Terms And ConditionsTopmeApp Pty Ltd
- These terms and conditions (Terms) govern your use of the Topme software application for use with compatible smartphone and tablet devices (the App), your use of www.topmeapp.com.au (Website) and your purchase of any PrePaid Mobile recharge top-up (Products) from TopmeApp Pty Ltd (ACN 601 971 144) trading as Topme (us/we).
- By using the App and/or the App and/or the Websiteand/or purchasing the Products you agree to be bound by the Terms. Any ignorance by you of the existence of the Terms does not constitute a waiver of any provisions contained in the Terms and if you choose not to accept the Terms you must not use the App, the Website or purchase the Products. The Terms constitute the entirety of the terms and conditions of use with respect to the App, the Website and purchase the Products unless otherwise expressly allowed for in writing by us.
- We reserve the right to vary any of the Terms, or any other policy or guideline regarding the App, the Website or the Products, at any time in our sole discretion and without notice to you. Unless otherwise specified in writing by us, any changes or modifications to the Terms will be effective immediately upon their publication on the Website. You hereby agree to review the Terms and any other applicable policies and guidelines relating to the App, the Website and the Products periodically to be aware of any variations to the Terms and furthermore you acknowledge that the use by you of the App, the Website and/or the purchase by you of the Products constitutes an agreement by you to by bound by the Terms as amended or varied from time to time. If you do not agree to any amended terms, you must not use the App, the Website or purchase the Products.
By using the App, the Website and/or purchasing the Products, you, at all times:
- warrant that your use of the App, the Website and/or your purchase of the Products do not violate any applicable laws;
- confirm that you have elected to use the App, the Website and/or purchase the Products of your own free will;
- Confirm that you are eligible to use the App, the Website or purchase the Products and have not previously been suspended or removed from the Website or the App. Eligibility is dependent on your age; you must be at least thirteen (13) years of age to use the App or purchase the Products, in order to use the App, the Website and/or purchase the Products;
- agree and acknowledge that we are only a distributor of the Products, in that we obtain the Products from various telecommunication providers and/or third party suppliers (the Providers) and allow you to purchase these Products through us, on the App. We are entitled to, at our sole discretion, continue or discontinue using certain Providers, and we are entitled to, at our sole discretion, to determine which Products we may offer on our App. For a full list of the Providers please refer to the Website; we note that this list is subject to change and it is your responsibility to ensure that you keep yourself updated in this regard by visiting and reviewing the list on the Website;
- Agree and acknowledge that we are not responsible nor liable for any Provider’s obligations to you, which are contained within their Products or otherwise associated with their Product;
- Agree and acknowledge that should you have any issues with the Product after purchasing the Product from the App, you must inform the Provider or directly, and you agree to release us from any liability that may arise from your subsequent use of the Product after purchasing it from the App;
- Acknowledge that your use of the App, the Website and/or purchase of the Products will provide access to, and interaction with, third parties and their content, messages, images, or other materials;
- Will always use the App and/or the Website, in a respectful, inoffensive and courteous manner;
- Agree to provide accurate, current and complete information about yourself as you may be prompted by any registration forms on the App, including registration through any form of social media available to the public, currently or in the future, including but not limited to “LinkedIn”, “Facebook”, “Twitter”; and/or “Instagram” (Social Media), and you further agree to promptly update any information you provide to us in order to keep it accurate, current and complete;
- Agree and acknowledge that registration through Social Media will allow us to have access to your Social Media content, subject to any content that is private and/or limited to that specific Social Media application;
- Acknowledge that we may use the information that you provide on the App and/or the Website in order to suggest Products that may be appropriate for your consumption. You acknowledge that any recommendations that we make are suggestions only and we make no warranty of any kind in relation to these suggestions and/or the Products. You release us from all liability in this respect;
- Use the App, and/or the Website, and/or purchase the Products at your own risk;
- Warrant that you are purchasing the Products for your own consumption and use;
- Acknowledge and agree that, in order to cooperate with legitimate governmental requests,
- Agree that, in the event that an account is created under the name of a corporate entity, which may only occur when the corporate entity registers through their Social Media, the authorised agent of such corporate entity, listed in the account details, hereby enters into these Terms as personal guarantor and, as such, is personally liable with respect to the Terms.
