TERMS AND CONDITIONS​

1. INTRODUCTION AND APPLICATION

1.1

These Master Terms and Conditions (“Terms”) govern the relationship between Splendid K9 – Dog Behaviour Specialists (“Splendid K9”, “we”, “us” or “our”) and any person or entity who enquires about, books, purchases, receives, uses or otherwise engages our services (“Client”, “you” or “your”).

1.2

These Terms apply to all services supplied by Splendid K9, including but not limited to:

1.2.1 dog behaviour consultations and behaviour intervention;

1.2.2 private dog training;

1.2.3 puppy training;

1.2.4 obedience and manners training;

1.2.5 behavioural modification;

1.2.6 reactivity, fear, anxiety and related behavioural programmes;

1.2.7 structured training and behaviour programmes;

1.2.8 dog walking and associated services;

1.2.9 assessments and follow-up consultations;

1.2.10 group or individual training;

1.2.11 educational and advisory services; and

1.2.12 any other service supplied by Splendid K9 from time to time.

1.3

These Terms, together with any applicable quotation, invoice, booking confirmation, programme description, written proposal, payment arrangement or other written communication issued or accepted by Splendid K9, constitute the contractual framework governing the relevant Services.

1.4

The Client accepts these Terms by any of the following actions:

1.4.1 submitting a booking or service enquiry which results in a booking;

1.4.2 making payment;

1.4.3 confirming an appointment;

1.4.4 commencing or receiving a Service;

1.4.5 allowing a Professional to handle, train, walk, assess or supervise the Dog; or

1.4.6 otherwise instructing Splendid K9 to provide Services.

1.5

The Client is responsible for reviewing these Terms before booking or purchasing Services. The current version of these Terms will be made available on the Splendid K9 website.

1.6

If there is a conflict between these Terms and a specific written agreement expressly entered into between Splendid K9 and the Client, the specific written agreement will prevail to the extent of the inconsistency.

1.7

Nothing in these Terms is intended to exclude, restrict or waive a right or protection which applicable South African law does not permit the parties to exclude, restrict or waive.

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2. DEFINITIONS

2.1

“Client” means the person or entity purchasing, booking, requesting or receiving Services, including the registered owner of the Dog and any person authorised by that owner.

2.2

“Dog” means any dog or other animal presented to, entrusted to, or placed under the supervision or control of Splendid K9.

2.3

“Professional” means any trainer, behaviourist, walker, employee, contractor, representative, agent or other person performing Services on behalf of Splendid K9.

2.4

“Programme” means any structured service comprising multiple sessions, stages, assessments, consultations, exercises, recommendations or professional components.

2.5

“Services” means any services supplied by Splendid K9.

2.6

“Business Day” means Monday to Friday, excluding South African public holidays.

2.7

“Booking” means any appointment, reservation, programme commencement date, walking arrangement or other allocation of Splendid K9’s professional capacity.

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3. NATURE OF DOG TRAINING AND BEHAVIOUR SERVICES

3.1

The Client acknowledges that dogs are sentient animals whose behaviour may be affected by genetics, temperament, learning history, environment, health, pain, medication, stress, hormones, previous experiences and circumstances outside Splendid K9’s control.

3.2

Accordingly, Splendid K9 does not guarantee a particular behavioural outcome, level of obedience, elimination of a behavioural problem, change in temperament or specific timeframe for improvement.

3.3

Any assessment, recommendation, prognosis, opinion or behavioural interpretation provided by Splendid K9 is a professional opinion based on the information and circumstances available at the relevant time.

3.4

Professional recommendations are not guarantees of future conduct.

3.5

Behavioural improvement depends substantially upon the Client’s implementation of instructions, exercises, management strategies and recommendations.

3.6

The Client acknowledges that Splendid K9 cannot reasonably be held responsible for deterioration, lack of improvement or recurrence of a behavioural issue where the Client has failed to implement material recommendations.

