Terms and Conditions of Top Property Media
These terms and conditions are the contract between you and Top Property Media Pty Ltd (“us”, “we”, etc). By visiting or using Our Website, you agree to be bound by them.
We are Top Property Media Pty Ltd, a company registered in Australia, ACN: 648 216 442.
You are: Anyone who uses Our Website.
Please read this agreement carefully and save it. If you do not agree with it, you should leave Our Website immediately.
These are the agreed terms
means the textual, visual or aural content that is encountered as part of your experience on Our Website. It may include, among other things: text, images, sounds, videos and animations. It includes content Posted by you.
means intellectual property owned by us, of every sort, whether or not registered or registrable in any country, including intellectual property of kinds coming into existence after today; and including, among others, patents, trademarks, unregistered marks, designs, copyrights, software, domain names, discoveries, creations and inventions, together with all rights which are derived from those rights.
means any website or service designed for electronic access by mobile or fixed devices which is owned or operated by us. It includes all web pages controlled by us.
means place on or into Our Website any Content or material of any sort by any means.
means all of the services available from Our Website, whether free or charged.
means anyone who visits Our Website.
In this agreement unless the context otherwise requires:
a reference to a person includes a human individual, a corporate entity and any organisation which is managed or controlled as a unit.
a reference to a person includes reference to that person’s successors, legal representatives, permitted assigns and any person to whom rights and obligations are transferred or pass as a result of a merger, division, reconstruction or other re-organisation involving that person.
in the context of permission, “may not” in connection with an action of yours, means “must not”.
the headings to the paragraphs are inserted for convenience only and do not affect the interpretation.
any agreement by either party not to do or omit to do something includes an obligation not to allow some other person to do or omit to do that same thing.
a reference to an act or regulation includes new law of substantially the same intent as the act or regulation referred to.
this agreement is made only in the English language. If there is any conflict in meaning between the English language version of this agreement and any version or translation of this agreement in any other language, the English language version shall prevail.
Basis of Contract
We do not offer the Services in all countries. We may refuse to provide the Services if you live in a country we do not serve.
In entering into this contract you have not relied on any representation or information from any source except the definition and explanation of the Services given on Our Website.
Subject to these terms and conditions, we agree to provide to you some or all of the Services described on Our Website at the prices we charge from time to time.
Some of our Services are now or may in future, be available to you only subject to additional terms. Those terms will be set out on Our Website. You now agree that if you choose to use any such service, the relevant terms will become part of this agreement.
You acknowledge that you understand exactly what is included in the Services and you are satisfied that the Services are suitable and satisfactory for your requirements;
So far as we allow use of our Intellectual Property, we grant a licence to you, limited to the terms set out in this agreement.
Our contract with you and licence to you lasts for one month or one year depending on the subscription payment option you choose, beginning from the date of payment. Any continuation by us or by you after the expiry of one month or one year is a new contract under the terms then posted on Our Website. Your continued use of our Services after that shall be deemed acceptance by you of the changed Service, system and/or terms.
The contract between us comes into existence when we receive payment from you for a service, unless we decline to provide you a service whereby we will return your money to your credit card, and no contract will exist
If we give you free access to a Service or feature on Our Website which is normally a charged feature, and that Service or feature is usually subject to additional contractual terms, you now agree that you will abide by those terms.
We may change this agreement and / or the way we provide the Services, at any time. If we do:
The change will take effect when we Post it on Our Website.
You agree to be bound by any changes. If you do not agree to be bound by them, you are not permitted to use Our Website or Services.
If you make any payment for Services in the future, you will do so under the terms Posted on Our Website at that time.
Your account and personal information
When you visit Our Website, you accept responsibility for any action done by any person using your name, account, email or password. You should take all necessary steps to ensure that the password is kept confidential and secure and should inform us immediately if you have any reason to believe that your password has become known to anyone else, or if the password is being, or is likely to be, used in an unauthorised manner.
