TERMS AND CONDITIONS
Date Effective: AUGUST, 2021
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DOG TRAINING FUNDAMENTALS (the “Course”) is owned and operated by P & K Andryc Pty Ltd ACN 146 309 597 as trustee for Andryc Family trust trading as “Excel Dog Training” and DIMONDZ Pty Ltd ACN 146 130 140 582 (“EXCEL DOG TRAINING ACADEMY””we or us”).By using the Course, you agree to be bound by these Terms of Service and to use the Course in accordance with these Terms of Service, our Privacy Policy, and any additional terms and conditions that may apply to specific sections of the Course or to products and services available through the Course or from the EXCEL DOG TRAINING ACADEMY. Accessing the Course, in any manner, whether automated or otherwise, constitutes use of the Course and your agreement to be bound by these Terms of Service.
We reserve the right to change these Terms of Service or to impose new conditions on use of the Course, from time to time, in which case we will post the revised Terms of Service on this website. By continuing to use the Course after we post any such changes, you accept the Terms of Service, as modified.
Intellectual Property Rights
Our Limited License to You. This Course and all the materials available in this Course are the property of us and/or our affiliates or licensors, and are protected by copyright, trademark, and other intellectual property laws. The Course is provided solely for your personal noncommercial use. You may not use the Course or the materials available in the Course in a manner that constitutes an infringement of our rights or that has not been authorised by us. More specifically, unless explicitly authorised in these Terms of Service or by the owner of the materials, you may not modify, copy, reproduce, republish, upload, post, transmit, translate, sell, create derivative works, exploit, or distribute in any manner or medium (including by email or other electronic means) any material from the Course.
Your License to Us. By posting or submitting any material (including, without limitation, comments, blog entries, Facebook postings, photos and videos) to us via the the Course or its website, internet groups, social media venues, or to any of our staff via email, text or otherwise, you are representing: (i) that you are the owner of the material, or are making your posting or submission with the express consent of the owner of the material; and (ii) that you are thirteen years of age or older. In addition, when you submit, email, text or deliver or post any material, you are granting us, and anyone authorised by us, a royalty-free, perpetual, irrevocable, non-exclusive, unrestricted, worldwide license to use, copy, modify, transmit, use in future marketing collateral, create derivative works from, distribute, and/or publicly perform or display such material, in whole or in part, in any manner or medium, now known or hereafter developed, for any purpose. The foregoing grant shall include the right to exploit any proprietary rights in such posting or submission, including, but not limited to, rights under copyright, trademark, service mark or patent laws under any relevant jurisdiction. Also, in connection with the exercise of such rights, you grant us, and anyone authorised by us, the right to identify you as the author of any of your postings or submissions by name, email address or screen name, as we deem appropriate.
Online Commerce
You agree to be financially responsible for all purchases made by you or someone acting on your behalf for this Course. You agree to use the Course for non-commercial purposes only. You also agree not to make any purchases for speculative, false or fraudulent purposes or for the purpose of anticipating demand for a particular product or service. You agree to only purchase goods or services for yourself or for another person for whom you are legally permitted to do so. When making a purchase for a third party that requires you to submit the third party’s personal information to us or a merchant, you represent that you have obtained the express consent of such third party to provide such third party’s personal information. Breaching these terms will result in the termination of access to your course. Sharing of username and passwords with others outside the household of the account holder can result in termination of your account or place your account on hold.
Registration
To access the Course, we may ask you to provide certain demographic information including your gender, year of birth, country. In addition, if you elect to sign-up for a particular feature of the Course, such as newsletters, you may also be asked to register with us on the form provided and such registration may require you to provide personally identifiable information such as your name and email address. You agree to provide true, accurate, current and complete information about yourself as prompted by the Site’s registration form. If we have reasonable grounds to suspect that such information is untrue, inaccurate, or incomplete, we have the right to suspend or terminate your account and refuse any and all current or future use of the Course (or any portion thereof). Our use of any personally identifiable information you provide to us as part of the registration process is governed by the terms of our Privacy Policy.
Passwords
To access your Course, you will need a username and password, which you will receive through the Course’s registration process. You are responsible for maintaining the confidentiality of the password and account, and are responsible for all activities (whether by you or by others) that occur under your password or account. You agree to notify us immediately of any unauthorised use of your password or account or any other breach of security, and to ensure that you exit from your account at the end of each session. We cannot and will not be liable for any loss or damage arising from your failure to protect your password or account information.
Limitation of Liability
UNDER NO CIRCUMSTANCES, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, SHALL WE, OUR SUBSIDIARY AND PARENT COMPANIES OR AFFILIATES BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES THAT RESULT FROM THE USE OF, OR THE INABILITY TO USE, THE COURSE, THIS COURSE IS CONTINUALLY UNDER DEVELOPMENT AND EXCEL DOG TRAINING ACADEMY MAKES NO WARRANTY OF ANY KIND, IMPLIED OR EXPRESS, AS TO ITS ACCURACY, COMPLETENESS OR APPROPRIATENESS FOR ANY PURPOSE.
Training Disclaimer
The information provided in the Course has been sold as a BALANCED DOG TRAINING system. The training system requires time and effort by the user and their dog to replicate the results that are demonstrated throughout this program. JUST WATCHING THE VIDEOS won’t train your dog.
These training modules have been specifically set in a particular order to maximise the results of this program and prerequisite have been set for certain modules before advancing. If you have purchased/purchasing this course to deal with an UNWANTED BEHAVIOUR then it is important that you have established our foundations taught and tested in the early PREREQUISITE MODULES of the course first.
