Terms of Service
These Terms of Service (hereinafter referred to as the “Terms” or “Terms of Use” or “Terms & Conditions”)
shall govern the relationship between our company and you. This website is owned and operated by:
- Company Name: Topiks PTY LTD
- Entity Type: Australian Private Company
- Registered Office: 5/58 Beltana Avenue, Dapto NSW 2530 Australia
- ACN: 671415124
- Contact Details: feedback@topiks.co
(here simply referred to as “Company” or “Topiks” or “us” or “our” or “we”). You are here simply referred
to as “you” or “your” or “user” or “users”. These Terms shall govern your use of our website - https://topiks.co/ (hereinafter referred to as the
“website” or “Site” or “Platform”).
TOPIKS is a social media platform where users can post topics, participate in discussions, and engage
with content from businesses and other users. We offer various account types, including free and premium
options for individuals, and premium options for businesses, with additional features such as keyword
bidding for advertising, private hosted rooms, and dating services for premium users. (“Service”)
Please read these Terms carefully, as these, along with our Community Guidelines, Cookie Policy, Privacy
Policy, and Cancellation & Refund Policy, statement forms the entire agreement between you and Topiks.
If you do not accept these Terms in its entirety, then you may not use the website, or any of our
services.
1. ACCEPTANCE OF THE TERMS OF SERVICE
These Terms apply to all users, including free users, personal premium users, and business account
holders. By accessing or using our website, or by using our services, or by clicking on a button or
taking similar action to signify your affirmative acceptance of these Terms, you hereby represent that:
- i. You have read, understood, and agreed to be bound by these Terms and any future updates and
additions to these Terms, as published from time to time at the website.
- ii. You are of sound mind, at least 16 years in age, and otherwise competent to form a binding
contract with us.
- iii. If you are using the platform on behalf of a business or other legal entity, you represent that
you have the authority to bind that entity to these Terms. If you do not have such authority, you
must not accept these Terms or use the platform on behalf of that entity.
- iv. We must not have previously disabled your account for violation of law or any of our policies.
- v. You have read, understood, and consented to our Community Guidelines, Cookie Policy, Privacy
Policy, and Cancellation & Refund Policy.
2. DEFINITIONS
For the purposes of these Terms of Service, the following terms shall have the meanings set forth below:
- Account: Refers to the user account created upon registration on the platform,
whether as a free user, personal premium user, or business user.
- Business Account: Refers to either the Business Premium or Business Ultimate
account types available for businesses using the platform for advertising and promotional purposes.
- Company or Topiks: Refers to Topiks PTY LTD, an Australian Private Company, with
its registered office at 5/58 Beltana Avenue, Dapto NSW 2530 Australia.
- Content: Includes any text, images, videos, audio, or other materials posted,
shared, or otherwise made available by users or businesses on the platform.
- Free User: Refers to users who have registered for a free account on the platform
and have access to basic features.
- Guru: A status or badge earned by users who reach a specific point threshold
through engaging activities such as posting topics, gaining likes, and generating "Hot Chat"
interactions.
- Hot Chat: A topic or discussion that becomes popular based on user engagement, such
as likes and comments from other users within a specific category.
- Keyword Bidding: A feature that allows business users to bid on specific keywords
mentioned in discussions in order to display relevant advertisements to users.
- Personal Premium Account: A paid user account offering additional features such as
dating services, private rooms, and advanced interaction options.
- Platform: Refers to TOPIKS, including the website, applications, and any related
services provided through https://topiks.co/.
- Private Hosted Room: A feature available to premium and business users, allowing
them to host private discussions on the platform.
- Subscription: The recurring payment plan chosen by users or businesses for premium
features on the platform, either monthly or annually.
- User: Any individual or business that creates an account on the platform, whether
free or paid.
- Website: Refers to https://topiks.co/.
3. ELIGIBILITY
- a) Minimum Age Requirement: Users must be at least 16 years old to create an
account on TOPIKS. By using the platform, you confirm that you meet this minimum age requirement. If
you are under 16, you are not permitted to access or use the platform, and TOPIKS reserves the right
to take appropriate action, including terminating your account, if it is discovered that you are
underage.
- b) Personal Accounts: TOPIKS offers two types of personal accounts: Free User
Accounts and Personal Premium Accounts. To register for either type, you must provide accurate and
complete information during the registration process.
- c) Business Accounts: TOPIKS offers Business Premium and Business Ultimate accounts
for companies and business entities. To create a business account, you must represent a valid,
legally recognized business or entity. You also confirm that you have the necessary authority to act
on behalf of the business, and any actions you take on the platform are legally binding for your
business. If it is discovered that you do not have this authority, TOPIKS reserves the right to
terminate your business account.