- Using the App in accordance with these terms and conditions will allow you to have access to the Products and will allow you to purchase the Products. The App will also allow you to share your Social Media when purchasing the Products.
- You must download the App from the appropriate application store on your smartphone or tablet device, and you will be required to update the App from time to time, in order to ensure that you have a current and working version.
- The App may access information regarding your location when the App is in use and the App may access information regarding your previous activity on the App. The App may use the information regarding your location to offer location relevant rewards to you from the Providers, in accordance with clause 9 below. If you do not want the App to access your location, it is your responsibility to disable the location services in the settings of your smartphone or tablet device. If you choose to disable the location services on your smartphone or tablet device, we take no responsibility for, and you release us from liability in regards to, your failure to receive any location relevant rewards, Products or information from the Providers, through the App.
- The App may send you push notifications, which are notification alerts that arise on your smartphone or tablet device (Push Notifications). The Push Notifications provide alerts including but not limited to, updates on the remaining value of your purchased Product, what marketing proposals we or our Providers provide you with, advertisements and/or information that our Providers may send to you, what rewards you may be eligible for, and any other notifications which we deem appropriate in our sole discretion, for your use. You may choose to disable the Push Notification function in the settings of your smartphone or tablet device, however, we take no responsibility for, and you release us from any liability in regards to, your failure to receive notifications from us, as a result of your actions in disabling the Push Notifications.
- In order to use the Website or the App you will create one individual account on the App, which will allow you to purchase the Products (Your Account).
- Your Account is not transferrable to any other entity or person. You are the sole owner of Your Account and only you can retain, access and use Your Account. Your Account is your full responsibility and you must keep Your Account in good, proper and fit-for-use condition.
- Your Account provides you with access to our payment facility, which payments are currently processed by a Provider, as noted, from time to time on the App and/or the Website, and which Provider we may change, in our absolute discretion, and without notice to you. You will be required to provide your payment method details through our payment facility, in order to purchase the Products. After the expiration of your Product, if there are any remaining monies in Your Account, the monies will remain in Your Account and will become the balance that is left over from the value of your Product, subject to each Provider’s terms and conditions in this regard. If the Provider allows for the balance to remain on Your Account after the expiration of the Product, we allow you to apply this balance to a new Purchase. At no stage can the remaining monies be transferred to any other Topme account, nor any other payment institution or facility, including but not limited to a bank account or a credit card. This provision is dependent on each Provider’s terms and conditions regarding expiration dates and balance monies for the Products. We take no responsibility, and cannot be held liable for the Provider’s decisions regarding what may occur with any remaining monies at the expiration of the Product.
Sale And Purchase
- In order to purchase any Products, you agree to pay us the prices that we have allocated to those Products, by using Your Account on the App. All prices on the App are in the relevant jurisdiction’s currency and, unless otherwise stated, include GST. We reserve the right to vary the prices displayed of the Products at any time, in our absolute discretion, without notice to you. Any such changes to the prices of the Products will be visible and displayed on the App.
- We may accept payment via credit cards and/or debit cards, including Visa and Mastercard. When making credit card or debit card payments using the App, we use a Provider, as noted, from time to time on the App and/or the Website to ensure that your information is kept safe and secure.
- The information on the App and/or the Website constitutes an invitation to treat, and your offer to purchase any Products will not be accepted by us until your payment for the Products has been successfully processed through Your Account, we have received your payment in cleared funds, and you have received a receipt from our Provider that includes the transaction number, and confirmation from us, which will confirm the Products that you have nominated to purchase (your Order).
- You acknowledge that we deliver the Product to you, solely by using the Provider’s infrastructure facilities, which is limited to the geographical area that you confirmed during the registration process on the App. You release us from any liability arising out of our, or the Provider’s failure to deliver the Product to you.
- We will deliver your Order to the mobile phone number that you provided in Your Account, and you agree that ownership of, and risk relating to, the Products passes from us to you as soon as the Products are delivered to Your Account. You must ensure that the mobile number that you have provided in Your Account is correct. You release us from any liability arising out of our failure to deliver the Product to Your Account, as a result of your incorrect insertion of a mobile number.
