Terms & Conditions

Australian Top Stock Introduction

Australian Top Stock publishes or makes available on the Australian Top Stock website, information, advertisements, product and service offers and links supplied by Australian Top Stock and third parties (Material). Australian Top Stock does not warrant, represent, authorise or endorse the reliability, accuracy or completeness of any such Material published on the Australian Top Stock website or on any web site that links from Australian Top Stock.

Australian Top Stock does not and cannot provide any warranty in relation to any goods or services advertised for sale on the Australian Top Stock Network by third parties including, but not limited to, any representation or warranty that the goods or services are of merchantable quality, fit for the purpose intended, safe for the purpose intended, as described by the seller or owned by the seller.

Personal and Non Commercial Use Only

Use of the Australian Top Stock Network is for your personal and non-commercial use only. Except for the Material held in your computers cache or a single permanent copy of the Material for your personal use. You must not, without the explicit written approval of Australian Top Stock:

  •     modify, copy, distribute, transmit, display, perform, reproduce, publish or license any Material;
  •     use or attempt to use any Material published on the Australian Top Stock website to create any web site or publication;
  •     mirror or frame any web site or page within the Australian Top Stock website;
  •     use any automated process of any sort to query, access or copy any Material on Australian Top Stock or generate or compile any document or database based on the Material published on Australian Top Stock; or
  •     transfer or sell any information, functionality or products or services offered on Australian Top Stock;

Responsibility of Use

Whilst Australian Top Stock takes care to ensure that the Material on the Australian Top Stock website is correct, current and free from errors, Australian Top Stock does not warrant the accuracy or completeness of or the representations made by the Material on the Australian Top Stock website or any web site that links from the Australian Top Stock website or any information received as a result of using Australian Top Stock.

The services and Material made available on Australian Top Stock are provided as general information only. Australian Top Stock does not warrant that the services and Material information provided by sellers are professional, expert or other advice and are not a substitute for such advice; may not be appropriate, correct or sufficient for your circumstances; should not be relied on as the only reason you do or don't do anything; and may not be continually accessible or free from errors or viruses. Australian Top Stock strongly recommends that you check with the seller that all information in relation to their goods and service is accurate.

If Australian Top Stock suffers any loss or damage or incurs any cost in connection with a breach by you of these terms and conditions you agree to indemnify Australian Top Stock for all such loss and damage.

Australian Top Stock Provided Goods and Services

If Australian Top Stock offers goods or services to you, including advertising any item for sale on Australian Top Stock, the services are subject to additional terms and conditions. To the extent of any inconsistency between these terms and conditions and the additional terms and conditions, the additional terms will prevail to the extent of the inconsistency.

Third Party Provided Goods and Services

If goods and services are offered on or through Australian Top Stock by third parties (sellers):

  •     item prices may not include any government and statutory charges or taxes;
  •     Australian Top Stock does not act as any persons agent or broker; arrange any contract between you and any person or; provide any warranty in relation to any persons goods or services;
  •     Australian Top Stock will not be responsible for the terms of any transaction between you and any person; any goods or services purchased by you from any person or; resolving any dispute between you and any person.

Australian Top Stock Limited Responsibility

Australian Top Stock will only be liable to You:

  •     where the law implies a term into these terms and conditions which cannot be excluded and Australian Top Stock breaches that term. Provided that, where the breach relates to goods or services that are not of a kind ordinarily acquired for commercial, domestic or personal use or consumption and where it is fair and reasonable to do so Australian Top Stock liability is limited , at its option, to replacing, repairing or re-supplying the relevant goods or re-supplying the relevant services; or
  •     if the claim arises from or in connection with any deliberate breach of these terms and conditions or fraud by Australian Top Stock.

Other than as set out above Australian Top Stock, will not be liable to You:

  •     for claims arising out of or in connection with your access and use of Australian Top Stock and related services whether arising in contract, tort (including negligence), indemnity, strict liability, breach of warranty or statute; and
  •     for loss of use, production, profit, revenue, business, data, contractor anticipated savings or for delay or for any financing costs or increase in operating costs or any economic loss for any indirect or consequential loss or damage.

For the purposes of this section, the term Australian Top Stock will mean Australian Top Stock, its Directors, officers, employees, contractors and agents, whether individually or collectively.

