1.1 Welcome to the Tim Topham website located at www.dev.topmusic.co (“Site”).
1.2 The Site is owned and operated by Top Music Education Pty Ltd (ACN 614 368 099) (“TT” or “us” or “we”).
1.3 Please read these Terms & Conditions carefully. By accessing or using the Site you become a user of the Site (“User” or “you”). As a User of the Site you agree that you have read and understood these Terms & Conditions and that you agree to be bound by them. These Terms & Conditions form a binding agreement between you and us (“Agreement”).
1.4 TT reserves the right to alter, modify, add to or change in any way, any provision of these Terms & Conditions and may, at its absolute discretion, limit or expand the services available via the Site without giving prior notice to the Users. It is the User’s responsibility to check these Terms & Conditions when they use the Site.
2. Proprietary Rights in the Site
2.1 All material on the Site including, but not limited to, underlying software, code, design, text, graphics, video, other files (“Content”) is the sole property of TT or is licensed to TT. All rights are reserved. Content shall not be modified, copied, distributed, framed, reproduced, republished, downloaded, displayed, posted, transmitted, or sold in any form or by any means, in whole or in part, without the prior written consent of TT.
2.2 All Trade Marks, logos, trade dress and service marks on the Site are either Trade Marks or registered Trade Marks of TT and shall not be copied, imitated, or used, in whole or in part, without the prior written consent of TT.
3.1 A User may become a member of the Site by entering into the Membership Agreement with TT. Click here to find out more about TopMusicPro Membership.
4. No Warranties
4.1 The Site is provided on an “as is” basis and to the fullest extent permitted by law, without representations or warranties of any kind to the User, whether express or implied, including without limitation as to the quality and/or fitness of the Site for a particular use or purpose, accessibility or warranties that access or use of the Site will be uninterrupted or error-free, and that the Site will be secure or free of viruses or other harmful material or elements, or that the Content will be correct, accurate, timely or complete.
4.2 7.2 Where TT is found to be liable for breach of any warranty or condition implied by statute and which cannot be lawfully excluded, TT’s liability is limited (to the extent permitted by law) to the following, at TT’s option:
(a) in the case of goods supplied or offered by TT:
(i) to the supply of those goods again; or
(ii) to the payment of the cost of having those goods supplied again; or
(b) in the case of services supplied or offered by TT:
(i) to the supply of the services again; or
(ii) to the payment of the cost of having services supplied again.
4.3 The Content may include technical inaccuracies, typographical or other types of errors. TT has the right to make changes, modifications and updates to any Content contained on the Site without prior notice.
4.4 The User acknowledges and agrees that there are no representations made by TT that the User will achieve specific results from their use of any information available via the Site.
6. Links to External Websites
6.1 Through this Site Users are able to link to other websites which are not under the control of TT. TT has no control over the nature, content and availability of those external websites. Unless otherwise stated, the inclusion of any links on the Site does not imply a recommendation or endorsement of the goods and services, or opinions contained within such websites.
7.1 To the fullest extent permitted by law, TT and its related bodies corporate, its directors, and employees expressly disclaims all warranties, express or implied, of any kind with respect to the Site.
7.2 TT and its related bodies corporate, its directors, and employees are in no way responsible for and accept no liability for any loss (including but not limited to loss of revenue or anticipated profits, loss of goodwill, loss of business) in connection with;
(a) the conduct and behaviour of any User, whether on the Site or otherwise;
(b) any incorrect or inaccurate content on the Site; or
(c) the consequences of any malfunction of any equipment or programming associated with the operation of the Site.
(d) any information available on or through the Site or on or through any third party website to which is linked to from the Site; or
(e) TT’s negligence or the negligence of any of its related bodies corporate, directors, officers, shareholders, employees, contractors or agents.
7.3 The User agrees that the opinions of TT’s employees and contractors, and/or other Users which are expressed on the Site are not the opinions of TT, and the User agrees that TT will not be liable for any loss or injury or any direct, indirect, consequential, special, punitive, or other damages caused by or as a result of those opinions.
7.4 There may be times when the Site is temporarily unavailable to Users due to maintenance or any to other reason beyond the control of TT. In the event that the Site is unavailable TT is in no way responsible for any loss or damage suffered by the User as a result of such ‘down-time’.
7.5 TT is in no way responsible for any problems or technical malfunction of any telephone network or lines, servers or providers, computer equipment, software, failure of email or players on account of technical problems or traffic congestion on the Internet, including but not limited to any injury or damage to the User’s or to any other person’s computer in connection to or resulting from the use of the Site in any way.
8. User Warranties
8.1 THE USER WARRANTS THAT TT SHALL NOT BE IN ANY WAY LIABLE TO THE USER OR ANY THIRD PARTY FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES, INCLUDING FOR LOSS OF MONEY, GOODWILL, REPUTATION OR DATA ARISING FROM THE USER’S USE OF THE SITE OR ANY INFORMATION AVAILABLE ON THE SITE.
8.2 THE USER WILL NOT HOLD TT RESPONSIBLE FOR OTHER USERS’ ACTS OR OMISSIONS IN CONNECTION WITH THEIR USE OF THE SITE AND THE USER AGREES THAT TT HAS NO CONTROL OVER, AND DOES NOT GUARANTEE, AND DISCLAIMS ANY AND ALL LIABILITY FOR THE QUALITY OF THE COMMUNICATIONS AND THE ACCURACY OF INFORMATION CONTAINED ON THE SITE.
