PET EDUCATION AND TRAINING PRIVACY, MEMBERSHIP and TERMS OF USE AGREEMENT
Welcome to Pet Education and Training online training (the “Site”). Please read this Privacy, Membership and Terms of Use Agreement (the “Agreement”) carefully before using this Site. By using the Site, you accept and agree to the terms and conditions (the “Terms”) contained hereunder and those referred to in this agreement. If you do not agree to these Terms and please do not use the Site. We may change the Terms from time to time, and it is your responsibility to review them periodically to make sure that you are up to date on the guidelines.
General
This Site is owned and operated by Caroline Clark, T/A Pet Education and Training (hereafter Pet Education and Training). The Site offers Users (as defined below) access to information, resources and interpersonal networking sites and other content assets owned or licensed by Pet Education and Training.
Please note that all visitors and members in any category will be referred to hereafter as “User” in this Agreement. Each User must be 18 years or older to establish a “Member Profile”. “Member Profile” means the account registered to any User pursuant to the registration procedures for the Site (the “Account”). The Terms of this Agreement apply to all Users. The User for any Member Profile Account is entirely liable for all activities conducted through that Account.
Personal Information
When you register yourself as a Member of Pet Education and Training online training you must provide the requested contact information and general information about you and your organisation. We will also ask you to create a Username and Password. This information allows us to maintain a Member Profile for each Member so that we have a better understanding of the needs of our Members. As a registered Member you will be automatically placed on a list to receive the Pet Education and Training email newsletter that is sent to all Members throughout the year.
We may use the information we collect during the registration process occasionally to notify you about important functionality changes to the website and new courses added to the online training provision.
Non-transferability of Membership
As a registered Member of this Site Pet Education and Training grants you a personal, non-exclusive, non-assignable, and non-transferable license to use and display the information offered by the Site on any machine(s) of which you are the primary user. You acknowledge that you may not sublicense, transfer, sell, or assign this license or the Site without written authorisation from Pet Education and Training. Any attempt to sublicense, transfer, sell, loan, or assign the license may result in its immediate termination and further action to be taken.
Intellectual Property Rights
Users of the Site acknowledge that the duplication and/or redistribution of content, information, data, or other intellectual property gained through exclusive access to the Site to any other party would be a violation of applicable copyright laws and therefore would cause harm to the Site. Members hereby agree that duplication and/or redistribution of any materials to any non-member is strictly prohibited.
Security
As part of the registration process each Member will select a Username and Password. You shall provide Pet Education and Training with accurate, complete, and updated information. You agree to notify Pet Education and Training by email of any known or suspected unauthorised use(s) of your User Account, or any known or suspected breach of security, including loss, theft, or unauthorised disclosure of your Username and/or Password. You shall be responsible for maintaining the confidentiality of your Password. Any fraudulent, abusive, or otherwise illegal activity may be grounds for termination of your User Account at Pet Education and Training’s sole discretion.
Personal Information Security
Pet Education and Training provides standard web security measures to maintain the safety and security of your personal information but cannot be held responsible for any breaches of security. We recommend that, if you share your computer or use a computer that is accessed by the general public, you remember to close your browser window when you have finished your session. This will help to ensure that others cannot access your personal information.
Personal Information to Other Parties
Pet Education and Training does not sell or otherwise transfer email addresses or other general information that visitors voluntarily provide in any registration process. This information is collected and used to understand Users’ use of the Site and to support related transactions made on the site. Pet Education and Training may use email addresses and other personally identifiable information to communicate with Users who initiate communications with Pet Education and Training.
Pet Education and Training may disclose your personally identifiable information if we believe in good faith that we are required to do so in order to comply with applicable law, a court order or other legal process. We may also disclose this information if we have reason to believe that disclosing this information is necessary to identify, contact or bring legal action against someone who may be violating our Terms or Site or to protect the safety of our Users and the public.
