By accessing (which includes browsing and any use, by the employment of any device or by any means), www.thinkdog.org or its associated websites (including but not limited to www.thinkdog.org, trainyourdogonline.com, www.learntotalkdog.com, www.cleverdogcompany.com, www.sarahwhitehead.com, www.swinnercircle.co.uk, all of which sites are known collectively and/or individually in these Terms as the “Website”) you are agreeing to be legally bound by these terms as modified from time to time (“Terms”).
1. Use of Website
The Website is owned and operated by Think Dog Ltd. Think Dog Ltd (previously known as Alpha Education) reserves the right to suspend or terminate access to the Website at any time, with or without notice or explanation.
All intellectual property rights, including copyright, in the content accessible (or available for download) on the Website, including text, pictures, graphics, video, audio material, software or any other form (“Content”) belong to Think Dog Ltd. All rights are hereby reserved.
3. Use of Content
The Website and the Content may only be used for your personal, non-commercial use.
For this purpose alone you may retrieve and display the Content on a computer screen. You may also print out one copy of individual files on paper, but not store on any server or use on any other storage device connected to a network where the content could be accessed by other users.
Except as set out above, you agree not to download, copy, reproduce, modify, store, archive, show in public, redistribute or commercially exploit in any way any part of the Content without the prior written permission of Think Dog Ltd. You agree not to use the Content or the Website for any illegal or improper purpose, nor for any purpose which might infringe the rights of others, or which might harass or cause inconvenience or distress to any person.
You also agree to abide by all copyright notices and restrictions attached to the Content and not to remove any such notice or restriction, or alter the Content in any way.
If you wish to re-publish, re-distribute or exploit the Content in any way you should address a request for permission via www.thinkdog.org. Think Dog Ltd cannot guarantee that any such permission would be forthcoming or on what terms.
4. Links from other sites
We sometimes consider third parties links. A third party must ensure that nothing on its own web site suggests or could be understood to imply that any part of the Website is part of its own web site unless the third party has obtained the prior written approval of Think Dog Ltd.
Think Dog Ltd cannot be held responsible in any way for the content, operation or availability of third party websites.
Think Dog Ltd reserves the right to withdraw any permission without explanation or notice if in its sole judgement use of such links is excessive or inappropriate. Think Dog Ltd also reserves the right to change the location and nature of files within the Website without explanation or notice; it is the responsibility of the third party to check and update links.
Third parties must not deep-link to, or frame or use other techniques to enclose any part of the Website.
5. Limitation of liability and indemnity
Think Dog Ltd obtains the Content from a range of sources and the Content includes facts, views, opinions and information which may be of interest to users of the Website.
While all reasonable care is taken, we do not warrant the accuracy, completeness, timeliness, performance or fitness for any particular purpose of the Content or the Website, nor do we endorse or accept any responsibility for any views, advice, recommendations or opinions expressed on the Website or any website to which we link.
The Content should only be used for your general information and use and not by way of specific recommendation or advice.
Before taking any action or decision based in whole or in part on the Content, you should always make your own independent checks of any information that is important in making such decision or taking such action. You should also seek professional advice in appropriate circumstances.
Think Dog Ltd does not give any warranties in respect of the Content or the Website, freedom from viruses or other contamination, or that the Website is compatible with any computer systems, software and browsers.
All implied warranties or duties are excluded save if and to the extent that they may not lawfully be excluded.
Think Dog Ltd, shall not be liable for any claims, losses, injuries, penalties, damages, costs or expenses arising from the use of, or inability to use the Website or Content or from any action taken, or omitted to be taken, as a result of using the Website or Content.
6. Submission of content to the Website
If you submit any material to this Website (including without limitation any text, graphics, pictures, video or audio) you agree thereby to grant Think Dog Ltd a non-exclusive, perpetual, royalty-free, sub-licensable right and license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform, play, and exercise all copyright and publicity rights with respect to any such work worldwide and/or to incorporate it in other works in any media now known or later developed for the full term of any rights that may exist in such content.
If you do not wish to grant such rights to Think Dog Ltd, you should not submit a contribution to the Website.
