Terms of Use

INTRODUCTION

These Terms and Conditions set out how you (the User) can use this Site.

Please read them carefully.

The Pawsitive Regard Privacy Statement is set out in a separate page and confirms how we use data relating to you and it forms part of these Terms of Use.

Separate legal terms apply to purchases made via this Site.

These terms may change from time and the terms in force will be displayed on this page.

ABOUT US AND HOW TO CONTACT US

Pawsitive Regard is founded by Lucy Partridge

You can contact us in writing via lucy@pawsitiveregard.org or by post at the registered office address.

SITE USE

By visiting www.pawsitiveregard.org you are consenting our terms and conditions as set out below.  Should you not wish to accept the terms and conditions of this Site in full you should cease using this Site immediately.

This website, www.pawsitiveregard.org, will be referred to as the “Site”.  All visitors to the Site will be referred to as “User” “You” or “Your”. As a user, you will be bound by these Terms of Use which may also be referred to from time to time as Terms and Conditions. The terms “We” “Us” and “Our” refer to Pawsitive Regard. Accessing and using the Site constitutes acceptance of the Terms of Use.

By using this Site you agree to the Terms and Conditions without modification. We reserve the right to amend the Terms of Use of this Site and on doing so we will update these Terms and Conditions.

This Site is intended for use by persons who are a minimum of 18 years old.

You must not copy, share or disseminate the information on this site which is subject to copyright for which all rights are reserved.

This Site is directed to people residing in the United Kingdom. We do not represent that the content will be available or appropriate in other locations. This Site is written in English and we do not take responsibility for any translations which are applied to this Site.

In using this Site you may encounter comments and/or content supplied by other users. The information contained within user comments is not verified or approved by us. The views expressed by other users on the Site do not represent our views or values.

TERMS

The content on this Site, and the associated social media channels (via @pawsitive.regard) and email marketing, will include information on dog training. All content is intended for informational purposes only. None of the content in emails, blog posts or social media posts should be construed as specific dog training advice.

In addition to these Terms of Use please be aware of our Privacy Policy and Terms and Conditions of Sale which include key terms which are set out separately on our Site.

SITE OPERATION

This Site is available free of charge.

We do not guarantee the availability of any Site or content. We reserve all rights to withdraw, suspend or restrict the content at any time for any reasons. Where possible, we will give you reasonable notice if the Site is to be suspended.

We do not guarantee that this Site will be secure or free from bugs or viruses.

You are responsible for configuring your information technology, computer programmes and platform to access our Site. You should use your own virus protection software.

 PRIVACY POLICY

Our business has a privacy policy. The key elements of that policy are set out on this Site in our Privacy Statement, last updated 04/10/2023 The Privacy Statement can be found at www.pawsitiveregard.org/privacy-policy.

INTELLECTUAL PROPERTY RIGHTS

This Site contains intellectual property created and owned by Lucy Partridge of Pawsitive Regard unless otherwise stated. The Intellectual Property includes all content on the Site. Content means any text, graphics, audio and video and also extends to the page layouts of this Site and any social media channels and emails. All photographs and videos on this website and the connected social media channels (@pawsitive.regard) are subject to copyright.

You may not use our intellectual property in any way. This includes but is not limited to republishing or sharing any text, graphics, audio and video and also extends to the page layouts of this Site and any social media channels and emails.

Should you wish to utilise the content on this Site please contact lucy@pawsitiveregard.org to make your request. You must receive written permission to repurpose, copy and/or modify any content on this Site, or content which is shared to you by email or on social media.

If you are granted permission to share content from this Site or our social media channels please link back to the specific website page and let us know that you have shared the piece so that we can share your piece with our audience.

For all copyright requests please contact Lucy Partridge via lucy@pawsitiveregard.org .

 

LOSS OR DAMAGE

Notwithstanding any of these terms, we do not intend to exclude or limit our liability to you where it would be unlawful to do so. We do not exclude or limit liability for death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors and for fraud or fraudulent misrepresentation.

We have no liability to You for any loss of profit, loss of business, business interruption or loss of business opportunity. To the maximum extent permissible at law, our aggregate liability to you in connection with these terms howsoever arising in contract, negligence or otherwise, is limited to £250.

