Terms & Conditions
1.Definitions and Interpretation
The following definitions and interpretation shall apply to all dealings between the Client and The Dog Man .
“Contract Document” means the enrolment form, booking form, registration form, and schedules applicable to it and our terms of business.
“Services” means the training services as provided under the Contract.
“the Client” “you” shall mean the person, individuals, corporations, associations or other organisation to whom The Dog Man agrees to supply to.
“the Dog” shall mean the dog nominated by the Client on the booking form to attend the Training Course.
“the Handler” means the person or individuals who trains or has charge of the Dog attending the Training Course.
“The Dog Man ”, “us” and “we” shall mean The Dog Man (Stafford) Limited.
“the Trainer” shall mean Mr Craig Flint.
“the Training Session” the date(s) agreed between the parties on which the Services are to have effect.
“The Training Course Fee” means the sum agreed in payment of Services between the parties and in accordance with clause 2.2.1 .
2. Fees, Invoicing and Payment
2.1 Booking
2.1.1 No booking will be deemed accepted by The Dog Man , unless and until confirmed in writing by a representative of The Dog Man .
2.1.2 By confirming the booking the Client is accepting the Terms and Conditions of this Contract.
2.1.3 By submitting a booking form you agree and confirm that the Dog and Handler will attend the Training Session. As soon as The Dog Man receives the booking we will allocate a place on the Training Session and send confirmation of Services.
2.2 Fees
2.2.1 The price(s) charged will be as shown on The Dog Man ’s website and/or in our price list at the time of the purchase of the Services. The only exceptions shall be any variation pursuant to 0 below. The Client will pay fees in full and, except as stated in these Terms fees are not refundable.
2.2.2 Accommodation, kennelling and travel in attendance is not included in the Training Session Fee.
2.3 Invoicing and Payment
2.3.1 The following payment terms form part of your original Contract and must be adhered to:
• A deposit is required to be paid at the time of booking.
• The balance of the Training Session Fee is due and payable at least seven (7) business days in advance of the Training Session.
• If a booking is made within seven (7) business days of the Training Course then payment will be due immediately upon acceptance by The Dog Man of the booking.
• Payment can be made electronically, by credit/debit card into our bank account, at the time of booking. An invoice can be requested.
2.3.2 Any reimbursement will be made without undue delay and not later than fourteen (14) days after the date of receipt of notice of the decision to cancel. The Dog Man will make the reimbursement using the same means of payment as used for the initial transaction, unless expressly agreed otherwise.
2.3.3 If the Client has any queries regarding payment such concerns should be raised in writing to The Dog Man . If The Client does not raise such a query, payment shall be due in accordance with this clause 2.3. So long as any payment is outstanding for Services, The Dog Man shall be entitled to deny any Dog or Handler registered by the Client entry to the Training Course until such time as payment is made.
3. Rescheduling, Cancellation & Non-Attendance
3.1 By us: The dates, times and venues advertised or agreed in communicae are fixed. The Dog Man will use reasonable endeavours to adhere to these. However, we may reschedule or cancel if circumstances beyond our reasonable control make cancellation necessary. In the event of a change or cancellation we will make reasonable endeavours to notify you and offer you an alternative. If you do not accept an alternative we shall refund fees paid for the original booking or a percentage thereof and you agree that we shall incur no further liability whatsoever as a result of the cancellation. The Dog Man will not be liable for any other costs incurred in the cancellation or re-arrangement of a Training Session.
3.2 By you:
3.2.1 You have the right to cancel this Contract within 14 business days without giving any reason. The cancellation period will expire after 14 business days from the date of commencement of the Contract.
3.2.2 If you fail to give The Dog Man at least 14 business days written notice of your intention to cancel the Contract will result in the Service and Deposit being forfeited by you and The Dog Man shall not be liable to compensate or reimburse you in respect thereof in any manner whatsoever.
3.2.3 Cancelling a Contract within the relevant period ends the obligations of both parties to the Contract.
3.2.4 To exercise the right to cancel, you must inform The Dog Man of your decision to cancel this Contract by a clear statement. You may use the attached model cancellation form but it is not obligatory. To meet the cancellation deadline, it is sufficient for you to send your communication concerning your exercise of the right to cancel before the cancellation period has expired.
