TERMS, PRIVACY & DISCLAIMERS

Company Details
Trading Name: The Farmer Family Trust & TN Diamond Trust T/A Topcatz
ABN: 35 710 676 443

Country: Australia
Telephone Number: 0427 099 221
Email: juliane at topcatz.com.au

1. ACCEPTANCE OF TERMS

By accessing, downloading, installing, or using The Farmer Family Trust & TN Diamond Trust T/A Topcatz and or Topcatz services, whether or not you become a registered user (“User”, “You”, “Yourself”, “Your”), You agree to be bound by these Terms, which You acknowledge that You have read and understood. We reserve the right, at our sole discretion, to change, modify or otherwise alter these Terms at any time. You must review these Terms at https://www.topcatz.com.au/terms-conditions/ on a regular basis to keep Yourself informed of any changes.

We may discontinue or make changes to the content of this site and the network at any time. Any dated information included in this site is current at the date of publication only, and we will not have any obligation or responsibility to update or amend such information.
 

 2. DISCLAIMER

The Farmer Family Trust & TN Diamond Trust T/A Topcatz and or Topcatz cannot and does not make any guarantees about your ability to get results with our ideas, information, tools, or strategies. You should know that all products and services by our company are for educational and informational purposes only. Nothing on this page, any of our websites, or any of our content or curriculum is a promise or guarantee of results, and we do not offer any legal, medical, tax or other professional advice. Use caution and always consult your GP, psychologist or other appropriate health care practitioner before acting on this or any information related to a lifestyle change. You alone are responsible and accountable for your decisions, actions and results in life, and by your registration here you agree not to attempt to hold us liable for your decisions, actions or results, at any time, under any circumstance. The information is generic in nature and we take no responsibility for its usage. By accessing and using this website you acknowledge that you have read these conditions and agree, without limitation, to be bound by them.

As affiliates of certain products and services we may receive compensation for recommending and promoting products/services linked to from this website.

Every effort has been made to accurately represent information and its potential. Examples in these materials are not to be interpreted as a promise or a guarantee of anything. Results are entirely dependent on the person using our product, ideas and techniques. Your level of success in attaining the results claimed in our materials depends on the time you devote to the program, ideas and techniques mentioned, knowledge and various skills.  Since these factors differ according to individuals, we cannot guarantee your success, nor are we responsible for any of your actions.

Any and all forward looking statements here or on any of our sales material are intended to express our opinion of earning potential.  Many factors will be important in determining your actual results and no guarantees are made that you will achieve results similar to ours or anybody else’s, in fact no guarantees are made that you will achieve any results from our ideas and techniques in our material.

Except for any implied condition, guarantee or warranty the exclusion of which from these Terms and Conditions would contravene any statute or cause any part of these Terms and Conditions to be void (“Non Excludable Condition”), we exclude from these Terms and Conditions all conditions, guarantees, warranties and terms, implied by statute, general law or custom. Except for any liability in relation to a Non Excludable Condition, we exclude all liability whether arising in tort (including, without limitation, negligence), contract, equity or otherwise for any personal injury or any other loss or damage whether direct, indirect, special or consequential, arising in any way out of the services. Nothing in these terms affects the statutory rights of any person under the Australian Consumer Law or any other applicable law.

You agree that we will not be liable for any loss or damage which you incur as a result of use of this website including without limitation, damage caused by access delays, computer viruses, system failure or malfunction which may occur in your use of the website including hyperlink to or from third party websites.
 

3. HOURS OF OPERATION

Topcatz is open Monday–Friday 9a.m. – 5p.m Australian Central Standard Time (ACST). We close for all government observed holidays.
 

 4. REFUNDS, RETURNS AND CANCELLATIONS – SUBSCRIPTIONS, TRIALS AND DIGITAL PRODUCTS

Refunds are a privilege not a right and will be treated as such. Each refund request will be assessed on a case-by-case basis and when genuine value has not been received or isn't able to be received, refunds will be granted at the discretion of the directors.

Trial Membership Subscriptions
Your Topcatz membership may start with a trial of $1. The trial period of your membership may last for 3 months or as otherwise specified during sign-up. For combinations with other offers, restrictions may apply. Trials are for new and certain former members only. The Farmer Family Trust & TN Diamond Trust T/A Topcatz and or Topcatz reserves the right, in its absolute discretion, to determine your trial eligibility.

