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Canva Community Fund Terms and Conditions

The Canva Community Fund Terms and Conditions (this "Agreement") is provided by Canva Pty Ltd (the "Company"). The Agreement is a legal document between you and the Company, and this Agreement covers your responsibilities as a Participant in the Program and our responsibilities to you. Please ensure you read and understand the entirety of this document, as well as have a lawyer's assistance if you desire, because each of the terms of this Agreement are important to our working relationship.

1. Definitions

For purposes of this Agreement, the following terms shall mean:

1.1 “Company”, “Us”, “We”: As we describe above, we’ll be referred to as the Company. Us, we, our, ours and other first-person pronouns will also refer to the Company, as well as all employees or legal agents of the Company.

1.2 “You”, the “Participant”: You will be referred to as the "Participant." You'll also be referred to throughout this Agreement with second-person pronouns such as “You”, “Your”, or “Yours”.

1.3 “Parties”: Collectively, the parties to this Agreement (the Company and You) will be referred to as "Parties" or individually as "Party."

1.4 “Canva Community Fund”, “Program”: The program we've set up for our Participants as further described in this Agreement.

1.5 “Community Fund Application”: the fully completed form which must be provided to us for consideration of your selection to the Program.

1.6 “Event”: the workshop, seminar, meetup, or conference that you will be hosting in connection with the Program.

1.7 “Funds”: the money paid by us to you under the Program.

2. Assent & Acceptance

2.1 By submitting a Community Fund Application, you warrant that you have read and reviewed this Agreement and that you agree to be bound by it. If you do not agree to be bound by this Agreement, please do not apply to the Canva Community Fund. This Agreement specifically incorporates by reference any Terms and Conditions, including, but not limited to, those governing the Company’s Affiliate and Verified Expert programs, Privacy Policy, License Agreements, and other applicable legal documents which we have on our website Canva.com(opens in a new tab or window). The failure by You to adhere to the Eligibility Criteria (Annex A) may result in the rejection of your application to participate in the Program or termination of your participation in the Program in the Company’s sole and unlimited discretion.

3. Age Restriction

3.1 You must be at least 18 (eighteen) years of age to join the Canva Community Fund. By submitting a Community Fund Application, you represent and warrant that you are at least 18 (eighteen) years of age and may legally agree to this Agreement. The Company assumes no responsibility or liability for any misrepresentation of your age.

4. Community Fund Application

4.1 In order to participate in the Canva Community Fund, you will first be asked to submit a Community Fund Application. The Community Fund Application may be found here(opens in a new tab or window). Submitting a Community Fund Application does not guarantee acceptance into the Program. We evaluate each and every application and are the sole and exclusive decision-makers on Program acceptance. We will notify you of the decision within four (4) to six (6) weeks via email.

4.2 We are not obligated to provide you with any explanation for your rejection, but please be advised we may reject applicants for any reason or manner, including, but not limited to, a website or social media page which violates our Acceptable Use Policy(opens in a new tab or window). NOTWITHSTANDING ANYTHING STATED OR IMPLIED TO THE CONTRARY, BY APPLYING TO BECOME A PARTICIPANT, YOU AGREE THAT THE COMPANY HAS AND RESERVES THE RIGHT AT ALL TIMES TO REJECT YOUR APPLICATION OR TERMINATE YOUR PARTICIPATION IN THE PROGRAM FOR ANY REASON, OR NO REASON, IN OUR SOLE AND UNLIMITED DISCRETION.

5. Non-exclusivity

5.1 This Agreement does not create an exclusive relationship between you and us. You are free to work with similar program providers in any category, unless otherwise specifically agreed to between you and us in writing. This Agreement imposes no restrictions on the Company to work with any individual or company we may choose.

6. Canva Community Fund

6.1 The Program is specifically designed to support the Company’s active Canvassadors and Experts by offering financial support for Participants’ local events and training sessions. Events can include, but are not limited to, Canva training sessions, community meetups, educational seminars, and professional development workshops.

6.2 The Community Fund Application must be submitted at least four (4) weeks in advance of the planned date of the Event.

6.3 The amount of Funds allocated to the Event will be based on several factors, including, but not limited to, the scope of the Event, estimated audience size, and projected costs. You are required to submit a detailed budget proposal with the Community Fund Application, which must outline expected expenses such as venue rental, equipment, catering, and promotional materials. Events with an expected audience of at least fifty (50) people are prioritized in the Program, although we reserve the right to modify that at any time at our discretion.

7. Compensation

7.1 Upon being selected as a Participant, we will pay you twenty-five percent (25%) of the Funds upfront with the remaining seventy-five percent (75%) to be reimbursed following the Event and your submission of all required documentation in complete and accurate form. All Program payments will be made to you via Tipalti. We may offer additional upfront payment of Funds to established Participants with a previously successful track record as a Company partner in our sole and unlimited discretion.

