BARC FOR PETS PTY LTD SERVICE TERMS AND CONDITIONS.
In requesting your dog be accepted into any of Barc for Pets Pty Ltd’s (ABN 49 624 919 937) (Barc, we, us and our) Services, you understand and agree to the following:
1. About these Terms
(a) These terms and conditions (Terms) apply to every person who uses and accesses Barc’s Services.
(c) If you do not agree to these Terms, do not use Barc’s Services.
2. Access/Use Implies Agreement
Please read these Terms carefully. By using Barc’s Services, you are signifying that you agree to be bound by these Terms.
3. Modifications to Terms
(a) Barc reserves the right to revise and update these Terms at any time, without notice to you. Your continued usage of Barc’s Services following any changes to these Terms means you accept those changes.
(b) It is your responsibility to regularly check this Site to determine whether these Terms have been updated.
(c) If you do not agree to any change to these Terms, then do not continue to use Barc’s Services.
4. Health and vaccinations
(a) Your dog must be in good general health and free from communicable diseases. Prior to the commencement of Barc’s Services, you must provide documented evidence of your dog current C5 vaccinations (including Kennel Cough component) in order for your dog to attend any of Barc’s Services. C5 certification can be provided by your veterinarian.
(b) You must immediately inform Barc if your dog has been infected with any communicable diseases.
(c) Your dog must be on a current flea prevention program.
(d) Barc reserves the right to refuse services to your dog if your dog shows signs of illness or fleas.
(e) When completing Barc’s online booking registration, you will do so to the best of your knowledge and will notify Barc immediately of any changes to the information you have provided.
(a) You must inform Barc of any known behavioural problems that your dog may have, including, but not limited to, excessive barking, dominance and mounting. You agree for Barc to use safe and harmless corrective methods such as verbal commands, water spray and timeout rooms if required to reprimand your dog’s adverse behaviour.
(b) All dogs at Barc must be neutered or spayed (over the age of 6 months), well-socialised and friendly to not only other dogs but also people. Any dog found to be aggressive will not be accommodated at Barc. Any behaviour deemed dangerous or inappropriate at Barc may result in your dog’s removal from Barc.
(c) Barc reserves the right to refuse to transport or handle any dog that, in Barc’s absolute sole discretion, Barc considers unfit to accommodate, travel, a danger to any other person, animal or employee, contractor or agent of Barc. If Barc refuses to accommodate or transport your dog, Barc will not be liable for any loss, cost or inconvenience caused to you as a result of refusing to accommodate or transport your dog.
(a) All dogs must approach, enter and leave Barc on a lead at all times. All dogs must wear a collar with appropriate ID tag at all times whilst arriving, leaving and attending Services at Barc.
(b) Where you have arranged for your dog to be collected from your home by Barc, your dog must have its harness and collar on prior to Barc’s collection.
(c) Barc is a cage free environment that allows dogs to interact and play directly with one another off leash under supervision. Every dog reacts differently and animals, by nature can be unpredictable and therefore present a certain level of risk. You acknowledge and understand that there are certain risks involved in attending Barc’s Services, including but not limited to injuries to people, property and animals. You accept all reasonable risk of injury or illness to people or your dog that may occur whilst your dog attends Barc’s Services.
You accept that you must pre-book your dog’s attendance at Barc by 5.00pm the previous day. You understand that a “no show” or cancellation without providing Barc with 24 hours’ notice may incur a $15 charge.
8. Operating Hours
(a) Doggie day care:
(i) You acknowledge and accept that Barc’s doggie day care operating hours are from 9:00am to 5:30pm. If you do not pick up your dog by 5:30pm you will be charged a late fee in the sum of $15.00 for every 60 minutes or part thereof after 5:30pm that your dog is not collected. If your dog has not been collected by 7:30pm, overnight accommodation will be arranged, and you will be you will be required to pay a fee equivalent to an overnight accommodation rate at Barc.