Cookies
Cookies are bits of electronic information that a website can transfer to a User’s hard drive to help tailor and keep records of his or her visit to the site. Cookies allow website operators to customise site visits to the visitor’s individual preferences. The use of cookies is standard on the Internet and most major websites use them. Although most web browsers automatically accept cookies, you can usually change your browser to prevent or notify you whenever you are sent a cookie. This gives you the opportunity to decide whether or not to accept it. The Site will attempt to install a cookie to your browser that will enable it to recognise you whenever you return to the site. This action will expedite your access to various benefits and materials. If you choose not to allow the Sites cookie to be installed to your browser, please be aware that you may have difficulty accessing some content assets.
Termination and Refunds
Refunds cannot be made once the course material has been accessed and the course has been commenced. Refunds may be considered in other circumstances at the sole discretion of Pet Education and Training. Pet Education and Training may terminate your account or access rights to this Site immediately without notice, if in Pet Education and Training’s sole discretion, you fail to comply with any term or provision of this Agreement. Upon termination, you must destroy all materials obtained from this Site and all copies thereof. Pet Education and Training may terminate the Site, or any element of the Site, at any time without notice.
Third Party Links
In an attempt to provide increased value to Users, Pet Education and Training may provide various third party website links from this website. However, even if the third party is affiliated with Pet Education and Training, Pet Education and Training has no control over these linked sites who may each have separate privacy and data collection practices, and who are independent of Pet Education and Training. Pet Education and Training has no responsibility or liability for these independent policies or actions and no such party is responsible for the privacy practices or the content of such websites. These linked sites are only for your convenience and you therefore access them at your own risk. Nonetheless, Pet Education and Training seeks to protect the integrity of its website and the links placed upon it and therefore requests feedback on not only its own site, but on sites it links to as well as the veracity of any link.
Third Party Content
We do use some content material supplied by third parties. Any opinions, advice, statements, sites, offers, or other information or content expressed or made available by third parties, or any other user of the Site, are those of the respective author(s) or distributor(s) and not of Pet Education and Training.
Solicitation and Advertising
You may not use this Site to send unsolicited advertising, promotional material, or other forms of solicitation to other users.
Infringement
You are prohibited by this Terms of Use Agreement and by law from engaging in acts of copyright, trademark, patent, trade secret or other intellectual property or proprietary infringement.
Adult and Offensive Material
Pet Education and Training prohibits the transfer or posting on this Site of content deemed discriminatory or offensive by Pet Education and Training according to community standards and applicable laws and regulations.
Disclaimer of Warranty; Limitation of Liability
Each User expressly agrees that use of the Site is at his or her sole risk. We do not warrant that the Site will be uninterrupted or error free; nor do we make any warranty as to the results that may be obtained from use of the Site or as to the accuracy, reliability or content of any information provided through the Site. The disclaimer of liability contained in this section applies to any damages or injury caused by any failure of performance, error, omission, interruption, deletion, defect, delay in operation or transmission, computer virus, communication failure, theft or destruction or unauthorised access to, alteration of, or use of record, whether for breach of contract, negligence, or under any other cause of action.
Pet Education and Training cannot be held responsible for the outcome of any first aid treatment that you provide to an animal and you, the user, agree to accept all responsibility for carrying out first aid treatment or applying behavioural/training techniques. Pet Education and Training does not warrant to make any representations or guarantee that you will achieve any specific results or reach a successful outcome when carrying out first aid treatment or behaviour modification techniques or training to an animal by using the site or Pet Education and Training’s technology, advice or training services.
Each User specifically acknowledges that Pet Education and Training is not liable for the defamatory, offensive or illegal conduct of other third parties, subscribers, or other Users of the Site and that the risk of injury from the foregoing rests entirely with each User. Subject to the maximum permitted exclusions applicable by law in no event will Pet Education and Training or any person or entity involved in creating, producing or distributing the Site be liable for any direct (including loss of profit and/or revenue), indirect, incidental, special or consequential loss or damages arising out of the use of or inability to use the Site or out of the breach of any warranty.