- d) Geographical Restrictions: The platform is available to users worldwide;
however, it is your responsibility to ensure that using the platform and its features complies with
the laws of your jurisdiction. Some countries may have restrictions or regulations concerning the
use of certain online services, and you agree that you are solely responsible for adhering to such
local laws.
- e) Compliance with Local Laws: By using TOPIKS, you represent and warrant that your
use of the platform complies with all applicable laws, regulations, and ordinances. You agree not to
use the platform in any manner that would violate these Terms, infringe on the rights of others, or
breach any legal obligations you may have. Failure to comply with applicable laws may result in the
termination of your account and potential legal action.
- f) Eligibility for Premium Features: Access to certain features on TOPIKS, such as
dating services or private hosted rooms, is restricted to users with a Personal Premium or Business
Premium/Ultimate account. To use these premium features, you must pay the applicable subscription
fees and meet any other criteria as outlined in the platform’s subscription terms.
- g) Changes to Eligibility Requirements: TOPIKS may update or change the eligibility
criteria from time to time, and it is your responsibility to review any updates to these Terms to
ensure you remain eligible to use the platform. Continued use of the platform after changes to the
eligibility criteria constitutes your acceptance of the updated requirements.
4. ACCOUNT CREATION
- a) Creating an Account: To access certain features on the platform, you are
required to register and create an account. You agree to provide accurate, current, and complete
information during the registration process. This information includes your name, email address, and
any other required details. You are responsible for maintaining the accuracy of your information and
promptly updating it if necessary.
- b) Types of Accounts: The platform offers several types of accounts, including free
user accounts, personal premium accounts, business premium accounts, and business ultimate accounts.
You must select the account type that best suits your needs and comply with any specific eligibility
requirements for that account.
- c) Account Security: You are responsible for maintaining the confidentiality of
your account credentials, including your username and password. You must notify us immediately if
you become aware of any unauthorized access to your account or any breach of security. TOPIKS is not
responsible for any losses or damages resulting from unauthorized access to your account due to your
failure to safeguard your login credentials.
- d) Multiple Accounts: You may only create one account for personal use and one
account for business purposes unless otherwise authorized by us. Creating multiple accounts without
authorization may result in account suspension or termination.
- e) Account Termination: You may delete your account at any time by following the
process outlined on the platform. We reserve the right to suspend or terminate your account at any
time if we believe that you have violated these Terms, provided false information during
registration, or engaged in prohibited activities on the platform.
5. ALLOWED USES OF THE PLATFORM
- a) Personal Use: Users with free or premium accounts are permitted to use the
platform for personal, non-commercial purposes. This includes browsing topics, participating in
discussions, creating and managing your own topics, interacting with other users, and using any
features available based on your account type, such as creating private hosted rooms or following
peers and topics.
- b) Business Use: Businesses with premium or ultimate accounts are allowed to use
the platform for commercial purposes. This includes posting topics related to your business,
engaging with discussions that may generate interest in your products or services, and using
advertising features such as keyword bidding. Businesses may also collect data insights and reports
based on user interactions to improve their marketing strategies.
- c) Content Creation: Both personal and business users can create content on the
platform. This includes posting topics, commenting on discussions, and uploading media (such as
images or videos) related to the topics. All content must comply with our Community Guidelines and
cannot include any prohibited material as outlined in these Terms.
- d) Advertising and Promotions: Businesses with the appropriate account type may use
the platform’s advertising features to promote their products or services. This includes keyword
bidding, engaging with Gurus for influence marketing, and accessing analytics to track the
performance of their advertisements.
- e) Guru Interactions: Users who achieve Guru status are allowed to interact with
businesses for potential collaboration. Businesses may hire Gurus to promote their products or post
topics that align with their business goals. Gurus must maintain their standing by adhering to
platform rules and guidelines.
- f) Premium Features: Users with personal premium accounts or business
premium/ultimate accounts can access additional features such as private hosted rooms, chat
downloads, and advanced profile management options. Premium features are subject to the subscription
terms and must be used according to the platform’s rules.
- g) Information: Whenever prompted, you must provide us with the correct, accurate,
and updated information. These will be handled in accordance with the Privacy Policy statement
posted on our website.
- h) Third-Party Integrations: The platform may include integrations with third-party
services, such as Stripe for payment processing. Users must comply with the terms of use for these
third-party services and acknowledge that TOPIKS is not responsible for any issues arising from the
use of third-party platforms.
