Terms of Use

TopHop.com.au


By using TopHop.com.au, the Site, you agree to these terms of use; if you don’t agree, then don’t use the site. If you have any questions, please contact Customer Service. Before using TopHop.com.au services, you must read and accept all of the terms in, and linked to, this Terms of Use Agreement (“Agreement”) and the privacy policy. By accepting this User Agreement, you agree that this User Agreement and Privacy Policy will apply whenever you use the TopHop.com.au services, or when you use the tools we make available to interact with the TopHop.com.au services.

TopHop.com.au is an online trading venue which is in some ways similar to online venues like eBay but in other ways it’s different. One of the differences is that TopHop.com.au charges both the buyer and the supplier a 1% fee for providing the venue for the transaction between buyer and supplier. Overall, this cheaper fee structure reduces transaction costs and that means customers can be offered lower prices while suppliers can retain more from each transaction. When using TopHop.com.au, the policies and processes will often be in many ways similar to the policies on eBay.com.au and other online trading venues.

Policy Updates

This policy may change from time to time and is available on our website. TopHop.com.au reserves the right, at its sole discretion, to change, modify, add or remove portions of these Terms of Use, at any time. It is your responsibility to check these Terms of Use periodically for changes. Your continued use of the Site following the posting of changes will mean that you accept and agree to the changes. As long as you comply with these Terms of Use, TopHop.com.au grants you a personal, non-exclusive, non-transferable, limited privilege to enter and use the Site.

Payment

We take payment via Credit Card. We use third party payment gateways to securely process credit card payments. To prevent fraud, the shipping address should be the same as the address registered for the credit card. If the address is different, the transaction may not be approved by the payment gateway. The gateway you select at checkout may accept payment using these cards: Visa, Mastercard and possibly other cards. We do not store any credit card information.

Fees and services

Joining TopHop.com.au is free. We do charge fees for using other services, such as buying or listing items. When you buy or list an item or use a service that has a fee, you have an opportunity to review and accept the fees that you will be charged based on our Fees schedule, which we may change from time to time. Changes to that schedule are effective after we provide you with at least fourteen days’ notice by posting the changes on the TopHop.com.au site. We may choose to temporarily change the fees for our services for promotional events (for example, free listing days) or new services, and such changes are effective when we post the temporary promotional event or new service on the sites.

Buying Fees

On checkout, buyers are charged a payment processing fee equal to the fee which the payment gateway provider charges for the ransaction. The processing charge is stated next to the option button which allows you to select the payment gateway. The total charge is listed in the order summary on the checkout page.

TopHop.com.au charges a fee to buyers which is equal to 1% of the total transaction value. This charge is also listed on the order summary of the checkout page and in your emailed order receipt.

Selling Fees

TopHop.com.au charges suppliers a selling fee equal to 1% of the total transaction value for each transaction. The proceeds of transactions are released to the supplier 30 days after the transaction. The fee for a supplier’s previous month’s sales is calculated on the 15th of each month and billed to the supplier’s account. Chargebacks for a supplier’s products or services are charged fully to the supplier’s account. Our payment gateway provider charges a $25 fee per chargeback, which is billed to the supplier’s account.

If you are a supplier, you are liable for transaction fees arising out of all sales made using some or all TopHop.com.au services, even if sales terms are finalised or payment is made outside of TopHop.com.au. In particular, if you offer or reference your contact information or ask a buyer for their contact information in the context of buying or selling outside of TopHop.com.au, you will be liable to pay a 1% fee applicable to that item. Suppliers must meet TopHop.com.au’s minimum performance standards. Failure to meet these standards may result in TopHop.com.au charging you additional fees, and/or limiting, restricting, suspending, or downgrading your supplier account.

Unless otherwise stated, all fees are quoted in Australian Dollars. You are responsible for paying all fees and applicable taxes associated with our sites and services in a timely manner with a valid payment method. If your payment method fails or your account is past due, we may collect fees owed using other collection mechanisms. (This includes charging other payment methods on file with us, retaining collection agencies and legal counsel and, for accounts over 90 days past due, deducting the amount owed from your account balance or using any credits on your account).

In the case of non-payment, without limiting other remedies available, TopHop.com.au may
(a) suspend or cancel the account holder’s account;
(b) charge interest on all amounts overdue at the rate of 15% per annum;
(c) require the account holder to pay its costs, including without limitation legal costs on an indemnity basis and mercantile agents’ fee, for any previous default by the account holder, as a condition of further service or as TopHop.com.au may determine;
(d) hold back any further service or confidentiality;
(e) preclude the account holder from participating in any special deals, discounts, bonus payments, redemptions, rebates or any other incentive program.

