surcharge period. This information will be made available on our website and through direct communication with clients who have active bookings.

4. Booking Confirmation: Clients confirming bookings for their dogs during these specified periods agree to the applicable surcharge as part of the boarding fees. The surcharge will be clearly itemized in the booking confirmation and invoice.

5. Cancellation Policy: Our standard cancellation policy applies to bookings made during surcharge periods. However, we advise clients to review this policy as there may be specific terms related to cancellations during high-demand periods.

Boarding Cancellation

1. Illness within 24 hours before the boarding appointment: We can issue a credit for the booking. Unfortunately, refunds cannot be processed. Credit notes can be used for any service or retail products.

2. Cancellation 3 days before the boarding: Only 50% of the booking fee will be refunded, in accordance with our policy.

3. Cancellation within 48 hours: No refund is applicable.

4. In the event of your dog passing away: A full refund will be provided.

5. High season periods (such as public holidays, weekends starting 5 days before public holidays, December, January, and 2 weeks of Easter): Refunds will not be provided during these periods if you cancel 10 days before the mentioned dates.

6. Early collection of your pup before the stipulated date: 50% of the remaining days will be charged.

7. Exceptional cases: If your vet states that your dog can never be close to other dogs or in the case of a high-level accident, we will refund 50% of the deposit, provided it is in accordance with the dates, and a vet certificate must be attached directing to Dogs in Town.

You may cancel your appointment or reschedule an appointment without penalty up to 7 days prior to the confirmed service.

Where in its absolute discretion the Dogs Group cancels a confirmed service you will be issued with a credit for future services or offered an alternative time to have the booked service performed.

Packages

All the packages are subject to the validity terms offered upon booking.

Packages are non-refundable/transferable.

Waiting Time

Where there is a pick up or drop off and the waiting time after arrival exceeds 8 minutes you will be charged an additional $15 for every additional 8 minutes of waiting.

After any grooming appointment you will be contacted 15 minutes before your animal is ready to be collected, the waiting time will be 15 minutes after agreed time or you will be charged an additional $15 for every additional 15 minutes of waiting. For better comfort of your animal we might move them into the daycare which will require an additional behavioural assessment fee.

You agree that if you are 30 minutes late after closure to pick up your animal, we will transfer your animal to boarding. Late collection and boarding fees will apply.

Responsibilities of Owner

You must provide a medical and vaccination history for your animal on using our service or upon request. All our programs require a C5 vaccination card.

You must submit to and pay for a behavioural assessment if it is requested by the Dogs Group.

You must provide any other information requested with respect of your animal upon request.

You must ensure that your animal is ready to be collected at the agreed time and that you drop your animal off at the agreed time and you collect your animal at the agreed time or if your animal is being dropped off  that either you or a responsible person is available at the agreed time to take possession of the animal and that you will be responsible for and pay any additional fees or charges for late collection or drop off of your animal.

You agree that your animal over 6 months of age must be de-sexed before attending any of our services except grooming.

You must without delay collect your animal if requested to do so by the Dogs Group.

You must pay for all services prior to the service being provided.

You agree that your animal is free from fleas, ticks and other parasites.

You agree that your animal is not aggressive towards people, toys or other animals.

You agree that your animal has not had any disease or been exposed to any disease prior to the services being provided including but not limited to distemper, canine or kennel cough, canine influenza or similar diseases.

You agree to drop off your animal for boarding services before 9am, otherwise we might refuse to accept the the animal and extra fee may apply.

Price Increase and Public Holidays

Prices are subject to change without notice. There are additional fees and charges for all public holidays

Additional Services

Any additional service will be at the discretion of the Dogs Group and must be approved in writing before the service is to be provide unless the service is deemed by the Dogs Group in their sole discretion that the service is reasonable and necessary for the wellbeing of the animal.

