Website terms & conditions
Website Terms and Conditions of UseWebsite Terms and Conditions of Use. About the Website 1.1.Welcome to www.therelaxeddog.com (the 'Website'). The Website provides information and advice for dog owners to improve the integration of a dog into their household using Canicross, Canihiking, and Canine Massage as a foundation. The Relaxed Dog also includes "specialty hikes" like singles, men's, women, family, etc (the 'Services').1.2..The Website is operated by Robert Ober trading as 'The Relaxed Dog'(ABN 13752 329 002). Access to and use of the Website, or any of its associated products or Services, is provided by Robert Ober trading as 'The Relaxed Dog'.Please read these terms and conditions (the 'Terms') carefully. By using, browsing and/or reading the Website, this signifies that you have read, understood, and agree to be bound by the Terms. If you do not agree with the terms, you must cease usage of the Website, or any of Services, immediately 1.3..Robert Ober trading as 'The Relaxed Dog' reserves the right to review and change any of the Terms by updating this page at its sole discretion. When Robert Ober trading as 'The Relaxed Dog' updates the Terms, it will use reasonable endeavours to provide you with notice of updates to the Terms. Any changes to the Terms take immediate effect from the date of their publication. Before you continue, we recommend you keep a copy of the Terms for your records 2. Acceptance of the TermsAcceptance of the TermsYou accept the Terms by remaining on the Website. You may also accept the Terms by clicking to accept or agree to the Terms where this option is made available to you by Robert Ober trading as 'The Relaxed Dog' in the user interface.3.Registration to use the ServicesRegistration to use the Services 3.1. In order to access some Services, you must first register via this registration form (the 'Account').3.2.As part of the registration process, or as part of your continued use of the services, you may be required to provide personal information about yourself(such as identification or contact details), including (a)Email address(b)Preferred username(c)Telephone number(d)Dogs name.3.3.You warrant that any information you give to Robert Ober trading as 'TheRelaxed Dog' in the course of completing the registration process will always be accurate, correct, and up to date.3.4.Once you have completed the registration process, you will be a registered client and agree to be bound by the Terms.
3.5.You may not use the Services and may not accept the Terms if:(a)you are not of legal age to form a binding contract with Robert Obertrading as 'The Relaxed Dog'; or(b)you are a person barred from receiving the Services under the laws of Australia or other countries including the country in which you are resident or from which you use the Services.5.PaymentPayment5.1.Where the option is given to you, you may make payment for the Services (the 'Services Fee') by way of:(a)Cash ('Cash')(b)Credit Card 5.2.All payments made in the course of your use of the Services are made using Square. In using the Website, the Services or when making any payment in relation to your use of the Services, you warrant that you have read, understood and agree to be bound by the Square terms and conditions which are available on their website.5.3.You acknowledge and agree that where a request for the payment of the services Fee is returned or denied, for whatever reason, by your financial institution or is unpaid by you for any other reason, then you are liable for any costs, including banking fees and charges, associated with the Services Fee.5.4.You agree and acknowledge that Robert Ober trading as 'The Relaxed Dog'can vary the Services Fee at any time.6.Refund Policy Robert Ober trading as 'The Relaxed Dog' will only provide you with a refund of the Services Fee in the event they are unable to continue to provide the Services or if the manager of Robert Ober trading as 'The Relaxed Dog' makes a decision, at its absolute discretion, that it is reasonable to do so under the circumstances (the 'Refund').7.Copyright and Intellectual PropertyCopyright and Intellectual Property7.1.The Website, the Services, and all of the related products of Robert Ober trading as 'The Relaxed Dog' are subject to copyright. The material on the website is protected by copyright under the laws of Australia and through international treaties. Unless otherwise indicated, all rights (including copyright)in the Services and compilation of the Website (including but not limited to text, graphics, logos, button icons, video images, audio clips, Website, code, scripts, design elements, and interactive features) or the Services are owned or controlled for these purposes, and are reserved by Robert Ober trading as'The Relaxed Dog' or its contributors.7.2.All trademarks, service marks, and trade names are owned, registered and/or licensed by Robert Ober trading as 'The Relaxed Dog', who grants to you a worldwide, non-exclusive, royalty-free, revocable license whilst you are a client to: Robert Ober trading as 'The Relaxed Dog' does not grant you any other rights whatsoever in relation to the Website or the Services. All other rights are expressly reserved by Robert Ober trading as 'The Relaxed Dog'.