Terms of Service
By visiting our site or purchasing from us you engage in our Service and agree to be bound by these Terms of Service (“Terms”) together with our Privacy Policy, Refund Policy and any signed Service Contract (“Agreements”). These Terms apply to all users of the site including browsers, vendors, customers, merchants and contributors of content.
Please read these Terms carefully before using our website. By accessing any part of the site you agree to be bound by them. If you do not agree to all the terms you must not access the website or use any Service. If these Terms are considered an offer, acceptance is expressly limited to them.
Any new features or tools added to the store are also subject to the Terms. You can review the current version at any time on this page. We may update, change or replace any part of the Terms by posting updates on our website. Your continued use of the site after any change shows acceptance of the revised Terms.
Our store is hosted on Hostinger which provides the e-commerce platform that allows us to sell products and Services to you.
SECTION 1 – ONLINE STORE TERMS
You confirm you are at least 18 years old or have given consent for any minor dependants to use this site
You must not use our products for any illegal or unauthorised purpose nor violate any law in your jurisdiction including copyright
You must not transmit worms, viruses or destructive code
Breach of any Term results in immediate termination of Service
SECTION 2 – GENERAL CONDITIONS
We may refuse Service to anyone for any reason at any time.
Your content (excluding credit-card data) may be transferred unencrypted across networks and adapted to technical requirements. Credit-card data is always encrypted during transfer.
You agree not to reproduce, duplicate, copy, sell, resell or exploit any part of the Service without our written permission.
Headings are for convenience only and do not affect interpretation.
SECTION 3 – ACCURACY, COMPLETENESS AND TIMELINESS OF INFORMATION
Material on this site is provided for general information only. We are not responsible if it is inaccurate, incomplete or out of date. Reliance on the material is at your own risk. We may modify site contents at any time but are not obliged to update information so you agree it is your responsibility to monitor changes.
SECTION 4 – MODIFICATIONS TO THE SERVICE AND PRICES
Prices are in New Zealand dollars (NZD) and include GST unless stated otherwise. Prices and Services may change without notice. We may modify or discontinue any part of the Service at any time without notice.
SECTION 5 – PRODUCTS OR SERVICES
Certain products or Services are available only online and may have limited quantities. Returns and exchanges are governed by our Refund Policy at www.100percentk9.co.nz/refund-policy.
We strive to display product colours accurately but cannot guarantee your monitor’s display.
We may limit sales to any person region or jurisdiction, limit quantities, change descriptions or pricing or discontinue any product at any time. Orders that in our judgment appear to be placed by dealers resellers or distributors may be limited or refused.
Dog-training, homestay and board-and-train bookings are also governed by the relevant Service Contract. If these Terms conflict with a Service Contract the Service Contract prevails.
We do not warrant that any product, Service or information will meet your expectations or that errors in the Service will be corrected.
SECTION 6 – ACCURACY OF BILLING AND ACCOUNT INFORMATION
We may refuse or cancel any order or restrict quantities per customer, card or address. If we change or cancel an order we will try to notify you using the contact details supplied.
You agree to provide current complete and accurate purchase and account information and to keep it updated.
Late balances on Service invoices accrue default interest at 15% per annum calculated daily plus a NZ $20 administration fee.
See the Refund Policy for details.
SECTION 7 – OPTIONAL TOOLS
We may give you access to third-party tools “as is” and “as available” without warranties representation or control. Use of such tools is at your own risk and you should ensure you approve their terms.
SECTION 8 – THIRD-PARTY LINKS
Third-party links may direct you to websites not affiliated with us. We are not responsible for examining or evaluating their content and accept no liability for third-party materials products or Services. Complaints or questions about third-party products should be directed to the third party.
SECTION 9 – USER COMMENTS, FEEDBACK AND OTHER SUBMISSIONS
If you send creative ideas suggestions or other materials (“comments”) you agree we may edit, copy, publish, distribute, translate and use them in any medium without restriction. We have no obligation to keep comments confidential, pay compensation or respond. Comments must not violate any right of a third party or contain unlawful, abusive or obscene material or malware and must not mislead as to origin. You are solely responsible for your comments.
SECTION 10 – ERRORS, INACCURACIES AND OMISSIONS
Occasionally information on our site or in the Service may contain typographical errors inaccuracies or omissions including product descriptions pricing promotions offers product shipping charges transit times and availability. We reserve the right to correct them and change or cancel orders if any information is inaccurate at any time without notice including after an order is submitted.
We are not obliged to update amend or clarify information in the Service or on any related website including pricing except as required by law. No update or refresh date should be taken to indicate that all information has been modified or updated.
