Nangawooka Nominees Pty. Ltd.ACN: 118 052 190 As Trustee for Nangawooka Discretionary TrustABN: 578 575 337 59Trading as; Woofers World, Woofers Animal Care Services & Woofers Dog TrainingABN: 53 118 052 190659 North Rd Ormond Vic. Australia 3204ph: 1300 269 969 ah: +61 (0)424 376 950 e: firstname.lastname@example.org: www.woofersworld.com.auLast updated: 1/7/19
Welcome to Woofers World™
For the purposes of this Agreement, the terms “we”, “us”, “our” “Woofers” and “Woofers World” refers to NANGAWOOKA NOMINEES PTY. LTD. A.C.N. 118 052 190, trading as “Woofers Animal Care Services” of 659 North Road Ormond, Victoria, 3204.
“You” refers to you, the Customer, or any person acting on your behalf and with your authority.
“Handler” refers to an employee or agent of Woofers World whom is in control of the animal.
“Dog Trainer” or “Trainer” refers to an employee or agent of Woofers whom is appropriately qualified, trained or experienced to provide canine behaviour advice and or instruction.
“Pet supplies” refers to the supply of retail pet products including pet foods, accessories and dog training equipment to You the customer.
“Dog Minder” or “Minder” refers to an independent contractor whom boards a pet in their home for Sleepover or home boarding. Minders are not employees of Woofers.
“Sleepover” or “home boarding” refers to the keeping of an animal at a Minder’s home.
“Animal care services” refers to but is not limited to dog training, dog walking, animal keeping, animal feeding, animal transport, canine behaviour coaching, dog grooming, dog daycare, reselling of pet supplies including the rental of dog training equipment and devices.
“Vaccination” means vaccination against distemper, hepatitis, parvovirus and kennel cough (parainfluenza (Type II) virus and Bordetella bronchiseptica).
Acceptance of Conditions of Use
By accepting an animal care service or Sleepover service, You agree that You are bound by these conditions as varied from time to time in respect of each service and these conditions may be varied without notice.
You understand the Terms and Conditions upon which Woofers will provide animal care services and Sleepover services and You agree to be bound by the terms and conditions of this agreement (“Agreement”)
REPRESENTATIONS. These Terms and Conditions constitute the entire agreement between the parties and supersede any prior understanding or agreement between the parties. Woofers is not bound by any prior condition, warranty, indemnity or representation made by Woofers, its employees or agents.
- DISCLOSURE. You agree You have fully disclosed all information to Woofers, which is relevant to the proper and safe care and management of your pet and the people involved in the care of your pet.
- You declare that the information You have provided to Woofers is true and correct.
- The information We expect You to tell us includes but is not limited to the vicious propensity of your dog, its reaction to children, motor vehicles, cyclists, trams, skateboards, joggers, hi-vis clothing, prams or any noisy or fast moving object, its history of attacking people and/or other animals, its medical history and/or medical requirements, its propensity for barking, chewing, digging, scratching, marking or toileting inside, or other nuisance behaviours and/or any special dietary needs.
- CUSTODY AND CONTROL. You request that Woofers or Minder take care, control and custody of your animal for the purpose of short-term care.
- You acknowledge that at all times including during any care period You remain the legal owner of the animal and You accept all responsibilities and liabilities associated with being the animal’s owner even though you may not be in direct or immediate control or custody of the animal.
- You acknowledge that by requesting services from Woofers You agree that your pets may be exposed to, or, in direct contact to other animals and that not all other animals have undergone a behavioural assessment by the Woofers’ staff or agents.
- You agree to have your pet transported with other animals and acknowledge not all animals are crated individually, nor muzzled, nor restrained.
- PET HEALTH. You agree You are responsible for your pets health, including but not limited to vaccinations, fleas, parasites, ticks, heartworm, intestinal worms.
- For the purpose of clarification You are required to have your dog on regular flea and worming treatment and annual vaccination (commonly called “C5”).
- You are required to provide proof of vaccination and worming treatment.