You agree that you have provided accurate, up to date, and complete information about yourself. We are not responsible for any error made as a result of such information being inaccurate.
You agree to notify us of any changes in your information immediately it occurs. If you do not do so, we may terminate your account.
Top Property Professionals subscription terms
Details of the cost and benefits of a Top Property Professionals subscription are as set out on Our Website and accordingly updated from time to time.
Payment for a Top Property Professionals subscription is for a one month or a one year period of time, depending on the subscription payment option you choose.
Termination of Top Property Professionals subscription will be regulated by this contract set out in paragraph 15 below.
We reserve the right to modify the Top Property Professionals subscription rules or system and to change the terms and conditions of this agreement at any time, without notice. Your continued use of the Top Property Professionals Service after such modifications shall be deemed an acceptance by you to be bound by the terms of the modified agreement. The terms that apply to you are those Posted here on Our Website on the day you subscribe to Our Website.
The prices payable for Services are clearly set out on Our Website or are available in written correspondence with us.
Prices are inclusive of any applicable goods and services tax or other sales tax.
When you subscribe for a subscription Service, that payment may not cover other Services, for which we will ask you to pay either by addition to your subscription or by a single payment.
At any time before expiry of your subscription, you may use the “Billing” tab of your account in Our Website to access your personal information and change your subscription package, or cancel your subscription with us. If you cannot access the ‘Billing’ tab for any reason, then you may send an email through Our Website to inform us of the change or cancellation of your subscription.
At expiry of your Top Property Professionals subscription we shall automatically take payment for the next month from your credit card for the sum specified for the subscription package selected by you. We shall confirm the successfully automated payment and renewal of your Top Property Professionals subscription for the following month by sending you an email receipt
Subject to the last previous sub-paragraph, you may cancel your Top Property Professionals subscription at any point in time. If you do cancel or change the package you have selected, then those changes will take effect at the start of the next billing cycle 7.3.
Other than the limitation set out above Top Property Professionals subscription is non-refundable and non-transferable.
Security of your credit card
We take care to make Our Website safe for you to use.
Credit card payments are not processed or stored on a page controlled by us. We use a secure third party online payment service provider who will encrypt your card or bank account details in a secure environment.
The credit card details you supplied for your subscription will be stored with this secure third party online payment service. These details will be fully encrypted and only used to process your automated monthly payments for your Top Property Professionals subscription, or other transactions which you have initiated.
How we handle your Content
If you Post Content to any public area of Our Website it becomes available in the public domain. We have no control over who sees it or what anyone does with it. You should therefore avoid Posting unnecessary or confidential information
We need the freedom to be able to publicise our Services and your own use of them. You therefore now irrevocably grant us the right and licence to edit, copy, publish, distribute, translate and otherwise use any Content that you place on Our Website, in public domains and in any medium. You warrant that you are the intellectual property owner or copyright owner of this content, and that you are authorised to grant all such rights.
We will use that licence only for commercial purposes of the business of Our Website and will stop using it after a commercially reasonable period of time.
You agree to any act or omission which may otherwise infringe your right to be identified as the author and your right to object to derogatory treatment of your work as provided in the Copyright Act 1968.
You now irrevocably authorise us to publish feedback, comments and ratings about your activity through Our Website, even though it may be defamatory or critical.
Posting content of any sort does not change your ownership of the copyright in it. We have no claim over it and we will not protect your rights for you.
You understand that you are personally responsible for your breach of someone else’s intellectual property rights, defamation, or any law, which may occur as a result of any Content having been Posted by you.
You accept all risk and responsibility for determining whether any Content is in the public domain and not confidential.
Please notify us of any security breach or unauthorised use of your account.
We do not solicit ideas or text for improvement of our Service, but if you do send to us material of any sort, you are deemed to have granted to us a licence of $1 to use it.
Restrictions on what you may Post to Our Website
We invite you to Post Content to Our Website in several ways and for different purposes. We have to regulate your use of Our Website to protect our business and our staff, to protect other users of Our Website and to comply with the law. These provisions apply to all users of Our Website.
