Terms & Conditions

Terms & Conditions

1. Introduction

1.1 These Business Terms and Conditions, together with the Wildlife Avoidance Assessment Form and our Privacy Policy, comprise the terms of a legal agreement between Chilled & Fulfilled Aus Pty Ltd (ACN 662 994 050) of 2/75–79 Bay Street, Brighton, Victoria 3186 (Chilled & Fulfilled, we, us or our) and the person listed in the Booking and Wildlife Avoidance Assessment Form (you or your) for the provision of dog training, behavioural modification, coaching and/or consulting services as described on our Website or otherwise agreed in writing (collectively, the Agreement).

1.2 All bookings made with Chilled & Fulfilled (either in person or online) are subject to this Agreement. By making a booking, signing this Agreement, ticking an acceptance box, or otherwise indicating acceptance (including electronically), you acknowledge that you have read, understood and agree to be bound by these terms.

2. Precedence

2.1 No terms or conditions contained in any invoice, purchase order or similar document issued by you will override this Agreement, which will prevail to the extent of any inconsistency.

2.2 If there is any inconsistency between this Agreement and any other document referred to in it, this Agreement will prevail to the extent of the inconsistency.

3. Term

This Agreement commences on the date you receive an email confirming your Booking (Commencement Date) and continues until terminated in accordance with this Agreement (Term).

4. Your obligations

4.1 During the Term, you must:

(a) where required by Chilled & Fulfilled, complete the Wildlife Avoidance Assessment Form accurately, completely, truthfully and with current information, and promptly update that information if it changes;

(b) regardless of whether an Wildlife Avoidance Assessment Form is required, ensure that all information you provide to us (whether verbally or in writing) about you and your dog is accurate, complete, truthful and current, and promptly notify us of any material changes;

(c) attend each Session with your dog and comply with all reasonable directions and instructions provided by Chilled & Fulfilled, including safety-related instructions;

(d) prepare for each Session as reasonably instructed by us (if applicable);

(e) pay the Fees in accordance with clause 6; and

(f) comply with all Relevant Laws relating to the care, control and treatment of your dog.

4.2 Following your Booking and, where required, submission of an Wildlife Avoidance Assessment Form, Chilled & Fulfilled may, acting reasonably, accept or decline your request for Services. If we:

(a) decline your request, we will notify you and this Agreement will be deemed not to have commenced; or

(b) accept your request, we will issue an invoice in accordance with clause 6.

4.3 If you fail to comply with clause 4.1, Chilled & Fulfilled may, acting reasonably:

(a) terminate the affected Session (with Fees paid forfeited unless we agree to reschedule); and/or

(b) terminate this Agreement in accordance with clause 7.

5. Our obligations

5.1 Subject to your compliance with this Agreement, Chilled & Fulfilled will use reasonable endeavours to provide the Services as described on our Website or otherwise agreed in writing.

5.2 If we fail to provide the Services in accordance with clause 5.1, and subject to Relevant Laws, we will use reasonable endeavours to rectify the issue or provide an alternative means of achieving the intended outcome.

6. Fees and payment

6.1 Fees are set out in the Pricing Schedule and are payable in Australian Dollars, inclusive of GST unless otherwise agreed in writing.

6.2 Unless otherwise agreed, Fees are payable immediately upon issue of an invoice.

6.3 If Fees are not paid by the due date, Chilled & Fulfilled may, acting reasonably and without limiting other rights:

(a) suspend the Services until payment is received in full; and/or

(b) terminate this Agreement in accordance with clause 7.

7. Termination

7.1 Either party may terminate this Agreement for convenience by providing at least 7 Business Days’ written notice.

7.2 Either party may terminate this Agreement immediately by written notice if the other party:

(a) breaches this Agreement and fails to remedy the breach within 14 days of receiving written notice; or

(b) commits a breach that is not capable of remedy.

8. Cancellation and rescheduling

8.1 Chilled & Fulfilled may cancel a scheduled Session if applicable Fees have not been paid prior to the Session.

8.2 If you cancel a Session:

(a) more than 48 hours before the scheduled Session, any prepaid Fees will be refunded within 14 Business Days; or

(b) within 48 hours of the scheduled Session, a cancellation fee equal to the full Session Fee will apply, representing a genuine pre-estimate of the loss incurred.