SECTION 11 – PROHIBITED USES
You must not use the site or its content for any unlawful purpose, solicit unlawful acts, violate any law, infringe intellectual-property rights, harass abuse insult harm defame slander disparage intimidate or discriminate, submit false information, upload viruses or malicious code, collect personal information of others, spam phish pharm pretext spider crawl scrape, harm or exploit animals or interfere with security features. We may terminate use of the Service for any prohibited use.
SECTION 12 – DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY
Nothing in these Terms limits your rights under the New Zealand Consumer Guarantees Act 1993 (CGA) or Fair Trading Act 1986 where they apply. Where you acquire goods or Services for business purposes you agree the CGA does not apply.
Except for liability that cannot be excluded by law our total liability arising under these Terms or in connection with the Service is limited to the lesser of the amount you paid for the product or Service giving rise to the claim or NZ $5,000.
The Service and all products delivered through it are provided “as is” and “as available” without warranties or conditions of any kind, express or implied, including implied warranties of merchantability, fitness for a particular purpose, durability, title and non-infringement. We do not guarantee that your use of the Service will be uninterrupted timely secure or error-free. In no case shall 100%K9 LTD or its officers employees affiliates agents contractors suppliers or licensors be liable for any indirect incidental punitive special or consequential loss including lost profits revenue savings data or replacement costs.
SECTION 13 – INDEMNIFICATION
You agree to indemnify defend and hold harmless 100%K9 LTD and its officers directors employees affiliates agents contractors licensors Service providers subcontractors and suppliers from any claim or demand including reasonable legal fees arising from your breach of these Terms or violation of any law or the rights of a third party.
SECTION 14 – NEW ZEALAND CONSUMER LAW
Consumer Guarantees Act 1993 – If you acquire goods or Services for personal domestic or household use you receive statutory guarantees that cannot be excluded
Business purpose – Where goods or Services are acquired for business purposes the CGA guarantees do not apply
Fair Trading Act 1986 – Nothing in these Terms limits your rights under the Fair Trading Act
Dispute resolution – If a dispute arises we will try to resolve it in good faith. If unresolved either party may request mediation administered by AMINZ in Auckland before litigation
SECTION 15 – CANCELLATIONS, REFUNDS AND LATE PAYMENTS
Training sessions – Cancel 48 hours or more before start for a full refund. Cancel less than 48 hours beforehand incurs a 50% fee
Homestay and board-and-train – Cancel seven days or more before check-in for a full refund less any non-refundable deposit. Cancel less than 48 hours beforehand or no-show results in a 100% fee
Retail products – Change-of-mind returns accepted within 14 days if items are unused in original packaging with proof of purchase. You pay return shipping
Late payment – Balances outstanding more than five days incur a NZ $20 administration fee plus interest at 15% per annum calculated daily until paid in full
Full details are in the Refund Policy.
SECTION 16 – INHERENT RISK AND VETERINARY AUTHORISATION
Participation in dog training, boarding or related Services carries inherent risks. You assume all such risks and agree to follow safety instructions. You authorise 100%K9 to obtain veterinary treatment for your dog up to NZ $400 if we cannot reach your emergency contact. All emergency costs remain your responsibility.
SECTION 17 – SEVERABILITY
If any provision of these Terms is unlawful void or unenforceable that provision is enforceable to the fullest extent permitted by law and the unenforceable portion is severed without affecting the validity of the remaining provisions.
SECTION 18 – TERMINATION
Obligations and liabilities incurred before termination survive termination. These Terms remain effective until terminated by you or us. You may terminate by telling us you no longer wish to use our Services or when you stop using the site. We may terminate at any time without notice if you fail to comply with any provision and you remain liable for amounts due up to the termination date.
SECTION 19 – ENTIRE AGREEMENT
These Terms and the Agreements constitute the entire agreement between you and us and govern your use of the Service, superseding any prior agreements or communications. Our failure to exercise or enforce any right or provision does not waive that right or provision. Any ambiguities in interpretation are not construed against the drafting party.
SECTION 20 – GOVERNING LAW
These Terms and any separate agreements whereby we provide Services are governed by New Zealand law and the parties submit to the non-exclusive jurisdiction of the courts of New Zealand.
SECTION 21 – CHANGES TO TERMS OF SERVICE
We may update, change or replace any part of the Terms by posting changes to our website. It is your responsibility to check the page periodically. Your continued use of the site or Service after any change shows acceptance of those changes.
SECTION 22 – CONTACT INFORMATION
Questions about the Terms should be sent to training@100percentk9.co.nz
Our contact information is posted below:
100%K9