Version: 1 April 2024

Welcome to Topicks! Topicks is a social media company that helps people express experiences, learn and find Topics they like.  Topicks Pty Ltd, (Topicks, we, our or us) owns and operates the application for use on mobile devices called “Topicks” and related website www.topicks.au (collectively referred to as Site).

The following Terms of Use ("Terms") govern your use of the Application. By accessing or using the Application (App), you agree to be bound by these Terms. If you do not agree to these Terms, please refrain from using the Application. By logging onto the community and activating your profile, you are considered to be in agreement with the terms and conditions detailed in the document.

The Community guidelines and terms and conditions of use are important to keep users safe and create a fun, respectful online environment. These guidelines apply to all areas of Topicks including usernames, profile pictures, comments, bios, submitted topicks, and messaging. We will take action when we see someone violating these guidelines. Terms are legally binding on you. You must read these Terms carefully before your use of the Site.

All Products are made available to you only for your personal, non-commercial use.

1: Access to Services

All information, text, material, images, graphics, software and advertisements on the Site (Material) are copyright.

• You must not use the Site trade marks, logos or other materials for any purpose without the prior written consent of Topicks

• You are at least 13 years old and over the minimum age required by the laws of your country of residence to access and use the Services.

• You have not been permanently suspended or removed from the Services

• We may offer additional Services that require you to be older to use them, so please read all notices and any Additional Terms carefully when you access the Services.

• Topicks reserves the right to close any of its social media presences, for any reason, without notice.

• Social media services may occasionally be unavailable and Topicks accepts no responsibility for lack of response due to network failure. 

2:  User Conduct

You must use the Application in compliance with applicable laws and regulations. You are solely responsible for your activities on the Application.

When responding to a question or topic, you must ensure that your content remains relevant and related to the given topic. Irrelevant or off-topic content may be removed at our discretion.

You must not post any images, photographs, or visual content on the Application that breaches the types of content not allowed. The Application is offered in the English language only current and other languages may be removed at the discretion of Topicks. 

Topicks uses social follow options and sharing buttons. These buttons enable visits to easily share content via social media presences or bookmark content through social bookmarking services. Please use these features appropriately.

You agree not to engage in any activities that may disrupt or interfere with the proper functioning of the Application, including but not limited to hacking, introducing malware, or any other malicious activities.

Please adhere to the following conduct when using the App;

1.        Respect the opinions and stories of others.

2.      Understand the diversity of Topicks as a worldwide platform

3.      Limit swear language and profanities

4.      Ensure comments are relevant and stay on Topic

5.      Be tolerant towards other's viewpoints

6.      Communicate with courtesy and respect

7.       Topicks is Apolitical meaning that political matters, opinions or expressions will be deleted.

8.      Topicks is secluar meaning it is not affiliated with a church or faith. Radical or controversial religious comments will be deleted.

2.1 Type of Content not allowed;

• Promotion or encouragement of harmful behaviour

• Post/comments or transmit charity requests, petitions for signature, chain letters or letters relating to pyramid schemes; and/or

• Content sexual in nature including gore or glorification, sexual assault, rape, pedophilia, incest, bestiality or non-consensual or abusive portrayals.

• Selling, sharing or promoting pornography or illegal behaviour.

• Sexual content about a minor or roleplaying a minor.

• Vile or sexual comments.

• Irrelevant or excessively long material. 

• material that contains malicious code 

• material that would give rise to a violation of civil liabilities or is otherwise illegal or unlawful, or encourages any conduct that would constitute a civil or criminal offence 

• material that is: obscene or explicit; defamatory; or that vilifies or discriminates against any particular gender, religion, sexual preference, age, disability, marital or domestic status, race/ethnicity, criminal record or political opinion.

• material with the potential to affect national security, Topicks or the Government of your jurisdiction.

• advertisements, including promotion or endorsement of any financial, commercial or non-government agency not endorsed or organised by the Topicks team.

• Topicks is an apolitical site and posts that are political in content and/or nature will be removed.      

• offensive, hateful, sexual or inappropriate to the Topic.

• Racial or discriminatory comments

• defamatory or otherwise illegal.

• that violates any copyright or intellectual property rights.

• could be considered to be spam.

• any confidential information that may cause a data breach.

• content that is misleading or deceptive.

• content that is intended to harass or bully others.

• content that is intended to solicit or promote any type of business or product.

• infringes any third party’s legal rights

• content that could be used to phish or scam others.

• content for commercial purposes

• threatening, violent or relates to self-harm.

