Terms & Conditions

Firstbase Business Terms and Conditions of Use

Effective Date: 05/10/2024

Applicable to Firstbase Business Portal and Advertising Services in Australia only.

Introduction

By accessing or using the Firstbase business portal or any Firstbase advertising and promotional services for businesses (collectively, our “Business Services” or “Services”), you agree to be bound by these Business Terms of Use (the “Terms” or “Agreement”). These Terms incorporate our Privacy Policy and Cookie Policy (and any other applicable guidelines or policies for business users that we may provide), so please read this entire Agreement and those additional policies carefully before creating a business account.

This Agreement is between you and Firstbase App Pty Ltd (“Firstbase,” “Company,” “we,” “us,” or “our”). “You” or “your” refers to the business, venue, or its authorized representative using our Business Services. By using our Business Services via our website (e.g., www.firstbase.com.au) or any other platform we provide, you acknowledge that you have read, understood, and agree to these Terms. If you do not agree to these Terms, do NOT access or use our Business Services.

Geographic Scope: Firstbase’s Business Services (including subscriptions for advertising on the Firstbase app) are currently available only in Australia. These Terms apply only to use of the Business Services within Australia.

We may update or amend these Terms from time to time. We will post any material changes here with a new effective date. In certain cases, we may also notify you of major changes via email or via the business portal. However, you are responsible for regularly checking for updates. Your continued use of our Business Services after changes are posted constitutes your acceptance of the revised Terms. If you do not accept a change in the Terms, you must stop using our Business Services and cancel any subscriptions immediately.

Account Eligibility & Business Responsibilities

Eligibility Requirements: In order to create a Firstbase business account and use our Services, you represent and warrant that all of the following are true:

Registered Business: You are a business or venue that is legally registered and operating in Australia. You have a valid business identifier (such as an ABN or ACN) if required under Australian law.
Authority: You have the legal authority to enter into this Agreement on behalf of the business or venue. If you are an individual signing up, you are an owner or authorized agent of the business with the power to bind the business to these Terms.
Legal Compliance: Neither you nor your business is prohibited by any applicable laws or regulations from using our Services. For example, you are not on any list of entities or persons with whom Australian businesses are forbidden to transact, and your business holds any licenses or permits required to operate.
No Prior Bans: You have not been previously removed or banned from Firstbase’s Services or any related services of our affiliates. If you have had a prior account terminated by Firstbase or its affiliates, you have obtained our express written permission before creating a new business account.
Single Account: You will maintain only one account for your business or each distinct venue. You will not create multiple accounts for the same business or otherwise attempt to circumvent our account restrictions without permission.

If you do not meet all of these requirements, you are not authorized to use our Business Services. If at any time you cease to meet the above criteria (for example, if your business registration lapses or your authority to represent the business is revoked), you must immediately cease using our Services and, if applicable, delete your business account. We reserve the right to remove or suspend your access to the Business Services without notice if we determine that you no longer meet the eligibility requirements or have otherwise violated these Terms.

Honesty and Liability: We rely on your truthful representations regarding the above eligibility criteria and other information you provide. Firstbase does not independently verify each business or owner’s identity, background, or legal status beyond what is necessary and legally permissible. By using our Services, you acknowledge that Firstbase is not responsible for confirming the accuracy of your representations. You agree that Firstbase will not be liable for any loss or damage arising from false or misleading information provided by you or any other business user.

Your Responsibilities (Dos and Don’ts): By using the Business Services, you agree that you will comply with the following obligations:

Follow the Terms and Laws: You will comply with these Terms at all times and with all applicable laws and regulations. This includes, without limitation, laws related to privacy and data protection, intellectual property, consumer protection and advertising standards, spam and direct marketing, and any industry-specific regulations that apply to your business.
Updates: You will use the latest version of our website or business portal and apply any updates we release for the platform. Periodically review these Terms for changes.
Accurate Information: You will provide and maintain truthful, current, and complete information about your business in your Firstbase profile (e.g. business name, contact details, location, description). You will present your business authentically and respectfully. This includes providing an accurate profile image (such as a logo or a photo of your venue) and not impersonating or misrepresenting your affiliation with any other person or entity.
Account Security: You will maintain a strong password and take reasonable measures to secure your login credentials. You are responsible for all activity that occurs under your business account. Notify us immediately at support@firstbaseapp.com if you suspect any unauthorized access to or use of your account.
Professional Conduct: You will interact with Firstbase staff and users (if applicable) in a courteous and respectful manner. For example, if you communicate with our customer support or post any content visible to app users, you will do so in a professional, respectful tone.
Use for Intended Purpose: You will use our Business Services only for their intended purpose—namely, promoting your business or venue to Firstbase app users in a manner consistent with these Terms. Any information or contacts you obtain through the Service (for instance, if a user responds to your advertisement) should be used only for legitimate business purposes related to your advertising on Firstbase and in line with privacy laws.