6. PROHIBITED USES
- a) Illegal Activities: Users are prohibited from using the platform to engage in
any unlawful activities, including but not limited to fraud, money laundering, identity theft, or
the distribution of illegal content. Any such use will result in immediate termination of your
account and may be reported to the appropriate authorities.
- b) Harassment and Abuse: Harassing, bullying, or abusing other users in any form is
strictly prohibited. This includes offensive language, threats, personal attacks, or any behavior
intended to intimidate, harm, or humiliate another user. Users must interact respectfully and in
accordance with the platform's Community Guidelines.
- c) Inappropriate Content: Users are not permitted to post or share content that is
obscene, defamatory, offensive, hateful, violent, or otherwise inappropriate. This includes any
content that promotes discrimination based on race, religion, gender, sexual orientation, age, or
disability. All content must comply with the platform's standards as outlined in the Community
Guidelines.
- d) Spam and Unsolicited Messages: Users are prohibited from sending unsolicited
messages, advertisements, or promotions (spam) to other users. This includes using the platform to
promote external businesses or services in a way that violates the platform's intended use.
- e) Impersonation: Users must not impersonate any individual, organization, or
entity, or falsely claim an affiliation with any person or organization. Using fake identities to
deceive others is strictly prohibited.
- f) Data Scraping and Harvesting: Users are not allowed to use automated tools or
techniques to scrape or collect data from the platform, including user profiles, discussions, or
business data, without the express consent of TOPIKS. Unauthorized data harvesting or scraping may
lead to account suspension and legal action.
- g) Unauthorized Access: Attempting to gain unauthorized access to another user's
account, the platform's systems, or any private or restricted areas of the platform is strictly
prohibited. Users must not attempt to hack, bypass security measures, or exploit any vulnerabilities
in the platform.
- h) Malware and Viruses: Users are prohibited from uploading, posting, or
distributing any files or content that contain viruses, malware, spyware, or any other harmful
software that could damage the platform or disrupt its operation.
- i) Circumventing Security Features: Users must not attempt to circumvent or
interfere with the platform’s security measures, including those designed to prevent unauthorized
copying, sharing, or distribution of content.
- j) Manipulation of Content or Ratings: Users are not allowed to manipulate
discussions, ratings, or reviews through artificial means, such as creating multiple accounts or
coordinating votes or likes in a way that distorts the intended user feedback.
- k) Commercial Exploitation of Personal Accounts: Users with personal accounts are
prohibited from using the platform for unauthorized commercial activities, including selling
products, services, or advertising, unless permitted by their account type or under a business
account.
- l) Violations of Intellectual Property Rights: Users must not upload, post, or
share content that infringes upon the intellectual property rights of others, including copyrights,
trademarks, patents, or trade secrets. Any claims of intellectual property infringement will be
addressed as outlined in the Intellectual Property Infringement Claims Notice.
- m) Unauthorized Advertising: Business users must follow all platform advertising
guidelines, and any form of unauthorized or misleading advertising is prohibited. This includes
bidding on irrelevant keywords or engaging in deceptive marketing practices.
- n) Abuse of Reporting Features: Misusing the "Report User" or "Report Content"
features to target or harass other users or to flag legitimate content without valid reason is
strictly prohibited. Such misuse may result in suspension or termination of your account.
7. GURU BADGE
Earning the GURU Badge: The GURU badge is awarded to users who reach 200 points through
their interactions and contributions on the platform. Points are accumulated by creating engaging
topics, receiving likes, and generating "Hot Chat" interactions. The GURU badge recognizes users who are
influential and active within the community.
Point System:
- Posting Hot Chat Topics: If you create a topic that becomes a “Hot Chat” 3 times in
the same main category of topics, you will earn 20 points toward your GURU status. A topic becomes
"Hot Chat" when it garners significant engagement from other users, such as likes and replies.
- Receiving Hot Chat Replies: If a reply you make in any discussion becomes part of a
“Hot Chat”, you earn 30 points toward the GURU badge.
- Full Ratings: Users can earn 20 points by receiving a full rating from peers for
their contribution to discussions and community interaction.
- Peer Follows: You can also acumilate points when other users follow you. Erning 500 followers grant you 10 points. 1500 followers add another 20 points, and 3000 followers provide an aditional 30 points
- Losing GURU Points: You can lose 20 points towards Guru if you get more dislikes than likes on any reply/comment on a topic
in the category that you earned the points from.
Benefits of the GURU Badge:
- Account Discount: Users with the GURU badge receive a 5% discount on their premium
account subscription. This discount can be stacked, meaning users can increase their discount
through additional achievements up to 100%, effectively allowing for a free premium account if the
maximum discount is achieved.
