Terms & Conditions

  1. This Website is owned by Fresh Hope Communities in New South Wales (the “Owner”). The Owner is the owner of The Tops Conference Centre (the “Centre”). The Owner, for the purpose of enabling the User to arrange and organize group accommodation at the Centre, has developed an online system located on this Website known as the Guest Portal (“Guest Portal”). These Terms and Conditions of Use (the “Terms and Conditions”) are binding on all persons that access the website located at┬áthetops.com.au(the “Website”) other than the Home Page. By accessing any page of the Website (other than the Home Page) the user of this Website (the “User”) agrees to be bound by and accepts these Terms and Conditions, which the User acknowledges to have read and understood. The User makes use of this Website at the User’s own risk and by doing so releases the Owner from any claims of any kind arising out of that use. The User is otherwise referred to in these Terms and Conditions as “you” and any reference to the User includes a reference to the User’s employees, representatives, agent, assigns and contractors.
  2. The Owner reserves the right to make any changes to the Website, its content and/or services offered through the Website at any time and without notice.
  3. User generated content published on the Website reflects the views of visitors to the Website and does not necessarily constitute the opinion of The Tops nor does it constitute legal or other professional advice on any subject matter.
  4. The Website may contain links to other websites. The Tops includes these links solely as a convenience to the User, and the presence of such a link does not imply a responsibility for the linked site or an endorsement of the linked site, its operator, or its contents. The Tops has no control over such websites, does not review their content and will not be liable for their content or accuracy. The User accesses such websites at the User’s own risk and discretion.
  5. The User acknowledges that all intellectual property subsisting in, pertaining to, or used on, the Website including, without limitation, patents, inventions, copyright, trade marks, goodwill and trade secrets are the property of the Owner.
  6. Permission is given for the downloading and temporary storage of any one or more of the pages of the Website for the purpose of enabling you to review the content. Our documents are free for any use related to any transaction or proposed transaction with the Owner and for that purpose may be edited and printed. The contents of this Website are protected by copyright and, apart from the permission stated, the reproduction or retransmission of the contents of, or any part of, this Website is prohibited without the prior written consent of the Owner. As a result the content may not be uploaded to community sites or forums and may not be published in any form whatsoever.
  7. Notwithstanding anything to the contrary contained in these Terms and Conditions, the Owner shall have no liability for any loss, damage, cost, claim or penalty of whatsoever nature, including but not limited to indirect and consequential damages and loss of profits, however arising out of or in connection with the Website or the use of the online system known as “Guest Portal” (the “online system”) and whether caused by latent or patent defects in the Website or the online system or, the use of the Website and information contained on the Website or otherwise.
  8. The User assumes all responsibility and risk for the use of the Website and the online system and the Owner disclaims all liability for any loss, injury, damage, cost, penalty or claim resulting from the use therefrom, whether direct or indirect, and whether or not the Owner has been advised of, or has knowledge of the possibility of, such loss, injury, damage, cost, penalty or claim resulting from the use of the Website, whether direct or indirect.
  9. The Owner shall not incur any liability to the User or any other person or entity associated with the User for any damages whether, indirect, incidental, special, consequential or otherwise, including but not limited to, loss of revenue or profit, or commercial or economic loss arising out of the use of this Website on the online system.
  10. The Owner will retain certain data for the purpose of statistical gathering and analysis, of the data will be used to develop products and services associated with the Centre. Under no circumstances will data be sold or distributed to any third party. We refer you to the Owner’s Privacy Policy on this website. Each User is bound by the Privacy Policy as published on the Website. The User consents to the Owner disclosing “personal information” (as that expression is defined in the Privacy Act 1988) as the Owner sees fit.
  11. As a User you must not take any action of any kind whatsoever, which interferes with the proper operation of the Website and you must not copy or deal with or alter or modify any material on the Website.
  12. The Owner makes no representations or warranties with respect to the quality of, nor the benefits of, nor the use of, nor the fitness for any purpose of, the online system and any other goods and services offered by the Owner at the Centre or by means of the Website.
  13. Each User warrants:
    • (a) that the User has the power to enter into enforceable agreements;
    • (b) that any information supplied by the User to the Owner is and will be true and complete at all times and each User agrees to inform the Owner of any changes to any information supplied by the User to the Owner (so as to ensure its correctness) within seven (7) days of the date of any change.
  14. The Owner may for the purpose of facilitating any transaction between you and the Owner disclose your identity and contact details (so far as reasonably possibly).
  15. You agree you are responsible for all actions you take in accessing, or in respect of, this Website and utilising the online system and any other services of the Owner and, further, you agree you have determined to use this Website and/or the online system of your own volition and you accept that you do so at your own risk and you will not, make any claim against the Owner in respect of, or hold, or seek to hold, the Owner responsible for, or liable for, any damage suffered by the User arising out of the use of the Website and/or the online system (so far as reasonably possibly).
  16. You agree:
    • (a) you will not do anything which:
      • (i) would cause any damage or interference to the online system or the Website;
      • (ii) may be illegal; or
      • (iii) may render the Owner liable to any other person; or
      • (iv) may render the Owner liable for any breach of any law or obligation to any person; or
      • (v) may in any way interfere with the conduct of the Owner’s business;
    • (b) you will honour every obligation under, and properly perform, every agreement with the Owner to which the User is a party;
    • (c) the relationship between the Owner and the User is that of independent parties; and
    • (d) to indemnify the Owner, and keep the Owner indemnified, against any loss, damage, cost, charge or expense whatsoever:
      • (i) incurred or suffered by the Owner in connection with, or as a consequence of, any breach by, or attempted breach by, the User of any obligations of the User to the Owner; and
      • (ii) incurred or suffered by any third party in relation to any act or omission by the User in relation to the Website and the online system and the use thereof by the User.
  17. The Trade Practices Act (Cth), and other statutes (together and separately “the Legislation”) may impose warranties, terms and conditions or impose obligations on the Owner which cannot, or can only to a limited extent, be excluded, restricted or modified and the User agrees, to the extent permitted by law:
    • (a) that any warranties of the Owner (whether express or implied under the Legislation), are to the extent possible, excluded;
    • (b) that such conditions that exclude or limit the Owner’s liability shall apply;
    • (c) that subject to (a) and (b) the User’s obligations shall be construed subject to the Legislation and any inconsistency between the Legislation and the User’s obligations shall be read down to conform to the Legislation; and
    • (d) that the Owner does not, and cannot guarantee or warrant, the quality or suitability of the online system or the services of the Owner supplied at the Centre or pursuant to this Website.
  18. The Owner’s liability for a breach of a condition or warranty implied under the Legislation is, to the extent permissible under that Legislation, limited to:
    • (a) in the case of goods, any one or more of the following:
      • (i) replacement of the goods and the supply of the equivalent goods;
      • (ii) the repair of the goods;
      • (iii) the payment of the cost of replacing the goods or of acquiring equivalent goods; and
      • (iv) the payment of the cost of having the goods repaired; and/or
    • (b) in the case of services:
      • (i) the supply of the services again; or
      • (ii) the payment of the cost of having the services supplied again.
  19. The Owner shall not be liable, in any way, where the User suffers any damage as a consequence of any matter beyond the control of the Owner (so far as reasonably possibly).
  20. The copyright in these Terms and Conditions and in the Guest Portal is held by the Owner. No trade marks or intellectual property of the Owner may be used by any other person except with express written permission.
  21. Your connection to this application is secured by Secure Sockets Layering (SSL) 128 – bit encryption, and the information you enter is stored in a secure database.