You must have Internet access and provide us with a current, valid, accepted method of payment to use the Topcatz membership service. Trial members of Topcatz Mentorship will receive a notice from us that your trial period is ending and that the paying portion of your membership has begun. This will occur via email no later then 24 hours before the paying portion of the membership begins. We will continue to bill your Payment Method on a monthly basis for your membership fee until you cancel.

Monthly Membership Subscriptions
Your Topcatz Mentorship membership will continue month-to-month unless and until you cancel your membership or we terminate it. You must have Internet access and provide us with a current, valid, accepted method of payment to use the Topcatz Mentorship membership service. We will bill the monthly membership fee to the payment method used when signing up unless updated or changed by subscriber. You must cancel your membership before it renews each month in order to avoid billing of the next month’s membership fees to your Payment Method. You may cancel your membership at any time by emailing us at juliane at topcatz.com.au and asking for your subscription to be cancelled.

Yearly Membership Subscriptions
There are no refund requests provided for yearly subscription purchases. Yearly Subscribers will be notified via email prior to renewal with the option to renew at the original yearly price. If the subscriber does NOT notify the company that they do NOT wish to continue at the yearly price, the subscribers account will renew automatically. Subscribers are also given the option to downgrade to a monthly recurring membership.

Online Programs and Digital Products
Should a customer who has purchased a program at the full retail or promotional price, not be completely satisfied and/or believes that they have received no value at all from the program within the first three (3) modules or first 21 days, whichever is the lesser in time may complete a request for refund by emailing juliane at topcatz.com.au.

An ‘Online Program’ is a program that has a number of modules, courses and/or lessons that make up that program. Prior to a request for refund, the customer is expected to have completed the first three (3) modules of that program in full, including any related activities that are required for those learning modules in order to make an informed decision. The only exception to this refund policy is a medical situation where a medical certificate can be provided that provides evidence that the person requesting the refund has been incapacitated and not able to continue their program.

The pre-refund process requires the customer to provide in detail their reasons for why they are not completely satisfied or why they feel they have received no value from their purchase, allowing Topcatz 14 days to improve the situation for the customer in the first instance. If, after those 14 days, Topcatz has not been able to provide the satisfaction or value to that customer, then a full refund of the amount paid by the customer in relation to that particular program they are not satisfied with, will be returned to the customer.
 

5. MEMBER DISCOUNT POLICY

From time to time, on some Topcatz products, we may offer our members the opportunity to purchase additional products and services at a discount rate. To be eligible for this discount, the customer must be a member in good standing at the time of purchase. There are no rebates or refunds on discounted products and services that are offered because these discounts are intended to be a benefit for active members, and not an enticement for new members.

In the event that a member purchases an item that was eligible for a discount, if the member notifies our Customer Support department within 30 days of the purchase, a partial refund for the discounted amount will be offered. If the available discount is not reported within 30 days, a credit for additional purchases will be offered, but note that no refunds or credits will be offered after 12 months from the date of purchase.
 

6. LIVE STREAMS and WEBINARS

Refunds in relation to once off live streams including Webinars that are ‘not’ recorded, will only be provided in situations where the customer is unable to watch the live stream/webinar due to technical issues. Refunds in such a case will only be considered and processed within the first three (3) days of the respective event.

No refunds will be issued for live webinars that are offered as part of an online program as those webinars will be recorded for later viewing if the customer was unable to view or attend the webinar at the time it occurred.
 

7. LIMITATION ON LIABILITY

 The Farmer Family Trust & TN Diamond Trust T/A Topcatz and or Topcatz AND ALL CONTENT AND SOFTWARE ASSOCIATED THEREWITH, OR ANY OTHER FEATURES OR FUNCTIONALITIES ASSOCIATED WITH The Farmer Family Trust & TN Diamond Trust T/A Topcatz and or Topcatz ARE PROVIDED “AS IS” AND “AS AVAILABLE” WITH ALL FAULTS AND WITHOUT WARRANTY OF ANY KIND. The Farmer Family Trust & TN Diamond Trust T/A Topcatz and or Topcatz DOES NOT GUARANTEE, REPRESENT, OR WARRANT THAT YOUR USE OF TOPCATZ PRODUCTS AND SERVICES INCLUDING PRE-RECORDED AND LIVE STREAM WILL BE UNINTERRUPTED OR ERROR-FREE.

