GENERAL TERMS AND CONDITIONS
THIS DOCUMENT CONTAINS VERY IMPORTANT INFORMATION REGARDING YOUR RIGHTS AND OBLIGATIONS, AS WELL AS CONDITIONS, LIMITATIONS, AND EXCLUSIONS THAT MIGHT APPLY TO YOU. PLEASE READ IT CAREFULLY.
THESE TERMS REQUIRE THE USE OF ARBITRATION TO RESOLVE DISPUTES, RATHER THAN JURY TRIALS OR CLASS ACTIONS.
BY PLACING AN ORDER FOR PRODUCTS OR SERVICES FROM THIS WEBSITE, YOU AFFIRM THAT YOU ARE OF LEGAL AGE TO ENTER INTO THIS AGREEMENT, AND YOU ACCEPT AND ARE BOUND BY THESE TERMS AND CONDITIONS.
YOU MAY NOT ORDER OR OBTAIN PRODUCTS OR SERVICES FROM THIS WEBSITE IF YOU (A) DO NOT AGREE TO THESE TERMS, (B) ARE NOT THE OLDER OF (i) AT LEAST 18 YEARS OF AGE OR (ii) LEGAL AGE TO FORM A BINDING CONTRACT WITH BARKLEADER FFZ-LC LIMITED, OR (C) ARE PROHIBITED FROM ACCESSING OR USING THIS WEBSITE OR ANY OF THIS WEBSITE'S CONTENTS, GOODS OR SERVICES BY APPLICABLE LAW.
1 These terms (“terms” or “Terms”)
1.1 What these terms cover. These are the terms and conditions on which we supply Services to our Clients. Please note that we will refer to the terms and conditions below as "these Terms" throughout
1.1.1 Definitions: All references to:
(a) "Business Days" in these Terms shall mean any day other than: (i) a Saturday, (ii) a Sunday, or (iii) a day which is a bank holiday in California, United States;
(b) the "Booking Form" in the Terms refers to the form which we will send to you for completion (whether in whole or in part) confirming your details and those services which we shall provide to you subject to the Terms;
(c) the "Services" in the Terms refers to the services which we shall provide to you asset out in the Booking Form.
1.2 Why you should read them. Please read these Terms carefully before placing an order (which shall, for the avoidance of doubt, including booking any of the Services) with us. These Terms explain who we are, how we provide the Services to our customers, how the contract between us and you works, what to do if there is a problem and other important information.
1.3 How these Terms work. These Terms are broken down into different sections. Each section of these Terms relates to a specific part of the Services. The list below sets out which parts of these Terms apply depending on which of the Services you select and what we need you to know before booking with us:
1.3.1 Part 1 - General Terms and Conditions - The terms in Part 1 shall apply to you no matter which Services we provide and apply to all our customers.
1.3.2 Part 2 - House Rules - The terms in Part 2 apply to you no matter which Services we provide and apply to all our customers.
1.4 The contract between us. The contract between you and us is therefore made up of these Terms (Parts 1 and 2), your Programme Summary, the Booking Form (where applicable) and invoice (which shall include any specific payment terms agreed between us, such as a payment schedule).
2 Information about us and how to contact us
2.1 Who we are. We are Barkleader FFZ-LC Limited, a limited company registered in Dubai under company registration number 0000004033697. Our registered office is at Compass Building, Al Shohada Road, AL Hamra Industrial Zone-FZ, Ras Al Khaimah, United Arab Emirates.
2.2 We shall refer to Barkleader FZ-LLC Limited as "we", "us", "our" or "provider" throughout these Terms. We shall refer to our customer as "you" or the "Client" throughout these Terms.
We may refer to both you and us as the "parties" or individually as a "party" throughout these Terms.
