Website terms & conditions

Website Terms and Conditions of UseWebsite Terms and Conditions of Use11..About the WebsiteAbout the Website1.11.1..Welcome to www.therelaxeddog.com (the 'WebsiteWebsite'). The Website providesinformation and advice for dog owners to improve the integration of a dog intotheir household using Canine Massage as a foundation. (the 'ServicesServices').1.21.2..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 associatedProducts or Services, is provided by Robert Ober trading as 'The Relaxed Dog'.Please read these terms and conditions (the 'TermsTerms') 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 theTerms, you must cease usage of the Website, or any of Services, immediately.1.31.3..Robert Ober trading as 'The Relaxed Dog' reserves the right to review andchange any of the Terms by updating this page at its sole discretion. WhenRobert Ober trading as 'The Relaxed Dog' updates the Terms, it will usereasonable endeavours to provide you with notice of updates to the Terms.Any changes to the Terms take immediate effect from the date of theirpublication. Before you continue, we recommend you keep a copy of the Termsfor your records.22..Acceptance of the TermsAcceptance of the TermsYou accept the Terms by remaining on the Website. You may also accept the Terms byclicking to accept or agree to the Terms where this option is made available to you byRobert Ober trading as 'The Relaxed Dog' in the user interface.33..Registration to use the ServicesRegistration to use the Services3.13.1..In order to access the Services, you must first register for an account throughthe Website (the 'AccountAccount').3.23.2..As part of the registration process, or as part of your continued use of theServices, 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)Password(e)Dogs name3.33.3..You warrant that any information you give to Robert Ober trading as 'TheRelaxed Dog' in the course of completing the registration process will alwaysbe accurate, correct and up to date.3.43.4..Once you have completed the registration process, you will be a registeredmember of the Website ('MemberMember') and agree to be bound by the Terms.