3.7

Splendid K9 may modify, restructure, suspend or discontinue a training or behaviour protocol where, in its reasonable professional opinion, doing so is necessary for safety, welfare, ethical, practical or professional reasons.

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4. CLIENT DISCLOSURE OBLIGATIONS

4.1

The Client warrants that all information supplied to Splendid K9 concerning the Dog is accurate, complete and not materially misleading.

4.2

The Client must disclose all information reasonably relevant to the safe and appropriate provision of Services, including:

4.2.1 previous bites or attempted bites;

4.2.2 aggression towards people or animals;

4.2.3 resource guarding;

4.2.4 territorial behaviour;

4.2.5 escape behaviour;

4.2.6 previous injuries or incidents;

4.2.7 medical, neurological or physical conditions;

4.2.8 medication or treatment;

4.2.9 known behavioural triggers;

4.2.10 previous training or behavioural interventions;

4.2.11 vaccination or health information where relevant;

4.2.12 known interactions with children or vulnerable persons; and

4.2.13 any other information which a reasonable professional would regard as material.

4.3

Failure to disclose material information constitutes a material breach of these Terms.

4.4

Where a Client discovers new information which may materially affect the safety or delivery of the Services, the Client must notify Splendid K9 as soon as reasonably possible.

4.5

Splendid K9 shall not be responsible for consequences materially arising from information which the Client failed to disclose, provided that nothing in this clause excludes liability which cannot lawfully be excluded.

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5. CLIENT RESPONSIBILITIES

5.1

The Client remains responsible for the Dog except during periods in which the Dog is expressly under the direct supervision of Splendid K9.

5.2

The Client must comply with all reasonable safety instructions issued by Splendid K9.

5.3

The Client must provide suitable equipment reasonably required for the relevant Service.

5.4

The Client must ensure that the Dog is appropriately contained, restrained and managed when not under Splendid K9’s direct control.

5.5

The Client shall not knowingly place a Professional in circumstances materially different from those disclosed when the Service was booked.

5.6

The Client is responsible for ensuring that any person responsible for the Dog on the Client’s behalf is informed of relevant recommendations and safety requirements.

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6. DOG WALKING SERVICES

6.1

Dog walking involves inherent risks associated with animal handling, including escape, injury, bites, traffic, environmental hazards, interactions with other animals and unpredictable behaviour.

6.2

The Client acknowledges that such risks cannot be completely eliminated.

6.3

Splendid K9 will take reasonable precautions appropriate to the circumstances but does not guarantee that an incident will not occur.

6.4

Splendid K9 may, in its reasonable professional discretion, shorten, modify, relocate, postpone or terminate a walk where circumstances make the originally intended activity unsafe or impractical.

6.5

Where a Dog escapes, becomes injured, injures another animal or person, causes property damage or becomes involved in an incident, Splendid K9 shall take reasonable steps appropriate to the circumstances.

6.6

Subject to applicable law, the Client shall remain responsible for veterinary, medical, transportation, recovery, damage or other reasonable costs arising from an incident involving the Dog where those costs are legally attributable to the Client or the Dog.

6.7

The Client authorises Splendid K9 to seek emergency veterinary assistance where reasonably necessary and where the Client cannot reasonably be contacted.

6.8

The Client remains responsible for veterinary and related costs incurred in such circumstances, subject to applicable law.

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7. FEES AND PAYMENT

7.1

Unless expressly agreed otherwise in writing, Services are payable in advance.

7.2

A Booking is not confirmed until payment has been received or Splendid K9 has expressly approved an alternative arrangement.

7.3

Splendid K9 may refuse to commence or continue Services where amounts due remain unpaid.

7.4

The Client remains liable for all amounts properly due under a Booking or Programme notwithstanding whether the Client subsequently elects to continue using the Services.

7.5

Travel, transportation, special handling, additional administration and other expressly disclosed charges may be charged in addition to the base Service fee.

