Terms and Conditions of Service

General Terms & Conditions

Use of any of our services assumes that you have read and agree with Bondi Behaviourist terms and conditions.

• An initial questionnaire must be completed prior to acceptance for any training.
  
• Bondi Behaviourist accepts no liability for any dogs that are not insured.
  
• All dogs must be fully vaccinated and wormed at regular intervals
  
• All dogs must be kept on lead until instructed otherwise
  
• All dogs must be micro-chipped and registration details up to date, with proof available upon request

Confidentiality

All customer records and information is kept in the strictest of confidence and is not shared with any third party. Any information shared with volunteer assistants or paid employees is strictly on a ‘need to know’ basis.

Email addresses will be used for the marketing purposes of Bondi Behaviourist. You can remove your name from this list at any time by email response or by request to Bondi Behaviourist.

Bondi Behaviourist will accept no responsibility for and exclude all liability in connection with personal Injury, Loss, Theft, Injury to Animals howsoever caused during the provision of Training Lessons.

It is the responsibility of the owner of the dog to ensure the health of the dog is verified by a veterinarian, to ensure there are no underlying health issues, before a behavioural program is undertaken.

Use of the information and advice given in connection to the above services is at your own risk. We do not accept any liability for the use of information and advice given in connection with the above services including but not limited to any errors, inaccuracies, omissions, misleading or defamatory statements.

Whilst we hope you find the information and guidance given interesting and informative, the contents are for general information only.

We believe the contents to be true and accurate as at the date of each training course but can give no assurances or warranty regarding the accuracy, currency or applicability of any of the contents in relation to specific situations and particular circumstances.

Bondi Behaviourist does not want to receive confidential or proprietary information from you. Any material, information or other communication you may transmit other than your personal information will be considered non-confidential and non-proprietary. Bondi Behaviourist and its designees will be free to copy, disclose, distribute, incorporate or otherwise use the communications in all data, images, sounds, text and other things embodied therein for any and all non-commercial purposes.

Bondi Behaviourist may also make improvements and/or changes in the products and/or services and programmes described at any time without notice.

Bondi Behaviourist seeks to ensure that the information published on its web site is up to date and accurate. However, the information on the website does not constitute legal or professional advice and Bondi Behaviourist cannot accept any liability for actions arising from its use.

Bondi Behaviourist cannot be held responsible for the contents of any pages referenced by an external link.

You are solely responsible for evaluating any goods or services offered by third parties via the Website or on the Internet.

Training Program Terms & Conditions

All customers that enrol into any training sessions and/or training programs must adhere to the conditions. 

All customers that enrol into the Starter Program must use both their intitial consultation and follow up session within four weeks of one another unless otherwise stated in writing by a Bondi Behaviourist team member. 

Subscription to ‘Canine Caregivers’ will be issued free of charge for a period of four weeks, at which point the customer will be direct debited on a weekly basis the membership fee. This can be cancelled by the customer at any time via their Stripe portal or by contacting a member of the Bondi Behvaviourist team in writing. Bondi Behaviourist reserve the rigth to cancel the access and membership subscription at any time.

All customers that enrol into the Complete Care Program must use their intial consultation and their first seven follow up sessions within five months. The remaining two follow up sessions must be used within six months of the seventh follow up session. All ten socialisation classes must be used within the first 9 months of the original booking date of the program. All products included within the program purchase must be purchased within the first twelve months of the original booking date. Bondi Behaviourist reserves the right to cancel access and membership to Canine Caregivers at any time. 

Canine Caregivers - Previously the Training Rewards Club

Subscriptions to Canine Caregivers are paid via direct debit for the duration of the clients membership access or until the client unsubscribes.. There are no refunds available on the subscription once payment has begun. 