3.2.5 Once booked Training Session date/s are fixed and immovable. If giving notice of your intention to cancel or not attend a Training Session booked will result in the Service being forfeited by you and The Dog Man shall not be liable to reschedule, compensate or reimburse you in respect thereof in any manner whatsoever.
3.2.6 In the instance of Services commencing straightaway, the Client waives their fourteen (14) business day right to cancel under Statutory Rules and Regulations. That the right to cancel is excluded under Regulation 28. – (1) (h) which includes the supply of or services related to leisure activities, if the contract provides for a specific date or period of performance. The Client will pay for full coverage of the Contract.
3.2.7 Non Attendance of any Training Session for any reason whatsoever is deemed to be a cancellation with no notice and payment is due in full.
3.3 Force Majeure Event – Events Outside Our Control:
3.3.1 The Dog Man will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations that is caused by events outside our reasonable control (“Force Majeure Event”).
3.3.2 A Force Majeure Event includes any act, event, non-happening, omission or accident beyond our reasonable control and includes in particular (without limitation) the following:
• act of God (such as, but not limited to, fires, explosions, earthquakes, drought, tidal waves and floods);
• war, hostilities (whether war be declared or not), invasion, act of foreign enemies, mobilisation, requisition, or embargo;
• rebellion, revolution, insurrection, or military or usurped power, or civil war;
• riot, commotion, strikes, go slows, lock outs or disorder;
• acts or threats of terrorism;
• other unforeseeable circumstances beyond the control of the parties against which it would have been unreasonable for the affected party to take precautions and which the affected party cannot avoid even by using its best efforts.
3.3.3 The Dog Man ’s performance is deemed to be suspended for the period that the Force Majeure Event continues, and we will have an extension of time for performance for the duration of that period. We will endeavour to bring the Force Majeure Event to a close or to find a solution by which our obligations under the Contract between us may be performed despite the Force Majeure Event.
4. Promotion
A promotion is subject to availability. A promotion does not give you the right to book a specific session/event or book a combination/mix of sessions/events. We reserve the right to reject the combination of session/events or cancel a promotion without notice. Only one offer/promotion can be accepted and must be applied at the time of booking.
5. Refusal
The Dog Man reserves the right to refuse or restrict anyone from attending a Training Session.
If we, in our sole and reasonable discretion, consider the Dog to be dangerous or to be causing a nuisance, harm or threat to anyone, or to be likely to do so, we may ask the Handler to remove it, and/or refuse or restrict the Dog from attending.
6. Special Needs
6.1 The Dog Man will endeavour to accommodate any special needs of the Handler to include restricted mobility, a disability, medical or particular care requirements. We aim to ensure that our services are as accessible as reasonably possible so it is important that we are fully appraised of any needs, requirements and conditions prior to any booking being concluded. We will be happy to discuss with you availability, suitability and potential reasonable adjustments, including any requirement for the Handler to be accompanied by someone who is able to provide for any particular needs they may have over and above any reasonable adjustments we are able to make. A risk assessment might be required prior to confirming a booking or allowing participation in any Training Course.
6.2 The Client must advise at the time of booking any medical condition (medication associated with it), special needs and dietary requirements of the Dog.
6.3 If the Dog is staying at the Trainer’s kennels during the Training Session the Client must produce an up to date annual booster vaccination certificate, which includes kennel cough, a minimum of fourteen (14) days prior to the date of the Training Session.
7. Warranty
7.1 The Dog Man will use reasonable endeavours to ensure that the Training Session is presented with reasonable skill and care.
7.2 It is The Dog Man ’s policy to conduct all of its business in an honest and ethical manner. We are committed to acting professionally, fairly and with integrity in all our business dealings and relationships.
8. Copyright
8.1 The Dog Man retains ownership and sole rights to the copyright of any material produced for the purpose of the Training session. Once supplied, materials, with the exception of the copyright, become the personal property of the Client and no part of the materials maybe used or reproduced in any form by any person or organisation unless as authorised by a Director of The Dog Man .