7.6

Overdue amounts may attract interest at the maximum lawful rate.

7.7

Splendid K9 may suspend future Services until overdue amounts have been settled.

7.8

Where payment is reversed, dishonoured, charged back or otherwise improperly withheld after Services have been supplied, the Client remains liable for the underlying amount and any lawful costs reasonably incurred in recovering it.

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8. PROGRAMMES AND PREPAID SERVICES

8.1

A Programme is a structured professional service and is not merely the purchase of a number of unrelated appointments.

8.2

The Programme fee may account for professional work performed before, between and after individual sessions, including assessment, planning, behavioural analysis, administration, communication, record keeping, scheduling and programme design.

8.3

The Client acknowledges that the Programme fee may therefore be earned progressively and is not necessarily attributable solely to the time spent in face-to-face sessions.

8.4

Splendid K9 may reserve professional capacity specifically for a Client following purchase of a Programme.

8.5

A Client who voluntarily stops participating in a Programme does not automatically acquire a right to a pro-rata cash refund for unused sessions or components.

8.6

Unused sessions, credits or Programme components may expire in accordance with the applicable Programme terms.

8.7

Where no specific expiry period has been communicated, Splendid K9 may require unused Programme components to be completed within a reasonable period determined having regard to the nature of the Programme and professional availability.

8.8

A Programme may not be transferred to another person or Dog without Splendid K9’s written approval.

8.9

Splendid K9 may require a new assessment before recommencing a Programme where a substantial period has elapsed or where the Dog’s circumstances have materially changed.

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9. CANCELLATIONS, RESCHEDULING AND NO-SHOWS

9.1

At least 24 hours’ notice is required to cancel or reschedule an appointment.

9.2

An appointment cancelled with less than 24 hours’ notice, or missed without reasonable notice, may be charged or forfeited.

9.3

Any cancellation charge will be applied subject to applicable law and will be assessed with regard to the nature of the Service, notice provided, the likelihood of replacing the appointment and other relevant circumstances.

9.4

Repeated cancellations, late cancellations or no-shows may result in Splendid K9 requiring advance payment or imposing reasonable additional booking conditions.

9.5

Rescheduling is subject to professional availability.

9.6

Splendid K9 is not required to maintain a specific appointment time indefinitely following a Client cancellation.

9.7

Splendid K9 may exercise discretion in genuinely exceptional circumstances, including serious illness, hospitalisation or other circumstances recognised by applicable law.

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10. REFUNDS, CREDITS AND CLIENT TERMINATION

10.1

Splendid K9 operates on the basis that payments for Services are generally non-refundable once a Booking, Programme or professional capacity has been accepted and allocated, subject always to mandatory rights under applicable law.

10.2

A Client does not acquire a contractual entitlement to a refund merely because the Client:

10.2.1 changes their mind;

10.2.2 no longer wants the Service;

10.2.3 has competing commitments;

10.2.4 relocates;

10.2.5 fails to attend;

10.2.6 fails to implement recommendations;

10.2.7 becomes dissatisfied with the pace of progress;

10.2.8 decides to use another provider;

10.2.9 allows the Programme to lapse; or

10.2.10 voluntarily abandons the Service.

10.3

Where the Client voluntarily terminates a Programme after commencement, Splendid K9 may retain amounts attributable to Services already performed, professional preparation, administration, reserved capacity, assessments, programme design, communication and other work reasonably performed or committed to.

10.4

Where a refund is legally required, the refund shall be limited to the amount legally due after taking into account Services already supplied and any lawful cancellation or other charges.

10.5

Where Splendid K9 elects to provide an accommodation, credit, transfer, rescheduling opportunity or partial refund where not legally required to do so, that accommodation is discretionary and does not create a precedent or continuing obligation.

10.6

Credits are personal to the Client unless otherwise agreed and may not be sold, transferred or exchanged for cash.

10.7

Nothing in this clause excludes a statutory right to a refund, remedy, cancellation, warranty or other protection which cannot lawfully be excluded.

