Terms and Conditions – Nina Fotara T/as Confident Canine® [Service address: Carriage House, Hackmans Lane, Purleigh, Essex, UK]” www.holisticdog.uk terms.
Payment and Access
You will be charged immediately upon completing your purchase. Access to digital products is granted automatically, which means your right to cancel ends once you access any part of the digital content (see clause 7.2.2).
1. Application of Terms and Conditions
1.1. These terms and conditions ("Terms") apply to The Holistic Dog® Membership ("Membership"), individual purchases of courses, masterminds, workshops, PDFs, audio content, videos, and all other digital products operated by Nina Fotara T/as Confident Canine® ("we" or "us"). By applying to be a member or purchasing any individual product, you agree to these Terms, which prevail over any inconsistent terms or conditions contained elsewhere.
1.2. These Terms should be read in conjunction with our Website Terms of Use, Privacy Policy, and Acceptable Use Policy. We collect and process personal data in accordance with the UK GDPR and our Privacy Policy, available at www.holisticdog.uk/privacy.
1.2A Product-Specific Terms
Certain digital products, including but not limited to digital card decks, may be subject to additional product-specific licence terms or terms of use (“Product Terms”). Where applicable, these Product Terms will be made available at the point of purchase and/or within the relevant product platform. By purchasing or accessing such products, you agree to be bound by those Product Terms in addition to these Terms. In the event of any inconsistency, the Product Terms shall prevail in relation to the specific product concerned.
1.3. Any content posted or submitted by you to our site [or to our Facebook Group] in the course of your Membership or participation in any programme is subject at all times to the Acceptable Use Policy.
1.4. Where you are a corporate entity, "you" as used in these Terms shall be deemed to include your officers and employees, and you shall procure that such officers and employees fully comply with these Terms.
1.5. The agreement is between us and you, the person or entity registering for a membership or purchasing a digital product ("you"), which is subject to these Terms ("Contract"). The Contract comes into effect upon our confirmation of acceptance via email.
1.6. If you are purchasing online, the order process will be as follows:
· Add the membership or product to the cart and proceed to checkout.
· Make payment as directed.
· We will send you an email confirming your order and, where applicable, access details.
· If you make an error in your order, you may email us at [email protected] to correct any errors.
1.7. You should print a copy of these Terms for your records. We may update these Terms periodically, and continued participation in the Membership or purchase of services constitutes acceptance of any changes.
1.8. Automatic Renewals & Cancellations: Membership renewals occur automatically to ensure uninterrupted access. You can cancel any time before your next billing date via your account or by contacting us at [email protected]. Once a renewal payment is processed, it is non-refundable, regardless of whether the membership or content has been accessed.
1.9 Gift Vouchers
1.9.1. From time to time, we may offer digital gift vouchers for specific Confident Canine® products or services. Gift vouchers are issued for the specific product, programme, or membership stated at the time of purchase and may not be exchanged for alternative offerings unless expressly agreed by us in writing.
1.9.2. Gift vouchers are valid for 12 months from the date of purchase, unless otherwise stated. Any unused voucher or remaining balance after the expiry date will be forfeited.
1.9.3. Gift vouchers are non-refundable in all circumstances, except where a refund is required by law. Gift vouchers have no cash value and cannot be exchanged for money.
1.9.4. Gift vouchers are non-transferable and may not be resold. Where a voucher is purchased as a gift, it is intended for use by the named recipient only and may not be reassigned without our prior written consent.
1.9.5. Gift vouchers are single-purpose vouchers, redeemable only against the specific product, programme, or membership stated at the time of purchase. They may not be used as general credit and may not be applied to other services unless expressly stated.
1.9.6. The value of a gift voucher is fixed at the time of purchase. If the price of the relevant product or service increases after purchase, no additional payment will be required, provided the voucher is redeemed within its validity period.
1.9.7. The purchase of a gift voucher does not constitute access to digital content or services. Access is granted only when the voucher is redeemed, at which point the relevant terms relating to digital content, memberships, or services will apply.
2. Membership Details
2.1. Membership levels include free and paid options. Free members gain access to the community but have limited resources. Paid members gain full access to membership content.
2.2. We may refuse membership or access to any person or entity at our discretion and are not obliged to provide reasons for refusal.
2.3. Memberships and individual purchases continue unless terminated by either party in accordance with Clause 7.
2.4. User Account Security: You agree to keep user details and passwords confidential and notify us immediately if unauthorized use is suspected. You shall indemnify us against claims, damages, losses, costs, or expenses arising from unauthorized account use.
