Subscription Terms & Conditions
Updated: 3 January 2024
If you become a subscriber of digital services from the OT10 Pty Ltd (“OT10”, “ourtop10.com.au”, “we” , “our” or “us”) then these terms apply to your subscription. Please read these terms before taking up any subscription. Our services include preparation of information pertaining to your business (“Business Information”) for publication on our website (ourtop10.com.au), as well as on any other medium that may be created by us in the future, such as mobile applications (together, “Digital Publications”). Business Information includes, but is not limited to, contact information, review or commentary in relation to your business, reviews about your business gathered online from a third party such as your past customers and/or information provided by you.
If you access the Digital Publications via applications you may also be subject to third party terms such as the Apple Terms of Service, available at Apple Terms and Conditions. If you purchased your subscription via a third party (e.g. the Apple App Store, Google Play), your subscription may be subject to different terms and conditions as determined by that third party and you will need to raise any issues you may have directly with the third party. We will not have any liability to you to the extent that the terms of those subscriptions conflict with these terms.
1. Contacting us
You can contact the Customer Service Team by:
Submitting a request on our website: https://ourtop10.com.au/contact-us
– OR –
Sending us an email at: contact@ourtop10.com.au
2. Your subscription
a. Your subscription enables the publication of your Business Information on our Digital Publications while your subscription is active. If there are different tiers of subscription for your Business Information, your subscription enables publication of your Business Information corresponding to the tier for which you subscribed.
b. Subscription fees are not refundable except to the extent expressly set out in these terms.
c. We may modify the content, inclusions, type, and availability of our digital services at any time, for example, by adding new content sections or the functionality of the digital service, such as releasing a new version of the app. We may also enable free publication of Business Information to some customers for periods of time (e.g. for promotional purposes) and you will not be eligible for a full or partial refund of your subscription fees if we do this.
d. We are not responsible and have no liability for any claim resulting from you providing incorrect information to us. You need to report any such errors to us as soon as you become aware of them. At our discretion, we may then decide to give you a credit, extend your subscription expiry date or reduce your next subscription payment.
e. Apart from giving the refunds, credits or extension of your subscription as set out in these terms, we will not be liable to you for any loss or damage that you or any other person may incur in connection with your subscription, whether direct, indirect, consequential or otherwise other than with respect to any rights you may have under the Consumer and Competition Act 2010 (Cth) or other law or which result from our negligence, wilful acts or omissions or material breach of these terms. In any case, our maximum liability to you directly or indirectly in relation to your subscription is limited to an amount equal to the subscription fees paid by you to us in the 6 month period before the claim.
f. Your subscription covers a single business only. You are not permitted to publish information pertaining to more than one business on our Digital Publications, or use your subscription for any commercial purpose, including to on-sell your subscription to any third party.
g. When you purchase your subscription directly from us, you can pay for your subscription by direct debit, credit card, debit card or any other method we may make available from time to time. Your subscription automatically renews for the next period at the end of each billing cycle and you will be charged unless you cancel before then (see section 6). When you pay by direct debit for your subscription or renewals, you must make sure you have enough clear funds in your bank account for the payment to be deducted. If payment fails, we will attempt to notify you and request that you update your payment details. We will reattempt payment several times over 7- 14 days and allow your subscription to remain active in that time. After that time, we will cancel your subscription and you will be notified. If we suspect that fraudulent information has been provided in relation to your direct debit arrangement, we may cancel the payment method, notify you of the cancellation and request you to pay by an alternative method.
h. If you believe that the incorrect amount has been debited from your bank account or that you are otherwise being billed incorrectly, let our customer service know immediately via the contact details set out in section 1.
i. You must make sure your payment details are always valid and up-to-date – you can do this online – visit My Account or contact our customer service team via the contact details in section 1.
j. If we revoke your access to our Digital Publications due to payment issues, you will need to resubscribe. The same subscription package will not necessarily be made available to you.
k. If for some unforeseen reason your Business Information is inadvertently removed or is otherwise unviewable on our Digital Publications for a continuous period of more than 24 hours due to a matter within our control, we will either extend your subscription for the corresponding amount of time, or give a credit of a pro-rated amount for the period of the service outage. If you are unable to access our services due to problems not related to us then you will not be eligible for a refund or credit of any nature.
l. If you are experiencing technical issues, you need to contact the customer service team directly for assistance via the contact details set out in section 1. We may refuse any request for credits, refunds, or extensions if you have not asked us for assistance within 7 days of experiencing an issue because, after this time, we might not have all the information necessary to properly investigate the issue.
m. You will incur other costs (e.g. data fees and service provider fees) when you access our Digital Publications. You will be responsible for these costs.