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11. SERVICE INTERRUPTION, SUSPENSION AND ABANDONMENT

11.1

Where the Client fails to attend, communicate or participate for 14 consecutive days without reasonable prior notice, Splendid K9 may regard the Service as suspended or abandoned.

11.2

Splendid K9 may then:

11.2.1 release reserved appointment times;

11.2.2 reallocate professional capacity;

11.2.3 close the relevant service file;

11.2.4 require reassessment before recommencement; and/or

11.2.5 determine whether any unused Programme component remains available.

11.3

The Client may not indefinitely preserve professional capacity by failing to communicate while retaining a claim to immediate future availability.

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12. PROFESSIONAL DISCRETION AND RIGHT TO REFUSE SERVICE

12.1

Splendid K9 may refuse, suspend, modify, postpone or terminate a Service where a Professional reasonably believes that:

12.1.1 the Dog presents an unacceptable safety risk;

12.1.2 material information was withheld;

12.1.3 the Client has provided materially inaccurate information;

12.1.4 safety instructions have not been followed;

12.1.5 the Client has behaved abusively, threateningly or inappropriately;

12.1.6 the requested Service falls outside the Professional’s competence;

12.1.7 the Dog requires veterinary, medical or specialist intervention beyond Splendid K9’s scope;

12.1.8 continuing would create an unreasonable risk; or

12.1.9 another legitimate professional or operational reason makes continuation inappropriate.

12.2

Splendid K9 may recommend veterinary care, another professional, specialist intervention or another appropriate service provider.

12.3

Where termination results from the Client’s breach, misconduct, material non-disclosure or unreasonable conduct, the Client shall not automatically be entitled to a refund, subject to applicable law.

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13. SAFETY, RISK AND LIMITATION OF LIABILITY

13.1

IMPORTANT NOTICE: DOG TRAINING, BEHAVIOUR INTERVENTION AND DOG WALKING INVOLVE INHERENT RISKS.

13.2

Such risks may include bites, attempted bites, scratches, falls, escape, injury, illness, interaction with other animals, traffic incidents, property damage and unexpected behavioural responses.

13.3

The Client acknowledges these inherent risks and understands that animal behaviour cannot be predicted or controlled with absolute certainty.

13.4

To the maximum extent permitted by law, Splendid K9 shall not be liable for loss, damage, injury, expense or consequential loss arising from:

13.4.1 the inherent behaviour or conduct of the Dog;

13.4.2 inaccurate or incomplete information supplied by the Client;

13.4.3 the Client’s failure to follow reasonable instructions;

13.4.4 the actions of third parties;

13.4.5 the conduct of animals outside Splendid K9’s control;

13.4.6 environmental conditions outside Splendid K9’s reasonable control;

13.4.7 pre-existing medical or behavioural conditions;

13.4.8 escape or injury where reasonable precautions appropriate to the circumstances were taken; or

13.4.9 events outside Splendid K9’s reasonable control.

13.5

Nothing in these Terms excludes or limits liability to the extent that applicable law prohibits such exclusion or limitation, including liability arising from conduct which cannot lawfully be excluded.

13.6

Where legally permissible, Splendid K9 shall not be liable for indirect, consequential, special or purely economic losses arising from the provision of Services.

13.7

The Client remains responsible for obtaining appropriate insurance for the Dog and any risks which the Client wishes to insure against.

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14. INDEMNITY

14.1

To the maximum extent permitted by law, the Client indemnifies Splendid K9, its owners, employees, contractors, Professionals, representatives and agents against claims, losses, damages, reasonable legal expenses and costs arising from:

14.1.1 the conduct of the Dog;

14.1.2 injury or damage caused by the Dog;

14.1.3 inaccurate or incomplete information provided by the Client;

14.1.4 the Client’s breach of these Terms;

14.1.5 the Client’s failure to follow reasonable safety instructions;

14.1.6 the Client’s unlawful or wrongful conduct; or

14.1.7 claims for which the Client is legally responsible.