If defective digital content that we have supplied damages a device or digital content belonging to you and this is caused by our failure to use reasonable care and skill, we will either repair the damage or pay you compensation.

REFUND POLICY

Should you decide to purchase a training programme or any personalised product from this Site then you will enter into a contract of sale with us at the point of sale. If you change your mind about purchasing you are entitled to a refund for the 14 days following the purchase. Should your training course or programme start within that 14 day period and you decide to cancel then you will be refunded, but the amount of any training sessions or value received will be deducted from your refund. Deductions will be calculated on a pro-rata basis.

If you make an electronic purchase then you will be sent a link for a direct download.  At the point of purchase, you will be asked to confirm your express consent to receiving the download immediately. In agreeing to receive the download at the point of purchase you will lose your right to cancel and your right to a refund.

Should you have any questions about your purchase we will be happy to assist.

DISCLAIMERS

The information on this website is intended for entertainment and information purposes only and does not constitute veterinary or behavioural advice. The information on this Site is provided without any representations or warranties, express or implied.

You must obtain professional or specialist advice before taking, or refraining from taking, any action on the basis of the content on our Site.

You must not rely on the information on our Site as an alternative to veterinary advice from your veterinarian or other professional healthcare provider. If you have any specific questions about a veterinary concern you should consult your veterinarian or other relevant health professional. If you believe your dog may be suffering from a veterinary condition you should seek immediate veterinary attention. You should never delay in seeking veterinary because of information on our website or social media channels.

You must not rely on the information on our Site as an alternative to behavioural advice from a Certified Clinical Animal Behaviourist (CCAB), Veterinary behaviourist or other professional behaviourist. If you have any specific questions about a behavioural concern you should consult your veterinarian or Certified Clinical Animal Behaviourist (CCAB), Veterinary behaviourist or other professional behaviourist. If you believe your dog may be suffering from a behavioural concern you should seek immediate veterinary attention or behavioural advice. You should never delay in seeking behavioural advice because of information on our website or social media channels.

All food information is provided as guidance. If your dog suffers from allergies then caution should be given when considering the recipes/ food options included on the Site.

Not all training programmes shared are suitable for all experience levels. If you or your dog is new to exercise, pregnant or have given birth within the last six months, or have recently been injured you should consult with a veterinarian/ medical professional before taking part in any physical exercise and follow their advice.

Although reasonable efforts are made to update the information on this Site, we make no representations, warranties or guarantees, whether express or implied, that the content on our Site is accurate, complete or up to date.

The content on this Site does not constitute behavioural or veterinary advice. Should you require advice under any of these heads then you should contact a professional directly. Viewing the information on this Site does not constitute a contractual relationship between you and us.

Nothing in this disclaimer will:

(a)      limit or exclude any liability for death or personal injury resulting from negligence;

(b)      limit or exclude any liability for fraud or fraudulent misrepresentation;

(c)      limit any liabilities in any way that is not permitted under applicable law; or

(d)      exclude any liabilities that may not be excluded under applicable law.

This Site may contain links to other sites. These sites are not under our control and we cannot be responsible for any actions or events arising from you following any links from this Site. Links are provided for informational purposes only and should note be interpreted as approval or endorsement by us.

Any comments on our blog or social media channels are not endorsed or verified by us. We are not responsible for the comments on our Site made by third parties. Should we become aware of comments which are likely to be distressing we will remove them from our Site. Removal of comments does not indicate that any compensation will be awarded, it will not, comments are removed to ensure enjoyment for Site users.

JURISDICTION AND DISPUTE RESOLUTION

These Terms are governed by the laws of England & Wales. The Courts of England & Wales have exclusive jurisdiction for any matter and proceedings arising out of the use of this Site.

It is intended that all disputes can be resolved with good faith between the parties. Should it not be possible to resolve a dispute then the dispute shall be referred to mediation.

COOKIES POLICY

This Site uses cookies; small files of letter and numbers that are automatically placed on your machine – if you agree - to help our Site provide a better user experience.

Cookies do not typically include identifying personal information but cookies may also be linked to personal information which is stored about you.

We use cookies to retain your user preferences, store information from elements of our Site such as shopping carts, and to provide anonymised tracking data to third party applications such as Google Analytics. These cookies are likely to be analytical/performance cookies or targeting cookies. We have no control over third party cookies.