2.3 Performance of the Services. We understand the value of transparency and openness with our customers. In order to provide the Services to our clients around the world, we use companies local to you to provide the Services on our behalf. For example, if you are a resident in the United Kingdom and wish to receive the Services in an applicable territory in the United Kingdom, the Services shall be performed by the Bark & Birch company in the United Kingdom, such as Bark & Birch Limited. For your ease of reference, please see below a list of national Bark & Birch companies which we use and the areas which they cover:
2.3.1 Bark and Birch Ltd a company registered in England under number 12146072 whose registered office is at Kemp House, 152 - 160 City Road, London, England EC1V 2NX - Territory covered is the United Kingdom;
2.3.2 Bark and Birch Limited a company registered in Ireland under number 685413 whose registered office is at 45 Mayeston Court, Mayeston Hall, St Margaret's Road, Dublin 11, Dublin, D11 C4AX - Territory covered is Ireland; and
2.3.3 Bark & Birch LLC a company registered under the jurisdiction of Delaware in the USA under file number 5396476 whose entity address is at 730 Arizona Ave, Santa Monica, CA 90401. - Territory covered is the USA.
If you have come to us from a third party, such as Bark.com, please note the contents of these Terms carefully, in particular that we shall be responsible for the Services and not the third party referral company. Please be assured that this arrangement does not impact on these Terms or our obligations to you. The local Bark & Birch company which shall perform the Services on our behalf has no direct contract with you. If you are experiencing any issues with any of our Services or have any questions, please contact us in the first instance using the details provided at Clause 2.4.
2.4 How to contact us. You can contact us by writing to our customer service team at email@example.com or alternatively, please call us on +1 888-694-0561
2.5 How we may contact you. If we have to contact you, we will do so by writing to you at the email address or telephone number you provided to us with your order, including that specified on the Booking Form.
2.6 "Writing" includes emails. When we use the words "writing" or "written" in these Terms, this includes emails.
3 Our contract with you
3.1 What will happen when you place an order. Before we can commence the Services, we will ask you to complete, or finalise a partially completed, Booking Form. On submission of the completed Booking Form to us, we shall process your request for us to provide the Services. If your request is accepted, we shall provide you with an invoice for payment. On certain occasions, we may not require the completion of a Booking Form. In this case, an invoice will be provided to you for confirmation and acceptance. The invoice is purely for information purposes and does not constitute acceptance of your order.
3.2 How we will accept your order. We will only accept your order when either we or our representative confirms this to you by email or telephone. This may take the form of a confirmation email confirming acceptance of your request for our services. If you do not have an email address, you consent to us providing the confirmation by post.
3.3 If we cannot accept your order. If we are unable to accept your order, or a request for a particular type of one of our Services within your order, we will inform you of this and will either not charge you or provide a full refund in respect of any particular Service(s) which are unavailable or cannot be provided by us. This might be for a variety of reasons, including but not limited to:
3.3.1 the Services are no longer available or are fully booked;
3.3.2 unexpected limits on our resources which we could not reasonably plan for;
3.3.3 we have identified an error in the price or description of the Service(s);
3.3.4 we are unable to meet the estimated performance timescales specified;
3.3.5 the Services you requested may not be suitable for your dog based on the replies you give us to our questions about your dog; and/or
3.3.6 you are under the age of 18 years old.
We also reserve the right to refuse to accept your order if the contents of the order would violate these Terms or for any reason or no reason at our sole discretion.
3.4 Your order number. We will assign an order number to your order and tell you what it is when we accept your order. It will help us if you can tell us the order number whenever you contact us about your order.
3.5 Changing your order. Please check your Booking Form and invoice carefully and let us know if there are any issues. It is your responsibility to check the confirmed details of a Booking Form and/or invoice prior to submission to us and in advance of payment. Please let us know if there are any errors. If you wish to make a change to the Services specified or your Booking Form, please contact us immediately. We will let you know if the change is possible. If it is possible, we will let you know about any changes to the price, the timing or availability of supply or anything else which would be necessary as a result of your requested change, and ask you to confirm whether you wish to go ahead with the change.
3.6 How to tell us about problems. If you have any questions or complaints about our Services or your order, please contact us using the contact details at clause 2.4 above. Alternatively, please speak to a member of staff at a Bark & Birch location near you. Please see our website or contact us for more details.
4 House Rules and the Booking Form
4.1 Booking Form - Our Requirements - Each Booking Form sets out the Services which we shall provide to you, as well as other pieces of important information. It is vital that you complete the Booking Form in full and provide only information which is true, accurate and up-to-date. If you have concerns or queries about the Booking Form, please contact our customer service team using the details at clause 2.4 or a member of your local Bark & Birch organization.