7. Changes to these Terms
8. English Law
By accessing the Website you agree to accept that these Terms are governed by and construed in accordance with the laws of England. You also accept the exclusive jurisdiction of the English Courts in relation to any dispute that may arise in connection with these Terms or your use of the Website or arising in any way from the Content.
STANDARD TERMS AND CONDITIONS FOR SUPPLY OF GOODS AND SERVICES OF THINK DOG LTD
In this document the following words shall have the following meanings:
1.1 “Agreement” means these Terms and Conditions together with the terms of any applicable Specification Document;
1.2 “Customer” means the organisation or person who purchases goods and services from Think Dog Ltd;
1.3 “Delegate” means the organisation or person who purchases goods and services from Think Dog Ltd;
1.4 “Intellectual Property Rights” means all patents, registered and unregistered designs, copyright, trade marks, know-how and all other forms of intellectual property wherever in the world enforceable;
1.5 “Specification Document” means a statement of work, quotation or other similar document describing the goods and services to be provided by the supplier;
1.6 “Supplier” means Think Dog Ltd (Think Dog Ltd).
2.1 These Terms and Conditions shall apply to all contracts for the supply of goods and services by the Think Dog Ltd to the Customer.
3. PRICE AND PAYMENT
3.1 We are not liable to refund fee differences that may arise due to customers purchasing at different times, discounts etc.
3.2 Invoiced amounts shall be due and payable within 30 days of receipt of invoice or payment schedule. Think Dog Ltd is entitled to charge interest on overdue invoices from the date when payment becomes due at the rate of 1% per annum above the base rate of the Bank of England.
3.3 Should a purchase order be required for payment of an invoice, it is the delegate’s responsibility to ensure Think Dog Ltd has the full details and agreed purchase order before the products or services are supplied.
3.4 For online programmes there are no refunds available.
3.5 Access to the online programmes will only be secured when full payment has been received.
3.6 Full payment for all programmes must be received prior to programme commencement unless a payment plan has been arranged and agreed and set up with Think Dog Ltd.
3.7 All programme fees are non refundable.
4.1 For the avoidance of doubt, no description, specification or illustration contained in any product pamphlet or other sales or marketing literature of Think Dog Ltd and no representation written or oral, correspondence or statement shall form part of the contract.
4.2 No unauthorised use of the Think Dog Ltd logo is permitted at anytime.
5. DELIVERY AND PROGRAMME INFORMATION
5.1 The times of delivery specified by Think Dog Ltd is an estimate only. Time for delivery shall not be of the essence of the contract and Think Dog Ltd shall not be liable for any loss, costs, damages, charges or expenses caused directly or indirectly by any delay in the delivery of the online programme(s) or postal problems.
5.2 If you have any reason to not be happy with any part of an Think Dog Ltd programme please email email@example.com. We want all our learners to have the best possible educational experience and will endeavour to help.
5.3 All programmes are as advertised via the Think Dog Ltd website plus additional marketing materials; we do reserve the right to upgrade the programme in any way to enhance your learning.
6. CUSTOMER’S OBLIGATIONS
6.1 To enable Think Dog Ltd to perform its obligations under this Agreement the Customer shall:
6.2 co-operate with Think Dog Ltd;
6.3 provide Think Dog Ltd with any information reasonably required;
6.4 In the event that the Customer or any third party, not being a sub-contractor of the Think Dog Ltd shall omit or commit anything which prevents or delays Think Dog Ltd from undertaking or complying with any of its obligations under this Agreement, then Think Dog Ltd shall notify the Customer as soon as possible and:
6.5 Think Dog Ltd shall have no liability in respect of any delay to the completion of any project;
6.6 if applicable, the timetable for the programme will be modified accordingly;
6.7 Think Dog Ltd shall notify the Customer at the same time if it intends to make any claim for additional costs.
7. ALTERATIONS TO THE SPECIFICATION DOCUMENT
7.1 The parties may at any time mutually agree upon and execute new Specification Documents. Any alterations in the scope of the programmes to be provided under this Agreement shall be set out in the Specification Document, which shall reflect the changed goods and/or services and price and any other terms agreed between the parties.