8.3 If Chilled & Fulfilled needs to reschedule a Session, we will use reasonable endeavours to provide at least 24 hours’ notice. You may elect to reschedule or receive a full refund of any prepaid Fees.

8.4 Sessions will not be cancelled due to rain or wind unless severe weather makes delivery of the Services unsafe or impractical.

9. Liability

9.1 To the maximum extent permitted by Relevant Laws, you acknowledge that the Services, and in particular Wildlife Avoidance Training, involve inherent risks associated with live wildlife and environmental unpredictability (as further described in clause 16), and Chilled & Fulfilled excludes liability for loss or damage arising in connection with the Services, except to the extent that such loss or damage is caused by our gross negligence, wilful misconduct, or cannot be excluded under the Australian Consumer Law.

9.2 Nothing in this Agreement excludes, restricts or modifies any consumer guarantee or right under the Competition and Consumer Act 2010 (Cth).

9.3 To the maximum extent permitted by law, our aggregate liability arising out of or in connection with the Services is limited to the Fees paid to us in the one month preceding the event giving rise to the claim.

9.4 You acknowledge that outcomes depend on factors outside our control, including your implementation of strategies provided. We do not guarantee specific behavioural outcomes.

9.5 You agree to indemnify Chilled & Fulfilled against losses arising from your breach of this Agreement or your handling or control of your dog, except to the extent caused by our gross negligence or wilful misconduct.

10. Consent and copyright

10.1 With your consent, Chilled & Fulfilled may use photographs, audio or visual recordings of you and your dog taken during Sessions for promotional, educational and marketing purposes. You may withdraw your consent at any time by notifying us in writing.

10.2 Chilled & Fulfilled retains copyright in all such materials.

11. Confidentiality and privacy

11.1 All training materials and information provided by Chilled & Fulfilled are confidential and must not be disclosed without our written consent, except as required by law.

11.2 Personal Information is handled in accordance with the Privacy Act 1988 (Cth) and our Privacy Policy.

12. Force Majeure

12.1 Neither party is liable for failure or delay caused by a Force Majeure Event.

12.2 If a Force Majeure Event continues for more than 30 days, either party may terminate this Agreement by written notice.

13. Dispute resolution

13.1 Before commencing court proceedings (other than urgent relief), the parties must attempt to resolve disputes through good faith discussions within 20 days.

14. Notices

14.1 Notices must be in writing and delivered by hand, prepaid post or email to the contact details provided by the parties.

14.2 Notices are deemed received in accordance with standard delivery timeframes.

15. General

15.1 This Agreement constitutes the entire agreement between the parties.

15.2 If any provision is invalid or unenforceable, the remaining provisions remain in force.

15.3 This Agreement is governed by the laws of Victoria, Australia.

16. Wildlife Avoidance Training (Including Snakes and Cane Toads)

16.1 Chilled & Fulfilled may offer specialised wildlife avoidance training, which may involve wildlife that is live, restrained, contained or otherwise controlled for training purposes, but which remains inherently unpredictable, which may involve controlled exposure to wildlife including, but not limited to, live snakes, cane toads and other native or non-native wildlife used for training purposes (Wildlife Avoidance Training).

16.2 You acknowledge and agree that Wildlife Avoidance Training is an inherently higher-risk activity due to the involvement of live animals and environmental variables that cannot be fully controlled.

16.3 You acknowledge that:

(a) participation in Wildlife Avoidance Training is voluntary;

(b) Wildlife Avoidance Training is designed to help reduce the likelihood of your dog approaching or interacting with wildlife, but does not guarantee that your dog will not be injured, harmed or killed by wildlife;

(c) dogs may still be bitten, stung, poisoned or otherwise harmed by wildlife despite training, including in circumstances where:

(i) a snake or other wildlife is not visually detected by the dog;

(ii) scent cues are limited or absent (for example, where a dog is upwind of a snake);

(iii) the dog accidentally steps on, startles or otherwise triggers a defensive response from wildlife; or

(iv) environmental or situational factors override learned avoidance behaviours.

16.4 You acknowledge that Chilled & Fulfilled does not control wildlife behaviour and cannot eliminate all risks associated with wildlife encounters.

