Website Terms and Conditions of Use
1. About the Website
1.1. Welcome to tmrutherford.com.au (the ‘Website’). The Website (the ‘Services’).
1.2. The Website is operated by TMRutherford (ABN 88 003 156 363). Access to and
use of the Website, or any of its associated Products or Services, is provided by
TMRutherford. Please read these terms and conditions (the ‘Terms’) carefully. By
using, browsing and/or reading the Website, this signifies that you have read,
understood and agree to be bound by the Terms. If you do not agree with the
Terms, you must cease usage of the Website, or any of Services, immediately.
1.3. TMRutherford reserves the right to review and change any of the Terms by
updating this page at its sole discretion. When TMRutherford updates the Terms,
it will use reasonable endeavours to provide you with notice of updates to the
Terms. Any changes to the Terms take immediate effect from the date of their
publication. Before you continue, we recommend you keep a copy of the Terms
for your records.
2. Acceptance of the Terms
You accept the Terms by remaining on the Website. You may also accept the Terms
by clicking to accept or agree to the Terms where this option is made available to you
by TMRutherford in the user interface.
3. Copyright and Intellectual Property
3.1. The Website, the content and all of the related products of TMRutherford are
subject to copyright. The material on the Website is protected by copyright under
the laws of Australia and through international treaties. Unless otherwise
indicated, all rights (including copyright) in the content and compilation of the
Website (including but not limited to text, graphics, logos, button icons, video
images, audio clips, Website, code, scripts, design elements and interactive
features) or the content are owned or controlled for these purposes, and are
reserved by TMRutherford or its contributors.
3.2. All trademarks, service marks and trade names are owned, registered and/or
licensed by TMRutherford, who grants to you a worldwide, non-exclusive, royaltyfree,
revocable license whilst you are a Member to:
(a) use the Website pursuant to the Terms;
(b) copy and store the Website and the material contained in the Website in
your device’s cache memory; and
(c) print pages from the Website for your own personal and non-commercial
TMRutherford does not grant you any other rights whatsoever in relation to the
Website or the content. All other rights are expressly reserved by TMRutherford.
3.3. TMRutherford retains all rights, title and interest in and to the Website and all
related content. Nothing you do on or in relation to the Website will transfer any:
(a) business name, trading name, domain name, trade mark, industrial design,
patent, registered design or copyright, or
(b) a right to use or exploit a business name, trading name, domain name,
trade mark or industrial design, or
(c) a thing, system or process that is the subject of a patent, registered design
or copyright (or an adaptation or modification of such a thing, system or
3.4. You may not, without the prior written permission of TMRutherford and the
permission of any other relevant rights owners: broadcast, republish, up-load to a
third party, transmit, post, distribute, show or play in public, adapt or change in
any way the content or third party content for any purpose, unless otherwise
provided by these Terms. This prohibition does not extend to materials on the
Website which are freely available for re-use or are in the public domain.
TMRutherford takes your privacy seriously and any information provided through your
is available on the Website.
5. General Disclaimer
5.1. Nothing in the Terms limits or excludes any guarantees, warranties,
representations or conditions implied or imposed by law, including the Australian
Consumer Law (or any liability under them) which by law may not be limited or
5.2. Subject to this clause 5, and to the extent permitted by law:
(a) all terms, guarantees, warranties, representations or conditions which are
not expressly stated in the Terms are excluded; and
(b) TMRutherford will not be liable for any special, indirect or consequential
loss or damage (unless such loss or damage is reasonably foreseeable
resulting from our failure to meet an applicable Consumer Guarantee), loss
of profit or opportunity, or damage to goodwill arising out of or in connection
with the content or these Terms (including as a result of not being able to
use the content or the late supply of the content), whether at common law,
under contract, tort (including negligence), in equity, pursuant to statute or
5.3. Use of the Website and the content is at your own risk. Everything on the
Website and the content is provided to you “as is” and “as available” without
warranty or condition of any kind. None of the affiliates, directors, officers,
employees, agents, contributors and licensors of TMRutherford make any
express or implied representation or warranty about the content or any products
or content (including the products or content of TMRutherford) referred to on the
Website. This includes (but is not restricted to) loss or damage you might suffer
as a result of any of the following:
(a) failure of performance, error, omission, interruption, deletion, defect, failure
to correct defects, delay in operation or transmission, computer virus or
other harmful component, loss of data, communication line failure, unlawful
third party conduct, or theft, destruction, alteration or unauthorised access
(b) the accuracy, suitability or currency of any information on the Website, the
content, or any of its content related products (including third party material
and advertisements on the Website);
(c) costs incurred as a result of you using the Website, the content or any of
the products of TMRutherford; and
(d) the content or operation in respect to links which are provided for your
6. Limitation of liability
6.1. TMRutherford’s total liability arising out of or in connection with the content or
these Terms, however arising, including under contract, tort (including
negligence), in equity, under statute or otherwise, will not exceed the resupply of
the content to you.
