Terms & Conditions
1.2 In these User Terms of Service:
(i) “we”, “us” or “Qualife” means Qualife Pty Ltd ACN 622 146 436, a proprietary limited company incorporated in Queensland, Australia;
(ii) “Website” means www.toppako.com/sign-up; www.toppako.com/sign-up.au; www.my.toppako.com/sign-up;
(iii) “Services” means the services described in clause 2;
(iv) “Software” means “Toppako” a software application enabling users to filter, send, receive and store SMS and email communications, that is developed and maintained by Qualife, which is accessed via the Website; and
(v) “you” means you and anyone acting on your behalf or with your authority.
2.1 The Services comprise access to, and the right to use, the Website and the Software as updated by Qualife from time to time. Qualife may also expand the Services to incorporate any new software or services that it develops from time to time, at its absolute discretion.
2.2 For the avoidance of doubt, the Services do not include technical support services in relation to third-party software or hardware, or your use of the Services or Software via that third-party software or hardware.
2.3 You acknowledge that the Software is designed to place limits on communication, and that any communications, comments or contributions that you upload via the Software may not be made publically available or otherwise sent to an intended recipient, or may only be made available or sent after being filtered and/or reviewed and moderated edited or moderated by third parties or the Software itself.
3.1 You will be required to pay a membership plan fee to enjoy continued access to the Services. The membership fee will be payable on the basis that you have selected (monthly, quarterly, half yearly or annually) in advance, or otherwise as notified by us. Failing to pay the fees will result in you losing access to the Services.
3.2 We will also charge you other fees in respect of specific components of the Services. If we do so, we will notify you of those fees prior to permitting you to utilise those components.
3.3 The current fees at any given time will be available at www.toppako.com/sign-up. All fees will be subject to change from time to time, as notified to the email address linked to your user account and on the Website, however, any changes will only apply from the future date set out in our notice to you.
3.4 All fees are expressed in Australian dollars. The fees may be subject to foreign exchange fees and differences based on prevailing exchange rate if you choose to pay them via a credit card or account using foreign currency.
3.5 You agree to indemnify us in respect of any fees that we are charged as a result of your payments being dishonoured, rejected or recovered from us. You acknowledge that we may seek reimbursement of such expenses.
4.1 No credit card or payment information is entered or stored on the website. All payments are securely handled by certified third party payment gateways, and the full details of any credit cards utilised for payments will never be available to us. However, this means that we have limited control over the payment gateways. For the terms and conditions of these payment gateways, please visit – Stripe Payments Australia Pty. Ltd – https://stripe.com/au.
4.2 You will be sent a receipt for your payment promptly after the payment gateway confirms to us that your payment has completed successfully.
5. Refund policy
5.1 Refunds will not be provided unless we are satisfied that you have not been charged the correct amount, or that the Services provided to you are sufficiently defective to justify providing a refund.
5.2 In order to request a refund, you must first contact us at email@example.com/sign-up and provide the following:
(i) evidence of the amount of the payment and that your payment was made via this website (for example, the invoice); and
(ii) the reason you are disputing the payment or requesting a refund (for example, why the Services provided were faulty).
5.3 If the Services are assessed to be defective or unfit for its intended use, all refunds will be issued via the payment method.
5.4 We reserve the right to refuse to grant refunds at our absolute discretion.
6.1 You acknowledge that you have an obligation to take appropriate precautions against viruses and malicious computer code, and that we are not liable for any damage to your computer or data as a result of your use of our Services.
6.2 The Software or the Website may contain links to third party websites or resources. You acknowledge and agree that we have no control over and are not liable for the availability, content, products, or services on or available from such websites or resources, and you accept all risk arising from the use of these resources.
6.3 Access to the Software may depend on the use of third-party software or hardware. You acknowledge and agree that we have no control over the third-party software or hardware or your use of third-party software or hardware, and are not liable to any extent where your access to the Software or the Services is interrupted or affected by third-party software or hardware.
6.4 To the maximum extent permitted by law, Qualife, its directors, employees, contractors and agents will not be liable to you for any claim arising out of or in any way connected with your use of the Services for any direct, indirect, special or consequential loss, loss of profit, loss of income, loss of business or loss of opportunity, howsoever arising and whether caused by breach of statute, breach of contract, negligence or any other tort.
6.5 If any guarantee or warranty under the Competition and Consumer Act 2010 (Cth) or comparable state or territory legislation cannot be excluded, you agree that our liability is limited, to the extent permitted by law, to the re-supply of the relevant Services, or the payment of an amount equal to the cost paid for those Services, during the period in which the Services were provided in breach of the relevant guarantee or warranty.
