PRODUCTS, WEBSITE & SERVICES
TERMS & CONDITIONS
This Course & Q&A Group are owned and operated by Tiana Maree Karamihas [ABN 27553703235] trading as Oodleway (referred to in these terms as ‘Oodleway’, ‘we’, ‘our’, or ‘us’).
By accessing the Course, you:
- acknowledge that you have read, and agree to comply with and be legally bound by, these Terms; and
- warrant that you are over 18 years of age and have the legal capacity to enter into a binding contract.
We reserve the right to modify these Terms at any time, consistent with applicable laws and principles, without notice to you. These changes will be effective as of the date we post the revised version on this Site. It is your responsibility to review these Terms prior to initial use as well as periodically throughout your use of our Course. If at any time you choose not to accept these Terms, you should discontinue your use of our Course.
By continuing to access this Course, you are deemed to accept any future amendments to these Terms. If you are uncertain about the Terms or anything else on our Site, please don’t hesitate to contact us before completing any purchase.
CONTACT WITH OODLEWAY (TIANA)
Purchasing an Oodleway course does not include regular communication with Tiana, Director and Founder of Oodleway.
To have direct contact with Tiana, you have the option to purchase the Oodleway – Q&A Group alongside your digital course purchase. This add on will give you access to four (4), 90 minute, weekly group Q&A calls with Founder, Director & Oodle Coach, Tiana Karamihas, where you will have the opportunity to submit your questions prior to the call or ask them live. The Oodleway – Q&A Group does not provide you with communication to Tiana outside of these Q&A calls and the topics of these questions must follow the topics outlined in the Oodleway course you have purchased. Tiana will not answer any questions relating to other breeds, training, behavioral issues, or older dogs. These Q&A sessions are simply designed to provide you with clarification on how to implement the Oodleway framework into your home, your family and with your puppy.
Queries about the available products and/or services can be sent to [email protected] and a response will be sent within two business days if it isn’t already answered on the FAQ’s sections of the products.
INFORMATION AND ADVICE (DISCLAIMER)
Oodleway provides their services as a guideline and the material used in the digital courses and Q&A Group are carefully designed to offer new Oodle families results - however it is extremely important to understand that every puppy is different, and results may vary from family to family. Oodleway is not responsible for your puppy’s behavior, your puppy’s training, your puppy’s grooming results/physical appearance, how easy you find the puppy-raising process, or the credibility/quality of the Breeder. The user agrees that the user shall not have, make or bring an action, suit, claim, demand or proceedings against Oodleway for damages, compensation, losses, costs, expenses, orders or any other legal or equitable remedy should any such material be found to be incorrect, inaccurate, erroneous, defective, deceptive or misleading, whether caused by negligence of Oodleway or any other cause whatsoever.
Any content or information provided in the Course or Q&A Group is of a general nature only and does not constitute professional advice. We do not purport to be legal, medical or veterinarian practitioners, financial advisors or any other type of licensed professional and cannot be held liable for any reliance on the information we provide through the Course or Q&A Group. No part of the Course or Q&A Group is a substitute for obtaining advice that is specific to your individual circumstances from a qualified professional. The nature of the Course or Q&A Group means that we are unable to guarantee particular results, and any examples achieved by other Course or Q&A Group participants is a representation of potential results only. Any results achieved through your participation in the Course or Q&A Group will vary depending on a range of factors beyond our control.
You are responsible for determining whether the Course or Q&A Group is right for you. We reserve the right to terminate or suspend your access to the Course or Q&A Group at any time should we believe that it is not appropriate for you, or that further professional advice should be sought.
Any reference to other products or services, programs, courses, processes, or other information appearing within the Course or Q&A Group does not constitute or imply our endorsement, sponsorship, or recommendation in any way.
For questions or concerns about any medical conditions your puppy may have, please contact your Veterinarian.
You may apply to access the Course by completing the application form and paying the Course Fee on our Site oodleway.co (‘Site‘). As a condition of purchase and participation in the Course, you agreed to be bound by our policies and procedures as set out in these Terms, including those incorporated by reference. You agree to provide accurate, current, and complete information about yourself as requested or directed, and to promptly update this information to maintain its accuracy. We have the right to suspend or terminate your Course access if we suspect that such information is inaccurate or incomplete. We also reserve the right to deny your Course application for any reason.
