Terms and Conditions of Trade

1 DEFINITIONS

1.1 "Booking Portal" shall mean the electronic booking system used by Us at thecaninecounsellor.propetware.com that You have been provided access to.

1.2 "Intake Form" shall mean the electronic form You filled out at www.thecaninecounsellor.co.nz/intake-form/ to indicate the Services to be provided to You.

1.3 "Material Behavioural Issues" shall mean all behavioural issues and tendencies that Your Dog displays that require attention or that You would like addressed in the provision of the Services.

1.4 "Price" shall mean the all-inclusive cost of the Services provided to You as agreed between Us and You, as further described in clause 3.

1.5 "Services" shall mean the services you have indicated shall be provided to you on the Intake Form as well as any other services requested via the Booking Portal or other form of communication.

1.6 "Significant Behavioural Issues" shall mean behavioural issues including, but not limited to, extreme aggression, growling and biting or attempting to bite, significant disobedience and tendencies that Your Dog displays that are of a nature that may endanger Us, the public or Your Dog.

1.7 "We", "Our" and "Us" shall mean The Canine Counsellor Limited (company number 6344833).

1.8 "You" and "Your" shall mean you, the customer(s) (jointly and severally) who have accepted these Terms and Conditions by ticking "I have read and agree to this agreement" and filling in your full name in the Booking Portal or the Intake Form.

1.9 "Your Dog" shall mean dog(s) in relation to which we are to provide the Services.

2 ACCEPTANCE

2.1 Acceptance of these Terms and Conditions by You shall constitute a binding contract and acceptance by You of their contents.

3 PRICE

3.1 The Price that You will pay for the Services shall be the sum shown on the Booking Request or Confirmation email or in the Booking Portal.

3.2 If You decide to change the Services You require prior to the commencement of the provision of the Services, We reserve the right to charge You for those changes, in line with Our usual pricing structure. Payment of any additional amount will be payable in accordance with clause 4.1.

3.3 We reserve the right to charge a goods and services tax, where applicable, pursuant to the Goods and Services Tax Act 1985, or any similar tax charged in substitution of that tax.

4 PAYMENT

4.1 Payment for the provision of the Services shall be made prior to the commencement of a booking. The booking may not be confirmed without payment. Some Services may require a deposit or the full balance to be paid in advance, this will be communicated within an email from Us to You from the Booking Portal. Payment for the provision of any other services shall be made within seven (7) days of the date of issue of an invoice by Us to You.

4.2 We reserve the right to render an invoice at any time We consider to be reasonable (this may be in advance, during or following the Services being provided).

4.3 Failure to make payment of any amount due under clause 3.1 or 3.2 when it falls due may result in the provision of Services at a later date being withheld until payment has been made. All agreements between Us and You for the provision of Services previously entered into will be suspended until payment has been made.

4.4 Any expenses, disbursements and legal costs (on a solicitor-client basis) incurred by Us in the enforcement of any of Our rights or Your obligations contained in these Terms and Conditions shall be paid by You, including any reasonable solicitor's fees or debt collection agency fees.

5 THE SERVICES

5.1 We will provide the Services to You as agreed in a diligent and professional manner.

5.2 While every effort will be made to provide the Services to You, We reserve the right to refuse to commence or continue the provision of Services to You on the grounds that Your Dog presents Significant Behavioural Issues; or that those Significant Behavioural Issues have not been disclosed; or on any other basis We think fit. In this instance, every attempt will be made to refer You to another provider of services better suited to address Your Dog's needs, but We cannot guarantee that We can do so.

5.3 We reserve the right to refuse to commence or continue the provision of Services to You on the grounds that additional Services beyond that initially agreed between You and Us are required. We reserve the right to adjust or alter the Services provided to You following an assessment of Your Dog.

6 ACKNOWLEDGEMENTS

6.1 You acknowledge that:

6.1.1 In the provision of the Services, there is a possibility that Your Dog may fall ill or be injured, and that We are not liable for any illness suffered or injury that may be sustained by Your Dog during the provision of the Services.

6.1.2 In the provision of the Services, Your Dog may escape Our custody (despite Our best efforts to prevent this from occurring), and that We are not liable in any respect on such an occurrence.

6.1.3 In the provision of the Services, it is possible that We will take Your Dog off private property and into public spaces and that You are solely liable for any injury or damage that may be caused by Your Dog to any other person, animal or property.

6.1.4 In providing the Services to You, We do not guarantee any particular outcome will follow from the provision of the Services.