4.2 House Rules. At Part 2 of these Terms we have set out our House Rules. All Bark & Birch companies engaged by us to provide the Services on our behalf shall enforce our House Rules. You acknowledge and agree that you shall comply with the House Rules at all times. Please note that our ability to perform the Services effectively and in line with the specifications published, depends on your compliance with the House Rules. If you do not comply with, or are deemed to have broken, any of the House Rules we may not be able to perform the Services to the specification or to the standard expected.
This failure to follow the House Rules may also negatively affect the experience of our other customers and our business as a whole. We therefore respectively request that you read the House Rules carefully in full and only engage us for the Services on the understanding you can comply with all the House Rules at all times.
Please note: If you provide information to us or our Bark & Birch service providers, which is found to be incorrect or misleading, we shall be entitled to terminate the contract between you and us with immediate effect and refund you for any part of the Services paid for but not provided up to the date of termination without further compensation payable to you or obligation of any kind. Please note our right to claim compensation in the event that you do not comply with these Terms at clause 9.2.
4.3 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 Services to you; for example, your contact details and certain information about your canine companion. If you do not give us this information within a reasonable time of us asking for it (which shall not exceed ten (10) business days), or if you give us incomplete or incorrect information when placing an order (including at any time after this), we may either end the contract (and clause 9 will apply) or make an additional charge of a reasonable sum to compensate us for any extra work that is required as a result. We will not be responsible for supplying the Services 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.
5 Our Services
5.1 The Programme Summary. In addition to these Terms, your Booking Form and/or invoice, we will send you a programme summary. The programme summary shall set out the particular Services which we shall be offering to provide to you. The programme summary shall be sent to you alongside your invoice. The invoice shall set out the amount to be paid by you in return for the Services set out in the programme summary. Please check the programme summary carefully to ensure it includes all the Services that you require and that can you accept the limitations of the Services specified. In the event you are simply purchasing credits from us, you may not receive a programme summary until Services are booked or your place an order for Services with us.
5.2 If you do not allow us access to provide Services. If you do not allow us access to your property (or other specified location for Services provided at your chosen location) to perform the Services as arranged (and you do not have a good reason for this as determined by us in our sole discretion) we may charge you additional costs incurred by us as a result. If, despite our reasonable efforts, we are unable to contact you or re-arrange access to your property we may end the contract and clause 9 will apply.
5.3 Minor changes to the Services. We may change the Services:
5.3.1 to reflect changes in relevant laws and regulatory requirements; and
5.3.2 to implement minor technical adjustments and improvements; for example, to address a security threat. These changes should not affect your use of the Services.
5.4 Significant changes to the Services. We may make significant changes to the Services, but if we do so, we will contact you and you may then contact us to end the contract prior to commencement of the Services and receive a refund for any Services paid for, but not received.
5.5 Events which may impact on our ability to provide the Services. Our ability to perform the Services may, on occasion, be affected by events beyond our reasonable control. If so, we may need to suspend the Services. We will try to recommence the Services as soon as any such event has been resolved. By way of example, the types of events which this clause may cover include without limitation:
5.5.1 where you change the Services requirement (which may require extra work or for us to pair your dog with a different specialist trainer);
5.5.2 the trainer we have paired your dog with is unwell or has been told to self-isolate by government guidance or local authority health body, and there is no alternative suitable trainer available within the timeframe initially agreed between you and us;
5.5.3 in the event that your dog does not respond well to a particular trainer and we consider, in our reasonable opinion, that it would be best for the dog for the trainer to be replaced;
5.5.4 adverse weather/travel conditions which shall mean that our trainer/s cannot collect your dog (if this was pre-agreed between you and us);
5.5.5 deal with technical problems or make minor technical changes; or
5.5.6 where an applicable government publishes guidance or legal/regulatory requirements that mean we are unable to perform or must amend the Services either in full or in part, at all or at the time initially agreed between you and us (for example, due to national or local lockdowns being imposed).
5.6 Your rights if we suspend the supply of Services. We will contact you in advance to tell you we will be suspending supply of the Services, unless the problem is urgent or an emergency. You may contact us to end the contract for a Service if we suspend it, or tell you we are going to suspend it, in each case for a period of more than 30 days from the order date, and we will refund any sums you have paid in advance for the Services (but not yet received). We may also offer you an alternative to the Services or credit.