14.2

This indemnity does not apply to the extent that the relevant loss results from conduct for which Splendid K9 cannot lawfully require the Client to indemnify it.

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15. VETERINARY AND MEDICAL MATTERS

15.1

Splendid K9 does not provide veterinary, medical, pharmaceutical or diagnostic services.

15.2

Behavioural observations do not constitute a veterinary diagnosis.

15.3

Splendid K9 may recommend veterinary assessment where physical, neurological, medical or medication-related factors may reasonably affect behaviour.

15.4

Where an emergency occurs while a Dog is under Splendid K9’s supervision and the Client cannot reasonably be contacted, Splendid K9 may obtain appropriate emergency veterinary assistance.

15.5

The Client authorises Splendid K9 to act reasonably in such circumstances.

15.6

Subject to applicable law, all veterinary, medical, transport, treatment and related expenses remain the Client’s responsibility.

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16. PROFESSIONAL COMMUNICATION AND WORKING HOURS

16.1

Splendid K9 maintains professional communication boundaries to protect both Clients and Professionals.

16.2

Routine administrative and service-related communication is generally conducted between:

09:00 and 17:30, Monday to Friday, excluding South African public holidays.

16.3

Messages received outside these hours may be responded to during the next Business Day.

16.4

The Client may not reasonably expect immediate responses outside business hours.

16.5

Splendid K9 Professionals are not required to respond to routine messages, calls or enquiries outside designated working hours.

16.6

Emergency situations involving immediate risk to a person or animal must be directed to the appropriate emergency or veterinary service.

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17. PROFESSIONAL BOUNDARIES AND INAPPROPRIATE CONDUCT

17.1

All communication with Splendid K9 Professionals must remain professional, respectful and relevant to the Services.

17.2

Prohibited conduct includes:

17.2.1 sexualised, sexually explicit, flirtatious or suggestive communication;

17.2.2 unsolicited sexual photographs, videos or other sexual material;

17.2.3 sexual propositions or comments;

17.2.4 harassment;

17.2.5 stalking or persistent unwanted communication;

17.2.6 threats or intimidation;

17.2.7 abusive, degrading or humiliating communication;

17.2.8 coercion or manipulation;

17.2.9 repeated attempts to circumvent professional boundaries;

17.2.10 contacting Professionals through personal channels for inappropriate purposes;

17.2.11 deliberately attempting to interfere with or undermine a Professional’s personal or professional life; or

17.2.12 any other conduct reasonably capable of creating a hostile, unsafe, intimidating or materially uncomfortable professional environment.

17.3

Splendid K9 may respond to such conduct by:

17.3.1 restricting communication to official business channels;

17.3.2 requiring communication through management or administration;

17.3.3 suspending communication;

17.3.4 cancelling or refusing appointments;

17.3.5 removing a Professional from the Client’s account;

17.3.6 terminating Services; and/or

17.3.7 taking further lawful action where appropriate.

17.4

Serious misconduct may justify immediate termination without providing the Client with a further opportunity to engage the Professional.

17.5

Nothing in this clause prevents a Client from making a genuine complaint, exercising a lawful right, reporting misconduct or providing truthful feedback.

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18. HARASSMENT, THREATS, BLACKMAIL AND COERCION

18.1

Splendid K9 does not tolerate threats, harassment, intimidation, coercion, stalking, blackmail, extortion or deliberate abusive conduct towards its Professionals.

18.2

A disagreement concerning Services does not entitle a Client to engage in threatening or abusive conduct.

18.3

Where a Client has a complaint, the Client should raise it through Splendid K9’s designated business communication channel.

18.4

Splendid K9 reserves all lawful rights and remedies in relation to conduct which may constitute harassment, intimidation, extortion, blackmail, defamation or another unlawful act.