8.2 Audio or video recording at any Training Session is not allowed except where the Trainer has given prior permission.
9. Data Protection
9.1 The Dog Man needs to hold certain personal information about the Client, any Handler and the Dog. Information will be held in accordance with the Data Protection Act 1998. Agreement to the processing of personal data and/or that of the Handler and Dog is a condition of acceptance of our Services. By enrolling you signify agreement to this processing.
9.2 The information you voluntarily provide amounts to a trade secret, is confidential and is commercially sensitive and will be used solely for the purposes of satisfying your requests, and for assessment and analysis, e.g. marketing, customer and product analysis, to enable us to review, develop and improve our services.
9.3 We may disclose personal or confidential information if required to do so by law, court order or for the purposes of prevention of fraud or other crime or if we believe that such action is necessary to protect and defend the rights, property or personal safety of the Trainer, The Dog Man and affiliates.
9.4 You consent to the collection and use of your information by The Dog Man as set out in this privacy policy. If we change our privacy policy in any way, these changes will be posted on The Dog Man ’s website.
9.5 We endeavour to take all reasonable steps to protect personal information. However, we cannot guarantee the security of any data that you disclose online and we will not be responsible for any breach of security unless this is due to our negligence or wilful default.
10. Cookies
10.1 We collect information directly from you in a number of ways. One way is through our use of cookies on our website. Most websites use cookies in order to make them work, or to work more efficiently, as well as to provide information to the owners of the website. They help us to understand how our customers and potential customers use our website so we can develop and improve the design, layout, content and function of the site. Cookies are small text files that are placed on your computer’s hard drive by websites that you visit. They save and retrieve pieces of information about your visit to the website for example, how you entered the site, how you navigated through the site and what information and documentation was of interest to you. This means that when you go back to a website, it can give you tailored options based on the information it has stored about you on your last visit.
10.2 Some of our cookies are used to simply collect information about how visitors use our website and these types of cookies collect the information in an anonymous form.
10.3 Where there is a login process relating to buying products or Services from us we also use cookies to store personal registration information so that you do not have to provide it to us again on subsequent visits.
10.4 The rules about cookies on websites have recently changed. If you are uncomfortable with the use of cookies, you can disable cookies on your computer by changing the settings in the preferences or options menu in your browser. You can set your browser to reject or block cookies or to tell you when a website tries to put a cookie on your computer. You can also delete any cookies that are already stored on your computer’s hard drive. However, please be aware that if you do delete and block all cookies from our website, parts of the site will not then work. This is because some of the cookies we use are essential for parts of our website to operate. Likewise, you may not be able to use some products and services on other websites without cookies.
10.5 To find out more about cookies, including seeing what cookies have been set and how to manage and delete them, visit www.allaboutcookies.org.
10.6 If you do not wish to accept cookies from The Dog Man ’s website, please delete and block all cookies. Alternatively, you may opt out of receiving information from us by e-mail, telephone, or post. Our phone number is 01785 664805, or you can e-mail us on info@thedogman.co.uk.
11. Website
11.1 If you use the website, you are responsible for maintaining the confidentiality of your account and your password and restricting access to your computer to prevent unauthorised access. You agree to accept responsibility for all activities that occur under your account or password. You should take all necessary steps to ensure that your password is kept confidential and secure and should inform us immediately if you have any reason to believe that your password has become known to anyone else, or if your password is being, or is likely to be, used in an unauthorised manner.
11.2 Access to the website is permitted on a temporary basis, and we reserve the right to withdraw or amend the service we provide on the website without notice. We will not be liable if for any reason the website is unavailable at any time or for any period. From time to time, we may restrict access to some parts or all of the website, to users who have registered with us.
11.3 You must ensure that the details provided by you on registration at the website or at any time are correct and complete.
11.4 You may not use the Website for:
11.4.1 transmitting any unlawful, harassing, libellous, abusive, threatening, harmful, vulgar, obscene, or otherwise objectionable material;
11.4.2 transmitting material that encourages conduct that constitutes a criminal offence, results in civil liability or otherwise breaches any relevant laws, regulations or codes of practice;
11.4.3 gaining unauthorised access to other computer systems;
11.4.4 interfering with any other person’s use or enjoyment of the website;
11.4.5 breaching any laws concerning the use of public telecommunications networks;
11.4.6 interfering or disrupting networks or websites connected to the website; or
11.4.7 making, transmitting or storing electronic copies of materials protected by copyright without the permission of the owner.