Required Services

If your dog is deemed to be a large or energetic dog at the sole discretion of the dogs group you will be charged an additional fee each day for the dog adventure

Exclusions

The Dogs Group will not be liable for any loss or damage that arises out of or in connection with this agreement whether any such loss or damage is caused by negligence or wilful act of the Dogs Group and you agree

Disputes

The parties agree to raise any grievance or dispute directly with the other party.

Where a satisfactory resolution cannot be reached you agree to enter into a private mediation prior to lodging any formal process.

The parties agree that they will appoint an agreed mediator to mediate any dispute and where a mediator cannot be agreed then the Law Society of NSW will appoint a mediator.

Any mediation must take place within Greater Sydney and be in the English Language.

Credit Cards

By agreeing to our terms and conditions, you, the client, hereby authorize [Your Company Name] to store your credit card details securely and to charge your credit card for specific circumstances as outlined below:

1. Missed or Cancelled Appointments: In the event of a missed appointment or a cancellation not made within the specified notice period as outlined in our cancellation policy, you authorize us to charge a fee to your credit card. This fee will be detailed in our cancellation policy.

2. Additional or Further Services: For any additional or further services you request, you authorize us to charge the costs of these services to your credit card. Details of these charges will be communicated to you prior to the execution of the additional services.

3. Data Protection and Security: Your credit card information will be stored and processed in compliance with the Australian Privacy Principles (APPs) under the Privacy Act 1988 (Cth) and any other applicable data protection laws in New South Wales. We are committed to maintaining the confidentiality and security of your personal information.

4. Notification and Consent: You will be notified and your explicit consent obtained before any charges are made to your credit card, except in cases of missed or cancelled appointments as per our cancellation policy.

5. Right to Withdraw Consent: You may withdraw this authorization at any time by providing written notice to us; however, this will not affect any charges already processed.

By accepting these terms, you affirm that you are the authorized user of the credit card and that you understand and consent to the terms outlined above. This authorization is a binding agreement under NSW law.

Terms and Conditions for Dog Transportation Services and Same-Day Local Delivery

1. General Provisions

• These terms apply to all users of our Dog Transportation Services and Same-Day Local Delivery for Dog Products.
• By using these services, you agree to comply with and be bound by these terms.

2. Dog Transportation Services

• Our services are designed to provide safe and prompt transportation for your pet.
• The duration of the commute will be under 30 minutes, and the number of pets per ride is limited for comfort.
• Our service areas include Eastern Suburbs, Sydney Central Business District, and South Sydney / Inner West. For a complete list of covered suburbs, please refer to our Transport Information page.

3. Pick-Up and Drop-Off

• Services are available Monday to Saturday, with pick-up times between 6:45 AM and 9 AM and drop-off times between 2 PM and 5 PM.
• For Dog Adventures, the drop-off time is 9:45 AM – 12 PM (3 hours post pick-up).
• Users will receive a text notification 5 minutes before arrival.
• A fee of $15 is applicable for delays over 7 minutes for both pick-up and drop-off.
• We cannot guarantee specific pick-up/drop-off times. Users are encouraged to leave alternative access keys or arrange for drop-off/pick-up at Dogs in Town.
• Routes are planned a day in advance; therefore, no last-minute bookings are accepted.
• Subject to the terms and conditions herein, in the event that your door system or key fails to function at the time of collection, we will undertake to notify you promptly through both SMS and a telephone call. Should our attempts to reach you be unsuccessful, we will be compelled to depart, given that the welfare and comfort of the dogs under our care is our paramount concern. Please be advised that in such circumstances, a refund will not be provided. This policy is due to the fact that the inability to access your premises falls outside of our control, notwithstanding our efforts to render the contracted service. Our operations hinge on both availability and systematic organization, allowing us the flexibility to cater to the needs of other clients and their dogs.

4. Service Availability

• If your area is not listed, please contact us, and we'll make every effort to accommodate your request within our service zones.
• Please understand that unforeseen circumstances such as traffic may affect our schedules. Our team is committed to providing timely service.