- Community Influence: Gurus hold influence within the platform, and their topics and
replies are often highlighted and more visible to other users. This provides Gurus with a greater
reach and engagement.
- Collaboration Opportunities with Businesses: Businesses can contact Gurus to
collaborate on promotional content, where a Guru may create or respond to topics that align with the
business’s objectives. Gurus can be hired by businesses to promote products, respond to discussions,
or create content that generates attention and interest in a particular business or industry.
Losing GURU Points:
The GURU badge is a reflection of a user’s ongoing engagement and contribution to the community. If a
user’s content receives more "dislikes" than likes on a reply, they will lose 20 points. Maintaining a
positive influence is essential to retaining GURU status.
Point Adjustments:
Users may have their GURU points adjusted for engaging in prohibited or harmful activities, such as spam
or inappropriate behavior. Points can also be lost if community guidelines are violated or if negative
feedback is consistently received.
Maintaining GURU Status:
To maintain GURU status, users must continue to contribute positively to the community. The badge is
subject to removal if a user consistently engages in behavior that is against the platform’s standards
or if their points fall below the required 200-point threshold due to point deductions.
8. ADVERTISING FEATURES FOR BUSINESSES
- a) Keyword Bidding: Businesses with premium or ultimate accounts can participate in
keyword bidding, allowing them to display targeted advertisements when specific keywords are
mentioned in user discussions. By bidding on keywords relevant to their industry, businesses can
ensure that their ads appear when those keywords are discussed, increasing visibility and
engagement.
- b) Ad Placement: Ads will be displayed within discussions, on user feeds, or
alongside relevant topics. The placement of ads is determined by the platform based on user
interactions and keyword relevance. Businesses must ensure that their ads are appropriate, clear,
and comply with the platform’s advertising guidelines.
- c) Ad Content: All advertisements must be truthful, non-deceptive, and respectful
of the community. Businesses are prohibited from using misleading claims, offensive content, or any
material that violates local laws or platform guidelines. The platform reserves the right to reject
or remove any ads that do not comply with these standards.
- d) Data Insights and Reports: Business accounts have access to data analytics that
provide insights into user interactions with their advertisements. These insights may include the
number of views, clicks, and engagements with specific ads or topics. Businesses can use this data
to refine their advertising strategies and better target their audience.
- e) Guru Partnerships: Businesses may collaborate with Gurus (highly engaged users
with influence on the platform) to promote their products or services. Businesses can reach out to
Gurus through the platform to negotiate agreements for posting topics or responding to discussions
in ways that align with the business’s objectives. Gurus can use their influence to create hype or
dispel misconceptions about the business or its products.
- f) Ad Performance Tracking: Businesses can monitor the performance of their keyword
bids and ads in real-time. The platform provides detailed statistics on how well certain ads are
performing in relation to the targeted keywords. Businesses can adjust their bids or ad strategies
based on this data to improve their return on investment.
- g) Premium and Ultimate Business Features: Business Premium and Business Ultimate
accounts come with additional advertising tools, such as increased keyword bid limits, more detailed
analytics, and the ability to download chat data related to their topics. Businesses using the
Ultimate account also receive a 15% discount on the keyword bidding pool and can access enhanced
targeting options.
- h) Compliance with Local Advertising Laws: Businesses are responsible for ensuring
that all advertisements comply with applicable laws and regulations in their jurisdiction. This
includes adhering to local advertising standards, privacy laws, and any regulations related to
digital marketing.
- i) Misuse of Advertising Features: Businesses are prohibited from bidding on
irrelevant or deceptive keywords, using misleading advertising practices, or otherwise manipulating
the platform’s advertising system. Any misuse of the advertising features may result in the
suspension or termination of the business account, as well as the removal of non-compliant
advertisements.
- j) Advertising Transparency: Businesses must clearly disclose any sponsored content
or paid partnerships with Gurus. Any collaborations or promotions must be transparent to the users,
and businesses are responsible for ensuring that the ads and content meet the platform’s
transparency requirements.
- k) Ad Removal: The platform reserves the right to remove any advertisements that
violate these Terms or do not meet the platform’s content standards. Businesses may be notified of
ad removals and provided with guidance on how to adjust their ads to comply with the guidelines.
9. CONTENT POSTING AND USAGE
- a) User-Generated Content: Users, whether personal or business, can post topics,
comments, images, videos, and other content on the platform. By posting content, you retain
ownership of your content but grant the platform a worldwide, non-exclusive, royalty-free license to
use, display, distribute, and promote your content within the platform. This license allows the
platform to operate and improve its services while ensuring users can interact with your content.