- In the event that you do not receive your Order within twenty-four (24) hours of your payment, you must promptly notify us via email, [email protected]. You are obliged to include your mobile number, the name of the Provider, the value of the Product, the transaction number from your payment receipt, a confirmation email from us, the transaction date and the Order number in your email to us. Upon our receipt of your email with these details included, we will investigate the matter, and clause 8 may apply. Any failure by you to notify us of your missing Order within a reasonable time, releases us from all liability regarding your Order. Any failure by you to provide your correct details in the Order, releases us from all liability regarding your Order.
Cancellation, Returns And Refunds
- We reserve the right to cancel your Order at any time prior to ownership of the Products passing to you, in which event, we will provide with a credit note in the amount of those Products within a reasonable time. Notwithstanding the remainder of these Terms, you may not return Products if:
- you change your mind; or
- the Products are not suitable for return.
- In the event that we are entitled to a cancel a Product, due to some fault or mistake in relation to the Product as listed on the App or the Website:
- we will contact you within one (1) day of the mistake or fault. We can contact you via the email address or the mobile number that you provided in Your Account or by Push Notification; and
- we will provide you with a credit note to the value of the Product. If you would prefer a refund, you must immediately notify us.
- You may request a Refund where:
- you completed a transaction on the App, and the transaction has been charged to your credit card and/or debit card and/or Your Account, but you have not received the Product within twenty-four (24) hours of the transaction;
- you must contact us in accordance with clause 7(c) above, if you have not received the Product within one (1) day of your Order; and
- we will provide you with a refund to the value of the Product within three (3) to twentyone (21) business days.
- We reserve the right to cancel your Order at any time prior to ownership of the Products passing to you, in which event, we will provide with a credit note in the amount of those Products within a reasonable time. Notwithstanding the remainder of these Terms, you may not return Products if:
- The Provider may offer bonus rewards and offers to you (Rewards), to be used in relation to the purchase of the Products, in the App in their absolute discretion.
- We may notify you of the Rewards and save the Rewards on Your Account. We are in no way responsible or liable for any changes that the Provider may make to the Rewards. We are in no way responsible or liable for any additional terms to the use of the Rewards, including but not limited to eligibility criteria, value of the Rewards, expiry dates and Products to which the Rewards applies. The Rewards may only be offered and redeemed through the App and you will be required to follow the instructions that are contained in the App, in order to use the Rewards.
- We will not be liable for any loss, damage, costs or injury suffered in relation to any Rewards. We will not be held responsible for, or liable in regards to, any of the Provider’s obligations to you, which are contained within the Rewards or otherwise associated with the Rewards.
- Any issues and/or questions that you may have in regards to the Rewards must be communicated to the Provider directly.
You agree and acknowledge that:
- the Products have not been sold to you by way of sample;
- no representations have been made as to the fitness or suitability of the Products for any purpose,
- including but not limited to your smartphone and/or tablet device; and you have not made any representations to us regarding the purpose for which you intend to use the Products.
Your use of the App and/or the Website and/or any other digital platforms associated with the App and/or the Website or us, may enable you to create, view, edit, post, transmit and/or store content which includes, but is not limited to, photos, videos, text, graphics, data, information, sound, the Social Media affiliated with Your Account and/or other materials (collectively, Your Content). You retain ownership rights in Your Content, unless we indicate otherwise, in our absolute discretion. You hereby:
- grant us and our Related Entities (as defined in the Corporations Act 2001 (Cth)) a non-exclusive, royalty-free, perpetual, transferable, worldwide, irrevocable and fully sublicensable and transferrable license to use, reproduce, modify, adapt, translate, distribute, publish, create derivative works from, publicly display and perform all or any part of Your Content in any media, now known or hereafter devised;
- acknowledge that we have the absolute discretion to delete, edit, modify or reject Your Content at any time;
- acknowledge that we have no obligation to maintain any confidentiality in relation to Your Content, (c) to offer you any payment in any form in relation to Your Content, or to attribute any authorship to you in relation to Your Content;
- grant us and our Related Entities (as defined above) and sublicensees the right to use the name (d) that you submit in connection with Your Content, if we so elect in our absolute discretion;
- represent and warrant that:
- you own and control all of the rights to Your Content that you have the lawful right to post or otherwise distribute to or through the Website;
- Your Content is accurate and not misleading; and
- your use and/or transmission of Your Content does not violate these Terms and will not violate any rights of or cause injury to any person or entity,
- grant us the right to pursue at law any person or entity that violates your or our rights in Your Content by a breach of these Terms;
- you forever waive and agree not to claim or assert any entitlement to any and all moral rights of an author in any of Your Content;
- you forever release us, and our licensees, successors and assigns, from any claims that you could otherwise assert against us by virtue of any such moral rights;
- agree that we may use Your Content, in whole or in part, for our own commercial purposes;
- acknowledge that certain Providers may access encrypted and anonymous information associated with you, as a consequence of your use of the App and/or the Website, for the purposes of advertising and/or usage analytics, including but not limited to your mobile browsing data, mobile application data, non-precise location information and other non-precise information; and
- acknowledge that the Provider may allow you to opt out of providing the information referred to in 11(j), subject to the Provider’s own terms and conditions, and you release us from any liability regarding the Provider’s use and access to the information referred to in 11(j).