6.6 Without limiting clause 6, you agree that in no event shall the maximum aggregate liability of Qualife, its directors, employees, contractors and agents exceed the amount that you have paid for the Services over the past 12 months.
7. Access and registration
7.1 Access to the Services is provided on a temporary “as is” and “as available” basis. We will not be liable if for any reason the Services are unavailable at any time or for any period.
7.2 From time to time, we may restrict access to some or all of the Services as required for ongoing development and maintenance. We will endeavour to provide you with reasonable notice of such down time, but you acknowledge and agree that this will not always be possible.
7.3 You warrant that any information that you provide during the registration process is true and accurate.
7.4 We reserve the right to immediately suspend or disable your access to the Services if, in our reasonable opinion, you have failed to comply with any of the provisions of User Terms of Service.
8. Log-in information
8.1 You agree that your account and registration are provided to you personally, and must only be accessed by you. If you are provided with log-in details or a password or any other piece of information as part of our security procedures (“log-in information”), you must treat such information as confidential and keep it secure, and you must not:
(i) disclose it to any third party;
(ii) allow or enable a third party to freely access the Website or the Services via your log-in information; and
(iii) store the log-in information in such a manner that it could be copied, utilised or distributed by any virus, software or third party.
8.2 If you are aware of any unauthorised access of the Website or the Services with your log-in information, or if you become aware that your log-in information has become known to a third party, you must immediately notify us.
9. User Content and Intellectual Property
9.1 You are responsible for any information, text, images, photos or other materials uploaded to the Website and/or processed by the Software in your use of the Services (User Content) and any feedback or suggestions you provide to us relating to the Software (User Feedback), and you warrant that you own all intellectual property rights in any User Content processed by the Software or User Feedback that you upload.
9.2 You will continue to own any User Content processed by the Software or User Feedback you upload, but you grant us a perpetual, non-exclusive, sub-licensable, royalty free, worldwide license to use, copy, modify, distribute, publish and process any User Content or User Feedback that you upload, including making the information available via the Services (either in its original form or in an edited form), in our marketing material or providing copies to other entities in the course of our business dealings. You consent to us using the User Content and User Feedback in this manner without attributing you as the author.
10.1 This agreement may be terminated by you or us at any time without notice. Upon termination, you will no longer have any right to use or access the Services.
10.2 Except where this agreement is terminated for breach of these User Terms of Service, if Qualife terminates this agreement, you will be entitled to a pro-rata refund for future periods in respect of which you have paid fees.
10.3 For the avoidance of doubt, if you terminate this agreement, you will not be entitled to a pro-rata refund for future periods in respect of which you have paid fees.
10.4 Clauses 3, 6, 9, 10 and 11 shall survive termination.
11.1 We may change these User Terms of Service at any time without prior notification to you. You agree that if we do so, those changes will come into effect the next time you use the Services after receiving notification of the changes to the User Terms of Service. Your continued use of the Services will constitute acceptance of the updated User Terms of Service. The latest version of these User Terms of Service will always be available at www.toppako.com/sign-up.
11.2 If any provision of these User Terms of Service is found by any court or body of competent jurisdiction to be wholly or partially illegal, invalid, void, voidable, unenforceable or unreasonable, it shall be deemed severable to the extent that the remaining provisions of these User Terms of Service shall continue in full force and effect.
11.4 Queensland law governs these User Terms of Service. Each party irrevocably submits to the non-exclusive jurisdiction of the Queensland courts and courts competent to hear appeals from those courts.
Privacy & Policy
(i) “we”, “us” or “Qualife” means Qualife Pty Ltd ACN 622 146 436, a proprietary limited company incorporated in Queensland, Australia;
(ii) “Website” means “Website” means www.toppako.com/sign-up; www.toppako.com/sign-up.au; www.my.toppako.com/sign-up;
(iii) “Services” means the provision of access to the Website and the Software as updated by Qualife from time to time;
(iv) “Software” means the Toppako software (that reviews, filters, sends, receives and stores SMS and email) developed and maintained by Qualife, which is accessed via the Website;
(v) “you” means you and anyone acting on your behalf or with your implied authority; and
(vi) “personal information” and other terms have the meaning given to them by the Privacy Act 1988 (Cth).
2. Collection of information
2.1 We will not collect sensitive information about you, unless it is required of us by law or it is contained in any information, text, images, photos or other materials uploaded by you to the Website and/or processed by the Software in your use of the Services. You agree that by uploading that material to the Website you consent to our collection of any sensitive information it contains.