1. DEFINITIONS AND INTERPRETATION

1.1 In these Terms, unless the context otherwise requires:

"ACL" means the Australian Consumer Law set out in Schedule 2 of the Competition and Consumer Act 2010 (Cth);

"Agreement" means the agreement between You and the Provider constituted by these Terms, as amended from time to time in accordance with clause 15;

"Canine Caregivers" means the online membership community operated at caninecaregivers.com.au, co-founded by Ian Shivers, and includes its operators, owners and related entities;

"Complete Care Program" means the Bondi Behaviourist service program marketed under that name from time to time;

"Delphi" means Delphi AI, Inc., the operator of the third-party platform through which TRACE is built, hosted and delivered, currently accessible at delphi.ai;

"Fees" means the membership fees for the Service as displayed on the Pricing Page at the time of purchase;

"GST" has the meaning given in the A New Tax System (Goods and Services Tax) Act 1999 (Cth);

"Intellectual Property Rights" means all present and future intellectual property rights of any kind, whether registered or unregistered, including copyright, trade marks, designs, patents, trade secrets, know-how, and rights in confidential information;

"Membership" means a paid subscription to the Service purchased under clause 5, whether monthly, annual or lifetime;

"Pricing Page" means the page at bondibehaviourist.com/trace (or any successor URL notified by the Provider) on which current Fees are displayed;

"Provider", "we", "us", "our" means Bondi Behaviourist of Collaroy, New South Wales, 2097, Australia, and where the context permits includes Ian Shivers;

"Service" or "TRACE" means the artificial intelligence dog behaviour information tool known as TRACE (Training Rooted in Animal Care and Enrichment), including all associated software, content, outputs and platforms through which it is made available;

"Starter Program" means the Bondi Behaviourist service program marketed under that name from time to time;

"Terms" means these terms and conditions;

"You" or "your" means the person accessing or using the Service.

1.2 In these Terms:
(a) headings are for convenience only and do not affect interpretation;
(b) the singular includes the plural and vice versa;
(c) a reference to legislation includes any amendment, replacement or re-enactment of it;
(d) "including" and similar expressions are not words of limitation; and
(e) no rule of construction applies to the disadvantage of a party because that party drafted these Terms.

2. ACCEPTANCE AND VARIATION

2.1 By accessing or using the Service, creating an account, or purchasing a Membership, You accept and agree to be bound by these Terms. If You do not accept these Terms, You must not access or use the Service.

2.2 The Provider may vary these Terms at any time by publishing the varied Terms at bondibehaviourist.com/terms-conditions. Variations take effect on publication. Your continued use of the Service after publication constitutes acceptance of the varied Terms. Where a variation materially and adversely affects holders of a current paid Membership, the Provider will use reasonable endeavours to give prior notice.

2.3 Eligibility. You must be at least 18 years old to create an account, purchase a Membership, or otherwise use the Service. The Provider does not knowingly collect personal information from, or provide the Service to, a person under that age.

3. NATURE OF THE SERVICE — IMPORTANT DISCLAIMER

3.1 TRACE is an artificial intelligence tool trained on the content, frameworks and professional experience of Ian Shivers. TRACE is not a natural person, is not Ian Shivers, and is not a veterinarian, veterinary behaviourist or other licensed animal health professional.

3.2 All output of the Service is provided for general informational and educational purposes only and does not constitute professional, veterinary, behavioural, medical, legal or other advice. Output of the Service is not a substitute for professional assessment of Your dog's individual circumstances.

3.3 You acknowledge and agree that:

(a) artificial intelligence systems may generate output that is inaccurate, incomplete, out of date or contextually inappropriate;

(b) You use the Service, and act or refrain from acting on its output, entirely at Your own risk;

(c) in any situation involving aggression, risk to human or animal safety, or a suspected medical condition, You should promptly seek in-person assistance from a qualified professional; and

(d) You remain solely responsible at all times for the care, control, management and behaviour of any dog in Your care, custody or control, including compliance with all applicable animal management legislation.

3.4 Because output is generated by an artificial intelligence system, output You receive may not be unique to You, and other users asking similar questions may receive substantially similar output. The Provider does not warrant that any output has not already been provided, in substance, to another user.

4. ACCESS TIERS

4.1 Free access. The Provider may make a limited number of conversations available without charge. Free access is provided at the Provider's absolute discretion, confers no contractual entitlement, and may be modified, limited or withdrawn at any time without notice.

