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Terms and Conditions – Nina Fotara T/as Confident Canine
www.holisticdog.uk terms

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.

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 admin@confidentcanine.co.uk 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: If you do not wish to continue with automatic renewals, it is your responsibility to cancel before the next billing cycle. Payments processed due to failure to cancel are non-refundable, regardless of whether the membership or content has been accessed.

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.

2.5. 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.

3.6. 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.
No refunds will be issued for discontinued services.

3.10. 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 admin@confidentcanine.co.uk. 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. We are not responsible for injuries or incidents that occur from applying methods taught.
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.

6.4. 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.

6.6. 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.

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 admin@confidentcanine.co.uk 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:
- You access any digital content (e.g., courses, PDFs, videos, audio) before the end of the 14-day period.
- The service (e.g., live coaching, interactive sessions, consultations) has already been delivered in full.
- 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 admin@confidentcanine.co.uk.
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.

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.

7.6. 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 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 admin@confidentcanine.co.uk.
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. Governing Law & Jurisdiction

These Terms are governed by English law, and any disputes fall under the exclusive jurisdiction of the English courts.

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