Your access to the Course commences when your application has been accepted by us, or a date specified on our Site, and you pay the price as displayed on our Site and in accordance with these Terms (‘Course Fees’). Your access to the Course continues until terminated under these Terms, 356 days after Course purchase or the Course is taken down. We will provide you with 30 days’ notice should we plan to take down the Course. In the event we intend to close down the Course, we shall provide you with 30 days notice and the ability to download applicable resources contained being the lifetime access we refer to in our promotional material.
To access the Course, you may be required to create an account. In doing so, you must provide accurate information, including your name, your business name (if applicable), address, a valid email address and contact number. You must also be at least 18 years old. You agree to update this information if and when it changes. You are solely responsible for the activity that occurs on your account, so please keep your account password secure.
In consideration for access to the Oodleway Courses, the Course Fees can be paid in one of two ways:
- One off lump sum payment of Course Fees (“$349.00 per course”); or
-  equal monthly instalment payments (“$199.00 per course”).
In consideration for access to the Oodleway Q&A Group, the Q&A Group Fees can be paid in one of three ways:
- One off lump sum payment of Group Fees (“$39.00”);
Your preferred payment option must be selected at the time of enrolment and cannot be changed at a later date. The total amount of the Course Fees and/or Q&A Group Fees will be dependent on the payment method you select at time of enrolment.
Where you select the Full Payment Fee, you will pay the amount of $349.00/course or $39.00 Q&A Group. Where you select the Payment Plan Fee, you will be charged for the initial payment at time of enrolment and all subsequent payments will be automatically charged, on the monthly anniversary of the initial payment being a total of 2 payments for the course. Where you opt for our instalment plan, you will remain responsible at all times for those payments unless you request a refund in accordance with our Refund Policy set out below. You cannot under any circumstances cancel payments except in accordance with our Refund Policy.
Method of Payment
You authorise us to automatically charge the credit card or debit card provided at the time of enrolment for the Course and Q&A Group Fees when they are due and in accordance with these Terms.
If you choose to pay in instalments, you authorise us to automatically charge the credit card or debit card on file for any payment balances owing and agree to keep all billing information and personal information current at all times and must notify us immediately of any changes to those details. You understand and agree that as payments are electronic, you will ensure that you have adequate funds available.
Notwithstanding any adjustments made to payment dates by any third party payment provider such as Stripe, you acknowledge and agree that payments must be made on the applicable due dates and you must do all things reasonably necessary to ensure sufficient funds are in place to ensure payments are made on the applicable due dates.
Where you fail to make payment or payment is declined for any reason, you must provide a new eligible method of payment immediately or we may suspend or revoke your access to the Course or Q&A Group. You will be liable for all outstanding payments, including third party payment provider fees, any costs incurred by us trying to recoup the outstanding Course or Q&A Group Fees such as debt collection agency costs, including any reasonable legal costs on any Course or Q&A Group Fees that remain outstanding. For the period where your access is restricted or revoked, you acknowledge and agree that we will not be liable to you for any refund of the Course or Q&A Group Fees due to a failure to pay Course or Q&A Group Fees when due or be entitled to any extended period of access to the Course or Q&A Group due to such restriction or revocation. You further acknowledge and agree that your obligations to continue paying the Payment Plan Fee continues for the remainder of the term of the Course or Q&A Group.
At the time of enrolment, we may offer individuals bonuses to sign up for the Course or Q&A Group. You are entitled to any bonuses on offer at the time of your enrolment. Please note that bonuses are not guaranteed to be available at all times and they may vary subject to any promotions we may have throughout the year.
REFUND AND CHARGEBACK
The Course and Q&A Group Fees are non-refundable except as required by law or at our sole discretion. We do not provide refunds simply because your situation has changed or you have changed your mind.
We want you to be 100% happy with your purchase of an Oodleway Course, and so we provide a seven (7) day money-back guarantee. To qualify, you must have applied your best efforts by actively participating in, and incorporating any strategies from the Course. To qualify for a refund, you must provide proof of said participation within 7 days of purchase.
Criteria for Course Refund Approval
Email us at [email protected]
Provide completed coursework to prove that you actively participated in the Course
Provide any other evidence to support the results of any course work and your active participation, e.g. attendance at all organised coaching calls/participation in the community group, etc
We will not provide a refund where you have failed to submit your request within 7 days of purchase. If 7 days have passed, you will remain responsible for all Fees due regardless of whether you choose to complete the Course.