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19. COMPLAINTS AND DISPUTE MANAGEMENT

19.1

The Client should first raise complaints directly with Splendid K9 and provide sufficient information for the complaint to be investigated.

19.2

Splendid K9 will be afforded a reasonable opportunity to investigate and respond before the Client takes further steps, except where applicable law provides otherwise or urgent intervention is reasonably required.

19.3

The Client remains entitled to approach a competent regulatory, statutory or judicial body where legally entitled to do so.

19.4

Nothing in these Terms prevents the Client from exercising a lawful consumer right.

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20. REVIEWS, PUBLIC STATEMENTS AND DEFAMATION

20.1

Clients are entitled to provide honest reviews, fair criticism and genuine complaints.

20.2

The Client must not knowingly publish or distribute materially false statements presented as fact concerning Splendid K9, its Professionals, Clients or Services.

20.3

Where Splendid K9 reasonably believes that materially false or unlawful statements have been published, Splendid K9 reserves the right to seek any remedy available under South African law.

20.4

Splendid K9 does not prohibit lawful negative reviews or genuine complaints.

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21. CLIENT PROPERTY AND ACCESS TO PREMISES

21.1

The Client remains responsible for providing accurate access instructions.

21.2

The Client must ensure that premises at which Services are provided are reasonably safe and accessible.

21.3

The Client must disclose known hazards which may affect the safety of the Professional or Dog.

21.4

Where a Professional reasonably considers a property unsafe, Splendid K9 may suspend, relocate or terminate the Service until the relevant risk has been addressed.

21.5

Splendid K9 shall not be responsible for undisclosed hazards which were not reasonably foreseeable.

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22. THIRD-PARTY ANIMALS, PEOPLE AND ENVIRONMENTAL CONDITIONS

22.1

Services may occur in environments containing other animals, pedestrians, vehicles, businesses, residences and environmental hazards.

22.2

Splendid K9 cannot control the conduct of third parties or animals outside its control.

22.3

Splendid K9 will take reasonable precautions appropriate to the circumstances.

22.4

Subject to applicable law, Splendid K9 shall not be liable for unforeseeable conduct of third parties or animals outside its control.

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23. RECORDS AND PERSONAL INFORMATION

23.1

Splendid K9 may maintain reasonable records concerning the Client and Dog for purposes including:

23.1.1 service delivery;

23.1.2 behavioural assessment;

23.1.3 continuity of service;

23.1.4 appointment management;

23.1.5 invoicing;

23.1.6 communication;

23.1.7 dispute resolution;

23.1.8 operational management; and

23.1.9 compliance with legal obligations.

23.2

Personal information shall be handled in accordance with applicable South African privacy legislation and Splendid K9’s applicable Privacy Policy.

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24. PHOTOGRAPHS, VIDEO AND RECORDINGS

24.1

Splendid K9 may create photographs or video recordings of Dogs during Services for legitimate operational, educational, behavioural or record-keeping purposes.

24.2

Where identifiable images of a Client are intended for public promotional use, Splendid K9 will obtain appropriate permission where required by law.

24.3

The Client acknowledges that Dogs may occasionally appear incidentally in photographs or video captured during normal Service delivery.

24.4

Clients should notify Splendid K9 in writing if they have a specific lawful objection to identifiable marketing use of their Dog.

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25. INTELLECTUAL PROPERTY

25.1

All Splendid K9 training programmes, behavioural frameworks, written recommendations, educational materials, templates, systems, exercises, documentation, branding, content and proprietary methodologies remain the intellectual property of Splendid K9 unless expressly transferred in writing.

25.2

The Client receives a limited, non-exclusive right to use materials supplied for the Client’s personal use in relation to the Client’s Dog.

25.3

The Client may not reproduce, resell, publish, distribute, teach, commercialise, copy or substantially adapt Splendid K9 materials without written permission.

25.4

The Client may not represent Splendid K9’s proprietary materials or methodology as their own.