9.1 The User indemnifies TT, and holds TT, its officers, directors, employees, contractors, affiliates, and licensors harmless from and against:
(a) any and all claims, demands and damages (including but not limited to legal fees) made by a third party due to or arising from or related to the User’s violation of these Terms & Conditions, or the User’s violation of any laws, regulations or third party rights;
(b) liability for or in respect of any physical injury (including death) to the User or any other person;
(c) damage to property; and/or
(d) other liability, damage or loss;
insofar as the injury, damage or other liability, damage or loss is attributable to the User’s negligence, breach of these Terms & Conditions, or unlawful or wilful act or omission in connection with these Terms & Conditions or use of the Site.
9.2 Should TT in its sole discretion, determine that any User has breached these Terms & Conditions, then nothing herein shall prevent or in any way restrict its right to pursue any of its legal and/or other remedies, including, without limitation, court action.
10.1 The User acknowledges that this Agreement is personal to it and cannot be assigned, transferred, sold or otherwise disposed of without the prior consent in writing of TT. TT reserves its right to assign the provisions of this Agreement at any time.
11. Governing Law and Jurisdiction
11.1 These Terms & Conditions and the access and use of the Site shall be governed by and construed in accordance with the laws of Victoria, Australia. By accessing and using the Site, the Users accepts that any dispute under these Terms & Conditions or arising out of access and/or use of the Site shall be subject to the exclusive jurisdiction of the Victorian Courts in Australia and by accessing and/or using the Site, Users hereby submit to the jurisdiction of such courts for such purposes.
11.2 Users are solely responsible for compliance with any applicable laws of the country from where they access this Site.
11.3 This Agreement is the entire agreement between TT and the User and shall supersede and/or override any previous oral or written agreements between the User and TT.
12. Copyright and the DMCA
12.1 Pursuant to Digital Millennium Copyright Act, Title 17, United States Code, Section 512(c), a copyright owner or their agent may submit a takedown notice to us via our DMCA Agent listed below. As an internet service provider, we are entitled to claim immunity from said infringement claims pursuant to the “safe harbor” provisions of the DMCA. To submit a good faith infringement claim to us, you must submit a notice to us that sets forth the following information:
Notice of Infringement – Claim
1. A physical or electronic signature of the copyright owner (or someone authorized to act on behalf of the owner);
2. Identification of the copyrighted work claimed to have been infringed;
3. Identification of the infringing material to be removed, and information reasonably sufficient to permit the service provider to locate the material. [Please submit the URL of the page in question to assist us in identifying the allegedly offending work];
4. Information reasonably sufficient to permit the service provider to contact the complaining party including your name, physical address, email address, phone number and fax number;
5. A statement that the complaining party has a good-faith belief that the use of the material is unauthorized by the copyright agent; and
6. A statement that the information in the notification is accurate, and, under penalty of perjury, that the complaining party is authorized to act on behalf of the copyright owner.
12.2 Title 17 USC §512(f) provides civil damage penalties, including costs and attorney fees, against any person who knowingly and materially misrepresents certain information in a notification of infringement under 17 USC §512(c)(3).
12.3 Please note that we may share the identity and information in any copyright infringement claim we receive with the alleged infringer. In submitting a claim, you understand and accept that your identity and claim may be communicated to the alleged infringer.
12.4 Send all takedown notices to our DMCA Agent listed below. Please send by email for prompt attention.
Top Music Education PTY LTD
401 Docklands Drive, Suite 1319
Docklands VICTORIA, 3008
Phone: +1 (831) 295-8573
Top Music Education PTY LTD
401 Docklands Drive, Suite 1319
Docklands VICTORIA, 3008
12.5 Counter Notification – Restoration of Material. If you have received a notice of material being takedown because of a copyright infringement claim, you may provide us with a counter-notification in an effort to have the material in question restored to the site. Said notification must be given in writing to our DMCA Agent and must contain substantially the following elements pursuant to 17 USC Section 512(g)(3):
1. Your physical or electronic signature.
2. A description of the material that has been taken down and the original location of the material before it was taken down.
3. A statement under penalty of perjury that you have a good faith belief that the material was removed or disabled as a result of mistake or misidentification of the material to be removed or disabled.
4. Your name, address, and telephone number, and a statement that you consent to the jurisdiction of the federal district court for the judicial district in which the address is located (or if you are outside of the United States, that you consent to jurisdiction of any judicial district in which the service provider may be found), and that you will accept service of process from the person or company who provided the original infringement notification.
5. Email your counter notice to our DMCA Agent (listed above).
12.6 Repeat Infringer Policy. We take copyright infringement very seriously. Pursuant to the repeat infringer policy requirements of the Digital Millennium Copyright Act, we maintain a list of DMCA notices from copyright holders and make a good faith effort to identify any repeat infringers. Those that violate our internal repeat infringer policy will have their accounts terminated.
13. SMS and Mobile Communications
13.1 TT offers our members and website users the option to engage in conversations with our support team to provide faster solutions and get questions answered. Message frequency varies. Message and data rates may apply.
13.2 Text HELP to 0485 828 832 for assistance in Australia. Text HELP to +1 (315) 309-4044 for assistance in the USA. Text HELP to +44 7520 649500 for assistance in the UK. Reply STOP to opt-out. Carriers are not liable for any delays or undelivered messages.
LAST UPDATE: October 2023