Disclaimer and TOS

WEBSITE TERMS and CONDITIONS (“T’s and C’s”)
(Last updated 6 August 2021)

This website, https://germanshepherdcorner, hereafter referred to interchangeably as “the Site”, is owned and operated by Ancestral Canine Kitchen Pty Ltd Registration Number: 2018/202879/07, (incorporated in the Republic of South Africa), hereinafter referred to as “us/we/our/ourselves”.

Should you (“you”, “yourself” and/or “yourselves” meaning any User of this Site) have any queries or questions regarding our products or services, these T’s & “C’s and/or our website, please address your queries to [email protected]

Please note that the use of our website, our services and all orders placed online on our website are subject to the T’s & C’s contained herein. Please ensure that you have read and understood these T’s & C’s before using this website and/or placing any orders with ourselves.

THE CONSUMER PROTECTION ACT
Please read these T’s & C’s carefully as they contain important information regarding your legal rights, remedies, and obligations. In terms of the provisions of the Consumer Protection Act (no 68 of 2008), We need to bring to your attention anything which may limit your risk or liability, or which may limit your rights to claim indemnification or restitution or be an acknowledgment of any fact. The provisions which may so limit your rights are set out in Clauses 3; 7; 17; 19; 21; 28; 30; 36 and the Privacy Policy.

General
1. The purpose of this Website is to provide information and assistance in force-free, science-based dog training for dogs of all ages and nutrition coaching of optimal diets for your otherwise healthy adult dog (“your dog”).

2. By using the Site, you agree to comply with and are legally bound by these T’s & C’s. These T’s & C’s govern your access to and use of the Site and constitute a binding legal agreement between you and us.

3. If you do not agree to these T’s & C’s, you have no right to obtain information from or otherwise continue using the Site. Failure to use the Site in accordance with these T’s & C’s may subject you to civil and/or criminal penalties.

4. Please read our Privacy Policy carefully (to be found at https://germanshepherdcorner.com/privacy-policy). Every user of this Site is deemed to have read, considered, reconciled him/her/it-self with, and agreed to these T’s and C’s and Privacy Policy.

5. The unauthorized use of our website, including but not limited to, copying, reproduction, variation, modification, or distribution the uploading of any unlawful or damaging information or viral software, or the creation of any links to our website from any other site whatsoever, is strictly prohibited.

6. Comments and opinions uploaded onto our website by our Users and guests are their opinions and do not in any way represent our views, opinions, or beliefs.

7. We reserve the right to suspend our website or any part thereof or terminate your account at any time if we, in our sole discretion, determine that you are not using the website in compliance with these T’s & C’s or for any other reason whatsoever.

8. Should any of these T’s and C’s be found by any court, tribunal or administrative body of competent jurisdiction to be wholly or partly illegal, invalid, void, voidable, unenforceable or unreasonable it shall to the extent of such illegality, invalidity, voidness, voidable, unenforceability or unreasonableness be deemed severable and the remaining provisions of the Contract and the remainder of such provision shall continue in full force and effect.

9. Any condonation of any breach of any of the provisions hereof or other act or relaxation, indulgence, or grace on our part shall not in any way operate as or be deemed to be a waiver by us of any rights under this agreement, or be construed as a novation thereof.

Our Services
10. Our website contains general force-free, science-based dog training information for dogs of all ages and nutrition information for healthy adult dogs.

11. The general nutrition information is not veterinary advice and should not be treated as such.

12. We provide raw feeding coaching, nutrition information, education, formulation tools, products, and counseling to assist you in your efforts to give your dog the best nutrition available.

12.1 We provide force-free dog training coaching, one-on-one services and workshops in the form of information, education, tools, products and counseling to assist you in your efforts to provide the best education available for your dog.

13. Our nutrition Services are rendered having regard to the standards as laid down by the National Research Council of the National Academies (“NRC”), the working arm of the United States National Academies, which produces reports that shape policies, inform public opinion, and advance the pursuit of science, engineering, and medicine (http://www.nationalacademies.org/nrc/).

