TERMS OF SERVICE - MY PUPPY SCHOOL LTD.
LAST UPDATED: September 29th 2021
My Puppy School Ltd. (“MPS”) is a business incorporated pursuant to the laws of province of Ontario. MPS provides a variety of group consulting sessions related to the purchase and/or care of dogs, online via videoconference (the “Consulting Session(s)”). By clicking “I ACCEPT” or by engaging MPS for Consulting Sessions, you (the “Client”) agree that you have read and understood and agree to be bound by these terms of service (the “Terms”), which shall apply in respect of all Consulting Sessions provided by MPS to the Client.
SECTION 1 – CONSULTING SESSION PURCHASE, RESCHEDULING AND CANCELLATION
1.1 Fees. The Client is required to pay in advance for each Consulting Session. Pricing for Consulting Sessions will be available on MPS’s website and is subject to change from time to time. Any fees paid for Consulting Sessions are non-refundable.
1.2 Scheduling and Rescheduling by Client. All Consulting Sessions must be booked in advance with MPS and may not be changed, except as provided for herein. If a Client is unable to attend a Consulting Session, they may transfer the scheduled Consulting Session to another person, provided that notice by email is provided to MPS, and the transferee agrees to be bound by these Terms.
1.3 Cancellation by MPS. MPS reserves the right to cancel a scheduled Consulting Session. Clients who are registered for a cancelled Consulting Session will be able to reschedule the Consulting Session for any time slot that is available within one year following the date of the cancelled Consulting Session. Failure to reschedule a Consulting Session within the aforementioned period will result in the forfeiture of said Consulting Session without refund. Under no circumstances will fees be refundable to the Client.
1.4 Lateness of Client. The Client is expected to arrive on time for any scheduled Consulting Session. Consulting Sessions will not be extended, nor any fees reimbursed, as a result of the late arrival of the Client to their scheduled Consulting Session.
SECTION 2 – POLICIES
2.1 Aggressive/Disruptive Clients. As the Consulting Sessions are held in a group format, it is important that all attendees maintain a cooperative and positive attitude. The Client may be removed from the Consulting Session, without refund, if MPS determines that the Client’s behaviour is disruptive or aggressive.
2.2 Use of Client’s Image. By engaging MPS for Consulting Sessions, the Client consents to the following:
during Consulting Sessions MPS may collect and retain photographs, videos, or other recordings of the Client, which will become the property of MPS (the “Client’s Image”).
MPS may use the Client’s Image for marketing, advertising and other business purposes (including, without limitation, the creation of promotional materials, brochures, website and social media content). The Client waives any right to compensation for any use of the Client’s Image.
2.3 Consent. If the Client provides notice by email to MPS retracting consent for the use of the Client’s Image, MPS will refrain from using the Client’s Image in any future publication. If consent is retracted, incidental collection of the Client’s Image may still occur in connection with the Client attending a Consulting Session; however, MPS agrees that the Client’s Image will not be used by MPS for marketing, advertising or other business purposes other than with the Client’s prior consent.
2.5 Third Party Services. MPS uses third-party services to deliver the Consulting Sessions including but not limited to Zoom and other videoconferencing services. The Client acknowledges and agrees that they may be required to agree to third-party terms of service in order to receive such third-party services and participate in the Consulting Session.
2.6 Policies. The Client acknowledges and agrees that MPS will have the right to amend existing and create further operating procedures and policies for its business from time to time (which includes, without limitation, all aspects of the Consulting Session, and other classes or sessions offered by MPS from time to time), and the Client agrees to abide by all such policies and procedures.
SECTION 3 – RESTRICTIVE COVENANTS
3.1 No Recording. All information and content transmitted by MPS, including but not limited to the entirety of the video, audio, and chat content of the Consulting Session and any supplementary materials provided by MPS, is copyrighted, and the property of MPS or a third party. All rights are reserved. THE CLIENT AGREES TO REFRAIN FROM RECORDING THE CONSULTING SESSION OR ANY PART THEREOF. The Consulting Content, as hereinafter defined, is solely for the Client’s own use. Any and all other uses, including but not limited to the reproduction, distribution, display or transmission of any of the Consulting Content is strictly prohibited.
3.2 MPS’s Confidential Information. For the purposes of these Terms, “Confidential Information” means any confidential and/or proprietary information concerning MPS or its business including, without limitation, MPS’s curriculum, consulting advice, templates, digital materials, supplementary materials, audio and video of zoom sessions, and other information provided by MPS in respect of the Consulting Session. The Client covenants and agrees to keep all Confidential Information confidential and not to disclose it to any person or entity, sell or publish it through any medium or use it for any purpose other than his or her personal use for educational purposes.
3.3 Equitable Remedies. The parties acknowledge that a breach of subsections 3.1 or 3.2 hereof may cause irreparable harm for which monetary damages may prove inadequate. MPS shall therefore be entitled to seek, in any court, temporary restraining orders, preliminary and permanent injunctions, and/or other equitable remedies in addition to all remedies available at law, in connection with any violation or threatened violation of any such provisions.
