(i)          TERMS OF WEBSITE USE

This page (and the documents it refers to) tells you the terms of use on which you may use our website TrainYourDogOnline.com (our site), whether as a guest or a registered user. Please read these terms of use carefully before you start to use the site. By using our site, you accept these terms of use and agree to abide by them. If you do not agree to these terms of use, please do not use our site.

(ii)        ABOUT US

TrainYourDogOnline.com is a site operated by Learn To Talk Dog Ltd (“we” or “us”). Our address is PO Box 372, Windsor, Berkshire, SL4 4WH, and our email address is info@TrainYourDogOnline.com

(iii)       OUR SITE

We allow access to our site on a temporary basis and we reserve the right to withdraw, restrict or change our site at any time and without notice. We will not be liable if for any reason our site is unavailable at any time or if the content is changed or out of date.

You must treat as confidential any user identification code, password or other security feature in relation to our site. If, in our opinion, you aren’t complying with these terms of use, we have the right to disable any such code, password or feature at any time.

You must comply with the provisions of our ‘Programme Agreement’ when using our site, as stated below.

It is your responsibility that anyone who accesses our site through your internet connection is aware of these terms and complies with them.

(iv)         VARIATIONS

We may revise these terms of use at any time by amending this page or by provisions or notices published elsewhere on our site.

(v)       INTELLECTUAL PROPERTY RIGHTS

(vi)      We are the owner or the licensee of all intellectual property rights in our site and the material published on it. Those works are protected by copyright laws and treaties around the world. All such rights are reserved.

You must not use any part of the materials on our site for commercial purposes without a licence from us or our licensors. You may not reproduce in any format (including on another website) any part of our site (including content, images, designs, look and feel) without our prior written consent.

If, in our opinion, you are in breach of these provisions, your right to use our site will cease immediately and you must either return or destroy (as required by us) any copies of the materials you have made.

(vii)    RELIANCE ON INFORMATION AND LINKS

The contents of our site (including links to other sites and resources provided by third parties) are for information only, and we shall not be liable for any use of, or reliance on, such materials. It shall be your own responsibility to ensure that any products, services or information available through this website meet your specific requirements.

(viii)       INFORMATION ABOUT YOU AND YOUR VISITS TO OUR SITE

We process information about you in accordance with our Privacy Policy. By using our site, you consent to such processing and you warrant that all data provided by you is accurate.

(ix)         LINKING TO OUR SITE

You may link to our site only if you have first obtained our written consent and provided that you do so in a way that is fair and legal and does not damage our reputation or take advantage of it. We reserve the right to withdraw linking permission without notice.

The website from which you are linking must comply in all respects with our Acceptable Use Policy and must be owned by you.

You must not link in such a way as to suggest any form of association, approval or endorsement on our part where none exists.

Our site must not be framed on any other site, nor may you create a link to any part of our site other than the home page.

If you wish to make any use of material on our site other than that set out above, please address your request to info@TrainYourDogOnline.com

(x)       OUR LIABILITY

While we endeavour to ensure that the material displayed on our site is up to date and accurate, it is provided without any guarantees, conditions or warranties as to its accuracy. To the extent permitted by law, we hereby expressly exclude:

  • All conditions, warranties and other terms which might otherwise be implied by statute, common law or the law of equity.
  • Any liability for any direct, indirect or consequential loss or damage incurred by any user in connection with our site or in connection with the use, inability to use, or results of the use of our site, any websites linked to it and any materials posted on it (whether by us or a third party), including, without limitation any liability for:
    • loss of income or revenue;
    • loss of business;
    • loss of profits or contracts;
    • loss of anticipated savings;
    • loss of data;
    • loss of goodwill;
    • wasted management or office time; and

for any other loss or damage of any kind, however arising and whether caused by tort (including negligence), breach of contract or otherwise, even if foreseeable.

This does not affect any liability which cannot be excluded or limited under applicable law.

