Topland Property Group – Terms and Conditions
1. Introduction
Topland Property Group, trading as “Topland” with ABN 70 664 599 955, is a property reseller, brokerage, consulting, investment, and real estate management company. These Terms and Conditions govern your use of our website https://topland.au/ (“Website”) and the purchase of our services and products through the Website. By using the Website or purchasing any of our services or products, you agree to be bound by these Terms and Conditions.
Please read these Terms and Conditions carefully. If you do not agree with any part of these Terms and Conditions, you must immediately discontinue your use of the Website and any purchase of our services or products.
Our Privacy Policy, available at https://topland.au/privacy-policy, is incorporated into these Terms and Conditions by reference. Please review our Privacy Policy to understand how we collect, use, and protect your personal information.
2. Definitions
In these Terms and Conditions, the following words and phrases have the following meanings:
● Topland: Topland Property Group, trading as “Topland” with ABN 70 664 599 955.
● User: Any individual or entity that accesses or uses the Website, regardless of whether they have created an account on the Website or not.
● Customer: Any individual or entity that purchases or uses any of the services or products offered by Topland.
● Services: The property reseller, brokerage, consulting, investment, and real estate management services offered by Topland.
● Products: Any products or materials provided by Topland in connection with the Services:
● Content: All information, data, text, images, videos, and other materials available on the Website, including but not limited to the information about Topland, the Services, the Products, and any user-generated content.
3. Creating an Account
To purchase Services or Products through the Website, you may be required to create an account. When creating an account, you must provide accurate and complete information, and you must keep this information up to date. You are responsible for the security of your account and for all activities that occur under your account. You agree to notify Topland immediately of any unauthorized use of your account or any other breach of security.
Topland reserves the right to suspend or terminate your account, at its sole discretion, if it determines that you have violated these Terms and Conditions, provided false information, or engaged in any other activities that may harm Topland, the Website, or other Users.
4. Use of the Website
4.1. General Conditions
By using the Website, you agree to:
● Comply with all applicable laws, regulations, and these Terms and Conditions.
● Not engage in any conduct that may harm Topland, the Website, or other Users.
● Not use the Website for any illegal or unauthorized purposes.
● Not access or attempt to access another User’s account without their permission.
● Not use any automated systems, such as robots or spiders, to access, scrape, or collect information from the Website, without Topland’s prior written consent.
● Not submit or upload any Content that infringes the intellectual property rights, privacy rights, or any other rights of third parties.
● Not submit or upload any Content that is defamatory, offensive, abusive, obscene, or otherwise objectionable.
● Not submit or upload any Content that contains viruses, malware, or any other harmful software or code.
● Not interfere with or disrupt the operation of the Website, its servers, or any networks connected to the Website.
4.2. Intellectual Property Rights
All Content on the Website, including but not limited to text, images, graphics, logos, icons, and software, is the property of Topland or its content suppliers and is protected by Australian and international copyright, trademark, and other intellectual property laws. You are granted a limited, non-exclusive, non-transferable, and revocable license to access and use the Website and its Content for your personal, non-commercial use only, provided that you comply with these Terms and Conditions.
You may not reproduce, modify, distribute, transmit, publicly display, publicly perform, or create derivative works of the Content without the prior written consent of Topland or the respective copyright owner. Any unauthorized use of the Content may result in the termination of your access to the Website and may expose you to legal liability.
All trademarks, logos, and service marks displayed on the Website are the property of Topland or their respective owners. You may not use these trademarks, logos, or service marks without the prior written consent of Topland or their respective owners.
5. Services and Products
5.1. Description and Pricing
Topland offers a range of Services and Products, including but not limited to property reselling, brokerage, consulting, investment, and real estate management. The description, features, and pricing of our Services and Products are provided on the Website. We reserve the right to modify, discontinue, or change the pricing of our Services and Products at any time without prior notice.
5.2. Ordering and Payment
To purchase any of our Services or Products, you must submit an order through the Website, provide the required information, and pay the applicable fees. By submitting an order, you represent and warrant that you have the legal right and authority to enter into a binding contract with Topland and that you are able and willing to perform your obligations under such contract. Topland may, at its sole discretion, accept or reject your order. We will notify you of our acceptance or rejection of your order by email. If we accept your order, we will provide you with the purchased Services or Products in accordance with these Terms and Conditions and any additional terms and conditions that may apply to the specific Service or Product.
You must pay the applicable fees for the Services or Products you order using one of the payment methods accepted by Topland. All fees are in Australian Dollars (AUD) and are inclusive of Goods and Services Tax (GST), unless otherwise specified. You are responsible for any additional taxes, fees, or charges that may apply to your purchase.
5.3. Delivery of Services and Products
Topland will use reasonable efforts to provide the purchased Services or Products within the timeframe specified on the Website or as otherwise agreed upon by the parties. However, we cannot guarantee that the Services or Products will be provided within the specified timeframe or that they will meet your expectations. We will not be liable for any delays, failures, or defects in the provision of the Services or Products due to causes beyond our control, including but not limited to acts of God, labor disputes, equipment failures, or shortages of materials.
