TERMS AND CONDITIONS OF USE
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About Happy Stride
1.1
ttps://happystride.wixsite.com/mysite (the 'Website') is owned and operated by Junko Fujita T/A Happy Stride ABN 18 084 161 692 (‘Happy Stride’) and promotes canine myofunctional therapy and the ancillary services provided by Happy Stride (the ‘Services’), provides general information about those Services and other canine-related topics.
1.2
Access to and use of the Website, or any of its associated products or Services, is provided by Happy Stride and is subject to these terms and conditions (the 'Terms').
1.3
Unless otherwise indicated, the information available through the Website and as part of the Services is general in nature and is not specific to your personal circumstances. Whilst Happy Stride has exercised reasonable care in ensuring the accuracy of the information, the information is not a substitute for personalised professional advice. As such, we may require you to consult a qualified veterinarian prior to engaging any Services offered by Happy Stride.
1.4
Happy Stride reserves the right to change any features, stop providing, or create limits in respect to the information available through the Website and the Services. Happy Stride may permanently or temporarily terminate or suspend access to the Website and/or the Services without notice and liability for any reason, or for no reason, including if in our sole discretion you violate any provision of the Terms or any applicable law or regulations.
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2. Acceptance of the Terms
By using the Website or by engaging the Services, you warrant that:
(a) you possess the legal authority, right and freedom to enter into these Terms as a binding agreement;
(b) that your use of this Website and/or the Services is not prohibited in your country or under any law or regulation applicable to you; and
(c) you have read, understood and agree to be bound by these Terms. If you do not agree with the Terms, you must cease usage of the Website and/or the Services, immediately.
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3. Use of the Website and Services
3.1
The use of the Website (including the information contained within) and/or the Services in connection with any commercial endeavours except those that are specifically endorsed or approved by Happy Stride are strictly prohibited.
3.2
In order to enquire about any information available through the Website or about the Services, including but not limited to enquiries via the 'Contact Us' link on our homepage, you may be required to provide personal information about yourself such as your name, email address and telephone number and in doing so, subscribe to the Website. You warrant that any information you give to Happy Stride in the course of completing any subscription will always be accurate, correct and up to date.
3.3
By subscribing to the website, you agree to receive from time to time promotional messages and materials from us, by email or any other contact form you may provide us with (including your phone number for calls or text messages). If you don't want to receive such promotional materials or notices, please just notify us at any time.
3.4
You recognise and agree that any content (including, but not limited to designs, images, animations, videos, audio files, fonts, logos, illustrations, compositions, artworks, interfaces, text and literary works) you upload/transfer/send through any means to the Website (‘Your Content’), may be publicly displayed on the Website.
3.5
You acknowledge that, in the event Your Content contains commercial advertisements, affiliate links, and other forms of solicitation, Your Content may be removed from the Website without notice and may result in termination of the Services. Appropriate legal action will be taken by Happy Stride for any illegal or unauthorised use of the Website.
3.6
The price for using the Services (the ‘Services Fee’) and/or for purchasing any products are listed on the Website, is in Australian dollars and is inclusive of goods and services tax unless otherwise indicated. Happy Stride reserves the right to change our prices at any time, and to correct pricing errors that may inadvertently occur.
3.7
A refund of the Services Fee will only be provided if required under the Australian Consumer Law or if Happy Stride makes a decision, at its absolute discretion, that it is reasonable to do so under the circumstances.
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4. Copyright and Intellectual Property
4.1
The Website and all of the related products of Happy Stride, including but not limited to any materials provided to you as part of the Services (together, the ‘Copyright Material’), are subject to copyright. The Copyright Material is protected by copyright under the laws of Australia and through international treaties. Unless otherwise indicated, all rights (including copyright) in the Copyright Material (including but not limited to text, graphics, logos, button icons, video images, audio clips, Website, code, scripts, design elements and interactive features) are owned or controlled for these purposes, and are reserved by Happy Stride or its contributors.
4.2
All trademarks, service marks and trade names are owned, registered and/or licensed by Happy Stride, who grants to you a worldwide, non-exclusive, royalty-free, revocable license to:
(a) use the Copyright Material pursuant to the Terms;
(b) copy and store any or all of the Copyright Material in your device's cache memory; and
(c) print the Copyright Material for your own personal and non-commercial use.