In general, cookies should make your browsing experience better. You may prefer to disable cookies for this Site which you can do by disabling cookies in your browser. We suggest following the steps via the ‘Help’ tool of your browser. Please note that if you change your browser settings to block all cookies (including essential cookies) you may not be able to access some or all of our Site.

Except for essential cookies, all cookies expire within a reasonable period of time.

 MISCALLENEOUS

Whilst using this Site you may provide personal information about yourself including your name and email address. When providing these details, you agree to provide accurate and up to date information.

For the avoidance of doubt the Terms of Use stand as terms only, there is no intention to create a contract.

Booking Terms & Conditions for training sessions and behavioural sessions

Please read our terms carefully. In proceeding to use our services you are accepting our terms in full without variation.

1. Services

1.1 All services are provided by Lucy Partridge, working under “Pawsitive Regard Dog Training”, “the Company” or “Us” or “We”.

1.2 Any references within these terms to “you” or “the Customer” mean the person purchasing the services as named on the invoice. By making a booking, you are accepting these terms in full.

1.3 Following an enquiry made by you, you will be asked to provide information about your pet and the challenges that you are facing. If we believe that we can help we will offer you the opportunity of either an in-person or virtual (online) session.

1.4 Prior to the session, we may need detailed information from you, including video footage of any issues so that we can fully prepare to support you. We do not usually require you to prepare your pet in any way, but that may be dependent on the issue which your pet is facing. We can discuss this further with you.

1.5 All initial training sessions, whether remote or in person, will be approximately 1.25hr (dogs over 6 months) or 1hr (puppies under 6 months) in duration. Should you require a follow-up session, they are usually 1hr (dogs over 6 months) or 40mins (puppies under 6 months) unless otherwise agreed in advance. All initial behavioural assessment appointments are 1.5hr. If you are wanting to attend a group class for dogs over 6 months, we require that you first attend a one-to-one appointment with us prior to joining the group.

1.6 Where you are purchasing a block booking of support we will agree the most suitable time period between sessions (weekly, fortnightly) at the point the package is purchased and we book in the dates for all of the sessions at the outset.

1.7 A booking can only be confirmed once we receive payment in full, the completed new client form and a signed copy of this contract. Bookings will be confirmed via email.

1.8 Should you fail to provide payment, the completed new client form and a signed copy of this contract within 7 days of your booked session then the dates of any sessions booked will be released for alternative bookings so to allow flexibility in the diary for others.

2. Payments and Pricing

2.1 Our prices are as advertised on our website. You can purchase one off-sessions and block bookings. Please see the website for more details. Please do contact us if you have any questions prior to booking. My hourly rate is £60ph for training sessions and £70ph for behaviour sessions, and I can offer bespoke packages if you would like shorter or longer training sessions. These sessions include follow up notes and a training plan with associated handouts and video tutorials. Block bookings, workshops and group classes are individually priced. Mileage is included within 15miles of TA7 8EG, distances over 15miles are charged at 45p per mile.

2.2 Quotes may be higher or lower for certain clients depending on various factors such as the complexity of the arrangement chosen which may impact the number of hours required in each circumstance.

2.3 Payment is required in advance. You can make payment directly through our website booking system or via BACS to:

Lucy Partridge

First Direct

Account Number: 81400614

Sort Code: 40-47-66

2.4 Where a package of sessions is purchased you are must use all of the sessions within six months of the original date of purchase. Any sessions which have not been used within this period will expire.

2.5 Where you are booked onto a group course, all sessions must be paid for whether you can attend all sessions or not. Dates will be published in advance.

2.6 I am a Full PACT Accredited Member and I'm registered with the Animal Behaviour and Training Council (ABTC) as an Animal Training Instructor (ATI). I'm also a PACT Animal Behaviour Technician (ABT). As a Full PACT Member:

2.6.1 I work under the PACT Code of Conduct, a copy of which is available upon request.

2.6.2 I am taught up-to-date training methods that are effective and welfare-friendly

2.6.3 I adhere to a strict code of conduct which specifies the equipment and training methods that I will refrain from using.

2.6.4 I work within the boundaries of the ABTC ATI and ABT standard and refer on or seek advice when a case may be outside of my specific expertise.