If we are unable to provide the purchased Services or Products within a reasonable time, we will notify you and offer you the option to either wait for the Services or Products to be provided, receive a refund or credit for the fees you paid, or accept a substitute Service or Product of equal or lesser value.
6. User-Generated Content
6.1. Submission and License
The Website may allow Users to submit, post, or upload content, such as comments, reviews, or other materials (“User-Generated Content”). By submitting or uploading User-Generated Content, you represent and warrant that you own or have the necessary rights to use and share such content and that the content does not violate any applicable laws, regulations, or the rights of any third parties.
By submitting or uploading User-Generated Content, you grant Topland a worldwide, non-exclusive, royalty-free, sublicensable, and transferable license to use, reproduce, modify, distribute, transmit, publicly display, publicly perform, and create derivative works of the User-Generated Content for any purpose, including but not limited to promoting and marketing
Topland and its Services and Products. This license will continue even after you stop using the Website or the Services.
6.2. Moderation and Removal
Topland reserves the right, but has no obligation, to review, monitor, or remove any User-Generated Content at its sole discretion, without notice or liability, for any reason, including but not limited to violations of these Terms and Conditions or applicable laws.
7. Disclaimer of Warranties
The Website, its Content, and the Services and Products are provided on an “as is” and “as available” basis, without any warranties, express or implied. To the fullest extent permitted by law, Topland disclaims all warranties, including but not limited to implied warranties of merchantability, fitness for a particular purpose, title, and non-infringement.
Topland does not warrant that the Website, its Content, or the Services and Products will be accurate, reliable, error-free, uninterrupted, secure, or free from viruses or other harmful components. You assume all risks associated with your use of the Website, its Content, and the Services and Products, and you are solely responsible for any damage or loss resulting from such use.
8. Limitation of Liability
To the fullest extent permitted by law, Topland and its affiliates, directors, officers, employees, agents, licensors, and suppliers will not be liable for any direct, indirect, incidental, special, consequential, or punitive damages, including but not limited to loss of profits, loss of data, or loss of goodwill, arising out of or in connection with your use of the Website, its Content, or the Services and Products, or your inability to use the Website, its Content, or the Services and Products, even if Topland has been advised of the possibility of such damages.
If you are dissatisfied with the Website, its Content, or the Services and Products, your sole remedy is to discontinue your use of the Website and the Services and Products.
9. Indemnification
You agree to indemnify, defend, and hold harmless Topland and its affiliates, directors, officers, employees, agents, licensors, and suppliers from and against all claims, losses, liabilities, expenses, damages, and costs, including but not limited to reasonable legal fees, arising out of or in connection with your use of the Website, its Content, or the Services and Products, your violation of these Terms and Conditions, or your infringement of any rights of any third parties.
10. Governing Law and Jurisdiction
These Terms and Conditions and any disputes arising out of or in connection with them or your use of the Website, its Content, or the Services and Products, will be governed by and
construed in accordance with the laws of New South Wales, Australia, without regard to its conflict of law provisions.
You agree to submit to the exclusive jurisdiction of the courts located in New South Wales, Australia, for the resolution of any disputes arising out of or in connection with these Terms and Conditions or your use of the Website, its Content, or the Services and Products.
11. Severability
If any provision of these Terms and Conditions is found to be invalid, illegal, or unenforceable by a court of competent jurisdiction, the remaining provisions will remain in full force and effect and the invalid, illegal, or unenforceable provision will be deemed modified to the minimum extent necessary to make it valid, legal, and enforceable.
12. Waiver
No waiver of any provision of these Terms and Conditions by Topland will be deemed a further or continuing waiver of such provision or any other provision, and any failure by Topland to assert a right or provision under these Terms and Conditions will not constitute a waiver of such right or provision.
13. Modifications
Topland reserves the right to modify these Terms and Conditions at any time without prior notice. Your continued use of the Website, its Content, or the Services and Products after any modification of these Terms and Conditions constitutes your acceptance of the modified Terms and Conditions. It is your responsibility to review these Terms and Conditions periodically to stay informed about any changes.
14. Contact Information
If you have any questions, concerns, or comments about these Terms and Conditions, or if you require assistance with your account, please contact us at:
Topland Property Group
83A Glebe Point Rd, Glebe, New South Wales 2037
Phone: +61455868686
Email: contact@topland.au
15. Entire Agreement
These Terms and Conditions, together with the Privacy Policy and any other legal notices published by Topland on the Website, constitute the entire agreement between you and Topland concerning your use of the Website, its Content, and the Services and Products, and supersede all prior or contemporaneous communications and proposals, whether electronic, oral, or written, between you and Topland with respect to the Website, its Content, and the Services and Products.
Lastupdated: Apr10,2023