13.1 Our Dog Training Services are rendered having regard to the standards as laid down by various bodies that support force-free, no-fear, science-based dog training such as the Pet Professional Guild (“PPG”), (https://www.petprofessionalguild.com/).

14. We are not a veterinary organization and do not provide veterinary advice or diagnosis. Nothing contained in our plans (training or nutritional, materials, or website should be construed as veterinary advice or diagnosis.

15. The information and reports generated by us should not be interpreted as a substitute for a consultation with a veterinarian, veterinary evaluation, care, or treatment. You must not rely on the information on our website as an alternative to veterinary advice from your veterinarian or other professional healthcare providers

16. If you have any specific questions about any matter concerning your dog, you should consult your veterinarian or other professional healthcare providers. If you think your dog may be suffering from any veterinary condition, you should seek immediate veterinary attention. You are specifically urged and advised to take your dog for regular veterinary check-ups.

17. You should never delay seeking veterinary advice, disregard veterinary advice, or discontinue veterinary treatment for your dog, because of information on our website. Our programs are healthful but are not intended to treat any illness or disease or to be a substitute for veterinary advice or treatment. We do not assume any special or heightened duty to you or your dog, in like or similar manner to that of your veterinarian.

18. If your dog is being treated for an illness or disease, it is critically important that you immediately share this information with us.

19. Failing to follow our nutrition information, education, formulations counseling, and guidelines may cause health complications for your dog, but you remain responsible and assume liability for managing your dog’s physical and emotional needs and alerting both your veterinarian and ourselves should concerns arise.

19.1. Failing to follow our dog training information, education, counseling, and guidelines may cause behavior complications for your dog, but you remain responsible and assume liability for managing your dog’s physical and emotional needs and alerting both your veterinarian and ourselves should concerns arise.

20. To be clear, our Nutritional Services are only rendered in respect of healthy adult dogs.

21. On a case-by-case basis, we will consider formulating a diet for a dog suffering from an illness already diagnosed by a veterinarian. However, we will only consider this if you agree to communication between Ancestral Canine Kitchen, it’s employees or agents, and your consulting veterinarian. You must inform us before formulation services are purchased of any diagnosed illnesses your dog has as well as provide us with the contact details of your consulting veterinarian. It remains at our discretion to take on such a formulation or not. The Price for such intensive, individualized support will be determined on a case-by-case basis.

Age Limit
21.1 The Site is intended solely for persons who are 18 (eighteen) years of age or older. Any access to or use of the Site by anyone under 18 (eighteen) is expressly prohibited. By accessing or using the Site you represent and warrant that you are 18 (eighteen) or older. By submitting your order, company name and registration number/ID number and payment card details you warrant that you are over the age of 18 (eighteen), are authorized to make payment with the payment card (if applicable) and that there are sufficient funds available to pay for the order.

Price
22. Unless otherwise agreed by us in writing, the price for our Services shall be the price set out in our price list published on the Website (inclusive of Value Added Tax) as at the date of delivery or deemed delivery. The price list is merely a guide and we reserve the right to alter the prices of the Services from time to time and without prior notice to you.
Payments
23. All payments are to be completed via EFT (electronic funds transfer) or credit card, or making use of the Paypal / Payfast payment platforms, directly into our bank account.

24. Your payments to us shall be made in full at the time of purchase unless otherwise agreed to by us.

25. You will be responsible for all bank charges and credit card processing fees in the event of a refund.

No warranties
26. The information on our Website is provided without any representations or warranties, express, or implied.

27. Without limiting the scope of Clause 26, we do not warrant or represent that the information on this website:

27.1 will be constantly available, or available at all; or
27.2 is true, accurate, complete, current, or non-misleading.