SECTION 4 – WAIVER, LIMITATION OF LIABILITY AND INDEMNITY
The Consulting Session and its content and information, including but not limited to any images, videos or third-party material used or presented on the MPS website or in a Consulting Session (the “Consulting Content”) is provided to the Client for informational purposes only. MPS makes no representations or warranties about the accuracy, reliability, availability, suitability, completeness, appropriateness or timeliness of the Consulting Content. Consulting Content is not intended to be and should not be taken as professional, medical or veterinarian advice or an endorsement, representation or warranty of any particular product, medication or treatment for any particular dog. MPS may advise the Client to seek professional advice for certain topics or questions which are beyond the scope of the Consulting Content. MPS makes no representations, warranties or guarantees of any kind related to the skills or knowledge growth, progression and/or performance generally that may be achieved by the Client or the Client’s dog(s) following the delivery of the Consulting Content.
To the fullest extent permitted by applicable law, the Client hereby waives all rights to make or bring any claims, demands, actions, suits or proceedings which the Client has or may in the future have against MPS its respective officers, directors, shareholders, employees, contractors, suppliers and agents (the “Releasees”) relating in any way to Consulting Content and the Client hereby releases and forever discharges the Releasees from any and all claims and liability relating in an way to a Consulting Content including, but not limited to, the Client’s use of or reliance on any information or advice received or obtained through a Consulting Content.
4.3 Limitation of Liability and Exclusion of Damages. Under no circumstances will any of the Releasees, be liable for consequential losses or indirect or special damages of any kind or for any loss or damage arising out of the Client’s participation in the Consulting Sessions, use of the Consulting Content, or use of MPS services, even if MPS has been advised of the possibility of such damages. Further, to the fullest extent permitted by applicable law, the Releasee’s maximum aggregate liability, including but not limited to applicable legal fees and court costs, is limited to direct damages in an amount not to exceed the total fees paid to MPS by the Client for the Consulting Session immediately preceding the event giving rise to such claim.
4.4 Indemnity. The Client hereby agrees to indemnify, hold harmless and defend the Releasees from and against any action, suit, claim, demand, proceedings, liability, damage, loss, cost and expense (including, without limitation, reasonable legal fees) (collectively, “Claims”) which may be made or brought against the Releasees, or which any of them may suffer or incur as a result of or in relation to (i) any non-fulfillment of any covenant or agreement on the part of the Client under these Terms; and/or (ii) any breach by the Client of any of his or her obligations, representations or warranties under these Terms.
SECTION 5 – GENERAL
5.1 Gift Cards. Gift cards are not redeemable for cash and are not refundable.
5.2 Provision of Consulting Session. MPS does not represent or warrant to the Client that Consulting Sessions will be uninterrupted, timely, secure or free from error or that any information provided will conform to any particular standards. MPS is not responsible for and disclaims all liability related to delays, delivery failures, or other damage resulting from matters outside of its control, including problems inherent in the use of the internet, mobile and personal computing devices and third-party service providers.
MPS reserves the right, at its sole discretion, to update, change or replace any part of these Terms by posting updates and changes to its website. It is the Client’s responsibility to check the MPS website periodically for changes. Attendance at Consulting Sessions constitutes acceptance of those changes by the Client. The most current version of these Terms is available for review at any time on MPS’s website.
5.4 Further Assurances. The Client will from time to time at MPS’s request and without further consideration, execute and deliver such other documents and take such further action as may be required to more effectively complete any matter provided for in these Terms.
5.5 Force Majeure. Neither party shall be liable for failure to fulfill its obligations under these Terms (other than a failure to make payment of fees or other amounts owing hereunder) if that failure is caused, directly or indirectly, by flood, communications failure, weather, fire, earthquake, or other natural calamity or act of God, interruption in electricity or internet connectivity, third-party server issues, acts of terrorism, riots, civil disorders, acts of governmental agencies, quarantines, epidemics or pandemics, malicious acts of third parties, labor disputes, or any other similar cause beyond the reasonable control of that party.
5.7 Severability. If any portion of these Terms is found to be illegal, invalid or unenforceable, the remaining portions shall remain in full force and effect.
5.8 Interpretation. Section headings are included for convenience of reference only and shall not affect the construction or interpretation of these Terms. These Terms shall not be construed against MPS by reason of the drafting or preparation of this document by its legal counsel. Time shall be of the essence in these Terms.
5.9 Governing Law. These Terms shall be governed by and construed in accordance with the laws of the Province of Ontario and the federal laws of Canada applicable therein (but without giving effect to any conflict of laws rules). The parties hereto agree that the Courts of Ontario shall have jurisdiction to entertain any action or other legal proceedings based on any provisions of these Terms. Each party hereto does hereby attorn to the exclusive jurisdiction of the Courts of the Province of Ontario.
FOR FURTHER INFORMATION OR TO CONTACT MPS:
MPS’s Website: www.mypuppyschool.ca
MPS Email Address: firstname.lastname@example.org