Terms & Conditions

Definitions
1.1 “Kennel” means Rosemary's House for Dogs & Cats Pty Ltd T/A Gold Coast Boarding the Kennels & Cattery, its successors and assigns or any person acting on behalf of and with the authority of Rosemary's House for Dogs & Cats Pty Ltd T/A Gold Coast Boarding the Kennels & Cattery.
1.2 “Client” means the person/s requesting the Kennel to provide the Services as specified in any invoice, document or order, and if there are more than one person requesting the Services is a reference to each person jointly and severally.
1.3 “Incidental Items” means any goods, documents, or materials supplied, consumed, created or deposited incidentally by the Kennel in the course of it conducting, or supplying to the Client, any Services.
1.4 “Services” means all Services supplied by the Kennel to the Client at the Client’s request from time to time.
1.5 “Animal” shall mean any Animal owned by the Client which is brought to the Kennel by the Client for Boarding, Care & Grooming Services.
1.6 “Price” means the price payable for the Services as agreed between the Kennel and the Client in accordance with Clause  of this contract.
1.7 “Application” means this Boarding Application Form.
1.8 “Agreement” means these Terms and Condition.

Acceptance
2.1 The Client is taken to have exclusively accepted and is immediately bound, jointly and severally, by these Terms and Conditions, if the Client places an order for, or accepts Services provided by the Kennel.
2.2 These Terms and Conditions may only be amended with the Kennel’s consent in writing and shall prevail to the extent of any inconsistency with any other document or agreement between the Client and the Kennel.
2.3 The Client understands and accepts that all Animals submitted to the Kennel are to be a minimum of five (5) months old and be fully vaccinated – Dogs a minimum of a C5 & Cats a minimum of a F3 standard.
2.4 The Client understands that Dogs will be companion boarding, that is, sharing kennel space with other Dogs according to size, age and gender unless otherwise agreed in writing. “Only Cats from the same Client’s family will be companion boarded, unless the Client instructs otherwise”.
2.5 The Client agrees to be solely responsible for any and all acts or behaviour of the Animal while it is in the Kennel’s care.
2.6 The Client warrants that they are the sole owner of the Animal, free and clear of all items and encumbrances.
2.7 Unless expressly requested otherwise overleaf, the Client consents to having their Animal photographed and/or filmed.  Photographs and/or footage will be used by the Kennel for promotional or advertising purposes.

Price and Payment
3.1 The Price shall be as indicated on invoices provided by the Kennel to the Client in respect of the Services supplied.
3.2 The Kennel reserves the right to change the Price in the event of a variation to the Kennel’s quotation.  In the event that the Kennel deems it necessary for the Animal to be treated by a vet whilst in the Kennel’s care the Client shall be responsible for all vet charges.
PAYMENT TERMS & METHOD OF PAYMENT
a) On Arrival date b) EFT, prior to Arrival. c) After the Date of Departure has expired by one week, then ongoing weekly payments will be deducted from the Client’s Credit Card, until the Animal is collected from the Kennel.  (Refer Clause Animal Abandonment); d) or failing any notice to the contrary, the date which is seven (7) days following the date of any invoice given to the Client by the Kennel.
3.3 At the Kennel’s sole discretion a deposit shall be required upon booking and must be received within five (5) working days, from the time the booking was made, in order to confirm the booking. A booking may be refunded if cancellation is notified to the Kennel within seven (7) calendar days prior to commencement of booking in non-peak periods; and twenty-eight (28) calendar days prior to commencement of booking in peak periods.
3.4 The Client acknowledges and agrees that the Kennel shall charge the Client for days booked NOT days used during any peak periods. Therefore the Client must ensure they book carefully.
3.5 Unless otherwise stated the Price does include GST. In addition to the Price the Client must pay to the Kennel an amount equal to any GST the Kennel must pay for any supply by the Kennel under this or any other agreement for providing the Kennel’s Services. The Client must pay GST, without deduction or set off of any other amounts, at the same time and on the same basis as the Client pays the Price. In addition the Client must pay any other taxes and duties that may be applicable in addition to the Price except where they are expressly included in the Price.

Delivery of Services
4.1 At the Kennel’s sole discretion delivery of the Services shall commence when the Client releases the Animal into the Kennel’s care at the Kennel’s address
4.2 Return of the Animal shall take place when the Client takes possession of the Animal at the Kennel’s address.
4.3 The Client shall make all arrangements necessary to collect the Animal by the Date of Departure. In the event that the Client is unable to accept the return of the Animal as arranged then the Kennel shall be entitled to charge a reasonable fee for the ongoing care of the Animal. (Refer Clause Animal Abandonment)
4.4 The Kennel shall not be liable for any loss or damage whatsoever due to failure by the Kennel to deliver the Services (or any of them) promptly or at all where due to circumstances beyond the control of the Kennel. However both parties agree that they shall make every endeavour to enable the Services to be supplied at the time and place as was arranged between both parties. In the event that the Kennel is unable to supply the Services as agreed solely due to any action or inaction of the Client then the Kennel shall be entitled to charge a reasonable fee for re-supplying the Services at a later time and date.