3. Pricing
a. We charge in Australian dollars and you agree to pay the subscription price at the payment intervals stated at the time you order your subscription. Discounts only apply if they are included in your subscription order.
b. We can change our pricing and fees at any time. We will give you at least 14 days notice if the new price is greater than the price you are currently paying. If you have a fixed term subscription, the new price will be shown in your renewal notice. If you have an auto-renew subscription, we will notify you by email (to the address connected to your subscription) of the new price. For auto-renew subscriptions, the new price will apply from your next billing date after the notice. If you would prefer to cancel your subscription, you may do so before the end of the billing cycle (see section 6).
4. Promotions
a. If you subscribe as part of a special promotion or offer, the specific terms of that promotion or offer will also apply – if the promotion terms conflict with these terms, those promotion terms override these terms.
b. You will be required to provide your direct debit/credit card payment details when you sign up for a promotion or offer and your subscription will then renew automatically at the end of the promotional period at the standard subscription price unless you cancel.
c. If we cancel your promotional subscription in accordance with these terms, you may not be able to re-subscribe at the same promotional price.
5. Managing your subscription
a. You can manage your account, change your personal details or your payment plan and upgrade/downgrade your subscription by contacting our Customer Service Team for help via the contact details set out in section 1.
b. Upgrades are billed from your next billing cycle but your Business Information will immediately be published at the upgraded tier on our Digital Publications. Downgrades will take effect from your next billing cycle.
6. Cancelling your subscription
a. You can request cancellation of your subscription by contacting our Customer Service Team via the contact details set out in section 1. Since you pay in advance for your subscription, cancellation won’t be effective until (at the earliest) the end of your current billing cycle (note that your cancellation request must be made at least 72 hours before your next subscription payment is due). Your Business Information will continue to be published on our Digital Publications until cancellation is effective.
b. If you cancel an annual prepaid subscription, you may be entitled to a prorated refund if there is more than one month left on your prepaid subscription. We do not make partial refunds for any other type of subscription such as monthly billed subscriptions.
c. We can cancel or suspend your subscription on 14 days’ notice at any time at our discretion but we will act reasonably. If we cancel your subscription, we may give you a prorated refund if you have pre-paid your subscription.
d. We only refund past subscription payments if you contact our customer service team to report deductions that you did not expect from your bank account within 3 months of the deduction.
e. Opting out of receiving newsletters or any other email communication otherwise related to your subscription will not constitute cancellation of your subscription.
7. Privacy
a. You agree that certain personal information (which may include your name, address, email address, year of birth, postcode and mobile/telephone number) may be collected and stored by us and used to, amongst other things, manage your subscription, communicate with you about your subscription and to notify you of any associated customer offers or benefits, future subscriptions and/or other goods and services that we consider you may be interested in, unless you opt out of these communications.
b. Information on how we handle your personal information is detailed in our Privacy Policy. You can obtain further information on our Privacy Policy by visiting Privacy.
8. General
a. Any offer of subscription and any subscription purchased is deemed to be provided to you in Australia, even if you are located elsewhere. We target our Digital Publications to audiences based in Australia. The Digital Publications may not be viewable or accessible from outside of Australia. These terms are governed by the laws of New South Wales and the courts of New South Wales, Australia have exclusive jurisdiction to decide any matters involving us in relation to your subscription and/or these terms.
b. These subscription terms are available on our website and may be changed by us at any time. Such changes will be effective when amended terms are posted on our website. We will try to provide you with timely notice of any material changes and may cancel your subscription within 30 days of any material changes if you do not agree to them. You may contact our customer service team (via the contact details set out in section 1) who will consider your position acting reasonably.