Happy Stride does not grant you any other rights whatsoever in relation to the Copyright Material. All other rights are expressly reserved by Happy Stride.
4.3
Happy Stride retains all rights, title and interest in and to the Copyright Material. Nothing you do on or in relation to the Copyright Material will transfer to you any:
(a) business name, trading name, domain name, trade mark, industrial design, patent, registered design or copyright, or
(b) a right to use or exploit a business name, trading name, domain name, trade mark or industrial design, or
(c) a thing, system or process that is the subject of a patent, registered design or copyright (or an adaptation or modification of such a thing, system or process).
4.4
You may not, without the prior written permission of Happy Stride and the permission of any other relevant rights owners: broadcast, republish, up-load to a third party, transmit, post, distribute, show or play in public, adapt or change in any way the content or third party content that make up any Copyright Material for any purpose, unless otherwise provided by these Terms. This prohibition does not extend to materials which are freely available for re-use or are in the public domain.
4.5
In respect to Your Content, you confirm that you own all the relevant rights or have received the appropriate license to upload/transfer/send Your Content to the Website.
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5. Privacy
Happy Stride takes your privacy seriously and any information provided through your use of the Website and/or the Services are subject to Happy Stride's Privacy Policy, which is available on the Website.
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6. General Disclaimer
6.1
Nothing in the Terms limits or excludes any guarantees, warranties, representations or conditions implied or imposed by law, including the Australian Consumer Law (or any liability under them) which by law may not be limited or excluded.
6.2
Subject to this clause, and to the extent permitted by law:
(a) all terms, guarantees, warranties, representations or conditions which are not expressly stated in the Terms are excluded; and
(b) Happy Stride will not be liable for any special, indirect or consequential loss or damage (unless such loss or damage is reasonably foreseeable resulting from our failure to meet an applicable Consumer Guarantee), loss of profit or opportunity, or damage to goodwill arising out of or in connection with the contents published on the Website, the Services or these Terms (including as a result of not being able to use the Website contents or Services, or the late supply of the Website contents or Services), whether at common law, under contract, tort (including negligence), in equity, pursuant to statute or otherwise.
6.3
Unless expressly stated, none of the affiliates, directors, officers, employees, agents, contributors and licensors of Happy Stride make any representation or warranty (including implied) about:
(a) the Services, including any products or information provided to you as part of the Services; and
(b) the Website and the information contained within the Website including any products referred to on the Website.
6.4
Use of the information, Services and materials referred to in clause 5.3 is at your own risk and is provided to you "as is" and "as available" without condition of any kind. This includes (but is not limited to) loss or damage you might suffer as a result of any of the following:
(a) failure of performance, error, omission, interruption, deletion, defect, failure to correct defects, delay in operation or transmission, computer virus or other harmful component, loss of data, communication line failure, unlawful third party conduct, or theft, destruction, alteration or unauthorised access to records;
(b) the accuracy, suitability or currency of any information provided to you or any referenced products (including third party material and advertisements on the Website);
(c) costs incurred as a result of you using the Website or the information contained within, or any of the products or Services of Happy Stride; and
(d) the contents or operation in respect to links which are provided for your convenience.
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7. Limitation of liability
7.1
Happy Stride's total liability arising out of or in connection with the Website including the information contained within, the Services or these Terms, however arising, including under contract, tort (including negligence), in equity, under statute or otherwise, will not exceed the resupply of the Services and/or the content to you.
7.2
You expressly understand and agree that Happy Stride, its affiliates, employees, agents, contributors and licensors shall not be liable to you for any direct, indirect, incidental, special consequential or exemplary damages which may be incurred by you, however caused and under any theory of liability. This shall include, but is not limited to, any loss of profit (whether incurred directly or indirectly), any loss of goodwill or business reputation and any other intangible loss.
7.3
You acknowledge and agree that Happy Stride holds no liability for any direct, indirect, incidental, special consequential or exemplary damages which may be incurred by you as a result of Your Content.
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8. Termination of Contract
8.1
If you want to terminate the Terms, you may do so by providing Happy Stride with 14 days' written notice of your intention to terminate via the 'Contact Us' link on our homepage.
