Top Business Name

Get Your Business Name In A Flash

Website Terms and Conditions of Use

MYER & ASSOCIATES PTY LTD (ACN 132 652 389) AS TRUSTEE FOR MYER FAMILY TRUST TRADING AS TOP BUSINESS NAME (“TOP BUSINESS NAME”)
Suite 745, 585 Little Collins Street. Melbourne Vic 3000

  • This website ("Site") is owned and operated by Top Business Name.
  • Via this Site Top Business Name provides the service ("Service") which permits you to register, renew, transfer and cancel business names ("Products").
  • By accessing, browsing or using this Site, you agree to be bound by these terms, conditions and disclaimers as amended from time to time ("Terms of Use"). Please read these Terms of Use carefully before using this Site.  If you do not agree to be bound by these Terms of Use, please immediately discontinue your use of the Site. 
  • Top Business Name may amend these Terms of Use from time to time without notice.  Any amendment will be effective immediately upon being posted on this Site. Your continued use of this Site after any amendment becomes effective will constitute your agreement to be bound by these Terms of Use, as amended.
  • Top Business Name reserves the right to vary or modify the information contained on this Site, to change or discontinue any feature or part of this Site, to change the hours of availability and the equipment required to obtain access to this Site, without notice and without liability.

PRIVACY
Top Business Name may collect, use, store, record and transmit your personal information entered on this Site.  For further details, please refer to Top Business Name's Privacy Policy.  Your continued use of the Site and your provision of your personal information constitutes your approval for Top Business Name to deal with your personal information.

LINKS TO OTHER SITES
You may be able, through hypertext or other computer links, to gain access to other Sites operated either by Top Business Name, its affiliates or other third parties ("Linked Sites").  Unless otherwise specified, the Linked Sites are not under Top Business Name's control.  The Linked Sites may have different terms of use and privacy requirements.  Unless otherwise specified, Top Business Name is not responsible for the content of any Linked Sites, or any changes or updates to such sites.  Top Business Name provides these links for your convenience only.  You link to any such Linked Sites at your own risk.  Top Business Name is not a party to any transaction between you and a Linked Site.  Unless specified, Top Business Name does not sponsor, endorse, adopt, confirm, guarantee or approve of any material or representations made in those Linked Sites.

DISCLAIMER (USE OF THE SITE)

  • Top Business Name does not warrant, guarantee or make any representation regarding the accuracy, adequacy, reliability, completeness or timeliness of the information available on this Site ("Information") or that it is suitable for your intended use.  The Information is provided by Top Business Name in good faith on an "as is" basis without warranty of any kind.
  • Top Business Name does not warrant or represent that the Information is free from human or mechanical error, technical inaccuracies or other typographical errors or defects.  The use of this Site and the Information is at your own risk.
  • Top Business Name makes no warranties, guarantees or representations that the material in this Site will not cause damage or that the material is free from any computer virus or other defects.  It is your responsibility to complete a virus check on any Information downloaded.
  • All warranties, representations and statutory guarantees and any liability which may arise in relation to your access to or use of this Site or the Information is expressly excluded to the maximum extent permitted by law.


LIMITATION OF LIABILITY
Top Business Name will in no way be liable to any party for any injury, loss or damage arising out of or related to the use (or the inability to use) the Information on this Site.  Under no circumstances will Top Business Name be liable for any direct, indirect, incidental, special or consequential loss or damage, including loss of programs or data, loss of business, business interruption, or lost profits.  Where liability cannot be excluded, any liability incurred by Top Business Name is limited to the re-supply of the Information on the Site or the reasonable costs of having the Information re-supplied.

PRICING AND PAYMENT

  • Prices displayed for the supply of Products include the Goods and Services tax as defined in A New Tax System (Goods and Services Tax) Act 1999 as amended (“GST”), and any other taxes or duties imposed on or in relation to the Products.
  • Payment for the Products must be made strictly by credit card (unless advised otherwise) immediately upon confirmation of Your order.  You will not be able to receive the Products until payment is received.
  • Products listed on the Site are subject to availability.    
  • In the case of non-availability of a Product, You will be able to apply for a different Product. 


DELIVERY

  • Top Business Name will email (and in some cases mail) the Products when they become available. 
  • Any period or date for the delivery of Products stated by Top Business Name is an estimate only and not a contractual commitment.
  • Top Business Name will use its reasonable endeavours to meet any estimated dates for the receipt of Products by You but will not be liable for any loss or damage suffered by You or any third party for failure to meet any estimated date.
  • You must advise Top Business Name in writing within 48 hours after receiving the product of any issues.
  • If You are required to provide ASIC keys, transfer numbers and other ASIC related information to Top Business Name in order for Top Business Name to provide you with Products and Services, You must provide these as soon as you receive them from ASIC.