We do not undertake to moderate or check every item Posted, but we do protect our business vigorously. If we believe Content Posted breaches the law, we shall co-operate fully with the law enforcement authorities in whatever way we can.
You agree that you will not use or allow anyone else to use Our Website to Post Content or undertake any activity which is or may:
be unlawful, or tend to incite another person to commit a crime;
consist in commercial audio, video or music files;
be obscene, offensive, threatening, violent, false, malicious or defamatory;
be sexually explicit or pornographic;
be likely to deceive any person or be used to impersonate any person, or to misrepresent your identity, age or affiliation with any person, business or company;
request or collect passwords or other personal information from another user without their permission, nor Post any unnecessary personal information about yourself;
be used to sell any goods or services or for any other commercial use not intended by us, for yourself or for any other person. Examples are: sending private messages with a commercial purpose, or collecting information with the intention of passing it to a third party for his commercial use;
include anything other than words, photographs or proof of purchase documents, relevant to products or services on a page in such place as we designate. We reserve the right to remove content that is low in resolution, of poor quality, inappropriate, or deemed in our opinion to not be a good fit with Our Website.
facilitate the provision of unauthorised copies of another person's copyright work;
link to any of the material specified in this paragraph;
Post excessive or off-topic messages to any forum, review, page or group;
sending or posting age-inappropriate communications or Content to anyone under the age of 18.
Your Posting: restricted content
In connection with the restrictions set out, we may refuse or edit or remove a Posting which does not comply with these terms.
In addition to the restrictions set out above, a Posting must not contain:
hyperlinks, other than those specifically authorized by us;
keywords or words repeated, which are irrelevant to the Content Posted.
the name, logo or trademark of any organisation other than that of you or your client.
inaccurate, false, or misleading information.
Removal of offensive Content
For the avoidance of doubt, this paragraph is addressed to any person who comes on Our Website for any purpose.
We are under no obligation to monitor or record the activity of any Visitor or customer for any purpose, nor do we assume any responsibility to monitor or police Internet-related activities. However, we may do so without notice to you and without giving you a reason.
If you are offended by any Content, the following procedure applies:
Your claim or complaint must be submitted to us by email via our Our Website.
we may or may not remove offending Content, and where we do it is at our discretion and at a time of our choosing;
after we receive notice of a claim or complaint, we shall investigate so far as we alone decide;
we may or may not re-instate the Content about which you have complained.
In respect of any complaint made by you or any person on your behalf, whether using our form of complaint or not, you now irrevocably grant to us a licence to publish the complaint and all ensuing correspondence and communication, without limit.
You now agree that if any complaint is made by you frivolously or vexatiously you will repay us the cost of our investigation including legal fees, if any.
Security of Our Website
If you violate Our Website we shall take legal action against you.
You now agree that you will not, and will not allow any other person to:
modify, copy, or cause damage or unintended effect to any portion of Our Website, or any software used within it.
link to Our Website in any way that would cause the appearance or presentation of Our Website to be different from what would be seen by a user who accessed Our Website by typing the URL into a standard browser;
download any part of Our Website, without our express written consent;
collect or use any product or service listings, descriptions, or prices;
collect or use any information obtained from or about Our Website or the Content except as intended by this agreement;
aggregate, copy or duplicate in any manner any of the Content or information available from Our Website, other than as permitted by this agreement or as is reasonably necessary for your use of the Services;
share with a third party any login credentials to Our Website;
Despite the above terms, we now grant a licence to you to:
create a hyperlink to Our Website for the purpose of promoting an interest common to both of us. You can do this without specific permission. This licence is conditional upon your not portraying us or any product or service in a false, misleading, derogatory, or otherwise offensive manner. You may not use any logo or other proprietary graphic or trademark of ours as part of the link without our express written consent.
you may copy the text of any page for your personal use in connection with the purpose of Our Website or a Service we provide.