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26. PROFESSIONAL CAPACITY AND SERVICE AVAILABILITY

26.1

Splendid K9’s professional capacity is limited and may be allocated to Clients following payment or confirmation of a Booking.

26.2

A Client’s failure to attend does not necessarily release Splendid K9 from the professional capacity, administrative work or scheduling commitment already allocated.

26.3

Splendid K9 may adjust appointment times where reasonably necessary due to Professional availability, illness, emergencies, operational requirements or other circumstances beyond its reasonable control.

26.4

Where Splendid K9 changes an appointment, it will endeavour to provide reasonable notice and an alternative appointment where reasonably practicable.

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27. TERMINATION BY SPLENDID K9

27.1

Splendid K9 may suspend or terminate the Client relationship where reasonably justified by:

27.1.1 material breach of these Terms;

27.1.2 serious misconduct;

27.1.3 threats or harassment;

27.1.4 material dishonesty;

27.1.5 material non-disclosure;

27.1.6 repeated failure to follow safety instructions;

27.1.7 non-payment;

27.1.8 unreasonable interference with Professionals;

27.1.9 conduct creating an unacceptable risk; or

27.1.10 another legitimate professional or operational reason.

27.2

Where termination arises from the Client’s breach, misconduct or material non-compliance, Splendid K9 may retain amounts lawfully due for Services already performed, reserved professional capacity, preparation, administration or cancellation.

27.3

Any refund required by law will remain payable notwithstanding this clause.

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28. FORCE MAJEURE

28.1

Splendid K9 shall not be responsible for delay or inability to perform Services caused by circumstances beyond its reasonable control, including illness, injury, natural disasters, severe weather, governmental restrictions, transport disruptions, infrastructure failure, emergencies, civil unrest, power or communications failures or other comparable circumstances.

28.2

Where reasonably practicable, affected Services may be rescheduled.

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29. ELECTRONIC COMMUNICATIONS AND RECORDS

29.1

The Client agrees that electronic communications, including email, SMS, WhatsApp and other agreed electronic communication channels, may be used for bookings, confirmations, instructions, invoices, notices and other service-related communications.

29.2

The Client is responsible for maintaining access to the contact details supplied to Splendid K9.

29.3

The Client should notify Splendid K9 of changes to contact information.

29.4

Electronic records may be retained and relied upon as evidence of communications, bookings, confirmations, instructions and transactions, subject to applicable law.

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30. NOTICES AND COMMUNICATION

30.1

The Client agrees that Splendid K9 may communicate with the Client using the contact details supplied during the booking or service process.

30.2

Routine notices may be provided electronically.

30.3

A Client remains responsible for checking relevant communications concerning their Booking or Programme.

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31. CONSUMER PROTECTION

31.1

These Terms are intended to comply with applicable South African consumer protection legislation.

31.2

Nothing in these Terms is intended to:

31.2.1 waive a mandatory statutory right;

31.2.2 exclude a statutory remedy which cannot lawfully be excluded;

31.2.3 avoid a legal obligation imposed upon Splendid K9; or

31.2.4 prevent a Client from exercising a lawful consumer right.

31.3

Where a provision is capable of two interpretations, it shall, to the extent legally required, be interpreted consistently with mandatory applicable law.

31.4

If any provision is unlawful or unenforceable, it shall be severed or limited only to the extent necessary, and the remaining provisions shall continue in force.

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32. FAIR NOTICE OF RISK AND LIABILITY PROVISIONS

32.1

The provisions dealing with:

32.1.1 assumption of inherent risks;

32.1.2 limitations of liability;

32.1.3 indemnities;

32.1.4 cancellation charges;

32.1.5 veterinary expenses;

32.1.6 Client responsibilities; and

32.1.7 professional discretion

are material provisions of these Terms.

32.2

The Client is expected to review these provisions before purchasing or commencing Services.

32.3

Splendid K9 intends these provisions to operate only to the maximum extent permitted by applicable law.