The Farmer Family Trust & TN Diamond Trust T/A Topcatz and or Topcatz is not responsible for any problems or technical malfunction of any network or lines, computer online systems, servers, or providers, computer equipment, software, failure of any e-mail or redemption to be received by The Farmer Family Trust & TN Diamond Trust T/A Topcatz and or Topcatz on account of technical problems or traffic congestion online or on the Internet or at any Web site, or any combination thereof including any injury or damage to customer’s or any other person’s computer related to or resulting from downloading or streaming any materials consistent with this agreement or subsequent use of any The Farmer Family Trust & TN Diamond Trust T/A Topcatz and or Topcatz owned web properties. If, for any reason, the stream is not capable of running online as planned, including infection by computer virus, bugs, tampering, unauthorized intervention, fraud, technical failures, or any other causes beyond the control of The Farmer Family Trust & TN Diamond Trust T/A Topcatz and or Topcatz which threatens or corrupts or adversely affects the administration, security, fairness, integrity or proper conduct of a live stream offer, The Farmer Family Trust & TN Diamond Trust T/A Topcatz and or Topcatz, reserves the right, in its sole discretion, to cancel, terminate or suspend the offer and/or any subscription.
 

8. YOUR ACCOUNT

You agree to provide accurate and complete information when you register with, and as you use The Farmer Family Trust & TN Diamond Trust T/A Topcatz and or Topcatz, and you agree to update your account information to keep it accurate and complete. You agree that The Farmer Family Trust & TN Diamond Trust T/A Topcatz and or Topcatz may store and use the information you provide for use in maintaining and billing fees to your Account.

8.1 Access to Previous Purchases

As an accommodation to you, subsequent to acquiring The Farmer Family Trust & TN Diamond Trust T/A Topcatz and or Topcatz training, you may download previously acquired training (when available) onto any Associated Device. Some The Farmer Family Trust & TN Diamond Trust T/A Topcatz and or Topcatz training or services that you previously acquired may not be available for subsequent download or access at any given time, and The Farmer Family Trust & TN Diamond Trust T/A Topcatz and or Topcatz shall have no liability to you in such event. As you may not be able to subsequently download certain previously acquired content or training, once you download an item, it is your responsibility not to lose, destroy, or damage it, and you may want to back it up.

The Farmer Family Trust & TN Diamond Trust T/A Topcatz and or Topcatz reserves the right to change content options (including eligibility for particular features) or remove access without notice to any previously purchased training or content that is no longer valid or deemed out of date.
 

9. SOCIAL MEDIA GROUPS AND COMMUNITIES

Everyone is welcome here. We have community members of all skill and experience levels, from college students to entrepreneurs to millionaires. We want people to feel safe when using our groups and forums. For that reason, we’ve developed a set of community guidelines, outlined below. These policies will help you understand what type of sharing is allowed in our private groups and communities, and what type of content may be reported to us and removed. Because of the diversity of our global community, please keep in mind that something that may be disagreeable or disturbing to you may not violate our community guidelines.-

- Keep it respectful
- Comments that are inappropriately negative, rude, or attacking will be deleted, removed, or we will ask you to revise your thoughts. Everyone is here to learn and grow, so anything violating that will be removed.
- No pitching to the group

- We have a strict ‘no shopping for customers’ policy in our groups. This includes pointing people to blog posts with your offers/affiliate offers and publicly asking members to join your own Facebook groups or communities. Be cautious of unsolicited private messages to group members. If we get multiple complaints that you or someone else is using private messages to make unsolicited pitches to members, you may be asked to leave. You should view the group as your peers, not your leads.
- No gated content
- Content posted in the groups cannot be used to harvest leads in any way.

- Respect confidentiality
- Content gathered in our online community groups cannot be collected, repackaged, and/or shared outside the group. Every member of our communities has a right to privacy and the right to feel safe that their questions, answers, and experiences remain privy to group members only.
- Keep it on topic

- We reserve the right to remove posts based on off-topic content or offensive content.
- Partnering with other members: access to this group does not mean that The Farmer Family Trust & TN Diamond Trust T/A Topcatz and or Topcatz endorses anyone’s products or services. Please be cautious and do your due diligence when partnering with anyone in the group – don’t assume everyone is trustworthy.