(b) Dog minding:
(i) You acknowledge and accept that Barc’s dog minding standard check out time is 10:00am. If you fail to collect your dog by 10:00am, you will be required to pay a fee equivalent to an additional overnight accommodation rate at Barc.
(c) Pick up and drop off times
(i) You acknowledge and accept that pick up and drop off times are subject to change and may vary where you have instructed Barc to pick up or drop off your dog before or after attending a Barc Service. Barc will endeavour to provide you with advance notice of a timeframe as to when Barc will be available to either collect or return your dog.
(a) In the event that you have instructed Barc to feed your dog, you acknowledge and accept that Barc is not responsible if your dog has an adverse reaction (such as choking or an allergic reaction) to the food that Barc feeds your dog.
(b) It is your responsibility to determine whether the food Barc uses to feed your dog is suitable for your dog.
(c) Barc reserves the right to update the type of food it uses to feed your dog whilst your dog is in Barc’s care, at any time.
(d) You must provide Barc with prior written notice if your dog has any known allergies or specific dietary requirements.
(a) If your dog requires any medication for any condition, you must supply the medications with specific written dosage instructions, in addition to this, a medicinal authorisation form is to be signed by both Parties.
(b) You will be charged $5.00 each time Barc is required to administer your dog’s medication.
(c) Whilst all care will be taken, and all reasonable assistance given, it should be noted that the responsibility for supply, storage and administering of any and all medication does not rest with Barc. Accordingly, Barc accepts no liability for supplying and/or administering medicines/medication to your dog.
11. Illness or Injury
(a) You authorise Barc to seek veterinary attention for your dog should it be considered necessary, in Barc’s absolute discretion.
(b) Barc will take all reasonable steps to contact you prior to obtaining treatment of your dog.
(c) Any veterinary costs incurred as a result of any veterinary attention required whilst your dog is in the care of Barc will be your responsibility and where possible will be billed directly to you. If Barc is invoiced by the veterinary clinic, you indemnify Barc and will pay all costs associated with you dog medical treatment immediately upon collection of your dog or otherwise on demand by Barc.
12. Adverse Weather
(a) Barc reserves the right to cancel or prematurely terminate any of its Services, without prior notice to you, in the event of adverse weather conditions such as rain, storms, thunder, lightning, extreme heat and strong winds.
(b) Where notice of adverse weather conditions is available to Barc, Barc will endeavour to provide as much notice as possible to its clients that the affected Services will be cancelled or prematurely terminated.
(a) You accept that Barc’s fees are to be paid in advance or on the day of a scheduled visit.
(b) You may be required to pay a deposit (or deposits) when booking. Barc will advise you of how much that will be. All deposits are non-refundable for changes of mind or cancellations by you (in accordance with Australian Consumer Law (ACL) practices).
(c) All prices quoted are exclusive of GST. If and when applicable, GST payable on Barc’s Services will be set out on Barc’s invoices. By accepting these Terms, you agree to pay Barc an amount equivalent to the GST imposed on such charges.
(d) A 20% surcharge applies to all public holidays.
(e) A 40% surcharge applies to all weekend overnight services.
(f) Barc’s fees are reviewed on a regular basis and are subject to change. Existing clients will be given 5 business days’ notice in writing of any changes to Barc’s fees.
(g) If bills remain unpaid for 7 days of becoming due for payment, interest may be charged on the unpaid amount at the rate of 10% per annum compounded monthly.
14. Payment Methods
(a) The following fee payment options are available at Barc:
(i) Direct bank transfer to Barc’s nominated bank account;
(ii) Credit card; and
(b) Please note, that if you opt to pay your fees with your credit card, a credit card transaction fee will be applied.
15. Recovery of Fees
Barc will take action for recovery of any outstanding fees 30 days after a tax invoice that remains unpaid has been given to you.
16. Enforcement Costs
All reasonable costs, expenses and disbursements incurred by Barc (including, but not limited to, debt recovery fees, court costs and legal costs) arising from or incidental to Barc exercising a right under these Terms, are payable by you, on demand.