Each User hereby acknowledges that the provisions of this section shall apply to all content on the Site. Pet Education and Training neither endorses nor is responsible for the accuracy or reliability of any opinion, advice or statement on the Site, nor for any offensive, defamatory or obscene posting made on the Site by anyone other than by Caroline Clark T/A Pet Education and Training. Under no circumstances will Pet Education and Training be liable for any loss or damage caused by reliance on information obtained through postings on the Site.
Pet Education and training does not endorse, warrant nor guarantee any product or sites offered by a third party through the Site and will not be a party to or in any way monitor any transaction between Users and third party providers of products or sites. As with the purchase of a product or site through any medium or in any environment, each User should use his or her best judgment and exercise caution where appropriate. Each User specifically acknowledges that in no event will Pet Education and Training be liable for any direct, indirect, incidental, special or consequential loss and/or damages arising out of (i) the use by such User of any browser owned or operated by any third party and/or (ii) the downloading of any software owned or operated by any third party.
Monitoring
We shall have the right, but not the obligation, to monitor the content of the Site to determine compliance with this Agreement as updated from time to time and established by us. We shall have the right in our sole discretion to edit, refuse to post or remove any material submitted to or posted on the Site. Without limiting the foregoing, we shall have the right to remove any material that we, in our sole discretion, find to be in breach of the provisions hereof or, otherwise objectionable. Notwithstanding this right, Users shall remain solely responsible for the content of their messages. Each User acknowledges and agrees that neither Pet Education and Training nor any third party content provider shall assume or have any liability for any action or inaction by Pet Education and Training or any third party content provider with respect to any conduct, communication or posting on the Site.
Policy Changes
By using the Site, Users consent to the collection and use, as described herein, of information by Pet Education and Training If we decide to change this Agreement, we will post those changes on this page so that you are always aware of them.
Feedback
Pet Education and Training welcomes your questions, comments, and concerns about this Site, and our Privacy and Terms of Use statements. If you have questions or need more information, please contact Pet Education and Training via email carolineclark@peteducationandtraining.co.uk
Affiliates
Termination and Closure of Inactive Accounts
We do not place any obligation on our Affiliates to meet quotas or guarantee sales. However, if any Affiliate Account is inactive for a period of one (1) year then we will close that account, meaning any clicks using the unique link associated with that account will no longer be registered to that account and no commission will be payable in respect of any sales coming through that link.
You can choose to end your membership of our Affiliate programme, for any reason, by giving us thirty (30) days’ written notice. We will then close your account, meaning any clicks using your unique link will no longer be registered to your account. Any commission which has not already been paid to you at the date that your account is closed will be paid through to you within two (2) months of your account being closed.
We can terminate your membership of our Affiliate programme at any time, for any reason, by giving you fourteen (14) days’ written notice. At the end of this fourteen (14) day period we will close your account, meaning any clicks using your unique link will no longer be registered to your account. Any commission which has not already been paid to you at the date that your account is closed will be paid through to you within two (2) months of your account being closed.
We can also terminate your membership of the Affiliate programme with immediate effect if you breach any of these Terms and do not remedy that breach (if capable of remedy) within fourteen (14) days of notice from us. If you do not correct the relevant breach within this time period we will close your account, meaning any clicks using your unique link will no longer be registered to your account. Once your account has been closed no further commission will be payable, including any commission which has accrued to your account but not yet been paid to you.
In addition to the termination provisions above, either you or we will be entitled to terminate your membership immediately by notifying the other in writing if the other is declared bankrupt, enters into insolvency or administration proceedings.
The rights to terminate set out above do not prejudice any other right or remedy available to you or us.
If your membership of our Affiliate Programme is terminated for any reason you will be entitled to receive any unpaid commission registered on your Affiliate Account, unless payment is excluded for any reason set out in the above paragraphs. You will not be entitled to, or have any claim against Pet Education and Training for, compensation of any sort.
Unless these Terms state otherwise, on termination of your Affiliate Account neither you nor we will have any further obligation to the other under these Terms.