8. LIMITATION OF LIABILITY
8.1 Except in respect of death or personal injury due to negligence for which no limit applies, the entire liability of Think Dog Ltd to the Customer in respect of any claim whatsoever or breach of this Agreement, whether or not arising out of negligence, shall be limited to the price paid by the Customer to which the claim relates.
8.2 In no event shall Think Dog Ltd be liable to the Customer for any loss of business, loss of opportunity or loss of profits or for any other indirect or consequential loss or damage whatsoever. This shall apply even where such a loss was reasonably foreseeable or the Supplier had been made aware of the possibility of the Customer incurring such a loss.
8.3 Nothing in these Terms and Conditions shall exclude or limit Think Dog Ltd’s liability for death or personal injury resulting from Think Dog Ltd negligence or that of its employees, agents or sub-contractors.
9. INTELLECTUAL PROPERTY RIGHTS
All Intellectual Property Rights produced from or arising as a result of the performance of this Agreement shall, so far as not already vested, become the absolute property of Think Dog Ltd, and the Customer shall do all that is reasonable necessary to ensure that such rights vest in Think Dog Ltd by the execution of appropriate instruments or the making of agreements with third parties.
9.1 Course materials, including notes, DVDs, and any other resources available online or offline, are the absolute property of Think Dog Ltd and Sarah Whitehead, and as such shall not be copied in any form, electronic or otherwise, distributed in any way to any third party, published, or re-sold, with no exceptions. Students or visitors are not permitted to record, or photograph any part of any courses or events.
9.2 Think Dog Ltd reserves the right to record, film or photograph at events and courses and use the material in subsequent events or courses or form marketing purposes. Students who wish not to be included in such recordings should express this prior to the start of the event or course.
9.3 No other recordings – audio or visual, or photos are permitted at any event, seminar, or Masterclass.
10. INDEPENDENT CONTRACTORS
Think Dog Ltd and the Customer are contractors independent of each other, and neither has the authority to bind the other to any third party or act in any way as the representative of the other, unless otherwise expressly agreed to in writing by both parties. Think Dog Ltd may, in addition to its own employees, engage sub-contractors to provide all or part of the services being provided to the Customer and such engagement shall not relieve Think Dog Ltd of its obligations under this Agreement or any applicable Specification Document.
The Customer shall not be entitled to assign its rights or obligations or delegate its duties under this Agreement without the prior written consent of Think Dog Ltd.
The failure by either party to enforce at any time or for any period any one or more of the Terms and Conditions herein shall not be a waiver of them or of the right at anytime subsequently to enforce all Terms and Conditions of this Agreement.
Any notice to be given by either party to the other may be served by email, personal service or by post to the address of the other party given in the Specification Document or such other address as such party may from time to time have communicated to the other in writing, and if sent by email shall unless the contrary is proved be deemed to be received on the day it was sent, if given by letter shall be deemed to have been served at the time at which the letter was delivered personally or if sent by post shall be deemed to have been delivered in the ordinary course of post.
14. ENTIRE AGREEMENT
This Agreement contains the entire agreement between the parties relating to the subject matter and supersedes any previous agreements, arrangements, undertakings or proposals, oral or written. Unless expressly provided elsewhere in this Agreement, this Agreement may be varied only by a document signed by both parties.
15. NO THIRD PARTIES
Nothing in this Agreement is intended to, nor shall it confer any rights on a third party.
16. GOVERNING LAW AND JURISDICTION
This Agreement shall be governed by and construed in accordance with the English law and the parties hereby submit to the exclusive jurisdiction of the English courts.
17. CONTENT; COPYRIGHT AND TRADEMARK NOTICE
All media (downloaded or samples), software, text, images, graphics, user interfaces, music, videos, photographs, trademarks, logos, artwork and other content on the Site or included in course materials or resources (collectively, “Content”), including but not limited to the design, selection, arrangement, and coordination of such Content is owned or licensed by or to Think Dog Ltd, and is protected by copyright, trade dress, and trademark laws, and various other intellectual property rights laws. Except as expressly provided in this Terms & Conditions, no part of the Site and no Content may be reproduced, recorded, re-transmitted, sold, rented, broadcast, distributed, published, uploaded, posted, publicly displayed, altered to make new works, performed, digitized, compiled, translated or transmitted in any way to any other computer, website or other medium or for any commercial purpose, without Think Dog Ltd prior express written consent. Except as expressly provided herein, you are not granted any rights or license to patents, copyrights, trade secrets, rights of publicity or trademarks with respect to any of the Content, and Think Dog Ltd reserves all rights not expressly granted hereunder. Think Dog Ltd expressly disclaims all responsibility and liability for uses by you of any Content obtained on or in connection with the Site.