(a)use the Website pursuant to the Terms;(b)copy and store the Website and the material contained in the Website in your device's cache memory; and(c)print pages from the Website for your own personal and non-commercial use.7.3.Robert Ober trading as 'The Relaxed Dog' retains all rights, title, and interest in and to the Website and all related Services. Nothing you do on or in relation to the Website will transfer any: to you. (a)business name, trading name, domain name, trademark, industrial design, patent, registered design or copyright, or(b)a right to use or exploit a business name, trading name, domain name, trademark or industrial design, or(c)a thing, system or process that is the subject of a patent, registered design or copyright (or an adaptation or modification of such a thing, system or process),7.4.You may not, without the prior written permission of Robert Ober trading as 'The Relaxed Dog' and the permission of any other relevant rights owners: broadcast, republish, up-load to a third party, transmit, post, distribute, show or play in public, adapt or change in any way the Services or third party Services for any purpose, unless otherwise provided by these Terms. This prohibition does not extend to materials on the Website, which are freely available for re-use or are in the public domain.88..PrivacyPrivacy8.1.Robert Ober trading as 'The Relaxed Dog' takes your privacy seriously and any information provided through your use of the Website and/or Services is subject to Robert Ober trading as 'The Relaxed Dog''s Privacy Policy, which is available on the Website.9.General DisclaimerGeneral Disclaimer9.1.Nothing in the Terms limits or excludes any guarantees, warranties, representations or conditions implied or imposed by law, including the Australian Consumer Law (or any liability under them) which by law may not be limited or excluded.9.2.Subject to this clause, and to the extent permitted by law:(a)all terms, guarantees, warranties, representations, or conditions which are not expressly stated in the Terms are excluded; and(b)Robert Ober trading as 'The Relaxed Dog' will not be liable for any special, indirect or consequential loss or damage (unless such loss or damage is reasonably foreseeable resulting from our failure to meet an applicableConsumer Guarantee), loss of profit or opportunity, or damage to goodwill arising out of or in connection with the Services or these Terms (including as a result of not being able to use the Services or the late supply of theServices), whether at common law, under contract, tort (including negligence), in equity, pursuant to statute or otherwise.9.3.Use of the Website and the Services is at your own risk. Everything on the website and the Services are provided to you "as is" and "as available" without warranty or condition of any kind. None of the affiliates, directors, officers, employees, agents, contributors, and licensors of Robert Ober trading as 'TheRelaxed Dog' make any express or implied representation or warranty about the Services or any products or Services (including the products or Services of Robert Ober trading as 'The Relaxed Dog') referred to on the Website. includes(but is not restricted to) loss or damage you might suffer as a result of any of the following:(a)failure of performance, error, omission, interruption, deletion, defect, failure to correct defects, delay in operation, or transmission, computer virus or another harmful component, loss of data, communication line failure, unlawful third party conduct, or theft, destruction, alteration or unauthorised access to records;(b)the accuracy, suitability or currency of any information on the Website, theServices, or any of its Services related products (including third party material and advertisements on the Website);(c)costs incurred as a result of you using the Website, the Services or any of the products of Robert Ober trading as 'The Relaxed Dog'; and(d)the Services or operation in respect to links which are provided for your convenience.10.Limitation of liabilityLimitation of liability10.1.Robert Ober trading as 'The Relaxed Dog''s total liability arising out of or in connection with the Services or these Terms, however arising, including under contract, tort (including negligence), in equity, under statute or otherwise, will not exceed the resupply of the Services to you.10.2.You expressly understand and agree that Robert Ober trading as 'The RelaxedDog', its affiliates, employees, agents, contributors, and licensors shall not be liable to you for any direct, indirect, incidental, special consequential or exemplary damages which may be incurred by you, however, caused andunder any theory of liability. This shall include but is not limited to, any loss of profit (whether incurred directly or indirectly), any loss of goodwill or business reputation, and any other intangible loss.11.Termination of ContractTermination of Contract11.1.The Terms will continue to apply until terminated by either you or by RobertOber trading as 'The Relaxed Dog' as set out below.11.2.If you want to terminate the Terms, you may do so by Your notice should be sent, in writing, to Robert Ober trading as 'The RelaxedDog' via the 'Contact Us' link on our homepage.