- b) Responsibility for Content: You are solely responsible for the content you post
on the platform. This includes ensuring that your content is accurate, lawful, and does not violate
any third-party rights, including intellectual property rights. You agree not to post content that
is misleading, harmful, defamatory, or otherwise violates these Terms or the platform's Community
Guidelines.
- c) Business-Generated Content: Businesses are permitted to post topics,
advertisements, and other promotional materials as part of their business activities on the
platform. All business-generated content must be truthful, non-deceptive, and relevant to the target
audience.
- d) Prohibited Content: Users are prohibited from posting any content that is
illegal, obscene, offensive, violent, discriminatory, or violates intellectual property rights. This
includes content that promotes hate speech, violence, harassment, or any activity that would harm
the community. Users must also refrain from sharing or linking to malicious content such as viruses
or malware.
- e) Use of Content by the Platform: The platform reserves the right to review,
moderate, or remove any content that violates these Terms, the Community Guidelines, or any
applicable laws. This includes content reported by other users or flagged by the platform’s
automated systems. In cases where content is removed, users may be notified of the reason, and
repeated violations may result in account suspension or termination.
- f) Comments and Replies: Users are encouraged to participate in discussions by
commenting on topics and replying to other users' comments. All comments must be respectful,
relevant, and in line with the platform’s guidelines. Users must avoid posting inflammatory or
harmful comments that disrupt the platform’s community environment.
- g) Intellectual Property Rights: You must ensure that any content you post does not
infringe upon the intellectual property rights of others. If you use third-party content (such as
images or articles), you must have the proper rights or licenses to do so. The platform will respond
to any claims of copyright infringement as outlined in the Intellectual Property Infringement Claims
Notice.
- h) Editing or Deleting Content: You may edit or delete your own content at any
time, subject to any platform limitations. However, once content has been interacted with (e.g.,
comments, replies, or sharing), it may remain available in certain forms, such as quoted replies or
shared posts, even after deletion.
- i) Reporting Content: If you come across content that violates these Terms or the
Community Guidelines, you are encouraged to use the platform’s “Report Content” feature. The
platform will review reported content and take appropriate action, which may include removal or user
suspension.
- j) Liability for Posted Content: While the platform moderates content, users remain
fully liable for the content they post. This includes any legal claims that arise from your content,
such as defamation or intellectual property infringement. The platform is not responsible for
content posted by users and assumes no liability for any disputes that may arise.
10. TOPIKS OWNERSHIP RIGHTS
- a) Platform Ownership: The platform, including all software, design, text,
graphics, logos, trademarks, and other elements that make up the platform, is owned and operated by
TOPIKS. All rights, titles, and interests in the platform, including any intellectual property
rights, are the exclusive property of TOPIKS. You do not acquire any ownership rights to the
platform by using it, except for the limited license to use the platform as outlined in these Terms.
- b) Content Ownership: While users retain ownership of the content they create and
post on the platform, TOPIKS retains ownership of all the platform’s features and functionalities.
This includes the interface, code, and underlying technology that powers the platform, as well as
any enhancements, updates, or modifications made to the platform.
- c) License to Use the Platform: By agreeing to these Terms, TOPIKS grants you a
limited, non-exclusive, revocable license to use the platform for personal or business purposes,
depending on your account type. This license is solely for your use of the platform as intended
under these Terms and does not include any rights to redistribute, copy, modify, or create
derivative works of any part of the platform.
- d) Feedback and Suggestions: Any feedback, suggestions, or ideas you submit to
TOPIKS regarding improvements to the platform may be used by TOPIKS without any obligation to
compensate you. By submitting such feedback, you grant TOPIKS the rights to use, modify, and
incorporate your suggestions into the platform or any other products and services they may offer.
11. SUBSCRIPTION AND BILLING
- a) Subscription Plans: TOPIKS offers several subscription plans for both users and
businesses, including free, premium, and business premium/ultimate accounts. Each plan is designed
to offer specific features and access levels based on your personal or business needs. By choosing
and subscribing to a premium or business account, you agree to pay the associated fees for the
chosen subscription and accept the recurring billing terms outlined in this section.
- b) Automatic Renewal: All paid subscriptions renew automatically at the end of each
billing cycle (monthly or annually, depending on your chosen plan). Your payment method will be
charged the applicable subscription fee on the renewal date unless you cancel your subscription
before the next billing cycle. You can manage your subscription renewal settings through your
account's "Subscription Management" section.
- c) Payment Methods: TOPIKS accepts payments through secure third-party payment
processors, such as Stripe. You are responsible for providing accurate and up-to-date billing
information to ensure successful processing of your payments. If a payment fails due to incorrect
information or insufficient funds, your access to premium or business features may be suspended
until payment is completed.
