Terms & Conditions
Hi and welcome to Top Teacher!
You, the Subscriber must pay the Subscription Fee to Top Teacher. Upon payment of the Subscription Fee, Top Teacher grants a non-exclusive, non-transferable Licence to the Subscriber to use the Resources for the Term in accordance with the Permitted Uses and as otherwise set out in this Licence.
These terms and conditions (“Terms and Conditions”) may be updated by us from time to time without notice to you. We will post any changes to these Terms and Conditions on this page and we will also indicate at the top of this page the date that these Terms and Conditions were last revised.
By browsing and using www.topteacher.com.au, you are agreeing to comply with and be bound by the following Terms and Conditions of use, which govern the relationship between you and Top Teacher.
Your continued use of the service or the website after any such changes constitutes your acceptance of the new Terms and Conditions. If you do not agree to abide by these or any new Terms and Conditions, do not use or access (or continue to use or access) the service or the website. It is your responsibility to regularly check this page to determine if there have been changes to these Terms and Conditions and to review such changes.
You should print a copy of these Terms and Conditions for future reference.
Top Teacher is a provider of premium quality, printable teaching resources – we call this the ‘Service’. Our resources are primarily distributed through www.topteacher.com.au, we call this the ‘Website’.
Certain aspects of the Website may require you to register and provide information about yourself. You agree to: (a) provide true, accurate, current and complete information about yourself as prompted by the relevant registration form (such information being the "Registration Data") and (b) maintain and promptly update the Registration Data (by emailing us) to keep it true, accurate, current and complete.
The registration processes on the Website will involve you giving a password and account designation. You are responsible for maintaining the confidentiality of the password and account, and are fully responsible for all activities that occur under your password or account. You agree to (a) immediately notify Top Teacher of any unauthorised use of your password or account and any other breach of security, and (b) ensure that you exit from your account at the end of each session. Top Teacher cannot and will not be liable for any loss or damage arising from your failure to comply with this obligation.
You agree to indemnify, defend and hold Top Teacher and its affiliates harmless from and against any and all liability, losses, costs, claims and expenses incurred directly or indirectly (including reasonable legal fees) incurred in connection with or arising out of your violation of these Terms and Conditions, any applicable law or regulation or the rights of any third parties related to the use of the Content, our Website, Service and tools. This indemnity includes both any liability to third parties, and other costs and losses incurred by Top Teacher.
Special warning for international use
The Website is designed to be compliant with applicable Australian laws and regulations. Due to the global nature of the Internet, users from all over the world may have access to the Website, however if you are resident in a country outside of Australia you use the Website at your own risk.
Modifications to service
Top Teacher reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Service (or any part thereof) with or without notice. You agree that Top Teacher shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Service.
You agree that Top Teacher, in its sole discretion and without liability to you or any third party, may suspend or terminate, with or without notice, the Website and/or the Service or any part of it or any of your passwords or accounts (or any part(s) thereof or related files and information) within the Service, and may remove and discard any Content within the Service, for any reason, including, without limitation, for lack of use or if Top Teacher believes that you have violated or acted inconsistently with the letter or spirit of these Terms and Conditions. Where there is a breach of these Terms and Conditions, the rights described in this paragraph are not Top Teacher’s only remedy and Top Teacher may take any other action we reasonably deem appropriate in connection with such breach.
Dealing with advertisers and other suppliers
Your dealings with advertisers, merchants and any other third party found on or through the Service, including payment and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such third party. To the fullest extent permitted by applicable law, you agree that: (a) Top Teacher shall not be responsible or liable for any loss or damage of any kind incurred as the result of any such dealings or as the result of the presence of such advertisers and merchants on the Service or the Website, and (b) any orders placed by you on, and any product specifications and product availability appearing on, the Service or the Website are subject to confirmation by, and are supplied subject to the terms and conditions of business of, the relevant merchant.
Use of Top Teacher Resources
All articles, information and other materials presented on this Website are subject to copyright, trade mark right and/or other intellectual property right owned by or licensed to Top Teacher. You are prohibited from reproducing, extracting, providing links to or otherwise communicating or making available to third parties any part of the content of this Website without Top Teacher’s written consent. You acknowledge that, by making use of this Website, you are agreeing to comply with this prohibition and that any breach thereof is likely to result in legal proceedings being issued against you.
You expressly acknowledge and agree that:
The content of the pages of this Website is for your general information and use only. It is subject to change without notice.
Your use of the Service is at your sole risk. Top Teacher has made every effort to ensure that the Content on the Website and made available through the Service is accurate and up-to-date and correct at the time of publication. However, the Website and the Service are provided on an 'as is' and 'as available' basis. We do not guarantee the accuracy, timeliness, completeness or fitness for purpose of the Content provided on the Website or through the Service or that use of the Website will be uninterrupted, virus free or error-free. No responsibility is accepted by or on behalf of Top Teacher for any errors, omissions or inaccurate information on the Website or available through the Service.
