Terms & Conditions

1. Definitions

• •"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-license 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.

4. Membership

When registering as a member, you must provide us with accurate, complete and up-to-date registration information, as requested. It is your responsibility to inform us of any changes to your registration information. We will treat your personal information strictly in accordance with our Privacy Policy.

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.

7. Liabilities

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.

19. Payment Terms

1. Subscription pricing is subject to change at any time.
2. Available payment methods are limited to Credit Card and Bank Transfer.
3. The charges for our services are published on our website. We maintain the ability to change them at will, however, changes shall not be retrospective. You will be charged either monthly, annually or as agreed with Top4 via email or phone depending on the Subscription Plan chosen.
4. You may make no offset upon any amounts due to us.
5. Charges for a service are those published at the time you request for the service. Special, promotional or bundled pricing for particular Services may be limited on a per year/member/email address basis; prices displayed after account login and prior to payment will indicate eligibility for such pricing. You agree to pay for all the services you request and/or use. Charges that you pay are non-refundable, except where we have expressly consented otherwise.
6. 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.
7. You agree that failure to pay or failure of payment being honoured will void your application and relieve us of any responsibility with regards to the provision of the services applied for.
8. By purchasing Top4 Platform Subscription, you agree to an initial pre-payment for one full year of service. The plan will automatically renew each year until cancelled. You will be billed a recurring Annual Subscription renewal fee at $119.88 for premium features. You may cancel your Annual Subscription anytime before the next billing cycle, subject to the terms of our cancellation policy. Which is 60 days notice by email to [email protected].
9. You irrevocably agree and authorise that if any payment due from you to us is not received by the due date, that we may directly debit that payment using the credit card account details provided by you upon registration.
10. We are entitled to recover (on a full indemnity basis) any costs, fees and charges (including legal costs) incurred in recovering any amounts owed to us by you. Without limitation to the above, we may charge an administration fee for any dishonoured cheques.
11. You are solely responsible for the renewal of any held services with us. You acknowledge and agree that we may, at our discretion, choose to send notification of expiry but are not obliged to do so, but that it is your responsibility to ensure that your electronic contact address is valid, active and correct. You hereby agree that we cannot and shall not be held responsible for any loss/suspension/termination of any service arising from a failure to renew your services.

23. Cancellation policy

There is no cancellation should you change your mind alongside we can not guarantee you will be found on the 1st page of Google for every suburb and every keyword (read Google official page here).

We provide an extensive portfolio for you to view before hiring us for your project so you can see the quality level of our work and be completely comfortable working with us. If you have any questions or reservations, please contact us prior to making a payment for our services.

Top4 clients on an ongoing monthly/yearly marketing plan may cancel their plan, with 60 days prior written notice. Top4 does not refund partial month payments. Cancellation only applies after the 60-day cancellation waiting period is over. Client will be charged for any work done during the 60 cancellation period.

Cancellations can be made by contacting [email protected] Upon cancellation, your account will be permanently deleted. Top4 is not legally bound to serve everyone; it may choose to serve a client at its own discretion.