When accessing or using the App and/or the Website, you must not, at any time:
- use the App and/or the Website for any purpose that is illegal, beyond its intended use, or otherwise prohibited by these Terms;
- use the App and/or the Website in any way that could damage our reputation or the goodwill or other rights associated with the Website or Our Content (as defined below);
- use or attempt to use another user’s account in any circumstances;
- harass, abuse, intimidate, bully, or otherwise offend any other user of the Website;
- violate any legislative, common law or equitable rights of any third parties;
- send any of Your Content which:
- contains unsolicited promotions, political campaigns, unauthorised advertising, spam, or solicitations;
- impersonates any person or entity or otherwise misrepresents your affiliation with any person, entity, product or service;
- encourages, constitutes or provides instructions for a criminal offence, violates the rights of any party, or that would otherwise create liability or violate any local, state, national or international law, including, without limitation, the regulations of the U.S. Securities and Exchange Commission or any rules of a securities exchange such as the New York Stock Exchange, the Australian Stock Exchange or the NASDAQ;
- is unlawful, libellous, defamatory, obscene, pornographic, indecent, lewd, suggestive, harassing, threatening, invasive of privacy or publicity rights, abusive, inflammatory, fraudulent or otherwise objectionable;
- contains private information of any third party, including, without limitation, addresses, phone numbers, email addresses, social security numbers and credit card numbers;
- contains viruses, corrupted data or other harmful, disruptive or destructive files; or
- in the sole judgment of us, is objectionable or which restricts or inhibits any other person from using or enjoying the Website, or which may expose us or our Related Entities or its users to any harm or liability of any type.
You agree and acknowledge that we may, at any time in our absolute discretion and without notice to you:
- modify, discontinue, temporarily or permanently, your access to the App and/or the Website in whole or in part;
- assign our interests outlined in these Terms;
- run advertisements and promotions on the App and/or the Website, and in this regard we will not be a party to any dealings that you may have with any other entities as a result of these advertisements or promotions; and/or
- freeze or terminate your access to the App and/or the Website without prior notice to you.
- Except as otherwise expressly indicated by us in writing, the App and/or the Website and all information, messages, data, software, photographs, graphs, videos, typefaces, graphics, music, sounds, and other material and content contained in the App and/or the Website, including, without limitation, the logo and all designs, text, graphics, pictures, information, data, software, sound files, other files and the selection and arrangement thereof (collectively, Our Content) are the property of us or our Related Entities or licensors and are protected by Australian and international copyright laws. The App, the Website and all of Our Content is copyrighted – (c) 2016 TopmeApp Pty Ltd trading as Topme All Rights Reserved.
- We own all intellectual property rights in relation to the App, the Website and Our Content which arise by operation of legislation, common law or equity, and which includes, but is not limited to the trade marks, copyright, patents, patents pending, know how, trade secrets, names of domains, products, brands and services, moral rights, designs, inventions, confidential material, irrespective of whether these items or rights are registered, or capable of registration.