5. Same-Day Local Delivery for Dog Products

• Available only in selected METRO areas on weekdays, excluding public holidays.
• Orders must be placed before 11 AM for same-day delivery. Orders placed after this time will be processed the next working day.

6. Order Processing and Delivery

• Ensure your delivery details are accurate to avoid any delays or issues.
• We reserve the right to modify delivery schedules or routes as necessary.

7. Liability and Indemnity

• We shall not be liable for any direct, indirect, incidental, special, or consequential damages resulting from the use or inability to use our services.
• Users agree to indemnify and hold us harmless from any claim or demand made by any third party due to or arising out of your use of our services.

8. Changes to Terms and Conditions

• We reserve the right to modify these terms and conditions at any time. Changes will be posted on our website and will be effective immediately upon posting.

By using our Dog Transportation Services or Same-Day Local Delivery for Dog Products, you acknowledge that you have read, understood, and agree to be bound by these terms and conditions. 

*These terms and conditions are subject to change. Please visit our website regularly for the most up-to-date information.

Membership Terms

1. Membership – Terms & Conditions

By signing up to a Membership (a “membership”), you agree to the following Terms and Conditions.

2. Payment Schedule
You will be charged your first Weekly Membership Fee with Initial Set Up Fee on the day you purchase a membership. This entitles you to all of the perks of the membership from the date of purchase. Membership renew at the same time on the same day each week reset the amount of appointments that can be redeemed.

Depending on the bank and when the renewal happens, the charge may appear a day or two after the renewal date that displays on their order confirmation.

Please note that as a gesture of goodwill for the Christmas holidays, the dog's membership includes the right to a 2-week freeze each year.

3. Payment Amounts
When you purchase a membership we will inform you of the Weekly Membership Fee and any discounts to which you are entitled.

We reserve the right to change these prices at any time and at our complete discretion by providing you with at least fourteen days’ written notice sent to the preferred email address provided by you.

4. Debit or Credit Card Authorisation
You request and authorise us to arrange, through our own financial institution, a charge to your debit or credit card of any amount we have deemed payable by you. This debit or charge will be made through via the Stripe payment processing platform from the credit or debit card nominated by you.
You agree that by purchasing a membership, you have understood and agreed to the terms and conditions governing the debit arrangements between you and Dogs in Town as set out in this Request.

5. Cancelling your membership
You may cancel your membership at any time via email or by cancelling your membership within the Acuity online portal. 

6. Your obligations
It is your responsibility to ensure that there are sufficient clear funds available in your nominated credit or debit account to allow a payment to be made in accordance with this agreement.
If there are insufficient clear funds in your account to meet a debit payment:
– you may be charged a fee and/or interest by your financial institution;
– we may charge you reasonable costs incurred by us on account of there being insufficient funds; and
– you must arrange for the payment to be made by another method or arrange for sufficient clear funds to be in your account by an agreed time so that we can process the debit payment.
You should check your account statement to verify that the amounts debited from your account are correct.

7. Dispute
If you believe that there has been an error in debiting your account, you should notify us directly as soon as possible by emailing your primary centre. In addition to this we suggest you speak to staff at your primary centre as soon as possible so that we can resolve your query more quickly.
If we conclude as a result of our investigations that your account has been incorrectly debited we will respond to your query by arranging a refund to your account (including interest and charges) accordingly via the Stripe payments platform. We will also notify you in writing of the amount by which your account has been adjusted.
If we conclude as a result of our investigations that your account has not been incorrectly debited we will respond to your query by providing you with reasons and any evidence for this finding in writing.

Entire Agreement

This agreement, the consent agreement and the terms and conditions of use of this web site contains the entire agreement between the parties and all previous negations, understandings, representations, warranties, commitments are superseded by this agreement and are of no effect.

Severability

If any of this agreement is found to be void or voidable then that part of the agreement may not be enforced but the remainder of the agreement will remain in place.

