THESE TERMS AND CONDITIONS APPLY TO ALL CUSTOMERS OR STUDENTS USING OR ACCESSING THE WEBSITE, THE ONLINE MASTERCLASS COURSE AND THE SERVICES. YOUR ACCESS TO THE WEBSITE IS CONDITIONAL UPON YOUR ACCEPTANCE AND COMPLIANCE WITH THE TERMS, CONDITIONS, NOTICES AND DISCLAIMERS CONTAINED IN THESE CONDITIONS AND ELSEWHERE ON THE WEBSITE (COLLECTIVELY REFERRED TO AS Tom Horn trading as TOM THUM (“TOM THUM”).)

WARNING

The information, Content and materials published on the Website provides general information only and is not intended to provide formal training or provide formal qualifications.. TOM THUM does not recommend that you use Content from the Website to base any legal argument and you should make your own inquires and obtain independent advice tailored to your specific circumstances. Some Content on this Website may include or summarise views, standards or recommendations of third parties and the information provided can be the personal opinion of the Content author which may be incomplete or wrong.

1. Content

1.1      All text, graphics, user interfaces, visual interfaces, photographs, trademarks, logos, sounds, music, artwork and computer code (collectively known as “Content”), including but not limited to the design, structure, selection, coordination, expression, ‘look and feel’ and arrangement of such Content, contained on the Website is owned, controlled or licensed by or to TOM THUM, and is protected by copyright, patent and trademark laws, and various other intellectual property rights and unfair competition laws. TOM THUM has made all reasonable attempts to request usage authorisation for any Third Party content included on the Website.

1.2       You must not disclose, transfer, duplicate, reproduce, retain for a purpose other than that for which it was first acquired, sell or reuse any information supplied by TOM THUM regardless of the form in which that information was supplied and, in particular, you must not do any of those acts with respect to the information contained in hardcopy or any storage media, of whatever type, nature and description.

1.3       You must not copy any information or Content provided by the Website to another file unless otherwise provided to you through the Website. On occasion, TOM THUM may provide approval for individuals/groups to download Masterclass Module(s) or the entirety of the Masterclass. Pre-approval from TOM THUM is required before the download of Masterclass material can commence. Where access to TOM THUM permits you to print information, you agree:

1. a)         Not to transfer, retransmit, duplicate or resell any content from the Website to any third party without the prior written approval of TOM THUM.
2. b)         Not to combine this information with any other information with the objective of offering it on-line or in any other way to third parties without prior written approval of TOM THUM.

1.4      TOM THUM does not, nor does any other party who provides Content to this Website make any warranty as to the accuracy, completeness or currency of the Content. As a user of this Website, you are required to make your own enquiries before entering into any transaction or legal argument on the basis of or in reliance upon the Content. To the extent permitted by law, TOM THUM and its employees, officers, agents, third-party contributors and contractors exclude all liability for any loss or damage (including without limitation, indirect, special or consequential loss or damage) arising from the use of, or reliance upon the Content whether or not this is caused by a negligent act or omission.  

1.5      Except as expressly provided, no part of the Website or Content may be modified, copied, reproduced, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted or distributed in any way  to any other computer, server, website or other medium for publication or distribution or for any commercial enterprise, without TOM THUM’s express prior written consent. You must not use the Website in any manner or for any purpose which is unlawful or in any manner which violates any rights of TOM THUM or any other party or which is prohibited by the Terms of Use. Nothing contained on the Website should be construed as granting any license or right of use of any trademark displayed on the Website without the express written permission of TOM THUM, the relevant third-party owner or rights holder.

1.6      TOM THUM and each party providing Content to the Website are limited in its liability to the extent permitted by law, to the resupply of the Content. TOM THUM does not accept responsibility for any liability in respect of access to other content through the use of this Website.

1.7      TOM THUM reserves the right to add or withdraw any of its Services and/or Online Masterclass Module(s) and modify or otherwise improve the Services and/or Online Masterclass Module(s) without notice. TOM THUM reserves the right to change any and all Online Masterclass Module(s) rates, documentation prices, fees and any other prices or other conditions in respect of TOM THUM Services and Online Masterclass Module(s) at any time and all such changes shall be effective immediately.

1.8      Links provided to other internet sites are provided for the user’s convenience and do not constitute endorsement of information at those sites. TOM THUM accepts no responsibility for material contained in any website that is linked from this Website. Such links are included on the website to provide additional educational resources, and are in no way affiliated with TOM THUM, the Website, its content or any of the Masterclass Module(s). 

2. Your Use of the Website

2.1      You must not attempt to gain unauthorised access to any portion or feature of the Website, or any other systems or networks connected to the Website or to TOM THUM servers, or to any other Services or Online Masterclass Module(s) offered on or through the Website by hacking or any other illegitimate means.

2.2      The Content of the Online Masterclass Module(s), including copyright and all other such intellectual property rights contained therein, remain the property of TOM THUM.