6.2. You expressly understand and agree that TMRutherford, its affiliates, employees,
agents, contributors and licensors shall not be liable to you for any direct,
indirect, incidental, special consequential or exemplary damages which may be
incurred by you, however caused and under any theory of liability. This shall
include, but is not limited to, any loss of profit (whether incurred directly or
indirectly), any loss of goodwill or business reputation and any other intangible
6.3. You acknowledge and agree that TMRutherford holds no liability for any direct,
indirect, incidental, special consequential or exemplary damages which may be
incurred by you as a result of providing Your Content to the Website.
7. Termination of Contract
7.1. If you want to terminate the Terms, you may do so by providing TMRutherford
with days’ notice of your intention to terminate by sending notice of your intention
to terminate to TMRutherford via the ‘Contact Us’ link on our homepage.
7.2. TMRutherford may at any time, terminate the Terms with you if:
(a) you have breached any provision of the Terms or intend to breach any
(b) TMRutherford is required to do so by law;
(c) TMRutherford is transitioning to no longer providing the Services to
Members in the country in which you are resident or from which you use
the service; or
(d) the provision of the Services to you by TMRutherford, is in the opinion of
TMRutherford, no longer commercially viable.
7.3. Subject to local applicable laws, TMRutherford reserves the right to discontinue
or cancel your membership at any time and may suspend or deny, in its sole
discretion, your access to all or any portion of the Website or the Services without
notice if you breach any provision of the Terms or any applicable law or if your
conduct impacts TMRutherford’s name or reputation or violates the rights of
those of another party.
7.4. When the Terms come to an end, all of the legal rights, obligations and liabilities
that you and TMRutherford have benefitted from, been subject to (or which have
accrued over time whilst the Terms have been in force) or which are expressed
to continue indefinitely, shall be unaffected by this cessation, and the provisions
of this clause shall continue to apply to such rights, obligations and liabilities
8.1. You agree to indemnify TMRutherford, its affiliates, employees, agents,
contributors, third party content providers and licensors from and against:
(a) all actions, suits, claims, demands, liabilities, costs, expenses, loss and
damage (including legal fees on a full indemnity basis) incurred, suffered or
arising out of or in connection with Your Content;
(b) any direct or indirect consequences of you accessing, using or transacting
on the Website or attempts to do so; and/or
(c) any breach of the Terms.
9. Dispute Resolution
If a dispute arises out of or relates to the Terms, either party may not commence any
Tribunal or Court proceedings in relation to the dispute, unless the following clauses
have been complied with (except where urgent interlocutory relief is sought).
A party to the Terms claiming a dispute (‘Dispute’) has arisen under the Terms, must
give written notice to the other party detailing the nature of the dispute, the desired
outcome and the action required to settle the Dispute.
On receipt of that notice (‘Notice’) by that other party, the parties to the Terms
(a) Within 14 days of the Notice endeavour in good faith to resolve the Dispute
expeditiously by negotiation or such other means upon which they may
(b) If for any reason whatsoever, 7 days after the date of the Notice, the
Dispute has not been resolved, the Parties must either agree upon
selection of a mediator or request that an appropriate mediator be
appointed by the President of the Australian Mediation Association or his or
(c) The Parties are equally liable for the fees and reasonable expenses of a
mediator and the cost of the venue of the mediation and without limiting the
foregoing undertake to pay any amounts requested by the mediator as a
pre-condition to the mediation commencing. The Parties must each pay
their own costs associated with the mediation;
(d) The mediation will be held in Queensland, Australia.
All communications concerning negotiations made by the Parties arising out of and in
connection with this dispute resolution clause are confidential and to the extent
possible, must be treated as “without prejudice” negotiations for the purpose of
applicable laws of evidence.
9.5. Termination of Mediation:
If 2 weeks have elapsed after the start of a mediation of the Dispute and the Dispute
has not been resolved, either Party may ask the mediator to terminate the mediation
and the mediator must do so.
10. Venue and Jurisdiction
The Services offered by TMRutherford is intended to be viewed by residents of
Australia. In the event of any dispute arising out of or in relation to the Website, you
agree that the exclusive venue for resolving any dispute shall be in the courts of
11. Governing Law
The Terms are governed by the laws of Queensland, Australia. Any dispute,
controversy, proceeding or claim of whatever nature arising out of or in any way
relating to the Terms and the rights created hereby shall be governed, interpreted and
construed by, under and pursuant to the laws of Queensland, Australia, without
reference to conflict of law principles, notwithstanding mandatory rules. The validity of
this governing law clause is not contested. The Terms shall be binding to the benefit of
the parties hereto and their successors and assigns.
12. Independent Legal Advice
Both parties confirm and declare that the provisions of the Terms are fair and
reasonable and both parties having taken the opportunity to obtain independent legal
advice and declare the Terms are not against public policy on the grounds of inequality
or bargaining power or general grounds of restraint of trade.
If any part of these Terms is found to be void or unenforceable by a Court of competent
jurisdiction, that part shall be severed and the rest of the Terms shall remain in force.
1. We respect your privacy
1.1. TMRutherford respects your right to privacy and is committed to safeguarding
the privacy of our customers and website visitors. We adhere to the
Australian Privacy Principles contained in the Privacy Act 1988 (Cth). This
policy sets out how we collect and treat your personal information.
