Terms & Conditions

Agreement to Our Legal Terms

We are Knife Fight Digital T/A Hyperfocus Creatives (“Company”, “we”, “us”, or “our”).

We operate the website hyperfocuscreatives.com.au (the “Site”), as well as any other related products and services that refer or link to these legal terms (collectively, the “Services”).

You can contact us by phone at (+61) 414 524 493, email at hello@hyperfocuscreatives.com.au, or by mail to 108A Royal Parade, Reservoir VIC 3073, Australia.

These Legal Terms constitute a legally binding agreement between you and Knife Fight Digital T/A Hyperfocus Creatives concerning your access to and use of the Services. By accessing the Services, you have read, understood, and agreed to be bound by all of these Legal Terms. IF YOU DO NOT AGREE WITH ALL OF THESE LEGAL TERMS, YOU MUST DISCONTINUE USE IMMEDIATELY.

We reserve the right to make changes to these Legal Terms at any time and for any reason. We will alert you about any changes by updating the “Last updated” date. Your continued use of the Services after any revised Legal Terms are posted constitutes acceptance of those changes.

The Services are intended for users who are at least 18 years old.

1. Our Services

The information provided when using the Services is not intended for distribution to or use by any person or entity in any jurisdiction where such distribution or use would be contrary to law or regulation. Those who access the Services from other locations do so on their own initiative and are solely responsible for compliance with local laws.

2. Intellectual Property Rights

We are the owner or licensee of all intellectual property rights in our Services, including all source code, databases, functionality, software, website designs, text, photographs, and graphics (collectively, the “Content”), as well as trademarks, service marks, and logos (the “Marks”).

Our Content and Marks are protected by copyright and trademark laws around the world.

Subject to your compliance with these Legal Terms, we grant you a non-exclusive, non-transferable, revocable licence to access the Services and download or print a copy of any portion of the Content for your personal, non-commercial use or internal business purpose only.

Any breach of these Intellectual Property Rights will constitute a material breach of our Legal Terms and your right to use our Services will terminate immediately.

3. User Representations

By using the Services, you represent and warrant that: (1) you have the legal capacity and agree to comply with these Legal Terms; (2) you are not a minor in the jurisdiction in which you reside; (3) you will not access the Services through automated or non-human means; (4) you will not use the Services for any illegal or unauthorised purpose; and (5) your use of the Services will not violate any applicable law or regulation.

4. Prohibited Activities

You may not access or use the Services for any purpose other than that for which we make the Services available. As a user of the Services, you agree not to:

• Systematically retrieve data or content from the Services to create a collection, database, or directory without written permission
• Trick, defraud, or mislead us or other users
• Circumvent, disable, or interfere with security-related features of the Services
• Disparage, tarnish, or otherwise harm us or the Services
• Use any information obtained from the Services to harass, abuse, or harm another person
• Use the Services in a manner inconsistent with any applicable laws or regulations
• Engage in unauthorised framing of or linking to the Services
• Upload or transmit viruses, Trojan horses, or other disruptive material
• Engage in any automated use of the system, including scripts, robots, or data mining tools
• Delete the copyright or other proprietary rights notice from any Content
• Attempt to impersonate another user or person
• Use the Services as part of any effort to compete with us

5. User Generated Contributions

The Services may provide you with the opportunity to create, submit, post, or transmit content and materials (“Contributions”). When you create or make available any Contributions, you represent and warrant that your Contributions do not infringe any third-party rights, are not false or misleading, and comply with all applicable laws.

6. Contribution Licence

By submitting suggestions or other feedback regarding the Services, you agree that we can use and share such feedback for any purpose without compensation to you. We do not assert ownership over your Contributions; you retain full ownership of all your Contributions and associated intellectual property rights.

7. Services Management

We reserve the right to: (1) monitor the Services for violations of these Legal Terms; (2) take appropriate legal action against anyone who violates the law or these Legal Terms; (3) refuse, restrict access to, or limit the availability of any Contributions; and (4) otherwise manage the Services in a manner designed to protect our rights and property.