Here's a revised version of your disclaimer, designed to be stronger and more legally binding, in accordance with New South Wales (NSW) law:

Disclaimer

1. Liability Waiver for Service Provision: As a client of Dogs Group, you acknowledge and agree that while Dogs Group will employ all reasonable and appropriate measures to ensure the safety, protection, and well-being of your animal during the provision of services, you hereby release, waive, discharge, and covenant not to sue Dogs Group, its officers, agents, or employees (hereinafter referred to as "Releasees") from any and all liability, claims, demands, actions, and causes of action whatsoever arising out of or related to any loss, damage, or injury, including death, that may be sustained by your animal, or any property belonging to you, while participating in any service provided by Dogs Group, including transportation to and from such service.

2. Indemnification: You further agree to indemnify and hold harmless the Releasees from any loss, liability, damage, or costs, including court costs and attorney's fees, that they may incur due to your animal's participation in any Dogs Group service, whether caused by the negligence of the Releasees or otherwise. It is your express intent that this indemnification clause shall be construed as broadly as permitted by the laws of New South Wales.

3. Acknowledgement of Risk: You are fully aware that there are inherent risks involved with animal care services, including but not limited to the potential for serious bodily injury, sickness, disease, trauma, or death to your animal. You further acknowledge and fully understand that there may be other risks and social and economic losses either not known to you or not readily foreseeable at this time, and you fully accept and assume all such risks and all responsibility for losses, costs, and damages you and/or your animal may incur as a result of your animal's participation in any Dogs Group service.

4. Financial Responsibility for Damages: In the event that your animal causes any damage, injury, or incurs any other form of liability while in the custody of Dogs Group, you expressly agree to assume full responsibility and reimburse Dogs Group for all such damages, injuries, and liabilities. You acknowledge that this financial responsibility is a material part of the agreement between you and Dogs Group.

5. Severability: If any clause or provision of this disclaimer is determined to be illegal or unenforceable under the laws of New South Wales, such clause or provision will be deemed severable from this disclaimer and will not affect the legality, enforceability, or validity of the remaining clauses and provisions.

This disclaimer shall be construed in accordance with the laws of the State of New South Wales.

By engaging the services of Dogs Group, you acknowledge that you have read this disclaimer, understand its terms, and are aware that you are giving up substantial rights, including your right to sue. You acknowledge that you are accepting these terms freely and voluntarily, and intend your acceptance to be a complete and unconditional release of all liability to the greatest extent allowed by law in New South Wales.

Terms and Conditions

TERMS OF USE

PLEASE READ THESE TERMS CAREFULLY BEFORE USING THIS SITE

The DOGS GROUP PTY LIMITED Web site (the “Site”), including but not limited to www.dogsintown.com.auand www.fitnessdogs.com.au, provides an online resource for domestic and professional pet care. These terms may be changed from time to time and without further notice. Your continued use of the Site after any such changes constitutes your acceptance of the new terms. If you do not agree to abide by these or any future terms, please do not use the Site or download materials from it. The DOGS GROUP may terminate, change, suspend or discontinue any aspect of the Site, including the availability of any features, at any time. The DOGS GROUP may remove, modify or otherwise change any content, including that of third parties, on or from this Site. The DOGS GROUP may impose limits on certain features and services or restrict your access to parts or all of the Site without notice or liability. The DOGS GROUP may terminate your use of the Site at any time in its sole discretion. These terms apply exclusively to your access to and use of the Site and do not alter the terms or conditions of any other agreement you may have with The DOGS GROUP or affiliates.

1. Proprietary Rights.

Copyrights. All content on this Site, including but not limited to design, text, software, technical drawings, configurations, graphics, other files, and their selection and arrangement (“Content”), are either Copyright, or are the proprietary property of DOGS GROUP’s affiliates or licensors. All rights reserved. The Content may not be modified, copied, distributed, framed, reproduced, republished, downloaded, displayed, posted, transmitted, or sold in any form or by any means, in whole or in part, without DOGS GROUP’s prior written permission, except that you may download and print content for uses that are not competitive with or for use in clinical evaluations or in comparison of devices or derogatory to DOGS GROUP, provided that you keep all copyright or other proprietary notices intact. Please note that this limited consent may be revoked at any time and does not include consent to republish Content on any Internet, Intranet or Extranet site or to incorporate the information in any other database or compilation. Any other use of the Content is strictly prohibited. You further agree that you will not systematically extract, collect or harvest, through electronic means or otherwise, any data or data fields from this Site, including but not limited to customer identities. If you believe that your copyrighted material has been improperly used on this Site, please contact our offices immediately.