(xi)      JURISDICTION AND APPLICABLE LAW

The English courts will have exclusive jurisdiction over any claim arising from, or related to, a visit to our site.

These terms of use and any dispute or claim arising out of or in connection with them or their subject matter or formation (including non-contractual disputes or claims) shall be governed by and construed in accordance with the law of England and Wales.


Agreement for Sarah Whitehead’s TrainYourDogOnline.com Programmes

 

  1. Summary of key terms
Contents of Programmes See website at www.TrainYourDogOnline.com
Total payment due on registration TrainYourDogOnline.com 4-week online dog training lessons, £ 39.95 (full price) or discounted where applicable on special offer through our site or via third party sites.

The Programme is intended to be taken over a four-week period, however eight weeks of online access is granted to purchasers from day of full payment.

Cancellation You may cancel the Contract within 7 days of the date of your registration. Please email info@TrainYourDogOnline.com stating clearly your wish to cancel and we will provide you with a refund.
  1. Application of terms and conditions
    • These terms and conditions (“Terms”) apply to Sarah Whitehead’s TrainYourDogOnline.com Programmes (“Programmes/Programme”) operated by Learn To Talk Dog Ltd, PO Box 372, Windsor, Berkshire, SL4 4WH (“we” or “us”). By registering to be a subscriber to any of our Programmes, 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 (“you”) and which is subject to these Terms (“Contract”), shall come into effect upon us emailing you to confirm our acceptance of your registration form for the Programme and shall continue until terminated in accordance with these Terms.
    • If you are purchasing online direct, the order process will be as follows:
      • add the Programme to the cart and proceed to the checkout and make payment as directed;
      • if you are paying by PayPal, you will be re-directed to the PayPal website for you to make payment and then once payment is made, you will be re-directed back to our site;
      • we will send you an email acknowledging your order and confirming whether we have accepted your order.
      • If at any stage you have made an error in your order, you may email us at info@TrainYourDogOnline.com to correct any errors.
    • If you are purchasing online, you should print a copy of these Terms for your records as we will not be filing a copy.
    • These Terms should be read in conjunction with our Website Terms of Use and Privacy Policy (all of which can be found on our website TrainYourDogOnline.com (“site”). We may change these Terms from time to time.
    • 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.
  2. Programmes/Programme
    • The Programme will be provided over the internet and is designed to be taken in four weeks. However, access is given for eight weeks.

Online Sessions

  • The online sessions of the Programme are held on third party secure servers and we have taken all reasonable steps to ensure that the online content will be available at all times during the course of the Programme 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.
  • You agree to keep user details and your password for the site confidential at all times and to not disclose them to any third party. You must notify us immediately if you become aware of any unauthorized 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 unauthorized use of your account.
  1. Goods
    • Where we are providing goods or products (“Products”) as part of the Programme or otherwise, the following terms and conditions of this paragraph 4 shall apply.
    • Any photographs of the Products on our site are for illustration purposes only.
    • Your order will be fulfilled by the estimated delivery date set out in our confirmation email or as described on our site, unless there is an event outside of our control. If we are unable to meet the estimated delivery date because of an event outside our control, we will endeavour to contact you with a revised estimated delivery date.
    • Delivery will be completed when we deliver the Products to the address you gave us when you placed the order and the Products will be your responsibility from the completion of delivery.
    • You own the Products once we have received payment in full, including all applicable delivery charges.
  2. Payment
    • The total price payable for the Programme is as set out in the summary of key terms above.
    • Payment is to be made by any method that is detailed on our site from time to time.
    • Without prejudice to any other right or remedy that we may have, if any sum payable under these terms is not paid within 7 days of the date due we reserve the right to (i) charge interest from the date due for payment to the actual date of payment at the rate of 3% above the base rate of HSBC bank from time to time in force and/or (ii) suspend the availability of the Programme until such time as payment is made or the Contract is terminated.
    • The total price payable as set out in the summary of key terms is exclusive of Value Added Tax (and any other applicable taxes or duties) which shall be added at the applicable rate where necessary.
    • You shall be responsible for all other expenses incurred by you in connection with your participation in the Programme.
    • All payments are non-refundable other than as set out in paragraph 8.2 below.
  3. Our obligations
    • We warrant to you that the Programme and Programme materials purchased from us is of satisfactory quality and reasonably fit for the purpose for which the Programme is supplied.
    • Other than as set out in paragraph 6.1 above, all warranties and representations are excluded to the fullest extent permitted by law. Due to the nature of online teaching 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.
    • 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.
    • We acknowledge that in the course of the Programme we will have access to your confidential information and we agree not to (except in the proper course of our duties) use or disclose to any third party such confidential information. This restriction does not apply to:

