Terms And Conditions
Welcome to Dog ZenTM
Here are the terms and conditions (terms and conditions) that apply to your access to and use of Animal on Q Limited’s (we, us, or our):
- (a) websites, being http://dogzen.com, http://markvette.com, http://dogzendo.com or such other websites (at such other addresses) as are made available by us from time to time (website);
- (b) digital content, that we make available to you via our website or otherwise, including the Dog Zen Online Training Program; and
- (c) products, that we make available to you via our websites,
(together our Online Products and Services).
By registering for, purchasing, accessing, downloading and/or using any of the Online Products and Services, you agree that you are at least 18 years of age and that you will be bound by these terms and conditions.
These terms and conditions and the Online Products and Services are governed by New Zealand law and the Courts of New Zealand have exclusive jurisdiction in respect of any matter concerning the use of our Online Products and Services. If any term is not enforceable for any reason, the remainder of the terms and conditions will remain enforceable. The United Nations Conventions on Contracts for the International Sale of Goods (1980) shall not apply to or govern these terms and conditions or any aspect of any dispute arising under these terms and conditions.
THESE TERMS AND CONDITIONS ARE IN ADDITION TO AND DO NOT EXCLUDE, RESTRICT OR LIMIT ANY RIGHTS YOU HAVE UNDER CONSUMER LAW IN THE COUNTRY FROM WHICH YOU ACCESS AND USE THE ONLINE PRODUCTS AND SERVICES.
Consent to communications
By subscribing to our email marketing list or creating an online account with us through our website, you consent to receiving all notices and other communications in electronic form by electronic communication. You may opt out of emails to the extent that we send these emails to you by using the unsubscribe function in the email or by sending us an email at firstname.lastname@example.org.
Changes to these terms and conditions
We can change these terms and conditions at any time. It is your responsibility to check these terms and conditions periodically for changes and your continued use of our Online Products and Services will mean that you accept and agree to the changes. However, where the change is significant and you have subscribed to our website and/or have an online account with us, we will tell you about the change by sending you an email notification. However, where changes are made to protect the security of our systems or to comply with a change in the law, we can notify you after the change has become effective.
Changes to Online Products and Services
We can, at any time, make changes to (including adding and removing) the functionality, type, format, digital content, means of accessing, operating system specifications or applicable prices of the Online Products and Services. We can make these changes without prior notice to you. However, where the change is significant and, we will tell you about the change by sending you an email notification.
Your right to end Online Products and Services
If you are not happy with a change that we make to these terms and conditions or the Online Products and Services, you can end your use of our Online Products and Services by sending us an email at email@example.com.
Closing your account
You can close your account with us for the Online Products and Services at any time by sending us an email at firstname.lastname@example.org. You will remain responsible for any transactions made on your account via the Online Products and Services, and any fees incurred before the time that your access to your account is ended.
Our right to end your use of Online Products and Services
We can suspend or end your access to the Online Products and Services (or any part of the Online Products and Services) at any time where:
- (a) you breach these terms and conditions;
- (b) there is an immediate danger to the health or safety of any person or immediate risk of material damage to any network, systems, facility or other property; or
- (c) required to do so by law or any regulatory authority
Where appropriate and practicable, we will notify you of this in the same manner as changes to these terms and conditions are notified to you. However, there may be circumstances where we will suspend or end Online Products and Services without prior notice to you (e.g. where you breach these terms and conditions). We will not be responsible for any loss you may incur as a result of the suspension or ending of your access to the Online Products and Services.
We may also cease to provide any or all of the Online Products and Services at any time. If you have subscribed to our website and/or have an online account with us, we will give you prior notice of this by sending you an email and will ensure that you are provided with all of the Paid Products and Services that you have purchased up to the date we cease to provide the relevant Online Products and Services.
- (d) The fees, payment options and payment terms for accessing and using certain Online Products and Services, including the Dog Zen Online Training program, (Paid Products and Services) are specified in these terms and conditions and/or on the website and may be modified by us from time to time.
- (e) Unless otherwise stated, all references in the Online Products and Services to “dollars” or “$” are to New Zealand dollars.
- (f) An internet connection is required to access the Online Products and Services. Internet data charges may be charged by your internet service provider – please check with your internet service provider for details of any applicable charges.
Dog Zen Online Training program
- (a) In order to access the Dog Zen Online Training program, you must pay an upfront monthly subscription fee as specified on the website. All subscription fees are non-refundable.
