Website Terms

"Australian Consumer Law" means the Australian Consumer Law contained in the Competition and Consumer Act 2010 (Commonwealth).

"Company IP" includes the contents, layout, design, colours, appearance, graphics, and imagery of the Product, Content, and Materials, as well as all copyrights, trademarks, trade secrets, patents, and other intellectual property.

"Content" means any content, writing, images, audiovisual content, or other information published on the Product.

"Contract" means these terms and conditions.

"Dispute" means any dispute, controversy, or claim arising out of or in relation to these Terms.

"Effective Date" means the date that these Terms come into force.

"Goods" means any or all goods provided by or on the Product.

"Identifying Information" means information provided by You when registering, including your name, email address, user name, and password.

"Items" means any and all of the Product, Goods, Services, Content, and Materials collectively.

"Materials" means any materials, information, or documentation provided in connection with your use of the Goods, Services, or Product.

"Parties" means both You (the user) and Us (the owner) collectively.

"Product" means the website including all pages, subpages, blogs, forums, and connected content, the home page of which is located at www.thesocialcanvas.com.au.

"Services" means any or all services provided by or on the Product.

"Terms" means these terms and conditions.

"Third Party Links" means links or references to websites or applications other than the Product, none of which are controlled by Us.

"Us", "We", "Our", "the Company" or "the Owner" refers to KDA VENTURES PTY LTD trading as The Social Canvas, and includes any employees, affiliates, agents, or other representatives.

"You" or "Your" refers to the user of the Product.

"Your Content" means any Content posted to or added to the Product by You or somebody authorised by You.

Unless the context otherwise requires: words referring to one gender include every other gender; singular includes plural and vice versa; references to persons include companies, firms, corporations, and organisations and vice versa; and any obligation not to do something includes an obligation not to allow that thing to be done.

By continuing to use the Product and the Items, You warrant and acknowledge that You have had the chance to review and consider the Terms, that You understand them, and that You agree to be bound by them. If You do not understand or agree to the Terms, You must stop using the Items immediately.

You represent and warrant that You have the legal capacity to enter these Terms and that You have complied with all of these Terms.

In order to use the Items, You must be aged at least 18 years. By using the Items, You represent and warrant that You are aged at least 18 years. We accept no responsibility or liability for any misrepresentation of Your age.

We grant You a non-exclusive, limited, non-transferable, worldwide, and revocable licence to use the Product, Content, and Materials solely in connection with your use of the Items. This licence terminates upon your cessation of use of the Items or upon termination of this Contract.

We may sell Goods or Services, or may allow third parties to sell Goods or Services on the Product. If this occurs, specific exclusions of liability will apply as described in the "Exclusion of Liability" clause. Please refer to Our additional terms and conditions for sale of goods and/or services as applicable.

The Product, Content, and Materials are provided for general information only and may change at any time without prior notice. You accept that the Items may contain mistakes, errors, and inaccuracies, and that your use is entirely at your own risk.

To the maximum extent permitted by law, We expressly exclude all warranties, guarantees, representations or terms (whether express or implied) except for those expressly set out in these Terms, and any liability in relation to the accuracy, completeness, performance, reliability, timeliness, quality, merchantability, safety, legality or suitability of the Items.

To the maximum extent permitted by law, We will not be liable for any damage, loss, cost or expense (including legal costs) whether direct or indirect, incurred by You in connection with your use of the Items, nor for loss of data or interruption to your business.

For Third Party Goods and Services: We have no control over them and You purchase them at your own risk. You agree to pursue any claim directly with the third party provider, and to the maximum extent permitted by law, You release Us from any related claim.

We may arrange delivery of physical Goods by courier or Australia Post, processing deliveries promptly upon receipt of full payment. Delivery within Australia may take 7–21 business days; outside Australia, 10–60 business days. Digital Goods are delivered immediately.

We take no responsibility for Goods lost or damaged during delivery. Any disputes regarding lost or damaged physical Goods should be taken up directly with the relevant courier company or Australia Post.

We handle returns, refunds and repairs in accordance with Our obligations under the Australian Consumer Law. If You are seeking a return, refund or repair, please contact Us using the details at the end of these Terms, providing full details about Your valid reason.

You hereby indemnify Us (including any of Our employees, affiliates, agents or other representatives) and agree to defend Us and hold Us harmless in relation to any and all claims, suits, demands, actions, liabilities, costs and expenses (including legal costs on a full indemnity basis) which may arise from or relate to Your use or misuse of the Items.

