Terms & Conditions

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• 1) DEFINITIONS  

  1.1 "Booking" shall mean the booking system and terms of agreement used by Us at Very Important Pet Pals.  
  1.2 "Pet Registration/ Declaration" shall mean the electronic form You filled out on the website to indicate information about you and your pet.  
  1.3 "Material Behavioural Issues" shall mean all behavioural issues and tendencies  that Your Dog displays that require attention or that You would like addressed in the provision of the Services.  
  1.4 "Price" shall mean the all-inclusive cost of the Services provided to You as  agreed between Us and You, as further described in clause 3.  
  1.5 "Services" shall mean the services you have indicated shall be provided to you.  
  1.6 "Significant Behavioural Issues" shall mean behavioural issues including, but  not limited to, extreme aggression, growling and biting or attempting to bite,  significant disobedience and tendencies that Your Dog displays that are of a nature that may endanger Us, You, the public or Your Dog.  
  1.7 "We", "Our" and "Us" shall mean Very Important Pet Pals  
  1.8 "You" and "Your" shall mean you, the customer(s) (jointly and severally) who have accepted these Terms and Conditions by ticking "I have read and agree to this agreement" and filling in and signing the form.  
  1.9 "Your Dog" shall mean dog(s) in relation to which we are to provide the Service(s).
   

• 2) ACCEPTANCE  
  2.1 Acceptance of these Terms and Conditions by You shall constitute a binding  contract and acceptance by You of their contents.
   

• 3) PRICE 

  3.1 The Price that You will pay for the Service(s) shall be the sum shown on the  Invoice or Confirmation email or in the Booking.  
  3.2 If You decide to change the Services You require prior to the commencement of the provision of the Services, We reserve the right to charge You for those changes, in line with Our usual pricing structure. Payment of any additional amount will be payable in accordance with clause  
  3.3 We reserve the right to charge a goods and services tax, where applicable,  pursuant to the Goods and Services Tax Act 1985, or any similar tax charged in  substitution of that tax.
   

• 4) PAYMENT  

  4.1 Payment for the provision of the Services shall be made prior to the commencement of a booking. The booking may not be confirmed without payment and/ or deposit.  Some Services may require a deposit or the full balance to be paid in advance,  this will be communicated within an email from Us to You. Payment for the provision of any other services shall be made on time as per an invoice or within seven (7) days of the date of issue of an invoice by Us to You or 5 working days prior to commencement of any service. Unless We have a Payment Plan Agreement in place with You.  
  4.2 We reserve the right to render an invoice at any time We consider to be reasonable (this may be in advance, during or following the Services being  provided).  
  4.3 Failure to make payment of any amount due under clause 3.1 or 3.2 when it  falls due may result in the provision of Services at a later date being withheld until payment has been made. All agreements between Us and You for the provision of Services previously entered into will be suspended until payment has been made.  
  4.4 Late payment or failure to make payment will incur a $25 Administration Fee from the date payment is due, for each week the payment is late.  
  4.5 Any expenses, disbursements and legal costs (on a solicitor-client basis) incurred by Us in the enforcement of any of Our rights or Your obligations contained in these Terms and Conditions shall be paid by You, including any reasonable solicitor's fees or debt collection agency fees.
   

• 5) THE SERVICES  

  5.1 We will provide the Services to You as agreed.  
  5.2 While every effort will be made to provide the Services to You, We reserve the right to refuse to commence or continue the provision of Services to You on the grounds that Your Dog presents Significant Behavioural Issues; or that those  Significant Behavioural Issues have not been disclosed; or on any other basis We think fit. 
  5.3 We reserve the right to refuse to commence or continue the provision of  Services to You on the grounds that additional Services beyond that initially agreed between You and Us are required. We reserve the right to adjust or alter the Services provided to You following an assessment/ introduction/ meeting of Your Dog.
   

• 6) ACKNOWLEDGEMENTS  

  6.1 You acknowledge that:  
  6.1.1 In the provision of the Services, there is a possibility that Your Dog may fall ill  or be injured, and that We are not liable for any illness suffered or injury that may be sustained by Your Dog during the provision of the Services.  6.1.2 In the provision of the Services, Your Dog may escape Our custody (despite Our best efforts to prevent this from occurring), and that We are not liable in any respect on such an occurrence.  
  6.1.3 In the provision of the Services, it is possible that We will take Your Dog off  private property and into public spaces and that You are solely liable for any injury,  damage or death that may be caused by Your Dog to any other person, animal or  property.  
  6.1.4 In providing the Services to You, We do not guarantee any particular outcome will follow from the provision of the Services.  
  6.1.5 In the unlikely event that Your Dog requires immediate veterinary attention  during the provision of the Services, We will take all reasonable steps to obtain the required veterinary attention and that We are not liable for any consequences that arise as a result of obtaining that veterinary attention including but not limited to the costs associated with that veterinary attention where it is later established that the veterinary attention was not required immediately.  
  6.1.6 In the event that it is clear to Us that Your Dog requires veterinary attention  during the provision of the Services, but that veterinary attention is not immediate or urgent, We will discuss with You the requirement for veterinary attention and seek your approval prior to obtaining veterinary attention for Your Dog. If You provide Your approval, You acknowledge that the costs of such attention are to be paid by You.  
  6.1.7 In the event that we receive injuries from your dog you will be liable to pay any and all fees which will be the amount required to cover medical treatment or any ongoing medical treatments required.
  6.1.8 We do not allow entire females to attend our Very Important Pet Pals service while in heat/ season. If you need help recognising the changes that come with their season please get in touch. 
   