• sexual in nature, vile or kink or inappropriate to minors.

• intentionally spreads misinformation

• incorrect or misleading advice to other Users

• information to solicits passwords or personal identifying information for commercial or unlawful purposes from other users

• users wishing serious harm, death or disease/illness upon others.

• do not post any content that promotes, encourages, coordinates or provides instructions for Suicide, Self-harm or any other harmful behaviour.

• content asking for medical advice about medication will be removed.

• content promoting any other harmful behaviours

• explicitly prohibit Child Sexual Abuse and Exploitation

2.3 Username Guidelines

Topicks has the right to ban or remove usernames that contain the following;

• Offensive or inappropriate language

• Profanity

• Hate speech

• Religious slurs or names

• Sexual innuendo

• Similar User names

• Trademarked names

• Famous/Celebrity names

• Trademark or breach intellectual property rights

• Impersonation of someone

• Names that may include defamation

• Child Sexual Abuse and Exploitation

2.4 Profile Pictures and User Profile Images Guidelines

We encourage that profile pictures and images on User profiles are appropriate for all ages and respectful to the diversity of the community.

Inappropriate pictures and images include;

• Offensive content

• Nudity or private parts (genitals, nipples, buttocks)

• Images only in underwear/bathers

• Hateful images, speech or slogans

• Violence or sexually explicit

• Child exploitation or nudity

• Offensive content

• Advertisement of product or services

• Promotion of commercial enterprise

• Portrayal of sexual acts

• Sex toys

• Pornographic cartoons

• Sexually suggestive poses or stances

• Famous/Celebrity names

• Trademark or breach intellectual property rights

• Impersonation of someone

• Pictures that are defamatory

• Child Sexual Abuse and Exploitation

3.  Intellectual Property Rights

The Application and its content, including but not limited to text, graphics, logos, button icons, images, audio clips, digital downloads, and software, are the property of Topicks or its licensors and are protected by copyright laws and other intellectual property rights. You may not reproduce, modify, distribute, display, perform, or otherwise use any part of the Application without the explicit written consent of Topicks.

4.  User Content

By posting content on the Application, you grant Topicks a non-exclusive, worldwide, royalty-free, perpetual, irrevocable, and sublicensable license to use, reproduce, modify, adapt, publish, translate, distribute, and display such content for the purposes of operating and promoting the Application

You retain all ownership rights to the content you post on the Application. However, by posting content, you represent and warrant that you have the necessary rights and permissions to grant the license described above.

Topicks reserves the right to remove or modify any user-generated content that violates these Terms of use or is deemed inappropriate, offensive, or illegal.

5. Privacy

Your privacy is important to us. Our Privacy Policy explains how we collect, use, and disclose your personal information. By using the Application, you consent to our collection, use, and disclosure of your personal information as described in the Privacy Policy. Social media sites are public spaces on the internet and interactions are publicly viewable and searchable over time. Topicks records any information posted to the social media account and uses that information for the purpose of administering its social media presence and considering and/or addressing any comments made.

6. Disclaimer of Warranties

The Application is provided on an "as is" and "as available" basis Topicks makes no representations or warranties of any kind, express or implied, regarding the operation or availability of the Application, its content, or its functionality.

7. Limitation of Liability

To the fullest extent permitted by applicable law, Topicks shall not be liable for any direct, indirect, incidental, special, or consequential damages arising out of or in connection with your use of the Application, including but not limited to any loss of data, revenue, or profits.

8.Use of Data

Except and solely to the extent such a restriction is impermissible under applicable law, you may not, without our written agreement:

• license, sell, transfer, assign, distribute, host, or otherwise commercially exploit the Services or Content;

• modify, prepare derivative works of, disassemble, decompile, or reverse engineer any part of the Services or Content; or

• access the Services or Content in order to build a similar or competitive website, product, or service.

9.User Content Moderation

By commenting or posting on Topicks accounts, you accept that Topicks will moderate its social media accounts as far as possible, in accordance with the moderation policy.

This means that comments containing offensive keywords will be automatically censored and subject to moderation. While all other comments will be published automatically and reviewed by Topicks after publication to ensure compliance with these Terms of Use. Where inappropriate material is identified it will be removed from public view; however, it will be retained in the system. Comments that violate these Terms of Use will be removed or not published.

We encourage the dissemination and exchange of information provided on this website. Wherever a third party holds copyright in material presented on this website, the copyright remains with that party.  We have made all reasonable efforts to clearly label material where the copyright is owned by a third party ensure that the copyright owner has consented to this material being presented on this website.