2.4.1. Passwords for individual digital products, including digital card decks, may be provided separately from your membership login. These product-specific passwords must be kept strictly confidential and must not be shared, distributed, posted publicly, or forwarded to any third party. Any sharing of product passwords or access links constitutes a breach of these Terms and may result in immediate revocation of access without refund.
2.5. Third-Party Hosting: Content is hosted on third-party secure servers. While we take all reasonable steps to ensure content availability, we are not liable for unavailability, corruption, deletion, or storage failures.
2.6. Community Guidelines: Members may only communicate within the community for engagement purposes. Unsolicited promotion of goods, services, or competing training methods is prohibited.
2.7. Membership Content Includes:
· Community access
· Digital downloads (PDFs, videos, audio materials)
· Courses and workshops
· Live training sessions (where applicable)
2.8. Device & Software Requirements: Any digital materials require:
· A PDF viewer
· A video/audio player
· An internet-enabled device for full access
2.9. General Advice Only: Training and behaviour guidance provided in the Membership does not constitute personalised advice. Additional tailored services are available separately.
3. Programme, Courses, and Membership Content
3.1. The Membership may include access to:
· Programmes, courses, masterminds, workshops, digital resources
· Some offerings may also be available for individual purchase
3.2. Full details are available on https://www.holisticdog.uk or within the platform.
3.3. Delivery Methods:
· Live sessions (webinars, coaching calls, Q&As)
· Pre-recorded videos and audio
· PDFs, workbooks, and guides
· Community discussions
· Assignments or exercises
3.4. Live Sessions & Replays:
· If you miss a live session, a replay may be provided but availability is not guaranteed.
· No refunds will be issued for missed live sessions.
3.5. Access to Content:
· Membership content is available as long as you are an active paying member.
· Purchased courses may have lifetime or limited-time access, as stated at purchase.
3.5.1. Certain digital products, including digital card decks, may be provided in formats where downloading, copying, printing, screenshotting, or screen-recording is restricted or disabled to protect intellectual property. You agree not to attempt to bypass or override these protections, including attempts to extract images, download pages, save files, or capture high-resolution screenshots or screen recordings.
3.5.2. You may print single pages or cards for your own personal use where printing is enabled. You may not print multiple copies, distribute printed versions, or reproduce physical copies for others.
3.6. Updates & Changes:
· We may update, modify, or remove content to maintain relevance.
· Significant changes will be communicated via email or within the platform.
3.7. Changes & Discontinuation:
· We reserve the right to discontinue any programme, course, or membership at any time.
· If a service is discontinued, we will provide at least 30 days' notice.
· If a service is discontinued, we will always do our best to provide notice and guidance on next steps, though refunds are not applicable.
3.8. Lifetime Access Definition:
· "Lifetime" refers to the lifetime of the product or service, not the purchaser's lifetime.
· If a programme or course is discontinued, 30 days’ notice will be provided.
4. Feedback, Testimonials & Publicity
4.1. Use of Feedback & Testimonials:
· By submitting feedback, testimonials, or sharing experiences, you grant Nina Fotara T/as Confident Canine® a non-exclusive, royalty-free, worldwide license to use this content in marketing, promotional materials, and on social media.
4.2. Edits & Accuracy:
· We will never misrepresent or alter testimonials beyond minor edits for clarity.
4.3. Revoking Permission:
· You may request the removal of your testimonial by emailing [email protected]. Requests will be processed within 30 days.
5. Liability & Trainer Disclaimer
5.1. No Guarantees:
· We do not guarantee specific results from training, behaviour advice, or digital content.
5.2. Extreme Cases & Injury Disclaimer:
· Training carries inherent risks. While every effort is made to ensure exercises are safe and supportive, participation is at your discretion and your dog’s wellbeing remains your responsibility.
· You assume full responsibility for your dog's behaviour before, during, and after training.
5.3. Platform Liability:
· We are not liable for disruptions or data loss due to third-party hosting platforms.
· Users are responsible for ensuring they have necessary devices and software.
6. Intellectual Property
6.1. Ownership of Materials
All content, materials, videos, and exercises provided in programmes, courses, communities, and memberships remain the intellectual property of Nina Fotara T/as Confident Canine®. Nothing in these Terms transfers ownership of any intellectual property to you or any third party.
6.2. Restrictions on Use
You may not:
· Copy, reproduce, modify, publish, or distribute any materials in any form.
· Share, sell, or make available the materials to any third party.
· Use the materials for commercial or business purposes, including creating derivative works.