18. REGISTRATION; CUSTOMER ACCOUNTS; USE OF SITE Certain services offered on or through the Site require you to first open an Account. You are responsible for maintaining the confidentiality of your Account information, including your password, and for all activity that occurs under your account. You agree to notify Think Dog Ltd immediately of any unauthorized use of your account or password, or any other breach of security. You may be held liable for losses incurred by Think Dog Ltd or any other user of the Site due to someone else using your password or customer account. You may not use anyone else’s password or customer account at any time. You may not attempt to gain unauthorized access to the Site. Should you attempt to do so, assist others in making such attempts, or distributing instructions, software or tools for that purpose, then your customer account will be terminated. You agree to provide us with accurate, current and complete information about yourself and your billing information as prompted by the registration process. You may update any of your account information by logging in and selecting the appropriate link. You may not use any automatic device, program, algorithm or methodology, or any similar or equivalent manual process, to access, acquire, copy, probe, test or monitor any portion of the Site or any Content, or in any way reproduce or circumvent the navigational structure or presentation of the Site or any Content, to obtain or attempt to obtain any materials, documents or information through any means not purposely made available through the Site. You agree that you will not take any action that imposes an unreasonable or disproportionately large load on the infrastructure of the Site or any of the systems or networks comprising or connected to the Site.
You also agree that Think Dog Ltd may, in its sole discretion and without prior notice to you, terminate your access to the Site and your Account for any reason, including without limitation: (1) attempts to gain unauthorised access to the Site or assistance to others’ attempting to do so, (2) overcoming software security features limiting use of or protecting any Content, (3) discontinuance or material modification of the Site or any service offered on or through the Site, (4) violations of these Terms & Conditions, (5) failure to pay for purchases, (6) suspected or actual copyright infringement, (7) unexpected operational difficulties, or (8) requests by law enforcement or other government agencies. You agree that Think Dog Ltd will not be liable to you or to any third party for termination of your access to the Site.
19. CONSENT TO COLLECTION, USE & DISCLOSURE OF YOUR PERSONAL INFORMATION
While Think Dog Ltd takes reasonable steps to safeguard and to prevent unauthorized access to your personal information, we cannot be responsible for the acts of those who gain unauthorized access, and we make no warranty, express, implied, or otherwise, that we will prevent unauthorized access to your private information. IN NO EVENT SHALL THINK DOG LTD BE LIABLE FOR ANY DAMAGES (WHETHER CONSEQUENTIAL, DIRECT, INCIDENTAL, INDIRECT, PUNITIVE, SPECIAL OR OTHERWISE) ARISING OUT OF, OR IN ANY WAY CONNECTED WITH, A THIRD PARTY’S UNAUTHORIZED ACCESS TO YOUR PERSONAL INFORMATION, REGARDLESS OF WHETHER SUCH DAMAGES ARE BASED ON CONTRACT, STRICT LIABILITY, TORT OR OTHER THEORIES OF LIABILITY, AND ALSO REGARDLESS OF WHETHER NET EXPOSURE, INC WAS GIVEN ACTUAL OR CONSTRUCTIVE NOTICE THAT DAMAGES WERE POSSIBLE.
20. CONSENT TO OUR COMMUNICATION WITH YOU BY E-MAIL
By establishing an Account with us, and each time you make a purchase through our Site, you grant permission for Think Dog Ltd to contact you at your e-mail address. To stop receiving our marketing emails, send an e-mail to us at firstname.lastname@example.org.
Think Dog Ltd is not responsible for the contents or reliability of any other websites to which we provide a link. We cannot guarantee that these links will work at all times and have no control over the availability of the linked pages.