Prerequisite Modules
The prerequisite modules have been placed throughout this course to ensure that your dog is successfully advancing through our training program. This is structured training program and is designed to be followed in a particular order to ensure that you and your dog are advancing through this course at the right pace. Each dog advances at a different pace so it is important to work at the pace of your dogs learning ability. The prerequisite modules will have a SELF assessment at the end of the module that will need to be completed prior to advancing . Some dogs may require more time before advancing practicing the techniques taught in this module. By advancing through the assessment of these modules you are agreeing that your dog is where it needs to be and is responding to its commands 9/10 times.
Once the prerequisite modules have been passed and completed with your dog you may advance to specific related training modules as required. For example DEALING WITH UNWANTED BEHAVIOURS.
EXCEL DOG TRAINING ACADEMY DOES NOT PROMISE OR GUARANTEE ANY PARTICULAR RESULTS FROM THE INFORMATION CONTAINED HEREIN.THOSE RESULTS ARE YOUR RESPONSIBILITY BASED ON HOW YOU APPLY WHAT YOU HAVE LEARNT. (JUST WATCHING THE TRAINING VIDEOS WON’T TRAIN YOUR DOG.) IN PARTICULAR, EXCEL DOG TRAINING ACADEMY SHALL NOT BE LIABLE TO USER OR ANY OTHER PARTY FOR ANY DAMAGES, OR COSTS, OF ANY CHARACTER INCLUDING BUT NOT LIMITED TO DIRECT OR INDIRECT, CONSEQUENTIAL, SPECIAL, INCIDENTAL, OR OTHER COSTS OR DAMAGES, IN EXCESS OF THE PURCHASE PRICE OF THIS COURSE. THESE LIMITATIONS MAY BE AFFECTED BY THE LAWS OF PARTICULAR STATES AND JURISDICTIONS AND AS SUCH MAY BE APPLIED IN A DIFFERENT MANNER TO A PARTICULAR USER.
Our Fairs Fair Refunds Policy
Training your Dog takes more than just watching videos. This Digital dog training product can not be returned to us after a refund is processed and you can’t return our information and expertise after you’ve watched it, however we still want you to feel secure with your purchase which is why we offer our Fairs-fair 60-day Moneyback Guarantee to customers who can genuinely SHOW US that they have followed the training program and believe we still haven’t delivered what we said we would.
To expedite the refund process we require a detailed description outlining how the course failed to meet your expectations. This will allow us to review your request, make improvements to the course or the descriptions we use to promote it.
In order to apply for a refund please follow these steps
1. Contact us within 60 days of your purchase via email academy@exceldogtraining.com.au
2. Tell us why you want a refund.
3.Give us the opportunity to make it right
4. If you still aren’t satisfied, we will issue a full refund without further delay.
This is our Fairs-Fair Refund Policy
If we do process your refund you will no longer have access the training program or any of it’s contents
Other
The Digital Millennium Copyright Act of 1998 (the “DMCA”) provides recourse for copyright owners who believe that material appearing on the Internet infringes their rights under Australian copyright law. If you believe in good faith that materials hosted by EXCEL DOG TRAINING ACADEMY infringe your copyright, you, or your agent may send to EXCEL DOG TRAINING ACADEMY a notice requesting that the material be removed or access to it be blocked. Any notification by a copyright owner or a person authorised to act on its behalf that fails to comply with requirements of the DMCA shall not be considered sufficient notice and shall not be deemed to confer upon EXCEL DOG TRAINING ACADEMY actual knowledge of facts or circumstances from which infringing material or acts are evident. If you believe in good faith that a notice of copyright infringement has been wrongly filed against you, the DMCA permits you to send to EXCEL DOG TRAINING ACADEMY a counter-notice. All notices and counter notices must meet the then current statutory requirements imposed by the DMCA Copyright Agent for notice of claims of copyright infringement or counter notices can be reached as follows: support@exceldogtrainingacademy.com
This Agreement shall be binding upon and inure to the benefit of EXCEL DOG TRAINING ACADEMY and our respective assigns, successors, heirs, and legal representatives. Neither this Agreement nor any rights hereunder may be assigned without the prior written consent of EXCEL DOG TRAINING ACADEMY Notwithstanding the foregoing, all rights and obligations under this Agreement may be freely assigned by EXCEL DOG TRAINING ACADEMY to any affiliated entity or any of its wholly owned subsidiaries.
Dispute Resolution:
These Terms of Use shall be governed by and construed in accordance with the laws of the State of Queensland Australia and any dispute shall be subject to binding arbitration in Queensland Australia. If any provision of this agreement shall be unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from this agreement and shall not affect the validity and enforceability of any remaining provisions.
Class Action Waiver
You may only resolve disputes with us on an individual basis, and may not bring a claim as a plaintiff or a class member in a class, consolidated, or representative action. Class arbitrations, class actions, private attorney general actions, and consolidation with other arbitrations aren’t allowed.
The arbitrator may not consolidate more than one person’s claims, and may not otherwise preside over any form of a class or representative proceeding or claims (such as a class action, consolidated action or private attorney general action) unless all relevant parties specifically agree to do so following initiation of the arbitration.
Severability
If any clause within this Provision (other than the Class Action Waiver clause above) is found to be illegal or unenforceable, that clause will be severed from this Provision, and the remainder of this Provision will be given full force and effect. If the Class Action Waiver clause is found to be illegal or unenforceable, this entire Provision will be unenforceable and the dispute will be decided by a court.