• 7) WARRANTIES  

  7.1 You warrant to Us that:  
  7.1.1 You have disclosed to Us all of Your Dog's Material Behavioural Issues and  Significant Behavioural Issues including if your dog is or has been classified as menacing or dangerous by the council or any other body.  
  7.1.2 Your Dog is registered and microchipped in accordance with the Dog Control Act 1996 at all times during the provision of the Services.  
  7.2 We warrant to You that:  
  7.2.1 At all times during the provision of the Services, We will take care of Your Dog to the reasonable standard expected of a professional in our industry.
   

• 8) PRIVACY  

  8.1 So that we can provide the best Services to you, We may need to collect some of Your personal information.  
  8.2 We will not provide any of Your personal information to any third party unless We are required by any law to do so or We believe that providing it is appropriate or required in order for us to comply with any law, facilitate court proceedings or in order to protect Our rights under these Terms and Conditions.
   

• 9) INDEMNITY  

  9.1 You indemnify Us for any loss, damage or expense (including costs on a solicitor-client basis) suffered by Us, resulting from the breach of these terms and  conditions by You.
   

• 10) CANCELLATION OF SERVICE BOOKING  

  10.1 The cancellation of the provision of Services that are provided by “Very Important Pet Pals” will take effect fourteen (14) days after You notify Us of Your intention to cancel 'Pack Walking' Services. 
  10.2 The cancellation of the provision of all other Services will take effect twenty four (24) hours after You notify Us of Your intention to cancel those Services, unless otherwise stated in a communication from Us when confirming a booking or request.
  10.3 Any payment made for the provision of Services after the date that the  cancellation shall take effect will be refunded to You, unless otherwise stated in a communication from Us when confirming a booking or request.  
  10.4 We reserve the right to render an invoice for all Services that were cancelled  without following the Services Cancellation Policy.  
  10.5 We reserve the right to cancel, suspend or postpone provision of the Services to You at our sole discretion.
   

• 11) DEFAULT  

  11.1 The following shall constitute default by You  
  11.1.1 Non-payment of the Price as notified and invoiced when due.  
  11.1.2 Breach of any of the warranties or any part of the Price given by You in  clauses 7.1.1-7.1.2.  
  11.2 In the event of default by You, We may exercise any (or all) of the following  remedies:  
  11.2.1 Order You to pay the full Price to Us;  
  11.2.2 Refuse to provide you with Services previously arranged; or  
  11.2.3 Institute proceedings in any suitable court or tribunal to take any action  that we might deem to be necessary as a result of Your default. 
   

• 12) LIABILITY  

  12.1 In the unlikely event that We are unable to provide You with all or any part of the Services, Our maximum liability to You will be the amount of the Price for those Services paid by You in advance of the provision of the Services.  
  12.2 Notwithstanding the provisions of clause 12.1, We will not be liable to You for  any loss or damage You may suffer, or Our failure to provide the Services as a  result of any natural disaster, fire, armed conflict, labour dispute, civil commotion, governmental intervention, accident, severe weather event or other matter beyond our control.  
  12.3 The Consumer Guarantees Act 1993, the Fair Trading Act 1986 and other  statutes may imply warranties or conditions or impose obligations upon Us which cannot by law (or which can only to a limited extent by law) be excluded or modified. In respect of any such implied warranties, conditions or terms imposed on Us, liability shall, where allowed, be excluded or if not able to be excluded only apply to the minimum extent required by the relevant statute.  
  12.4 Except as otherwise provided by clause 12.3 We do not accept any liability to  You or any third party for any loss or damage of any kind suffered by You or any third party arising directly or indirectly out of these terms and conditions. 
   

• 13) MISCELLANEOUS  

  13.1 If any provision of these terms and conditions shall be invalid, void, illegal or  unenforceable the validity, existence, legality and enforceability of the remaining  provisions shall not be affected.  
  13.2 These terms and conditions shall be governed by the Laws of New Zealand.  The parties agree to submit to the jurisdiction of the New Zealand Courts.
   

• 14) General Provision

  14.1 Very Important Pet Pals is not liable to the Client for any failure to perform its obligations under the Agreement to the extent caused by Force Majeure, provided that the affected party

  A) Immediately notifies the other party and provides full information about the Force Majeure;
  B) Uses best endeavours to overcome the Force Majeure; and
  C) Continues to perform its obligations as far as reasonably practicable.
  
  I (the client/ owner) have read the above terms and conditions. I know, understand, and agree to all terms stated above. By making a booking(s) and its payment, I agree I have read, understand and accept our T&Cs.