Copyright, Trademarks and Licence

Material on Australian Top Stock is å© Australian Top Stock Propriety Limited 2009. All rights reserved. Unless otherwise indicated on Australian Top Stock, the material on Australian Top Stock is owned by or licensed to Australian Top Stock and is subject to copyright (the "Copyright Material"). You may:

  •     only copy or reproduce the Copyright Material for the purpose of browsing the Australian Top Stock website or making a copy for your own personal, private or research use, provided that such use constitutes fair use under the Copyright Act;
  •     not alter or modify the Copyright Material or remove any legal notice associated with it.

www.australiantopstock.com.au and other names of Australian Top Stock product and/or services referenced herein are trademarks or registered trademarks of Australian Top Stock Propriety Limited. Other product and company names mentioned on the Australian Top Stock website may be the trademarks of their respective owners.

In consideration of Australian Top Stock allowing you to access and use the Australian Top Stock website you grant to Australian Top Stock a non exclusive, payment free, perpetual, irrevocable licence to reproduce, modify, delete, adapt and publish any material you post, upload or otherwise transmit via Communications Services and to sub-licence the same for such purposes as Australian Top Stock determines from time to time (subject to the Australian Top Stock Privacy Policy).

Communications Services

Australian Top Stock may provide you with the ability to communicate with Australian Top Stock, Sellers, advertisers and users of the Australian Top Stock website through agreements, online forms, IVR, electronic requests and enquires, bulletin boards, blogs, competition entries, online forums and other forms of electronic messaging (Communications Services).

You acknowledge that Communications Services may be public and not private communications. Further, you acknowledge that Communication Services should not be considered reviewed, screened, or approved by Australian Top Stock.

Use of the Communications Services is provided on condition that You do not do any of the following:

  •     Transmit any information or material which is knowingly incorrect, misleading or deceptive;
  •     transmit any defamatory, infringing, obscene, indecent or unlawful information or material or information;
  •     use the Communications Services for any unlawful purpose;
  •     post or upload files that contain software or other material or information in breach of any person's intellectual property or privacy rights.
  •     upload files that contain viruses, corrupted files, or any other similar software or programs that may damage the operation of another's computer;
  •     delete any author attributions, legal notices or proprietary designations or labels in any file that is uploaded.
  •     advertise or offer to sell any goods or services, or conduct or forward surveys, contests or chain letters other than as approved by Australian Top Stock.
  •     download any file posted by another user of the Communications Services that you know, or reasonably should know, is unlawful or contrary to these terms and conditions.

Australian Top Stock may, but has no obligation to do so, review the use of the Communications Services by You and delete, edit, refuse to post or remove in whole or part any information or material uploaded or posted using the Communications Services.

Software Services

Any software, including HTML code and ActiveX controls, that is made available to download from the Australian Top Stock website ("Software") is owned by Australian Top Stock and/or its suppliers.

Your use of the Software is governed by the terms of the end user license agreement, if any, which accompanies or is included with the Software ("License Agreement"). You must agree to the terms of the License Agreement before using the Software.

If there is no License Agreement, Australian Top Stock grants you a personal, non-transferable license to use the Software for viewing and otherwise using the Australian Top Stock website in accordance with these terms and conditions, and for no other purpose. You must not:

  •     not copy, reproduce, translate, adapt, vary or modify in whole or in part or the Software;
  •     not reverse assemble or reverse compile or directly or indirectly allow or cause a third party to reverse assemble or reverse compile, in whole or in part, the Software;
  •     not introduce or use any device, software or routine that interferes or attempts to interfere with the operation of the Software; or
  •     not sub-license, rent, lease, lend or grant to any person any rights to use the Software other than as set out in this paragraph.

Your Privacy

To read how Australian Top Stock collects, uses and discloses your personal information click here

Seller Specific Terms and Conditions

To read Australian Top Stock Seller Terms and Conditions click here

Changes to Terms and Conditions

Australian Top Stock may, in its absolute discretion modify or amend the terms and conditions upon which goods or services are supplied by You including these terms of use and such modifications will be binding upon you once displayed on this web site. You should regularly check the terms and conditions displayed on this web site.

Australian Top Stock may cease to provide you with access to the Australian Top Stock website or any of its services without notice.

All rights not expressly granted are reserved.

Contact Australian Top Stock

If you have a question, problem or complaint or need to contact us, please click here for contact information.

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