3.53.5..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 ofAustralia or other countries including the country in which you are residentor from which you use the Services.44..Your obligations as a MemberYour obligations as a Member4.14.1..As a Member, you agree to comply with the following:(a)you will use the Services only for purposes that are permitted by:(i)the Terms; and(ii)any applicable law, regulation or generally accepted practices orguidelines in the relevant jurisdictions;(b)you have the sole responsibility for protecting the confidentiality of yourpassword and/or email address. Use of your password by any otherperson may result in the immediate cancellation of the Services;(c)any use of your registration information by any other person, or thirdparties, is strictly prohibited. You agree to immediately notify Robert Obertrading as 'The Relaxed Dog' of any unauthorised use of your password oremail address or any breach of security of which you have become aware;(d)access and use of the Website is limited, non-transferable and allows forthe sole use of the Website by you for the purposes of Robert Obertrading as 'The Relaxed Dog' providing the Services;(e)you will not use the Services or the Website in connection with anycommercial endeavours except those that are specifically endorsed orapproved by the management of Robert Ober trading as 'The RelaxedDog';(f)you will not use the Services or Website for any illegal and/or unauthoriseduse which includes collecting email addresses of Members by electronic orother means for the purpose of sending unsolicited email or unauthorisedframing of or linking to the Website;(g)you agree that commercial advertisements, affiliate links, and other formsof solicitation may be removed from the Website without notice and mayresult in termination of the Services. Appropriate legal action will be takenby Robert Ober trading as 'The Relaxed Dog' for any illegal orunauthorised use of the Website; and(h)you acknowledge and agree that any automated use of the Website or itsServices is prohibited.55..PaymentPayment5.15.1..Where the option is given to you, you may make payment for the Services (the' Services FeeServices Fee') by way of:(a)PayPal ('PayPalPayPal')(b)Cash ('CashCash')(c)Credit Card5.25.2..All payments made in the course of your use of the Services are made usingSquare. In using the Website, the Services or when making any payment inrelation to your use of the Services, you warrant that you have read,understood and agree to be bound by the Square terms and conditions whichare available on their website.5.35.3..You acknowledge and agree that where a request for the payment of theServices Fee is returned or denied, for whatever reason, by your financialinstitution or is unpaid by you for any other reason, then you are liable for anycosts, including banking fees and charges, associated with the Services Fee.5.45.4..You agree and acknowledge that Robert Ober trading as 'The Relaxed Dog'can vary the Services Fee at any time .66..Refund PolicyRefund PolicyRobert Ober trading as 'The Relaxed Dog' will only provide you with a refund of theServices Fee in the event they are unable to continue to provide the Services or if themanager of Robert Ober trading as 'The Relaxed Dog' makes a decision, at its absolutediscretion, that it is reasonable to do so under the circumstances (the 'RefundRefund').77..Copyright and Intellectual PropertyCopyright and Intellectual Property7.17.1..The Website, the Services and all of the related products of Robert Obertrading as 'The Relaxed Dog' are subject to copyright. The material on theWebsite is protected by copyright under the laws of Australia and throughinternational 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 orcontrolled for these purposes, and are reserved by Robert Ober trading as'The Relaxed Dog' or its contributors.7.27.2..All trademarks, service marks and trade names are owned, registered and/orlicensed by Robert Ober trading as 'The Relaxed Dog', who grants to you aworldwide, non-exclusive, royalty-free, revocable license whilst you are aMember to:Robert Ober trading as 'The Relaxed Dog' does not grant you any other rightswhatsoever in relation to the Website or the Services. All other rights areexpressly 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 inyour device's cache memory; and(c)print pages from the Website for your own personal and non-commercialuse.7.37.3..Robert Ober trading as 'The Relaxed Dog' retains all rights, title and interest inand to the Website and all related Services. Nothing you do on or in relation tothe Website will transfer any:to you.(a)business name, trading name, domain name, trade mark, industrialdesign, patent, registered design or copyright, or(b)a right to use or exploit a business name, trading name, domain name,trade mark or industrial design, or(c)a thing, system or process that is the subject of a patent, registered designor copyright (or an adaptation or modification of such a thing, system orprocess),7.47.4..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 orplay in public, adapt or change in any way the Services or third party Servicesfor any purpose, unless otherwise provided by these Terms. This prohibitiondoes not extend to materials on the Website, which are freely available for re-use or are in the public domain.88..PrivacyPrivacy8.18.1..Robert Ober trading as 'The Relaxed Dog' takes your privacy seriously and anyinformation provided through your use of the Website and/or Services aresubject to Robert Ober trading as 'The Relaxed Dog''s Privacy Policy, which isavailable on the Website.99..General DisclaimerGeneral Disclaimer9.19.1..Nothing in the Terms limits or excludes any guarantees, warranties,representations or conditions implied or imposed by law, including theAustralian Consumer Law (or any liability under them) which by law may not belimited or excluded.9.29.2..Subject to this clause, and to the extent permitted by law:(a)all terms, guarantees, warranties, representations or conditions which arenot 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 isreasonably foreseeable resulting from our failure to meet an applicableConsumer Guarantee), loss of profit or opportunity, or damage to goodwillarising out of or in connection with the Services or these Terms (includingas a result of not being able to use the Services or the late supply of theServices), whether at common law, under contract, tort (includingnegligence), in equity, pursuant to statute or otherwise.9.39.3..Use of the Website and the Services is at your own risk. Everything on theWebsite and the Services is provided to you "as is" and "as available" withoutwarranty 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 aboutthe Services or any products or Services (including