5.7 Where we may need to terminate the Services. When we carry out the Services, or when our trainer comes to collect your dog, there may be circumstances where we are unable to continue with the provision of Services, which may include without limitation:
5.7.1 if your dog appears ill or is showing signs of injury or distress on collection, in which case we reserve the right to refuse to collect your dog;
5.7.2 if your dog becomes ill or injured during any of our training programmes, we will contact you immediately and terminate the Services in order to allow your dog to receive appropriate treatment. Please note that we accept no liability for any costs, including veterinary costs, associated with treatment of your dog. This does not affect your legal rights;
5.7.3 if your dog shows signs of aggressive or destructive behaviour, unless this has been fully disclosed by you to us prior to our commencement of the contract and we have confirmed in writing that we will provide the Services notwithstanding this behaviour;
5.7.4 if you have not complied with your obligations under the Terms, including our House Rules, or have given us incorrect or misleading information; or
5.7.5 for other reasons which we or our trainer, in our or its reasonable opinion, would mean your dog is unsuitable for the Services and we cannot provide the Services to expected standards.
5.8 Consequence of termination under clause 5.7. If we are unable to carry out the Services or complete them for reasons set out in clause 5.7, then we may, in our sole discretion, either offer alternative Services which we think would be more suitable for your dog or terminate the Services and offer you a refund for Services paid for, but not received less any reasonable deductions which we shall be permitted to make for losses suffered due to your breach (and you do not have a good reason for this) including additional costs incurred by us as a result. Please note that we shall be under no obligation to offer any alternative to the Services.
5.9 Timescale for performance of the Services. We are committed to taking all reasonable measures to carry out the Services within the agreed upon time period. Please ensure any specific timescales or deadlines are specifically set out in the Booking Form. If you and we have agreed no time or period, this will be within a reasonable time.
6 Price and payment
6.1 Where to find the price for the Services. The price of the Services will be the price as set out on the invoice we send to you prior to commencement of the Services. Please note that where we have agreed that you may pay for the Services on certain days and/or at certain times, this shall be agreed in writing between us and may be in addition to the invoice setting out total fees payable for the Services requested. Please retain a copy of any schedule of payments agreed between us for your records. We take all reasonable care to ensure that the price of the Services specified in the invoice or your payment schedule is correct. However, please see clause 6.2 for what happens if we discover an error in the price of the Services set out in your invoice or payment schedule.
6.2 What happens if we got the price wrong. It is always possible that, despite our efforts, some of the Services we sell may be incorrectly priced on your invoice or payment schedule. If the correct price of the Services at your order date is different than the price stated to you, we may contact you for your instructions before we accept your order. If we accept and process your order where a pricing error is obvious and unmistakable and could reasonably have been recognised by you as a mispricing, we may end the contract, refund you in respect of Services paid for but not received as at the date the contract is terminated.
6.3 When you must pay and how you must pay. All payments are to be made through the link provided on your invoice through one of our third party payment providers as specified to you on the payment page shown via the link on your invoice. You must pay for the Services in full cleared funds prior to commencement of the Services. If a payment schedule has been agreed between us in writing, you agree that you shall pay each instalment in full on the date specified using the payment method stipulated.
6.4 What to do if you think an invoice is wrong. If you think an invoice is wrong, please contact us immediately using the details provided in clause 2.4 to let us know. Please do not make payment for an invoice which you believe is incorrect.
7 Your right to end the contract
7.1 When you can end your contract with us. The scope of your rights to 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:
7.1.1 If the Services are not performed with reasonable care and skill, you may have a legal right to end the contract (or to get the Services re-performed or to get some of your money back), see clause 8.1.2;
7.1.2 If you want to end the contract because of something we have done or have told you we are going to do, see clause 7.2; or
7.2 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 clauses 7.2.1 to 7.2.4 below, the contract will end immediately and we will refund you in full for any Services which you have paid for, but which we have not provided. The reasons are (please note that these are examples only and should not be considered to be a full and complete list):
7.2.1 there is a risk that supply of the Services may be significantly delayed because of events outside our control; in each case for a period of more than 60 days
7.2.2 we have suspended supply of the Services for design and/or technical reasons, or notify you we are going to suspend them for technical reasons, in each case for a period of more than 60 days; or
7.3 When consumers do not have a right to change their minds. Your right as a consumer to change your mind does not apply in respect of any Services which have been completed. For your reference, you also do not have the right to change your mind in respect of:
7.3.1 products sealed for health protection or hygiene purposes, once these have been unsealed after you receive them; and
7.3.2 any products which become mixed inseparably with other items after their delivery.
