Terms & Conditions of Use
Last updated: 24th August 2022
1.2 Canine Balance reserves the right to review and change any of the Terms by updating this page at its sole discretion at any time. Any changes to the Terms will take effect immediately from the date of their publication. Your access and use of the Website after Canine Balance makes any changes constitute your acceptance of any such changes and you will be bound by those changes. If you do not agree to any changes, you must cease usage of the Website and any of its associated programs or services immediately.
2. Use License
2.1 Any use agreement is limited to between the Client and Canine Balance. The Client may not transfer or assign its subscription or the benefits associated with any Canine Balance program or service to any other person. Any permission which is granted to download materials on Canine Balance’s website, or materials provided by any other means, such as digitally or hard copy, is for personal, non-commercial viewing only. This is the grant of a license, not a transfer of title, and under this license, you may not:
- modify or copy the materials;
- use the materials for any commercial purpose, or any public display (commercial or non-commercial) without the written consent of Canine Balance;
- transfer, proffer, or share the materials with another person, for any reason, without the written consent of Canine Balance;
- or remove any copyright or other proprietary notations from the materials.
This license shall automatically terminate if you violate any of these restrictions and any existing contract may be terminated by Canine Balance at any time. Upon terminating your viewing of these materials or upon the termination of this license, you must destroy any downloaded materials in your possession whether in electronic or printed format.
3.1 You agree to pay, using the credit information you provided us, the charges incurred on your account to access any fee-based services to which you have purchased. You understand and agree not to provide false information about yourself, impersonate another individual or provide misleading or false content.
3.2 Canine Balance uses external third-party links, such as PayPal and Square, to receive payment for programs and services. The Client agrees to absorb all third-party transaction fees, such as for the use of credit cards or non-Australian bank accounts. Canine Balance reserves the right not to commence programs or services for any payments which are outstanding or have not yet cleared. Please refer to our Disclaimer and Links items below regarding the use of such third-party links. For information regarding refunds, refer to our Cancellation policy.
The materials on Canine Balance’s website are provided “as is”. Canine Balance makes no warranties, expressed or implied, and hereby disclaims and negates all other warranties, including without limitation, implied warranties or conditions of merchantability, fitness for a particular purpose, or non-infringement of intellectual property or other violation of rights. Further, Canine Balance does not warrant or make any representations concerning the accuracy, likely results, or reliability of the use of the materials on its website or otherwise relating to such materials or on any sites linked to this site.
In no event shall Canine Balance or its suppliers be liable for any damages (including, without limitation, damages for loss of data or profit, or due to business interruption), arising out of the use or inability to use the materials on the Canine Balance website, even if Canine Balance or an authorized representative has been notified orally or in writing of the possibility of such damage. Because some jurisdictions do not allow limitations on implied warranties, or limitations of liability for consequential or incidental damages, these limitations may not apply to you.
6. Revisions and Errata
The materials appearing on Canine Balance’s website could include technical, typographical, or photographic errors. Canine Balance does not warrant that any of the materials on its website are accurate, complete, or current. Canine Balance may make changes to the materials contained on its website at any time without notice. If you observe any inaccuracies, send details in writing to ‘Canine Balance, 133 Railway Parade, Seaford Vic 3198 Australia’. Canine Balance will endeavour to respond in a timely manner following receipt of written notice of your observation. Canine Balance does not, however, make any commitment to update the materials.
Canine Balance may add links to external websites from time to time. Canine Balance has not reviewed all of the sites linked to its Site and is not responsible for the contents of any such linked Site. The inclusion of any link does not imply endorsement by Canine Balance of the site. Use of any such linked website is at the user’s own risk.
8. Governing Law
Any claim relating to Canine Balance’s website shall be governed by the Law of Australia without regard to its conflict of law provisions.
10.1 Canine Balance programs and services are designed to encourage and support, to make participants feel comfortable to develop their skills and confidence. As such, you are required to act and respond to participants and staff constructively and responsibly. Whilst all participants have the right to express their own opinion, it is expected that participants will respond to or proffer feedback in an encouraging, mature, and non-abusive way. By enrolling in a program or enlisting the services of Canine Balance you have agreed to not use any abusive, illegal, obscene, vulgar, slanderous, hateful, threatening, racist, or sexually-orientated language, comments, or materials, whether in person or depicted in media or text.