We hereby grant you a non-exclusive, limited, non-sublicenseable licence to access the App, the Website and Our Content, strictly in accordance with these Terms. This licence is revocable at any time by us in our sole discretion. In using this licence, you must not:
- use Our Content other than for its intended purpose;
- distribute or display Our Content without our prior permission;
- modify, reproduce or otherwise make derivative uses or works from Our Content, or any portion thereof;
- use any data mining, robots or similar data gathering or extraction methods with respect to Our Content;
- use Our Content for any commercial use; or
- copy, imitate or use in the same or a deceptively similar fashion any of Our Content, in whole or in part, including the look at the feel of the Website, including all page headers, custom graphics, button icons and scripts.
- To request permission for uses of Content not included in the foregoing licence, you must contact us by email to:
Website and/or the Website Administrator Topme [email protected]
Copyright Complaint Policy
- Infringement Notification: If you believe in good faith that materials hosted by us infringe your copyright, please contact us via this email address [email protected].
- We suggest that you consult your legal advisor before filing a notice or counter-notice. Also, please note that you may be liable for damages (including costs and legal fees) if you make a false claim of copyright infringement.
Repeat Infringer Policy
In accordance with applicable law, we have adopted a policy of terminating, in appropriate circumstances and at our sole discretion, account holders who are deemed to be repeat infringers. We may also at our sole discretion limit access to the Website and/or terminate the accounts of any users who infringe any intellectual property rights of others, whether or not there is any repeat infringement.
You agree and acknowledge that your violation of any of the Terms is strictly prohibited and will terminate the licence contained in these Terms immediately and without notice to you.
- Except as expressly provided to the contrary in writing by us, or the Website or the App, the materials contained therein and the Products are provided on an “as is” basis without warranties of any kind, either express or implied. We expressly disclaim all other warranties, express or implied, including without limitation implied warranties of merchantability, fitness for a particular purpose, title and non-infringement as to the Products, information, content and materials on the App and/or the Website. We do not represent or warrant that materials in the Website or the App are accurate, complete, reliable, current or error-free, and expressly disclaim any warranty or representation as to the accuracy or proprietary character of the App and/or the Website and/or the Products, or any portion thereof
- We are not responsible for typographical errors or omissions relating to the Products, availability, pricing, text or imagery. In the event that any information displayed on the App, the Website or that we provide to you is incorrect due to a typographical or administrative error, including but not limited to errors or inaccuracies relating to pricing, Product features or other information, you agree that we may terminate any agreement arising from any acceptance of an offer made in this regard, despite the fact that you have received a confirmation email. In this event, our refund policy listed in clause 8 applies.
- While we attempt to make your access to and use of the App and/or the Website safe, we cannot and do not represent or warrant that the App and/or the Website or its server(s) are free of viruses or other harmful components, or that defects will be corrected; therefore, you should use industryrecognised Website and/or the App to detect and disinfect viruses from any download or use of the App and/or the Website.
- We do not authorise any entity to make a warranty on our behalf, in any situation including but not limited to warranties made by Providers. We are not responsible for any entity that claims to be authorised on our behalf and you agree to release us from any liability that arises from an entity or individual that claims to be authorised to act on our behalf.
All of Our Content, including but not limited to the information relating to mobile phone products and pricing, is provided in summary form and is in no way intended to constitute advice as to what Product you should purchase. Before relying upon this information or using any Product, you must first consider whether the Product is suitable to you. We are not liable for any losses, costs or damages of any kind that are incurred as a result of a violation in these Terms.
Limitation Of Liability
- We note that some legislation and consumer protection laws and regulations, which apply to New South Wales, confer rights upon you which cannot be excluded, restricted or modified (Statutory Rights). Notwithstanding the remainder of these Terms, you hereby waive the benefit of all conditions, rights and warranties implied by custom, law or statute, in relation to the Website, to the App and the Products, except for the Statutory Rights.
- You waive and covenant not to assert any claims or allegations of any nature whatsoever against us, our Related Entities, or their respective directors, officers, employees or agents arising out of or in any way relating to your purchase of the Products, your use of the Website and the App, Our Content or the materials contained in or accessible through the Website or the App, including, without limitation, any claims or allegations relating to the alleged infringement of proprietary rights, alleged inaccuracy of Website and/or the Website content, and/or the App and/or the App content or allegations that we have or should indemnify, defend or hold harmless you or any third party from any claim or allegation arising from your use or other exploitation of the App and/or the Website. You use the App and/or the Website at your own risk and purchase the Products at your own risk.