- (b) You can cancel your subscription to the Dog Zen Online Training program at any time. Where you cancel your subscription part way through a month, your access to the Dog Zen Online Training program will continue until the end of that month provided that you have paid the applicable subscription fees in respect of that month.
- (c) If you subscribe to the Dog Zen Online Training program and pay the applicable subscription fee for a period of 6 [consecutive] months, we will grant you a perpetual right to access and use the Dog Zen Online Training program on the terms set out in the Licence section of these terms (below) at no further cost.
Where you purchase any products made available by us on our websites (Online Products), you acknowledge and agree that:
- (a) we may choose the carrier and the method of transport of the Online Products to you;
- (b) risk in the Online Products will pass to you on the earlier of when the Online Products are delivered to you or when the Online Products are delivered to the carrier;
- (c) ownership of the Online Products will not pass to you until payment in full has been received by us in respect of those Online Products;
- (d) any delivery date agreed by us is approximate only, and no late delivery will entitle you to cancel any order, withhold any payment, or constitute a default. TO THE FULLEST EXTENT PERMITTED BY LAW, WE SHALL NOT BE LIABLE IN ANY WAY TO YOU OR ANY OTHER PERSON FOR ANY LOSS RESULTING FROM ANY DELAY IN DELIVERY OF ONLINE PRODUCTS; and
- (e) without limiting any of our other obligations under applicable law, if any Online Products delivered to you are defective, you must return the defective Online Products to us and we will deliver replacement Online Products to you free of charge.
All intellectual property rights in the Online Products and Services, including copyright, belong to us and/or our licensors. You do not have any intellectual property rights in the Online Products and Services, or in any improvements or variations that may be made to them. You must not copy, reverse engineer, decompile, disassemble, modify, re-post to other web sites, frame, deep-link to, change, or otherwise distribute, license, sub-licence or transfer in any form, the Online Products and Services. Nothing contained in any of the Online Products and Services should be construed as granting, by implication or otherwise, any licence or right to use any trade mark without our prior written consent. Where you publish or upload content on the Website, you are deemed to have granted us a non-exclusive, perpetual and worldwide licence to use such content on the Website. You also warrant that any such content does not infringe the rights (including the intellectual property rights) of any person. You agree to indemnify us for all direct and indirect damages, losses and costs of any kind incurred or suffered by us as a result of or in connection with a breach of the warranty in the preceding sentence.
Failing to immediately exercise a right we have under these terms and conditions does not prevent us from exercising that right in future.
Accessing and using our Online Products and Services
In order to access and use certain Online Products and Services, including the Dog Zen Online Training program, you must register with us through our website and create an online account (account) by accurately entering the required details on the registration page of our website. In respect of Paid Products and Services, you must also have paid all applicable fees (as specified on the website).
We grant you a non-exclusive and non-transferable right to access and use:
- (a) the Paid Products and Services, with effect from the date on which we receive payment from you of the applicable fees for those Paid Products and Services; and
- (b) all other Online Products and Services, with effect from the date you access those services,
solely for your own personal and non-commercial use and subject always to these terms and conditions.
Online Products and Services availability
We will endeavour to provide you with uninterrupted access to Online Products and Services, subject to any necessary downtime that may be required for system maintenance, repairs and updating, or loss of access resulting from matters beyond our control.
Use of Online Products and Services
You agree that you will not:
- (a) use the Online Products and Services for any unlawful purpose or for any commercial purpose or otherwise (either directly or indirectly) for profit or gain;
- (b) take any action which may disrupt access to, cause damage to, or interfere with the proper operation of the Online Products and Services, including any action that may result in the introduction of any viruses, Trojan-horse type programs, malware or any other material which is malicious or technologically harmful;
- (c) copy, reproduce, alter, modify, sell, resell or display in public, any content or data from the Online Products and Services;
- (d) create any link to the website or the Online Products and Services without our prior consent;
- (e) infringe upon or violate our intellectual property rights or the intellectual property rights of others;
- (f) submit false or misleading information; or
- (g) use the Online Products and Services other than as specifically permitted by these terms and conditions.
Unauthorised access to your account
You are solely responsible for, and must take all reasonable care at all times to prevent, any unauthorised use of, or access to, your account, login details and password. You must keep your login details (including your password) strictly confidential and not allow any other person to use you login details or password. If you become aware of any unauthorised use of your login details or password, you must notify us immediately.
