Terms & Conditions

Updated 04/02/2021

Hi and welcome to Top Teacher (Top Teacher PTY LTD ABN 39 627 648 793)!

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.

Definitions

Billing date means the date you sign up to the Top Teacher Subscription, is the day we commence with your billing period of twelve (12) months. 

Content  means all material, content or products accessed, downloaded or purchased via our websites. This content includes text, images, sounds, videos, styles, animations, graphics, data, products, materials, services, links, technology, code, language, functions, software and applications or any other content made available on or through any Top Teacher-related site and any related Intellectual Property. 

Etiquette means a code of behaviour you must follow to ensure that Top Teacher remains a fun, safe environment for its Members. You must ensure that your own behaviour is not offensive to others, as deemed by Top Teacher. Top Teacher has a zero-tolerance policy for bullying and offensive behaviour.

Intellectual Property means all related intellectual property rights including, without limitation: trade marks, copyrights, right to extract information from databases, design rights, privacy policies, and any related intellectual property rights (whether or not any of them are registered and including applications and the right to make applications for registration of any of them).

Member (and/or Subscriber) means you! The user who is subscribed to our Top Teacher Subscription, and is accessing and using any of the websites and/or Top Teacher Content. In doing so, you agree that you are responsible for maintaining the confidentiality of the password and account. You acknowledge that you are fully responsible for all activities that occur under your password or account.

Subscription means the Top Teacher Subscription that the Member has undertaken, where Top Teacher supplies the Member the Content as agreed upon, by subscription and license. You acknowledge that the Top Teacher Subscription lasts for a period of twelve (12) months. Please note, following the end of the Subscription period, your access to our resource portal will lapse. If you wish to continue your access to our resource portal, and renew your Subscription with Top Teacher, you will be required to opt-in to a new subscription.

User – means any person who wishes to access the Top Teacher site in accordance with the Terms and Conditions and any other relevant policy, whether it be a casual user or a Member.

THE PLATFORM

The Service

Top Teacher is an online subscription-based hub dedicated to creating 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’.

Subscriber Service

To gain access to our platform of resources, you 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. For clarity purposes, payment of one Subscription Fee with Top Teacher grants access to one user only. 

Member Accounts

There are parts of the Top Teacher websites that  may require you to register and provide information about yourself. By doing so, you agree to: (a) provide true, accurate, current and complete information about yourself as prompted by the relevant registration form and (b) maintain and promptly update any such identifying data to keep it true, accurate, current and complete, via email.

The Internet is not a secure medium. However, Top Teacher will endeavour to protect all personal information collected through the Website in accordance with strict data protection standards. Your privacy is incredibly important to us. You can read more about it in our Privacy Policy.

Username and Password

The registration processes on the Top Teacher site will involve you giving a password and account. You are responsible for maintaining the confidentiality of this password and account, and you are fully responsible for all activities that occur under your password or account. In order to ensure this, you must:

  • take all reasonable steps to keep login details confidential;
  • not share your login details with anyone;
  • let Top Teacher know of any breach of security such as any unauthorised use of your login details;
  • change login details immediately if you believe that such details are known to someone else.

You are responsible for keeping your login details secure and confidential. If you believe that your details are not secure, then you need to get into contact with Top Teacher as soon as possible. Top Teacher cannot and will not be liable for any loss or damage arising from your failure to comply with this obligation.

Withdrawal of Access

Top Teacher reserves the right to suspend or withdraw your login access at any time without notice and at its sole discretion pending investigation where it has reason to believe that such member details have been discovered and/or used by any person or organisation other than an authorised user of Top Teacher’s Subscription Services. For completeness, an authorised user of Top Teacher’s Subscription Services is defined as a Member and/or Subscriber. This is a person who has registered for the Subscription to use and agrees to protect the confidentiality of their login details.

In the event that unauthorised users are accessing any Subscription Service using your ID then, without prejudice to its other rights and remedies, Top Teacher reserves the right to charge you an amount equal to the charges which would have been payable had each unauthorised user subscribed for the Subscription Services themselves.

Top Teacher may withdraw login access by giving notice to you if you are in breach of these Terms and Conditions and in such case Top Teacher is not obliged to refund you any fees for Subscription Services.

You agree that Top Teacher may, in its sole discretion and without prior notice, terminate your access to your Subscription and Content and/or block your future access to the Top Teacher websites, Subscriptions and Contents if we determine that you have violated this agreement via breach of Etiquette.

Unaffiliated Communities

You acknowledge that Top Teacher is not to be held liable for any unaffiliated communities and forums created via social media platforms (including Facebook) and/or any groups that may claim affiliation with Top Teacher. You agree that Top Teacher is not liable for any business or exchange that may occur with any of these groups, communities or forums. Additionally, Top Teacher is not responsible for any breaches of Etiquette that may occur in these unaffiliated communities.