(a)providing Robert Ober trading as 'The Relaxed Dog' with 14 days' notice of your intention to terminate; and(b)closing your accounts for all of the services which you use, where RobertOber trading as 'The Relaxed Dog' has made this option available to you.11.3.Robert Ober trading as 'The Relaxed Dog' may at any time, terminate the theTerms with you if:(a)you have breached any provision of the Terms or intend to breach any provision;(b)Robert Ober trading as 'The Relaxed Dog' is required to do so by law;(c)the provision of the Services to you by Robert Ober trading as 'TheRelaxed Dog' is, in the opinion of Robert Ober trading as 'The RelaxedDog', no longer commercially viable.11.4.Subject to local applicable laws, Robert Ober trading as 'The Relaxed Dog'reserves the right to discontinue or cancel your membership at any time and may suspend or deny, in its sole discretion, your access to all or any portion of the Website or the Services without notice if you breach any provision of the terms or any applicable law or if your conduct impacts Robert Ober trading as'The Relaxed Dog''s name or reputation or violates the rights of those of another party.12.IndemnityIndemnity12.1.You agree to indemnify Robert Ober trading as 'The Relaxed Dog', its affiliates, employees, agents, contributors, third-party content providers, and licensors from and against:(a)all actions, suits, claims, demands, liabilities, costs, expenses, loss and damage (including legal fees on a full indemnity basis) incurred, suffered or arising out of or in connection with Your Content;(b)any direct or indirect consequences of you accessing, using or transacting on the Website or attempts to do so; and/or(c)any breach of the Terms.13.Dispute Resolution13.1. Compulsory:If a dispute arises out of or relates to the Terms, either party may not commence any tribunal or Court proceedings in relation to the dispute, unless the following clauses have been complied with (except where urgent interlocutory relief is sought).13.2. Notice: A party to the Terms claiming a dispute ('DisputeDispute') has arisen under the Terms, must give written notice to the other party detailing the nature of the dispute, the desired outcome and the action required to settle the Dispute.13.3. Resolution: On receipt of that notice ('NoticeNotice') by that other party, the parties to the Terms('PartiesParties') must:(a)Within 14 days of the Notice endeavor in good faith to resolve the Dispute expeditiously by negotiation or such other means upon which they may mutually agree;(b)If for any reason whatsoever, 14 days after the date of the Notice, the Dispute hasnot been resolved, the Parties must either agree upon selection of a mediator or request that an appropriate mediator be appointed by the President of the13.4. Confidential: All communications concerning negotiations made by the Parties arising out of and in connection with this dispute resolution clause are confidential and to the extent possible, must be treated as "without prejudice" negotiations for the purpose of applicable laws of evidence 13.5. Termination of Mediation: If 8 weeks have elapsed after the start of a mediation of the Dispute and the Dispute has not been resolved, either Party may ask the mediator to terminate the mediation and the mediator must do so.Australian Mediation Association or his or her nominee;(c)The Parties are equally liable for the fees and reasonable expenses of a mediator and the cost of the venue of the mediation and without limiting the foregoing undertake to pay any amounts requested by the mediator as a pre-condition to the mediation commencing. The Parties must each pay their own costs associated with the mediation;(d)The mediation will be held in Gosford, NSW, Australia.14.Venue and JurisdictionThe Services offered by Robert Ober trading as 'The Relaxed Dog' is intended to be viewed by residents of Australia. In the event of any dispute arising out of or in relation to the Website, you agree that the exclusive venue for resolving any dispute shall be in the courts of New South Wales, Australia.15.Governing LawThe Terms are governed by the laws of New South Wales, Australia. Any dispute, controversy, proceeding, or claim of whatever nature