Mentorship Programme
- Application of terms and conditions
1.1. These terms and conditions (“Terms”) apply to PET Courses Mentorship Programme and any other materials such as template documents (“Programme”) operated by or provided by Pet Education and Training of Lutton House, East Lutton, Malton, YO17 8TG (“we” or “us”). By registering to be a participant in our Programme or by downloading any of our materials, you agree to the following Terms and that these prevail over any inconsistent terms or conditions contained, or referred to, elsewhere or as implied by law, trade custom, practice or course of dealing. The agreement between us and you, the person or entity registering to be a Participant in the Programme or downloading any materials (“you”) and which is subject to these Terms (“Contract”), shall come into effect upon you purchasing the Programme or downloading any materials from us and shall continue until terminated in accordance with these Terms.
1.2. These Terms should be read in conjunction with our Website Terms of Use, Privacy Policy and Acceptable Use Policy (all of which can be found on our website www.petcourses.co.uk (“site”)).
1.3. Any content posted or submitted by you to our site in the course of the Programme is subject at all times to the Acceptable Use Policy. 2.4. Where you are a corporate entity, “you” as used in these Terms shall be deemed to include your officers and employees and you shall procure that such officers and employees fully comply with these Terms.
- Programme
2.1. The Programme will be provided week by week and shall be delivered as detailed on the sales page that you clicked on to make your order.
2.2. Most of the content of the PET Courses Mentorship Programme is provided online and is held on third party secure servers. We have taken all reasonable steps to ensure that the online content will be available at all times but in the event that such content is not available in whole or in part at any time, or becomes corrupted, is deleted or is failed to be stored, we shall have no liability in any circumstances.
2.3. You agree to keep user details and your password for the site confidential at all times and not disclose them to any third party. You must notify us immediately if you become aware of any unauthorised use of your account and you shall indemnify us against all claims, damages, losses, costs or expenses (including professional fees) and any other liability which arises from any unauthorised use of your account.
2.4 Caroline Clark’s PET Courses Mentorship Programme does not in any way constitute behavioural, psychological or business advice. We are not able to advise you on these matters other than through another entity, which would involve a separate fee. The only assistance we can provide with the template documents is technical assistance if the documents won’t download or save or you have problems viewing the videos.
2.5 Free access to specified courses within our PET Courses & Webinars site (www.petcourses.co.uk) is strictly for the duration of PET Courses Mentorship Programme membership. The access to these courses for free will be rescinded upon cancellation of PET Courses Mentorship Programme.
- Payment
3.1. The monthly price payable to subscribe to Caroline Clark’s PET Courses Mentorship Programme is as set out on the subscription order form. All payments shall be made monthly in advance.
3.2. You shall make all payments via a valid debit/credit card.
3.3 Where payments are stated to be recurring, you authorise us to charge your debit card or credit card as appropriate without your further consent.
3.4. The total price payable as set out in the summary of key terms is exclusive of Value Added Tax (or other applicable sales tax) which shall be added at the applicable rate where necessary. (Currently EU countries outside of the UK.) Please note that this varies from country to country.
3.5. All payments are non-refundable. Please see paragraph 6.2 below.
- Our obligations
4.1. We warrant to you that the Programme and Programme materials purchased from us through our site is of satisfactory quality and reasonably fit for the purpose for which the Programme is supplied.
4.2. Other than as set out in paragraph 4.1 above, all warranties and representations are excluded to the fullest extent permitted by law. Due to the nature of online education and the fact that your success is dependent on a number of factors over which we have no control, we do not guarantee any particular results.
4.3. We will endeavour to ensure that all information that we provide is accurate and up-to-date but we shall not be liable for any claims arising from such information being inaccurate or not up-to-date or otherwise.
4.4. You acknowledge and agree that your personal data will be processed by and on behalf of us as part of us providing the Programme to you.
- Intellectual Property
5.1. Caroline Clark is the owner or the licensee of all Intellectual Property Rights and all other rights in the Programme. Programme materials and all content within the Programme and nothing in these Terms or otherwise shall operate to transfer the ownership of the Intellectual Property Rights in the Programme or the content of the Programme to you or to any other person.