- d) Refunds: All subscription fees are non-refundable once paid, and no refunds will
be issued for unused portions of the subscription. This includes situations where the subscription
is cancelled before the end of the billing period. For more details on cancellations, please refer
to our Cancellation & Refund Policy.
- e) Subscription Upgrades and Downgrades: If you upgrade or downgrade your
subscription plan, the changes will take effect at the start of the next billing cycle. Any changes
in fees resulting from upgrades or downgrades will be reflected in your next billing statement.
12. PRIVACY
In order to see what personal and non-personal information we collect and how we use or store or share
the same, please refer to the detailed Privacy Policy statement available on our website.
13. THIRD PARTY LINKS
The Topiks website may contain links to third-party websites or services that are not owned or controlled
by Topiks. These links are provided for your convenience to provide further information. They do not
signify that we endorse the website(s). We have no control over, and assume no responsibility for, the
content, privacy policies, or practices of any third-party websites or services. You shall use all
third-party links at your own risk, and should apply a suitable level of caution and discretion in doing
so. Whenever you click on such links, you may be taken to such a third-party website, and you get out of
the jurisdiction of our website. Therefore, you shall be governed by the legal policies of such
third-party websites and we suggest that you read those policies. In case of any damage due to such
action of third-party links or inaccuracy of content or wrong information, Topiks shall not be
responsible.
14. DISCLAIMER OF WARRANTIES
- a) As is: The TOPIKS platform, including all services, features, content, and
information provided through it, is offered on an "as is" and "as available" basis. We make no
representations or warranties of any kind, express or implied, regarding the platform’s operation,
availability, or the accuracy of the content provided by users, businesses, or third parties. To the
fullest extent permitted by law, we disclaim all warranties, including but not limited to implied
warranties of merchantability, fitness for a particular purpose, and non-infringement.
- b) No Guarantee of Availability: We do not guarantee that the platform will always
be available, uninterrupted, secure, or error-free. There may be times when the platform is
unavailable due to technical issues, maintenance, or factors beyond our control. We are not
responsible for any losses or inconvenience caused by any interruptions, downtime, or inability to
access the platform.
- c) User-Generated Content: We do not endorse or take responsibility for the
accuracy, reliability, or legality of user-generated content. The platform acts as a venue for users
to post, share, and discuss topics, but we do not verify or monitor the content for accuracy or
compliance with the law. You use the platform at your own risk and are solely responsible for
evaluating the information provided by other users or businesses.
- d) Business Interactions: Any agreements, transactions, or interactions between
users and businesses on the platform are strictly between those parties. We do not verify or
guarantee the validity, quality, or safety of any products, services, or agreements made between
businesses and users. TOPIKS is not responsible for any damages, losses, or disputes arising from
business dealings, including those involving Gurus.
- e) Platform Functionality: While we strive to provide a reliable and functional
platform, we cannot guarantee that all features, including keyword bidding, chat functions, or the
Guru badge system, will function as intended at all times. Bugs, errors, or misconfigurations may
occur, and we disclaim any responsibility for any resulting issues, including lost points, failed
advertisements, or missed communications.
- f) Security and Privacy: While we make reasonable efforts to protect your personal
information and ensure a secure environment, we do not guarantee the platform is immune to hacking,
data breaches, or unauthorized access. Any use of third-party services, including Stripe for payment
processing, is subject to the terms and conditions of those services, and TOPIKS is not responsible
for any security issues that may arise from their use.
- g) Third-Party Links and Services: The platform may include links or integrations
with third-party websites, services, or content. We do not endorse or guarantee the accuracy,
legality, or reliability of these third-party services, nor do we accept any responsibility for
issues arising from your use of them. Accessing third-party services is at your own risk.
- h) Loss of Data or Content: We are not responsible for any loss of data, content,
or points due to platform errors, user actions, or technical failures. Users are encouraged to back
up any content they wish to keep, as we cannot guarantee the long-term preservation or availability
of any content posted to the platform.
- i) No Warranty for Results: We do not guarantee that the platform will produce any
specific outcomes or results, including generating business leads, increasing engagement, or gaining
followers. The success of your use of the platform depends on various factors beyond our control,
and you assume all risks associated with using the platform for personal or business purposes.
- j) Changes to the Platform: We reserve the right to modify, suspend, or discontinue
any part of the platform, including features, services, or pricing, at any time without notice. We
are not liable for any consequences or losses that result from such changes or the discontinuation
of services.