The account holder shall indemnify the TopHop.com.au for all costs and expenses incurred in recovering unpaid monies, including but not limited to legal costs and mercantile agent’s costs.

GST

Australian Goods and Services Tax (GST) applies to the sale of goods by GST registered entities. If you are a GST registered entity listing items for sale on TopHop.com.au, ensure that you select the options to apply GST to the sale and to collect the GST from the buyer. If you don’t select the options to apply GST to the sale of your items, you will not be able to collect the GST from the buyer and you will be liable to pay the GST for those transactions.

If you are a buyer, you may see “plus GST” when viewing items on TopHop.com.au that are sold by GST registered suppliers. You acknowledge and agree that if you buy a GST item on TopHop.com.au, you will be charged 10% GST on top of the supplier’s item price (applied at checkout). If there is any dispute as to the GST you have paid on an order, you should contact TopHop.com.au. If you receive a full or partial refund for your purchase, you will also receive a refund for the proportionate amount of GST.

If you have any questions or require more information, please contact the Australian Taxation Office or seek independent tax advice.

Shipping

Our suppliers must only ship to postal addresses within Australia. The default shipping method is postage by Australia Post which includes a tracking number, extra charge shipping insurance and signature on delivery, however our suppliers reserve the right to choose a different shipping method. To prevent fraud, suppliers are required to ship with tracking and signature on delivery and to ship to the billing address and suppliers must not ship to a different address specified in the order notes. For security, suppliers are required to ship with extra cover shipping insurance for orders over $50.

Check supplier shipping options carefully. Since each supplier is shipping their own package, shipping costs are calculated per supplier. Group your items in one order to reduce shipping costs costs. Suppliers cannot group two distinct orders which have been placed separately, and separate shipping fees will apply to each order.

For missing or damaged parcels, the buyer should contact the supplier and the supplier should contact the shipping provider with their tracking number. For lost or missing parcels, buyers should open a dispute. Replacements or refunds are at the discretion of TopHop.com.au, we will consider evidence from the buyer and the supplier to reach a fair resolution. If you choose to have your parcel “safe dropped” (also called ATL – Authority To Leave parcel unattended), our suppliers may not offer a replacement for missing or damaged items.

To minimise fraud and chargebacks, suppliers are advised to photograph the purchased items and packages before shipping.

Dispatch and Shipping Time frames

Dispatch times vary by supplier and should be outlined by the supplier in their shipping policy. In cases where the supplier doesn’t have a shipping policy, the following applies: orders should usually be packed and dispatched to allow for delivery within 10 business days of the order.

Refunds, Returns, Exchanges and Cancellations

Except where specified in this agreement, TopHop.com.au 1% fees and payment gateway fees will not be refunded to the buyer or supplier.

We and our suppliers reserve the right to cancel and refund any order.

Buyers can open disputes in order to claim refunds, returns and exchanges and to dispute non-receipt of merchandise, quality of merchandise and unrecognised or fraudulent transactions. Buyers can request a return or report that they didn’t receive an item from their Purchase History.

Should the buyer or any agent or carrier named by the buyer fail to take the goods on delivery, the buyer shall bear and indemnify the supplier against all risks of subsequent loss or damage.

The buyer must examine the goods as soon as possible upon delivery. Any claim or dispute by the buyer for goods which are damaged, defected or not as ordered must be made within 5 business days of delivery. Unless the buyer lodges a claim or dispute within 5 business days of delivery the buyer will be deemed to have accepted the goods.

If the buyer is requesting to return an item for “change of mind” (or “remorse”) reasons, the supplier’s return policy as stated in the listing will apply – including which party is responsible for return postage costs. Suppliers may exercise their discretion to accept or deny a remorse return request if it falls outside their return policy. If the supplier doesn’t specify otherwise in their returns policy, then these terms apply: the buyer will pay the cost of the return postage.

If an item differs significantly from the listing, the cost of return postage for an item that is significantly not as described will usually be the supplier’s responsibility.