arising out of or in any way relating to the Terms and the rights created hereby shall be governed, interpreted, and construed by, under, and pursuant to the laws of New South Wales, Australia, without reference to conflict of law principles, notwithstanding mandatory rules. The validity of this governing law clause is not contested. The Terms shall be binding to the benefit of the parties hereto and their successors and assigns.16.Independent Legal AdviceBoth parties confirm and declare that the provisions of the Terms are fair and reasonable and both parties having taken the opportunity to obtain independent legal advice and declare the Terms are not against public policy on the grounds of inequality or bargaining power or general grounds of restraint of trade.17.SeveranceSeveranceIf any part of these Terms is found to be void or unenforceable by a Court of competent jurisdiction, that part shall be severed and the rest of the Terms shall remain in force.
The Relaxed Dog – PRIVACY POLICY
This Privacy Policy sets out our commitment to protecting the privacy of personal information provided to us, or otherwise collected by us, offline or online, including through our www.therelaxeddog.com (Site). In this Privacy Policy we, us or our means The Relaxed Dog ABN 13 752 329 002.
Personal information
The types of personal information we may collect about you include:
your name;
your dog's name;
images of you and/or your dog;
your contact details, including email address, mailing address, street address, and/or telephone number;
your demographic information, such as postcode;
your preferences and/or opinions;
information you provide to us through customer surveys;
details of products and services we have provided to you and/or that you have enquired about, and our response to you;
your browser session and geo-location data, device and network information, statistics on page views and sessions, acquisition sources, search queries, and/or browsing behavior;
information about your access and use of our Site, including through the use of Internet cookies, your communications with our Site, the type of browser you are using, the type of operating system you are using and the domain name of your Internet service provider;
additional personal information that you provide to us, directly or indirectly, through your use of our Site, associated applications, associated social media platforms and/or accounts from which you permit us to collect information; and
any other personal information requested by us and/or provided by you or a third party.
We may collect these types of personal information directly from you or from third parties.
Collection and use of personal information
We may collect, hold, use and disclose personal information for the following purposes: to enable you to access and use our Site, associated applications and associated social media platforms; to contact and communicate with you; for internal record keeping and administrative purposes; for analytics, market research and business development, including to operate and improve our Site, associated applications and associated social media platforms; to run competitions and/or offer additional benefits to you; for advertising and marketing, including to send you promotional information about our products and services and information about third parties that we consider may be of interest to you; to comply with our legal obligations and resolve any disputes that we may have.
Disclosure of personal information to third parties
We may disclose personal information to:
third party service providers for the purpose of enabling them to provide their services, including (without limitation) IT service providers, data storage, web-hosting and server providers, debt collectors, maintenance or problem-solving providers, marketing or advertising providers, professional advisors and payment systems operators; our employees, contractors and/or related entities;
our existing or potential agents or business partners; sponsors or promoters of any competition we run; anyone to whom our business or assets (or any part of them) are, or may (in good faith) be, transferred; credit reporting agencies, courts, tribunals and regulatory authorities, in the event you fail to pay for goods or services we have provided to you; courts, tribunals, regulatory authorities and law enforcement officers, as required by law, in connection with any actual or prospective legal proceedings, or in order to establish, exercise or defend our legal rights; third parties, including agents or sub-contractors, who assist us in providing information, products, services or direct marketing to you. This may include parties located, or that store data, outside of Australia; and
third parties to collect and process data, such as Google Analytics or other relevant businesses. This may include parties that store data outside of Australia.