11.5 We reserve the right to refuse to post material on the website or to remove material already posted on the website.
11.6 You fully indemnify us against any and/or all losses, liabilities, costs and/or expenses reasonably suffered or incurred by us, any and/or all damages awarded against us under any judgment by a court of competent jurisdiction and any and/or all settlements and sums paid by us as a result of any settlement reasonably agreed by us arising out of or in connection with:
11.6.1 any claim by any third party that the use of the website by you is defamatory, offensive or abusive, or of an obscene or pornographic nature, or is illegal or constitutes a breach of any applicable law, regulation or code of practice;
11.6.2 any claim by any third party that the use of the website by you infringes that third party’s copyright or other intellectual property rights of whatever nature; and/or
11.6.3 any fines or penalties imposed by any regulatory, advertising or trading body or authority in connection with the use of the website by you.
11.7 We may suspend or cancel your registration to the website immediately or restrict or prevent your access to the website at our reasonable discretion if you breach any of your obligations under these Terms and Conditions.
11.8 You can cancel this Contract at any time after giving us prior notice in writing. If you do so, you must stop using your registration to the website.
11.9 The suspension or cancellation of your registration to the website and/or your right to access and/or use the website shall not affect either party’s rights or liabilities.
11.10 We try to ensure that The Dog Man website is free from viruses or defects. However, the user agrees that material downloaded or otherwise accessed through the use of the website is obtained entirely at the user’s own risk and that the user will be entirely responsible for any resulting damage to software or computer systems and/or any resulting loss of data.
11.11 You must not misuse the website by knowingly introducing any spyware, computer viruses, trojans, worms, logic bombs or other material which is malicious or technologically harmful. You must not attempt to gain unauthorised access to the website, the server on which the website is stored or any server, computer or database connected to the website.
11.12 All rights, including copyright, in our website are owned by or licensed to The Dog Man (Stafford) Limited. Any use of our website or its contents, including copying or storing it or them in whole or part, other than for your own personal, non-commercial use, is prohibited without our permission. You may not modify, distribute or repost anything on our website for any purpose.
11.13 The content of The Dog Man ’s webpages is intended for information purposes only and does not represent legal, veterinary or other professional advice on which reliance should be placed. Users are hereby placed under notice that they should take appropriate steps to verify such information. No user should act or refrain from acting on the information contained in the website without first verifying the information and as necessary obtaining legal and/or other professional advice.
11.14 The Dog Man is not entering into any express or implied conditions, warranties, terms or representations about any of the content of The Dog Man ’s website, its accuracy or completeness. The Dog Man expressly disclaims all liability and responsibility for any direct, indirect or consequential loss or damage incurred by any user arising from any reliance placed on materials posted on the website, whether directly or indirectly, resulting from inaccuracies, defects, errors, whether typographical or otherwise, omissions, out of date information or otherwise.
11.15 The content of external internet sites that can be reached from The Dog Man ’s website via hyperlinks or are referring to is third-party content on which The Dog Man has no influence and for which The Dog Man accepts no liability or responsibility for loss or damage arising. The Dog Man does not endorse or approve the contents of any such site and these links are provided for your information only.
11.16 All information on The Dog Man ’s website, all motifs, designs and logos are copyright © The Dog Man , unless specifically stated otherwise. We will vigorously pursue any violation of our copyright that seeks to exploit our material for commercial gain or to misrepresent our regulatory stance.
11.17 Use of The Dog Man ’s website means that the user is bound by these Terms of Business.
12. Liability
12.1 Except in respect of death or personal injury caused by The Dog Man ‘s negligence, or as expressly provided in these Conditions, The Dog Man shall not be liable to the Client by reason of any representation (unless fraudulent), or any implied warranty, condition or other term, or any duty at common law, or under the express terms of the Contract for any loss of profit or any indirect, special or consequential loss, damage, costs, expenses or other claims (whether caused by the negligence of The Dog Man its servants or agents or otherwise) which arise out of or in connection with the provision of the Service and the entire liability of The Dog Man under or in connection with the Contract shall not exceed the amount of The Dog Man ‘s charges for the provision of the Training Course except as expressly provided in these Conditions.