Buyers and suppliers agree to comply with Australian consumer law and acknowledge that we may automate some aspects of the returns process. You also acknowledge and agree that we may exercise our reasonable discretion to make a final decision on any case – including an item returned for remorse reasons – where a buyer and supplier cannot come to agreement. If we resolve a case in the buyer’s favour, the supplier will be required to issue a full refund to the buyer, either by automatic reversal of the transaction from the supplier’s account, or by reimbursing TopHop.com.au in cases where we refunded the buyer directly.

As a supplier, you authorise and instruct us:

  • to automatically accept a return request on a your behalf and provide a return postage label to the buyer, for return requests that fall within your returns policy or Australian consumer law;
  • to place return postage costs on your supplier invoice, in cases where you are responsible for paying return postage;
  • to charge your account to reverse the refund amount (in same or other currency) from your account in cases where the transaction is cancelled or the buyer returns an item in accordance with your listing’s return policy;
  • to charge your account to collect or reverse variable amounts (representing payments related to covered claims) from your account to carry out a buyer reimbursement;
  • to restrict your access to funds (the restriction will apply up to a sum equivalent to the cost of the item and original postage costs paid by the buyer) in your account at any point during the resolution process (which may result in determining to restrict funds in your account in order to manage our risk exposure pursuant to our policies;
  • to recover the amount we pay to the buyer (in cases where we refund the buyer directly) by placing the reimbursement amount on your supplier invoice and charging the payment method you selected; and
  • to use credits on your account to pay for amounts you owe to TopHop.com.au.

You acknowledge and agree that your authorisations above will or may be made on a recurring basis and on various dates as required by us to facilitate returns on TopHop.com.au and implement the terms of our policies.

You must have a payment method on file with TopHop.com.au and you may change this payment method. If you do not provide TopHop.com.au with a valid payment method, we may collect the outstanding sums using other collection mechanisms, including retaining collection agencies.

We reserve the right to fix any processing errors we discover. We will correct any processing errors by debiting or crediting the payment method used for the TopHop.com.au Money Back Guarantee refund or reimbursement.

As a buyer, you will be precluded from bringing a claim if you already have made or are making a claim in respect of the same transaction. We may suspend the claim in whole or in part without notice if we suspect abuse or interference with the proper working of the policy, or for commercial reasons.

Since brewing requires an element of skill, we do not offer refunds in the instance that your brew doesn’t turn out as you had planned as this is not considered to be a product fault.

Restricting funds

To protect against the risk of liability, TopHop.com.au may request, and you agree to authorise the request, that we restrict access to funds in a supplier’s account based on certain factors, including, but not limited to, selling history, supplier performance, returns, riskiness of the listing category or the filing of a case. This may result in TopHop.com.au determining to restrict funds in your account in order to manage our risk exposure pursuant to our policies.

Listing conditions

By listing an item on TopHop.com.au, you agree to pay TopHop.com.au’s fees for the listing, assume full responsibility for the content of the listing and item offered, and accept the following listing conditions:

  • When you list an item on TopHop.com.au, your listing will be posted on TopHop.com.au and can be viewed in TopHop.com.au.
  • Your listing may not be immediately searchable by keyword or category for several hours (or up to 24 hours in some circumstances), so TopHop.com.au can’t guarantee exact listing durations.
  • We may revise data in the TopHop.com.au product catalogue to supplement, remove, or correct information; if your listing uses catalogue data that has been revised, those revisions may modify your listing accordingly.
  • Where your listing appears in search and browse results may be based on certain factors including listing format, title, bidding activity, end time, keywords, price and postage cost, Feedback and detailed supplier ratings.
  • Your listing will, at all times, comply with TopHop.com.au rules and policies, including listing rules.
  • You must list your item in the most relevant category. When you list an item in two categories and there is a difference in final value fees between the categories, the higher final value fee will apply when your item sells.

Gift Certificates

Gift vouchers issued by TopHop.com.au can be redeemed for products online. Gift certificates expire 3 years from the date of purchase.

