Terms & Conditions
These terms and conditions govern your use of this website; by using this website, you accept these terms and conditions in full. If you disagree with these terms and conditions or any part of these terms and conditions, you must not use this website.
- “Account” means an account for access to the Platform.
- “Claimed listing” means the owner of the business listing has declared they are the rightful owner and all user content is correct.
- “Credit” means the Top4 currency used to view details of Leads, Bump Up or any other Services on the Platform. 1 credit is equal to 1 Australian dollar (AU).
- “User Content” means all logos, trademarks, images, graphics, text, and other materials included by you provided to Top4 for use with the Services.
- “Documentation” means reference documents, support service guidelines, policies, or technical material relating to the Service that are provided by Top4 to you.
- “Feedback” means information regarding the features and performance of the Service and Materials, including (without limitation) reports of failures, errors, or other malfunctions that you encounter through your use of the Service.
- “Lead” means an attempt to contact a business or brand, including clicking on the phone number, website link or submitting an enquiry through the contact us form on the Platform.
- “Platform” means the Top4 website, dashboard, and tools that you have access to through the Service
- “Service” means any Top4 offering that you agree to receive, subject to this Agreement and mutually agreed upon addendums.
- “Technology” means the Top4 proprietary technology that allows Top4 to provide the Services.
- “Materials” means the Platform, Technology, Documentation, text, images, visual interfaces, graphics, design, compilation, computer code, and all other elements of the Service, including related modifications and derivative works.
2. License to use the Platform
Unless otherwise stated, Top4 and/or its licensors own the intellectual property rights in the website and material on the website. Subject to the license below, all these intellectual property rights are reserved.
You may view, download for caching purposes only, and print pages from the website for your own personal use, subject to the restrictions set out below and elsewhere in these terms and conditions.
You must not:
- republish material from this website (including republication on another website);
- sell, rent or sub-licens material from the website;
- reproduce, duplicate, copy or otherwise exploit material on this website for a commercial purpose;
- redistribute material from this website
3. Acceptable use
You must not use this website in any way that causes, or may cause, damage to the website or impairment of the availability or accessibility of the website; or in any way which is unlawful, illegal, fraudulent or harmful, or in connection with any unlawful, illegal, fraudulent or harmful purpose or activity.
You must not use this website to copy, store, host, transmit, send, use, publish or distribute any material which consists of (or is linked to) any spyware, computer virus, Trojan horse, worm, keystroke logger, rootkit or other malicious computer software.
You must not conduct any systematic or automated data collection activities (including without limitation scraping, data mining, data extraction and data harvesting) on or in relation to this website without Top4's express written consent.
You must not use this website to transmit or send unsolicited commercial communications.
You must not use this website for any purposes related to marketing without Top4's expressed written consent.
You must not:
- register as a member multiple times.
- impersonate or create a membership for any person other than yourself.
We may at any time request a form of identification to verify your identity.
You must ensure the security and confidentiality of your membership details, including any username and/or password assigned to you. You are wholly responsible for all activities which occur under your membership details (including unauthorised use of your credit card). You must notify us immediately if you become aware of any unauthorised use of your membership details. You must not permit your membership details to be used by or transferred to any other person.
We reserve the right to, in our sole discretion, suspend or terminate your membership or access to all or any part of the Top4, including if we believe you are abusing the services in any way, have breached the Conditions or are no longer an active member.
5. User content
You grant to Top4 a worldwide, irrevocable, non-exclusive, royalty-free license to use, reproduce, adapt, publish, translate and distribute your user content in any existing or future media. You also grant to Top4 the right to sub-license these rights, and the right to bring an action for infringement of these rights.
Your user content must not be illegal or unlawful, must not infringe any third party's legal rights, and must not be capable of giving rise to legal action whether against you or Top4 or a third party (in each case under any applicable law).
You must not submit any user content to the website that is or has ever been the subject of any threatened or actual legal proceedings or other similar complaint.
Top4 reserves the right to edit or remove any material submitted to this website, or stored on Top4’s servers, or hosted or published upon this website.
Top4 collects material from:
- you through our websites, phone calls, application forms
- from public sources
- from your visits and clicks on our web pages or social media presences, and
- when we’re required to do so by law
If you find an unclaimed listing with incorrect information, you may notify Top4 or the business owner. The business owner must claim their listing in order to update their details, you can contact Top4.
6. No warranties
This website is provided “as is” without any representations or warranties, express or implied. Top4 makes no representations or warranties in relation to this website or the information and materials provided on this website.
Without prejudice to the generality of the foregoing paragraph, Top4 does not warrant that:
- this website will be constantly available, or available at all; or
- the information on this website is complete, true, accurate or non-misleading.
Nothing on this website constitutes, or is meant to constitute, advice of any kind.
When permitted by law, Top4 and Top4’s suppliers and distributors will not be responsible for lost profits, revenues or data, financial losses or indirect, special, consequential, exemplary or punitive damages.
To the extent permitted by law, the total liability of Top4 and its suppliers and distributors or any claim under these terms including any implied warranties, is limited to the amount that you paid us to use the services(or, if we choose, to supplying you with the services again).
In all cases, Top4 and its suppliers and distributors will not be liable for any loss or damage that is not reasonably foreseeable.
Nothing in this website disclaimer will exclude or limit any warranty implied by law that it would be unlawful to exclude or limit; and nothing in this website disclaimer will exclude or limit Top4’s liability in respect of any:
- death or personal injury caused by Top4’s negligence;
- fraud or fraudulent misrepresentation on the part of Top4; or
- matter which it would be illegal or unlawful for Top4 to exclude or limit, or to attempt or purport to exclude or limit, its liability.