7.2 The Funds may only be used for costs directly related to the Event. If your budget for the Event changes materially prior to the Event, you must inform us in advance of the Event. In the event that you fail to do so, or in the event that you spend the Funds on costs not directly related to the Event, we may decline to reimburse you the additional seventy-five (75%) of the Funds or we may demand a refund of the twenty-five percent (25%) upfront payment of the Funds, or both, in our sole and unlimited discretion. Further, cancellation or significant postponement of the Event may result in revocation of Funds already paid in our sole and unlimited discretion.

7.3 To be entitled to the seventy-five percent (75%) reimbursement of the Funds, you must provide complete and accurate post-event reporting to us, which details actual costs of the Event. You must provide specific documentation, including, but not limited to, receipts, invoices, or a summary of expenses. Your failure to provide accurate and timely post-Event reporting and documentation may lead to revocation of previously paid Funds or ineligibility for future funding in our sole and unlimited discretion.

8. Tax Compliance

8.1 You agree that you shall be solely responsible for the accurate and timely calculation, reporting, and payment of any tax or other government revenue obligations or liabilities that arise from or are related to your participation in the Program, regardless of any reporting or other obligations we may bear by operation of law, or any performance of such obligations or lack of compliance thereof on our part.

8.2 You agree that you shall comply in a timely manner with any of our reasonable or necessary requests for information, documents, or data in connection with any of our taxation or similar responsibilities, and represent and warrant that all such information, documents, or data shall be true and complete.

9. Term, Termination & Suspension

9.1 The term of this Agreement will begin when we accept you into the Program as a Participant. It can be terminated by either party at any time, with or without cause, by providing written notice. Upon termination of this Agreement by either party, all Funds not yet paid are forfeited. If you fail to follow the terms of this Agreement, the Company’s Affiliate or Verified Expert programs, or any other legal terms we have posted anywhere on our website, you forfeit all rights under this Agreement, including the right to any remaining payment of Funds.

9.2 We specifically reserve the right to terminate this Agreement if you violate any of the terms outlined herein, including, but not limited to, violating the intellectual property rights of the Company or a third party, failing to comply with applicable laws or other legal obligations, or publishing or distributing illegal material.

9.3 At the termination of this Agreement, any provisions that would be expected to survive termination by their nature shall remain in full force and effect. Upon the termination of this Agreement for any reason, you will immediately cease use of all links to the Program site, all Trademarks and logos, together with all other materials provided by or on behalf of the Company in connection with the Program.

10. Intellectual Property

10.1 For the purposes of this Agreement, the term, "Trademark(s)" means all common law or registered trademarks, logos, service marks, trade names, Internet domain names, or other indications of origin now or in the future used by the Company. You agree that the intellectual property owned by the Company includes all copyrights, trademarks, trade secrets, patents, and other intellectual property belonging to the Company.

10.2 Nothing contained herein grants or shall be construed to grant you any rights to use any Trademark, except as specifically permitted by the Company for purposes of the Program. You acknowledge that the Company owns all right, title, and interest in and to its Trademarks. Your use of the Program, your participation in any Event, and any goodwill associated therewith shall at all times inure to the benefit of the Company.

10.3 You agree that you will not use our Trademarks in any manner that might tarnish, disparage, or reflect adversely on such Trademarks or the Company. Nor will you contest or otherwise challenge (e.g., in any legal action or otherwise), or assist or encourage any other person or entity to contest or challenge, the validity of any Trademarks or the Trademark rights claimed by the Company.

10.4 You may not use any Trademarks to market, promote or endorse the goods, services, or cause of any other individual or entity without our prior express permission in writing, signed by an authorized officer of the Company.

10.5 You hereby provide us a non-exclusive license to use your name, trademarks, and servicemarks if applicable and other business intellectual property to advertise the Program.

11. Modification

11.1 The Company may, from time to time and at any time, modify this Agreement in whole or in part. You agree that the Company has the right to modify this Agreement or revise anything contained herein. You further agree that all modifications to this Agreement are in full force and effect immediately upon posting on the Website and that modifications or variations will replace any prior version of this Agreement, unless prior versions are specifically referred to or incorporated into the latest modification or variation of this Agreement. If we update or replace the terms of this Agreement, we will let you know via electronic means, which may include an email. If you don't agree to the update or replacement, you can choose to terminate this Agreement as described below.

12. Relationship of the Parties

12.1 Nothing contained within this Agreement shall be construed to form any partnership, joint venture, agency, franchise, or employment relationship. You are an independent contractor of the Company and will remain so at all times.

13. Acceptable Use

13.1 You agree not to use the Program or our Company for any unlawful purpose or any purpose prohibited under the Company’s Acceptable Use Policy(opens in a new tab or window). You agree not to use the Program in any way that could damage our websites, products, services, or the general business of the Company.

13.2 You further agree not to use the Program or an Event: (i) to harass, abuse, or threaten others or otherwise violate any person's legal rights; (ii) to violate any intellectual property rights of the Company or any third party; (iii) to upload or otherwise disseminate any computer viruses or other software that may damage the property of another; (iv) to perpetrate any fraud; (v) to engage in or create any unlawful gambling, sweepstakes, or pyramid scheme; (vi) To publish or distribute any obscene or defamatory material; (vii) to publish or distribute any material that incites violence, hate, or discrimination towards any group; and (vii) to unlawfully gather information about others.