5.2. You may not at any time copy, reproduce, publish in any form, share, sell, distribute, dispose of or otherwise make available to a third party in any way any of the content or materials contained in the Programme.
5.3. We grant to you a limited, non-exclusive, non-transferable, non-sub licensable revocable licence to use all or any of the content of the Programme for the purposes for which the Programme were provided only.
5.4. Except as set out in paragraph 5.3, you may not use any of our intellectual property rights at any time except where duly licensed. Use of our name or logo is strictly prohibited without our prior written consent.
5.5. You may not without our prior written consent make any audio or visual recordings of any part of our Programme.
5.6. We may from time to time record live events and Programmes where you may be in attendance. You authorise us to use your image and voice in any such recordings without payment, other condition or need for further consent.
5.7. You acknowledge that certain information contained in the Programme is already in the public domain.
5.8. You are not permitted to sell or promote products or services to other participants in the Programme at or during any part of our Programme without our prior written permission.
5.9. The provisions of this paragraph 5 shall survive termination of the Contract.
- Term and termination
6.1. The Contract shall continue until you terminate your subscription to the Programme when the Contract shall expire other than for the Terms that are specifically stated to remain in force.
6.2. You may terminate the Contract at any time by contacting us, although if a payment is due within this 28 day period, this will still be taken and materials will be delivered and available until your cancellation is processed. Fees already paid are non-refundable, even in the first month. As the services provided for that given month are immediately accessible, no ‘cooling off’ or refund period for online/distance selling shall apply.
- Cancellation between 6 and 12 weeks prior to the course start date will incur 50% of full course fee.
- Cancellation less than 6 weeks prior to course start date will incur 100% of full course fee.
- In the event of the course being cancelled by Caroline Clark, a full refund of your course fee will be made.
6.3. Notwithstanding the provisions of paragraph 6.1 or 6.2, either of us may terminate the Contract on written notice to the other with immediate effect if at any time: 6.3.1. The other commits any serious or repeated breach or non-observance of any of the provisions of these Terms; or 6.3.2. The other (i) makes a resolution for its winding up, (ii) makes an arrangement or composition with its creditors, (iii) makes an application to a court of competent jurisdiction for protection from its creditors, (iv) is unable to pay its debts, (v) ceases trading or an administration or winding-up order is made or an administrator or receiver is appointed in relation to such party, (vi) is declared bankrupt or (vii) is convicted of a custodial offence (other than a road traffic offence); or 6.3.3. The other party commits any fraud or dishonesty or acts in any manner which in the opinion of the terminating party brings or is likely to bring the terminating party into disrepute or is materially adverse to the interests of the terminating party.
6.4. On or before the date of termination of the Contract, you shall immediately pay any sums payable under these Terms (which for the avoidance of doubt shall include any remaining instalments regardless of the point at which the Contract is terminated).
6.5. Termination of this agreement shall not affect either of our accrued rights, remedies, obligations and liabilities of either of us as at the date of termination of this Contract, including the right to claim damages in respect of any breach of the Contract which existed at or before the date of termination. 6.6. Any delay by us in exercising our right to terminate the Contract shall not constitute a waiver of our right to terminate or to seek any other remedy.
6.7. Paragraphs which expressly or by implication have effect after termination of the Contract shall continue in full force and effect after the date of termination of the Contract.
6.8. This paragraph 6 shall survive termination of the Contract.
6.9. Where the Contract expires, this shall be treated as a termination for the purposes of paragraph 6.7 and all other paragraphs that refer to “termination”.
6.10. As mentioned, any free access to courses within our PET Courses & Webinars site (www.petcourses.co.uk) shall be rescinded upon membership termination.
- Liability
7.1. We shall not be liable for any loss of profits, loss of business, depletion of goodwill and/or similar losses, loss of anticipated savings, loss of goods, loss of contract, loss of corruption of data or information or any special, indirect, consequential or pure economic loss, costs, damages, charges or expenses suffered or incurred by the you as a result of you entering into the Contract and/or us providing the Programme.