7.3.3 when canceling after making either a partial or full payment without a reason we agree to be valid
8. How to end the contract with us (including if you have changed your mind)
8.1 Tell us you want to end the contract.
8.1 To end the contract, please email us at firstname.lastname@example.org or call us on +1 888-694-0561. Please provide your order number and brief details of the Services purchased from us, and your name and address. We may ask you to provide some additional information in order to process your request for a refund. Our customer service team will request this from you if required.
8.2 How we will refund you. We will refund you the price you paid for the Services, by the method you used for payment. However, we may make deductions from the price in accordance with these Terms. In certain circumstances, where we are legally permitted to do so, we may select to refund you in the form of credit to spend on our Services at a later date.
8.3 Ending the contract where we are not at fault. Our right to compensation. Even if we are not at fault and you do not have a right to change your mind, you can still end the contract before it is completed, but you may have to pay us compensation.
The level of compensation which we require may be up to the full amount you have paid us for the Services and we reserve the right to retain 100% of monies paid to us in the event you cancel your contract with us where we are not at fault.
A contract for services is completed when we have finished providing the Services and you have paid for them. If you want to end a contract before it is completed, just contact us to let us know.
8.4 Day-care Services - Late Cancellation Fee - Please note that any request to cancel day-care or boarding type Services which are received within the 24 hour period prior to the date on which those Services are due to commence shall result in the payment of a cancellation fee. This cancellation fee shall be (as a minimum) the full cost of the first day and night of the day-care and/or boarding Services which you wish to cancel.
9 Our right to end the contract
9.1 We may end the contract if you break it. We may end the contract for a Service at any time, effective immediately upon written notice if, without limitation:
9.1.1 you do not, within a reasonable time of us asking for it, provide us with information that is necessary for us to provide the Services (for example, your name and address or the information required as specified by the House Rules, the Booking Form or our representative);
9.1.2 you do not comply with a requirement in these Terms; or
9.1.3 you do not, within a reasonable time, allow us to deliver the Services to you (or someone you nominate).
9.2 You must compensate us if you break the contract. If we end the contract in the situations set out in clause 9.1, or otherwise stated in the Terms, we will refund any money you have paid in advance for Services we have not provided, but we may deduct or charge you compensation for the net costs we will incur as a result of your breaking the contract.
10 Limitation of Liability.
IN NO EVENT SHALL WE BE LIABLE TO YOU OR ANY THIRD PARTY FOR CONSEQUENTIAL, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE OR ENHANCED DAMAGES[, LOST PROFITS OR REVENUES OR DIMINUTION IN VALUE], ARISING OUT OF, OR RELATING TO, AND/OR IN CONNECTION WITH ANY BREACH OF THESE TERMS, REGARDLESS OF (A) WHETHER SUCH DAMAGES WERE FORESEEABLE, (B) WHETHER OR NOT WE WERE ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND (C) THE LEGAL OR EQUITABLE THEORY (CONTRACT, TORT OR OTHERWISE) UPON WHICH THE CLAIM IS BASED.
OUR SOLE AND ENTIRE MAXIMUM LIABILITY, FOR ANY REASON, AND YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY CAUSE WHATSOEVER, SHALL BE LIMITED TO THE ACTUAL AMOUNT PAID BY YOU FOR THE PRODUCTS AND SERVICES YOU HAVE ORDERED THROUGH OUR SITE.
The limitation of liability set forth above shall: (i) only apply to the extent permitted by law and (ii) not apply to (A) liability resulting from our gross negligence or willful misconduct and (B) death or bodily injury resulting from our reckless acts or omissions.
11 Other important terms
11.1 Intentionally Omitted.
11.3 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. In particular, please note the information at clause 2.2 regarding how we provide the Services to you using local Bark & Birch companies. You will not assign any of your rights or delegate any of your obligations under these Terms without our prior written consent. Any purported assignment or delegation in violation of this Section 13 is null and void. No assignment or delegation relieves you of any of your obligations under these Terms.
