1. Definitions

• “Account” refers to an account for accessing the Platform.

• “Claimed listing” means the business listing owner has asserted that they are the rightful owner and that all user content is accurate.

• “Credit” is the currency used on Top4 to view Lead details, Bump Up, or access other services on the Platform. 1 credit equals 1 Australian Dollar (AUD).

• “User Content” refers to all logos, trademarks, images, graphics, text, and other materials you provide to Top4 for use with the Service.

• “Documentation” means reference documents, support service guidelines, policies, or technical materials provided by Top4 related to the Service.

• “Feedback” refers to information regarding the features and performance of the Service and Materials, including (without limitation) reports of failures, errors, or other malfunctions encountered during your use of the Service.

• “Lead” refers to an attempt to contact a business or brand, including clicking on a phone number, web link, or submitting an enquiry via the contact us form on the Platform.

• “Platform” refers to Top4’s website, dashboard, and tools that you can access through the Service.

• “Service” refers to any Top4 offering you agree to receive, subject to this Agreement and mutually agreed addendums.

• “Technology” refers to Top4’s proprietary technology that enables Top4 to provide the Service.

• “Materials” refers to the Platform, Technology, Documentation, text, images, visual interfaces, graphics, designs, compilations, computer code, and all other elements of the Service, including related modifications and derivative works.

2. Licence to Use the Platform

Unless otherwise stated, Top4 and/or its licensors own the intellectual property rights and material on the website. Subject to the licence below, all these intellectual property rights are reserved by law. You may view, download for caching purposes only, and print pages from the website for your 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 commercial purposes;

• 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 that 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 that consists of (or is linked to) spyware, computer viruses, Trojan horses, worms, keystroke loggers, rootkits, or other malicious 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 marketing-related purposes without Top4’s express written consent.

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 notify us of any changes to your registration information. We will handle your personal information strictly in accordance with our Privacy Policy.

You must not:

• Register as a member more than once.

• Impersonate or create a membership for anyone other than yourself.

We reserve the right to request identification at any time to verify your identity.

You must ensure the security and confidentiality of your membership details, including the username and/or password provided to you. You are fully responsible for all activities that occur under your membership details (including any 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 allow your membership details to be used by or transferred to another person.

We reserve the right, at our sole discretion, to suspend or terminate your membership or access to all or part of Top4, including if we believe you are misusing the service in any way, have breached the Terms, or are no longer an active member.

5. User Content

You grant Top4 a worldwide, irrevocable, non-exclusive, royalty-free licence to use, reproduce, adapt, publish, translate, and distribute your User Content in any media now known or hereafter invented. You also grant Top4 the right to sub-license these rights and the right to take action for infringement of these rights.

Your User Content must not be illegal or unlawful, must not infringe the legal rights of any third party, and must not give rise to any legal action against you or Top4 or any third party (in each case under applicable law).

You must not submit any User Content to the website that is or has been subject to threatened or actual legal proceedings or similar complaints.

Top4 reserves the right to edit or remove any material submitted to this website, or stored on Top4’s servers, or hosted or published on this website.

Top4 collects material from:

• You through our website, phone calls, application forms

• Public sources

• Your visits and clicks on our web pages or social media, and

• When we are required to do so by law.

If you find an unclaimed listing with incorrect information, you can notify Top4 or the business owner. The business owner must claim their listing to update the details, and you can contact Top4 for assistance.

6. No Warranty

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 limiting the generality of the foregoing paragraph, Top4 does not warrant that:

• This website will always be available, or available at all; or

• The information on this website is complete, true, accurate, or not misleading.

Nothing on this website constitutes, or is meant to constitute, advice of any kind.

7. Liability

To the extent permitted by law, Top4 and its suppliers and distributors will not be liable for any loss of profits, income, 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 for any claims arising under these terms, including implied warranties, is limited to the amount you paid us for using the services (or, at our option, 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 was not reasonably foreseeable.

8. Exclusions

Nothing in the legal disclaimer of this website will exclude or limit any implied warranties that would be unlawful to exclude or limit; and nothing in this disclaimer will exclude or limit Top4’s liability in relation to:

• Death or personal injury caused by Top4’s negligence;

• Fraud or fraudulent misrepresentation on the part of Top4; or

• Matters which it would be illegal or unlawful for Top4 to exclude or limit its liability for, or to attempt to or purport to exclude or limit its liability.

9. Third Parties

You acknowledge 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 make any personal claims against Top4’s officers or employees in respect of any losses you suffer in connection with the website.
Without limiting the previous paragraph, you agree that the warranty and liability limitations set out in this website’s disclaimer will protect Top4’s officers, employees, agents, subsidiaries, successors, assigns, and subcontractors, as well as Top4 itself.

10. Severability

If any provision of this legal disclaimer is found to be unenforceable under applicable law, it will not affect the enforceability of the other provisions of this legal disclaimer.

11. Indemnity

You hereby indemnify Top4 and undertake to keep Top4 indemnified against any losses, damages, costs, liabilities, and expenses (including without limitation legal costs 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. Breach of Terms and Conditions

Without limiting 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 it 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.

13. Variations

Top4 reserves the right to revise these terms and conditions from time to time without any notice. The revised terms and conditions will apply to your use of this website from the date of publication of the revised terms and conditions on this website. Please check this page regularly to ensure you are familiar with the current version.