15. LIMITATION OF LIABILITY
To the fullest extent permitted by law, TOPIKS PTY LTD, its affiliates, officers, directors, employees,
agents, and licensors will not be liable for any indirect, incidental, special, consequential, or
punitive damages, including but not limited to loss of profits, data, goodwill, or any other intangible
losses, arising out of or in connection with your use of, or inability to use, the platform. This
includes any errors, omissions, interruptions, defects, delays in operation or transmission,
unauthorized access to or alteration of your content or account, or any other issues related to the
platform. In no event will our total liability to you for all claims arising from or related to your use
of the platform exceed the amount you have paid to TOPIKS PTY LTD in the past twelve months for any
services or subscriptions, or $100 if no payments have been made. This limitation applies regardless of
the form of action, whether based on contract, tort, negligence, strict liability, or otherwise.
16. DEFAMATION
If you are found to be degrading, tarnishing, maligning the image, goodwill, or reputation of Topiks, by
spreading hate, insulting, false, fake reviews, or engaging in mala fide actions against the above,
strong legal actions will be taken immediately.
17. INDEMNIFICATION
You agree to indemnify, defend, and hold harmless TOPIKS PTY LTD, its affiliates, officers, directors,
employees, agents, and licensors from and against any and all claims, liabilities, damages, losses,
costs, and expenses, including reasonable legal counsel’s fees, arising out of or in any way connected
with your use of the platform, your violation of these Terms, your violation of any rights of another
(including but not limited to intellectual property or privacy rights), or your breach of any applicable
laws or regulations. This indemnification obligation extends to any claims or disputes arising from the
content you post, your interactions with other users or businesses, any agreements or transactions you
enter into on or through the platform, or any unauthorized access to or use of your account. We reserve
the right to assume the exclusive defense and control of any matter otherwise subject to indemnification
by you, and you agree to cooperate fully with our defense of such claims.
18. GOVERNING LAW AND DISPUTE RESOLUTION
- a) Governing Law: This Agreement shall be governed by and construed in accordance
with the laws of the State of New South Wales (Australia), without regard to its conflict of law
principles.
- b) Negotiation and Informal Resolution: In the event of any dispute, controversy,
or claim arising out of or relating to this Agreement, the user and the Company hereby agree to
first attempt to resolve the matter through good faith negotiations and discussions.
- c) Judicial Action: If amicable resolution is not reached despite attempts, in that
case either the user or the Company may initiate legal proceedings in the appropriate court located
in Dapto, Australia.
- d) No Class Actions: You agree that any dispute resolution will be conducted on an
individual basis and not as part of a class, consolidated, or representative action. You hereby
waive your right to participate in any class action or collective lawsuit against TOPIKS PTY LTD.
This waiver is essential to these Terms.
- e) Jury Trial: You agree to waive any right to a trial by jury in any dispute or
legal action related to your use of the platform, these Terms, or any other dealings with TOPIKS PTY
LTD.
- f) Legal Counsel / Attorneys' Fees: In the event of any legal action arising from
or related to this Agreement, the prevailing party shall be entitled to recover reasonable legal
counsel / attorneys' fees and costs.
- g) No Waiver of Rights: The pursuit of legal action shall not be construed as a
waiver of any rights or remedies available under this Agreement.
- h) Continuation of Service: Pending the resolution of any dispute, the user agrees
to continue abiding by the terms of this Agreement that are not the subject of the dispute.
- i) Rights Unaffected: Nothing mentioned in this Section shall affect the rights of
the Parties to seek any relief of an urgent nature.
19. DISPUTES AMONGST USERS
- a) Resolution Between Users: TOPIKS encourages users to resolve disputes between
themselves amicably. The platform provides various tools for communication and interaction, but any
disagreements, misunderstandings, or conflicts between users should be handled directly between the
involved parties. TOPIKS is not responsible for mediating or resolving such disputes unless they
involve violations of the platform's Terms or Community Guidelines.
- b) Reporting Violations: If a dispute arises due to behavior that violates the
platform’s Terms of Service or Community Guidelines, such as harassment, abuse, or inappropriate
content, users can report the issue using the "Report User" or "Report Content" features. TOPIKS
will review the report and take appropriate action, which may include warnings, content removal, or
account suspension.
- c) Platform Involvement: TOPIKS does not actively monitor user interactions and
will not intervene in disputes that do not violate the platform’s rules. Any disputes related to
personal, commercial, or other matters that occur outside of the platform are not the responsibility
of TOPIKS.