- Woofers reserves the right to refuse service if evidence of C5 vaccination or worming is not provided.
- Pursuant to clause 14. if You have not provided Woofers of proof of current C5 vaccination and or worming of your pet and Woofers refuses service for the well being of other animals the fees for the service are still payable.
- If your pet displays any symptoms of contagious diseases or viruses you are required to notify Us immediately and Woofers reserves the right to refuse service for the protection and health of other animals.
- Pursuant to clause 14. if You have not informed Woofers of symptoms of illness of your pet and Woofers refuses service for the well being of other animals the fees for the service are still payable.
- It is strongly recommended that you have pet health and accident insurance.
- You acknowledge that by requesting services from Woofers, You agree that your pets may be exposed to, or, in direct contact to other animals and that not all other animals have current vaccinations.
- You understand and accept the risks to your pet/s health and the public by requesting the animal to be exercised off leash in a public place and accept the animal handler’s judgement regarding safe off-leash exercise.
- You understand the risks of cruciate ligament damage, cuts, abrasions, sprains, ingesting foreign matter and or injury as a result of another animal and other such risks to your pets and You will not hold Woofers or the handler responsible for injury or liable for any costs or fees associated with such or similar injuries.
- You understand the risks your pet may cause injury to another animal or person and You will not hold Woofers or the handler responsible for injury or liable for any costs or fees associated with such or similar injuries.
- REGISTRATION. You agree that your pet is microchipped and registered with your local council and that your contact details are current and correct.
- You agree that your pet will wear it’s council registration tag according to local bylaws
- You agree your pet will wear the council registration tag during any care period.
- If any penalty is issued by local council as a result of not wearing the tag, you will be liable for such penalties whether you were in direct control of the pet or not.
- Woofers reserves the right to refuse service if your animal is not wearing it’s council tag and pursuant to clause 14 You agree to pay the fees for the service even though the service may not be performed.
- ACCESS. You give permission for an employee of Woofers to enter your premise to care for your pet/s at pre-arranged times or as required to ensure the wellbeing of your pets and your home.
- You acknowledge it is your responsibility to provide safe access to your pets.
- If safe access is not possible Woofers may refuse service and pursuant to clause 14 the fees for the service will still apply.
- If you provide Woofers with key access to your property your keys are to remain onsite at your property and in your control. Woofers may provide you with a keysafe for you to secure your keys securely. A refundable deposit is payable for the loan of the keysafe.
- You have public liability cover of not less that $5 million and You have informed your insurer that You own a dog.
- You agree that Woofers may upload images and video of your pets to the interweb and make such images publicly available.
- TRAINING DEVICE RENTAL. By accepting to rent or buy a training device/s from Woofers You agree to the terms of this Agreement.
- You acknowledge You are liable for the full retail cost of the item/s as advertised in the fee schedule (on www.shop.woofersworld.com.au) until the item/s is received by Woofers 659 North Road Ormond, Vic 3204.
- All pet supplies remain the property of Woofers until full payment has been received by Us.
- You acknowledge the postmarked date will be considered as the date sent or received by Woofers.
- You agree to follow the manufacturer’s instructions.
- You agree to return the device/s within the specified time in a condition equal to the how it was received.
- You agree if the device is not received in the specified time You are by default renewing the rental period and bound by such conditions until the device/s is received by Woofers or until the full retail cost of the device/s has been received.
- You give permission for Woofers to charge your nominated credit card as a mail order or online transfer for the rental fees, shipping fees and/or accessory fees as requested by you on the first day of each rental period or any other date Woofers deems appropriate or as requested by you.
- The amount Woofers will charge Your nominated credit card will be capped at the retail sale price of the device/s plus any postage and accessories supplied and pursuant to Clause 14 any fees associated with the collection of arrears.
- If you do not agree to these terms you have five (5) days in which to return the item unopened and the rental fee less any postage or handling fees will be refunded to You within fourteen (14) working days. For the purpose of clarification if the item is open and used the rental fee will not be refunded.