2.2 We may collect personal information from you when you:
(i) access the Services, including when you use the Website and/or the Software to process any information, text, images, photos or other materials;
(ii) enter the information on or transmit the information via our Website or Software;
(iii) contact us or communicate with our people;
(iv) deal with us in the course of our business.
2.3 Personal information collected by us may include: your name, contact details, date of birth, employment details, financial information, banking details and [insert any other personal information that is commonly collected]details relating to children, other family members, friends or associates of the member (collected during the course of conversations between members).
2.4 Given the purpose of our business is to facilitate communication, other than providing general publicly available information (such as through our Website), it is unlikely to be practical for us to deal with individuals who wish to remain anonymous or would prefer to identify themselves only by way of pseudonym. Where we do deal with individuals other than on an anonymous or pseudonymous basis, we will only collect the information necessary to facilitate that interaction, though we will likely continue to store that information for numerous reasons, including providing the parties with a record of their communications.
2.5 We may also retain and utilise de-identified information (which will not contain your name or other information that would identify you) to for the purposes of developing our Software or marketing our Services, and may provide such de-identified to our partners, unless you have specifically requested that this not occur.
3. Storage and protection of information
3.1 Given the nature of the information that we may collect in the course of our business, we prioritise the security of your personal information whilst it is in our possession. Information stored within our computer systems can only be accessed by those entrusted with authority and computer network password sanctions.
3.2 We will ensure that in relation to any personal information we hold that we take such steps as are reasonable in the circumstances to protect the information from misuse, interference, loss, unauthorised access, modification or disclosure. We also have security measures in place to protect against the loss, misuse and alteration of personal information under our control.
3.3 If we hold information which we no longer need (for any purpose for which the information may be used or disclosed) or are no longer required to keep, we will take such steps as are reasonable in the circumstances to destroy the information or to ensure that the information is de-identified.
4. Use and disclosure of information
4.1 We retain the right to use or disclose personal information about you that is required for the purposes for which it was disclosed to or collected by us. This includes for the purposes of supplying the Services or other products to you or facilitating other interactions with you in the course of operating our business.
4.2 You consent to us collecting, holding, using and disclosing your personal information for the purpose for which it was provided, a related purpose, or as required or permitted by law. This includes:
(i) facilitating communication between you and other users of the Software that you agree to communicate with;
(ii) responding to your enquiries and information requests;
(iii) processing authorised payments;
(iv) collecting information required for reporting to relevant regulatory bodies;
(v) personal information to the extent of age range, gender, relationship status – not to identify specific individuals
(vi) promoting and marketing our services; and
(vii) any other uses identified at the time of collecting your personal information.
4.3 We may also disclose your personal information to professional advisors and contracted service providers engaged by us to assist in providing our services (e.g. lawyers, accountants, consultants and insurers).
5. Direct marketing
5.1 You may opt out or receiving direct marketing communications at any time by emailing us at firstname.lastname@example.org/sign-up or by using the unsubscribe feature that we include in our electronic messages.
6. Overseas disclosure
6.1 It is unlikely that we will need to disclose your personal information to an overseas recipient or otherwise store your personal information overseas, other than where you use the Software to communicate with overseas persons who you have consented to communicate with.
6.2 If we are ever required to do so, we will obtain your informed consent or ensure that the overseas recipients comply with the Australian Privacy Principles (contained in the Act).
6.3 As noted above, we may provide de-identified profile to our partners, unless you have specifically requested that this not occur, who may potentially store that information overseas.
7. Access to and correction of personal information
7.1 We are committed to maintaining accurate, timely, relevant and appropriate information about our users.
7.2 Where requested, we will provide you with a copy of the personal information that we hold which relates to you, provided that the request is made in accordance with the Australian Privacy Principles (contained in the Act). We will also update any inaccurate information about you if you inform us that the information is inaccurate, out of date, incomplete, irrelevant or misleading. There are no charges for requesting access to or the correction of your personal information.
7.3 You can contact our Privacy Officer regarding access to or correction of your information by email to email@example.com/sign-up.
7.4 In order to protect the confidentiality of your personal information, details of your information will only ever be passed on to you where we are satisfied that the information relates to you. If we refuse to provide access to or correct personal information relating to you, we will provide reasons for doing so.
8.2 We will investigate your complaint and attempt to resolve any breach that might have occurred in relation to the collection, use or destruction of personal information held by us about you in accordance with the Act. If you are not satisfied with the outcome of this process, then you may contact the Office of the Australian Information Commissioner.
10. Further information
10.2 Should you wish to read more information on the Act, we recommend that you visit the website of the Office of the Australian Information Commissioner at www.oaic.gov.au.