Using TopHop.com.au

While using the TopHop.com.au services, you will not:

  • post content or items in inappropriate categories or areas on our sites and services;
  • infringe any laws, third party rights or our policies, for example, by posting prohibited and restricted items;
  • use the TopHop.com.au services if you are not able to form legally binding contracts, are under the age of 18 or are suspended from using the TopHop.com.au services;
  • fail to deliver payment for items purchased by you, unless the supplier has materially changed the item’s description after you buy, a clear typographical error is made or you cannot authenticate the supplier’s identity;
  • fail to deliver items purchased from you, unless the buyer fails to meet the posted terms or you cannot authenticate the buyer’s identity;
  • manipulate the price of any item or interfere with other users’ listings;
  • circumvent or manipulate our fee structure, the billing process, or fees owed to TopHop.com.au;
  • post false, inaccurate, misleading, defamatory or offensive content (including personal information);
  • take any action that may undermine the Feedback or ratings systems (such as displaying, importing or exporting Feedback information or using it for purposes unrelated to TopHop.com.au);
  • transfer your TopHop.com.au account (including Feedback) and user ID to another party without our consent;
  • distribute or post spam, unsolicited or bulk electronic communications, chain letters or pyramid schemes;
  • distribute viruses or any other technologies that may harm TopHop.com.au or the interests or property of TopHop.com.au users;
  • export or re-export any TopHop.com.au tools except in compliance with the export control laws of any relevant jurisdictions;
  • copy, modify or distribute rights or content from the TopHop.com.au services or TopHop.com.au’s copyrights and trademarks; or
  • harvest or otherwise collect information about users, including email addresses, without their consent.

Without limiting other remedies, we may limit, suspend or terminate our service and user accounts, prohibit access to the TopHop.com.au services, delay or remove hosted content, remove, delete, modify or not display listings, apply fees and/or recover our expenses for policy monitoring and enforcement, and/or take technical and legal steps to keep users off the sites if we think that they are creating problems or possible legal liabilities, infringing the intellectual property rights of third parties or acting inconsistently with the letter or spirit of our policies (for example, and without limitation, users who take actions related to conducting off-site transactions, feedback manipulation, circumventing temporary or permanent suspensions or users who we believe are harassing our employees or other users). Additionally, we may, in appropriate circumstances and at our reasonable discretion, suspend or terminate accounts of users who may be repeat infringers of intellectual property rights of third parties. We also reserve the right to cancel unconfirmed accounts or accounts that have been inactive for a long time, or to modify or discontinue TopHop.com.au services.

If you are a supplier and you offer or reference your contact information or ask a buyer for their contact information in the context of buying or selling outside of TopHop.com.au, you will be liable to pay a TopHop.com.au 1% fee applicable to that item.

Accounts, Passwords and Security

Certain features or services offered on or through the site may require you to open an account (including setting up a password). You are entirely responsible for maintaining the confidentiality of the information you hold for your account, including your password, and for any and all activity that occurs under your account as a result of your failing to keep this information secure and confidential. You agree to notify TopHop.com.au immediately of any unauthorized use of your account or password, or any other breach of security. You may be held liable for losses incurred by TopHop.com.au or any other user of or visitor to the Site due to someone else using your username, password or account as a result of your failing to keep your account information secure and confidential.

You may not use anyone else’s username, password or account at any time without the express permission and consent of the holder of that username, password or account. TopHop.com.au cannot and will not be liable for any loss or damage arising from your failure to comply with these obligations.

You agree to not interfere with, hack, or gain un-authorised access to any portion or feature of the site, or any other systems or networks connected to the site or server(s), or to any of the services offered on or through the site.

No part of the site and no content may be copied, reproduced, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted or distributed in any way (including “mirroring”) to any other computer, server, Web site or other medium for publication or distribution or for any commercial enterprise, without TopHop.com.au’s express prior written consent.

Content

We make every effort to ensure the content on this website is accurate, however we are just human, mistakes can happen. Any information on this site (including pricing) may be corrected at any time. If you place an order for an item and it turns out to be incorrectly marked, we may cancel/refund your order.

When you upload content to the TopHop.com.au website or otherwise give us content, you grant us a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, sublicensable (through multiple tiers) right to exercise any and all intellectual property rights (including copyright and trademark rights you have in the content, in any media known now or in the future and for any other purpose.

If you are the author of that content, you also irrevocably and unconditionally consent, to the maximum extent permitted by law (either present or future), to TopHop.com.au and its licensees, contractors, assignees and successors, and their licensees and any other person authorised by any of them (“TopHop.com.au Authorised Persons”):
(a) disclosing, reproducing, copying, adapting, publishing, performing, exhibiting, communicating, renting, transmitting or otherwise using the content (and any adaptation or part of the content) anywhere in the world:
(i) in whatever form and in whatever circumstances TopHop.com.au and the TopHop.com.au Authorised Persons think fit, including adding to or otherwise altering the content (or any adaptation or part of the content); and
(ii) without making any identification of you as the author in relation to the content (or any adaptation or part of the content); and
(b) doing anything or omitting to do anything in relation to the content (or any adaptation or part of the content) anywhere in the world that would otherwise infringe the moral rights, or any similar non-assignable, personal rights, that you might have.