You also agree that you will NOT engage in any of the following prohibited actions when using our Services:

Misrepresentation: Do not misrepresent your or your business’s identity or affiliation. This means you will not falsify or obscure your business name, industry, location, credentials, or any other information in a way that is intended to deceive Firstbase or the users of the Firstbase app.
Platform Interference: Do not use the Services in any manner that could damage, disable, overburden, or impair the platform or interfere with any other party’s use of the Services. This includes not introducing any viruses, malware, or other harmful code, and not attempting to circumvent any security or access controls of the Service.
Illegal or Harmful Purpose: Do not use our Services for any unlawful, fraudulent, or malicious purpose. You shall not engage in harassment, hate speech, stalking, or any form of intimidation or abuse of any person through or in connection with our platform.
Prohibited Content: Do not post, upload, or share any Prohibited Content (as defined in the “Prohibited Content” section below) via our platform.
Privacy Violations: Do not solicit or collect other people’s personal information through the Firstbase platform except as necessary for legitimate business purposes (e.g., if a user voluntarily provides contact information to you in response to an offer). You will not harvest data, and you will not request passwords or other sensitive personal data from users. Furthermore, you will not publish or disclose anyone’s personal information (such as a user’s name, contact details, or identifying information) without their explicit consent.
Spam & Unsolicited Messaging: Do not use the Services to send unsolicited bulk communications (“spam”) to users. You will not send junk mail, chain letters, phishing messages, or any other mass messaging campaign to users through our platform. Any messaging or outreach to Firstbase app users must comply with these Terms and be limited to the tools and channels the platform expressly provides for business-user interaction.
Fraudulent Schemes: Do not use our Services to promote or operate any pyramid scheme, multi-level marketing, or similar fraudulent or “get rich quick” scheme. Likewise, you must not engage in any advertising or business practices that involve fraud, deceit, or misrepresentation (for example, false advertising or bait-and-switch schemes).
Unauthorized Access: Do not access or use any account on the Services that is not yours. Also, you will not share your own account with unauthorized third parties. You agree not to try to gain unauthorized access to our systems or user data, or to probe, scan, or test the vulnerability of our Service or any network.
Intellectual Property Misuse: Do not copy, modify, distribute, or create derivative works from any content on our platform that is not yours (including Firstbase’s content or other users’ content) without our prior written consent. This means you will not scrape or extract data from our platform for competitive use, and you will not use any trademarks, logos, or proprietary information from Firstbase (including our name, “Firstbase”) in meta tags or code or hidden text to direct any person to another website, without our permission.
Reverse Engineering: Do not reverse engineer, decompile, disassemble, or otherwise attempt to discover the source code or underlying components of any part of our Services. You also agree not to develop any third-party applications or scripts that interact with our Services or content without our written approval, and not to use any automated means (like bots or crawlers) to access or collect information from the platform.
Framing and Linking: Do not “frame” or “mirror” any part of our Services on any other website or mobile app without our prior written authorization. You also must not link to our Services in any manner that implies an endorsement or partnership with your business without our approval.
Trademark Use: Do not use the Firstbase name, logo, trademark, or branding (or any confusingly similar marks) in any manner (including in ads or keywords) without our prior written consent, except as necessary to truthfully reference our Services (for example, stating that your venue is on Firstbase).
Encouraging Violations: Do not encourage or facilitate any third party (including other businesses or any individuals) to do anything that would violate these Terms. You are responsible for any act or omission by your employees or agents on the platform as if it were your own.

If you engage in any of the above prohibited activities or otherwise violate these Terms, the limited license granted to you to use our Services (see Section Rights You Are Granted by Firstbase below) will automatically be revoked, and we may take immediate action including terminating or suspending your account. In serious cases, we may also take legal action as appropriate.

Prohibited Content

As a business user, you may upload content to our platform (such as images, text, and other media for your business profile or advertisements). You agree that you will not post or share any content through our Services that:

Is Offensive or Harassing: Content that a reasonable person would consider offensive, abusive, or likely to harass, upset, embarrass, alarm, or annoy any other person. This includes slurs, overly violent or graphic material, and any form of bullying or targeted harassment.
Obscene or Pornographic: Any content that is obscene, pornographic, or sexually explicit, or which contains nudity or excessive violence, or is otherwise degrading to human dignity.
Hate Speech or Discrimination: Content that is insulting, threatening, or encourages hatred, bigotry, or violence against any individual or group based on characteristics such as race, ethnicity, religion, gender, sexual orientation, disability, or any other protected attribute.
Illegal Activity: Content that encourages or facilitates any illegal activity. This includes, but is not limited to, content that could be seen as advocating terrorism or violence, inciting racial or ethnic hatred, or any material that in itself constitutes a criminal offense under law.
Defamatory or False: Any statements or material that are defamatory (libelous or slanderous) toward any person or entity, or content that is knowingly false or misleading (including false claims about your own business or competitors).
Inappropriate Commercial Content: Content that is not aligned with the intended use of Firstbase or that advertises activities against Firstbase’s policies. For example, you may not advertise escort services, “sugar daddy/sugar baby” arrangements, illicit substances, or any products or services that are illegal or highly objectionable. All commercial content you post must be relevant to a dating and social context (e.g., venues, events, lifestyle services) and must comply with applicable advertising standards and these Terms.
Spam and Scams: Any content that involves the transmission of unsolicited mass messaging, “junk mail,” “chain letters,” or any form of spam. You also may not post phishing links, fraudulent schemes, or content that is intended to deceive users into providing personal or financial information.
Malicious Code: Content that contains viruses, worms, spyware, adware, Trojan horses, corrupted files, or any other malicious code or software that could interrupt, damage, or limit the functionality of any software, hardware, or telecommunications equipment. You must not upload any material that could harm the Services or any user’s devices or data.
Intellectual Property Infringement: Any content that infringes or violates the intellectual property rights or other rights of any third party. This includes unauthorized use of copyrighted material (text, photos, videos, music), trademarks, service marks, logos, or any proprietary information belonging to others. Only upload content (including images, logos, and text) that you have created or have permission to use.
Privacy Violation: Content that includes the personal image or likeness of any individual without that person’s consent. In particular, do not post photographs or videos of private individuals (especially minors) without proper permission from them (or from a minor’s parent or guardian). Also, do not share any individual’s private information (such as personal contact details, identification documents, or financial information) via our platform.
Off-Platform or Irrelevant Content: Content that is not consistent with the intended use of the Services or is irrelevant to the context of a dating application. (For example, generic advertisements that do not relate to dating, social outings, or lifestyle may be considered out of scope and could be removed at our discretion.)
Harmful to Firstbase’s Reputation: Any content that could reasonably be expected to cause harm to the reputation or goodwill of Firstbase or its affiliates. This could include use of Firstbase’s name or branding in a derogatory or misleading way, or association of Firstbase with offensive or illegal material.

If you upload or share any content that violates these standards (“Prohibited Content”), Firstbase may remove the content and suspend or terminate your account immediately, without notice and without refund. We reserve the right to take this action at our sole discretion, and you will not be entitled to any warning or reinstatement if removed for Prohibited Content. It is your responsibility to ensure all content you provide complies with these Terms.

Content on the Platform

This section explains the rights and responsibilities regarding content you provide, content other users provide, and content provided by Firstbase. By using our Services, you acknowledge that you understand these distinctions and agree to the following terms.

Your Content (Business Content)

Definition: “Your Content” refers to all content that you submit, upload, transmit, or otherwise make available to Firstbase through our Business Services. This includes, for example, your business profile information, descriptions, photos, logos, promotional posts, event listings, and any other text or media you provide for display on the Firstbase app or website.

Responsibility for Your Content: You are solely responsible for Your Content. This means that you assume all liability arising from any content you provide, including its legality, reliability, and appropriateness. Do not share anything through our platform that you wouldn’t want the public to see or that violates these Terms or any law.

By uploading or providing Your Content on our Services, you represent and warrant that:

You own Your Content or have all necessary rights, licenses, consents, and permissions to lawfully share it and to grant the license to Firstbase described in Section “Rights You Grant Firstbase” below.
Your Content is accurate, truthful, and up-to-date to the best of your knowledge. (For example, if you post information about an event or promotion, you will ensure it is described correctly and will honor any commitments made to users.)
Your Content does not contain any Prohibited Content as defined above, and its posting will not violate any law or regulation or the rights of any third party.

Visibility and Use of Your Content: You understand and agree that Your Content (once posted) will be visible to others, including Firstbase app users and potentially the general public (depending on where and how it is displayed). For instance, your business profile and any advertisements or offers you post may be viewed by users of the Firstbase app worldwide (even though the service is intended for use in Australia, users elsewhere might see content if they access the app). Only share content that you are comfortable making public.

Despite these Terms prohibiting misuse, other users may still capture or share Your Content without our knowledge (for example, by taking screenshots or through other means). Firstbase is not responsible for how third parties may use Your Content once it is publicly available. By posting Your Content, you acknowledge this risk.