12.2 Neither The Dog Man nor the Client shall be in breach of this Contract if the provision of services are delayed or cancelled or reduced through any circumstances that are beyond the defaulting party’s reasonable control. The Dog Man and the Client agree to give written notice forthwith to the other on becoming aware of an event of force majeure, such notice to contain details of the circumstances giving rise to that event and its expected duration (see clause 4.3).
12.3 The Client shall indemnify and hold harmless The Dog Man , its directors, officers, agents and employees against all claims arising from any breach of the Client’s and Handler’s obligations under this Contract.
13. Waiver
13.1 If we fail, at any time during the term of this Contract, to insist upon strict performance of any of your obligations, or if we fail to exercise any of the rights or remedies to which we are entitled, this shall not constitute a waiver of such rights or remedies and shall not relieve you from compliance with such obligations.
13.2 A waiver by us of any default shall not constitute a waiver of any subsequent default.
13.3 No waiver by us of any of these Terms and Conditions shall be effective unless it is expressly stated to be a waiver and is communicated to you in writing.
14. General
14.1 These Terms and Conditions shall apply to the Contract and supersede all prior discussions, correspondence and presentations.
14.2 These Terms and Conditions may not be varied except by the written agreement of The Dog Man .
14.3 The Dog Man reserves the right to amend the content of any Service without notice to the Client where it is considered by The Dog Man that this does not fundamentally alter the content of the Service.
14.4 The Dog Man does not guarantee success in training or in altering the temperament of the Dog.
14.5 The Dog Man will provide public liability insurance cover during all lessons and courses but such cover does not include any negligent actions or omissions of the Client and/or Handler.
14.6 We may assign, charge or transfer any of our rights or subcontract any of our obligations under these Terms and Conditions or any Contract to any third party at any time.
14.7 You may not assign, charge or transfer any of your rights or subcontract any of your obligations under these Terms and Conditions and/or any Contract between us except with our specific prior written permission in writing.
14.8 We reserve the right to revise and amend these Terms and Conditions from time to time and any such changes will be communicated on the website. You will be subject to the policies and the Terms and Conditions in force at the time that you entered into your Contract with us, unless any change to those policies or the Terms and Conditions is required to be made by law or governmental authority, or if we notify you of the change to those policies or these Terms and Conditions before the Training Course (in which case we have the right to assume that you have accepted the change to the Terms and Conditions, unless you notify us to the contrary). If you do not wish to accept the new Terms and Conditions, you should not continue to use the website. If you continue to use the website after the date on which the changes come into effect, your use of the website indicates your agreement to be bound by the new Terms and Conditions.
14.9 These Terms and Conditions govern the entire trading relationship between ourselves and you and will remain in force for the duration of our contractual relationship.
Law of England
For all legal relationships between The Dog Man and the Client, the law of England and Wales shall apply.
Third party rights
A person who is not a party to these Terms and Conditions or any Contract between us shall have no right to enforce any term of the Terms and Conditions and/or any and/or all Contracts between us under the Contracts (Rights of Third Parties) Act 1999.
Severability
If a provision of this Contract is or becomes illegal, invalid or unenforceable in any jurisdiction, that shall not affect the validity or enforceability in that jurisdiction of any other provision of this Contract.
Complaints
We recognise the importance of service and set ourselves high standards. Should there be an occasion when we do not meet your expectations we are equally committed to dealing with any complaint in a thorough and professional manner. If you wish to make a complaint you can do so by sending an email to info@thedogman.
CANCELLATION FORM
To : The Dog Man (Stafford) Limited, Holly Cottage, Kitlings Lane, Walton on the Hill, Stafford, ST17 0LE
I/We* hereby give you notice that I/We* cancel my/our* contract for the supply of the following service:
Nature of course:
Ordered on:
Name of consumer(s):
Address of consumer(s):
Signature of consumer(s): (only if this form is notified on paper)