11.4 If a court finds part of this contract illegal, the rest will continue in force. Each of the clauses of these Terms operates separately. If any court or relevant authority decides that any of them are unlawful, the remaining clauses will remain in full force and effect.
11.5 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.
11.6 Governing Law and Jurisdiction. This Site is operated from the US. All matters arising out of or relating to these Terms are governed by and construed in accordance with the internal laws of the State of California without giving effect to any choice or conflict of law provision or rule (whether of the State of California or any other jurisdiction) that would cause the application of the laws of any jurisdiction other than those of the State of California.
11.7 Dispute Resolution and Binding Arbitration
11.7.1 YOU AND PROVIDER ARE AGREEING TO GIVE UP ANY RIGHTS TO LITIGATE CLAIMS IN A COURT OR BEFORE A JURY, OR TO PARTICIPATE IN A CLASS ACTION OR REPRESENTATIVE ACTION WITH RESPECT TO A CLAIM. OTHER RIGHTS THAT YOU WOULD HAVE IF YOU WENT TO COURT MAY ALSO BE UNAVAILABLE OR MAY BE LIMITED IN ARBITRATION.
ANY CLAIM, DISPUTE OR CONTROVERSY (WHETHER IN CONTRACT, TORT OR OTHERWISE, WHETHER PRE-EXISTING, PRESENT OR FUTURE, AND INCLUDING STATUTORY, CONSUMER PROTECTION, COMMON LAW, INTENTIONAL TORT, INJUNCTIVE AND EQUITABLE CLAIMS) BETWEEN YOU AND PROVIDER ARISING FROM OR RELATING IN ANY WAY TO YOUR PURCHASE OF PRODUCTS OR SERVICES THROUGH THE SITE, WILL BE RESOLVED EXCLUSIVELY AND FINALLY BY BINDING ARBITRATION.
11.7.2 The arbitration will be administered by the American Arbitration Association ("AAA") in accordance with the Consumer Arbitration Rules (the "AAA Rules") then in effect, except as modified by this Section 12. (The AAA Rules are available at www.adr.org/arb_med or by calling the AAA at 1-800-778-7879.) The Federal Arbitration Act will govern the interpretation and enforcement of this section.
The arbitrator will have exclusive authority to resolve any dispute relating to arbitrability and/or enforceability of this arbitration provision, including any unconscionability challenge or any other challenge that the arbitration provision or the agreement is void, voidable, or otherwise invalid. The arbitrator will be empowered to grant whatever relief would be available in court under law or in equity. Any award of the arbitrator(s) will be final and binding on each of the parties, and may be entered as a judgment in any court of competent jurisdiction.
If you prevail on any claim that affords the prevailing party attorneys' fees, the arbitrator may award reasonable fees to you under the standards for fee shifting provided by law.
11.7.3 You agree to an arbitration on an individual basis. In any dispute, NEITHER YOU NOR PROVIDER WILL BE ENTITLED TO JOIN OR CONSOLIDATE CLAIMS BY OR AGAINST OTHER CUSTOMERS IN COURT OR IN ARBITRATION OR OTHERWISE PARTICIPATE IN ANY CLAIM AS A CLASS REPRESENTATIVE, CLASS MEMBER OR IN A PRIVATE ATTORNEY GENERAL CAPACITY. The arbitral tribunal may not consolidate more than one person's claims, and may not otherwise preside over any form of a representative or class proceeding. The arbitral tribunal has no power to consider the enforceability of this class arbitration waiver and any challenge to the class arbitration waiver may only be raised in a court of competent jurisdiction.
If any provision of this arbitration agreement is found unenforceable, the unenforceable provision will be severed and the remaining arbitration terms will be enforced.
11.7.4 No Waivers. The failure by us to enforce any right or provision of these Terms will not constitute a waiver of future enforcement of that right or provision. The waiver of any right or provision will be effective only if in writing and signed by a duly authorized representative of Provider.
PART 2 - HOUSE RULES
We are committed to excellent customer service and exceptional canine care. To ensure a high quality service and the protection of our customers and their canine companions, we require that all our customers agree and comply with our House Rules. Your use of the Services is dependent on your compliance with these House Rules.
