Terms and Conditions
The accompanying application form and these terms and conditions constitute a legally binding agreement for services (Agreement) between the Client (you, your) and All Day Dogs Pty Ltd (ACN 656 681 828) (we, us, our).
Our website at https://alldaydogs.com.au/ sets out details of our service packages and pricing. By signing and submitting this Agreement, you will be provided with access to the booking facility on our website. You agree to be bound by the terms and conditions below in exchange for this access.
You agree to comply with all booking and payment terms associated with a service package set out on our website.
Some of our service packages require commitment to a set number of days/sessions of service. You agree that if you purchase such a package, you are not entitled to a refund for any unused days/sessions included in the package, and the days do not accumulate from one package period to another.
You warrant that all information about yourself and your dog provided in the application form are accurate and true to the best of your knowledge. You agree to indemnify us against any damage, loss, or costs we suffer as a result of our reliance on the information you have supplied on the application form.
If the dog shall in any form become ill, or if the state of the dog’s health otherwise requires attention, you authorise us to engage the services of the Veterinarian you have nominated on the application form. If the listed Veterinarian is unavailable, or it is not feasible due to distance, time, or urgency of care required, you authorise us to arrange for Veterinary services for the dog from a different veterinarian at your expense.
You agree to pay all costs and charges for services requested and provide updated vaccination records from your vet before boarding or daycare date.
You confirm that the dog has not been exposed to any disease, including Parvovirus, Canine Influenza (kennel cough), distemper, Bordetella or any other communicable disease within the last 30 days.
You agree to be solely responsible for all actions of the dog including, but not limited to aggression that takes place during boarding and daycare. You agree to indemnify us against any damage, loss, or costs we suffer or incur as a result of a claim or demand made by a third-party due to personal injury, death, or property damage or destruction, caused by your dog. However, the indemnity shall be reduced to the extent that the damage, loss, or costs arise from our gross negligence or misconduct.
You agree that the dog may not leave the premises until all our fees and charges are paid in full, unless we approve otherwise in writing.
You must provide us with the details of an emergency contact person (over the age of 18). This person will be able to authorise all decisions related to the health and welfare of your dog, including expenditure of funds on behalf of you and your dog.
You agree that in the unlikely event your dog is injured by another dog, you will release us, our directors and employees from any liability for such injury. If your dog injures or kills another dog, you will be solely responsible for any injury to the other dog(s) as well as your own dog, and you release us, our directors and employees from any liability from such injury or death. However, this release will not apply if the injury or death is directly and primarily caused by our gross negligence or misconduct.
You acknowledge and agree that it is possible for a dog to become ill, even if vaccinated. You assume all risks and accept the responsibility of all costs for treatments. You further agree to hold us, our directors and employees harmless from expenses incurred for any treatment.
If your pet damages or destroys any of our property during their stay, you acknowledge and agree that you are responsible for charges to repair or replace such items, if requested at our sole discretion.
You acknowledge and agree that your dog will co-mingle with other dogs of suitable size, play styles and temperaments. Our staff are trained and/or qualified in dog behaviour and will make appropriate decisions regarding which pen your dog will be placed, based on the other dogs they will be co-mingling with. We agree to take every possible precaution to match temperament styles, however you understand that infectious disease and minor injuries including, but not limited to those arising from play biting and scratching can occur, even when fully vaccinated.
Your dog may be boarded/crated throughout the day for check in/check out, cleaning, emergency, or breaks for rest periods throughout the day.
Pursuant to section 65 of the Domestic Animals Act 1994 (Vic), we may hold a lien over your dog until any sums owing to us have been paid in full. This will also apply in the event that the dog is not picked up during our regular operating hours.
In the event you or your authorised representative do not pick up your dog during our regular operating hours, you agree to pay the sum of $20 + GST per 15 minutes you are late. If you have not arrived 1 hour after our regular closing hours, you will be charged a total of $189.99 + GST for overnight care of your dog. As per the Domestic Animals Act 1994 (Vic), we reserve the right to hold a lien over your dog until such fees are paid to us in full.
You hereby give us consent to use photographs or video footage of your dog taken during their stay. These images may be used for marketing materials, in print form or via social media/website. This does not apply to owners, just their dogs.
You acknowledge that we set aside resources and personnel for booked days/sessions of service, and that cancellations without sufficient notice will cause us to suffer damage or loss of profit. If you wish to cancel a booked day/session, you must provide us with at least 24 hours of prior written notice. If you do not provide the required notice, we shall be entitled to retain 80% of our fees that have been prepaid by you for that day/session, or if our fees have not yet been paid, we will be entitled to charge, and you must pay us, the same amount. You agree that your liability under this clause is a genuine pre-estimate of our loss arising from your lack of notice.
Either you or we may terminate this Agreement by giving at least 7 days’ written notice to each other, except that if you purport to terminate this Agreement before the expiry of any package that includes multiple days/sessions of service, you will not be entitled to a refund for any unused days/sessions unless you are terminating this Agreement due to unacceptable quality of service or if our service is not fit for purpose (as reasonably determined).
This Agreement constitutes our entire and only agreement. There will be no oral agreements or understandings except as provided in this document. This Agreement may only be varied by subsequent written agreements signed by you and us.
If any provision in this Agreement is void or otherwise unenforceable, that provision may be struck out, but the other provisions will continue to be in force. For avoidance of any doubt, no clause which limits our liability in this Agreement is intended to exclude or modify a consumer guarantee under the Australian Consumer Law that is prohibited by the Australian Consumer Law from being excluded or modified.
This Agreement shall be governed by the laws of Victoria, Australia. You agree to submit to the jurisdiction of the courts and tribunals of Victoria to determine any dispute arising from this Agreement, including its construction and validity.
If there any dispute in relation to our services or this Agreement, no party may commence legal action without first attempting to resolve the dispute by negotiation in good faith, or if negotiation does not yield an acceptable resolution for both parties within 2 weeks of the dispute arising, undergoing mediation conducted by the office of the Victorian Small Business Commissioner. If the dispute is not resolved within 2 months of referral to the Victorian Small Business Commissioner, the parties may discontinue mediation. Nothing in this clause prevents a party from seeking urgent interlocutory relief from a court in Victoria in respect of the dispute.