- You agree to comply with the requirements under the Prevention of Cruelty to Animals Regulations 2008.
- PET SUPPLIES. By accepting pet supplies from Woofers you agree to the terms of this Agreement.
- You agree that Woofers will resell pet supplies and the fees for such will be charged at the time of delivery or added to your end of month account and pursuant to clause 14 payable within fourteen (14) days of receiving an invoice.
- Woofers will endeavour to maintain supply to You of the nominated brand and blend of food but will not be liable nor responsible for any result in delay or lack of supply.
- Woofers or its staff may provide advice on choice of pet supply and you acknowledge that the decision as to which item you choose is your decision and You will not hold Woofers or it’s staff liable for any effect the supply may have on your pet.
- You acknowledge that you will nominate an appropriate location for the delivery of pet supplies and if no location is nominated the Handler will leave the delivery in what is deemed the most appropriate location.
- You acknowledge if the supply can not be left in an appropriate place or the handler does not have safe access to an appropriate place there may be a redelivery fee.
- You acknowledge once the delivery is made at your property You are responsible for the condition or similar of the item.
- You acknowledge until Woofers receives payment the goods are the property of Woofers.
- Woofers offers no warranty or guarantee other than the manufacturers warranty or guarantee.
- You acknowledge that Woofers is not the producer or manufacturer of the items and not liable for any resulting effect the product may have on your pet.
- SLEEPOVER AGREEMENT. You understand the terms in which Woofers will provide the service of home boarding and agree to be bound by the terms of the Sleepover Agreement. You agree that if any part of the Sleepover Agreement is in conflict with other terms in this “Agreement” the terms of the “Sleepover Agreement” supersede all other terms or conditions.
- The SERVICE: Woofers conducts the business of matching You with dog minders (“Minders”) for the purpose of short term boarding in the Minders home.
- You acknowledge that a deposit or full payment upfront may be required.
- A booking enquiry made within seven (7) days of the commencement of the care period will incur a booking fee deposit as per the fee schedule. https://woofersworld.com.au/about-us/pricing/
- Pursuant to clause 15 cancellation fees are applicable.
- Boarding Premises
- You acknowledge that the Minder will care for your dog during the Sleepover period at the Minder’s own premises.
- You acknowledge that Woofers only provides administrative services including arranging a meeting with a Minder, organising the Sleepover with the Minder of your choice and collecting fees.
- Your dog will not be held at any Woofers premises for the purpose of home boarding or as part of the Sleepover service.
- Care, Custody or Control of dogs
- You acknowledge that Woofers does not take possession, care, custody or control of your dog(s) at any time for the purpose of a Sleepover.
- You acknowledge that You retain possession, care, custody or control of your dog prior to the Sleepover period and You transfer possession, care, custody or control of your dog directly to the Minder on the delivery of your dog to the Minder’s premises at the commencement of the Sleepover.
- You acknowledge that the Minder retains possession, care, custody or control of your dog until You or your agents collect the dog at the end or earlier termination of the Sleepover when You reclaim possession, care, custody or control of your dog.
- Woofers requires that all its Minders comply with the Domestic (Feral and Nuisance) Animals Act 1994.
- Woofers requires that all its Minders comply with the Code of Practice for the Operation of Boarding Establishments insofar as it relates to the Minder’s Premises.
- Despite anything in this Agreement, Woofers may at your request or of its own accord if it deems it to be in the best interest of the animals or for any other reason, remove your dog from the Minder’s premises and relocate your dog to a different Minder without your consent.
- If Woofers relocates a dog pursuant to clause 8.c.iii, it will notify You or your nominated contact persons as soon as practicable after the relocation of your dog.
- You acknowledge that Minders are not employees of Woofers. For the purpose of clarification, if a Minder is also a Woofers employee that person is performing the service of dog minding as an independent contractor not as an employee.
- For the purpose of clarification Woofers does not take custody of animals for the purpose of home boarding. Animals are home boarded with minders or independent contractors.