- Report posts that are breaking group policies
- Due to the large amount of people in our groups and communities, it’s sometimes difficult for us to catch everything. If you see a post that is questionable, please report it, tag our community manager in the comments, or reach out to our community manger directly via private message so our team can review them.
- Breaking the rules: if you are deemed to be breaking the rules of the group, The Farmer Family Trust & TN Diamond Trust T/A Topcatz and or Topcatz reserves the right to remove you from the Facebook or any other online Topcatz group that the offending behaviour has occurred within.
 

10. INTELLECTUAL PROPERTY

You agree that The Farmer Family Trust & TN Diamond Trust T/A Topcatz and or Topcatz, including but not limited to The Farmer Family Trust & TN Diamond Trust T/A Topcatz and or Topcatz Products and services, graphics, user interface, audio clips, video clips, editorial content, templates and the scripts and software used to implement The Farmer Family Trust & TN Diamond Trust T/A Topcatz and or Topcatz, contains proprietary information and material that is owned by The Farmer Family Trust & TN Diamond Trust T/A Topcatz and or Topcatz and/or its licensors, and is protected by applicable intellectual property and other laws, including but not limited to copyright. You agree that you will not use such proprietary information or materials in any way whatsoever except for use of the The Farmer Family Trust & TN Diamond Trust T/A Topcatz and or Topcatz Services may be reproduced in any form or by any means, without expressed written permission from The Farmer Family Trust & TN Diamond Trust T/A Topcatz and or Topcatz and or the product owner/s. You agree not to modify, rent, lease, loan, sell, distribute, or create derivative works based on the The Farmer Family Trust & TN Diamond Trust T/A Topcatz and or Topcatz Services in any manner, and you shall not exploit the The Farmer Family Trust & TN Diamond Trust T/A Topcatz and or Topcatz brand in any unauthorised way whatsoever, including, but not limited to, by trespass or burdening network capacity.

Notwithstanding any other provision of this Agreement, The Farmer Family Trust & TN Diamond Trust T/A Topcatz and or Topcatz reserve the right to change, suspend, remove, or disable access to any The Farmer Family Trust & TN Diamond Trust T/A Topcatz and or Topcatz, content, or other materials comprising a part of the The Farmer Family Trust & TN Diamond Trust T/A Topcatz and or Topcatz brand at any time without notice. In no event will The Farmer Family Trust & TN Diamond Trust T/A Topcatz and or Topcatz be liable for making these changes. The Farmer Family Trust & TN Diamond Trust T/A Topcatz and or Topcatz may also impose limits on the use of or access to certain features or portions of The Farmer Family Trust & TN Diamond Trust T/A Topcatz and or Topcatz websites, products and or services in any case and without notice or liability.

All copyrights in and to The Farmer Family Trust & TN Diamond Trust T/A Topcatz and or Topcatz (including the compilation of content, postings, links to other Internet resources, and descriptions of those resources) are owned by The Farmer Family Trust & TN Diamond Trust T/A Topcatz and or Topcatz, who reserve all their rights in law and equity. THE USE OF ANY PART OF The Farmer Family Trust & TN Diamond Trust T/A Topcatz and or Topcatz, EXCEPT FOR USE OF The Farmer Family Trust & TN Diamond Trust T/A Topcatz and or Topcatz AS PERMITTED IN THIS AGREEMENT, IS STRICTLY PROHIBITED AND INFRINGES ON THE INTELLECTUAL PROPERTY RIGHTS OF OTHERS AND MAY SUBJECT YOU TO CIVIL AND CRIMINAL PENALTIES, INCLUDING POSSIBLE MONETARY DAMAGES, FOR COPYRIGHT INFRINGEMENT.

The Farmer Family Trust & TN Diamond Trust T/A Topcatz and or Topcatz trademarks, service marks, graphics, and logos used in connection with The Farmer Family Trust & TN Diamond Trust T/A Topcatz and or Topcatz are trademarks or registered trademarks of The Farmer Family Trust & TN Diamond Trust T/A Topcatz and or Topcatz in Australia and the U.S. and/or other countries.