Trademarks. All trademarks on the Site are either trademarks or registered trademarks of DOGS GROUP or its affiliates or licensors and may not be copied, imitated, or used, in whole or in part, without the prior written permission of DOGS GROUP. All page headers, custom graphics, button icons, and scripts are service marks, trademarks and/or trade dress of DOGS GROUP or its affiliates, and may not be copied, imitated, or used, in whole or in part, without the prior written permission of DOGS GROUP. Other trademarks, registered trademarks, product names, and company names or logos displayed on the Site are the property of their respective owners.

Software. Any software, including any files, images generated by the software, code, and data accompanying the software (collectively, “Software”), used or accessible through this Site may be used by you solely for accessing and using this Site for purposes expressly stated on the Site, provided that such uses are not competitive with or derogatory to The DOGS GROUP. DOGS GROUP retains full and complete title to and all intellectual property rights in the Software. You agree not to copy, distribute, sell, modify, decompile, reverse engineer, disassemble or create derivative works from any Software.

2. User Conduct – General.

In using this Site, you agree:

(a) not to disrupt or interfere with the security of, or otherwise abuse, the Site, or any services, system resources, accounts, servers or networks connected to or accessible through the Site or affiliated or linked Web sites;

(b) not to disrupt or interfere with any other user’s enjoyment of the Site or affiliated or linked Web sites;

(c) not to upload, post, or otherwise transmit through or on this Site any viruses or other harmful, disruptive or destructive files;

(d) not to use or attempt to use another’s account, service or system without authorization from DOGS GROUP, or create or use a false identity on this Site;

(e) not to transmit through or on this Site spam, chain letters, junk mail or any other type of unsolicited mass email to people or entities who have not agreed to be part of such mailings;

(f) not to divulge your username and password to others either on or off the Site;

(g) not to attempt to obtain unauthorized access to the Site or portions of the Site which are restricted from general access; and,

(h) not use this Site to seek, provide or obtain specific medical advice, medical opinion, diagnosis or treatment as applied to a patients particular condition or situation. In addition, you agree that you are solely responsible for actions and communications undertaken or transmitted under your account, and that you will comply with all applicable local, state, national and international laws and regulations, including but not limited to Australia and the United States export restrictions, that relate to your use of or activities on this Site. This Site is controlled and operated in the United States and Australia. If you are in a jurisdiction which restricts you from accessing this Site, do not access or use this Site. DOGS GROUP makes no representation that the Site is appropriate or available for use outside AUSTRALIA.

3. User Conduct – Online Communities and Other Interactive Areas.

The Site contains areas where you may post and share comments with other Site users on a variety of subjects. You agree that you will not post or otherwise disseminate on or through the Site unlawful, harassing, libellous, tortious, abusive, offensive, threatening, or obscene communications or material of any kind, or materials which infringe or violate any third party’s copyright, trademark, trade secret, privacy or other proprietary or property right, or that could constitute a criminal offense, give rise to civil liability or otherwise violate any applicable law or regulation; or, that are otherwise objectionable, including without limitation, content that evidences bigotry, racism, sexism, or hatred, or that promotes illegal activities, including without limitation unauthorized uses of medical devices, or physical harm against anyone. DOGS GROUP reserves the right but not the obligation to remove any materials it deems objectionable, in its sole discretion and without any reference to you. You agree to hold harmless DOGS GROUP and its affiliates and parties with whom DOGS GROUP has contracted for purposes of hosting or maintaining this Site from all claims based upon communications made or materials posted by others or the use by third parties of this Site.