Your Posting: restricted content
We may, from time to time, set a limit on the number of messages or amount of website data you may send, store, or receive through the Service. We may delete messages or website data in excess of that limit. We may or may not give you notice of any change to the number or messages or website data you can store.
We assume no responsibility for the deletion or failure to store or deliver email or other messages, or website data.
You accept that we cannot be liable to you for any such deletion or failure to deliver to you.
We maintain reasonable procedures for general backup of data for our own purposes but we give no warranty that your data will be saved or backed up.
This agreement terminates on when your account is deleted.
You may terminate this agreement at any time, for any reason, with immediate effect. You may terminate the agreement either by sending notice to us by post or email, or by completing the form on Our Website and submitting it. We reserve the right to check the validity of any request to terminate your account.
We may terminate your account with us at any time, for any reason, with immediate effect by sending you notice to that effect by post or email.
Termination by either party shall have the following effects:
your right to use the Services immediately ceases;
we are under no obligation to forward any unread or unsent messages to you or any third party;
In the event of such termination by us, we will within 30 days refund to you the balance of your subscription outstanding for any Service, pro rata with time not elapsed;
There shall be no re-imbursement or credit if the Service is terminated due to your violation of the terms of this agreement.
We retain the right, at our sole discretion, to terminate any and all parts of the Services provided to you, without refunding to you any fees paid if we decide in our absolute discretion that you have failed to comply with any of the terms of this agreement.
Interruption to Services
If it is necessary for us to interrupt the Services, we may give you reasonable notice where this is possible and when we judge the down time is such as to justify telling you.
You acknowledge that the Services may also be interrupted for many reasons beyond our control.
tYou agree that we are not liable to you for any loss, foreseeable or not, arising from any interruption to the Services.
not do anything which does or might reduce the value of our Intellectual Property or challenge our ownership of it.
notify us of any suspected infringement of the Intellectual Property;
so far as concerns software provided or made accessible by us to you, you will not:
copy, or make any change to any part of its code;
nouse it in any way not anticipated by this agreement;
give access to it to any other person than you, the licensee in this agreement;
in any way provide any information about it to any other person or generally.
not use the Intellectual Property except directly in our interest.
not download, extract, make copies or derivatives of, manipulate, or publish any video, audio or photographic recordings produced by us without our written permission.
Disclaimers and limitation of liability
The law differs from one country to another. This paragraph applies so far as the applicable law allows.
All implied conditions, warranties and terms are excluded from this agreement. If in any jurisdiction an implied condition, warrant or term cannot be excluded, then this sub paragraph shall be deemed to be reduced in effect, only to the extent necessary to release that specific condition, warranty or term.
Our Website and our Services are provided “as is”. We make no representation or warranty that the Service will be:
useful to you;
of satisfactory quality;
fit for a particular purpose;
available or accessible, without interruption, or without error.
We claim no expert knowledge in any subject. We disclaim any obligation or liability to you arising directly or indirectly from information you take from Our Website.
We make no representation or warranty and accept no responsibility in law for:
accuracy of any Content or the impression or effect it gives;
delivery of Content, material or any message;
privacy of any transmission;
third party advertisements which are posted on Our Website or through the Services;
the conduct, whether online or offline, of any user of Our Website or the Services;
failure or malfunction of computer hardware or software or technical equipment or system connected directly or indirectly to your use of the Services;
any act or omission of any person or the identity of any person who introduces himself to you through Our Website;
any aspect or characteristic of any services advertised on Our Website;
Reference in this website to any specific commercial products, processes, or services, or the use of any person, business, trade, or corporation is for the convenience of the public, and does not constitute endorsement, recommendation, or favoring.
The information on this website is provided on the basis that all persons accessing Our Website take responsibility for assessing the relevance and accuracy of its content. Top Property Media its contractors, agents, affiliates, interviewees, clients, or employees do not accept any liability for the information which is provided to you.