9. Other parties
You accept that, as a limited liability entity, Top4 has an interest in limiting the personal liability of its officers and employees. You agree that you will not bring any claim personally against Top’s officers or employees in respect of any losses you suffer in connection with the website.
Without prejudice to the foregoing paragraph, you agree that the limitations of warranties and liability set out in this website disclaimer will protect Top4’s officers, employees, agents, subsidiaries, successors, assigns and sub-contractors as well as Top4.
10. Unenforceable provisions
If any provision of this website disclaimer is, or is found to be, unenforceable under applicable law, that will not affect the enforceability of the other provisions of this website disclaimer.
You hereby indemnify Top4 and undertake to keep Top4 indemnified against any losses, damages, costs, liabilities and expenses (including without limitation legal expenses and any amounts paid by Top4 to a third party in settlement of a claim or dispute on the advice of Top4’s legal advisers) incurred or suffered by Top4 arising out of any breach by you of any provision of these terms and conditions, or arising out of any claim that you have breached any provision of these terms and conditions.
12. Breaches of these terms and conditions
Without prejudice to Top4’s other rights under these terms and conditions, if you breach these terms and conditions in any way, Top4 may take such action as Top4 deems appropriate to deal with the breach, including suspending your access to the website, prohibiting you from accessing the website, blocking computers using your IP address from accessing the website, contacting your internet service provider to request that they block your access to the website and/or bringing court proceedings against you.
Top4 may revise these terms and conditions from time-to-time without any notification. Revised terms and conditions will apply to the use of this website from the date of the publication of the revised terms and conditions on this website. Please check this page regularly to ensure you are familiar with the current version.
Top4 may transfer, sub-contract or otherwise deal with Top4’s rights and/or obligations under these terms and conditions without notifying you or obtaining your consent.
You may not transfer, sub-contract or otherwise deal with your rights and/or obligations under these terms and conditions.
If a provision of these terms and conditions is determined by any court or other competent authority to be unlawful and/or unenforceable, the other provisions will continue in effect. If any unlawful and/or unenforceable provision would be lawful or enforceable if part of it were deleted, that part will be deemed to be deleted, and the rest of the provision will continue in effect.
16. Entire agreement
These terms and conditions constitute the entire agreement between you and Top4 in relation to your use of this website, and supersede all previous agreements in respect of your use of this website.
17. Law and jurisdiction
These terms and conditions will be governed by and construed in accordance with the laws of the state of New South Wales, and any disputes relating to these terms and conditions will be subject to the exclusive jurisdiction of the federal or state courts of New South Wales, Australia.
Top4 and its logo are trademarks of Adverbuy Pty Ltd (ABN 37 166 595 526).
19. Payment Terms
i. Subscription pricing is subject to change at any time.
ii. Available payment methods are limited to Credit Card and Bank Transfer.
iii. You will be charged either monthly, annually or as agreed with Top4 via email or phone depending on Subscription Plan chosen.
iv. You may make no offset upon any amounts due to us.
v. For any payments not made as required in these Subscription Terms, at our option and without prejudice to our other lawful remedies, we may suspend or delete your business listing, cancel the Subscription Plan or terminate the Subscription Term.
We are constantly changing and improving our Services. We may add or remove functionalities or features and we may suspend or stop a Service altogether.
You can stop using our Services at any time, although we would be sorry to see you go. Top4 may also stop providing Services to you or add or create new limits to our Services at any time.
We believe that you own your data, and preserving your access to such data is important. If we discontinue a Service, where reasonably possible, we will give you reasonable advance notice and a chance to remove information from that Service.
Please contact Top4 at [email protected] should you wish to:
- Cancel your Account and service with us
- Delete your Listing
We may feature or display links and pointers to websites operated by third parties on the Top4. Such websites do not form part of the Top4 and are not under our control. We do not accept any responsibility in connection with any such website. If you link to any such websites, you leave the Top4 entirely at your own risk.
You must not link to the Top4 from any other website (or otherwise authorise any other person to link from a third party website to the Top4) without our prior written consent.
The Top4 may feature or display third party advertising. By featuring or displaying such advertising, we do not in any way represent that we recommend or endorse the relevant advertiser, its products or services.
22. About these terms
We may modify these terms or any additional terms that apply to a Service to, for example, reflect changes to the law or changes to our Services. You should look at the terms regularly. We’ll post notice of modifications to these terms on this page. We’ll post notice of modified additional terms in the applicable Service. Changes will not apply retrospectively and will become effective no earlier than fourteen days after they are posted. However, changes addressing new functions for a Service or changes made for legal reasons will be effective immediately. If you do not agree to the modified terms for a Service, you should discontinue your use of that Service.
If there is any inconsistency between these terms and the additional terms, the additional terms will prevail to the extent of the inconsistency.
These terms govern the relationship between Top4 and you. They do not create any third party beneficiary rights.
If you do not comply with these terms and we do not take action immediately, this doesn’t mean that we are giving up any rights that we may have (such as taking action in the future).
If it turns out that a particular term is not enforceable, this will not affect any other terms.
The laws of New South Wales, Australia will apply to any disputes arising out of or relating to these terms or the Services. All claims arising out of or relating to these terms or the Services will be litigated exclusively in the federal or state courts of New South Wales, Australia, and you and Top4 consent to personal jurisdiction in those courts.