7.2. Our total liability in contract, tort (including negligence or breach of statutory duty), misrepresentation, restitution or otherwise arising in connection with the performance or contemplated performance of the Contract shall in all circumstances be limited to the lower of (a) the total price paid by you for the Programme, or (b) the price paid by you for the Programme in the previous month.
7.3. If we are prevented from or delayed in performing our obligations by your act or omission or by any circumstance outside of our control, (including without limitation any technical issue or the failure of any telecommunication system), we shall not be liable to you for any costs, charges or losses sustained or incurred by you that arise directly or indirectly from such prevention or delay.
7.4. We shall not be not liable for additional costs incurred by you as a result of changes in (i) the Programme, (ii) any other content. In the case of physical events, (iii) changes to the location of venues, (iv) the time and date of sessions or (v) trainers, instructors or coaches.
7.5. Nothing in this paragraph 7 shall limit our liability for death or personal injury caused by our negligence or for our fraud or fraudulent misrepresentation or for any matter for which it would be illegal for us to exclude, or attempt to exclude, our liability.
7.6. The provisions of this paragraph 7 shall survive termination of the Contract.
7.7. You acknowledge and agree that: 7.7.1. The Contract constitutes the entire agreement and understanding between us and supersedes any previous arrangement, understanding or agreement between us relating to the provision of the Programme (which shall be deemed to have been terminated by mutual consent); 7.7.2. in entering into the Contract you have not relied on any undertaking, promise, assurance, statement, representation, warranty or understanding (whether in writing or not) of any person (whether party to the Contract or not) relating to the provision of the Programme other than as expressly set out in the Contract.
- General
8.1. By registering for our Programme you warrant that: 8.1.1. You are legally capable of entering into binding contracts; and 8.1.2. You are at least 18 years old; and 8.1.3. That all information you provide us with is materially true and accurate at all times and not misleading in any way.
8.2. You accept that communication with us will be mainly electronic. We will contact you by e-mail or provide you with information by posting notices on our site. You agree to this electronic means of communication and you acknowledge that all contracts, notices, information and other communications that we provide to you electronically comply with any legal requirement that such communications be in writing. This condition does not affect your statutory rights.
8.3. We may vary these Terms (other than the price payable by you for the Programme) as we see fit from time to time and if we do, we shall notify you by email of the change of terms. Your continuation with the Programme will be deemed to be your acceptance of any new Terms.
8.4. The Contract is personal to you and you may not assign, transfer, charge, subcontract, sub-license or deal in any other manner with all or any of your rights under the Contract.
8.5. We may transfer, assign, charge, sub-contract or otherwise dispose of a Contract, or any of our rights or obligations arising under it, at any time during the term of the Contract.
8.6. If we fail to insist upon strict performance of any of your obligations under the Contract, or if we fail to exercise any of the rights or remedies to which we are entitled under the Contract, this shall not constitute a waiver of such rights or remedies and shall not relieve you from compliance with such obligations. A waiver by us of any default shall not constitute a waiver of any subsequent default. No waiver by us of any of these Terms shall be effective unless it is expressly stated to be a waiver and is in writing.
8.7. If any of these Terms are determined by any competent authority to be invalid, unlawful or unenforceable to any extent, such term, condition or provision will to that extent be severed from the remaining terms, conditions and provisions which will continue to be valid to the fullest extent permitted by law.
8.8. A person who is not a party to the Contract shall not have any rights under the Contracts (Rights of Third Parties) Act 1999 to enforce any term of the Contract.
8.9. The rights of the parties to terminate, rescind or agree any variation, waiver or settlement under the Contract are not subject to the consent of any person that is not a party to the Contract.
8.10. The Contract and any dispute or claim arising out of or in connection with it or its subject matter or formation (including non-contractual disputes or claims) shall be governed by and construed in accordance with English law.
8.11. We each irrevocably agree that the courts of England and Wales shall have exclusive jurisdiction to settle any dispute or claim that arises out of or in connection with the Contract or its subject matter or formation (including non-contractual disputes or claims).
8.12. Unless the context otherwise requires, a reference to one gender shall include a reference to the other gender.