2.7 At all times you remain liable for all fees incurred in association with our services.

3. Weather Policy, Alterations to Bookings and Cancellations

3.1 Due to the nature of the support services we provide, our services are likely to take place in inclement weather, please do ensure that you have appropriate clothing and footwear for the session if we are going outside.

3.2 In the event of bad weather, we will notify you that the session can not proceed. “Bad weather” will be determined by weather warnings and guidance which is put in place. We will use our professional judgement, acting in the best interests of your pet, when deciding to postpone a session. We will notify you as soon as possible about the session being unable to proceed and reschedule as soon as possible after the original session date.

3.3 Should we need to reschedule a session for any reason we will provide you with as much notice as possible.

3.4 Should you need to postpone a session, including your pet being unwell, you will be required to give notice in writing. If 48 hours’ notice is given then the session can postponed and rescheduled. If less than 48 hours’ notice is given that session will be forfeited and can no longer be used.

3.5 The work we do often requires a relaxed and calm approach. If you are more than 10 minutes late to a session, it may not be in the best interests of your dog for the session to go ahead. Where possible we will reconfigure the work within the session, however, where it is not possible to do this the session may have to be forfeited.

3.6 Once you have agreed to these terms and conditions you can request a refund in accordance with clause 5. Termination, or cancellation, of the contract can only take place in the limited circumstances set out in clause 10.

3.7 We will follow all government guidelines and safety recommendations including, but not limited to, guidance on isolating and quarantining. Should it be required by those recommendations, it may be necessary to deliver face-to-face sessions online. If there are any changes to how the session will be delivered, we will notify you as soon as possible via email

4. Health of Your Pet and Welfare Policy

4.1 Just like you, we are passionate about the correct treatment of animals. When delivering our services we are keen to ensure that we always put animal welfare at the forefront of everything that we do.

4.2 We do not endorse, nor do we utilise, the use of prong collars, e collars, choke/check chains, slip leads, flexi leads or similar. You will bring your dog to training sessions on a flat collar or body harness and fixed lead. Any breach of our Welfare Standards may result in the withdrawal of our services to you.

4.3 Our training and handling methods are kind and humane. We do not believe in using aversive techniques or punishment. Should we see any conduct or treatment which does not align with our approach we will terminate the delivery of our services immediately.

4.4 We recommend that your pet is seen routinely by a veterinary professional. It is your responsibility to ensure that your pet is up to date with any vaccinations, worming and other necessary treatments, particularly as some sessions may involve your pet coming into contact with other dogs. We may ask to see proof of vaccination and worming prior to attending any sessions.

4.5 Please advise us if you female dog is in season. To protect the health and wellbeing of both your pet and others, we ask that you do not bring you dog to our classes or one-to-one sessions if they’re in season.

4.6 Human safety is just as important to us as that of your pet. Please ensure that during all sessions any young children have alternative adult supervision so that you and your pet can focus on the session.

4.7 In order to get our relationship with your canine off on the best foot, please ensure that we can meet them for the session in a controlled manner and not at the front door (for home visits). If you are aware of any behaviour within your pet e.g. a history of aggression or any behavioural concerns, then please let us know. We appreciate that it may be difficult to share this information but it helps to support the safety of everyone involved.

4.8 Please ensure your dog is on a lead at all times when attending training sessions, unless otherwise advised by myself or another instructor.

5. Complaints and Refunds

5.1 We are committed to providing you with a high-quality service. Should there be any cause for complaint in relation to any aspect of our service please contact Lucy Partridge via email: lucy@pawsitiveregard.org. We agree to investigate your complaint carefully and promptly and take reasonable steps to resolve it.

5.2 Should you change your mind within the first 14 days following your booking, you shall be provided with a refund in full, subject to the services not already having been delivered. If some services have already been delivered as part of a package, then a refund will be provided pro-rata in accordance with the amount of sessions delivered and time dedicated to the planning and preparation of your sessions.

5.3 If a refund is requested 14 days following the date of the booking, no refund will be provided. This includes circumstances where: you have rehomed your pet, your pet has passed away or is ill, you cannot attend a session and you have not provided the necessary notice to postpone, or you have changed your mind.

5.4 All refunds will be provided in accordance with your statutory rights.

6. Liability and Limitations

6.1 At all times during the session, your pet is entirely your responsibility. Even where the behaviourist or trainer is working alongside you.