14. Assignment

Top4 may transfer, subcontract, or deal with its rights and/or obligations under these terms and conditions without notifying you or obtaining your consent. You must not transfer, subcontract, or deal with your rights and/or obligations under these terms and conditions.

15. Severability

If any provision of these terms and conditions is determined by a court or other competent authority to be unlawful and/or unenforceable, the remaining provisions will continue to apply. If any provision that is unlawful and/or unenforceable would be lawful or enforceable if part were deleted, that part will be deemed to have been deleted, and the remaining provisions will continue to apply.

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 relation to your use of this website.

17. Governing 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.

18. Trademarks

Top4 and its logo are trademarks of TOP4 MARKETING PTY LTD (ABN 26 651 911 330).

19. Payment Terms

i. Subscription prices may change at any time.
ii. Payment methods available are limited to Credit Card and Bank Transfer.
iii. You will be charged monthly, annually, or as agreed with Top4 via email or phone, depending on the Subscription Package selected.
iv. You must not offset any amounts due to us.
v. For any payment not made as required under these Subscription Terms, at our option and without limiting our other legal remedies, we may suspend or remove your business listing, cancel the Subscription Package, or terminate the Subscription Term.
vi. By purchasing a Top4 Platform Subscription, you agree to make an upfront payment for a full year of services. The package will automatically renew each year until cancelled. You will be charged a recurring annual Subscription Renewal fee of $119.88 for the DIY Top4 Platform. You may cancel your Annual Subscription at any time before the next billing cycle, subject to our cancellation policy terms. A 60-day notice is required via email to [email protected].

20. Termination

We continually change and improve our Services. We may add or remove functionalities or features, and we may suspend or discontinue the Services altogether. You can stop using our Services at any time, although we will regret to see you go. Top4 may also stop providing Services to you or add or impose new limitations on our Services at any time. We believe that you own your data, and keeping your access to that data is important. If we discontinue the Services, we will, where possible, provide you with reasonable prior notice and an opportunity to retrieve information from that Service. Please contact Top4 at [email protected] if you wish to:

• Cancel your Account and services with us

• Delete your Listing

21. Advertising

We have the right to display or showcase links and references to websites operated by third parties on Top4. Such websites are not part of Top4 and are not under our control. We accept no responsibility in relation to such websites. If you link to such websites, you do so entirely at your own risk. You must not link to Top4 from any other website (or permit others to link from a third-party website to Top4) without our prior written consent. Top4 may display or showcase third-party advertisements. By displaying or showcasing such advertisements, we do not imply that we recommend or endorse the advertisers, products, or services concerned.

22. About Terms

We reserve the right to change these terms or any additional terms that apply to the Services, for example, to reflect changes in the law or changes in our Services. You should review the terms regularly. We will post notices of changes to these terms on this page. We will post notices of changes to additional terms that apply to the Services. Changes will not apply retrospectively and will take effect no earlier than fourteen days after posting. However, changes related to new functionalities for the Services or changes made for legal reasons will take effect immediately. If you do not agree to the amended terms for the Services, you must stop using the Services. If there is any inconsistency between these terms and additional terms, the additional terms will apply 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, it does not mean we waive any rights we may have (such as taking action in the future). If it turns out that any specific terms are unenforceable, this will not affect the other terms. The laws of New South Wales, Australia will apply to any dispute arising from or related to these terms or the Services. All claims arising from or related to these terms or the Services will be exclusively brought in the federal or state courts of New South Wales, Australia, and you and Top4 agree to personal jurisdiction in those courts.

23. Cancellation Policy

There are no cancellations if you change your mind, and we do not guarantee you will be found on page 1 of Google for every suburb and every keyword. Read the official Google page here: https://support.google.com/webmasters/answer/35291?hl=en. We provide an extensive portfolio for you to view before hiring us for your project so you can see the quality of our work and feel truly comfortable working with us. If you have any questions or reservations, please contact us before making payment for our services.

Top4 clients on ongoing monthly/annual marketing plans may cancel their plans with 60 days’ written notice. Top4 does not refund partial month payments. Cancellations are only effective after the 60-day cancellation period has elapsed. Clients will be charged for any work done during the 60-day cancellation period. Cancellations can be made by contacting [email protected]. After cancellation, your account will be permanently deleted. Top4 is not legally obligated to serve everyone; it may choose to serve clients at its sole discretion.

24. Your Data

By using the platform, you agree that Top4 and its official partners are permitted to communicate with you via phone or email to ensure that details are accurate and also to offer similar services or products.

25. Billing & Refund Policy

Top4 members using the billing package will be charged for this Google platform and web usage in accordance with Top4’s standard billing practices.
All subscription purchases are non-refundable and will recur accordingly. No refunds will be provided for any reason.
Top4 reserves the right to delete your account regardless of whether you have paid fees if your submissions violate generally accepted search engine practices, including, but not limited to, keyword stuffing, sexual content, illegal activities, or any other information deemed inappropriate by Top4.

26. Member Accounts, Passwords, and Security

You will receive a password and account details upon completing the web registration process.
You are responsible for maintaining the confidentiality of your password and account and are fully responsible for all activities that occur under your password or account.
You agree to (a) immediately notify Top4 of any unauthorized use of your password or account or any other security breach, and (b) ensure that you log out of your account at the end of each session.
Top4 cannot and will not be liable for any loss or damage arising from your failure to comply with this section.