Terms and Conditions
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”).)
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.
1.1 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:
- 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.
- 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.
1.6 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).
- 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.
- 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).
3.6 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.
4.1 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;
- b) Modify or change the Website, or any portion of the Website (including the Content), including prices, and any applicable policies or terms; and
- 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.
5.1 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:
- b) reliance by you on any information obtained through the TOM THUM Website.
- 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.
- 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.
- Entire Agreement
- Acceptance of Agreement
- 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.
- 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.
Privacy Act means Privacy Act 1988 (Cth) and the Information Privacy Act (Qld) 2009
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.
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).
1.1 TOM THUM holds personal information regarding the users of the Services and under the Website and is bound by the National Privacy Principles under the Privacy Act 1988 (Cth) and the Privacy and Information Privacy Act (Qld) 2009.
1.2 TOM THUM has the following policies in relation to the above Privacy Principles:
- a) Collection – We will not store personal information unless it is necessary for one or more of our functions or activities. The information will be collected lawfully and fairly, and not in an unreasonably intrusive way.
- b) Use and Disclosure – We will not use or disclose personal information of users of the Website other than for the purpose disclosed at the time of collection. If another use is proposed, we will seek further consent, unless that other purpose is related to the original purpose of collection.
- c) Data Quality – We take all reasonable steps to ensure that the personal information we collect, use or disclose is accurate, complete and up to date. When the information is no longer needed, we take reasonable steps to destroy personal information.
- d) Data Security – We use industry-standard security and encryption to protect all data including the personal information we hold from misuse and loss, and from unauthorised access, modification or disclosure.
1.3 We may collect personal information about you from a combination of sources including directly from you, from third parties or from publicly available sources.
1.4 If it is reasonable and practical to do so, we will collect personal information directly from you. This will include contact details and other information relevant to providing Services to you. This may take place in a number of ways, such as:
- a) when you sign up for Online Masterclass Module(s) or Services
b) order an Online Masterclass Module(s) or Service from us;
c) subscribe to a newsletter;
d) complete a form on our Website;
e) when you provide us with corrected or updated information about you.
1.5 We may also collect personal information from the third parties such as your representatives and/or publicly available sources of information.
1.6 We will not collect any sensitive information from you, revealing your: race, ethnic origin, political opinions, religious or philosophical beliefs, trade union memberships or details of health or disability.
1.7 We will not collect personal information unless the information is reasonably necessary for or directly related to one, or more of our functions or activities. If we are unable to collect the personal information we reasonably require, we may not be able to do business with you or the organisation with which you are connected.
- Collection use and disclosure of personal information
2.1 All personal information that we or our related bodies corporate collect, is reasonably necessary for the purposes relating to providing our services to you.
2.2 We will only use personal information about you for the primary purpose of providing our services to you including sending you information about new developments, products, services and special offers by post, telephone or any form of electronic communication. We may use any email address or other personal information you provide to us at any time for this purpose.
2.4 We may provide certain information about you including your personal information to our related bodies corporate.
- Your consent
- Storage and security
4.1 We will use all reasonable endeavours to keep your personal information in a secure environment, however, this security cannot be guaranteed. Your use of our Website and the electronic storage of your personal information is secured by practices and procedures which we consider are consistent with Australian industry standards. All orders placed online using a credit card are covered by SSL security technology to protect customer details. These security measures are designed to ensure your personal information is not subject to unauthorised access, loss or misuse. If you reasonably believe that there has been unauthorised use or disclosure of your personal information, please contact us (see contact us below).
4.2 If we no longer need your personal information, unless we are required under Australian law or a court or tribunal order to retain it, we will take reasonable steps to destroy or de-identify your personal information, in accordance with our document and information retention policy.
- Variation and consent to variation
- Accuracy of your information
We take all reasonable steps to ensure that your personal information held by us is accurate, up-to-date, complete, relevant and not misleading. If you believe that any of your personal information is not accurate, up-to-date, complete, relevant and not misleading, please contact us (see contact us below) and we will take all reasonable steps to correct it within a reasonable time.
- Access to information we hold about you
7.1 You may request to access the personal information we hold about you. We will endeavour to respond to any such request within a reasonable period of time and, where reasonable and practicable, give access to the information in the manner you request. This will be subject to any exemptions allowed under the privacy legislation. You may request this information by writing to the Privacy Officer (see contact us below).
7.2 We may charge a reasonable fee for providing that information.
- Complaints or Disputes
8.1 If you have a complaint about our treatment of your personal information, please contact our privacy officer (see contact us below). Our Privacy Officer will consider and if, in our reasonable opinion, necessary, investigate your complaint and endeavour to respond to you within a reasonable period of time.
8.2 If we do not adequately answer your concerns, you have the right to make a complaint to the Office of the Australian Information Commissioner.
- Contact Us