Terms & Conditions

My Dog Agility Centre Pty Ltd

The short version:

BOOKINGS: All bookings must be made via website and payment must be made prior to session commencement. Bookings can be transferred to friends on approval from management. Cancellations within 24 hours of booking will not be refunded. Cancellations within 48 hours will be transferred or refunded subject to admin fee. Any sessions cancelled due to weather or COVID will be rescheduled.

ARRIVAL: The access lane to the centre is a shared road. Please observe a 5km speed limit and be watchful for pedestrians and resident traffic. All arrivals will be required to observe current Covid protocols via QR code sign in etc. There is no parking along the lane way other than specified areas. If these areas are full you will need to park along Garfield West Road please

RULES FOR DOGS: Please make every effort to keep your dog under control while at the centre and respect the personal space of other dogs. Dogs outside of training fields must be leashed at all times. Dogs inside of training fields need to be under control while waiting their turn, either via leash or in one of the crates provided. Management must be notified at the time of booking if your dog is reactive so that appropriate scheduling can occur. All dogs training must be physically sound, of an appropriate weight and age for training. Please do not be offended if we question your dogs suitability for training. All dogs should be toileting in designated area prior to entering training fields and bags provided must be used by owners. Excessive barking will not be tolerated. Wherever possible please do not bring other dogs, there is a limit on how many dogs can be at the centre at any given time.

RULES FOR PEOPLE: Please be respectful of other clients, trainers and management. We aim to create a supportive environment and respect that there will be different handling systems and abilities. Criticism of others will not be tolerated in any form, whether publicly or privately delivered. If you have a problem with anyone, it should be referred to management to solve. Please arrive in plenty of time for your booking, adhere to training times and be conscious that others may be waiting.

1. Your contract with My Dog Agility Centre Pty Ltd

1.1 Introduction – My Dog Agility Centre Pty Ltd (we or Agility Centre) offer a number of different ways for our customers (you or Customer) to book, manage, use and pay for Agility Centre services we offer at our facilities. We refer to our services as Agility Centre. These Terms apply as a contract between you and us, governing your use of our Agility Centre. The Terms also apply to successors and assigns of Agility Centre, and our employees, agents and contractors where applicable.

1.2 Application of Terms - these Terms apply to you whether you are the person (including a corporation) entering into the contract as described in clause 1.3, or a person using an Agility Centre under such a contract or with the authorisation of the person entering the contract. You as the person entering the contract must ensure that you and the person’s attending with you and your domestic animals comply with these Terms. You remain liable in all cases for the performance of the contract, even if we also have rights against you as a used.

1.3 Formation of contract - these Terms take effect as a binding Agreement between you and Agility Centre, when:

(a) You sign an application form incorporating these Terms (and if the form requires a form of acceptance by us such as our representative’s signature or issuing a reference number, we have completed that acceptance process); or

(b) You use our website to purchase a Agility Centre access as in Field Hire /Course (and if the website requires a form of acceptance by us such as issuing a reference number, we have completed that acceptance process); or

(c) You agree to use a mobile phone or digital application provided by us or by a third party, offering Agility Centre access; or

(d) You accept the Terms by entering the Agility Centre.

1.4 Other conditions- In addition to these Terms, other conditions apply to your use of a Agility Centre where we notify you and give you a reasonable opportunity to read them. The other conditions may be explained in these Terms, set out on an application form, posted on our website, posted our Agility Centre.

1.5 Authorisation - if you are a company or other corporate entity:

(a) these Terms apply to you if an authorised representative provides your company details as the Customer. When an individual does so, they are representing to us that they have authority to bind you to these Terms. We will rely on that authority in providing our Agility Centre to you, and you will be bound unless you prove to us that the individual did not have your authority; and

(b) you are responsible for all use of Agility Centre equipment by your authorised person’s.

2. Agility Centre Products

2.1 Product descriptions - full descriptions of the services that we provide, and the applicable terms and fees for each service (in addition to these Terms), are provided in one or more of the following places:

(a) in these Terms;

(b) in an application form or binding quote that we provide;

(c) on our website at www.mydogagilitycentre.com.au

(d) on a notice installed at the entrances to a Agility Centre, such as a Conditions of Entry or Limitation of Liability notice; or

(e) otherwise in information we make available to you.