We will inform you within 14 days of receipt of your request whether a refund is applicable. Where we have determined that a refund is due, we will organise prompt payment via our payment provider.
If we determine that your refund request is valid, your access to the Course will cease and you must immediately cease using and destroy any materials provided to you in the Course.
Where you have received a refund either directly from us or via a Chargeback the following will apply:
1. If we have provided you with access to our Course to a verified email address from which you have engaged with us, then you must destroy all electronic copies of any Materials downloaded by you and provide us with written confirmation to [email protected] that you will not use our Materials unless you provide payment in full for the Materials we have provided to you.
2. If you receive the Materials and (a) do not comply with point 1 above and/or (b) use the Materials following a refund or Chargeback, we expect immediate payment upon receipt of a tax invoice from us.
Where you use our Materials and we do not receive payment, we reserve the right to recover any outstanding tax invoice through a formal debt recovery process and should this become necessary, then we will seek payment of our outstanding tax invoices including any interest on the outstanding amount.
Nothing in these Terms is intended to modify or otherwise effect your statutory rights under consumer laws or any other applicable legislation.
During your Course, we will provide you with certain Course Entitlements, including:
- Access to Oodleway Family
If a Force Majeure event of any kind requires that any Course Entitlements be delayed, they will either take place in a different allowable format or be rescheduled. You will not be entitled to any compensation for Course Entitlements that are unable to proceed due to a Force Majeure event.
From time to time, we may also provide you with certain benefits, such as products, programs, workshops, or other courses, which may be provided by third parties. We do not offer any guarantees regarding these benefits, including their accuracy or quality, the duration for which they are available or that they are suitable for your purposes.
Any individual who agrees to be a interviewed as guest or contributes content in any way, transfers all intellectual property rights to us in any such interview and where assignment is not possible, will provide a non-revocable, perpetual license to any such content.
During the Course, you may also be invited to participate in an online group. In order to be admitted and retain access to the group, you will be required to comply with its rules, including the rules provided by the hosting platform. If you breach the rules of the online group, your access to the group will be revoked and, depending on the severity of the breach, your access to the Course may also be revoked.
Kajabi Community Group – Oodleway Family
We shall provide you with access to a closed Kajabi Community group (“Oodleway Family”) as part of the Course entitlements. The Oodleway Family, will remain accessible for a period of 365 days. We encourage all participants to be active within the Oodleway Family and to support and encourage each other. We require participants to comply with our Oodleway Family rules at all times and such other directives as announced within the Oodleway Family. If you breach the rules of the Oodleway Family, your access to the Oodleway Family will be revoked and, depending on the severity of the breach, your access to the Course may also be revoked.
We reserve the right to cease operating any associated online group with 7 days’ notice to you.
We are committed to your enjoyment of and satisfaction with the Course. Should you have any concerns or be dissatisfied in any way, please contact us via our Contact Form [CLICK HERE] and include:
- your name;
- the email address you used to apply for the Course;
- details of your concern or complaint;
- details of what you would like us to do to resolve the matter; and
- copies of any relevant correspondence.
We will acknowledge your complaint within 3 business days and aim to resolve it within 14 business days. If we are unable to do so, we will provide an explanation accordingly.
You agree not to engage in any behaviour, in public or in private, that is negative or derogatory towards us, and we agree to the same. This includes (but is not limited to) communications with third parties or posting on social media.
Where a dispute cannot be resolved, it will be submitted for mediation in accordance with The Arbitrators and Mediators Australian Mediation and Conciliation Rules. Should the dispute be unable to be resolved at mediation, you agree to submit to the exclusive jurisdiction of the courts of the State or Territory where we are located.
INTELLECTUAL PROPERTY RIGHTS
As part of the Course, you will have access to certain materials, including programs, workbooks, forms, templates, digital products and other content (‘Materials’). We retain ownership of all Intellectual Property Rights (including copyright) in the Course and the Materials.
To the extent required for participation in the Course and in consideration for the payment of the Course Fees, you are granted a non-exclusive, non-transferable, single-use, limited license to access and use the Materials for your own personal use and non-commercial use, and you agree not to:
- modify the Materials;
- copy or share the Materials or in any way cause or allow them to be copied or shared;
- assign or transfer your Oodleway - Q&A Group of the Course to any other person without our express written consent; or
- sublicense, publish, sell, or provide the Materials to, or otherwise allow them to be used by, third parties.