Limitation of Liability
28. You acknowledge and agree that:
22.1
22.2 to the maximum extent permitted by law, the entire risk to you and your dog arising out of your access to and use of the Site and any contact you have with other Users whether in person or online remains with you;
22.3 you have carefully read and understand the agreement described in these T’s & C’s, the Privacy Policy and the Website generally;
22.4 we are not responsible for and do not assume any liability for managing your dog’s physical and/or emotional needs;
22.5 should we be liable to you, our total liability in contract, delict, misrepresentation, restitution or otherwise arising in connection with the performance or contemplated performance, shall be limited to the price paid by you for the Services and you shall be responsible for making its own arrangements for the insurance of any excess loss; and
22.6 you release us, our officers, employees, and agents, from any and all claims, demands, liabilities, and damages for alleged injuries related to or arising from your enrolment or participation in any nutrition program or activity provided by us via the Site.

Modifications
29. We reserve the right, at our sole discretion, to modify the Site or to modify these T’s & C’s, at any time and without prior notice. If we modify these T’s & C’s, we will post the modification on the Site and update the “Last Updated Date” at the top of these T’s & C’s.

30. By continuing to access or use the Site after we have posted a modification on the Site, you indicate that you agree to be bound by the modified T’s & C’s. If the modified T’s & C’s are not acceptable to you, your recourse is to cease and desist from using the Site.

Copyright & Ownership
31. You acknowledge and agree that the Site, including all associated intellectual property rights, are our exclusive property. You will not remove, alter or obscure any copyright, trademark, service mark or other proprietary rights notices incorporated in or accompanying the Site.

Links
32. The Site may contain links to third-party websites or resources. You acknowledge and agree that we are not responsible or liable for the availability or accuracy of such websites or resources, or the content, products, or services on or available from such websites or resources.

33. Links to such websites or resources do not imply any endorsement by us of such websites or resources or the content, products, or services available from such websites or resources.

34. You acknowledge sole responsibility for and assume all risk arising from your use of any such websites or resources or the Content, products or services on or available from such websites or resources.

Controlling Law and Jurisdiction
35. These T’s & C’s and your use of the Site will be interpreted in accordance with the laws of the Republic of South Africa.

Notices from Site
36. If we need to contact you about your account or a sales transaction, you consent to be contacted by email. You agree that any such notices that we send you electronically will satisfy any legal communication requirements.

Dispute Resolution
37. Should any dispute, disagreement or claim arise between the parties (called hereafter “the dispute”) concerning the Site, and the use or the interpretation thereof, the parties shall try to resolve the dispute by negotiation. This entails that the one party invites the other in writing to a meeting to attempt to resolve the dispute within 3 (three) days from the date of the dispute arising.

38. If the dispute is not resolved by such negotiation, the parties shall submit the dispute to be finally resolved by an independent Dispute Resolution Panel comprising of three members appointed by us.

39. The Dispute Resolution Panel proceedings shall be conducted at Pretoria and in the English language.

40. The Dispute Resolution Panel shall enjoy the widest discretion to determine its own procedure and the manner in which it attends to the resolution of disputes.

41. The Dispute Resolution Panel shall endeavor to complete its work within 20 (twenty) days of a dispute being referred to it and it shall be competent to make cost orders, generally and particularly, to enforce discipline in its proceedings.

42. The parties irrevocably agree that the decision of the Dispute Resolution Panel:
36.1 will be binding on all of them;
36.2 will forthwith be carried into effect; and
36.3 may be made an order of any court of competent jurisdiction.

43. The provisions of this clause will be binding on the parties notwithstanding any termination or cancellation of the agreement.

44. This clause shall not preclude any party from applying for or obtaining interim relief of an urgent basis from a court of competent jurisdiction pending a decision of the arbitrators.

Should you (“you”, “yourself” and/or “yourselves” meaning any User of this Site) have any queries or questions regarding our products or services, these T’s & “C’s and/or our website, please address your queries to [email protected]