6.3. Limited Licence
We grant you a limited, non-exclusive, non-transferable, non-sub-licensable, revocable licence to use the materials only for personal use within the Membership or course. Any other use requires explicit written consent.
6.3A. You must not reverse-engineer, trace, replicate, modify, adapt, recreate, or derive new artworks, products, or commercial offerings from any digital product, including digital card decks, whether in whole or in part. This applies to both physical and digital reproductions.
6.4. Trademarks & Branding
You may not:
· Use our logo, brand name, or any trademarked terms without prior written consent.
· Imply that you are endorsed, certified, or affiliated with us without permission.
6.5. Recording & Reproductions
You may not:
· Make audio or visual recordings of any Membership content, live sessions, or courses without written consent.
· Distribute, republish, or reuse recorded materials provided within the Membership.
6.5.1. This restriction includes screenshots, screen captures, screen recordings, or any other digital reproduction of materials where such reproduction results in copies that can be shared, downloaded, or distributed to others.
6.6. Our Right to Record
We may record sessions, events, or courses for training, marketing, or educational purposes. By attending, you consent to the use of your image, voice, and contributions in any such recordings without compensation.
6.7. Public Domain Content
You acknowledge that some concepts, techniques, or general knowledge within the materials may already exist in the public domain. However, the presentation, structure, and unique application of these ideas within our training remain our intellectual property.
6.8. Protection of Proprietary Methods & Concepts
You acknowledge that:
· Our teaching methods, exercises, and membership structure are proprietary.
· You shall not copy, adapt, or use them to create a competing service, programme, or product.
6.9. Survival of Rights
The intellectual property clauses remain in effect even after your Membership ends.
6.10. Protection of Holistic and Energetic Frameworks
You acknowledge that proprietary frameworks including, but not limited to, Canine EASE™, Elemental Archetypes™, Guardian Elementals™, and The 13-Moon Method™ are original intellectual property owned by Nina Fotara T/as Confident Canine®®. These materials, methods, and energetic concepts are protected under copyright and trademark law. Any unauthorised use, reproduction, adaptation, or teaching of these frameworks, whether in full or in part, is strictly prohibited. These protections apply in addition to the rights outlined in clauses 6.1 to 6.9 and remain in force after termination.
7. Term and Termination
7.1. Contract Duration & Continuation
The Contract shall continue until your membership expires or is terminated under these Terms. Specific clauses, including those related to intellectual property, outstanding payments, and liability, will survive termination.
7.2. Consumer Rights & Cooling-Off Period
If you are purchasing the Membership as a consumer under the Consumer Contracts (Information, Cancellation, and Additional Charges) Regulations 2013, you have:
· 7.2.1. 14-Day Cooling-Off Period
You have the right to cancel this agreement within 14 days of signing up by emailing [email protected] or submitting a cancellation request. If you cancel within this period, you will be fully refunded within 14 days of us receiving your request.
· 7.2.2. Exceptions to Cancellation Rights
You waive your right to cancel if:
o You access any digital content (e.g., courses, PDFs, videos, audio) before the end of the 14-day period.
o The service (e.g., live coaching, interactive sessions, consultations) has already been delivered in full.
o You attended a live event, workshop, or booked a session within the 14-day period.
· 7.2.3. Partial Refunds for Services Already Delivered
If you cancel within the 14-day period but have already accessed some services, a proportional deduction will be applied based on what has been provided before your cancellation request.
7.3. Cancellation After the Initial Term
If you are not purchasing as a consumer, the above provisions do not apply. After any minimum contract term (as stated on your order form) expires:
· You may cancel at any time by emailing [email protected].
· No refunds will be issued once payments have been processed.
· If you have a recurring payment, you must cancel before the next billing cycle to avoid charges.
All digital content purchases made for business purposes are non-refundable once access has been granted, regardless of usage.
7.4. Automatic Renewal & Responsibility for Cancellation
· Memberships automatically renew unless cancelled before the next billing date.
· We may send renewal reminders, but it is your responsibility to cancel before renewal.
· If payment is processed due to failure to cancel, it is non-refundable, regardless of usage.
7.5. Grounds for Immediate Termination
Either party may terminate the Contract immediately if:
· 7.5.1. Breach of Terms: You violate these Terms in a serious or repeated manner.
· 7.5.2. Insolvency: Either party becomes insolvent, bankrupt, enters liquidation, or is placed under administration.
· 7.5.3. Fraudulent or Harmful Conduct: You engage in fraud, dishonesty, harassment, or behaviour that damages the reputation of Nina Fotara T/as Confident Canine®.