You must not under any circumstances remove any copyright notice, trade mark or author mark from any part of the Materials.
If you infringe our Intellectual Property Rights, we reserve the right to immediately terminate your access to the Course and the Materials without refund and pursue legal remedies including an accounting of profits should you use our Course and Materials for commercial purposes. You will be liable for all costs (including reasonable legal costs) incurred due to your breach of these Terms.
For any intellectual property that you provide us with through your participation in the Course (‘Participant Content’), you warrant that you are the owner of this intellectual property and indemnify us against any claim made by a third party arising out of any breach of intellectual property rights from our use of the Participant Content (including distribution for promotional purposes). By participating in the Course, you grant us a non-exclusive, irrevocable, royalty-free, perpetual license to use and reproduce your Participant Content at our discretion.
COURSE & Q&A GROUP PROMOTION
Where you have provided testimonials (in any format), you acknowledge and consent that we may use these along with reference to you on our Site and social media channels, or any other avenue, for promotional and other purposes at our discretion.
You acknowledge that part of your Course or Q&A Group may include images, copy, text and recordings (in audio and/or video format) of your participation in the Course or Q&A Group, where you may feature prominently. These recordings are both for the purposes of providing the Course and Q&A Group and for us to use in our promotional material to market the Course and Q&A Group. You irrevocably consent to our use of these recordings without restriction, including but not limited to our ability to modify, publish, reproduce, or distribute them at our discretion.
We reserve the right to terminate your access to the Course or Q&A Group with immediate effect if:
- you do not pay the Course or Q&A Group Fees when due;
- you infringe our Intellectual Property Rights;
- you engage in conduct that is injurious or potentially harmful to our reputation;
- you disclose Confidential Information without consent;
- your actions are contrary to our interests;
- we consider that mutual trust and/or confidence no longer exists; or
- you fail to comply with any of the other provisions of these Terms or otherwise breach any undertaking, warranty or obligation under these Terms.
If we terminate your access to the Course or Q&A Group, we may, at our sole discretion, refund any prorated balance of the Course or Q&A Group Fee already paid by you.
You agree to respect our privacy and confidential information, which includes information relating to our business, finances, operations, marketing strategy, administration, technology, clients, customers, employees, contractors or suppliers, along with our intellectual property and other information relating to trade secrets, know-how, systems and processes. Accordingly, unless you have our prior written consent, you will keep any information we choose to share confidential. You also agree to respect the privacy and confidential information of other Course or Q&A Group participants unless you receive express written consent from such other participant. We will not disclose any information you provide except as set out in these Terms.
However, these obligations of confidentiality do not apply to any disclosure that:
- is for the purpose of performing the Terms or exercising a party’s right under the Terms;
- is required by Applicable Law; or
- relates to Confidential Information that is publicly available through no fault of the receiving party or its personnel, or was rightfully received from a third party without restriction or breach of any obligation of confidence.
In addition to any other prohibitions, you must not under any circumstances access or otherwise use the Course, Q&A Group or their content:
- for any unlawful purpose;
- if you or your business in any way competes with our business;
- to solicit others to perform or participate in any unlawful acts;
- to violate any international, federal, or state regulations, rules, laws, or local ordinances;
- to attempt to change, remove, or otherwise interfere with the Course or Q&A Group or any of their Materials;
- to infringe upon any other person's proprietary rights; or
- to send any unsolicited advertising or promotional material, commonly referred to as 'spam'.
WARRANTIES AND INDEMNITIES
We provide the Course, the Q&A Group and its content on an ‘as is’ basis, and do not guarantee any specific results from your participation. Your experience will depend on your own commitment, motivation and intent to follow through. Any examples of previous participants’ experiences, including reviews, testimonials or other statements, are provided for illustrative purposes only, and are simply examples of what can be possible.
You agree that you engage in the Course or Q&A Group at your own risk.