10.2 Posting comments on the Canine Balance blog pages is permitted on the understanding that you have agreed to not post any abusive, illegal, obscene, vulgar, slanderous, hateful, threatening, racist, or sexually-orientated comments or materials, whether depicted in media or text. Canine Balance reserves the right to delete or remove your comments or posts deemed inappropriate or for any other reason. Uploading any files/images relating to child exploitation or inappropriate materials outlined above will result in you being permanently banned from accessing the website and your posts will be reported to the relevant authorities.
Any Client found to be harassing another Client or staff member inappropriately ceases their arrangement or agreement with Canine Balance and the program or service will cease immediately. If the offence is deemed serious enough the matter will be referred to the relevant authorities. The Client will forfeit any payment already made to Canine Balance.
Staff members, including site administrators, agree to operate under these Terms. If you feel a staff member acted inappropriately or have any complaints about a staff member, send in details of your complaints in writing to ‘Canine Balance, 133 Railway Parade, Seaford Vic 3198 Australia’. We take complaints seriously and will endeavour to respond in a timely manner following receipt of written notice of your complaint. Note that these matters will be handled with the strictest confidentiality and no feedback on these outcomes will be made available to the complainant unless deemed appropriate.
14.1 Comments posted on our website are governed by these Terms and will be strictly adhered to. By using this Site you agree:
Your submitted content is not illegal, indecent, profane, threatening, or defamatory; and does not consist of or contain software viruses, political campaigning, commercial solicitation, chain letters, mass mailings or any form of “spam.”
Your submitted content does not infringe on the copyright, trademark or other intellectual property rights of any person or entity, contain any confidential or proprietary information of any person or entity, or otherwise violate the legal rights of any person or entity.
14.2 Your submitted content does not contain personally identifiable information about other persons, such as their phone number, identifiable pictures, contact information or email address, or information that could result in an invasion of their privacy or their harassment.
14.3 You grant us a non-exclusive, royalty-free, perpetual, irrevocable and fully assignable and sub-licensable right to use, reproduce, modify, adapt, publish, translate, edit, reformat, create derivative works from, distribute and display content throughout the world for any purpose and in any media (including for advertising or other commercial use).
14.4 You grant us the non-exclusive right to seek to enjoin and/or obtain damages from any third party from the unauthorized use or reproduction of your content. If we publish your content or authorize or license others to do so, your content may be edited for length or clarity or any other reason either before or after it is published. We reserve the right (but not the obligation) to remove any content for any reason from the website.
14.5 You agree that any ideas, suggestions, or improvements that you provide to Canine Balance about program upgrades, products or services shall be owned by Canine Balance and that we are free to include such ideas in future products without compensation to you.
14.6 You agree concerning program user comments, feedback, and submissions and content all comments, feedback, suggestions, ideas, and other information and textual material disclosed, submitted, conveyed or offered to Canine Balance by you on or through the site or otherwise disclosed, submitted or offered in connection with your use of the site (collectively, “comments”) shall be and remain Canine Balance’s property and shall be deemed to be non-confidential. Except as otherwise indicated, Canine Balance is and shall be under no obligation (1) to maintain any comments in confidence; (2) to pay you any compensation for any comments; or (3) to respond to your comments.
15.1 The views, opinions or positions expressed by those providing comments are theirs alone and do not necessarily reflect the views, opinions, or positions of Canine Balance or any employee thereof. Canine Balance makes no representations as to the accuracy, completeness, currentness, suitability, or validity of any information on this site and will not be liable for any errors, omissions, or delays in this information or any losses, injuries, or damages arising from its display or use.
15.2 Canine Balance reserves the right to delete, edit, or alter in any manner it sees fit entries or comments that it, in its sole discretion, deems to be inappropriate, obscene, offensive, defamatory, threatening, or in violation of trademark, copyright or other laws, or is otherwise unacceptable. Additionally, Canine Balance is not required to disclose the evidence it has used in coming to its decision.
15.3 Canine Balance reserves the right to refuse service to anyone.
15.4 All claims or disputes arising out of or relating to these terms will be litigated exclusively in the courts of Melbourne, Victoria, Australia, and you and Canine Balance consent to personal jurisdiction in those courts.