2.3      You must not provide your access or log-in details for any Services or Online Masterclass Module(s) to any other party for their use.  You indemnify TOM THUM for any loss or damage suffered by TOM THUM as a result of you providing any log-in or access details for the Services to any party for their use.

2.4      You must not scan or test the vulnerability of the Website or any network connected to the Website, nor breach the security or authentication measures on the Website or any network connected to the Website.

2.5      You must not trace or seek to trace any information of any user or customer of TOM THUM, including any TOM THUM account not owned by you to its source. You may not exploit the Website, the Content, or any service or information made available or offered by or through the Website in any way where the purpose is to reveal any information, including but not limited to personal identification or information, as provided for by the Website.

2.6      You agree that you will not take any action that imposes an unreasonably large burden on the infrastructure of the Website or TOM THUM’s systems or networks, or any systems or networks connected to the Website or to TOM THUM.

2.7      You agree not to use any device, software or routine to interfere or attempt to interfere with the proper working of the Website or any transaction being conducted on the Website, or with any other person’s use of the Website.

2.8      You must not forge headers or otherwise manipulate identifiers in order to disguise the origin of any message or transmittal you send to TOM THUM on or through the Website or any Service offered on or through the Website. You must not pretend that you are or that you represent, someone else, or impersonate any other individual or entity.

2.9      You must not use the Website or any Content for any purpose that is unlawful or prohibited by these Terms of Use, or to solicit the performance of any illegal activity or other activity which infringes the rights of TOM THUM or others.

3. Price and Rates

3.1      You agree to pay the Online Masterclass Module(s) fees stated on the Website using the payment method selected within the Order Form.

3.2      Prices for the TOM THUM Online Masterclass Module(s) are subject to change without notice.

3.3      TOM THUM reserve the right at any time to modify or discontinue the Service or Online Masterclass (or any part or Content thereof) without notice at any time.

3.4      TOM THUM shall not be liable to you or to any third-party for any modification, price change, suspension or discontinuance of the Service or Online Masterclass Module(s).

3.5       All fees payable to TOM THUM under these Terms of Use, when paid, are non-refundable, even if you stop using the Services for any reason or do not start or complete the Online Masterclass Module(s).

3.6       Coupon codes or Voucher codes have the following conditions of use:

(a)       Not redeemable for cash.

(b)       Valid for one (1) use only per person.

(c)        Coupon codes cannot be added retrospectively; coupon codes must be used at the checkout when completing the Order Form.

(d)       Coupons/vouchers cannot be shared either privately or publicly to any other individuals or groups without the prior written consent of TOM THUM.

4. Disclaimers

4.1      TOM THUM makes no representations or warranties of any kind, express or implied, as to the operation of this Website or the information, content, materials, or products included on this Website. You expressly agree that your use of this Website is at your own risk. TOM THUM makes no statement as to the completeness or accuracy of the Content comprised in the Website or Services or as to its fitness for use for any unknown purpose.

4.2      To the full extent permissible by applicable law, TOM THUM disclaims all warranties, express or implied, TOM THUM does not warrant that its Website, its servers, or email sent from TOM THUM are free of viruses or other harmful components. TOM THUM will not be liable for any damages of any kind arising from the use of this Website, including, but not limited to direct, indirect, incidental, loss of profits, punitive, and consequential damages.

4.3      You assume total responsibility for your use of the Website. Your sole remedy against TOM THUM for dissatisfaction with the Website or any content is to stop using the Website or any such content. This limitation of relief is a part of the bargain between the parties.

4.4      The above disclaimer applies to, but is not limited to, any damages, liability or injuries caused by any failure of performance, error, omission, interruption, deletion, defect, delay in operation or transmission, computer virus, communication line failure, theft or destruction of or unauthorised access to, alteration of, or use, whether for breach of contract, tort, negligence or any other cause of action.

4.5      TOM THUM reserves the right to do the following, at any time, without notice:
a)         Modify, suspend or terminate operation of or access to the Website, or any portion of the Website, for any reason;

1. b)         Modify or change the Website, or any portion of the Website (including the Content), including prices, and any applicable policies or terms; and
2. c)         To interrupt the operation of the Website, or any portion of the Website, as necessary to perform routine or non-routine maintenance, error correction, or other changes.

4.6       In the case of services supplied or offered by TOM THUM, liability for breach of any implied warranty or condition, which cannot be excluded, is limited to the provision of the services again. 

4.7      To the fullest extent permitted by Law, all other warranties are excluded, and TOM THUM expressly disclaims all warranties:
a)         that the Website and Content will meet your requirements;

b)         that the Website and Content will give you any formal qualification/s.
c)         that the Website and Content will be error-free;
d)         that the Website will function in an uninterrupted manner, be available 24 hours a day, 7 days a week, or be fully secure; and
e)          that any Content on the Website will be accurate, reliable or secure.