You expressly agree that you will not discuss or refer to any particular pet, any particular pets medical condition or any other information which could identify a particular pet. You further expressly agree that you will not discuss, endorse or refer to “any non-endorsed treatments, procedures or activities.”

4. Online Communications On and Through the Site.

Except as otherwise provided in section 5 below, you agree that any communications you transmit to anyone through the Site or copyrighted works you post on the Site, including, without limitation, questions, comments, suggestions, ideas, plans, notes, drawings, configurations, specifications, purchase orders, quotes or requests for quotes, performance data, account information, or other material, data or information (collectively, “Information”), are non-confidential and upon transmission of such Information to DOGS GROUP via email or other means you grant to DOGS GROUP an irrevocable, non-exclusive, royalty-free, sublicensable, worldwide license (including but not limited to a copyright license) to use such Information in any media for any purpose.

5. Privacy Policy.

You acknowledge and agree that the DOGS GROUP may use the data collected in the course of our relationship for the purposes identified in our Privacy Policy, which is incorporated by reference as if fully set forth in these Terms of Use.

6. DOGS GROUP Content, Product and Service Information – Limitations.

All content available through the Site, including but not limited to data, technical drawings, configurations, quotes and order information, and catalog listings is believed to be accurate. However, you should independently evaluate the accuracy of the information and the usefulness for your particular needs of any content, product or service available through the Site. Specifications for products and services are subject to change without notice, and DOGS GROUP reserves the right to make changes without notice to processing, materials, or configuration. DOGS GROUP does not guarantee that products or services listed in its online catalog will be available at the time of your order. All information on the Site is subject to the disclaimers of section 8 below.

7. Links and Third Party Content. Links to Other Web Sites.

This Site may from time to time contain links to other Web sites. These links are provided as a convenience and do not constitute an endorsement, sponsorship or recommendation by DOGS GROUP of — or responsibility for — the linked Web sites or any content, services or products available on or through such sites.

Links from Other Web Sites

All links to this Site must be approved in writing by DOGS GROUP, except that DOGS GROUP consents to links in which:

(1) the link is a text-only link containing only the title of the home page of this Site,

(2) the link “points” only to the home page of the Site and not to deeper pages,

(3) the link, when activated by a user, displays this home page of the Site full-screen and not within a “frame” on the linked Web site, and

(4) the appearance, position, and other aspects of the link does not

• create the false appearance that an entity or its activities or products are associated with or sponsored by DOGS GROUP or its affiliates, or
• be such as to damage or dilute the goodwill associated with the name and trademarks of DOGS GROUP or its affiliates. DOGS GROUP reserves the right to revoke this consent to link at any time in its sole discretion.

Third Party Content.

This Site may from time to time contain material, data or information provided, posted or offered by third parties, including but not limited to advertisements or postings in online community discussions. You agree that neither DOGS GROUP nor its affiliates shall have any liability whatsoever to you for any such third party material, data or information.

8. Disclaimers. THIS SITE AND THE CONTENT AVAILABLE THROUGH IT ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. YOU EXPRESSLY AGREE THAT USE OF THIS SITE AND/OR ITS CONTENT IS AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, DOGS GROUP AND ITS AFFILIATES DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. YOU EXPRESSLY AGREE THAT USE OF THIS SITE, INCLUDING ALL CONTENT, DATA OR SOFTWARE DISTRIBUTED BY, DOWNLOADED OR ACCESSED FROM OR THROUGH THE SITE, IS AT YOUR SOLE RISK. YOU UNDERSTAND AND AGREE THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR BUSINESS, YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF SUCH CONTENT, DATA AND/OR SOFTWARE.