Neither Top Teacher nor any third parties provide any warranty or guarantee as to the accuracy, timeliness, performance, completeness or suitability of the information and materials found or offered on this website for any particular purpose. You acknowledge that such information and materials may contain inaccuracies or errors and we expressly exclude liability for any such inaccuracies or errors to the fullest extent permitted by law.
Unauthorised use of this Website may give rise to a claim for damages and/or be a criminal offence.
From time to time this Website may also include links to other websites. These links are provided for your convenience to provide further information. They do not signify that Top Teacher endorses the website(s) and Top Teacher has no responsibility for the content of the linked website(s).
The Content on the Website and made available through the Service is for general information only and is not intended to, nor does it, constitute legal or other professional advice or services or a recommendation to purchase any product or service upon which a specific decision should be made. The information, Content of the Website and Service do not address your particular circumstances and accordingly you should not rely upon the Content of the Website or the Service as a substitute for proper professional advice.
Top Teacher is not responsible for how the Content on the Website or available through the Service is used, is interpreted or what reliance is placed on it. We do not accept any responsibility for the results of any action taken on the basis of the information provided on the Website or available through the Service. It shall be your own responsibility to ensure that any products, services or information available through this Website meet your specific requirements.
Any material downloaded or otherwise obtained through the use of the Service is done at your own discretion and risk and you will be solely responsible for any damage to your computer system or loss of data that results from the download of any such material.
No advice or information, whether oral or written, obtained by you from Top Teacher shall create any warranty or other obligation not expressly stated in these Terms and Conditions.
Your use of this Website and any dispute arising out of such use of the Website is subject to the laws of Australia and you hereby consent to this jurisdiction.
Availability of the Website
Top Teacher will endeavour to maintain a fantastic record of uptime and availability of the Website. We do not, however, guarantee that the Website will operate continuously without interruptions or be error free and Top Teacher therefore accepts no liability for its unavailability. You must not attempt to interfere with the proper working of the Website and, in particular, you must not attempt to circumvent security, tamper with, hack into, or otherwise disrupt any computer system, server, Website, router or any other internet connection device.
Limitations of Liability
(a) Where the Australian Consumer Law as contained in the Competition and Consumer Act 2010 (Cth) ("ACL") applies to this Licence and where Top Teacher is able to limit its liability under the consumer guarantees contained in the ACT, Top Teacher’s liability for any breach of such a condition, warranty, consumer guarantee or right will (but only to the extent permitted by law) be limited (at Top Teacher's option):-
(i) in the case of goods supplied, to the replacement or repair of the goods or the supply of equivalent goods, the payment of the cost of repairing or replacing the goods or acquiring equivalent goods; or
(ii) in the case of services supplied, to the supplying of the services again or the payment of the cost of having the services supplied again.
(b) Subject to clause 9(a), all conditions, warranties and rights implied by any relevant legislation other than the ACL in favour of the Subscriber or any other person are excluded (to the extent permitted by law) from this Licence. (c) Except as provided in this clause 9, and despite any implication arising from any other clause, Top Teacher will not be liable to the Subscriber or any person claiming under the Subscriber in contract or in tort (including negligence) or under statute for or in respect of any direct loss, indirect loss or Consequential Loss, damage, expense or injury suffered by the Subscriber or any other person, arising out of or in relation to the Resources or to this Licence, its performance, any delay in its permformance or its non-performance (including as a result of negligence or default), or any error in information supplied to the Subscriber before, during or after expiry of the Term.
If you have any complaints about the Website, we want to hear from you so we can improve our service. Please e-mail us at firstname.lastname@example.org and we'll consider your comments carefully. We want to help.
Your subscription to Top Teacher is subject to these Terms and Conditions in every aspect. These additional conditions shall apply to this service:
In accordance with the general Terms and Conditions, your username and password will not be shared with anyone.
In accordance with our Copyright Terms, you will not redistribute resources and you understand that any resources you download are for your personal use only.
You agree to abide by the Top Teacher Copyright Terms.
You agree that a breach of any of the general Terms and Conditions will lead to the account being immediately suspended. It is at Top Teacher’s absolute discretion as to whether the account will be reinstated.
You agree that we will monitor your usage of the website to allow us to determine whether a violation has, or is, occurring.
Due to the nature of the subscription, refunds will not be available under any circumstance.
Acceptable Use Policy
Top Teacher is designed to allow individual users to download from a large range of premium teaching resources for their own needs. Collectively, the resources have taken many thousands of hours to create. As such, we feel that it is a violation against the Website when the terms and conditions of Top Teacher are not adhered to – and we take it very seriously.
Top Teacher considers that no user would reasonably need to download more than 100 resources each month and accounts exceeding this download level are subject to review.
The contents of the Website is protected by international copyright laws and other intellectual property rights. The owner of these rights is Top Teacher. Any material or information downloaded from this Website is subject to Copyright Terms. You may not modify, copy, reproduce, republish, upload, post, transmit or distribute, by any means or in any manner, any material or information downloaded from this Website without prior written authorisation from a director of Top Teacher.