8. Privacy Policy

We care about data privacy and security. Please review our Privacy Policy. By using the Services, you agree to be bound by our Privacy Policy. The Services are hosted in Australia. If you access the Services from any other region with laws governing personal data collection that differ from Australian law, you consent to have your data transferred to and processed in Australia.

9. Term and Termination

These Legal Terms shall remain in full force and effect while you use the Services. We reserve the right to deny access to and use of the Services to any person for any reason, including breach of these Legal Terms. If we terminate your access for any reason, you are prohibited from creating a new account.

10. Modifications and Interruptions

We reserve the right to change, modify, or remove the contents of the Services at any time without notice. We cannot guarantee the Services will be available at all times and will not be liable for any loss, damage, or inconvenience caused by inability to access the Services.

11. Governing Law

These Legal Terms shall be governed by and defined following the laws of Australia. Knife Fight Digital T/A Hyperfocus Creatives and yourself irrevocably consent that the courts of Australia shall have exclusive jurisdiction to resolve any dispute arising in connection with these Legal Terms.

12. Dispute Resolution

Informal Negotiations: The parties agree to first attempt to negotiate any Dispute informally for at least thirty (30) days before initiating arbitration.

Binding Arbitration: Any dispute arising out of or in connection with these Legal Terms shall be referred to and finally resolved by arbitration. The seat of arbitration shall be Melbourne, Australia. The language of proceedings shall be English. The governing law shall be the substantive law of Australia.

Restrictions: Any arbitration shall be limited to the Dispute between the parties individually. There is no right to arbitrate on a class-action basis.

13. Corrections

There may be information on the Services that contains typographical errors, inaccuracies, or omissions. We reserve the right to correct any errors and update the information on the Services at any time without prior notice.

14. Disclaimer

THE SERVICES ARE PROVIDED ON AN AS-IS AND AS-AVAILABLE BASIS. TO THE FULLEST EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE MAKE NO WARRANTIES ABOUT THE ACCURACY OR COMPLETENESS OF THE SERVICES’ CONTENT AND ASSUME NO LIABILITY FOR ANY ERRORS, PERSONAL INJURY, UNAUTHORISED ACCESS TO OUR SERVERS, OR INTERRUPTION OF TRANSMISSION.

15. Limitations of Liability

IN NO EVENT WILL WE OR OUR DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL, OR PUNITIVE DAMAGES ARISING FROM YOUR USE OF THE SERVICES. OUR LIABILITY TO YOU SHALL AT ALL TIMES BE LIMITED TO THE LESSER OF THE AMOUNT PAID BY YOU TO US OR $1,000 AUD.

16. Indemnification

You agree to defend, indemnify, and hold us harmless from and against any loss, damage, liability, claim, or demand arising out of: (1) use of the Services; (2) breach of these Legal Terms; (3) any breach of your representations and warranties; (4) your violation of the rights of a third party; or (5) any harmful act toward any other user of the Services.

17. User Data

We will maintain certain data that you transmit to the Services for the purpose of managing performance of the Services. You are solely responsible for all data that you transmit or that relates to any activity undertaken using the Services.

18. Electronic Communications, Transactions, and Signatures

Visiting the Services, sending us emails, and completing online forms constitute electronic communications. You consent to receive electronic communications and agree that all communications we provide electronically satisfy any legal requirement that such communication be in writing.

19. Miscellaneous

These Legal Terms constitute the entire agreement between you and us. If any provision of these Legal Terms is determined to be unlawful, void, or unenforceable, that provision is deemed severable and does not affect the validity of any remaining provisions. There is no joint venture, partnership, employment, or agency relationship created between you and us as a result of these Legal Terms.

20. Contact Us

Knife Fight Digital T/A Hyperfocus Creatives
108A Royal Parade, Reservoir VIC 3073, Australia
Phone: (+61) 414 524 493
Email: hello@hyperfocuscreatives.com.au
Website: hyperfocuscreatives.com.au