(b)         any use or disclosure authorised by you or required by law;

(c)         any use or disclosure which we in our absolute discretion consider necessary or advisable in order to prevent illegal acts or harm to you or to others; or

(d)         any information which is already in, or comes into, the public domain otherwise than through our unauthorised disclosure.

  • You may cancel the Contract within 7 days of the date of you registering for the Programme by emailing us at info@TrainYourDogOnline.com, stating your clear intention to cancel. If we receive such email within 7 days of the date of you registering for the Programme, we shall provide you with a full refund of the amount paid by you up to such date, within 30 days of the day on which we received your valid notice of cancellation and usually by the method originally used by you to pay for your purchase.
  • 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.
  1. Intellectual Property
    • We are the owner or the licensee of all Intellectual Property Rights and all other rights in the Programme 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.
    • You may not at any time copy, reproduce, publish in any form, share, sell, dispose of or otherwise make available to a third party in any way any of the content or materials contained in the Programme.
    • 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.
    • Except as set out in paragraph 7.3, you may not use any of our intellectual property rights at any time except where duly licensed. Use of our logo is strictly prohibited without our prior written consent.
    • You may not without our prior written consent make any audio or visual recordings of any part of our Programme.
    • You acknowledge that certain information contained in the Programme and Programme materials is already in the public domain.
    • 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.
    • The provisions of this paragraph 7 shall survive termination of the Contract.
  2. Term and termination
    • The Contract shall continue until the end of the Programme when the Contract shall expire other than for the Terms that are specifically stated to remain in force.
    • Notwithstanding the provisions of paragraph 8.1, either of us may terminate the Contract on written notice to the other with immediate effect if at any time:
      • The other commits any serious or repeated breach or non-observance of any of the provisions of these Terms; or
      • 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
      • 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.
    • On or before the date of termination of the Contract, you shall immediately pay any unpaid fees or other 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).
    • 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.
    • 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.
    • 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.
    • This paragraph 8 shall survive termination of the Contract.
    • Where the Contract expires, this shall be treated as a termination for the purposes of paragraph 8.7 and all other paragraphs that refer to “termination”.
  3. Liability
    • Nothing in this paragraph 9 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 liability cannot be legally excluded or limited.
    • 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.
    • 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 price paid by you for the Programme.
    • If we are prevented from or delayed in performing our obligations by your act or omission or by any circumstance outside of our control, 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.
    • We shall not be not liable for additional costs incurred by you as a result of changes in (i) the Programme.
    • The provisions of this paragraph 9 shall survive termination of the Contract.
    • You acknowledge and agree that:
      • 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);
      • 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.
  1. General
    • By registering for our Programme you warrant that:
      • You are legally capable of entering into binding contracts; and
      • You are at least 18 years old; and
      • That all information you provide us with is materially true and accurate at all times and not misleading in any way.
    • 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.
    • 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.
    • 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.
    • 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.
    • 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.
    • 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.
    • 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.
    • 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.
    • 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.
    • 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).
    • Unless the context otherwise requires, a reference to one gender shall include a reference to the other gender.