- Without limitation of the foregoing, neither us nor our Related Entities shall be liable for any direct, special, indirect or consequential damages, or any other damages of any kind, including but not Topme© Licensed for use by TopmeApp Pty Ltd trading as Topme Page 9 of 10 limited to loss of use, loss of profits or loss of data, whether in an action in contract, tort (including but not limited to negligence) or otherwise, arising out of or in any way connected with the purchase of Products, the use of the App and/or the Website, the content or the materials contained in or accessible through the Website, including without limitation any damages caused by or resulting from your reliance on any of our content or other information obtained from us or accessible via the website, or that result from mistakes, errors, omissions, interruptions, deletion of files or email, defects, viruses, delays in operation or transmission or any failure of performance, whether or not resulting from acts of god, communications failure, theft, destruction or unauthorised access to our records or programs.
- In no event shall the aggregate liability of us, whether in contract, warranty, tort (including negligence, whether active, passive or imputed), product liability, strict liability or other theory, arising out of or relating to the use of the App and/or the Website exceed any amount that you pay to us, if any, for the purchase of the applicable Product.
- Without limitation of the foregoing, neither us nor our Related Entities shall be liable for any direct, special, indirect or consequential damages, or any other damages of any kind, including but not Terms and Conditions Topme© Licensed for use by TopmeApp Pty Ltd trading as Topme Page 9 of 10 limited to loss of use, loss of profits or loss of data, whether in an action in contract, tort (including but not limited to negligence) We take no responsibility and assumes no liability for any content posted, stored or uploaded by you or any third party, or for any loss or damage thereto, nor are we liable for any mistakes, defamation, slander, libel, omissions, falsehoods, obscenity, pornography or profanity you may encounter. As a potential provider of interactive services, we are not liable for any statements representations or content provided by our users in any public forum, personal home page or other interactive area.
- We take no responsibility and assume no liability for any damage or loss that may occur to your smartphone or tablet device, or compute device, that may result from your use of our Website or of the App.
- We take no responsibility and assume no liability for any Rewards, Products, content or communication that you may receive from the Provider, nor any of the changes that the Provider may make to the Products.
You agree to indemnify us and our agents, directors and employees from all claims, losses, demands, damages, proceedings, compensation, costs, charges, expenses and liabilities, including but not limited to legal costs, arising from your failure to comply with the Terms or any applicable legislation.
Applicable Law And Venue
The App and the Website (excluding third party Website) are hosted by a Provider. The App and the Website are accessible in all states of the Australia and in other countries. Therefore, you explicitly agree that all disputes, claims or other matters arising from or relating to your use of the Website will be governed by the laws of New South Wales, Australia, without regard to its conflicts of law principles. You agree that all claims you may have against us arising from or relating to the App or the Website will be heard and resolved in a court of competent subject matter jurisdiction located in New South Wales, Australia. You consent to the personal jurisdiction of such courts over you, stipulate to the fairness and convenience of proceeding in such courts, and covenant not to assert any objection to proceeding in such courts. If you choose to access the App and/or the Website from locations other than in New South Wales, Australia, you will be responsible for compliance with all local laws of such other jurisdiction. Further, all references to a time in these Terms is that time in Sydney, Australia.
If any provision of these Terms shall be deemed unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from these Terms and shall not affect the validity and enforceability of any remaining provisions.
You agree that we have the right to send you certain information in connection with the App, the Website and/or the Products. We may send you this and any other information in sms to the mobile number you provided for Your Account, or we may send you an e-mail to the address you provided for Your Account, or we may send Push Notifications to the App. You may have the right to withdraw this consent under applicable law, but if you do, we may cancel your rights to the App. Notices provided to you via sms, e-mail and/or Push Notifications will be deemed given and received on the transmission date of the the sms, e-mail and the Push Notification. As long as you access and use the App, you agree that you will have, or have access to, the necessary App and hardware to receive such notices. If you do not consent to receive any notices electronically, you agree to stop using or accessing the App.
You agree that a failure or delay by us in enforcing any provisions of these Terms shall not operate as a waiver of our rights in relation to enforcement of those provisions.
Questions And Comments
If you have any questions regarding these Terms, the purchase of the Products or your use of the App or the Website, please submit them to us, using the email address, [email protected].