32.4

Nothing in these Terms shall be interpreted as an attempt to exclude liability or rights which the law does not permit to be excluded.

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33. GOVERNING LAW AND JURISDICTION

33.1

These Terms are governed by the laws of the Republic of South Africa.

33.2

Subject to mandatory jurisdictional requirements, disputes may be determined by a competent court in South Africa.

33.3

Nothing prevents either party from approaching a competent statutory or regulatory authority where legally entitled to do so.

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34. AMENDMENTS TO THESE TERMS

34.1

Splendid K9 may update these Terms from time to time.

34.2

Updated Terms will apply to new Bookings and Services from the effective date stated in the updated version.

34.3

Where legally required, Clients will receive appropriate notice of material amendments.

34.4

The version applicable to a transaction will ordinarily be the version in force when that transaction was concluded, subject to any lawful subsequent variation.

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35. ENTIRE AGREEMENT

35.1

These Terms, together with any applicable quotation, invoice, booking confirmation, Programme description or specific written agreement, constitute the agreement governing the relevant Services.

35.2

No verbal representation will amend these Terms unless confirmed by an authorised representative of Splendid K9 in writing.

35.3

A failure by Splendid K9 to enforce a provision on one occasion does not constitute a waiver of its right to enforce that provision subsequently.

35.4

Any waiver must be expressly made by an authorised representative of Splendid K9.

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36. NO PARTNERSHIP OR AGENCY

36.1

Nothing in these Terms creates a partnership, joint venture, employment relationship or agency relationship between Splendid K9 and the Client.

36.2

The Client may not represent that they have authority to bind Splendid K9.

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37. SEVERABILITY

37.1

If any provision of these Terms is found to be unlawful, invalid or unenforceable, that provision shall be limited, severed or modified to the minimum extent necessary.

37.2

The remaining provisions shall continue to operate to the fullest extent permitted by law.

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38. CLIENT ACKNOWLEDGEMENT

By booking, paying for, commencing or continuing to use any Splendid K9 Service, the Client acknowledges that:

38.1 the Client has had reasonable access to these Terms;

38.2 the Client has had an opportunity to review the Terms before committing to the Service;

38.3 the Client understands that dog training, behaviour intervention and dog walking involve inherent risks;

38.4 the Client understands that behavioural outcomes cannot be guaranteed;

38.5 the Client understands that the Client’s implementation of professional recommendations materially affects outcomes;

38.6 the Client has provided accurate and complete information concerning the Dog;

38.7 the Client agrees to follow reasonable safety instructions;

38.8 the Client understands Splendid K9’s cancellation and non-refund framework;

38.9 the Client understands that prepaid Programmes constitute structured professional services and are not necessarily divisible into independently refundable appointments;

38.10 the Client agrees to maintain professional communication with Splendid K9 and its Professionals;

38.11 the Client understands that Splendid K9 may refuse or terminate Services where reasonably justified; and

38.12 the Client agrees to be bound by these Terms to the maximum extent permitted by South African law.

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39. WEBSITE AND ELECTRONIC ACCEPTANCE

39.1

These Terms are published electronically and are intended to form part of the contractual framework applicable to Services booked or purchased through Splendid K9.

39.2

Where the Client books or purchases Services electronically, the Client is responsible for reviewing the Terms made available through the website before completing the transaction.

39.3

Where an electronic booking system provides an acceptance mechanism, including a checkbox or equivalent confirmation, the Client’s affirmative acceptance constitutes confirmation that the Client has been given an opportunity to review the Terms.

39.4

Where a Client books through another communication channel, including email, telephone, WhatsApp or in person, these Terms remain applicable unless Splendid K9 expressly agrees otherwise in writing.

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40. CONTACT AND LEGAL NOTICES

All formal complaints, legal notices or requests concerning these Terms should be directed to Splendid K9 through its designated business communication channels published on the official Splendid K9 website.