6.1.5 In the unlikely event that Your Dog requires immediate veterinary attention during the provision of the Services, We will take all reasonable steps to obtain the required veterinary attention and that We are not liable for any consequences that arise as a result of obtaining that veterinary attention including but not limited to the costs associated with that veterinary attention where it is later established that the veterinary attention was not required immediately.

6.1.6 In the event that it is clear to Us that Your Dog requires veterinary attention during the provision of the Services, but that veterinary attention is not immediate or urgent, We will discuss with You the requirement for veterinary attention and seek your approval prior to obtaining veterinary attention for Your Dog. If You provide Your approval, You acknowledge that the costs of such attention are to be paid by You.

7 WARRANTIES

7.1 You warrant to Us that:

7.1.1 You have disclosed to Us all of Your Dog's Material Behavioural Issues and Significant Behavioural Issues.

7.1.2 Your Dog is registered and microchipped in accordance with the Dog Control Act 1996 at all times during the provision of the Services.

7.1.3 Your Dog will be available for us to pick up for “Pack Days” on their recurring day, or face a full charge for no notice of suspension of service given by 7AM the morning of the service date.

7.2 We warrant to You that:

7.2.1 At all times during the provision of the Services, We will take care of Your Dog to the reasonable standard expected of a professional in our industry.

8 PRIVACY

8.1 In providing Services to you, We may need to collect some of Your personal information.

8.2 We will not provide any of Your personal information to any third party unless We are required by any law to do so or We believe that providing it is appropriate or required in order for us to comply with any law, facilitate court proceedings or in order to protect Our rights under these Terms and Conditions.

9 INDEMNITY

9.1 You indemnify Us for any loss, damage or expense (including costs on a solicitor-client basis) suffered by Us, resulting from the breach of these terms and conditions by You.

10 CANCELLATION OF BOOKING

10.1 The cancellation of the provision of Services that are "Pack Days" will take effect fourteen (14) days after You notify Us of Your intention to cancel those Services.

10.2 The cancellation of the provision of Services that are “Pack Days” at the Behavioural Rate cannot be within the first three (3) months of the commencement of the service for that dog.

10.3 The cancellation of the provision of all other Services will take effect twenty-four (24) hours after You notify Us of Your intention to cancel those Services, unless otherwise stated in a communication from Us when confirming a booking or request.

10.4 Any payment made for the provision of Services after the date that the cancellation shall take effect will be refunded to You, unless otherwise stated in a communication from Us when confirming a booking or request.

10.5 We reserve the right to render an invoice for all Services that were cancelled with less than fourteen (14) days' notice.

10.6 You can suspend provision of the Services for a period not exceeding fourteen (14) days' provided You notify Us of the need to suspend the provision of Services no less than fourteen (14) days' before the suspension is to take effect.

10.7 We reserve the right to cancel, suspend or postpone provision of the Services to You on any ground we see fit.

11 DEFAULT

11.1 The following shall constitute default by You

11.1.1 Non-payment of the Price as invoiced when due.

11.1.2 Breach of any of the warranties or any part of the Price given by You in clauses 7.1.1-7.1.2.

11.2 In the event of default by You, We may exercise any (or all) of the following remedies:

11.2.1 Order You to pay the full Price to Us;

11.2.2 Refuse to provide you with Services previously arranged; or

11.2.3 Institute proceedings in any suitable court or tribunal to take any action that we might deem to be necessary as a result of Your default.

12 LIABILITY

12.1 In the unlikely event that We are unable to provide You with all or any part of the Services, Our maximum liability to You will be the amount of the Price for those Services paid by You in advance of the provision of the Services.

12.2 Notwithstanding the provisions of clause 12.1, We will not be liable to You for any loss or damage You may suffer, or Our failure to provide the Services as a result of any natural disaster, fire, armed conflict, labour dispute, civil commotion, governmental intervention, accident, severe weather event or other matter beyond our control.

12.3 The Consumer Guarantees Act 1993, the Fair Trading Act 1986 and other statutes may imply warranties or conditions or impose obligations upon Us which cannot by law (or which can only to a limited extent by law) be excluded or modified. In respect of any such implied warranties, conditions or terms imposed on Us, liability shall, where allowed, be excluded or if not able to be excluded only apply to the minimum extent required by the relevant statute.

12.4 Except as otherwise provided by clause 12.3 We do not accept any liability to You or any third party for any loss or damage of any kind suffered by You or any third party arising directly or indirectly out of these terms and conditions.

13 MISCELLANEOUS

13.1 If any provision of these terms and conditions shall be invalid, void, illegal or unenforceable the validity, existence, legality and enforceability of the remaining provisions shall not be affected.

13.2 These terms and conditions shall be governed by the Laws of New Zealand. The parties agree to submit to the jurisdiction of the New Zealand Courts.