4.2 Starter Program clients. Persons enrolled in the Starter Program receive complimentary access to the Service for so long as they remain an active client of Bondi Behaviourist. Such access terminates automatically upon the end of the client relationship, however arising.

4.3 Complete Care clients. Persons who purchase the Complete Care Program receive lifetime access to the Service. Such access is unconditional and does not depend upon any continuing client relationship with Bondi Behaviourist.

4.4 Canine Caregivers members. All paid tiers of Canine Caregivers membership include access to the Service for the duration of the active membership. Such access terminates automatically upon expiry or cancellation of the Canine Caregivers membership. Canine Caregivers membership is governed by its own terms available at caninecaregivers.com.au.

4.5 Public Membership. Members of the public may purchase a Membership under clause 5.

4.6 Complimentary lifetime access. The Provider may, at its sole discretion, grant a person complimentary lifetime access to the Service as a goodwill gesture — for example, to early or foundational supporters of Bondi Behaviourist, Canine Caregivers or TRACE. Such access does not constitute a contractual entitlement, is not a paid Membership, and may be modified, limited or withdrawn by the Provider at any time without compensation.

4.7 Access granted under clauses 4.2, 4.3, 4.4 and 4.6 is personal to the relevant client or member, is not transferable, and may not be shared.

5. MEMBERSHIP, FEES AND BILLING

5.1 The following Membership plans are offered to the public: (a) a monthly Membership renewing each month; (b) an annual Membership renewing each year; and (c) a lifetime Membership purchased by a single one-off payment.

5.2 The Fees for each plan are those displayed on the Pricing Page at the time of purchase. All Fees are stated in Australian dollars and are inclusive of GST where applicable.

5.3 The Provider may vary the Fees at any time by updating the Pricing Page. A Fee variation does not affect a lifetime Membership already purchased. For monthly and annual Memberships, the varied Fee applies from Your next renewal, and the Provider will use reasonable endeavours to give You notice before the varied Fee first applies.

5.4 Payments are processed by Stripe or such other payment processor as the Provider may nominate. By providing payment details You authorise the Provider (through its payment processor) to debit the applicable Fees to Your nominated payment method, including on each automatic renewal.

5.5 Monthly and annual Memberships renew automatically at the end of each billing period unless cancelled in accordance with clause 6.

5.6 If any payment is declined or fails, the Provider may suspend or restrict Your access to the Service until payment is received in full.

5.7 First 100 offer. The first 100 purchasers of an annual Membership receive complimentary access to Canine Caregivers, included with their annual Membership for so long as that annual Membership remains active (including on renewal). Such access terminates automatically if the annual Membership is cancelled or expires without renewal. This offer: (a) is limited to the first 100 annual Memberships purchased; (b) closes automatically once that threshold is reached and may be withdrawn by the Provider at any time prior; and (c) confers access subject to the Canine Caregivers terms.

5.8 Lifetime Membership includes lifetime access to Canine Caregivers, subject to the Canine Caregivers terms.

6. CANCELLATION

6.1 Monthly Membership. You may cancel at any time. Cancellation takes effect at the end of the then-current monthly billing period. You retain access until that date. No further amounts will be charged after cancellation takes effect.

6.2 Annual Membership. You may cancel at any time. Cancellation takes effect at the end of the then-current annual billing period. You retain access until that date. No further amounts will be charged after cancellation takes effect.

6.3 Lifetime Membership. A lifetime Membership is a single purchase with no recurring billing and accordingly there is no subscription to cancel.

6.4 Program and Canine Caregivers access. Access under clause 4.2 ends with the client relationship; access under clause 4.3 is permanent; access under clause 4.4 is cancelled by cancelling the underlying Canine Caregivers membership in accordance with its terms.

6.5 To cancel a Membership, contact the Provider at admin@bondibehaviourist.com or use the subscription management facility in Your account. To avoid being charged for a further billing period, cancellation must be effected before the relevant renewal date.

7. REFUNDS

7.1 Subject to clause 7.2 and to any non-excludable rights under the ACL:

(a) Fees for monthly Memberships are non-refundable, and no refund or credit is given for any unused portion of a monthly billing period;

(b) Fees for annual Memberships are non-refundable, and no refund or credit is given for any unused portion of an annual billing period; and

(c) Fees for lifetime Memberships are non-refundable and all such sales are final.