2.2 Summary of products - Agility Centre Services include:

(a) Casual Field Hire , which includes Field, Equipment, Gazebo, chairs and kennel

(b) Regular weekly Hire, which includes same as for Casual Field Hire, but you have a fixed weekly session, that will be charged in a monthly retainer and is payable before the first session of the month.

(c) Our Members’ Service Centre, providing account management capability; and

(d) Other Products that we make available from time to time.

2.3 Eligibility for particular Services – we may offer certain Services and/or fees only to Customers that meet specified eligibility criteria, such as being an employee of a particular entity, or a member of a rewards, loyalty or other membership- based program. If you cease to meet the eligibility criteria, we will cease making the relevant Service and/or fees available to you, and standard terms will apply. It is your responsibility to notify us of any change to your eligibility.

3. Online Booking

3.1 Our Services offer the ability to pre-book an Agility Field area for a particular period in a Agility Centre via a Agility Centre App or our website (Online Booking). An Online Booking that you make:

(a) is valid only for the time, date, Service specified in the Online Booking.

(b) is valid only for the period booked.

(c) will be charged in full, even if you do not use the Online Booking, or your use is shorter than the period booked;

(d) may be cancelled or changed by you, without any charge applying unless already incurred (such as an SMS Fee), by notifying us at least 36 hours prior to commencement of the booked period;

(e) is non-transferable;

(f) cannot be resold to any person;

(g) is subject to review and approval by us. We may decline an Online Booking on any basis including limited availability of Agility Centre, volume of bookings by a Customer or length of time requested.

(h) may be cancelled by us without notice and without liability if we are unable or unwilling for any reason to provide the Agility Centre service booked. If we cancel, we will not charge for the Service and will promptly refund or cancel all fees already paid or incurred.

4. Fees and payment

4.1 Types of fees - we will provide you with information on fees as part of the terms we offer for each Service, as described in clause 2.1. Our fee types include the following:

(a) for Online Booking Products, the Booking Fee or Transaction Fee for booking a Field or Course;

(b) SMS Fee for receipt of Online Booking confirmation via SMS if selected;

(c) Casual Agility Centre Fees, usually shown at the Agility Centre entrance;

(d) Monthly Agility Centre Fees, usually shown in an application form or binding quote

(e) management fees for additional work you ask us to perform, that is not covered by any other fee.

4.2 Payment methods - we will make payment methods available to you that may differ between Services. Payment methods include cash payment, credit card payment from a pre-authorised account, direct debit (which will require you to complete and submit a Direct Debit Request Form), EFTPOS or credit card swipe or other authorisation, online credit card or other payment platforms. Payment methods using third parties may carry additional terms which you and we must comply with.

4.3 Authorisation - when you give us your credit card or debit account details, you are authorising us to charge your credit card or debit account with the amount of the applicable fees, and you may not withdraw your authorisation until all fees have been paid.

4.4 Periodic fees - where a monthly or other periodic fee applies to our Service:

(a) we may require you to pay a separate initial fee before you can start using the Service;

(b) we will provide an invoice for each period paid;

(c) the periodic fee is payable in advance in the manner provided for by the payment method, and if no time is provided, within 14 days of receipt of an invoice;

(d) additional fees, such as Casual Agility Centre fees, apply for usage of Services that falls outside the scope of services provided for the periodic fee;

4.5 Our costs - any costs incurred by us in connection with a breach of this Agreement by you, including legal costs, debt collection agency costs, commissions and GST, must be paid by the you within 7 days of written notice from us.

4.6 Spend limits - If the Customer is an individual, a limit of $240 (excluding GST) in fees accrued applies in any one month period. If the $240 limit is reached, you may be denied access to our Agility Centre until we receive payment for the fees accrued.