6.2 We will not take responsibility for any loss or damage caused by your pet. We accept no liability for any loss, injury, or damage to any person or property caused by you or your pet.

6.3 We will do not accept any liability when it is not possible to attend the session due to adverse weather or road conditions. Neither will we be responsible for any losses arising in circumstances where we become unable to deliver the services such as illness, bereavement, or circumstances beyond our control. In such circumstances we will make every effort to keep you updated and advised and an alternative session will be rescheduled as soon as possible.

6.4 We make no guarantees or claims as to yours and your dog’s success as this is contingent on many different and variable factors. Each individual and their dog(s) are unique, and their abilities, temperament and behaviour are unique to them. All training/behaviour modification is acquired at different rates for each dog.

6.5 We are not responsible for any action or inaction which you take as a result of the information provided to you within the session(s).

6.6 No content in the session(s) should be construed as veterinary or nutritional therapeutic advice. If you believe that your dog(s) requires veterinary attention you should seek assistance from a veterinary professional immediately.

6.7 Any testimonials used within our marketing are provided freely and independently but they are illustrative only. We cannot guarantee results as to outcome or in respect of timescales.

6.8 Nothing in these terms shall limit or exclude our liability in respect to fraudulent misrepresentation, death, or personal injury, resulting from our negligence, or any other liability which cannot be limited or excluded by law.

7. Data Protection and Confidentiality

7.1 Please see our Privacy Policy provided (available on our website: https://www.pawsitiveregard.org/privacy-policy) .

7.2 Your privacy and the protection of your personal data is important to us and it will be handled in the following way:

a) Apart from as outlined below, your data will only be used and processed in connection with the performance of the services listed above;

b) Your personal data will be kept confidential and will never be shared with unconnected third parties. It will be shared with third parties such as an accountant to allow them to perform accountancy functions;

c) Your data will be kept secure at all times and only stored electronically on devices which are password protected;

d) In order to ensure that the data held is accurate, all data will be obtained from you directly;

e) Your data will be stored for the minimum number of years following completion of the services to allow compliance with insurance obligations; and

f) All data collected will be limited to that which is necessary to allow the services to be performed.

7.3 We do not share with anyone else the specifics of the services provided to you as these have been designed for you and your dog(s) alone. We commit to adhere to professional standards of confidentiality.

8. Intellectual Property

8.1 From time to time, we may share with you written assets such as workbooks or guidance material, or video content. We shall own any, and all, intellectual property we create. You are not permitted to duplicate, republish, reproduce, distribute, translate, or provide copies to third parties, without our prior written agreement.

8.2 During sessions we may take photographs or videos of you and your pet. Such content can be useful for training purposes. Please email us if you do not agree to us sharing images or video footage of our sessions on social media or within our online training materials and resources.

8.2.1 Please see our social media privacy policy and consent form, attached.

8.3 Where you provide us with a testimonial, you are providing consent for us to use that testimonial within our marketing and you shall not receive a fee or compensation of any kind. Should you provide an image with your testimonial, you are confirming that the image is free of any copyright restrictions and that we have full rights to use it howsoever we choose.

9. Insurance

9.1 We hold effective indemnity insurance covering the services that we provide and the insurance policy is taken out with a reputable insurer.

9.2 Lucy Partridge has an up to date DBS certificate, available on the update service.

10. Termination

10.1 We reserve the right to terminate the services provided to you at our sole discretion. Grounds for termination include, but are not limited, to:

10.1.1 Your failure to adhere to the Welfare Standards set out above;

10.1.2 Any behaviour by you which we deem detrimental to group activities.

10.2 In the event of termination, no refund will be provided for any services previously provided to you, subject to your statutory rights set out below.

11. Third Party Rights and Applicable Law

11.1 No person other than the person provided with a copy of these terms shall be deemed to have the benefit of the services or have any rights to enforce or rely on any of the terms.

11.2 These terms are our standard terms and conditions of business and shall at all times be construed in accordance with the laws of England & Wales.

11.3 The English Courts will have exclusive jurisdiction in relation to any claim, or dispute arising out of this agreement or any matter arising from it.

EXECUTION

The parties have indicated their acceptance of this Agreement by executing it below.