7.2 Australian Consumer Law. The Service comes with guarantees that cannot be excluded under the ACL. Nothing in these Terms excludes, restricts or modifies any right or remedy You have under the ACL or any other law that cannot lawfully be excluded, restricted or modified. If the Service fails to comply with a consumer guarantee, You are entitled to the remedies provided by the ACL.

7.3 Access to the Service provided as a component of the Starter Program or Complete Care Program is included in the price of the relevant program, and refund entitlements in respect of those programs are governed by the terms applicable to them.

8. ACCEPTABLE USE

8.1 You must use the Service lawfully and in accordance with these Terms. Without limitation, You must not:

(a) rely on the Service in any situation of immediate risk to human or animal safety in place of seeking emergency or professional assistance;

(b) copy, extract, scrape, reproduce, distribute, commercialise or create derivative works from the Service, its training materials, outputs (other than for Your personal, non-commercial use) or underlying frameworks;

(c) use any automated means to access, query or extract data from the Service;

(d) reverse engineer, decompile, or attempt to discover the underlying models, prompts or configuration of the Service, or circumvent any usage limits or safety measures;

(e) share account credentials or permit any other person to use Your account, each account being personal to one individual; or

(f) use the Service to harass, defame, mislead or harm any person or animal, or otherwise engage in unlawful conduct; or

(g) use the Service, or any output of the Service, to develop, train, fine-tune, or improve any other artificial intelligence or machine learning model.

8.2 The Provider may suspend or terminate Your access immediately and without notice if, in its reasonable opinion, You breach this clause 8 or any other provision of these Terms. No refund is payable in respect of any period of suspension or following termination for breach, subject to the ACL.

9. INTELLECTUAL PROPERTY

9.1 All Intellectual Property Rights in and to the Service, including the TRACE name and acronym, the underlying frameworks, methodologies, training materials, and all content generated by or comprised in the Service, are and remain the property of the Provider and/or Ian Shivers (or their licensors).

9.2 You are granted a personal, limited, revocable, non-exclusive, non-transferable licence to use the Service and its outputs for Your personal, non-commercial purposes only, for the duration of Your permitted access. No other rights are granted.

9.3 You must not use the TRACE name, acronym or branding without the Provider's prior written consent.

9.4 For clarity, nothing in this clause 9 affects the ownership of, or Intellectual Property Rights in, the underlying artificial intelligence platform, models and technology used to deliver the Service, which remain the property of Delphi under Delphi's own terms.

10. PRIVACY AND DATA

10.1 The Provider collects and handles personal information (including Your name, email address, and the content of Your conversations with the Service) in accordance with its Privacy Policy, available at bondibehaviourist.com/terms-conditions, and with applicable privacy law including the Privacy Act 1988 (Cth) to the extent it applies.

10.2 You acknowledge and consent that Your conversations with the Service may be accessed and reviewed by Ian Shivers and authorised personnel for the purposes of quality assurance, safety monitoring, and training and improving the Service.

10.3 The Provider does not sell Your personal information to third parties.

10.4 You must not submit to the Service any personal information of another individual unless You are authorised to do so, and You must not submit sensitive information that is not reasonably necessary for Your use of the Service.

10.5 The Service is hosted on the Delphi platform. In order to generate output and operate the Service, Delphi processes the content of Your conversations with the Service. Delphi's handling of that data is governed by Delphi's own Privacy Policy, currently available at delphi.ai/privacy, in addition to the Privacy Policy referred to in clause 10.1.

11. THIRD-PARTY PLATFORMS

11.1 The Service is delivered through third-party technology platforms and payment processors. The Provider is not responsible for acts, omissions, outages or data handling practices of third-party providers, except as required by law. Your use of Canine Caregivers is governed by the Canine Caregivers terms.

11.2 Delphi platform. TRACE is built, hosted and delivered using the Delphi platform. By using the Service, You also agree to be bound by Delphi's Terms of Use, currently available at delphi.ai/terms, and Delphi's Privacy Policy, currently available at delphi.ai/privacy, as end user terms applicable to Your use of a digital mind made available through the Delphi platform. Delphi's Terms of Use and Privacy Policy apply in addition to, and separately from, these Terms.