4.7 Taxes - the amounts we charge you and that you must pay us will include applicable amounts in respect of Goods and Services Tax and other applicable taxes, charges and fees, however described, that we are required to charge you, or that we incur in respect of our Service we provide to you, and are not prevented from recovering from you. Any stamp duty assessed in respect of this Agreement is payable by you.

5. Risks and Liability

5.1Physical risks - we will use due care and skill in providing you with the services, and we endeavour to provide them in a safe and controlled environment. However, using a Agility Centre raises inherent risks you should be aware of. These include risk of: damage being caused to persons, or hazards created by weather and environmental conditions; the condition of the services and structures in which the Agility Centre is located; theft or malicious damage; malfunctioning equipment, and damage being caused in the course of conducting our operations.

5.2 Online risks - we will use due care and skill in providing you with Online Booking services, website services and functionality, and payment and technological support services. However, using technology raises inherent risks you should be aware of. These include risk of loss of service, outages, delays, loss of data, malicious or careless breaches of data security, and infection of your equipment by viruses or malware.

5.3 No guarantees - we do not guarantee:

(a) that the Service, or the technological and physical facilities that we use to provide the Services, will be available at all times;

(b) that your use of a Service will be uninterrupted or error free;

(c) that all Services or any particular Service will be available at our Agility Centre; or

(d) that in using the Service you will not incur any damage to person or your property and domestic animal.

(e) we may review the periodic fee at any time and notify you of a different fee to take effect on 10 days’ notice. Use of a Service by you after that period constitutes acceptance of the varied fee.

5.4 The Agility Centre brings to your attention that when you are using our services, there may be other persons that are present on the grounds of the Agility Centre with their domestic animals. These animals maybe leashed or unleashed. There is always a risk that domestic animals no matter what size or breed may interact and cause harm to another domestic animal, or animals that are on the grounds of the Agility Centre. Where injury occurs to another domestic animal, or person by your domestic animal, or person or persons with you, you will indemnify the Agility Centre from all claims or liability that is brought against the Agility Centre by the person or parties that have suffered injuries as a result of your domestic animal or person or persons that are with you that have caused the injury.

5.5 Consumer protection - the Australian Consumer Law (ACL) provides consumers with statutory rights that cannot be excluded. Other than as provided in the ACL, you use the Products at your own risk and we are not liable for damage caused to you or any person with you and domestic animals. We limit our liability to the relevant Services to you or repaying the cost of the Services, at our election, to the extent the ACL allows.

5.6 Your obligations - when using our Services, you and each person with you are required to take reasonable care to avoid damage to yourself, other persons, and Agility Centre and third party property. You are liable for, and indemnify us against, any loss or damage or claim suffered by us in connection with any breach by you or that of any person with you of this requirement or this contract.

6. Registering online with our Agility Centre

6.1 We offer an online portal function that we refer to as the Agility Centre.

6.2 A Customer that is a corporation must appoint an authorised representative to administer the Customer's account. The Customer is responsible for all actions of the representative and any other person using the services or operating its account.

6.3 Becoming a registered user is free. You may register only if you are resident in Australia (or if a corporation, incorporated in Australia) and able to form a legally binding contract that is enforceable against you. You must be at least 18 years old.

6.4 Agility Centre employees and their immediate family members may become registered users, but might not be eligible for all offers, promotions or competitions.

6.5 You must:

(a) provide complete, accurate and current information when registering as a user;

(b) update your information to ensure it is kept current at all times;

(c) use an individual email address for registration; and

(d) complete the online booking fields with correct and valid information;

6.6 You are responsible for keeping your login information, including your username and password, secret and secure. You must not permit any other person to use your user name or password, or disclose to any other person your password or login details. Each username and password must be used by a single user and is not transferable. If you believe your account is vulnerable or compromised, you must notify us immediately.

6.7 We may refuse your registration, or suspend or terminate you as a registered user, at our sole discretion and without entering into further discussions with you.

7. Special terms of use for Agility Centre

7.1 The provisions in this clause apply where you have agreed to a contract for our Monthly Agility Service. As a Monthly Agility Centre Customer:

(a) You have the exclusive use, for you and your authorised persons, to access the Agility Centre seven days a week between the times of 8.00 am to 6.00 pm weekdays and of 8.00 am to 5.00 pm weekends

7.2 We may temporarily or on an ongoing basis change a Agility Centre service when it becomes unavailable for any reason, such as reconfiguration or maintenance works.