By providing us with personal information, you consent to the disclosure of your personal information to third parties who reside outside Australia and acknowledge that we are not required to ensure that those third parties comply with Australian privacy laws.
How we treat personal information that is also sensitive information
Sensitive information is a subset of personal information that is given a higher level of protection under the Australian Privacy Principles. Sensitive information means information relating to your racial or ethnic origin, political opinions, religion, trade union or other professional associations or memberships, philosophical beliefs, sexual orientation or practices, criminal records, health information or biometric information. The Relaxed Dog will not ask you to provide anything of this nature.
Your rights and controlling your personal information
Choice and consent: Please read this Privacy Policy carefully. By providing personal information to us, you consent to us collecting, holding, using and disclosing your personal information in accordance with this Privacy Policy. You do not have to provide personal information to us, however, if you do not, it may affect your use of this Site or the products and/or services offered on or through it.
Information from third parties: If we receive personal information about you from a third party, we will protect it as set out in this Privacy Policy. If you are a third party providing personal information about somebody else, you represent and warrant that you have such person’s consent to provide the personal information to us.
Restrict: You may choose to restrict the collection or use of your personal information. If you have previously agreed to us using your personal information for direct marketing purposes, you may change your mind at any time by contacting us using the details below.
Access: You may request details of the personal information that we hold about you. An administrative fee may be payable for the provision of such information. In certain circumstances, as set out in the Privacy Act 1988 (Cth), we may refuse to provide you with personal information that we hold about you.
Correction: If you believe that any information we hold about you is inaccurate, out of date, incomplete, irrelevant or misleading, please contact us using the details below. We will take reasonable steps to correct any information found to be inaccurate, incomplete, misleading or out of date.
Complaints: If you believe that we have breached the Australian Privacy Principles and wish to make a complaint, please contact us using the details below and provide us with full details of the alleged breach. We will promptly investigate your complaint and respond to you, in writing, setting out the outcome of our investigation and the steps we will take to deal with your complaint.
Unsubscribe: To unsubscribe from our e-mail database or opt-out of communications (including marketing communications), please contact us using the details below or opt-out using the opt-out facilities provided in the communication.
Storage and security
We are committed to ensuring that the personal information we collect is secure. In order to prevent unauthorised access or disclosure, we have put in place suitable physical, electronic and managerial procedures to safeguard and secure the personal information and protect it from misuse, interference, loss and unauthorised access, modification and disclosure.
We cannot guarantee the security of any information that is transmitted to or by us over the Internet. The transmission and exchange of information is carried out at your own risk. Although we take measures to safeguard against unauthorised disclosures of information, we cannot assure you that the personal information we collect will not be disclosed in a manner that is inconsistent with this Privacy Policy.
Cookies and web beacons
We may use cookies on our Site from time to time. Cookies are text files placed in your computer's browser to store your preferences. Cookies, by themselves, do not tell us your email address or other personally identifiable information. However, they do allow third parties, such as Google and Facebook, to cause our advertisements to appear on your social media and online media feeds as part of our retargeting campaigns. If and when you choose to provide our Site with personal information, this information may be linked to the data stored in the cookie.
We may use web beacons on our Site from time to time. Web beacons (also known as Clear GIFs) are small pieces of code placed on a web page to monitor the visitor’s behavior and collect data about the visitor’s viewing of a web page. For example, web beacons can be used to count the users who visit a web page or to deliver a cookie to the browser of a visitor viewing that page.
Links to other websites
Our Site may contain links to other websites. We do not have any control over those websites and we are not responsible for the protection and privacy of any personal information which you provide whilst visiting those websites. Those websites are not governed by this Privacy Policy.
Amendments
We may, at any time and at our discretion, vary this Privacy Policy by publishing the amended Privacy Policy on our Site. We recommend you check our Site regularly to ensure you are aware of our current Privacy Policy.
For any questions or notices, please contact our Privacy Officer at:
The Relaxed Dog ABN 13 752 329 002
Email: therelaxeddog@outlook.com
Last update: 27/8/19
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