1.1 When the following words with capital letters are used in these Terms, this is what they will mean:
(a) Event Outside Our Control: is defined in clause 8.2;
(b) Course Confirmation: your Course Confirmation for the Training Services;
(c) Order: your Order for the Training Services as set out in the Course Confirmation;
(d) Training Services: the dog agility Training Services that We are providing to you as set out in the Course Confirmation;
(e) Terms: the terms and conditions set out in this document; and
(f) We/Our/Us: Wild Paws Agility Limited, company registration no. 12697860, Unit 3b Trident Business Centre, Amy Johnson Way, Blackpool, FY4 2RP.
1.2 When We use the words “writing” or “written” in these Terms, this will include e-mail unless We say otherwise.
2.1 These are the terms and conditions on which We supply Training Services to you.
2.2 Please ensure that you read these Terms carefully and check that the details on the Course Confirmation and in these Terms are complete and accurate, before you sign the Course Confirmation. If you think that there is a mistake, please contact Us to discuss.
2.3 Our acceptance of the Training Services will take place as described in clause 2.4. If We are unable to supply you with the Training Services, We will inform you of this and We will not process the Course Confirmation.
2.4 These Terms will become binding on you and Us when we contact you that We are able to provide you with the Training Services and send our Course Confirmation and receive your payment, at which point a contract will come into existence between you and Us.
2.5 If any of these Terms conflict with any term of the Course Confirmation, the Course Confirmation will take priority.
2.6 We shall assign a Course Confirmation number to the Course Confirmation and inform you of it when We confirm the Course Confirmation. Please quote the Course Confirmation number in all subsequent correspondence with Us relating to the Training Services.
3.1 We may revise these Terms from time to time in the following circumstances:
(a) changes in how We accept payment from you;
(b) changes in relevant laws and regulatory requirements.
3.2 If We have to revise these Terms under clause 3.1, We will give you at least one month’s written notice of any changes to these Terms before they take effect. You can choose to cancel the contract in accordance with clause 9.
3.3 You may make a change to the Training Services within 14 calendar days of receiving a Course Confirmation by contacting Us. Where this means a change in the total price of the Training Services, We will notify you of the amended price in writing. You can choose to cancel the Training Services in accordance with clause 9.1 in these circumstances.
3.4 If you wish to cancel an Order for Training Services before it has been fulfilled, please see your right to do so in clause 9.
4.1 We will supply the Training Services to you from the date agreed between Us in writing until the estimated completion date set out in the Course Confirmation.
4.2 We will make every effort to complete the Training Services on time. However, there may be delays due to an Event Outside Our Control. See clause 8 for Our responsibilities when an Event Outside Our Control happens.
4.3 We may have to suspend the Training Services if We have to deal with staff absences or to make improvements agreed between you and Us in writing to the Training Services. We will contact you to let you know in advance where this occurs, unless the problem is urgent or an emergency. You do not have to pay for the Training Services while they are suspended under this clause 4.4 but this does not affect your obligation to pay for any invoices We have already sent you.
4.4 If you do not pay Us for the Training Services when you are supposed to as set out in clause 6.3, We may suspend the Training Services with immediate effect until you have paid Us the outstanding amounts (except where you dispute an invoice under clause 6.5). We will contact you to tell you this. This does not affect Our right to charge you interest under clause 6.4.
5.1 In the unlikely event that there is problem with the Training Services:
(a) please contact Us by email Nicola@wildpawsagility.co.uk and tell Us as soon as reasonably possible;
(b) please give Us a reasonable opportunity to resolve the problem.
5.2 As a consumer, you have legal rights in relation to Training Services not carried out with reasonable skill and care. Advice about your legal rights is available from your local Citizens’ Advice Bureau or Trading Standards office. Nothing in these Terms will affect these legal rights.
6.1 The price of the Training Services will be set out in Our Course Confirmation. These prices include VAT.
6.2 Where We are providing block booking Training Services to you, We will ask you to make an advance payment at the time of booking and then monthly by direct debit. Where We are providing 1-2-1 Training Services to you these will be paid for by CREDIT/DEBIT CARD in advance. Your rights to a refund on cancellation are set out in clause 9.
6.3 If you do not make any payment due to Us by the due date for payment, We may charge interest to you on the overdue amount at the rate of 4% a year above the base lending rate of National Westminster Bank Plc from time to time. This interest shall accrue on a daily basis from the due date until the date of actual payment of the overdue amount, whether before or after judgment. You must pay Us interest together with any overdue amount.
6.4 However, if you dispute an invoice in good faith and contact Us to let Us know promptly after you have received an invoice that you dispute it, clause 6.4 will not apply for the period of the dispute.
7.1 If We fail to comply with these Terms, We are responsible for loss or damage you suffer that is a foreseeable result of Our breach of the Terms or Our negligence, but We are not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if they were an obvious consequence of our breach or if they were contemplated by you and Us at the time we entered into this contract.
7.2 We do not exclude or limit in any way Our liability for:
(a) death or personal injury caused by Our negligence or the negligence of Our employees, agents or subcontractors;
(b) fraud or fraudulent misrepresentation;
(c) breach of the terms implied by sections 3 and 4 of the Supply of Goods and Training Services Act 1982 (description, satisfactory quality).
8.1 We will not be liable or responsible for any failure to perform, or delay in performance of, any of Our obligations under these Terms that is caused by an Event Outside Our Control.
8.2 An Event Outside Our Control means any act or event beyond Our reasonable control, including without limitation strikes, lock-outs or other industrial action by third parties, civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war, fire, explosion, storm, flood, earthquake, subsidence, epidemic, pandemic or other natural disaster.