10. Indemnification

You agree to indemnify, defend, and hold harmless Topicks, its affiliates, officers, directors, employees, agents, and licensors from and against any and all claims, liabilities, damages, losses, costs, or expenses, including reasonable attorneys' fees, arising out of or in connection with your use of the Application, violation of these Terms, or infringement of any third-party rights.

Topicks and it’s staff is not responsible for, and does not endorse the content user transmitted or posted on its social media pages by users and does not guarantee the accuracy, integrity or quality of the User Content.

Topicks and its staff accept no liability whatsoever for any User Content provided on its social media pages, including, without limitation, in relation to the currency, accuracy or completeness of the User Content and disclaims all liability for any loss or damage which may arise from the use of User Content, provided on its social media pages. 

While Topicks reviews public comments on a regular basis, there may be times when inappropriate or offensive posts or comments that do not meet these Terms of Use appear before they can be removed. If an inappropriate comment is seen please report the comment through the ‘report ellipse button’ functionality to Topicks to address the issue appropriately.

The inclusion of any link (or share) does not imply endorsement or a recommendation of any material on those sites, or of any third party products or services offered by, from or through those sites. Users of links provided by this website are responsible for being aware of which organisation is hosting the website they visit. 

11. Termination/Warning/ Suspension, Ban, Deletion

Topicks reserves the right to suspend, restrict, or terminate your access to the Application at any time and for any reason without prior notice or liability. Upon termination, all provisions of these Terms which, by their nature, should survive termination, including but not limited to all Sections detailed above.

Users who breach our Community Guidelines may have their account temporarily suspended, banned or deleted. Moderation action depends on the severity of the infraction and whether the user is a repeat offender.

If you believe you have been wrongfully suspended or deleted, you have the right to appeal.  Please reach out via email to hello@topicks.au and provide information to appeal your suspension or deletion.

12. Modifications / Severability

Topicks reserves the right to modify or update these Terms at any time without prior notice. Any changes will be effective immediately upon posting on the Application. Your continued use of the Application after the posting of revised Terms constitutes your acceptance of such changes.

• We reserve the right to delete or remove any material submitted, or stored on our servers, or hosted or published upon our App/Website/Social media.

• We do not warrant the completeness or accuracy of the information published, nor do we commit to ensuring that the website remains available. 

• We will not be liable to you in respect of any losses arising out of any event or events beyond our reasonable control.

• We will not be liable to you in respect of any loss or corruption of any data, database or software

• We will not be liable to you in respect of any special, indirect or consequential loss or damage.

• Topicks reserves the right to suspend or block access to social media platforms without prior notice for any User who violates these Terms and Conditions of Use or infringes the rights of others. 

If any provision of these Terms is found to be invalid, illegal, or unenforceable, the remaining provisions shall continue in full force and effect.

13. Copyright

If you believe that your Content has been copied in a way that constitutes copyright infringement, please provide us with the following information at help@topicks.au:

• identification of the copyright work said to have been infringed;

• identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material;

• your contact information, including your address, telephone number and an email address;

• a statement by you that you have a good faith belief that use of the material in the manner complained of is not authorised by the copyright owner, its agent or the law; and

• a statement that the information in the notification is accurate, and that you are authorized to act on behalf of the copyright owner.

 14. Child Safety Standards

Child sexual abuse and exploitation (CSAE) include content or behavior that sexually exploits, abuses, or endangers children. This includes, for example, grooming a child for sexual exploitation, sextorting a child, trafficking of a child for sex, or otherwise sexually exploiting a child. CSAM consists of any visual depiction, including but not limited to photos, videos, and computer-generated imagery, involving the use of a minor engaging in sexually explicit conduct.

It is illegal and our Terms of Service prohibit using products and services to store or share this content detailed above.

Topicks Provide an In-app mechanism for user feedback and reporting of CSAM through the comment reporting functionality. Topicks agrees to take appropriate action to address CSAM, meaning it will act in accordance with relevant laws and will remove CSAM when you obtain actual knowledge of it in the app.

Any queries or reports can be made to;

Safety and Security Officer

Email: help@topicks.au

15. Agreement

These Terms constitute the entire agreement between you and Topicks regarding your use of the Application and supersede any prior agreements or understandings, whether oral or written. By using the Application, you acknowledge that you have read, understood, and agreed to these Terms of Use. If you do not agree to these Terms, please refrain from using the Application.