Barc reserves the right to terminate the Services ordered by you, terminate your account, terminate Barc’s agreement with you at Barc’s sole discretion, without incurring any liability to you.
18. Australian Consumer Law:
(a) Legislation including the ACL in the Consumer and Competition Act 2010 (Cth), and similar consumer protection laws and regulations may confer you with rights, warranties, guarantees and remedies relating to the provision of Barc’s Services which cannot be excluded, restricted or modified (Statutory Rights).
(b) Barc’s liability is governed solely by the ACL and these Terms. To the fullest extent permitted by law, Barc excludes all express and implied warranties and conditions except for your Statutory Rights and Barc expressly disclaims all warranties of any kind.
(c) To the fullest extent permitted by law, Barc’s liability under such provisions shall be limited at Barc’s option to:
(i) Re-provide the affected service to you;
(ii) Refund the service charge for the affected service;
(iii) The payment of any amount equal to the cost of replacing any affected service.
(a) To the fullest extent permitted by law, you hereby indemnify Barc and keep Barc indemnified and held harmless from and against any liability, cost, claim, expense (including legal costs and expenses on a full indemnity basis) or any loss or damage of any other kind whatsoever including, without limitation, any material or immaterial damage in the form of personal injury, illness or death to any person or animal or damage to any property arising directly from or in direct connection with Barc’s Services and any breach or failure to perform these Terms by you.
You hereby release Barc from any liability or claim for injury or loss associated with your dog’s attendance and participation at Barc.
(a) At no time will Barc be liable or held responsible for any loss or damage of any other kind whatsoever including, without limitation, any material or immaterial damage in the form of personal injury, illness or death to any person or animal or damage to any property arising directly from or in direct connection with:
(i) Barc’s Services;
(ii) any breach or failure to perform these Terms by you;
(iii) the transport of your dog to a third party (such as a veterinarian) in the event of emergency or at your request;
(iv) your dog escaping or going missing whilst undertaking Barc’s Services.
(b) In the event that Barc is found responsible for any damages, Barc is responsible for actual damages only. In no event shall Barc be liable for any incidental, indirect, exemplary, punitive and/or consequential damages, lost profits, or damages resulting from the provision of any of Barc’s Services.
(c) You agree to co-operate with Barc (at your own expense) in the handling of disputes, complaints, investigations or litigation that arises as a result of your use of Barc’s Services.
(d) The obligations under this clause survive termination of these Terms.
Where the provision of Barc’s Services depends on you providing further information or responses, Barc has no liability for a failure to perform the Services by a previously stipulated timeframe, where the delivery of the Services is affected by your delay in response, incomplete or incorrect information.
23. Personal and Confidential Information
(a) You consent to Barc providing information, including personal information and Confidential Information, to third parties, including Barc’s agents, contractors and sub-contractors, veterinarians and solicitors who assist Barc in providing information, products and services to you.
(b) Barc agrees to use all reasonable endeavours to protect Confidential Information from any unauthorised disclosure, to only to use the Confidential Information for the purpose for which it was disclosed by you, to provide better quality services to you, and not for any other purpose.
(c) You, including your employees and contractors, agree not to disclose Confidential Information to any third party, to use all reasonable endeavours to protect Confidential Information from any unauthorised disclosure and only to use Confidential Information for the purpose for which it was disclosed and not for any other purpose.
(d) These obligations do not apply to Confidential Information that:
(i) is authorised to be disclosed;
(ii) is in the public domain and/or is no longer confidential, except as a result of breach of these Terms;
(iii) is received from a third party, except where there has been a breach of confidence; or
(iv) must be disclosed by law or by a regulatory authority including under subpoena.
(e) The obligations under this clause survive termination of these Terms.
24. Due Diligence
You must make your own enquiries into the suitability of Barc’s Services to meet your specific requirements.