- You agree not to approach the Minder directly for the purpose of arranging a Sleepover or any other animal care service without consent from Woofers for a period of:
- three (3) years from the date of the last Sleepover, or if that is unenforceable;
- two (2) years from the date of the last Sleepover, or if that is unenforceable;
- twelve (12) months from the date of the last Sleepover.
- You agree that if you use a Minder that was introduced to you by Woofers without the consent of Woofers and within the period enforceable under (8)(f)(i) above for the purpose of home boarding, you agree to pay Woofers the full fee for the Sleepover regardless of any fees already paid to the minder.
- You agree that pursuant to clause 14.d. you may be charged administration fees, interest and collection fees associated with the collection of any outstanding amount.
- DOG TRAINING. An employee of Woofers or one of it’s agents will provide advice and consultation for the assessment and modification of your dogs’ behaviour.
- You agree that varying techniques as approved by the Prevention of Cruelty to Animals Act may be used to train your dog and you accept the trainers judgement to the most effective and minimally aversive technique is applied.
- You agree that only the enrolled dogs will be trained and irrespective of fees paid substitute dogs are not permitted.
- Training and assessment sessions will be allocated an appointment time and you agree to be available at the agreed time at the agreed location.
- Pursuant to clause 15 You agree if you are unable to attend an appointment two (2) business days notice is required otherwise full fees apply.
- You acknowledge that if You delay the commencement of the appointment that the session is not extended.
- You agree if We are tardy or delay the commencement of the appointment, “make-up time” can be extended to fulfil the original booking period.
- Woofers may cancel or reschedule an appointment at any time due to weather or unsafe conditions for the handlers or animals. Woofers agrees to be available to rescheduled appointments. Fees will be reimbursed for force-majeure cancellations.
- You must provide evidence of a current C5 vaccination to Woofers prior to any training sessions.
- You agree that failure to provide evidence of a current C5 vaccination at least 24 hours prior to a training session and pursuant to clause 15 will incur the full fees associated with that service or if the fees were payable in advance that You are not entitled to any refund.
- Restraint. You agree not to approach the Trainer directly for the purpose of arranging training or any other animal care services without consent from Woofers for a period of:
- three (3) years from the date of the last care period, or if that is unenforceable;
- two (2) years from the date of the last care period, or if that is unenforceable;
- twelve (12) months from the date of the last care period.
- You agree that if you use a Trainer that was introduced to you by Woofers without the consent of Woofers and within the period enforceable under (9)(i) above for the purpose of training you agree to pay Woofers the full fee for the training regardless of any fees already paid to the trainer.
- You agree that pursuant to clause 14.d. you may be charged administration fees, interest and collection fees associated with the collection of any outstanding amounts.
- INDEMNITY. Woofers will make every reasonable effort to ensure that its employees, agents or contractors behave professionally and have adequate training and equipment appropriate for their duties and Woofers takes no responsibility for an individuals wilful actions or negligence nor the result of such wilful actions or negligence.
- You indemnify Woofers, its employees, agents and minders for any loss and damage caused to your pet during a care period for animal care services or Sleepover services.
- You indemnify Woofers, its employees, agents and minders for any loss and damage to persons or property caused by your pet during a care period for animal care services or Sleepover services and you will not make any claim against Woofers, its employees, agents or minders in respect of such loss and damage which may be paid, suffered or incurred by you in respect of damage caused by your pet.
- You agree to make good any loss or damage suffered or incurred by Woofers, its employees, agents and minders as a result of damage or injury caused by your pet.
- For the avoidance of any doubt, the indemnity granted to Woofers, its agents and employees in this clause is absolute. Woofers accepts no liability for loss or damage to your pet, or loss or damage caused by your pet as a result of the negligent or wilful acts of minders.
- You expressly undertake on behalf of yourself, your successors, heirs, executors, administrators, transferees and assigns not to assert a claim or commence proceedings in law or equity against Woofers or the Handler or the Minder in respect of any loss suffered by You or any other party arising out of animal care services or a Sleepover for the care of your pets or supply of advice or supplies for your pets.