the products or Services ofRobert 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 ofthe following:(a)failure of performance, error, omission, interruption, deletion, defect,failure to correct defects, delay in operation or transmission, computervirus or other harmful component, loss of data, communication line failure,unlawful third party conduct, or theft, destruction, alteration orunauthorised 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 partymaterial and advertisements on the Website);(c)costs incurred as a result of you using the Website, the Services or any ofthe products of Robert Ober trading as 'The Relaxed Dog'; and(d)the Services or operation in respect to links which are provided for yourconvenience.1010..Limitation of liabilityLimitation of liability10.110.1..Robert Ober trading as 'The Relaxed Dog''s total liability arising out of or inconnection with the Services or these Terms, however arising, including undercontract, tort (including negligence), in equity, under statute or otherwise, willnot exceed the resupply of the Services to you.10.210.2..You expressly understand and agree that Robert Ober trading as 'The RelaxedDog', its affiliates, employees, agents, contributors and licensors shall not beliable to you for any direct, indirect, incidental, special consequential orexemplary damages which may be incurred by you, however caused andunder any theory of liability. This shall include, but is not limited to, any loss ofprofit (whether incurred directly or indirectly), any loss of goodwill or businessreputation and any other intangible loss.1111..Termination of ContractTermination of Contract11.111.1..The Terms will continue to apply until terminated by either you or by RobertOber trading as 'The Relaxed Dog' as set out below.11.211.2..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' noticeof 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.11.311.3..Robert Ober trading as 'The Relaxed Dog' may at any time, terminate theTerms with you if:(a)you have breached any provision of the Terms or intend to breach anyprovision;(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.11.411.4..Subject to local applicable laws, Robert Ober trading as 'The Relaxed Dog'reserves the right to discontinue or cancel your membership at any time andmay suspend or deny, in its sole discretion, your access to all or any portion ofthe Website or the Services without notice if you breach any provision of theTerms 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 ofanother party.1212..IndemnityIndemnity12.112.1..You agree to indemnify Robert Ober trading as 'The Relaxed Dog', its affiliates,employees, agents, contributors, third party content providers and licensorsfrom and against:(a)all actions, suits, claims, demands, liabilities, costs, expenses, loss anddamage (including legal fees on a full indemnity basis) incurred, sufferedor arising out of or in connection with Your Content;(b)any direct or indirect consequences of you accessing, using or transactingon the Website or attempts to do so; and/or(c)any breach of the Terms.1313..Dispute ResolutionDispute Resolution13.1. Compulsory:13.1. Compulsory:If a dispute arises out of or relates to the Terms, either party may not commence anyTribunal or Court proceedings in relation to the dispute, unless the following clauseshave been complied with (except where urgent interlocutory relief is sought).13.2. Notice:13.2. Notice:A party to the Terms claiming a dispute ('DisputeDispute') has arisen under the Terms, mustgive written notice to the other party detailing the nature of the dispute, the desiredoutcome and the action required to settle the Dispute.13.3. Resolution: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 endeavour in good faith to resolve the Disputeexpeditiously by negotiation or such other means upon which they may mutuallyagree;(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 orrequest that an appropriate mediator be appointed by the President of the13.4. Confidential:13.4. Confidential:All communications concerning negotiations made by the Parties arising out of and inconnection 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 ofevidence.13.5. Termination of Mediation:13.5. Termination of Mediation:If 8 weeks have elapsed after the start of a mediation of the Dispute and the Dispute hasnot been resolved, either Party may ask the mediator to terminate the mediation and themediator 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 mediatorand the cost of the venue of the mediation and without limiting the foregoingundertake to pay any amounts requested by the mediator as a pre-condition to themediation commencing. The Parties must each pay their own costs associated withthe mediation;(d)The mediation will be held in Gosford, NSW, Australia.1414..Venue and JurisdictionVenue and JurisdictionThe Services offered by Robert Ober trading as 'The Relaxed Dog' is intended to beviewed by residents of Australia. In the event of any dispute arising out of or in relation tothe Website, you agree that the exclusive venue for resolving any dispute shall be in thecourts of New South Wales, Australia.1515..Governing LawGoverning 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 relatingto the Terms and the rights created hereby shall be governed, interpreted and construedby, under and pursuant to the laws of New South Wales, Australia, without reference toconflict of law principles, notwithstanding mandatory rules. The validity of this governinglaw clause is not contested. The Terms shall be binding to the benefit of the partieshereto and their successors and assigns.1616..Independent Legal AdviceIndependent Legal AdviceBoth parties confirm and declare that the provisions of the Terms are fair andreasonable and both parties having taken the opportunity to obtain independent legaladvice and declare the Terms are not against public policy on the grounds of inequalityor bargaining power or general grounds of restraint of trade.1717..SeveranceSeveranceIf any part of these Terms is found to be void or unenforceable by a Court of competentjurisdiction, 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 dogs 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 behaviour;

  • 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: [Delete this text after reading: Delete any purposes you do not intend on using personal information for. Insert any further types of purposes you do intend of using personal information for. This clause must be tailored to your business.]

  • 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 behaviour 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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Privacy Policy

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