YOU ACKNOWLEDGE THAT DOGS GROUP DOES NOT CONTROL INFORMATION, PRODUCTS OR SERVICES OFFERED BY THIRD PARTIES THROUGH THE SITE. EXCEPT AS OTHERWISE AGREED IN WRITING, DOGS GROUP AND ITS AFFILIATES ASSUME NO RESPONSIBILITY FOR AND MAKE NO WARRANTY OR REPRESENTATION AS TO THE ACCURACY, CURRENCY, COMPLETENESS, RELIABILITY OR USEFULNESS OF ANY ADVICE, OPINION, STATEMENT OR OTHER CONTENT OR OF ANY PRODUCTS OR SERVICES DISTRIBUTED OR MADE AVAILABLE BY THIRD PARTIES THROUGH THE SITE. DOGS GROUP DOES NOT MAKE ANY WARRANTY THAT THIS SITE OR ITS CONTENT WILL MEET YOUR REQUIREMENTS, OR THAT THIS SITE OR ITS CONTENT WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR FREE, OR THAT DEFECTS, IF ANY, WILL BE CORRECTED. NOR DOES DOGS GROUP MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM USE OF THIS SITE OR ITS CONTENT OR AS TO THE ACCURACY, COMPLETENESS OR RELIABILITY OF ANY INFORMATION OBTAINED THROUGH USE OF THIS SITE.

DOGS GROUP ASSUMES NO RESPONSIBILITY FOR ANY DAMAGES SUFFERED BY A USER, INCLUDING, BUT NOT LIMITED TO, LOSS OF DATA FROM DELAYS, NONDELIVERIES OF CONTENT OR EMAIL, ERRORS, SYSTEM DOWN TIME, MISDELIVERIES OF CONTENT OR EMAIL, NETWORK OR SYSTEM OUTAGES, FILE CORRUPTION, OR SERVICE INTERRUPTIONS CAUSED BY THE NEGLIGENCE OF DOGS GROUP, ITS AFFILIATES, ITS LICENSORS, OR A USER’S OWN ERRORS AND/OR OMISSIONS EXCEPT AS SPECIFICALLY PROVIDED HEREIN, DOGS GROUP DISCLAIMS ANY WARRANTY OR REPRESENTATION THAT CONFIDENTIALITY OF INFORMATION TRANSMITTED THROUGH THE SITE WILL BE MAINTAINED.

NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM DOGS GROUP OR THROUGH THE SITE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN WRITING. SOME STATES DO NOT ALLOW THE LIMITATION OR EXCLUSION OF CERTAIN WARRANTIES OR CONDITIONS, SO SOME OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.

9. Limitation of Liability.

UNDER NO CIRCUMSTANCES, INCLUDING, WITHOUT LIMITATION, NEGLIGENCE, SHALL DOGS GROUP OR ITS PARENTS, SUBSIDIARIES, AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, OR SUPPLIERS BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES ARISING FROM OR IN CONNECTION WITH THE USE OF OR THE INABILITY TO USE THIS SITE OR ANY CONTENT CONTAINED ON THE SITE, OR RESULTING FROM UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA, OR OTHER INFORMATION THAT IS SENT OR RECEIVED OR NOT SENT OR RECEIVED, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, USE, DATA OR OTHER INTANGIBLES, EVEN IF GE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

THE PARTIES ACKNOWLEDGE THAT THIS IS A REASONABLE ALLOCATION OF RISK. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO SOME OF THE ABOVE MAY NOT APPLY TO YOU. 

10. General Applicable Law.

These Terms of Use shall be governed by and construed in accordance with the laws of the State of NSW, and the federal laws of the United States of America, without giving effect to its conflict of laws provisions. You agree to submit to the personal and exclusive jurisdiction of the state or federal courts located within the State of NSW. Other. These terms constitute the entire agreement between you and DOGS GROUP governing your use of the Site. Should any provision in these terms be found invalid or unenforceable for any reason, then that provision shall be deemed severable from the terms and shall not affect the validity or enforceability of the remaining provisions. You agree that any claim arising out of or related to the terms or your use of the Site must be filed within one year after it arose or be permanently barred.

 

Please note The Dog's Group PTY Ltd follows NSW Animal Welfare Code of Practice