Animal Abandonment
5.1 If for any reason whatsoever the Client fails to collect the Animal on the scheduled Date of Departure and does not contact the Kennel and cannot be contacted by the Kennel and authorised weekly credit card payments after the scheduled Date of Departure are not accepted and forthcoming, then after seven (7) days from the last non-payment of the authorised weekly credit card payments, the Animal shall be deemed to be abandoned and the Kennel may at their sole discretion re-home the Animal, sell or euthanasia.  The Kennel shall advise the Client three (3) days prior to any rehousing, sale or euthanasia by a posted notice of intention to rehome, sell or euthanase the Animal to the client’s last known address. (Refer Clause (c) Price and Payment)
The Client shall indemnify the Kennel against all costs incurred as a result of the Client abandoning their Animal.

Risk
6.1 Irrespective of whether the Kennel retains ownership of any Incidental Items all risk for such items shall pass to the Client as soon as such items are delivered to the Client and shall remain with the Client until such time as the Kennel may repossess the Incidental Items
6.2 Under no circumstances will the Kennel be held responsible for paralysis, tick, canine influenza, injury, death, injury of the Animal during transit (including but not limited to pet taxi services), loss or damage of any kind whatsoever, whether or not caused by any negligent act or omission of the Kennel.
6.3 Where the Animal is held in a luxury suite at the Client’s request, and the Animal damages furniture, bedding or any part of a suite, then the Client’s may be charged for such damage.  If this occurs the Animals may be moved to the standard accommodation and the Price will be adjusted accordingly.
6.4 The Kennel will provide all care, good husbandry and attention to the Animal, but shall not be liable for any loss, damage or claims of any nature howsoever arising from injury, sickness, disease or death of the Animal whilst under the care or control of the Kennel.

Clients Responsibilities
7.1 It is the Client’s responsibility to ensure that:
(a)all Dogs have current C5 vaccination against Distemper, Hepatitis, Parvovirus and the two Canine Coughs (Parainfluenza and Bordetella);
(b)all Cats have current F3 vaccination against Feline Infectious Enteritiis and Feline Upper Respiratory Disease (Cat Flu);
(c)the Animal has been flea bathed and groomed, flea and tick prevention applied and wormed, at least seven (7) days prior to booking.
7.2 The Client acknowledges and agrees that the Animal must be vaccinated;
(a) within the past twelve (12) months;
(b) not within 14 days of the arrival date to the Kennels. (except in lapsed vaccinations where a 28 day isolation period is required)
7.3 Furthermore, the Client further acknowledges that a certificate must be produced upon delivery of the Animal, unless prior arrangement of vaccination confirmations are confirmed by the Kennel with the Clients’ vet or vaccination certificates are posted / emailed prior to the Date of Arrival.
7.4 The Client agrees that if any Animal requires veterinary treatment, the Animal will be attended by a qualified registered veterinary surgeon and all fees and pharmaceutical expenses (including, but not limited to travelling expenses, phone calls) incurred by the Kennel shall be at the Clients expense.
7.5 The Kennel shall not be held liable for any damages due to loss, injury, illness, vehicle travelling pet taxi services, trauma or death which may occur to any Animal accepted in the Kennels.
7.6 The Kennel shall not be responsible for any of the Animals belongings (including, but not limited to collars, leads, bedding, toys) left behind at the Kennel’s premises.
7.7 The Client acknowledges and agrees that all Animals must be admitted during the Office Hours,
Monday through to Friday; morning sessions 7.30am to 11.30pm; and afternoon sessions 3.30pm to 5.30pm.
Saturdays: morning session 8.30am to 10:30am; and afternoon sessions 2:30pm to 4:30pm
Closed on Public Holidays, Sundays and days noted on the calendar as per our website and Google.
7.8 The Client further acknowledges and agrees that the Date of Arrival shall be charged as a full day and the Date of Departure incurs a full day’s charge when the Animal departs after 11am on the Date of Departure. In the event that the Client collects their Animal before 11am, then the Date of Departure is not charge for.
7.9 In the event that a dog is in the Kennels for more than seven (7) days, the Kennel shall bath the dog before the Date of Departure.
7.10 In the event that the Kennel grooms any Animal due to the fact that the Animal is admitted in a poorly groomed and/or flea infested, an additional fee is required.

Title
8.1 The Kennel and the Client agree that where it is intended that the ownership of Incidental Items is to pass to the Client that such ownership shall not pass until:
(a)the Client has paid the Kennel all amounts owing for the Services; and
(b)the Client has met all other obligations due by the Client to the Kennel in respect of all contracts between the Kennel and the Client.
8.2 Receipt by the Kennel of any form of payment other than cash shall not be deemed to be payment until that form of payment has been honoured, cleared or recognised.