8.2
Happy Stride may at any time, terminate the Terms with you if:
(a) you have breached any provision of the Terms or intend to breach any provision;
(b) Happy Stride is required to do so by law;
(c) Happy Stride is transitioning to no longer providing the Services within the country in which you are resident or from which you intend to use the Services; or
(d) the provision of the Services to you by Happy Stride, is in the opinion of Happy Stride, no longer commercially viable.
8.3
Subject to local applicable laws, Happy Stride reserves the right to discontinue or cancel your access at any time and may suspend or deny, in its sole discretion, your access to all or any portion of the Website or the Services without notice if you breach any provision of the Terms or any applicable law or if your conduct impacts Happy Stride's name or reputation or violates the rights of those of another party.
8.4
When the Terms come to an end, all of the legal rights, obligations and liabilities that you and Happy Stride have benefitted from, been subject to (or which have accrued over time whilst the Terms have been in force) or which are expressed to continue indefinitely, shall be unaffected by this cessation, and the provisions of this clause shall continue to apply to such rights, obligations and liabilities indefinitely.
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9. Indemnity
9.1
You agree to indemnify and hold Happy Stride, its affiliates, employees, agents, contributors, third party content providers and licensors harmless from all actions, suits, claims, demands, liabilities, costs, expenses, loss and damage (including legal fees on a full indemnity basis) incurred, or made against them by any third party due to, or arising out of, or in connection with:
(a) your use of the Website or any of the Services or products offered through the Website;
(b) Your Content;
(c) any direct or indirect consequences of you accessing, using or transacting on the Website or attempts to do so; and/or
(d) any breach of the Terms.
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10. Dispute Resolution
10.1 Compulsory:
If a dispute arises out of or relates to the Terms, either party may not commence any Tribunal or Court proceedings in relation to the dispute, unless the following clauses have been complied with (except where urgent interlocutory relief is sought).
10.2 Notice:
A party to the Terms claiming a dispute ('Dispute') has arisen under the Terms, must give written notice to the other party detailing the nature of the dispute, the desired outcome and the action required to settle the Dispute.
10.3.Resolution:
On receipt of that notice ('Notice') by that other party, the parties to the Terms ('Parties') must:
(a)Within 14 days of the Notice endeavour in good faith to resolve the Dispute expeditiously by negotiation or such other means upon which they may mutually agree;
(b) If for any reason whatsoever, 14 days after the date of the Notice, the Dispute has not been resolved, the Parties must either agree upon selection of a mediator or request that an appropriate mediator be appointed by the President of the Australian Mediation Association or his or her nominee;
(c) The Parties are equally liable for the fees and reasonable expenses of a mediator and the cost of the venue of the mediation and without limiting the foregoing undertake to pay any amounts requested by the mediator as a pre- condition to the mediation commencing. The Parties must each pay their own costs associated with the mediation;
(d) The mediation will be held in Sydney NSW, Australia.
10.4.Confidential
All communications concerning negotiations made by the Parties arising out of and in connection with this dispute resolution clause are confidential and to the extent possible, must be treated as "without prejudice" negotiations for the purpose of applicable laws of evidence.
10.5.Termination of Mediation:
If 14 days have elapsed after the start of a mediation of the Dispute and the Dispute has not been resolved, either Party may ask the mediator to terminate the mediation and the mediator must do so.
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11. Venue and Jurisdiction
Unless otherwise indicated, the Website and its contents is intended to be viewed by residents of Australia. In the event of any dispute arising out of or in relation to the Website, you agree that the exclusive venue for resolving any dispute shall be in the courts of New South Wales, Australia.
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12. Governing Law
The Terms are governed by the laws of New South Wales, Australia. Any dispute, controversy, proceeding or claim of whatever nature arising out of or in any way relating to the Terms and the rights created hereby shall be governed, interpreted and construed by, under and pursuant to the laws of New South Wales, Australia, without reference to conflict of law principles, notwithstanding mandatory rules. The validity of this governing law clause is not contested. The Terms shall be binding to the benefit of the parties hereto and their successors and assigns.
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13. Independent Legal Advice
Both parties confirm and declare that the provisions of the Terms are fair and reasonable and both parties having taken the opportunity to obtain independent legal advice and declare the Terms are not against public policy on the grounds of inequality or bargaining power or general grounds of restraint of trade.
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14. Severance
If any part of these Terms is found to be void or unenforceable by a Court of competent jurisdiction, that part shall be severed and the rest of the Terms shall remain in force.
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15. Changes to the Terms