Except as expressly permitted by law, we cannot be held liable for:
- any loss or damage that you may suffer as a result of your participation (including where you disclose confidential information during any group participation);
- your inability to participate in the Course or Q&A Group for any reason;
- your failure to maintain the security of your Course or Q&A Group login details that enable you to access the Course or Q&A Group;
- the statements or conduct of any third party; or
- your reliance on the suggestions or recommendations of any third party, Course or Q&A Group participant.
You agree to indemnify us against any loss or damage, including legal costs, related to your breach of these Terms.
When you apply to take part in the Course or Q&A Group, and during your participation, you may be required to provide us with certain personal information (such as contact details) and sensitive information (such as information about you (or your pet’s) health or finances).
These Terms will become binding when you agree to these Terms, including by clicking 'I consent' or 'I agree' or similar, or by purchasing and/or commencing the Course or Q&A Group.
Whenever possible, each provision of these Terms will be interpreted in such a manner as to be effective and valid under Applicable Law, but if any provision of these Terms is held invalid or unenforceable, the remainder of these Terms will nevertheless remain in full force and effect and the invalid or unenforceable provision will be replaced by a valid or enforceable provision.
You cannot assign these Terms, or otherwise deal with the benefit of them or any rights under them, without our prior written consent. We reserve the right to assign or novate the Terms, or otherwise deal with the benefit of them or rights under them, without your consent.
These Terms constitute our entire agreement with you about the Course and/or Q&A Group and supersede all previous agreements, understandings and negotiations.
GOVERNING LAW AND JURISDICTION
The performance and enforcement of these Terms will accord with the laws in force in the State or Territory in Australia where we are located as indicated on our Site. You agree to submit to the exclusive jurisdiction of the courts in that jurisdiction.
WEBSITE & SERVICES - 1:1 COACHING
Effective Date: 19/05/23
Welcome to oodleway.co (Site).
CONSENT TO SITE TERMS
By accessing and using our Site, our social media channels and any other materials made available to you or provided to you on our Site (whether available for purchase or not), you are taken to accept our Terms.
By using the Site or accessing or purchasing any products or Services (“1:1 Cavoodle Coaching or 1:1 Express Coaching Calls), you warrant that you:
- are over 18 years of age and have the legal capacity to enter into a legally binding contract;
- have read and accepted these Terms; and
- will comply with these Terms.
CHANGES TO THESE TERMS
We reserve the right to change or modify these Terms at any time, consistent with applicable laws and principles, without notice to you. These changes will be effective as of the date we post the revised version on our Site. It is your responsibility to review these Terms prior to use and periodically throughout your use of our Site, products, services and content. If at any time you choose not to accept these Terms, you should not use our Site.
Your continued use of our Site is deemed acceptance of any modifications or amendment of these Terms. You may also accept these terms where you click “Agree” or “Accept” or “Buy” or “Book” where such an option is made available to you. If you are uncertain about the Terms or anything else on our Site, please don’t hesitate to contact us before proceeding with any purchase or booking.
Our Site, products and services contain intellectual property owned by us and/or by third parties that license the content to us (“Third-Party Licensed Intellectual Property”). This includes, without limitation, trade marks, copyrights, proprietary information, designs, patents and other intellectual property rights, as well as business names, logos, images. designs, text, videos, audio files, graphics, other files, and software (“Content”). Your access to and use of our Site, products (including digital products), services and Content does not grant or transfer any rights, title or interest to you in relation to any of the above.
No Commercial Use
You may not modify, publish, transmit, participate in the transfer or sale of, create derivative works from, distribute, display, reproduce or perform, or in any way exploit in any format whatsoever our Site, products, services, Content, Intellectual Property or Third-Party Licensed Intellectual Property in whole or in part without our prior written consent. We reserve the right to immediately remove your access to our Site, products, services, and Content, without refund, if you are found to be violating these Terms.
Where you download or purchase our Digital Products (including checklists, guides, eBooks, workbooks, video or audio content), you are granted a non-exclusive, non-transferable, limited license to access and use these for your own personal purposes. You may not assign or transfer these digital products to any other person without our express written consent. We reserve the right to refuse to provide any products and/or services to you at any time for any reason.
Except as otherwise provided, you acknowledge and agree that you have no right to modify, edit, copy, reproduce, create derivative works of, reverse engineer, alter, sell, create derivative works of, enhance or in any way exploit any of our products (including Digital Products) in any manner whatsoever except as authorised by us.