Default and Consequences of Default
9.1 Interest on overdue invoices shall accrue daily from the date when payment becomes due, until the date of payment, at a rate of two and a half percent (2.5%) per calendar month (and at the Kennel’s sole discretion such interest shall compound monthly at such a rate) after as well as before any judgment.
9.2 If the Client owes the Kennel any money the Client shall indemnify the Kennel from and against all costs and disbursements incurred by the Kennel in recovering the debt (including but not limited to internal administration fees, legal costs on a solicitor and own client basis, the Kennel’s contract default fees, and bank dishonour fees).

Privacy Act 1988
10.1 The Client agrees for the Kennel to obtain from a credit reporting agency a credit report containing personal credit information about the Client in relation to credit provided by the Kennel.
10.2 The Client agrees that the Kennel may exchange information about the Client with those credit providers either named as trade referees by the Client or named in a consumer credit report issued by a credit reporting agency for the following purposes:(a) to assess an application by the Client; and/or (b) to notify other credit providers of a default by the Client; and/or (c) to exchange information with other credit providers as to the status of this credit account, where the Client is in default with other credit providers; and/or (d) to assess the creditworthiness of the Client.The Client understands that the information exchanged can include anything about the Client’s creditworthiness, credit standing, credit history or credit capacity that credit providers are allowed to exchange under the Privacy Act 1988.
10.3 The Client consents to the Kennel being given a consumer credit report to collect overdue payment on commercial credit (Section 18K(1)(h) Privacy Act 1988).
10.4 The Client agrees that personal credit information provided may be used and retained by the Kennel for the following purposes (and for other purposes as shall be agreed between the Client and the Kennel or required by law from time to time):(a)the provision of Services; and/or(b)the marketing of Services by the Kennel, its agents or distributors; and/or(c)analysing, verifying and/or checking the Client’s credit, payment and/or status in relation to the provision of Services; and/or(d)processing of any payment instructions, direct debit facilities and/or credit facilities requested by the Client; and/or(e)enabling the daily operation of Client’s account and/or the collection of amounts outstanding in the Client’s account in relation to the Services.
10.5 The Kennel may give information about the Client to a credit reporting agency for the following purposes:(a) to obtain a consumer credit report about the Client;(b)allow the credit reporting agency to create or maintain a credit information file containing information about the Client.
10.6The information given to the credit reporting agency may include:(a)personal particulars (the Client’s name, sex, address, previous  addresses, date of birth, name of employer and driver’s licence number);(b)details concerning the Client’s application for credit or commercial credit and the amount requested;(c)advice that the Kennel is a current credit provider to the Client;(d)advice of any overdue accounts, loan repayments, and/or any outstanding monies owing which are overdue by more than sixty (60) days, and for which debt collection action has been started;(e)that the Client’s overdue accounts, loan repayments and/or any outstanding monies are no longer overdue in respect of any default that has been listed;(f)information that, in the opinion of the Kennel, the Client has committed a serious credit infringement (that is, fraudulently or shown an intention not to comply with the Client’s credit obligations);(g)advice that cheques drawn by the Client for one hundred dollars ($100) or more, have been dishonoured more than once;(h)that credit provided to the Client by the Kennel has been paid or otherwise discharged.

Cancellation
11.1 The Kennel may cancel any contract to which these terms and conditions apply or cancel delivery of Services at any time before the Services are commenced in the event that it comes to the Kennel’s attention that the Client has not abided with the Kennel’s strict vaccination & inoculation policies as described above in Clauses 2.3, 7.1 & 7.2. In such cases the refund of a deposit paid shall not apply and the Kennel shall not be liable for any loss or damage whatsoever arising from such cancellation.
11.2 In the event that the Client cancels their booking the Client shall be liable for any and all loss incurred (whether direct or indirect) by the Kennel as a direct result of the cancellation (including, but not limited to, any loss of profits). Any refund of the deposit will be subject to the following conditions:
(a) if cancellation is notified to the Kennel within seven (7) calendar days prior to commencement of booking in non-peak periods; or
(b) if cancellation is notified to the Kennel within twenty-eight (28) calendar days prior to commencement of booking in peak periods.

General
12.1 The failure by the Kennel to enforce any provision of these terms and conditions shall not be treated as a waiver of that provision, nor shall it affect the Kennel’s right to subsequently enforce that provision. If any provision of these TERMS & CONDITIONS shall be invalid, void, illegal or unenforceable the validity, existence, legality and enforceability of the remaining provisions shall not be affected, prejudiced or impaired.
12.2 These TERMS & CONDITIONS and any contract to which they apply shall be governed by the laws of Queensland state in which the Kennel has its principal place of business, and are subject to the jurisdiction of the courts in that state.
12.3 The Kennel shall be under no liability whatsoever to the Client for any indirect and/or consequential loss and/or expense (including loss of profit) suffered by the Client arising out of a breach by the Kennel of these TERMS & CONDITIONS (alternatively the Kennel’s liability shall be limited to damages which under no circumstances shall exceed the Price of the Services).
12.4 The Client shall not be entitled to set off against, or deduct from the Price, any sums owed or claimed to be owed to the Client by the Kennel nor to withhold payment of any invoice because part of that invoice is in dispute.