The material contained in this site, including our name, logos slogans, data, information, graphics, underlying software, are protected by copyright, trademark and other intellectual property laws, are owned by us and or our licensees and are available for your personal use only.

You must not copy, modify, alter, download, publish, broadcast, distribute, sell or transfer any such materials unless expressly provided for in these Terms and Conditions or with our express permission. All rights not expressly granted herein are reserved. Downloading of any information, content or images from our website does not transfer any right or ownership of such information, content or images to you and such information, content or images may be used solely in accordance with these Terms and Conditions is the copyright of The Farmer Family Trust & TN Diamond Trust T/A Topcatz and or Topcatz and is protected by Australian and international copyright laws.

The site and the data in it are supplied solely for informational use. Apart from permitted uses under the Copyright Act 1968 (Cth), and, except for the temporary copy held in your computer’s cache and downloading for private use, no part of the material or data contained in this site may be reproduced, altered, transmitted or re-used for any purpose whatsoever without the written permission of The Farmer Family Trust & TN Diamond Trust T/A Topcatz and or Topcatz.
 

11. PAYMENTS

All payments are to be made in AUD. Dollars (AUD). All AUD advertised pricing includes GST. Invoices are automatically generated and can be requested at any time by emailing juliane at topcatz.com.au.

Membership payments made by credit card will be automatically processed on the monthly due date. If a payment by credit card bounces for any reason, attempts to charge will be made in the following days/weeks. If the card continues to bounce or rejects the payment, or if a charge-back is claimed by the client or their bank, the matter will be handled internally with written notice or transferred to a debt collection agency and reported to VEDA (credit reference agency) if there continues to be a failure to pay.
 

12. PRIVACY

Our Website is committed to the protection of personal information provided to us. Our Website follows various principles concerning the collection, storage and use of personal information as contained in the Australian Privacy Principals contained in Privacy Act (1988) (Cth). Accordingly we have a privacy policy that deals with:

The way we collect, use and disclose personal information;
The way we protect the quality and security of such personal information;
The way that access can be granted to personal information held by us;
The manner of dealing with any complaints concerning the correctness of or access to personal information held by us.
 

13. LINKS TO THIRD PARTY WEBSITES

Links to other websites may be provided from this and other The Farmer Family Trust & TN Diamond Trust T/A Topcatz and or Topcatz web pages. In those circumstances we have no control over the content of those third party websites. We make no express warranties concerning the content of those other sites. In particular we do not warrant the accuracy, completeness or reliability of those sites for a particular purpose, nor do we warrant that such sites or their content are accurate, complete, current, or free of defects including but not limited to, viruses or other harmful elements. The user of this site will assume all risks and costs arising from the use of any website linked to this site.
 

14. INDEMNIFICATION

You agree to indemnify and hold harmless The Farmer Family Trust & TN Diamond Trust T/A Topcatz and or Topcatz and any affiliated organisations, and its directors, officers and employees from any claim or demand including reasonable legal fees, made by any third party due to or arising out of your use of this site or any violation of these Terms and Conditions.

 

15. NO OFFER OF PRODUCTS OR SERVICES

Nothing contained in this site will constitute an offer by Our Website for any products or services which may be advertised through the site including its micro site pages. Nor does Our Website make any specific warranty or representation of any kind with respect to any such information. Our Website will not be liable to you or any person who incurs any loss or damage as a result of relying upon any such information.

 

16. APPLICABLE LAW

These Terms and Conditions shall be construed and governed by the laws of Queensland, Australia. Further, any dispute arising from these Terms and Conditions or a breach of any agreement between us and you will be governed by the laws of Queensland, Australia. As a user of this website and our services you submit to the exclusive jurisdiction of the courts of Queensland, Australia and the federal courts of Australia.

Customer Service:
If you have questions or comments regarding The Farmer Family Trust & TN Diamond Trust T/A Topcatz and or Topcatz products or services, please email us at juliane at topcatz.com.au.

Your Feedback:
We welcome enquiries or feedback on Our Website or any ideas you may have. Unless specifically stated by you we shall treat any information you provide us with, as non-proprietary and non-confidential.



 © 2018 Topcatz
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