These House Rules are mandatory and we shall take your confirmation of acceptance of these Terms by placing an order with us as acceptance of our House Rules.
Any breach of these House Rules or any efforts by you to avoid or deviate from the House Rules shall entitle us to terminate our contract with you immediately.
If you have any questions or queries about these House Rules or have any concerns with any of the House Rules, please do not hesitate to contact us using the details at clause 2.3.
1. You acknowledge and agree that:
a. your dog shall be permitted to socialise in an off-leash environment. Dogs mixing with other dogs of different ages and breeds is a vital part of life and socialisation. In such an environment dogs will come into contact with other dogs in an off lead and uncontrolled exchange. In the vast majority of cases, this is a hugely positive experience; however, as with any group interaction, this presents a risk of dog-dog aggression, fights and even death;
b. you have in place an up-to-date and valid pet insurance policy and that any personal property provided to us alongside your dog is covered under a home and property contents policy of insurance and that you have informed both your property and pet insurance provider of the arrangements in place to ensure suitable coverage;
c. your dog may be transported with other dogs in any day-care vehicle. You confirm that we shall not be held liable for death or injury to your dog in the event of a motor vehicle accident;
d. we may walk your dog off the lead;
e. we may hold in our possession the keys to your home, but that it is your responsibility to make suitable arrangements with your insurers to ensure this is not in breach of any applicable policy. Ownership and responsibility for any keys left in our possession shall remain with you at all times and we shall not be liable in the event of theft or loss of such items whether in our possession or otherwise;
f. your dog is up-to-date with all vaccinations, de-worming and de-fleeing treatments;
g. we shall appoint a trainer to provide the Services. We shall have sole control over the selection and appointment of any trainer, as well as all staff, which provide the Services on our behalf. Please note that whilst we may take a preference of trainer into account, we are under no obligation to agree or satisfy any request you may submit for a particular member of staff or trainer to perform the Services; and
h. we reserve the right, in our sole discretion, to change or replace a trainer appointed to provide the Services at any time, including at last minute and whether before, during or after commencement of the Services. The selection, appointment and/or change of staff (including a trainer) allocated to the Services by us (or our contractors) shall not entitle you to terminate or seek to cancel the Services or the contract between you and us.
2. You confirm that your dog is microchipped in compliance with local law and the details available on the microchip are accurate and up-to-date.
3. Please be aware that:
a. female dogs who come into the season will not be able to attend any day-care facility for the duration of their season (2-4 weeks);
b. if your dog has any history or record of aggressive or anti-social behaviour , you must provide full and frank disclosure on past incidents. Equally you must also provide detail on any characteristic, trait or suspected inclination of such behaviour that might make your dog unsuitable for socialising with other dogs. Such disclosure must be made explicit and in writing, either using the Booking Form or by email at the time of booking, prior to the Services commencing; and
c. we reserve the right to ask for proof of veterinary history and current medications.
4. You shall:
a. answer our questions about your dog fully and honestly prior to and during our performance of the Services; b. let us know immediately if your dog has any history of aggression towards people or other animals;
c. hold appropriate pet insurance for your dog which includes veterinary bills, and shall notify your insurance company that your dog will be staying with our trainers while it undergoes the training programme, in advance of us commencing the Services;
d. be responsible for any vet or medical bills which may be incurred while we provide the Services (in accordance with these Terms);
e. provide us with the season dates for any female dog (we will not normally allow female dogs coming into season to attend training courses unless you have prior written agreement from us);
f. give permission to us to walk your dog off the lead in public environments;
g. ensure your dog is up to date with all recommended vaccinations, de-worming and de-fleeing prior to commencing any training programmes with us;
h. provide us with any relevant information about allergies, illnesses, medications or conditions which affect your dog, prior to us commencing performance of the Services;
i. be responsible for any damage or injury which your dog may cause to other animals, persons or property during any training programme, where appropriate; and
j. follow any post-training activities and training which are recommended by us to you, to ensure your dog receives the appropriate benefits from the Services we provide. If you do not follow the post-training activities and training which we recommend to you, you acknowledge and agree that the quality and longevity of the training which we shall provide shall be negatively affected and may result in the training provided by us having only a short term impact on the behaviour of your dog.