11.3 If there is any conflict between these Terms and Delphi's Terms of Use as they relate to the underlying platform, technology, hosting or infrastructure through which the Service is delivered, Delphi's Terms of Use govern that aspect of the Service. In all other respects, including the scope of the Service, access tiers, Fees, cancellation and refunds, these Terms govern.

11.4 The Provider is not responsible for the acts, omissions, availability, security or data handling practices of Delphi, except as required by law or as expressly stated in these Terms.

12. AVAILABILITY AND CHANGES TO THE SERVICE

12.1 The Provider does not warrant that the Service will be continuous, uninterrupted, secure or error-free. The Service may be unavailable from time to time, including for maintenance, updates or circumstances beyond the Provider's reasonable control.

12.2 The Provider may modify, add to, suspend or discontinue any aspect of the Service at any time. Where a change materially and adversely affects holders of current paid Memberships, the Provider will use reasonable endeavours to give prior notice.

13. LIABILITY

13.1 To the maximum extent permitted by law, neither Ian Shivers, Bondi Behaviourist, nor Canine Caregivers (together the "Released Parties") accepts any liability, whether in contract, tort (including negligence), statute or otherwise, for:

(a) any act or omission by You in reliance on any output of the Service;

(b) any injury, illness, death, loss or damage suffered by You, any dog, or any third party arising out of or in connection with Your use of the Service;

(c) any inaccuracy, error or omission in any output of the Service;

(d) any interruption, suspension, discontinuance or unavailability of the Service; or

(e) any indirect, incidental, special or consequential loss, loss of profit, loss of data or loss of opportunity.

13.2 To the extent that liability of a Released Party cannot be excluded but can be limited, that liability is limited, at the Provider's election, to: (a) the resupply of the Service; or (b) the payment of the cost of having the Service resupplied; or (c) a refund or credit equal to the Fees paid by You for the billing period in which the liability arose.

13.3 You indemnify the Released Parties against any claim, loss or damage (including reasonable legal costs) arising out of Your breach of these Terms or Your unlawful or negligent act or omission in connection with the Service, except to the extent caused by the Released Parties.

13.4 Nothing in this clause 13 excludes, restricts or modifies any non-excludable right or guarantee under the ACL.

13.5 Nothing in this clause 13 limits any liability of Delphi to You, which is governed separately by Delphi's Terms of Use.

14. TERMINATION

14.1 This Agreement continues until Your access ends in accordance with these Terms. Clauses 3, 7.2, 9, 10, 11, 13, 14 and 16 survive termination.

14.2 On termination for any reason, Your licence under clause 9.2 ends and You must cease using the Service.

15. GENERAL

15.1 Entire agreement. These Terms, together with the Privacy Policy and (where applicable) the Canine Caregivers terms and any Bondi Behaviourist program terms, constitute the entire agreement between You and the Provider in relation to the Service.

15.2 Severance. If any provision of these Terms is void, unenforceable or illegal, it is severed, and the remaining provisions continue in force.

15.3 Waiver. A failure or delay by the Provider to exercise a right is not a waiver of that right.

15.4 Assignment. You may not assign Your rights under these Terms. The Provider may assign or novate its rights and obligations on notice to You.

15.5 Notices. Notices to the Provider must be sent to admin@bondibehaviourist.com. Notices to You may be sent to the email address associated with Your account.

16. GOVERNING LAW AND JURISDICTION

16.1 These Terms are governed by the laws of New South Wales, Australia. The parties submit to the exclusive jurisdiction of the courts of New South Wales and the courts competent to hear appeals from them.



Parking Fees

If there is only paid parking available in your area and the trainer pays a parking meter for the duration of your consultation the client will be charged the full amount of the parking meter fee. This fee will be added on to the invoice.

Travel Fees

Travel fees may be charged in some circumstances appropriate to the time, location and tolls.

Bondi Behaviourist (“the Provider”) offers the following guarantee with respect to the Complete Care Program (“the Program”).