We make no warranty that Our Website and its content will meet your requirements, or that the website will be uninterrupted, timely, secure, or error free.
We take no responsibility for any information or services which may appear on any external Internet sites linked to or from Our Website. It is the responsibility of the Internet user to make their own decisions about the accuracy, reliability and correctness of information found on these sites. When you enter another website, you are then subject to the terms and conditions of that new website.
You agree that in any circumstances when we may become liable to you, the limit of our liability is the amount you have paid us in the immediately preceding 1 month period for the Services concerned.
Except in the case of death or personal injury, our total liability under this agreement, however it arises, shall not exceed the sum of $500. This applies whether your case is based on contract, tort or any other basis in law.
We shall not be liable to you for any loss or expense which is:
indirect or consequential loss; or
economic loss or other loss of turnover, profits, business or goodwill even if such loss was reasonably foreseeable or we knew you might incur it.
This paragraph (and any other paragraph which excludes or restricts our liability) applies to our directors, officers, employees, subcontractors, agents and affiliated companies as well as to us.
If you become aware of any breach of any term of this agreement by any person, please tell us by email via Our Website. We welcome your input, although do not guarantee to agree with your judgement.
You indemnify us
You agree to indemnify us against all costs, claims and expense arising directly or indirectly from:
your failure to comply with the law of any country, state or municipality;
your breach of this agreement;
any act, neglect or default by any agent, employee, licensee or customer of yours;
a contractual claim arising from your use of the Services
a breach of the intellectual property rights of any person;
and for the purpose of this paragraph you agree that the cost of our management and technical time is properly recoverable and can reasonably be valued at $150.00 per hour without further proof.
The schedules, if any, to this agreement are part of the agreement and have the same force and effect.
If any term or provision of this agreement is at any time held by any jurisdiction to be void, invalid or unenforceable, then it shall be treated as changed or reduced, only to the extent minimally necessary to bring it within the laws of that jurisdiction and to prevent it from being void and it shall be binding in that changed or reduced form. Subject to that, each provision shall be interpreted as severable and shall not in any way affect any other of these terms.
The rights and obligations of the parties set out in this agreement shall pass to any permitted successor in title.
If you are in breach of any term of this agreement, we may:
publish all text and Content relating to the claimed breach, including your name and email address and all correspondence between us and our respective advisers; and you now irrevocably give your consent to such publication.
terminate your account and refuse access to Our Website;
remove or edit Content, or cancel any order at our discretion;
issue a claim in any court.
Any obligation in this agreement intended to continue to have effect after termination or completion shall so continue.
No failure or delay by any party to exercise any right, power or remedy will operate as a waiver of it nor indicate any intention to reduce that or any other right in the future.
You agree that we may disclose your information including assigned IP numbers, account history, account use, etc to any judicial or proper legal authority who makes a written request without further consent or notification to you.
Any communication to be served on either party by the other shall be delivered by hand or sent by express post or recorded delivery or by e-mail.
It shall be deemed to have been delivered:
if delivered by hand: on the day of delivery;
if sent by registered post to the correct address: within 72 hours of posting;
If sent by e-mail to the address from which the receiving party has last sent e-mail: within 24 hours if no notice of non-receipt has been received by the sender.
In the event of a dispute between the parties to this agreement, then they undertake to attempt to settle the dispute by engaging in good faith with the other in a process of mediation before commencing arbitration or litigation.
So far as the law permits, and unless otherwise stated, this agreement does not give any right to any third party.
Neither party shall be liable for any failure or delay in performance of this agreement which is caused by circumstances beyond its reasonable control, including any labour dispute between a party and its employees.
In the event of any conflict between any term of this agreement and the provisions of the constitution of a limited company or any comparable document intended to regulate any other corporate or collective body, then the terms of this agreement shall prevail.
The validity, construction and performance of this agreement shall be governed by the law of the State of Victoria in Australia, and you agree that any dispute arising from it shall be litigated only in that State.