1.2. “Personal information” is information we hold which is identifiable as being
2. Collection of personal information
2.1. TMRutherford will, from time to time, receive and store personal information
you enter onto our website, provided to us directly or given to us in other
2.2. You may provide basic information such as your name, phone number,
address and email address to enable us to send information, provide updates
and process your product or service order. We may collect additional
information at other times, including but not limited to, when you provide
feedback, when you provide information about your personal or business
affairs, change your content or email preference, respond to surveys and/or
promotions, provide financial or credit card information, or communicate with
our customer support.
2.3. Additionally, we may also collect any other information you provide while
interacting with us.
3. How we collect your personal information
3.1. TMRutherford collects personal information from you in a variety of ways,
including when you interact with us electronically or in person, when you
access our website and when we provide our services to you. We may receive
personal information from third parties. If we do, we will protect it as set out in
4. Use of your personal information
4.1. TMRutherford may use personal information collected from you to provide you
with information, updates and our services. We may also make you aware of
new and additional products, services and opportunities available to you. We
may use your personal information to improve our products and services and
better understand your needs.
4.2. TMRutherford may contact you by a variety of measures including, but not
limited to telephone, email, sms or mail.
5. Disclosure of your personal information
5.1. We may disclose your personal information to any of our employees, officers,
insurers, professional advisers, agents, suppliers or subcontractors insofar as
reasonably necessary for the purposes set out in this Policy. Personal
information is only supplied to a third party when it is required for the delivery
of our services.
5.2. We may from time to time need to disclose personal information to comply
with a legal requirement, such as a law, regulation, court order, subpoena,
warrant, in the course of a legal proceeding or in response to a law
enforcement agency request.
5.3. We may also use your personal information to protect the copyright,
trademarks, legal rights, property or safety of TMRutherford,
tmrutherford.com.au, its customers or third parties.
5.4. Information that we collect may from time to time be stored, processed in or
transferred between parties located in countries outside of Australia.
5.5. If there is a change of control in our business or a sale or transfer of business
assets, we reserve the right to transfer to the extent permissible at law our
user databases, together with any personal information and non-personal
information contained in those databases. This information may be disclosed
to a potential purchaser under an agreement to maintain confidentiality. We
would seek to only disclose information in good faith and where required by
any of the above circumstances.
5.6. By providing us with personal information, you consent to the terms of this
disclose your personal information to third parties, we will request that the third
party follow this Policy regarding handling your personal information.
6. Security of your personal information
6.1. TMRutherford is committed to ensuring that the information you provide to us
is secure. In order to prevent unauthorised access or disclosure, we have put
in place suitable physical, electronic and managerial procedures to safeguard
and secure information and protect it from misuse, interference, loss and
unauthorised access, modification and disclosure.
6.2. The transmission and exchange of information is carried out at your own risk.
We cannot guarantee the security of any information that you transmit to us, or
receive from us. Although we take measures to safeguard against
unauthorised disclosures of information, we cannot assure you that personal
information that we collect will not be disclosed in a manner that is
7. Access to your personal information
7.1. You may request details of personal information that we hold about you in
accordance with the provisions of the Privacy Act 1988 (Cth). A small
administrative fee may be payable for the provision of information. If you
would like a copy of the information which we hold about you or believe that
any information we hold on you is inaccurate, out of date, incomplete,
irrelevant or misleading, please email us at email@example.com.
7.2. We reserve the right to refuse to provide you with information that we hold
about you, in certain circumstances set out in the Privacy Act.
8. Complaints about privacy
8.1. If you have any complaints about our privacy practices, please feel free to
send in details of your complaints to c/- 37 Murray Lane, Cawarral,
Queensland 4702, Australia. We take complaints very seriously and will
respond shortly after receiving written notice of your complaint.
may modify this Policy at any time, in our sole discretion and all modifications
will be effective immediately upon our posting of the modifications on our
website or notice board. Please check back from time to time to review our
10.1. When you visit our website
When you come to our website (tmrutherford.com.au) we may collect certain
information such as browser type, operating system, website visited
immediately before coming to our site, etc. This information is used in an
aggregated manner to analyse how people use our site, such that we can
improve our service.
files which a website uses to identify you when you come back to the site and
to store details about your use of the site. Cookies are not malicious programs
that access or damage your computer. Most web browsers automatically
accept cookies but you can choose to reject cookies by changing your
browser settings. However, this may prevent you from taking full advantage of
help us provide a better website visitor experience. In addition, cookies may
be used to serve relevant ads to website visitors through third party services
such as Google Adwords. These ads may appear on this website or other
websites you visit.
10.4. Third party sites
Our site may from time to time have links to other websites not owned or
controlled by us. These links are meant for your convenience only. Links to
third party websites do not constitute sponsorship or endorsement or approval
of these websites. Please be aware that TMRutherford is not responsible for
the privacy practices of other such websites. We encourage our users to be
aware, when they leave our website, to read the privacy statements of each
and every website that collects personal identifiable information.
For an example of our coaching contracts, please find below a link to our Laser Coaching contract. We require all clients agree to the terms and conditions of the contract specific to the services they are purchasing.