 

THE CONTENT

Use of Top Teacher Resources

All articles, information and other materials presented by Top Teacher on or through its websites  are subject to copyright, trade mark rights and/or other intellectual property rights. You acknowledge that you must not reproduce, redistribute or extract any of the Content in the Subscription, including  providing links to or otherwise communicating or making available to third parties any part of the Content produced by Top Teacher, without written consent. You acknowledge that these resources are for your sole personal use. 

By making use of Top Teacher’s Content and 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 agree that by use of these resources, you will not redistribute resources and you understand that any resources you download are for your personal use only.

Errors in resources

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.

Duty of care

You access the Top Teacher Websites and resources at your own risk and are responsible for compliance with the laws of their jurisdiction in addition to those contained in these Terms of Use. Top Teacher does not assume a duty of care to the Users.

You acknowledge that your subscription to our services are meant for informational purposes only and is not intended for specific commercial, financial, or other professional advice. Please ensure you take the time to read the description of our offering and the subscription as the onus lies with you to ensure that the resources are content-appropriate, relevant and to professional standards when used in an educational setting.

Modifications

Top Teacher reserves the right to amend, modify and remove any content available in the Subscription Service at any time by amending its resources on its Websites. Users are responsible for regularly reviewing information published online to obtain timely notice of such revisions. Users’ continued use of the Websites after changes are published constitutes acceptance of these published revisions.

Top Teacher may update and change its Websites from time to time to reflect changes to our Products, our Users’ needs and our business priorities.

Uploading of photos of others

You will not post content or take any action on Top Teacher that infringes or violates someone else’s rights (such as photos or names published without their knowledge and consent from a guardian and/or parent) or otherwise violates the law. We can remove any content or information you post on Top Teacher if we believe that it violates this Statement or our policies. If you repeatedly infringe other people’s intellectual property rights, we will disable your account when appropriate.

User generated content

You are welcome to use an image or two (unaltered) from the Top Teacher Instagram page or website so long as it is credited and accompanied by a link back to us. Using our photos in bulk, even with a credit, is prohibited owing to the digital nature of our products. Please contact us for express written permission if you would like to use more than a few photos.

Indemnity

If you breach the Top Teacher Terms and Conditions, you acknowledge that you agree to indemnify us for any loss that we may suffer or any costs that may be incurred from your breach. Any failure by us to exercise any right, power or remedy under these Terms and Conditions shall not operate as a waiver of our rights. This indemnity includes both any liability to third parties, and other costs and losses incurred by Top Teacher.

Special warning for international use

The law applicable to the Top Teacher Content and websites and any such disputes that may arise out of Top Teacher Content, is the law of Western Australia, Australia. If you are resident in a country outside of Australia you use the Top Teacher Content and websites 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 Content and/or Subscription (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 Top Teacher Subscription.

Termination

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 Top Teacher Content and/or Subscription  or any part of it or any of your passwords or accounts (or any part(s) thereof or related files and information) if Top Teacher believes that you have violated or acted inconsistently with 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. 

You agree, with reference to any applicable law, that 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 Top Teacher Subscription, and/or the Website.

Disclaimers

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 Top Teacher Subscription is at your sole risk. Top Teacher has made every effort to ensure that the Content made available through the Subscription is accurate and up-to-date and correct at the time of publication. However, Top Teacher Content and the Subscription provided on an ‘as is’ and ‘as available’ basis. We do not guarantee the accuracy, timeliness, completeness or fitness for the purpose of the Content provided on the website or through the Service. No responsibility is accepted by or on behalf of Top Teacher for any errors, omissions or inaccurate information on or through the website and/or Subscription.

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 Subscription 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. You acknowledge that any use of Top Teacher Content is not a substitute for proper professional advice.

Top Teacher is not responsible for how the Content and/or  Subscription 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 Subscription. It shall be your own responsibility to ensure that any products, services or information available meet your specific requirements.

Any material downloaded or otherwise obtained through the use of the Top Teacher Subscription 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.

Availability of the Website

You acknowledge that Top Teacher cannot  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 Top Teacher 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

Except as provided in this clause, 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 performance 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.

Terms of Your Subscription

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, sell (or attempt to sell), print multiple copies, use the content for public display and you understand that any resources you download are for your personal use only.

You agree that Top Teacher Content is subject to these Terms and Conditions. Contingent on that agreement, you may display this Content on a computer screen or mobile device, electronic or interactive whiteboard, print on paper and store such pages in electronic form for your own personal, educational, non-commercial purposes.

Top Teacher’s status as the authors of Content must always be acknowledged.

You may not modify, reproduce or in any way commercially exploit any of the Content. If you are operating as a private tutor for commercial gain then you may use the content directly in that capacity.

You agree to abide by the Top Teacher Copyright Terms. You may not remove the copyright or trademark notice from any copies of Content made under the Subscription.

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 digital nature of our products, we DO NOT offer any refunds or returns for the subscription.

Acceptable Use Policy

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.

Intellectual property

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 or through this website without prior written authorisation from a director of Top Teacher.

Unhappy?

If you have any complaints about the Website, we want to hear from you so we can improve our service. Please email us at [email protected] and we’ll consider your comments carefully. We want to help.