25. General Privacy
26. Dispute Resolution
(a) If there is a dispute between the Parties in relation to these Terms, the Parties agree to the following dispute resolution procedure:
(i) The complainant must tell the respondent in writing, the nature of the dispute, what outcome the complainant wants and what action the complainant thinks will settle the dispute.
(ii) The Parties agree to meet in good faith to seek to resolve the dispute by agreement between them (Initial Meeting).
(iii) If the Parties cannot agree how to resolve the dispute at the Initial Meeting, either Party may refer the matter to a mediator. If the Parties cannot agree on who the mediator should be, the complainant will ask the Law Society of New South Wales to appoint a mediator. The mediator will decide the time and place for mediation. The Parties must attend the mediation in good faith, to seek to resolve the dispute. Any attempts made by the Parties to resolve a dispute pursuant to this clause are without prejudice to other rights or entitlements of the Parties under these Terms, by law or in equity.
27. Images, Recordings and Social Media
(a) You acknowledge that all photographic images or digital recordings taken of your dog together with their prints and their copyrights therein are the property of Barc. You authorise Barc to reproduce/alter the images, in print or electronic format and you waive the right to approve the finished image.
(b) Photographic images and digital recordings taken by Barc during the service can be used by Barc in social media.
(c) You consent to Barc advertising or publicly announcing that Barc has provided a service to your dog.
28. Force Majure
Barc will not be liable for any delay or failure to perform its obligations under these Terms if such delay is due to any circumstance beyond Barc’s reasonable control.
29. Feedback, Questions and Notices
Please send all feedback, questions and notices to [email protected]
(a) Barc means Barc for Pets Pty Ltd’s (ABN 49 624 919 937) its officers, employees, contractors and agents.
(b) Confidential Information includes confidential information about the business, structure, programs, processes, methods, operating procedures, activities, products and services, trade secrets, knowhow, financial, accounting, marketing and technical information, customer and supplier lists (including prospective customer and supplier information), ideas, concepts, strategy, account usernames and passwords, bank details, intellectual property, technology, and other information whether or not such information is reduced to a tangible form or marked in writing as “confidential”.
(c) Parties means you and Barc.
(d) Services means Barc’s doggy day care, dog minding, dog walking, dog adventures, dog wash, house sitting and home services or services ancillary to those listed in this clause as well those specified in any individual customer agreements or enrolment forms.
(e) Site means www.barcforpets.com.au.
(f) Terms means these service terms and conditions of Barc.
(g) You means Barc’s clients, affiliates and any other users of Barc’s Services and their officers, employees, contractors and agents.
(a) References to legislation or provisions of legislation include changes or re-enactments of the legislation and statutory instruments and regulations issued under the legislation.
(b) Words denoting the singular include the plural and vice versa, words denoting individuals or persons include bodies corporate and vice versa, references to documents or agreements also mean those documents or agreements as changed, novated or replaced, and words denoting one gender include all genders.
(c) References to a party are intended to bind their executors, administrators and permitted transferees.
If any provision of these Terms is held to be unenforceable or invalid in any jurisdiction, then it is to be interpreted as narrowly as necessary to allow it to be enforceable or valid. If a provision of these Terms cannot be interpreted as narrowly as necessary to allow it to be enforceable or valid, then the provision must be severed from these Terms and the remaining provisions of the Terms are valid and enforceable.
33. Waiver or Variation
(a) A Party’s failure or delay to exercise a power or right does not operate as a waiver of that power or right.
(b) The exercise of a power or right does not preclude:
(i) it’s future exercise; or
(ii) The existence of any other power or right.
(c) The variation or waiver of a provision of these Terms or a Party’s consent to a departure from a provision by another Party will be ineffective unless in writing and executed by both Parties.
34. Jurisdiction & Governing Law
These Terms are governed by and must be construed according to the laws of New South Wales and the Parties irrevocably and unconditionally submit to the non-exclusive jurisdiction of the courts of New South Wales.
35. Entire Agreement
These Terms make up the entire agreement between the Parties, and supersede any prior agreement, understanding or arrangement between the Parties, whether oral or in writing.