CANCELLATION

  • If Top Business Name is unable to deliver or provide the Products, then it may cancel Your order (even if it has been accepted) by notice to You. In such circumstances, Top Business Name will refund to You Your purchase price less any ASIC or other registration fees that have become non-refundable.
  • No purported cancellation or suspension of an order or any part of it by You is binding on Top Business Name once the order has been accepted and payment confirmed.
  • Once payment has been received by Top Business Name, we will keep the funds until the name becomes available and will register it at that point in time.
  • No refunds will be given once the order has been submitted and payment received by Top Business Name.
  • No refunds will be given if you mistype the business name for renewal or the ABN attached to the business name, even if you later register the correct business name through a different source, whether it is a different provider or directly with ASIC

THIRD PARTY MATERIAL

  • Certain Information may include material from third parties.
  • You agree that Top Business Name is not responsible for examining or evaluating the content or accuracy of the third party material and Top Business Name does not warrant and, to the fullest extent permitted by law, will not have any liability or responsibility for any third party material.
  • You agree that you will not use any third party material in a manner that would infringe or violate the rights of any other party and that Top Business Name is not in any way responsible for any such use by you.


INTELLECTUAL PROPERTY (SITE)

  • © Myer & Associates Pty Ltd as trustee for Myer Family Trust trading as Top Business Name 2016.  All rights reserved.
  • You acknowledge and agree that all content, coding, graphics, and Information available on this Site is protected by copyright, trade mark or other intellectual property rights and laws and remains the property of Top Business Name or third party suppliers as the case may be.
  • No part of the Information may be copied, reproduced, modified, republished, uploaded, posted, transmitted or distributed in any form or manner without Top Business Name's prior written consent.  However, you may download and print these Terms of Use and the Privacy Policy for your personal non-commercial use.
  • All trade marks and trade names which appear on this Site are proprietary to Top Business Name and/or its affiliates.  Use of these trade marks without the owner's consent will infringe the owner's intellectual property rights.  Nothing in this Site should be interpreted as granting any rights to use or distribute any names, logos or trade marks except with the express written consent of the respective owner.


SPAM
The publication of Top Business Name's email addresses on this Site is to facilitate communications relating to the Products and Services supplied by Top Business Name.  It must not be inferred as consent by Top Business Name to receive unsolicited commercial electronic messages.


USE OF THE SERVICE

  • You must not make the Service available to an unauthorised user.
  • Unless permitted by law, you must not, nor must you authorise any third person to reverse engineer, decompile, disassemble or otherwise attempt to discern the source code of the components of the Service or reproduce all or any portion of the said components.
  • Use of the Service requires compatible devices, internet access, and certain software (fees may apply); and may require obtaining periodic updates and upgrades.  Your ability to use the Service may be affected by the performance of these factors.  You agree that meeting these requirements which may change from time to time, is your responsibility.


DISCLAIMER (USE OF THE SERVICE)
Top Business Name does not guarantee that use of the Service will be uninterrupted or error-free, and you agree that from time to time Top Business Name may remove the Service for indefinite period of time, or cancel the Service at any time, without notice to you, where reasonably necessary to protect Top Business Name's legitimate interests, to maintain or improve the Service or to comply with an order from any competent judicial, administrative or regulatory authority.


DISCLAIMER

  • None of the Products constitute legal or professional advice. 
  • Certain registrations or proposed names may be rejected by ASIC and Top Business Name will not take any responsibility for such rejections.
  • Use of the Products does not in itself equate to compliance with applicable laws and regulation.  
  • You acknowledge that you have not made known either expressly or by implication to Top Business Name any purpose for which you require the Products and you have the sole responsibility of satisfying yourself that the Products are suitable for your use.
  • You may be required to provide ASIC keys, transfer numbers and other ASIC related information to Top Business Name in order for Top Business Name to provide you with Products and Services.
  • Top Business Name recommends that you obtain advice as to the suitability of the Products to Your needs.
  • Top Business Name does not warrant, guarantee or make any representation regarding the accuracy, adequacy, reliability, completeness or timeliness of the Products or that they are suitable for your intended use.  The use of the Products is at your own risk.
  • Top Business Name does not warrant or represent that the Products are free from human or mechanical error, technical inaccuracies or other typographical errors or defects. 
  • Products may include material from third party authors or suppliers.
  • You agree that Top Business Name is not responsible for examining or evaluating the content or accuracy of the third party material and Top Business Name does not warrant and, to the fullest extent permitted by law, will not have any liability or responsibility for any third party material.
  • Changes are periodically made to the Products. Top Business Name, its authors or its suppliers may make changes to Products at any time in their sole discretion without notice or liability.
  • Top Business Name reserves the right to suspend, remove or disable access to Products at any time without notice or liability.