16.5 You acknowledge and agree that Wildlife Avoidance Training may be provided without any prior assessment call or meet and greet, and that Chilled & Fulfilled may require you to complete an Wildlife Avoidance Assessment Form before participating in Wildlife Avoidance Training. The Services will be provided in reliance on the information you supply in that form.

16.6 Chilled & Fulfilled will use reasonable care and professional judgment in the handling and management of wildlife during Wildlife Avoidance Training, including adherence to applicable animal welfare and safety standards.

16.7 Chilled & Fulfilled may refuse to provide, modify or immediately terminate Wildlife Avoidance Training if, acting reasonably, we consider that:

(a) the training presents an unacceptable risk to you, your dog, wildlife, or any person present; or

(b) your dog is not suitable for Wildlife Avoidance Training.

16.8 To the maximum extent permitted by law, and subject to clause 9, you assume all inherent risks associated with Wildlife Avoidance Training and release Chilled & Fulfilled from liability for injury, loss or damage arising from those inherent risks, including where such injury, loss or damage occurs despite your compliance with instructions or safety directions, except to the extent that liability cannot be excluded by law.

17. Definitions

The following definitions apply in this Agreement:

(a) Affiliate means, in relation to any party, a person which, directly or indirectly: (i) is controlled by that party; (ii) controls that party; or (iii) is controlled by a person referred to in paragraph (ii). Control means the power to determine the management or policies of another person, whether through ownership of shares, voting rights, contract or otherwise.

(b) Agreement means this agreement, together with the Pricing Schedule, the Wildlife Avoidance Assessment Form (if applicable) and any annexures or schedules incorporated by reference.

(c) Wildlife Avoidance Assessment Form means the online or written form (if required by Chilled & Fulfilled) that contains your registration information and information relating to your dog for the purposes of Wildlife Avoidance Training.

(d) Wildlife Avoidance Assessment Form means the online or written form (if required by Chilled & Fulfilled) that contains your registration information and information relating to your dog.

(e) Booking means a confirmed booking for a Session.

(f) Business Day means Monday to Saturday excluding public holidays in Victoria, Australia.

(g) Business Hours means 8:00am to 4:00pm Monday to Friday and 8:00am to 12:00pm Saturday.

(h) Chilled & Fulfilled, we, us or our has the meaning given in clause 1.1 and, where the context permits, includes our Personnel.

(i) Claim means any claim, action, proceeding, demand, loss, liability or expense of any nature, whether present or future, actual or contingent.

(j) Commencement Date has the meaning given in clause 3.

(k) Fees means the fees payable by you for the Services as set out in the Pricing Schedule.

(l) Force Majeure Event has the meaning given in clause 12.1.

(m) GST means goods and services tax as defined in the A New Tax System (Goods and Services Tax) Act 1999 (Cth).

(n) Loss means any loss, damage, liability, cost or expense, including legal costs on a full indemnity basis.

(o) Personal Information has the meaning given in the Privacy Act 1988 (Cth).

(p) Personnel means any director, officer, employee, contractor, consultant, agent or representative of a party.

(q) Pricing Schedule means the schedule setting out the Fees for the Services, as amended from time to time.

(r) Relevant Laws means all applicable laws, regulations, rules and codes, including animal welfare and cruelty laws and privacy laws, applicable in Australia.

(s) Services means the dog training, behavioural modification, coaching and/or consulting services provided by Chilled & Fulfilled, as described on our Website or otherwise agreed in writing.

(t) Session means a one-on-one or group session with you and your dog, generally, conducted in person, online or otherwise as agreed.

(u) Term has the meaning given in clause 3.

(v) Website means www.chilledandfulfilled.com and any related social media or successor sites operated by Chilled & Fulfilled.

(w) you or your has the meaning given in clause 1.1.

18. Execution and acceptance

18.1 This Agreement may be executed and accepted:

(a) by physical signature;

(b) electronically (including via e-signature platforms such as DocuSign or similar);

(c) by ticking an online acceptance box; or

(d) by proceeding with a Booking after being presented with this Agreement.

18.2 You agree that any method of acceptance described in clause 18.1 constitutes valid and binding acceptance of this Agreement.