- d) Business and Guru Agreements: If a dispute arises between a business and a Guru
regarding their collaboration, TOPIKS will not be responsible for enforcing any agreements or
resolving any disagreements that occur. Any business arrangements, including payments and content
obligations, are the sole responsibility of the parties involved.
- e) No Liability for Off-Platform Interactions: TOPIKS is not responsible for any
issues, disputes, or damages that result from interactions or agreements between users that occur
outside the platform. This includes any communication or transactions that take place after users
have accessed contact information through the platform.
20. NOTICES
When you use the website or send emails to Topiks, you are communicating with us electronically. You
consent to receive physically or electronically any communications related to your use of this website.
Topiks will communicate with you by email or by posting notices on this website. You agree that all
agreements, notices, disclosures, and other communications that are provided to you electronically
satisfy any legal requirement that such communications be in writing. We may give notice by means of a
general notice via electronic mail to your email address as available with us. If you want to give a
notice to us, you can do so by dropping an electronic mail to feedback@topiks.co.
21. GENERAL PROVISIONS
- i. Language: The Terms of Service, along with all policies and documents referenced
herein, are originally drafted in English. Any translations of these documents into other languages
are provided for your convenience only. In the event of any discrepancies or conflicts between the
English version and any translations, the English version shall prevail and be considered definitive
and authoritative. We encourage users who are not proficient in English to seek appropriate
translation or legal support to fully understand these terms.
- ii. Independent Legal Advice: It is your obligation to obtain independent legal
advice at your own expense to ensure you understand the provisions of these Terms.
- iii. Headings: The section headings are for convenience only and shall not control
or affect the meaning or construction of any provision of these Terms.
- iv. Breach: TOPIKS reserves the right to suspend, restrict, or terminate your
account if it is found that you do not meet the eligibility requirements, violate these Terms, or
engage in fraudulent or prohibited activities. In such cases, you will not be entitled to any
refunds, and TOPIKS may take legal action if necessary.
- v. Severability: If any provision of these Terms is held to be unenforceable or
invalid, such provision will be changed and interpreted to accomplish the objectives of such
provision to the greatest extent possible under applicable law and the remaining provisions of these
Terms will continue in full force and effect.
- vi. Waiver: Our failure to insist on or enforce strict performance of these Terms
of Service shall not be construed as a waiver by us of any provision or any right that we have to
enforce these Terms.
- vii. Survival: Notwithstanding any other provisions of these Terms of Service, or
any general legal principles to the contrary, any provision of these Terms of Service that imposes
or contemplates continuing obligations on either party shall survive the expiration or termination
of these Terms of Service, for any reason whatsoever.
- viii. No Third-Party Beneficiaries: Except as otherwise expressly provided in these
Terms of Service, there shall be no third-party beneficiaries to these Terms of Service.
- ix. No Assignment: You may not assign these Terms of Service (or any rights,
benefits, or obligations hereunder) by operation of law or otherwise without the prior written
consent of Topiks, which may be withheld at Topiks’ sole discretion. Any attempted assignment that
does not comply with these Terms of Service shall be null and void.
- x. Entire Agreement: The Terms, Community Guidelines, Cookie Policy, Privacy
Policy, Cancellation & Refund Policy, together with any additional terms and conditions incorporated
herein or referred to herein constitute the entire Agreement between Topiks and you, relating to the
subject matter hereof, and supersedes any prior understanding or agreements (whether oral or
written) regarding the subject matter, and may not be amended or modified except in writing or by
making such amendments or modifications available on our website.
- xi. Force Majeure: Topiks and its third-party service providers will be excused
from performance for any period during which, and to the extent that, such party or any
subcontractor is prevented from performing any obligation or service, in whole or in part, as a
result of causes beyond its reasonable control, and without its fault or negligence, including
without limitation, acts of God, communication line failures, technical issues, bugs, errors, power
failures and/or similar inabilities.
- xii. Updates to these Terms: We may add to or change or update these Terms at any
time, from time to time, entirely at our own discretion, with or without any prior written notice.
You are responsible for checking these Terms periodically. Your use of the Site or our Services
after any amendments to the Terms shall constitute your acceptance to such amendments.
22. GRIEVANCE OFFICER/DESIGNATED REPRESENTATIVE
In the event you have any grievance regarding anything related to these Terms, or with any content or
service of Topiks, you may freely write your concerns to the Grievance Officer/Designated Representative
at the below:
- Name: John Meurer
- Email: feedback@topiks.co
- Postal: 5/58 Beltana Avenue, Dapto NSW 2530 Australia
23. FEEDBACK AND INFORMATION
We welcome your questions or comments regarding the Terms. You can write to us via email: feedback@topiks.co.
Last updated on September 17, 2024.