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BHARCS Education Terms of Service

BHARCS under the ownership of Bangalore Hundeskole ("BH"), operated by Sindhoor Pangal, Canine Behaviour Counsellor (the “Specialist”) offers to provide the Canine Behaviour Education, more fully described in www.BHARCS.com, (the “BHARCS Website”) and delivered through www.bharcseducation.com (the “BHARCS Portal”), is broken up into several courses, hereinafter referred to as “Courses” to the applicant, which includes online self learning units, (“Online Units”) as well as in-person intensives, (“Workshops”), subject to the terms and upon the conditions set out hereinafter (and as may be amended by the Specialist from time to time):

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  1. COURSES, ONLINE UNITS & WORKSHOPS

    1. The applicant may be allowed to attend workshops with their dog at their own risk and with the prior consent of the Specialist. The Specialist may, at any time and without assigning any reason, request that the dog be removed from the venue of the workshop. The terms and conditions pertaining to accompanying dogs, if any, shall be intimated prior to commencement of the workshop and may be amended from time to time.

    2. The Specialist reserves the right to refuse registration or the right to continue to attend any workshops or courses.

    3. The dates and the venue for the workshops are set out in the BHARCS Website.

    4. Pursuant to successful completion of a workshop by the applicant, BHARCS may issue a participation certificate to the applicant certifying that the applicant has participated a workshop. It is a certification of participation and not of completion. If issued, it will specify the number of hours the student spent in Continued Professional Development (“CPD”).

    5. Pursuant to successful completion of a course by the applicant, BHARCS may issue a completion certificate to the applicant certifying that the applicant has successfully completed a course and met the adequately necessary assessment criteria. The certificate will indicate hours of CPD. For accredited courses, the Awarding Organization (“AO”) will issue the appropriate certificate and transcripts.

  2. PAYMENT

    1. The applicant shall pay the entirety of the fees for a workshop / course more fully set out in the BHARCS Website (the “Tuition Fee”) to the Specialist, along with this completed and signed application for enrolment. The Tuition Fee is non-refundable except in accordance with paragraph 3.

  3. CANCELLATION AND RESCHEDULING

    1. The Specialist may cancel a workshop at any time up to 7 (seven) days prior to the commencement of the workshop (the “Workshop Date”). If the Specialist cancels the workshop, then the Tuition Fee paid shall be refunded to the applicant.

    2. The applicant may cancel the registration for the workshop up to 15 (fifteen) days prior to the Workshop Date. If the applicant cancels the registration for workshop 15 (fifteen) days prior to the course date 50% (fifty percent) of the Tuition Fee shall be refunded. There shall be no refund of the workshop fee for any cancellation later than 15 (fifteen) days prior to the Workshop Date.

    3. The Specialist may reschedule Workshops at any time up to 14 (fourteen) days prior to the Course Date. If the Specialist reschedules the workshop, the applicant may choose to attend the workshop on the rescheduled date, or find a slot on a future Workshop Date or claim a refund of 50% (fifty percent) of the Tuition Fee, if paid.

    4. If the applicant has been unable to attend the Workshop, the applicant may check with the Specialist for available seats in future Workshop Dates that might open up due to cancellations. A seat cannot be guaranteed. In case a seat is not available, the Tuition fee, if paid by the applicant, shall be forfeited by the applicant

    5. If the applicant registers for the Workshop and does not cancel the Workshop, but in any event does not attend the Workshop, then the Specialist shall retain the full Tuition Fee.

  4. LIABILITY

    1. The Specialist shall have no liability to the applicant for any claim in respect of the dog accompanying the applicant.

    2. The Specialist shall not be responsible to the Applicant in the event that the Workshop cannot be conducted due to a Force Majeure Event. For purposes of this paragraph 4.2, a ‘Force Majeure Event’ shall mean an act beyond the reasonable control of the Specialist, which shall include but not be limited to acts of God, riots, acts of war, riot, epidemics, earthquakes, or other natural or man made disasters, strikes or other industrial action, failure of telecommunication services, governmental regulations, actions of any government or public body or power failure(s). In the event that the Specialist is prevented from running a Workshop due to a Force Majeure Event, the Specialist shall take reasonable steps to try and provide the Workshop to the applicant as soon as is reasonably practicable.

    3. The Specialist makes no representations or warranties, express or implied, as to the accuracy or effectiveness of the Workshops and Courses. EXCEPT AS SPECIFICALLY PROVIDED IN THIS APPLICATION FOR ENROLMENT, THE BHARCS WEBSITE, THE COURSE CONTENT AND MATERIALS AND METHODS OF CONDUCTING THE COURSE (THE “BHARCS CONTENT”), THE BHARCS CONTENT IS PROVIDED “AS IS,” WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF PERFORMANCE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY, OMISSIONS, COMPLETENESS, CURRENTNESS AND DELAYS. IN NO EVENT SHALL BANGALORE HUNDESKOLE (“BH”) OR BHARCS BE LIABLE TO THE APPLICANT FOR ANY CLAIM(S) RELATING IN ANY WAY TO (i) THE APPLICANT’S INABILITY OR FAILURE TO PERFORM THE ACTIVITIES PRESENTED IN THE BHARCS CONTENT PROPERLY OR COMPLETELY, EVEN IF ASSISTED BY THE SPECIALIST, OR ANY DECISION MADE OR ACTION TAKEN BY THE APPLICANT IN RELIANCE UPON THE BHARCS CONTENT; OR (ii) THE APPLICANT’S MISUSE OR WRONGFUL USE OF THE BHARCS CONTENT AND/OR WRONGFUL PRACTICE OF THE PROFESSION OF CANINE BEHAVIOUR COUNSELLING DURING ALL OF BHARCS COURSES AND PURSUANT TO RECEIPT OF THE CERTIFICATE (ii) ANY LOST PROFITS OR OTHER CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, INDIRECT OR SPECIAL DAMAGES RELATING IN WHOLE OR IN PART TO THE APPLICANT’S USE OF, OR INABILITY TO USE, THE BHARCS CONTENT EVEN IF BHARCS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. BHARCS MAKES NO WARRANTY THAT ACCESS TO THE BHARCS CONTENT WILL BE UNINTERRUPTED, SECURE, COMPLETE OR ERROR FREE. NOR DOES BHARCS MAKE ANY WARRANTY AS TO THE LIFE OF THE BHARCS CONTENT. THE APPLICANT ACKNOWLEDGES THAT PROVIDING THE BHARCS CONTENT ENTAILS THE LIKELIHOOD OF SOME HUMAN AND MACHINE ERRORS, DELAYS, INTERRUPTIONS AND LOSSES, INCLUDING THE INADVERTENT LOSS OF CONTENT OR DAMAGE TO MEDIA. To the extent permitted by applicable law for the time being in force, BHARCS expressly excludes all conditions, warranties and other terms, which might otherwise be implied by statute, common law or the law of equity.