- You expressly acknowledge this Agreement may be pleaded by Woofers in bar to action, suit, claim, demand, indemnity or proceedings now or hereafter commenced by You, your successors, heirs, executors, administrators, transferees and assigns or any other person arising out of or in connection with this Agreement.
- AUTHORITY. It is the primary responsibility of Woofers and their staff to ensure the safety and well being of your pets and the general public. You authorise Woofers to take any reasonable steps as deemed appropriate for the protection and good health of your pets or the general public, including authorising veterinary care and procedures.
- EMERGENCY CALL-OUT. Woofers agrees to provide access to twenty four hour (24hr) Veterinary Emergency Service during any care period or Sleepover. A Woofers employee or agent will be on call throughout your care period and if required will attend to your pets and or home outside of normal trading hours (Monday to Friday 8am – 5pm).
- Emergency call-out is billed at eighty-eight dollars ($88.00) per half-hour or part thereof with a one hour minimum.
- You acknowledge emergency call-out may be required to ensure the wellbeing of your pets or your home and You agree to pay for such fees if the service was required even though you do not specifically request the service.
- Emergency call-out fees are in addition to any veterinary or third party expenses.
- OUT OF POCKET EXPENSES. In the event that Woofers incurs any veterinary expenses or any other expenses in respect of your pet, You agree that You will reimburse Woofers within seven (7) days of receiving an invoice for the expenses incurred by Woofers.
- Pursuant to clause 14 you will agree that additional fees are payable on outstanding debts including recollection fees.
- FEES AND TERMS. You understand that Woofers charges fees for goods and services provided to You as detailed in the fee schedule published on woofersworld.com.au/about-us/pricing/ and you agree to pay for the services and goods supplied to You according to the terms of this Agreement.
- Woofers may at it’s discretion provide You “end of month” invoicing with fourteen (14) day interest free terms. Expressly You agree to pay all fees associated with the care of your pet including any expenses incurred within fourteen (14) days of receiving the invoice.
- You understand Woofers provides option for pre-payment.
- The fee schedule is updated every financial year and posted on the website www.woofersworld.com.au/about-us/pricing/ and can be changed at any time without notice.
- You acknowledge that Woofers reserves the right to charge administration fees and or interest in accordance with the Penalty Interest Rate Act 1983 to any overdue monies fourteen (14) days plus from the date of the invoice.
- You agree to pay an additional $18.50 administration fee per invoice for each and every calendar month the invoice remains unpaid. Fees and interest are accumulative.
- You acknowledge You are liable for any cost arising from the collection of overdue monies including but not limited to debt collection fees, VCAT fees or Court fees and solicitor fees on a full indemnity basis.
- CANCELLATIONS. You acknowledge animal care services cancelled with less than one (1) business day from the commencement of the service incur the full fee regardless of the reason for cancellation. Services payable in advance receive no refund.
- Woofers will endeavour to maintain supply to You of the nominated service but will not be liable nor responsible for any result in delay or lack of supply.
- Woofers may at any time cancel, suspend or decline any service.
- Sleepovers cancelled after a booking is confirmed and before seven (7) business days prior to the commencement of the care period incur a cancellation fee equivalent to fifty (50%) percent of the total Sleepover cost or a booking fee of eighty eight dollars ($88) which ever is the lesser.
- Sleepovers cancelled within seven (7) business days prior to the care period incur a cancellation fee equivalent to one hundred percent (100%) of the total Sleepover cost.
- Priority booking Sleepover cancelled within seven (7) business days prior to the care period beginning incur a cancellation fee equivalent to one hundred percent (100%) of the total Sleepover cost.
- JURISDICTION. The law governing this agreement or any other agreement made between the parties is the applicable Laws of the State of Victoria.
- SEVERABILITY. If parts or all of any provisions of these terms are found to be illegal or unenforceable, such parts may be severed from these terms and the remaining provisions of these terms remain in force.