5. Indemnity

5.1      You must indemnify and hold harmless TOM THUM or its employee’s contractors, and third-party Content providers and keep them indemnified against all loss, actions, proceedings, costs, expenses (including legal fees), claims and damages arising from: 

1. a) any breach by you of these Terms of Use; or
2. b) reliance by you on any information obtained through the TOM THUM Website.
3. Default

If there is a breach of any of these Terms of Use then:

1. a)         All monies payable by you to TOM THUM will at TOM THUM’s election become immediately due and payable notwithstanding that the specified period for payment may not yet have expired.
2. b)         TOM THUM may withhold the delivery of Services already ordered by you and is at liberty to suspend the Services to be provided to you pursuant to this Agreement should you default on of these Terms of Use.
3. c)         In the event of a suspension of your account TOM THUM is not liable to refund any monies or credit your account with respect to the time you remain in breach of these Terms of Use for the Services that ought to have been provided to you if you not been in breach of these Terms of Use.
4. d)          TOM THUM may charge to you all monies, costs, charges and expenses (including legal costs on an indemnity basis) of any attempt made by or on behalf of TOM THUM to recover payment of any monies owing by you to TOM THUM or to secure any indebtedness or liability by you to TOM THUM notwithstanding that no demand has been made by TOM THUM for payment by you. 
5. Entire Agreement

These Terms of Use, price lists and other notices provided to you in any printed form or otherwise published by TOM THUM, including revisions thereto, constitute the entire agreement as to the subject matter hereof.

8.         Acceptance of Agreement    

These Terms of Use are not binding upon TOM THUM until accepted by it. TOM THUM hereby reserves the right to terminate this Agreement, with or without reason, in which event it shall be obliged to refund at any time, the unearned portion of any consideration paid by you under this Agreement.

9. Customer Warranty and Indemnity

You warrant with respect to the information supplied that all requirements of the Privacy Act as to content security, access, disclosure and use, have or will be complied with in full.

10. Laws to Govern

Unless varied by notice by TOM THUM that this Agreement and all matters arising from the relationship of TOM THUM and are interpreted and governed in accordance with the laws of the State of Queensland notwithstanding that the goods and services may be delivered outside the state of Queensland, Australia. You submit to the exclusive jurisdiction of Queensland, Australia.

11. Definitions

Party/Parties means any party to these Terms of Use including You and TOM THUM.

Privacy Act means Privacy Act 1988 (Cth) and the Information Privacy Act (Qld) 2009

Privacy Policy means the privacy policy as set out in these Terms of Use.

Privacy Principles means the National Privacy Principles under the Privacy Act 1988 (Cth) and the Privacy and Information Privacy Act (Qld) 2009

Order Form means the order form completed by you regarding the purchase of the Services or Online Masterclass Module(s).

Online Masterclass Module(s) means any Content provided through the Website as purchased in the Order Form.

TOM THUM means Tom Horn trading as TOM THUM (“TOM THUM”).)

Service means the services provided under the Website including the provision of Online Masterclass Module(s) and associated Content.

Terms of Use means these terms of use of the Website as varied from time to time.

12. Miscellaneous

12.1    No right under these Terms of Use will be deemed to be waived except by notice in writing signed by the party to be bound.

12.2    No agreement or document having as its purpose or effect the variation, extension or deletion of any of the terms and conditions on these Terms of Use will be binding unless in writing signed by each Party except as provided by this clause. For the avoidance of doubt, written acceptance includes email and online notification of a Party’s acceptance.

12.3    You may not assign your rights or obligations under these Terms of Use without the prior written consent of TOM THUM. TOM THUM may assign its rights under these Terms of Use or any part of these Terms of Use, or any right or obligation under these Terms of Use, without notice to or your consent.

12.4    You warrant that you have not relied on any representation made by TOM THUM which has not been expressly stated in these Terms of Use or upon the descriptions or allusions or specifications contained in any document including any catalogue or other material produced or made available by TOM THUM.

12.5    TOM THUM will not be liable for any failure to perform or delay in performing its obligations if the failure or delay results from circumstances beyond the control of TOM THUM (whether happening in the Commonwealth of Australia or elsewhere, including acts of God, refusal of licence, refusal or revocation of any telecommunications organisation’s consent in respect of data communication equipment, government act, fire, explosion, accident, strike, industrial dispute, civil commotion or impossibility of obtaining material and/or data).

12.6    If the whole or any part of a provision of these Terms of Use are void, unenforceable or illegal in a jurisdiction it is severed for that jurisdiction. The remainder of these Terms of Use have full force and effect and the validity or enforceability of that provision in any other jurisdiction is not affected. This clause has no effect if the severance alters the basic nature of these Terms of Use or is contrary to public policy.

12.7    Nothing contained or implied in these Terms of Use constitutes one Party the partner, agent, or legal representative of the other Party for any purpose or creates any partnership, agency or trust, and neither Party has any authority to bind the other Party in any way.

12.8    The rights and remedies provided in these Terms of Use are in addition to other rights and remedies given by law independently of these Terms of Use.

12.9    These Terms of Use constitute the entire agreement of the Parties about its subject matter and supersedes all previous agreements, understandings and negotiations on that subject matter.

12.10 These Terms of Use constitute the entire agreement of the Parties about its subject matter and supersedes all previous agreements, understandings and negotiations on that subject matter.