Last Updated: 31 August 2020
Totally Optimized Projects Limited ABN 33 601 887 003 ("TOP"), operates the websites www.totallyoptimizedprojects.com and www.top-centers-of-expertise.com (collectively the “Site”).
Your access to, and use of, the Site is subject to the following terms and conditions and all applicable laws.
1. Use of website
Modification of the Content or use of the Content for any other purpose is a violation of the copyright and other proprietary rights of TOP, as well as other authors who created the materials, and may be subject to monetary damages and penalties.
You may not distribute, modify, transmit or use the content of the Site or any Content, including software, tools, graphics and/or sound files, for public or commercial purposes without the express written permission of TOP.
2. Intellectual property
If you believe that your intellectual property rights are being violated and/or that any work belonging to you has been reproduced on the Site or in any Content in any way, you may notify TOP at email@example.com. Please provide your name and contact information, the nature of your work and how it is being violated, all relevant copyright and/or trademark registration information, the location/URL of the violation, and any other information you believe is relevant.
3. Limitation of liability
While TOP uses reasonable efforts to include accurate and up-to-date information in the Site, TOP makes no warranties or representations as to its accuracy. TOP assumes no liability or responsibility for any errors or omissions in the content of the Site.
Neither TOP nor any other party involved in creating, producing, or maintaining the site and/or any content on the site shall be liable under any circumstances for any direct, incidental, consequential, indirect, or punitive damages arising out of your access to or use of the site. Without limiting the foregoing, all content on the site is provided “as is” without warranty of any kind, either expressed or implied, including, but not limited to, the implied warranties of merchantability or fitness for a particular purpose. TOP does not warrant or make any representations regarding the use of the materials in the site, the results of the use of such materials, the suitability of such materials for any user’s needs or the likelihood that their use will meet any user’s expectations, or their correctness, accuracy, reliability, or correction. TOP likewise does not warrant or make any representations or guarantees that you will earn any money using the site or TOP’s technology or services. You accept all responsibility for evaluating your own earning potential as well as executing your own business and services. Your earning potential is entirely dependent on your own products, ideas, techniques; your execution of your business plan; the time you devote to the program, ideas and techniques offered and utilized; as well as your finances, your knowledge and your skill. Since these factors differ among all individuals, TOP cannot and does not warrant or make any representations or guarantees regarding your success or income level. TOP does not warrant that use of the materials will be uninterrupted or error free, that defects will be corrected, or that this site, the content, and/or the materials available on this site are free from bugs or viruses or other harmful components. You assume all responsibility for the cost of all necessary repairs or corrections. TOP shall not be responsible for any performance or service problems caused by any third party website or third party service provider. Any such problem shall be governed solely by the agreement between you and that provider. Please note that the applicable jurisdiction may not allow the exclusion of implied warranties. Some of the above exclusions may thus not apply to you.
In no event shall TOP be liable for any special, incidental, indirect, punitive, reliance or consequential damages, whether foreseeable or not, including, but not limited to, damage or loss of property, equipment, information or data, loss of profits, revenue or goodwill, cost of capital, cost of replacement services, or claims for service interruptions or transmission problems, occasioned by any defect in the site, the content, and/or related materials, the inability to use services provided hereunder or any other cause whatsoever with respect thereto, regardless of theory of liability. This limitation will apply even if TOP has been advised or is aware of the possibility of such damages.
You agree to indemnify and hold TOP and each of its directors, officers employees, and agents, harmless from any and all liabilities, claims, damages and expenses, including reasonable attorney’s fees, arising out of or relating to:
(i) your breach of this Agreement,
(ii) any violation by you of law or the rights of any third party,
(iii) any materials, information, works and/or other content of whatever nature or media that you post or share on or through the Site,
(iv) your use of the Site or any services that TOP may provide via the Site, and
(v) your conduct in connection with the Site or the services or with other users of the Site or the services.
TOP reserves the right to assume the exclusive defence of any claim for which we are entitled to indemnification under this Section. In such event, you shall provide TOP with such cooperation as is reasonably requested by TOP.
When you register with TOP and/or this Site, you expressly consent to receive any notices, announcements, agreements, disclosures, reports, documents, communications concerning new products or services, or other records or correspondence from TOP. You consent to receive notices electronically by way of transmitting the notice to you by email.
5. Content provided by you
If you send comments or suggestions about the Site to TOP, including, but not limited to, notes, text, drawings, images, designs or computer programs, such submissions shall become, and shall remain, the sole property of TOP. No submission shall be subject to any obligation of confidence on the part of TOP. TOP shall exclusively own all rights to (including intellectual property rights thereto), and shall be entitled to unrestricted use, publication, and dissemination as to all such submissions for any purpose, commercial or otherwise without any acknowledgement or compensation to you.
TOP shall use commercially reasonable efforts to restrict unauthorized access to our data and files. However, no system, whether password protected or not, can be entirely impenetrable. You acknowledge that it may be possible for an unauthorized third party to access, view, copy, modify or distribute the data and files you store using the Site. Use of the Site is completely at your own risk.
8. Third party websites
9. Governing law
This agreement shall be governed by and construed in accordance with the laws of the State of Victoria, Australia, without giving effect to any principles of conflicts of law. You further submit to the exclusive jurisdiction of the state and federal courts sitting in Victoria, Australia. If any provision of this agreement shall be unlawful, void, or for any reason is unenforceable, then that provision shall be deemed severable from this agreement and shall not affect the validity and enforceability of any remaining provisions.