Website Disclaimer

The information contained in this website is for general information purposes only. The information is provided by Tophop.com.au’s users and while we endeavour to keep the information up to date and correct, we make no representations or warranties of any kind, express or implied, about the completeness, accuracy, reliability, suitability or availability with respect to the website or the information, products, services, or related graphics contained on the website for any purpose. Any reliance you place on such information is therefore strictly at your own risk.

In no event will we be liable for any loss or damage including without limitation, indirect or consequential loss or damage, or any loss or damage whatsoever arising from loss of data or profits arising out of, or in connection with, the use of this website.

Through this website you are able to link to other websites which are not under the control of Tophop.com.au. We have no control over the nature, content and availability of those sites. The inclusion of any links does not necessarily imply a recommendation or endorse the views expressed within them.

Some reviews, posts and comments on this site may be written by members of the public. The inclusion of any reviews, posts and/or comments does not necessarily imply a recommendation or endorse the views expressed within them.

Every effort is made to keep the website up and running smoothly. However, Tophop.com.au takes no responsibility for, and will not be liable for, the website being temporarily unavailable due to technical issues beyond our control.

Trading on TopHop.com.au and Limitation of Liability

While we strive to maintain a safe trading environment, you accept that there are unfortunately sometimes risks when trading online and using our sites, including dealing with underage or fraudulent persons. You will not hold TopHop.com.au responsible for other users’ content, actions or inactions, items they list or their destruction of allegedly fake items. You acknowledge that we are not an auctioneer. Instead, our site is a venue to allow anyone to offer, sell, and buy items, at any time, from anywhere, in a variety of pricing formats and locations, such as Stores, and fixed price formats. We are not involved in the actual transaction between buyers and suppliers: we have no control over and do not guarantee the quality, safety or legality of items advertised, the truth or accuracy of users’ content or listings, the ability of suppliers to sell items, the ability of buyers to pay for items or that a buyer or supplier will actually complete a transaction or return an item. You should consider and use safe trading practices when trading online.

When you enter into a transaction you create a legally binding contract with another user. You must ensure that you comply with your obligations to that other member and are aware of any laws relevant to you as a buyer or supplier. If another member breaches any obligation to you, you – not TopHop.com.au – are responsible for enforcing any rights that you may have.

You alone, and not TopHop.com.au, are responsible for ensuring that your listing, buying and selling and any other activities conducted on our site are lawful. You must ensure that you comply with all applicable laws in Australia (and other countries if you are using the site internationally). You must also ensure that you strictly comply with this Agreement and the policies which form part of the Agreement.

We do not take ownership of the items at any time and do not transfer legal ownership of items from the supplier to the buyer. Further, we cannot guarantee continuous or secure access to the TopHop.com.au services, and their operation may be interfered with by numerous factors outside of our control. Accordingly, to the extent legally permitted, we exclude all implied warranties, terms and conditions. We are not liable for any loss of money, goodwill or reputation, or any special, indirect or consequential damages arising, directly or indirectly, out of your use of or your inability to use the TopHop.com.au services.

Except where prohibited by law, in no event will TopHop.com.au be liable to you for any indirect, consequential, exemplary, incidental or punitive damages, including lost profits, even if TopHop.com.au has been advised of the possibility of such damages.

TopHop.com.au expressly limits its liability for breach of a non-excludable statutory guarantee to the following remedies:

  • the supply of the services again; or
  • the payment of the cost of having the services supplied again.

Indemnity

If you have a dispute with one or more users, you release us (and our officers, directors, agents, subsidiaries, joint venturers and employees) from claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, arising out of or in any way connected with such disputes.

TopHop.com.au will not be liable for, and you release TopHop.com.au from, any claims in respect of any injury, loss or damage (whether direct or consequential) arising from any defect in any goods, or from loss of use of the goods caused by any act or omission of the supplier or its servants or agents (including negligent acts or omissions).

You agree to indemnify and hold TopHop.com.au, its officers, directors, shareholders, predecessors, successors in interest, employees, agents, subsidiaries and affiliates, harmless from any demands, loss, liability, claims or expenses (including legal fees), made against TopHop.com.au by any third party due to or arising out of or in connection with your use of the Site.

