Terms and Conditions Miem Services Pty Ltd t/as Animal Behaviour Coaching

1. Acceptance of Terms and Conditions
You hereby engage MIEM Services Pty Ltd (“MIEM”) to provide Goods and/or Services in accordance with the Terms and Conditions as set out in this document (“Terms and Conditions” or “Agreement”).
The placement of an order or booking a service with MIEM by You on any basis shall be deemed to be an acceptance of these Terms and Conditions by You.
The definitions in Clause 11 define some of the terms used in these Terms and Conditions.
2. Payment & Invoicing

1. MIEM are under no obligation to procure or deliver any Goods or perform any Services for You unless and until You pay the fees for the Services or Goods.
2. You are not entitled to withhold payment of any account by reason of any account query or dispute. You agree to pay MIEM Administration Fees in respect of any copies of documents required or other processing involved in managing the account and such fees will be charged to Your account.
3. Payment is required at the time the Service is rendered. Ownership of Goods will not change hands until payment is received in full. A fee of 10% of the total overdue amount, charged monthly, will be charged for all unpaid invoices that exceed 30 days past due.

3. Disclaimer and Release

1. You hereby acknowledge and agree with MIEM that the Services provide risk to You, Your pet and any other persons or animals who attend or are part of the Services. You (and Your successors and also You on behalf of any person who attends the Services with You) hereby release and hold harmless MIEM from any action, injury, loss or claim of any nature whatsoever in connection with the Services.
2. You acknowledge and agree with MIEM that animals are living, sentient creatures and that despite our best efforts, we make no promise, representation or warranty that the Services will deliver any result. Should this be the case You are not entitled to a refund of any fees. 
3. You indemnify and will hold MIEM harmless for any loss, damage, action or claim caused by You, Your pet or any person under Your control or otherwise attending the Service(s) with you, including but not limited to any injuries caused by Your pet to another animal or person.
4. You will disclose to us any sensitivities or known dangers that Your pet may present to MIEM prior to the commencement of any Services.
5. The material and any and all advice provided as part of the Services is general advice only and is not a substitute for specific, expert advice relevant to You or Your pet’s circumstances. If specific advice is sought, please arrange an individual training or behavioural consultation session. This includes material and advice provided to veterinarians, veterinary staff, and trainers during Rounds.
6. Any forms, media, or documentation submitted prior to the Services may not be viewed until the Service is rendered. MIEM does not take responsibility for the content of this material until the Service is rendered.

4. Operating Policies

1. Refunds for Services will be given if the request is received no less than 48 hours before the commencement of the Services.
2. A Credit Card is required at the time of booking an individual Service as a cancellation fee of 20% of the total value of the Services to be provided to You will be charged for cancellations occurring less than 48 hours prior to your scheduled appointment and for no-shows. You acknowledge that the fee paid in accordance with this clause is non-refundable unless otherwise expressly agreed to in writing by MIEM. By engaging MIEM for the Services, and agreeing to these Terms and Conditions, You authorise MIEM to store Your Credit Card details for the sole purpose of Payment in accordance with these Terms and Conditions.
3. Make-up classes are not available for any missed group classes. Additionally, there will be no refund for missed classes when signing up to a group course.
4. MIEM cannot provide a refund for any returned medications. MIEM will accept returned medications for disposal, but cannot provide a refund for any unused medications.
5. You will not bring Your pet to a group class if Your dog is unwell.
   
6. Your pet may still attend class if Your pet is in heat at MIEM’s discretion – please contact MIEM to discuss at least 24 hours prior to that class.
7. You must keep Your pet on a leash at all times during the Services provided unless explicitly instructed otherwise.
8. You must clean up after Your pet at all times.
9. You will supervise any children who are handling Your pet and never allow any person under 16 to handle Your pet without supervision.
10. Children under the age of 10 years are not permitted during the Services unless by special arrangement with MIEM no less than 48 hours prior to the Service.
11. Smoking is not permitted at any time during the performance of the Services.
12. You will not make any audio, video or still recordings of any electronic material provide to you by MIEM, including online consultations. Doing so would violate the terms of our service. Sharing any recording with a third party would be a violation of the law in all States and Territories.
    

5. Expulsion
MIEM may expel You from the Services for any reason and at any time during the Services at its absolute discretion.
6. Goods and Services Tax (GST)
The prices quoted by MIEM do not include GST or any other statutory charge, duty, tax, impost or levy (“Other Taxes”), unless expressly stated otherwise. If GST and/or Other Taxes apply in relation to a supply of Goods and/or Services by MIEM to You, You must (unless the price quoted includes GST and/or Other Taxes) pay the applicable GST and/or Other Taxes to MIEM in addition to the price quoted to You. Where GST is payable, it will be calculated by multiplying the quoted price by the prevailing GST rate.
7. Applicable Law
These Terms and Conditions shall be governed by the laws of the State of South Australia.
8. Severance
If any provision or part of any provision of these Terms and Conditions is unenforceable it shall be severed from these Terms and Conditions and such severance or unenforceability shall not effect any other part or provision hereof.
9. Privacy
MIEM will comply with all applicable privacy legislation, including the Privacy Act 1988 (Cth).
Unless indicated otherwise under this agreement, You hereby consent to MIEM using Your personal information for the following purposes:

1. MIEM’s internal marketing activities, including database compilation, analysis of demographics and the processing or creation of other marketing information;
2. customer surveys and individual follow-up calls, letters or emails enquiring as to Your satisfaction with the Goods and Services;
3. advising You of offers that we feel may be of interest to You.

In addition, unless you provide an express written objection to the contrary, You consent to us using photos, audio and videos featuring You or Your pet (or You on behalf of any person who attends the Services with You) for marketing on our website, social media and other mediums, as well as for educational purposes to the public and animal industry.
If any provision or part of any provision of these Terms and Conditions is unenforceable it shall be severed from these Terms and Conditions and such severance or unenforceability shall not effect any other part or provision hereof.
10. Complete Agreement
The Terms and Conditions contained in the Contract of Sale for the Goods and/or the Services described herein are the entire terms between the parties in respect of this agreement unless subsequently varied or modified in writing.
11. Definitions
In these Terms and Conditions:
 “Goods” means any goods supplied by MIEM or any of MIEM’s agents or assigns to You from time to time.
“GST” means any goods & services or similar tax imposed by the GST Law.
“GST Law” means A New Tax System (Goods & Services Tax) Act 1999 (Cth) or any other act or regulation pursuant to or associated with or amending or replacing that Act.
 “Price” means the cost of the Goods or Services as agreed between MIEM and You and is exclusive of GST.
 “Services” means any services provided by MIEM or any of MIEM agents or assigns from time to time
 “You” or “Your” means you (or any entity acting on behalf of you), being that entity receiving Goods or Services from MIEM.