    4. The Specialist shall have no liability whatsoever with respect to the appropriateness of the Workshop to the applicant in respect of their physical capability.

    5. Whilst every effort shall be made to help and improve the well being of the applicant, the Specialist shall have no liability for any accident, injury or illness arising from the Course and/or Workshops.

    6. The applicant forever releases BH, BHARCS, its employees, agents and any other person claiming through or under BH & BHARCS from any and all liability, claims and demands which the applicant, their legal heirs, assignees, representatives or any person claiming through or under them may have or may hereafter have in relation to the 101 Course, and assume all risks thereof.

  5. INTELLECTUAL PROPERTY

    1. The applicant acknowledges that, as between the applicant and BH, BH is the sole, exclusive and perpetual owner of all of the Intellectual Property. For purposes of this paragraph 5.1, ‘Intellectual Property’ shall mean the Educational content, Confidential Information, all trade names, service marks, motifs, logos, texts, graphics, registered designs, domain names and utility models, content of the BHARCS Website organisation, BHARCS Portal and layout of the BHARCS owned Websites, BHARCS Portal and other the software used in relation to the BHARCS Website and BHARCS Portal, copyrights, inventions, brand names, database rights, know-how, information and any similar rights situate in any country and the benefit (subject to the burden) of any of the foregoing (in each case whether registered or unregistered and including applications for the grant of any of the foregoing and the right to apply for any of the foregoing in any part of the world). ‘Confidential Information’ shall include but is not limited to the BHARCS Content, technical and commercial information, BH’s methodology for promoting its services, financial arrangements, competitive status, pricing policies, knowledge of suppliers, technical capabilities, discoveries, algorithms, concepts, designs, drawings, specifications, techniques, models, data, technical manuals, training guides and manuals, research and development materials, processes, procedures, know-how and other business affairs relating to BH. Except to the extent set out in paragraph 5.3 and subject to the terms and upon the conditions set out in paragraph 5.3, the applicant shall have no right and/or claim whatsoever on the Intellectual Property.

    2. The applicant shall be aware that when the applicant is accessing the BHARCS Website or BHARCS Portal, the applicant may be directed, by selecting links, to other websites that are beyond the control BH. There may be links to other websites from BH that take you outside of the BHARCS Website or BHARCS Portal. BH does not endorse the content found on such third-party websites. The applicant shall assume sole responsibility for the applicant’s use of third-party links and pointers. All other intellectual property designated as such on the BHARCS Website or BHARCS Portal are the intellectual property of their respective owners and the applicant shall require their specific authorization should the applicant wish to use any of the intellectual property. Upon receipt of Professional Certificates from BHARCS (Canine Essential 101 is not a professional course and participants will not be issued any professional certificates after this particular course), the applicant may be granted a non-exclusive, non-transferable, limited license to access the Intellectual Property for purposes of practicing the profession of canine behaviour consultancy only (the “Licensed Content”) at the discretion of and with the prior written consent of BH and which license may be revoked at any time by BH. The applicant shall not sublicense, transfer or otherwise make available any Licensed Content to any third party for purposes not authorized by BH including but not limited to commercial purposes or financial gain or use the Licensed Content in any other media or in any other location. The applicant shall not alter or modify the Licensed Content in any way. The applicant shall not copy, download, store, publish, transmit, transfer, sell, republish, upload, distribute, or otherwise use the Licensed Content, or any portion of the Licensed Content, in any form or by any means, except as expressly permitted by BHARCS in writing. The applicant shall not sell, license or distribute the Licensed Content to third parties or use Licensed Content as a component of or as a basis for any material offered for sale, license or distribution. The Licensed Content shall not be stored or used in an archival database or other searchable database except as expressly permitted by BH.

  6. MISCELLANEOUS

    1. This contents of this application for enrolment contains the entire agreement of BH and the applicant with respect to the subject matter hereof, and supersedes and all prior agreements relating to the subject matter hereof. It may be changed, modified and amended only by an instrument in writing signed by BH and the applicant.

    2. Any notice required or permitted to be given in relation to the Course in particular and this application for enrolment in general shall be sufficient if the same is in writing and sent by electronic mail by the applicant, addressed to learn@bharcs.com or quality@bharcs.com.

    3. All claims, controversies, disputes or differences between BH and the applicant, arising out of or in connection with or in relation to the Course in particular and this application for enrolment in general shall be subject to the jurisdiction of the Courts at Bangalore, Karnataka, India.

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Last updated : 20 Jan 2020 by Sindhoor Pangal

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