LIABILITY

  • Except as these Terms of Use specifically state, or as contained in any express warranty provided in relation to the Products or Service, the agreement for the supply of Products from Top Business Name to you does not include by implication any other term, condition or warranty in respect of the quality, merchantability, acceptability, fitness for purpose, condition, description, assembly, manufacture, design or performance of the Products or Service or any contractual remedy for their failure.
  • If You are a consumer as defined in the Australian Consumer Law Schedule of the Competition and Consumer Act ("ACL"), nothing in these Terms of Use restricts, limits or modifies Your rights or remedies against Top Business Name for failure of a statutory guarantee under the ACL.
  • If clause above dealing with ACL does not apply, then other than as stated in these Terms of Use or any written warranty statement, Top Business Name is not liable to You in any way arising under or in connection with the sale, use of, storage or any other dealings with the Products or Service by You or any third party.
  • Top Business Name is not liable for any indirect or consequential losses or expenses suffered by You or any third party, howsoever caused, including but not limited to loss of turnover, profits, business or goodwill or any liability to any other party, except to the extent of any liability imposed under the ACL.
  • Nothing in the Terms is to be interpreted as excluding, restricting or modifying or having the effect of excluding, restricting or modifying the application of any State or Federal legislation applicable to the sale of goods or services which cannot be so excluded, restricted or modified.
  • You acknowledge that you have not relied on any service involving skill and judgment, or on any advice, recommendation, information or assistance provided by Top Business Name in relation to the Products or Service or their use or application.


MISCELLANEOUS

  • By accessing and using this Site, you agree to submit to the exclusive jurisdiction of the Courts of Victoria.  If you access this Site from other jurisdictions, you are additionally responsible for compliance with local laws. 
  • Top Business Name's failure to enforce any of these Terms shall not be construed as a waiver of any of Top Business Name’s rights.
  • If any Term is unenforceable it shall be read down so as to be enforceable or, if it cannot be read down, the term shall be severed from the Terms without affecting the enforceability of the remaining terms.
  • A notice must be in writing and handed personally or sent by facsimile, email or prepaid mail to the last known address of the addressee. Notices sent by pre-paid post are deemed to be received upon posting. Notices sent by facsimile or email are deemed received on confirmation of successful transmission.


MEMBERSHIP AND MEMBER INFORMATION

  • If you are a member of certain industry groups, You may be prompted to register for Membership of this Site and to submit certain information in order to fully utilise the services and facilities provided ("Member Information").  The Member Information may include, but is not limited to, your business name, representative's name and position, contact details and credit card details.
  • Upon becoming a Member, you will create a Member ID and password. You are responsible for maintaining the confidentiality and security of your Member ID and password. You are responsible for any and all activities on this Site which occur under your Member ID and password.
  • Membership is only available to businesses.
  • Membership is non-transferable.
  • Top Business Name may terminate your Membership at any time by notice to You. You may terminate your Membership by written notice to Top Business Name.
  • You are responsible for the content of all Member Information entered on this Site.  All Member Information you enter must be accurate, complete and not misleading.  You are responsible for maintaining and updating your Member Information. 
  • You must indemnify Top Business Name for any losses, costs, expenses or damages that Top Business Name may suffer or incur if any if the Member Information provided by you is not correct.


MEMBER SUBMISSIONS

  • From time to time, you may be able to post reviews and/or comments regarding the features of this Site including the Products ("Member Submissions").  You irrevocably grant to Top Business Name a non-exclusive, royalty free, perpetual right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute and display such reviews and comments throughout the world in any media. You expressly waive in favour of Top Business Name all moral rights in any jurisdiction. 
  • You agree not to post any review or comment that contains any unlawful, threatening, abusive, defamatory, obscene, or infringing material.  If you do, you agree to indemnify Top Business Name for any losses, costs, expenses or damages that Top Business Name may suffer or incur as a result.  
  • Top Business Name reserves the right - but not the obligation - to review, edit or delete any Member Submissions that Top Business Name deems to be illegal, offensive or otherwise inappropriate.
     

Top Business Name

CUSTOMER SUPPORT

Top Business Name
Suite 745  585 Little Collins Street
MELBOURNE  VIC  3000

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