Breach

Without limiting other remedies available to TopHop.com.au at law, in equity or under this Agreement, we may, without notice to you and in our sole discretion (which shall be exercised reasonably, having regard to the circumstances), delay listing your item, delete your listing, issue you a warning, restrict your activities through our site (including but not limited to buying, selling and posting activities), temporarily suspend, indefinitely suspend or terminate your membership and refuse to provide our services to you, or require you to pay additional fees if:

  • you have, or we believe that you have, breached this Agreement, which includes any of our Policies in any way;
  • we are unable to verify or authenticate any information you provide to us;
  • we believe that your actions may cause loss or damage to or otherwise unlawfully harm you, our users, third parties or us, our related bodies corporate or affiliates, our directors, employees or agents; or
  • if we reasonably believe that any of your information (which includes an item listed on the site) is inappropriate or of an offensive nature.

For security, confidentiality and privacy reasons, we are not obligated to provide you or other members the details of any investigation that we conduct or any action which we take, in relation to your membership or your account other than those that are already provided to you by us.

TopHop.com.au may disclose any information we have about you (including your identity) if we determine that such disclosure is necessary in connection with any investigation or complaint regarding your use of the Site, or to identify, contact or bring legal action against someone who may be causing injury to or interference with (either intentionally or unintentionally) TopHop.com.au’s rights or property, or the rights or property of visitors to or users of the Site, including TopHop.com.au’s customers. TopHop.com.au reserves the right at all times to disclose any information that TopHop.com.au deems necessary to comply with any applicable law, regulation, legal process or governmental request. TopHop.com.au also may disclose your information when TopHop.com.au determines that applicable law requires or permits such disclosure, including exchanging information with other companies and organizations for fraud protection purposes.

You acknowledge and agree that TopHop.com.au may preserve any transmittal or communication by you with TopHop.com.au through the Site or any service offered on or through the Site, and may also disclose such data if required to do so by law or TopHop.com.au determines that such preservation or disclosure is reasonably necessary to

  • comply with legal process,
  • enforce these Terms of Use,
  • respond to claims that any such data violates the rights of others, or
  • protect the rights, property or personal safety of TopHop.com.au, its employees, users of or visitors to the Site, and the public.

You agree that TopHop.com.au may, in its sole discretion and without prior notice, terminate your access to the Site and/or block your future access to the Site if we determine that you have violated these Terms of Use or other agreements or guidelines which may be associated with your use of the Site. You also agree that any violation by you of these Terms of Use will constitute an unlawful and unfair business practice, and will cause irreparable harm to TopHop.com.au, for which monetary damages would be inadequate, and you consent to TopHop.com.au obtaining any injunctive or equitable relief that TopHop.com.au deems necessary or appropriate in such circumstances. These remedies are in addition to any other remedies TopHop.com.au may have at law or in equity.

You agree that TopHop.com.au may, in its sole discretion and without prior notice, terminate your access to the Site, for cause, which includes (but is not limited to)

  • requests by law enforcement or other government agencies,
  • a request by you (self-initiated account deletions),
  • discontinuance or material modification of the Site or any service offered on or through the Site, or
  • unexpected technical issues or problems.

If TopHop.com.au does take any legal action against you as a result of your violation of these Terms of Use, TopHop.com.au will be entitled to recover from you, and you agree to pay, all reasonable legal fees and costs of such action, in addition to any other relief granted to TopHop.com.au. You agree that TopHop.com.au will not be liable to you or to any third party for termination of your access to the Site as a result of any violation of these Terms of Use.

Closing your account

You may close your TopHop.com.au account at any time, subject to:

  • not having any outstanding items listed on the website; and
  • resolving any outstanding matters (such as a suspension or restriction on your account); and
  • paying any outstanding fees owing on the account.

 

Privacy Policy

TopHop.com.au is committed to providing quality services to you and this policy outlines our ongoing obligations to you in respect of how we manage your Personal Information.

We have adopted the Australian Privacy Principles (APPs) contained in the Privacy Act 1988 (Cth) (the Privacy Act). The NPPs govern the way in which we collect, use, disclose, store, secure and dispose of your Personal Information.
A copy of the Australian Privacy Principles may be obtained from the website of The Office of the Australian Information Commissioner at www.aoic.gov.au

By using the Site, you acknowledge and agree that internet transmissions are never completely private or secure. You understand that any message or information you send to the site may be read or intercepted by others, even if there is a special notice that a particular transmission (for example, credit card information) is encrypted.