7.5.1A. Where digital products are accessed using shared, leaked, distributed, or publicly posted access links or passwords, we reserve the right to revoke access to the product or platform immediately without refund.
7.6. Financial Obligations Upon Termination
· If your membership is terminated, you must immediately pay any unpaid fees.
· If you are on an instalment plan, you are still responsible for all outstanding payments, regardless of termination timing.
7.7. Effect of Termination on Access
· Upon termination, all access to membership content, digital materials, and community platforms will be revoked immediately.
· You may not download, share, or retain any proprietary content after termination.
7.8. Enforcement Delays
If we do not immediately enforce our right to terminate, this does not mean we waive our right to do so later.
7.9. Clauses That Survive Termination
The following clauses remain enforceable after termination:
· Intellectual Property Rights
· Outstanding Payments & Fees
· Liability & Indemnity
7.10. Definition of "Lifetime Access"
· "Lifetime access" refers to the lifetime of the platform or programme, not the lifetime of the purchaser.
· If a programme or platform is discontinued, lifetime access will end with no refund owed.
7.11. Expiry as Termination
When the Contract expires, it is treated as a termination under these Terms.
8. Liability
8.1. Limitations of Liability
We hold full professional indemnity and public liability insurance appropriate to our services. We are not liable for:
· Loss of profits, business, anticipated savings, goodwill, or reputation
· Loss, corruption, or damage to data, digital content, or software
· Loss of contracts, goods, or materials
· Special, indirect, incidental, or consequential losses
· Pure economic losses, expenses, damages, or claims
8.2. Maximum Liability
Our total liability under this Contract shall not exceed the amount paid by you for the Membership or product.
8.3. Events Beyond Our Control
We are not responsible for delays, disruptions, or failures caused by:
· Force majeure events (e.g., natural disasters, pandemics, government actions)
· Technical failures (e.g., hosting platform outages, payment processing issues)
· Your actions or failure to follow provided guidance
8.4. Changes to Membership & Services
We reserve the right to make necessary changes to:
· Membership structure, content, and materials
· Live session schedules, trainers, or guest experts
· The technology used for course delivery
We will notify members of significant changes, but no refunds will be issued due to such adjustments.
8.5. Third-Party Services & Platform Liability
· We do not control third-party tools (e.g., EzyCourse, Stripe, Flodesk) and are not responsible for disruptions, security breaches, or privacy issues.
· You are responsible for ensuring your devices and software are suitable for accessing content.
8.6. Digital Content & Security Disclaimer
· We take reasonable steps to ensure our downloads, PDFs, videos, and digital resources are free from malware, but we cannot guarantee absolute security.
· You are responsible for keeping your devices and data secure before accessing content.
8.7. Legal Disclaimers & Indemnity
By using our services, you acknowledge that:
· Our training and behaviour advice does not replace veterinary care.
· We do not guarantee specific results from any programme, as outcomes depend on various factors.
· You assume full responsibility for your dog's actions before, during, and after training.
· You release us from all legal claims related to the application of our training techniques or advice.
8.8. Survival of Terms
All liability and indemnity provisions remain in force after termination.
8.9. Entire Agreement & Acknowledgment
You acknowledge and agree that:
· This Contract supersedes any prior agreements.
· You have not relied on any statements outside of what is written in this Contract.
9. General
9.1. Membership Eligibility & Accuracy of Information
By applying for Membership, you warrant that:
· You are at least 18 years old and legally capable of entering into a contract.
· The information you provide is true, accurate, and not misleading.
9.2. Transfer of Rights & Obligations
· You may not transfer any of your rights under these Terms without our written consent.
· We may assign our rights under these Terms at any time.
9.3. Notices & Communication
· Notices must be sent to [email protected].
· Notices will be deemed received 24 hours after an email is sent or two days after posting via pre-paid first-class mail.
9.4. Severability
If any provision is invalid or unenforceable, the remaining Terms continue in full force.
9.5. Waiver
Failure to enforce any part of these Terms does not mean we waive our rights.
9.6. Updates to Terms
We may modify these Terms periodically. Continued use constitutes acceptance.
9.7. We reserve the right to pursue legal action, including claims for damages, injunctions, or recovery of losses, in the event of unauthorised sharing, distribution, reproduction, resale, or misuse of our digital products, including digital card decks, whether in physical or digital form.
9.8. Governing Law & Jurisdiction
These Terms are governed by English law, and any disputes fall under the exclusive jurisdiction of the English courts. If you require this document in an alternative format for accessibility reasons, please contact [email protected]