LINKS TO OTHER WEBSITES
Our Site and social media channels may have links to other sites operated by third parties. Unless we expressly tell you otherwise, we do not in any way endorse, control, or approve of, nor are we responsible for, the content on those websites. It’s up to you to decide if those websites and their content are suitable and appropriate for you.
CREATING AN ACCOUNT
To place orders and access some features of the Site, you may need to register an account. This means you will have to give us accurate information, including your name, your business name, address, a valid email address and telephone number, and you must be at least 18 years old. You warrant that any information you provide during the account setup process is correct at the time you provide the information and that you will update information should there be any changes. You will remain solely responsible for the activity that occurs on your account (including orders placed on your account), so keep your account password secure.
We reserve the right to suspend or cancel your account at any time, at our sole discretion, if you breach any provision of the Terms or applicable law or where your conduct impacts our reputation.
Where you download or purchase our Digital Products, you are granted a non-exclusive, non-transferable, limited licence to access and use the Digital Products for your own personal use. You may not assign or transfer the Digital Products to any other person without our express written consent. We reserve the right to refuse to provide the products to you at any time for any reason.
After payment for your Digital Product has been confirmed, you will have the option to download it and all responsibility for maintaining the downloaded copy is transferred to you. We will not be responsible for any issues with the Digital Product after it has been downloaded.
Except as otherwise expressly stated, you have no right to modify, edit, copy, reproduce, create derivative works of, reverse engineer, alter, sell, create derivative works of, enhance or in any way exploit any of the Digital Products in any manner whatsoever except as authorised by us.
REFUNDS FOR DIGITAL PRODUCTS
Due to the nature of Digital Products, any orders received and processed have a strict no refund policy unless otherwise stated in the product’s individual Terms & Conditions. Where the incorrect Digital Product is sent to you, or where the link provided to download the Digital Product is not working, we will send the correct Digital Product or a revised download link at no extra cost.
PRICES AND PAYMENTS
All prices are in Australian Dollars (AUD) and are inclusive of any Australian Goods and Services Tax (GST) (as applicable). The prices indicated on the Site may change at any time without advance notice to you. Purchases will be charged at the price in force at the time your order is validated.
We reserve the right at any time to modify or discontinue the product or service without notice at any time. We shall not be liable to you, or to a third party, for any modification, price change, suspension or discontinuance of the product or service.
We may from time to time provide discounted products and/or services. You may only use one discount code with each purchase. We reserve the right to reject or cancel any orders where you add more than one discount code. We allow you to use discount codes strictly on the terms and conditions upon which they were issued which, amongst other things, may include terms relating to your eligibility to use them and a maximum order value. Discount codes and/or vouchers cannot be used in conjunction with any other offer or promotion.
We offer the option to pay for our products and/or services by credit card or such other method of payment as indicated on our Site. You acknowledge and agree to make timely and full payments to us for the products and/or services purchased. Where you use a credit card, you warrant that you have the necessary rights and authority to use that credit card. You authorise us to automatically charge the credit card on file for any and all payment balances owed and agree to keep all billing information current at all times. Where you fail to make payment or payment is declined for any reason, we may revoke your access to our products or services.
We reserve the right to postpone or cancel the Services, or reschedule them at a mutually convenient time, for any reason. If the Services have been cancelled by us and not rescheduled, we will refund the fees paid for the cancelled portion of the Services.
Should you need to cancel any part of our services for any reason, or you wish to reschedule the services, but we are unavailable on the new date, you acknowledge that you will be liable for an additional fee.
When you cancel the Services, you must notify us via our nominated email address 7 days prior to Your scheduled appointment. If at least 7 days’ written notice is not provided, you will not be entitled to a refund and may incur a cancellation fee. You may also be unable to reschedule the Services.
If you have cancelled the Services and provided the requisite notice, you can either suspend the Services for a maximum of 1 month; or obtain a refund on the Services that are yet to be used, which may incur a Cancellation Fee.
You acknowledge that we are not responsible for any breach of a third-party contract or any supplier contract to the services, including to the extent that this means the services may not proceed.
Where a Force Majeure event necessitates that any part of our services be cancelled or postponed, you acknowledge that we will not be responsible for any loss or damage incurred as a result.
REFUNDS FOR SERVICES
You will only be entitled to a refund at our sole discretion or where we determine that we are unable to perform the services for any reason. You acknowledge that you do not obtain the right to a refund where you have changed your mind, or you insist on our services being performed in a way that is against our advice.