13.3 Failure by you to adhere to the Acceptable Use Policy or any other provision of this Section may result in your immediate termination from the Program in the Company’s sole and absolute discretion.

14. Indemnification

14.1 You agree to defend and indemnify the Company and any of its agents (if applicable) and hold us harmless against any and all legal claims and demands, including reasonable attorney's fees, which may arise from or relate to your use or misuse of the Program, your breach of this Agreement, any Event, or your conduct or actions. You agree that the Company shall be able to select its own legal counsel and may participate in its own defense if the Company wishes.

15. Entire Agreement

15.1 This Agreement constitutes the entire understanding between the Parties with respect to the Program. This Agreement supersedes and replaces all prior or contemporaneous agreements or understandings, written or oral.

16. Limitation on Liability

16.1 The Company is not liable for any damages that may occur to you as a result of your participation in the Program, to the fullest extent permitted by law. The maximum liability of the Company arising from or relating to this Agreement is limited One Hundred US Dollars ($100.00). This section applies to any and all claims by you, including, but not limited to, lost profits or revenues, consequential or punitive damages, negligence, strict liability, fraud, or torts of any kind.

17. Governing Law

17.1 This Agreement shall be governed by the laws of the State of California, without respect to its conflict of laws principles. The application of the United Nations Convention on Contracts for the International Sale of Goods is expressly excluded. You agree to submit to the personal jurisdiction of the federal and state courts located in Santa Clara County, California for any actions for which we retain the right to seek injunctive or other equitable relief in a court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation or violation of our copyrights, trademarks, trade secrets, patents, or other intellectual property or proprietary rights, as set forth in the Arbitration provision below.

18. Arbitration

18.1 For any dispute with the Company you agree to first engage in good faith negotiations and attempt to resolve the dispute with us informally. In the unlikely event that we have not been able to resolve a dispute we have with you after attempting to do so informally, we each agree to resolve any claim, dispute, or controversy (excluding any Company claims for injunctive or other equitable relief) arising out of or in connection with or relating to this Agreement, or the breach or alleged breach thereof (collectively, “Claims”), by binding arbitration by the American Arbitration Association (“AAA”) under the Commercial Arbitration Rules and Supplementary Procedures for Consumer Related Disputes then in effect for the AAA, except as provided herein. The arbitration will be conducted in Santa Clara County, California, unless you and the Company agree otherwise. Each party will be responsible for paying any AAA filing, administrative and arbitrator fees in accordance with AAA rules. The award rendered by the arbitrator shall include costs of arbitration, reasonable attorneys’ fees and reasonable costs for expert and other witnesses, and any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction.

18.2 Nothing in this Section shall prevent either party from seeking injunctive or other equitable relief from the courts as necessary to prevent the actual or threatened infringement, misappropriation, or violation of that party’s data security, Intellectual Property Rights, or other proprietary rights. All claims must be brought in the parties’ individual capacity, and not as a plaintiff or class member in any purported class or representative proceeding, and, unless we agree otherwise, the arbitrator may not consolidate more than one person’s claims. You agree that, by entering into this agreement, you and the Company are each waiving the right to a trial by jury or to participate in a class action.

19. Assignment

19.1 This Agreement, or the rights granted hereunder, may not be assigned, sold, leased, or otherwise transferred in whole or part by you. Should this Agreement, or the rights granted hereunder, by assigned, sold, leased, or otherwise transferred by the Company, the rights and liabilities of the Company will bind and inure to any assignees, administrators, successors, and executors.

20. Severability

20.1 If any part or sub-part of this Agreement is held invalid or unenforceable by a court of law or competent arbitrator, the remaining parts and sub-parts will be enforced to the maximum extent possible. In such condition, the remainder of this Agreement shall continue in full force.

21. No Waiver

21.1 In the event that we fail to enforce any provision of this Agreement, this shall not constitute a waiver of any future enforcement of that provision or of any other provision. Waiver of any part or sub-part of this Agreement will not constitute a waiver of any other part or sub-part.

22. Force Majeure

22.1 The Company is not liable for any failure to perform due to causes beyond its reasonable control including, but not limited to, acts of God, acts of civil authorities, acts of military authorities, riots, embargoes, acts of nature and natural disasters, and other acts which may be due to unforeseen circumstances.

Annex A: Canva Community Fund Eligibility Criteria

  1. You must be an active Canvassador or Expert. Your participation in the Program is, at all times, conditional upon maintaining this status and complying fully with the Terms and Conditions of the Company’s Affiliate or Verified Expert programs respectively.
  2. You must be at least eighteen (18) years of age.
  3. Your Event must be held in-person and in a public space, unless otherwise approved in writing by the Company.
  4. Your reputation or that of your Event may not, in any manner, tarnish, disparage, or reflect adversely on the Company and/or its Trademarks, or otherwise diminish our goodwill by reason of our association with you or your Event, including, but not limited to, your known involvement in, or promotion or facilitation of, activity that is unlawful, infringing, invasive, immoral, fraudulent, misleading, discriminatory, defamatory, obscene, abusive, violent, or otherwise offensive.