We may immediately terminate these Terms at any time, with or without cause, and specifically reserve the right to terminate if You breach these Terms. These Terms terminate automatically if we cease to operate the Product. You may terminate at any time by contacting Us. Provisions which by their nature survive termination (including Our exclusions of liability) shall remain in full force and effect.

You agree not to use the Product or the Items for any unlawful purpose or in any way that could damage them or Our general business. You further agree not to: harass, abuse, or threaten any person; violate intellectual property rights; upload computer viruses or damaging software; commit fraud; engage in unlawful gambling, sweepstakes or pyramid schemes; publish obscene or defamatory material; publish material inciting violence, hatred or discrimination; or unlawfully gather information about others. Unauthorised use may be a criminal offence and may give rise to a claim for damages.

These Terms may be varied or amended from time to time in Our sole discretion. If You continue to use the Product following any variation, You will be deemed to have agreed to the new Terms. You agree to routinely monitor these Terms and refer to the Effective Date, clearing your cache to avoid accessing a prior version. Failure to monitor modifications is considered an affirmative waiver of your right to review the modified Terms.

We may include links or references to other websites, content or materials (Third Party Links), none of which are controlled by Us. These are provided for Your information only; We make no representations, warranties or guarantees about them and do not endorse them. You use Third Party Links at your own risk.

We may engage in affiliate marketing, receiving a commission or percentage of proceeds of Third Party Goods and Services sold through Our Product. We may also accept advertising and sponsorships from commercial businesses, or receive other forms of advertising compensation.

We may, in Our sole discretion, vary, alter, amend, change or update the Content, Materials or Product at any time. The Product may be unavailable from time to time, and We take no responsibility for, and to the maximum extent permitted by law shall not be liable for, the Items being temporarily unavailable.

The Items contain intellectual property owned by or licensed to Us (Company IP), including the contents, layout, design, colours, appearance, graphics, imagery, copyrights, trademarks, trade secrets, patents and other intellectual property. We own all intellectual property rights in the Items and nothing in these Terms transfers any such rights to You.

You agree not to use the Company IP for any unlawful or infringing purpose, nor to reproduce or distribute it (including electronically or via registration of new trademarks, trade names, service marks or URLs) without express written permission. These provisions survive any termination of these Terms.

You may be asked to register to use or access the Items, providing personal details such as your name, email address, user name and password (Identifying Information). You are responsible for the accuracy of this information and for maintaining its safety and security. You agree not to share it with third parties and to notify Us immediately if it is compromised. Providing false or misleading information, or using the Items to further fraud or unlawful activity, is grounds for immediate termination.

Through your use of the Product or Items, You may provide Us with personal information. By using the Product or Items, You authorise Us to use your information in Australia and any other country where We operate. We take Our privacy obligations seriously. Please refer to Our privacy policy for further information about what information We collect, how We use and store it, and Your rights in relation to it.

You agree not to: (a) reverse engineer, or attempt to reverse engineer or disassemble any code or software from or on the Items; and (b) violate the security of the Items through any unauthorised access, circumvention of encryption or other security tools, data mining or interference with any host, user or network.

You are prohibited from using the Items for the purpose of gathering email addresses and/or personal information from people, companies or other organisations, and/or for sending bulk or unsolicited emails.

Australian Consumer Law: You may have certain rights, warranties, guarantees and remedies under the Australian Consumer Law (Competition and Consumer Act 2010 (Cth)) which may not be restricted, modified or excluded. Our liability to you is governed solely by these Terms and the Australian Consumer Law.

Applicable law: Your use of the Product and the Items is subject to the laws of Queensland, Australia and each party submits to the jurisdiction of the courts of Queensland, Australia.

Written communication: Notice is properly given by email, facsimile, or prepaid post to an address the other party has nominated. Email is taken as received when capable of being retrieved; facsimile at the time of complete transmission; prepaid post within Australia 5 days after posting, and to/from outside Australia 21 days after posting.

No assignment: You must not assign, sub-licence or otherwise deal in any way with your rights under these Terms without Our prior written consent.

Severability: If any clause is held to be invalid or unenforceable, it is to be read down or severed such that the remaining clauses continue in full force and effect.

No waiver: Failure to enforce any provision does not constitute a waiver of future enforcement of that or any other provision.

Headings: Headings are for convenience only and do not affect the meaning of any provision.

Parties must take all reasonable steps: Each party must, at its own expense, take all reasonable steps to give full effect to these Terms.

Separate agreements: Any other legal agreements between You and Us are separate from and in addition to these Terms, which do not alter, amend, revise or replace them.

You can contact Us about these Terms using the following details:

Email: hello@thesocialcanvas.com.au