Welcome to the Topdocs User Agreement. Before you can order a Topdocs document, you should read all of the terms and conditions stated in this User Agreement as well as the Terms and Conditions stated in the Topdocs Privacy Statement as they apply to all documents supplied from Us to You. By ordering with Topdocs, you are accepting the terms and conditions outlined in this User Agreement and the Topdocs Privacy Statement which includes those terms and conditions expressly set out and those incorporated by reference. You should also access and read the information contained in the other pages and websites referred to in this document and that appear on our website, as they do and may contain further terms and conditions which apply to you as a Topdocs client.
If you have any questions please contact us via email at firstname.lastname@example.org.
Definitions and Interpretations
'Intellectual Property Rights' means all present and future rights conferred by Statute, Common Law or equity in or in relation to any copyright, trademarks, business and works and product of intellectual activity in the commercial and industrial field.
'Our Services' means the provision of documentation and ancillary services via paper or electronic means.
'Professional Adviser' means a lawyer concerning whether a document is appropriate or suits your needs or its legal, taxation and commercial implications, a registered tax agent concerning a document's accounting and taxation implications or a licensed financial planner concerning a document's financial planning implications;
'Topdocs' means Topdocs Pty Ltd ACN: 120 601 372 trading as Topdocs ABN 84 120 601 372, its agents, officers, successors and advisors.
'Topdocs Website' means the website, interface, member and user system, document converter, documents and the equipment, programs and services provided by Topdocs to allow users the ability to order and generate documents and ancillary services and includes, but is not restricted to the www.topdocs.com.au and www.mydocumentportal.m.u website domains.
'You' means the legal entity or entities that enter their details whilst using the Topdocs services.
'We', 'Our' and 'Us' also means Topdocs.
'The Singular' includes the plural and vice versa.
TERMS OF AGREEMENT
To use Our Services in any form, you must be able to enter into a legally binding contract under relevant laws and without limiting the foregoing you must be 18 years of age. For persons under 18 years of age you may use Our Services with the authority of a parent/ guardian who is required to order on your behalf. Your account may not be transferred or sold to another party.
Licence and Fees - Documents
Topdocs agrees to provide you with a single licence to the documents ordered via Our Services on the condition that you accept these terms and conditions and pay our fees in the manner required. The licence is not exclusive and is not transferable. The licence begins on the day you receive your ordered documents and ends in accordance with these terms and conditions.
This site is intended to give you legal information, NOT legal advice, and nothing on this website should be considered legal advice. Topdocs is NOT a legal advisor and no information or forms provided on this website is intended or may be construed as legal advice. Although Topdocs will use its best endeavours to explain all relevant matters and instructions to you clearly, you may, however, misinterpret such explanations and/or instructions or you may omit to read all instructions. Topdocs is not liable in any respect for any such misinterpretation or omissions. You have either received your own independent professional advice OR you have made your own deliberate decision not to obtain the relevant advice and you accept any risks of having done so.
Topdocs does not provide a warranty or condition (whether express, implied or statutory) that Our Services will meet your intended purpose or requirement. You have either received your own independent professional advice from a Professional Advisor OR you have made your own deliberate decision not to obtain the relevant advice and you accept any risks of having done so.
Variation and Prices
Prices are subject to change without notice. Our current charges are displayed under Pricing on the Topdocs website.
We have the right to change, modify, add or discontinue any feature of Topdocs' website at any time, including content, hours of availability, pricing, equipment required for access, and Terms and Conditions.
Intellectual Property and Copyright
You agree that you do not acquire any property rights to any of the information provided to you through Topdocs' Website or the documents ordered via Our Services.
You also agree that:
" Topdocs DOES NOT transfer to you title to any tangible copy, or original, of the documents or any other Site Material. All ownership and copyright in the Site Material belong solely to Topdocs.
" You are licensed to use Our Services for the sole purpose of ordering documents; and
" You get no property right whatsoever in relation to Our Services and no ownership in the copyright of the documents that you order.
This site is operated by Topdocs. To the maximum extent allowable under applicable law, you agree not to copy nor attempt to copy, duplicate or adapt, publish, re-publish, lend, license, give away, look at the software source code, modify its interface or any general code or codes, post to an Internet web site, or use in an automated system any of the Site Material, nor will you allow or assist a third party to do so.
We are not responsible for your errors
Documents you order are created as a result of the answers you give to the questions asked of you when using Our Services.
You agree that you are fully and solely responsible for the information included in the document as a result of the answers you give to the questions and that Topdocs are not responsible for any mistake that you make in understanding the questions or how to answer them.
You agree that you indemnify us in relation to any cost, loss, liability, or damage that any of you, your client, or a third party suffers:
" because the document you order is not suitable for its intended purpose or does not suit the relevant circumstances;
" because you fail to obtain formal advice from a Professional Advisor concerning whether the document you choose is suitable for its intended purpose or is suitable for particular circumstances;
" because of the answers you provide to questions asked of you when using Our Services;
" because you do not answer all questions completely and accurately;
" because you modify the documents after they are provided to you; or
" because you breach these terms and conditions in some other way.
You agree to indemnify and hold Topdocs, its directors, officers and employees, harmless from any claim, demand, or damage, including legal fees, asserted by any third party due to or arising out of your use of, or conduct on, the Topdocs Website.
Limitation of Liability
Under no circumstances, including, but not limited to, negligence, shall Topdocs be liable for any special or consequential damages that result from the use of, or the inability to use, the materials in this site, even if Topdocs or a Topdocs authorised representative has been advised of the possibility of such damages. In no event shall Topdocs' total liability to you for all damages, losses, and causes of action whether in contract, tort (including, but not limited to, negligence), or otherwise exceed the amount paid by you, if any, for accessing this site.