Your comments, feedbacks and other submissions
If you send us comments, suggestions or other materials, whether online, by email, by post or otherwise (collectively, comments), we may edit, copy, publish, distribute, translate and otherwise use those comments in any medium and for any purpose. We are under no obligation to maintain any comments in confidence, pay compensation for any comments or respond to any comments. You expressly waive any moral rights you may have in any comments you make.
We may, but have no obligation to, monitor, edit or remove content (including comments) that we consider to be unlawful, offensive, threatening, defamatory, obscene or otherwise objectionable and/or violates any party’s intellectual property rights or these terms and conditions. You undertake that your comments will not violate any right of any third-party, contain defamatory or otherwise unlawful material. You may not use a false e-mail address, pretend to be someone other than yourself, or otherwise mislead us or third-parties as to the origin of any comments. We take no responsibility and assume no liability for any comments provided by you or any third party.
General information only
The content of the Online Products and Services is provided as general information only. It is not intended to amount to advice on which you should rely.
Operation of Online Products and Services
We will provide the Online Products and Services with reasonable care and skill, however we do not represent or warrant that the Online Products and Services or any part of them will:
- (a) operate on a continuous or fault-free basis or at any particular time or location;
- (b) be secure or private;
- (c) be accurate, complete or current at all times; or
- (d) be free of viruses or other harmful features.
Third party materials and links
The Online Products and Services may include materials from third-parties, including advertisements, which you agree to receive as part of your use of the Online Products and Services. The Online Products and Services may contain links to internet websites maintained or owned by third parties. We do not endorse or approve of the content, material or advertisements of such third parties and are not responsible, and exclude all liability, for any loss of damage you suffer as a result of any such third party content, material or advertisements.
Credit card security
While we endeavour to provide a safe and secure platform on which to conduct online transactions, no method of transmission over the Internet, or method of electronic storage, is 100% secure. Therefore, we cannot guarantee its absolute security.
We use eWay to process all credit card payments. We recommend that you read eWay Terms and Conditions so you can understand the manner in which your personal information will be handled by them. In particular, remember that eWay may be located in or have facilities that are located in a different jurisdiction than either you or us. So if you elect to proceed with a transaction that involves eWay then your information may become subject to the laws of the jurisdiction(s) in which eWay or its facilities are located.
If you use any of the Online Products and Services or are otherwise in breach of any of these terms and conditions or otherwise in a manner that is not appropriate, you agree to indemnify us for all direct and indirect damages, losses and costs of any kind incurred or suffered by us as a result of or in connection with your actions.
EXCLUSION OF WARRANTIES
TO THE FULLEST EXTENT PERMITTED BY LAW, WE MAKE NO REPRESENTATIONS, WARRANTIES OR GUARANTEES, WHETHER EXPRESS OF IMPLIED, THAT THE ONLINE PRODUCTS AND SERVICES (INCLUDING ANY DIGITAL CONTENT) ARE FIT FOR PURPOSE, WILL MEET YOUR SPECIFIC NEEDS OR WILL OBTAIN THE SAME OR SIMILAR RESULTS AS DEPICTED IN THE ONLINE PRODUCTS AND SERVICES.
LIMITATION OF LIABILITY
TO THE FULLEST EXTENT PERMITTED BY LAW, WE EXCLUDE ANY AND ALL LIABILITY WE MAY HAVE TO YOU OR ANY OTHER PERSON UNDER OR IN CONNECTION WITH YOUR USE OF THE ONLINE PRODUCTS AND SERVICES, ANY DELAY OR LOSS OF ACCESS TO, OR USE OF, THE ONLINE PRODUCTS AND SERVICES AT ANY TIME OR ANY FAULT OR ERROR IN ANY ONLINE PRODUCTS AND SERVICES THAT IS BEYOND OUR CONTROL. THIS EXCLUSION APPLIES REGARDLESS OF WHETHER SUCH LIABILITY ARISES IN CONTRACT, TORT (INCLUDING NEGLIGENCE), EQUITY, BREACH OF STATUTORY DUTY OR OTHERWISE. IF WE BECOME LIABLE TO YOU FOR ANY FORM OF LOSS OR DAMAGE, THEN, TO THE FULLEST EXTENT PERMITTED BY LAW, OUR MAXIMUM AGGREGATE LIABILITY TO YOU WILL NOT EXCEED THE FEES (IF ANY) PAID BY YOU IN RESPECT OF THE ONLINE PRODUCTS AND SERVICES.
If you have any questions about Online Products and Services or these terms and conditions, please contact us at email@example.com.