Where you have paid a deposit for our services, you acknowledge that this payment is non-refundable and non-transferable regardless of whether the services go ahead.
Refunds in lieu of money (such as credit for other services) may be offered to you at our sole discretion.
ELECTRONIC COMMUNICATIONS AND ELECTRONIC SIGNATURES
You acknowledge and agree that you will be bound by any affirmation, acceptance or agreement that is transmitted through our Site, including but not limited to any consent you provide to receive communications from us. You further acknowledge and agree that when you click on or tick “I agree”, “I consent”, or other similarly worded click or tick options by electronic means, using an electronic device such as your mobile phone, tablet, desktop, laptop or any other device capable of allowing you to click or tick, your agreement and/or consent will be legally binding and enforceable and will be deemed to be as effective as if you had written your signature by hand.
INFORMATION AND ADVICE
Our Site contains content, including digital products, blog articles, and other information, that is of a general informational nature only. This information is not intended to constitute or replace professional advice for individual or specific situations. We do not purport to be legal or medical practitioners, financial advisors or any other type of licensed professional and cannot be held liable for any reliance on the information we provide, either on our Site or through our products and/or services.
Oodleway provides their services as a guideline and the material used our Services are carefully designed to offer new Oodle families results - however it is extremely important to understand that every puppy is different, and results may vary from family to family. Oodleway is not responsible for your puppy’s behavior, your puppy’s training, your puppy’s grooming results/physical appearance, how easy you find the puppy-raising process, or the credibility/quality of the Breeder. The user agrees that the user shall not have, make or bring an action, suit, claim, demand or proceedings against Oodleway for damages, compensation, losses, costs, expenses, orders or any other legal or equitable remedy should any such material be found to be incorrect, inaccurate, erroneous, defective, deceptive or misleading, whether caused by negligence of Oodleway or any other cause whatsoever.
No part of our Services are a substitute for obtaining advice that is specific to your individual circumstances from a qualified professional. The nature of our Services means that we are unable to guarantee particular results, and any examples achieved by other Service participants is a representation of potential results only. Any results achieved through your participation in our Services will vary depending on a range of factors beyond our control.
Any reference to other products or services, programs, courses, processes, or other information appearing within our Services does not constitute or imply our endorsement, sponsorship, or recommendation in any way.
Where our products, services, programs or courses incorporate activities/treatments/procedures that may affect your pet’s health, you warrant that they are fit to participate and have sought the advice of a licensed Veterinarian accordingly, particularly if your pet has pre-existing health conditions.
We do not accept responsibility for determining whether our products and/or services are appropriate for your pet. We reserve the right to deny service and refund the cost of that product and/or service for any reason, including where we believe that the product and/or service would be dangerous or not appropriate for your pet, or we believe that further professional advice should be sought.
Any reference to other products or services, programs, courses, processes or other information appearing on our Site does not constitute or imply our endorsement, sponsorship or recommendation in any way.
SUBMITTING CONTENT TO SITE AND SOCIAL MEDIA
We always appreciate interaction on our social media channels and feedback about our Site, products and services, as it helps us to improve our Site and our products and services. Through the use of our Site, you may be invited to submit a review, and you can also comment on our blog or other parts of our Site or interact with us via our social media channels. We love to hear from you!
Where you do decide to submit such feedback or comments, you:
- warrant that you are the sole author and owner of the intellectual property and any other rights in any content provided (or have the right to use that content with appropriate consents and permissions);
- give us permission to post or otherwise use that feedback on our social media or other channels;
- waive any and all existing and future moral rights (as defined in the Copyright Act 1968 (Cth) in the content you provide us with;
- warrant that any content provided does not violate these Terms; and
- warrant that you are at least 18 years old.
We reserve the right to remove a review or comment if such review or comment contains:
- libelous or otherwise unlawful, abusive or obscene material;
- personal attacks on our employees or another contributor;
- material that discloses your personal information; or
- Information that is unrelated to the post or content that you have reviewed or commented on.
Our Site and social media channels may feature user reviews of our products and/or services. These reviews in no way represent our views or opinions, but are the sole product of their creator. We disclaim all liability with respect to any content submitted by any users.