You can access and modify the information you provide us by signing in to your account.

Privacy of Others; Marketing

If TopHop.com.au provides you with information about another user you agree you will use the information only for the purposes it is provided to you. You may not disclose, sell, rent or distribute a user’s information to a third party for purposes unrelated to the Services. Additionally, you may not use information for marketing purposes, via electronic or other means, unless you obtain the consent of the specific user to do so.

What is Personal Information and why do we collect it?

Personal Information is information or an opinion that identifies an individual. Examples of Personal Information we collect include: names, addresses, email addresses and phone numbers.

This Personal Information is obtained in many ways including correspondence, by telephone, by email, via our website tophop.com.au, from your website, from media and publications, from other publicly available sources, from cookies and from third parties. We don’t guarantee website links or policy of authorised third parties.

We collect your Personal Information for the primary purpose of providing our services to you, providing information to our clients and marketing. We may also use your Personal Information for secondary purposes closely related to the primary purpose, in circumstances where you would reasonably expect such use or disclosure. You may unsubscribe from our mailing/marketing lists at any time by contacting us in writing.

When we collect Personal Information we will, where appropriate and where possible, explain to you why we are collecting the information and how we plan to use it.

Sensitive Information

Sensitive information is defined in the Privacy Act to include information or opinion about such things as an individual’s racial or ethnic origin, political opinions, membership of a political association, religious or philosophical beliefs, membership of a trade union or other professional body, criminal record or health information.

Sensitive information will be used by us only:

  • For the primary purpose for which it was obtained
  • For a secondary purpose that is directly related to the primary purpose
  • With your consent; or where required or authorised by law.

Third Parties

Where reasonable and practicable to do so, we will collect your Personal Information only from you. However, in some circumstances we may be provided with information by third parties. In such a case we will take reasonable steps to ensure that you are made aware of the information provided to us by the third party.

Disclosure of Personal Information

Your Personal Information may be disclosed in a number of circumstances including the following:
• Third parties where you consent to the use or disclosure; and
• Where required or authorised by law.

Security of Personal Information

Your Personal Information is stored in a manner that reasonably protects it from misuse and loss and from unauthorized access, modification or disclosure.

When your Personal Information is no longer needed for the purpose for which it was obtained, we will take reasonable steps to destroy or permanently de-identify your Personal Information. However, most of the Personal Information is or will be stored in client files which will be kept by us for 7 years.

Access to your Personal Information

You may access the Personal Information we hold about you and to update and/or correct it, subject to certain exceptions. If you wish to access your Personal Information, please contact us in writing.

Tophop.com.au will not charge any fee for your access request, but may charge an administrative fee for providing a copy of your Personal Information.

In order to protect your Personal Information we may require identification from you before releasing the requested information.

Maintaining the Quality of your Personal Information

It is an important to us that your Personal Information is up to date. We will take reasonable steps to make sure that your Personal Information is accurate, complete and up-to-date. If you find that the information we have is not up to date or is inaccurate, please advise us as soon as practicable so we can update our records and ensure we can continue to provide quality services to you.

Privacy Policy Complaints and Enquiries

If you have any queries or complaints about our Privacy Policy please contact us at:


If a dispute arises between you and TopHop.com.au, our goal is to provide you with a neutral and cost effective means of resolving the dispute quickly. We strongly encourage you to first contact us to seek a resolution. If your dispute is not resolved by contacting Customer Service, all legal notices and formal disputes should be sent to TopHop.com.au. We will consider reasonable requests to resolve the dispute through alternative dispute resolution procedures, such as mediation or arbitration, as alternatives to litigation.

This Agreement will be governed in all respects by the laws of New South Wales. We encourage you to try and resolve disputes using certified mediation (such as online dispute resolution processes). If a dispute cannot be resolved then you and TopHop.com.au irrevocably submit to the non-exclusive jurisdiction of the courts of New South Wales, Australia.

Severability

Any clause or part of a clause in these Terms and Conditions which is void, voidable, illegal or unenforceable in any jurisdiction is void, voidable, illegal or unenforceable only to that extent in that jurisdiction, and may be severed without affecting any other part of these Terms.

If any clause or part of a clause is severed, the remainder of these Terms and Conditions remain in full force and effect.