8.3 If an Event Outside Our Control takes place that affects the performance of Our obligations under these Terms:
(a) We will contact you as soon as reasonably possible to notify you; and
(b) Our obligations under these Terms will be suspended and the time for performance of Our obligations will be extended for the duration of the Event Outside Our Control. Where the Event Outside Our Control affects Our performance of Training Services to you, We will restart the Training Services as soon as reasonably possible after the Event Outside Our Control is over.
8.4 You may cancel the contract if an Event Outside Our Control takes place and you no longer wish Us to provide the Training Services. Please see your cancellation rights under clause 9. We will only cancel the contract if the Event Outside Our Control continues for longer than 4 weeks in accordance with Our cancellation rights in clause 9.
9.1 Before We begin to provide the Training Services, you have the following rights to cancel an Course Confirmation for Training Services, including where you choose to cancel because We are affected by an Event Outside Our Control or if We change these Terms under clause 3.1 to your material disadvantage:
(a) You may cancel any Order for Training Services within 14 calendar days of placing by contacting Us. We will confirm your cancellation in writing to you.
(b) If you cancel an Order for Training Services under clause 9.1(a) and you have made any payment in advance for Training Services that have not been provided to you, We will refund these amounts to you.
(c) However, if you cancel an Order for Training Services under clause 9.1(a) and We have already started your Training Services by that time, you will pay Us any costs We reasonably incurred in starting to fulfil the Course Confirmation, and this charge will be deducted from any refund that is due to you or, if no refund is due to you, invoiced to you. We will tell you what these costs are when you contact Us. However, where you have cancelled an Order for Training Services because of Our failure to comply with these Terms (except where We have been affected by an Event Outside Our Control), you do not have to make any payment to Us.
9.2 Once We have begun to provide the Training Services to you, you may cancel the Training Services at any time by:-
(a) Block booking training by providing Us with at least 30 calendar days’ notice in writing, a credit will be issued for any unused session.
(b) 1-2-1 training by no less than 7 days notice in writing. No refund will be given.
9.3 Once We have begun to provide the Training Services to you, you may cancel the contract for Training Services with immediate effect by giving Us written notice if:
(a) We break this contract in any material way and We do not correct or fix the situation within 14 days of you asking Us to in writing;
(b) We go into liquidation or a receiver or an administrator is appointed over Our assets;
(c) We change these Terms under clause 3.1 to your material disadvantage;
(d) We are affected by an Event Outside Our Control.
9.4 Cancellations due to Kennel Cough and/or other canine contagious diseases:
(a) If your dog has been in contact with a dog with kennel cough you may not attend for 14 days after the contact occurs.
(b) If your dog has kennel cough you must wait 10 days after the symptoms have ended before attending classes.
(c) You must notify us if your dog develops kennel cough within 21 days of attending one of our classes/events.
(d) No refunds will be given for unattended classes.
10.1 If We have to cancel an Order for Training Services before the Training Services start:
(a) We may have to cancel an Order before the start date for the Training Services, due to an Event Outside Our Control or the unavailability of key personnel without which We cannot provide the Training Services. We will promptly contact you if this happens.
(b) If We have to cancel an Order under clause 10.1(a) and you have made any payment in advance for Training Services that have not been provided to you, We will issue a credit for any unused session(s).
10.2 Once We have begun to provide the Training Services to you, We may cancel the contract for the Training Services at any time by providing you with at least 30 calendar days’ notice in writing. If you have made any payment in advance for Training Services that have not been provided to you, We will refund these amounts to you by way of credit voucher.
10.3 We may cancel the contract for Training Services at any time with immediate effect by giving you written notice if:
(a) you do not pay Us when you are supposed to as set out in clause 6.3. This does not affect Our right to charge you interest under clause 6.4; or
(b) you break the contract in any other material way and you do not correct or fix the situation within 7 days of Us asking you to in writing;
(c) in Our opinion a handler or dog is unsuitable for Training Services.
11.1 We are a company registered in England and Wales. Our company registration number is 12697869 and Our registered office is at Unit 3b Trident Business Centre, Amy Johnson Way, Blackpool, FY4 2RP.
11.2 If you have any questions You can contact Us by e-mailing Us at firstname.lastname@example.org.
11.3 If you wish to contact Us in writing, or if any clause in these Terms requires you to give Us notice in writing (for example, to cancel the contract), you can send this to Us by e-mail, by hand, or by pre-paid post to Wild Paws Agility Limited at Unit 3b Trident Business Centre, Amy Johnson Way, Blackpool, FY4 2RP or email@example.com. We will confirm receipt of this by contacting you in writing. If We have to contact you or give you notice in writing, We will do so by e-mail, by hand, or by pre-paid post to the address you provide to Us in the Course Confirmation.
(a) provide the Training Services;
(b) process your payment for such Training Services; and
(c) inform you about similar products or Training Services that We provide, but you may stop receiving these at any time by contacting Us.
12.2 We will not give your personal data to any other third party.
13.1 We may transfer Our rights and obligations under these Terms to another organisation, and We will always notify you in writing if this happens, but this will not affect your rights or Our obligations under these Terms.
13.2 This contract is between you and Us. No other person shall have any rights to enforce any of its terms.
13.3 Each of the paragraphs of these Terms operates separately. If any court or relevant authority decides that any of them are unlawful, the remaining paragraphs will remain in full force and effect.
13.4 If We fail to insist that you perform any of your obligations under these Terms, or if We do not enforce Our rights against you, or if We delay in doing so, that will not mean that We have waived Our rights against you and will not mean that you do not have to comply with those obligations. If We do waive a default by you, We will only do so in writing, and that will not mean that We will automatically waive any later default by you.
13.5 These Terms are governed by English law. You and We both agree to submit to the non-exclusive jurisdiction of the English courts.