We may from time to time run competitions through our Site and/or through our social media channels. Your participation in those competitions is subject to these Terms and any terms and conditions that are specific to each competition.
On our Site, we present real-life examples of and insights into other customers’ and/or clients’ experiences with our products and/or services for illustration purposes only. Any results presented demonstrate to users what can be possible but are not intended to represent or guarantee that any current or future users of our programs, courses, products and/or services will achieve the same or similar results.
Where you have provided testimonials (in any format), you acknowledge that we may use these along with reference to you on our Site and social media channels, or any other avenue, for promotional and other purposes at our discretion.
In addition to any other prohibitions, you must not, under any circumstances, use the Site or its content:
- for any unlawful purpose;
- to solicit others to perform or participate in any unlawful acts;
- to violate any international, federal, or state regulations, rules, laws, or local ordinances;
- to attempt to change, remove, deface, hack or otherwise interfere with our Site or any material or content displayed on the Site;
- to hack into any aspect of the Site, corrupt data, or cause annoyance to other users;
- to infringe upon any other person's proprietary rights;
- to send any unsolicited advertising or promotional material, commonly referred to as “spam”; or
- to attempt to affect the performance or functionality of any computer facilities of or accessed through our Site.
WARRANTIES AND DISCLAIMERS
This Site is provided on an “as is” and “as available” basis and to the fullest extent permitted by law we make no representations or warranties about our Site and/or our products or services including that:
- they are suitable, reliable, complete, secure, accurate or fit for any particular purpose;
- access will be free of any harmful components (including viruses) or other code that is harmful or may assist in causing harm; or
- there is no possibility of failure to store communications or other data.
LIMITATION OF LIABILITY
To the fullest extent permitted by applicable laws, in no event are we, any of our subsidiaries, or any of their shareholders, directors, officers, employees or licensors responsible for any losses and expenses, however arising, including without limitation, any direct, indirect and/or present, unascertained, future or contingent, loss of use, loss of data, loss caused by a virus, loss of income or profit or projected profit, loss or damage to property, claims of third parties, or other losses of any kind or character arising from or in connection with your use of our Site and/or our products or services, your inability to access our Site, interruption or outage of our Site or the fact that content on our Site or in our services is inaccurate, incomplete or out of date. Our liability for any breach of a condition or warranty under these Terms shall be limited to the extent provided for by the Australian Consumer Law (Schedule 2 of the Competition and Consumer Act 2010).
OUR RIGHT TO BE INDEMNIFIED BY YOU
To the fullest extent permitted by applicable laws, you agree to indemnify, and hold us and our related entities, affiliates, and our and their respective officers, agents and employees harmless from any loss, liability, claim, or demand, (including reasonable legal fees on a full indemnity basis), made by any third party due to or arising out of your use of our Site in violation of these Terms and/or arising from a breach of these Terms and/or any breach of your representations and warranties set out in these Terms or your breach of any law or the rights of a third party.
BREACH AND TERMINATION
The agreement constituted between us by your use of the Site may be terminated:
- where you breach any provision of these Terms; or
- at any time by us, without notice, in which case all disclaimers and limitations of liability will survive termination, and you will no longer be authorised to access the Site.
If any term or provision of these Terms is held by a court of competent jurisdiction to be contrary to law, such provision will be changed and interpreted so as to best accomplish the objectives of the original provision to the fullest extent allowed by law. The remaining provisions of these Terms will remain in full force and effect.
CEASING OUR WEBSITE
We have the right to discontinue our Site. If we decide to do this, it can be at any time and may be without notice to you. We may also exclude any person from using our Site, at any time and at our sole discretion. We will not be responsible for any liability you may suffer arising from or in connection with any such discontinuance or exclusion.
We are permitted to assign, transfer, and subcontract our rights and/or obligations under these Terms without any notification or consent to you. However, you are not permitted to assign, transfer, or subcontract your rights and/or obligations under these Terms.
GOVERNING LAW AND JURISDICTION
All Terms shall be construed in accordance with and governed in all respects by the laws of Queensland, Australia. In relation to any dispute, we ask that you contact us in the first instance so that both parties can, acting in good faith, resolve the dispute to our mutual satisfaction as quickly and cost-effectively as possible. Where a dispute cannot be resolved, you agree to submit to the exclusive jurisdiction of the courts of Queensland, Australia.