7.3 A Customer is only entitled to access to a Agility Centre during normal operating hours as displayed at the Agility Centre or on our website.

7.4 We are entitled to deny access to a Agility Centre:

(a) to a Customer if any fees remain unpaid by the Customer after the due date; or

(b) to a Customer if no Agility Sessions are available for use; or

(c) to a Customer if our Agility Centre is unavailable due to circumstances beyond our control.

(d) To a customer if we deem their dog(s) not fit to participate in the session/course

(e) To a customer if we deem the behaviour of customer unacceptable.

7.5 Where the Monthly Agility Centre contract specifies a licence term, the contract will run for that term (unless terminated earlier) and continue after the end of that term until either party terminates by giving one month's written notice. Where no licence term is specified, the contract may be terminated by either party giving one month's notice at any time. If you terminate, and termination takes effect during a billing period, you must pay the full fees for that billing period.

7.6 You may cancel the monthly Agility Centre contract by giving one month's prior written notice. The difference in non-used credit amounts will be credited back to the original credit card used to pay for the Agility Centre service.

7.7 Either party may terminate the Monthly Agility Centre contract immediately if the other party is in breach of this Agreement and does not rectify that breach within 7 days of being notified of the breach (provided the breach can be rectified).

7.8 We may terminate the Monthly Agility Centre contract in whole or in part if our operation of the Agility Centre. We will provide as much notice as practical in that event.

8. General terms applying to our Services

8.1 No safe custody - no employee, agent or contractor of Agility Centre has authority to accept any goods for safe custody and we will not be liable in any case for loss of or damage to any article alleged to have been left by you with us or any employee, agent or contractor for safe custody regardless of how that loss or damage is caused.

8.2 Loss and damage - we are not liable for the loss of or any damage to any person, domestic animal, accessories, contents or articles left with us. You and each person with you acknowledge that the services provided under this Agreement relate only to the provision of Agility Centre and not to your person or persons with you, or domestic animal safety or security.

8.3 No property rights - this Agreement does not create any tenancy or confer any interest upon you or any person by way of lease, licence, or otherwise in any part of an Agility Centre. You acknowledge that nothing in this Agreement grants you or any person exclusive possession of any part of the Agility Centre equipment.

9. Personal information

9.1 When using our Agility Centre services, you may be asked to provide personal information. If you do not provide this information, you will not be able to complete the online booking process.

9.2 By becoming a registered user, you agree to receive emails, SMS messages and marketing materials from us and our business partners.

9.3 We will use, store and disclose personal information in accordance with our Privacy Policy, which can be found on our website

10. General

10.1 Disputes - if a dispute arises between you and us, we strongly encourage you to first contact us directly to seek a resolution by emailing – office@mydacs.com.au or calling us on 0439177360

10.2 Jurisdiction - use of a Product is governed by the laws of the Australian jurisdiction where the relevant Agility Centre is located and any dispute will be determined by the courts of that jurisdiction. If a dispute arises covering more than one jurisdiction, the dispute is governed by the laws of New South Wales Australia and will be determined by its courts.

10.3 Updates - we can change these Terms at any time by posting the updated version to our Website. The updated Terms will apply to the Agility Centre Agreement or other continuing contract, from the date of the change to new bookings from that date.

10.4 No waiver - if we do not exercise or enforce any right available to us under these Online Booking Terms, it does not constitute a waiver of those rights.

10.5 Severance - if any provision of these in these Terms becomes or is held to be invalid, unenforceable or illegal for any reason, and in any respect, that provision will be severed from the remaining provisions, which will continue in full force and effect.

10.6 Notices - if you provide us with contact details in the course of purchasing a Product, we will send notices to you using those details. You can send notices to us by emailing office@mydacs.com.au or other online forms provided.

Note: You must agree to our Terms and Conditions as set out above in order to use our facilities

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