Topdocs and other Websites
Topdocs do not warrant the accuracy or appropriateness of the contents of the Topdocs Website. The Topdocs Website may contain hyperlinks and pointers to other websites and we are not responsible for any information or other hyperlinks contained in these websites. We provide the hyperlinks and pointers to you simply for your convenience and you access these other websites at your own risk.
Account Code and Password Security
You are totally responsible for the use of your Topdocs account codes and passwords and for maintaining the security of those codes.
You shall be responsible for any use whatsoever of the account code and password whether authorised or not.
We have no control over the speed of transmission of data where the Internet is used for access.
Topdocs does not provide any warranty or condition(whether express, implied or statutory) in relation to your ability to access Our Services. We do not guarantee and have no liability for the absence of continuous, uninterrupted or secure access to Our Services, as operations of our website may be disturbed by factors out of our control or other factors. You agree that Topdocs is not liable for any loss or damage suffered by you as a result of interrupted or discontinued service and you indemnify Topdocs against any claim whatsoever. You agree that Topdocs is not liable or responsible for any illegal and unauthorised conduct by any person relating to hacking and theft by deception and breach of intellectual property. Such matters should be reported to us at your earliest notification.
Interruption to Service
We do not promise that your access to Topdocs' Website will be uninterrupted (except to the extent, if any, which such a promise might be implied by law and be incapable of exclusion by us).
We will use our best efforts to provide access during the hours published. However, there may be an interruption to services to facilitate urgent reasonable maintenance by us.
We will not be liable to you or third parties for interruptions to the service beyond our control.
We will provide support for your use of the Topdocs Website by phone and e-mail. We will endeavor to provide 24 hour turnaround on email requests during operating hours. An e-mail form and our phone number are provided on the Topdocs Website for this purpose.
This agreement will automatically terminate if you try to use Our Services without having paid all relevant fees.
Topdocs can end this agreement immediately without notice should you be in breach of this agreement.
This agreement shall be governed by and interpreted in accordance with the laws of the State of Victoria, Australia.
You agree that any action at law or in equity arising out of or relating to these terms shall be filed only in the state or federal courts located in Victoria and you hereby consent and submit to the personal jurisdiction of such courts for the purposes of litigating any such action.
Any dispute arising out of or in connection with this agreement ("Dispute") shall be resolved as follows:
i. The parties shall first refer the Dispute to mediation by a Mediator who is approved by the Victorian Law Society ("The Society") and who is agreed to by the parties, or failing agreement, appointed by the President of the Society, on the terms of the standard mediation agreement approved by the Society.
ii. The reference shall commence when either party gives written notice to the other, specifying the Dispute and requiring its resolution under this provision.
Any information or documents obtained through or as part of the reference under this provision shall not be used for any purpose other than the settlement of the Dispute under this provision.
If the Dispute is not resolved within 21 days of the commencement of the reference under this provision, either part may then, but not earlier, commence proceedings in any court of competent jurisdiction.
Nothing in these Terms and Conditions prevents a party from commencing court proceedings relating to any Dispute at any time where that party is seeking urgent interlocutory relief.
None of these Terms and Conditions will be taken to be waived except by written notice signed by You and Us.
This agreement constitutes the whole agreement between you and us, and supersedes all prior representations, agreements, statements and understandings, whether verbal or in writing.
If any part of the Terms or the Site's Disclaimer cannot be enforced for any reason, this decision will not affect the validity of the remainder of the Terms and Disclaimer which will continue to be in full force and effect.
No failure or omission by either party to perform or observe the terms and conditions of this Agreement will, except in relation to obligations to make payments under it:
i. Give rise to any right of action or claim against the defaulting party; or
ii. Be treated for any purpose as a breach of this Agreement,
if such failure or omission arises directly from any cause reasonably beyond the control of that party.
Full Service Delivery Orders
Your written order form gives Topdocs the consent to prepare the documentation you have requested. If you have provided us with incorrect instruction in that order form that results in incorrect documentation then Topdocs is not to be held responsible and is NOT required to provide a refund. However Topdocs may agree, at its absolute discretion, to replace documents created with your input errors, with corrected documents for a small additional fee.
If your written order form gives Topdocs the consent to prepare and lodge documents with ASIC (Australian Securities & Investments Commission) and your instructions result in incorrect documentation, any ASIC registration fees payable are not refundable.
Topdocs does agree to replace any documents with errors caused by Topdocs data input errors or damaged or faulty Company Binder at NO additional cost.
If you wish to apply for a refund, a return, or an exchange, you must write to us setting out:
" the intended purpose to which the documents were to be applied;
" the identity and contact details of the person for whom you purchased the product (we may contact that person to discuss, and request copies of, the documents you have provided to them);
" the reasons that you want a return, a refund, or an exchange;
" copies of the materials or documents you have provided to that person in place of the Topdocs product in relation to which you now want a refund, a return, or an exchange; and any other information or materials we ask for that we believe is relevant to our decision.
Instant Email Delivery Orders
Topdocs uses technology to allow you to view the results of your automated document BEFORE you are required to purchase that document. We believe that you will enjoy our online legal service and save time and money by using it. Unfortunately we cannot refund your money if you purchase a document online and then decide that you do not want to continue. This is because you cannot practically 'return' the online service. Because of the nature of our products, we are unlikely to allow any refunds, returns, or exchanges and that we will provide refunds at our absolute discretion only in exceptional circumstances.
While our software and site should enable almost everyone to be able to print or save their documents, Topdocs cannot warrant that any specific customer will be able to print, save or edit its document. However, Topdocs' technical support is more than willing to assist you in changing your settings or browser so you are able to print or save or edit your documents. Our technical support will respond to your requests as soon as possible during our regular business hours.