Firstbase reserves the right (but has no obligation) to monitor, review, or moderate any content on our platform, including Your Content. We may remove, edit, or restrict access to any of Your Content at any time, at our sole discretion, if we believe it violates these Terms or for any other reason. However, we do not guarantee that all inappropriate content will be caught or removed. You will not necessarily be notified before content is removed or edited, and we assume no liability for any failure to display or for the removal of Your Content.

No Confidentiality: Except for personal information protected by our Privacy Policy, any content you submit is not considered confidential or proprietary. For example, the general information you include in your business profile or advertisements is intended to be public. Do not include secret or sensitive business information in any content you upload to the platform expecting it to remain private. We are not responsible for safeguarding any business secrets or confidential information that you include in content submitted to the platform.

User and Member Content

In the course of using the Firstbase platform, you might encounter content provided by other parties. For example, users of the Firstbase app might post reviews, comments, or other content that indirectly involves your business (such as feedback on an event you hosted), or Firstbase or its partners might provide content (such as editorial listings or guides that mention your venue). This subsection outlines how you may or may not use such content:

No Rights in Others’ Content: Content on our Services that was not provided by you – including content from individual app users (“Member Content”) or content created by Firstbase (“Our Content”, discussed below) – does not belong to you. You do not acquire any ownership or license rights in that content by virtue of viewing it through our platform.
Limited Use: You may access and view Member Content and Our Content through the Services for your own internal business purposes (for example, reading user feedback about your venue). However, you may not copy, distribute, or use any content from other users or from Firstbase for any outside or commercial purpose that is not expressly permitted by these Terms. For instance, you cannot take a user’s review that you saw on Firstbase and use it in your own advertising materials without permission, and you cannot harvest user data or content to create a mailing list or customer database.
Respect for Privacy: If through our platform you obtain any personal information about a Firstbase user (for example, a user’s name or contact details when they respond to an offer or booking request), you must handle that information in accordance with all applicable privacy laws and solely for the purpose for which it was provided (e.g., to facilitate the booking or service the user requested). You may not use that personal information for any other purpose (such as marketing or independent data collection) unless the user expressly consents. You must also protect any such information and not disclose it to third parties, except as needed to fulfill the user’s request or as required by law.
Reporting Content: If you believe a user’s content violates these Terms or infringes your rights (for example, if someone posts a false statement about your business or uses your logo without permission), you may report it to us as outlined in the Inappropriate Content & Misconduct section below. We will review and take action as appropriate, in our discretion.

Firstbase is not responsible for Member Content (see also the Disclaimer section below). We do not guarantee the truthfulness or quality of any content posted by users. By using our Business Services, you understand that you may encounter content that is inaccurate, incomplete, or even deceptive. You agree to release Firstbase from any liability relating to content posted by others and acknowledge that any reliance on such content is at your own risk.

Our Content

“All other content” on the Firstbase platform that is not Your Content or Member Content is considered “Our Content.” This includes, but is not limited to: the text, images, graphics, logos, button icons, software, code, interface design and layout, sound files, and other material or information that is developed by or for Firstbase and made available through the Services. It also includes the Firstbase name, logos, trademarks, service marks, and taglines.

Ownership: Our Content is owned by Firstbase or licensed to us by third parties, and it is protected by copyright, trademark, and other intellectual property laws. All rights, title, and interest in Our Content remain with Firstbase and its licensors at all times. Nothing in these Terms grants you any ownership rights in Our Content or the Services themselves.

Limited License: Firstbase grants you a limited, revocable, non-exclusive, non-transferable license to access and use Our Content solely as necessary for your use of the Business Services in compliance with these Terms. For example, this license allows you to view and interact with the Firstbase website/portal and app interface to set up your profile and create ads. This license does not permit you to copy, distribute, or create derivative works from Our Content without our prior written permission. Any attempt to exploit Our Content in an unauthorized manner (such as scraping our listings or using our photos in your own website without permission) is a breach of these Terms and may result in legal action and termination of your account.

We reserve all rights not expressly granted to you in this Agreement. You agree not to remove, obscure, or alter any copyright, trademark, or other proprietary rights notices affixed to or contained within the Firstbase platform or Our Content. If you violate any provision of this Agreement, the above license will terminate automatically and you must immediately stop using and destroy any copies of Our Content in your possession.

Inappropriate Content & Misconduct; Reporting Mechanism

Firstbase is committed to maintaining a positive, safe, and respectful community for both individual users and business partners. Any inappropriate content or misconduct on our platform is strictly prohibited. This applies to all users of our Services, including businesses using the Business Services.

If you witness or experience any content or behavior on our platform that you believe violates these Terms or is otherwise objectionable or unsafe, we encourage you to report it to us. For example, if you see a user posting abusive comments about your venue or another business engaging in prohibited conduct, please let us know. You can report issues by contacting us at support@firstbaseapp.com or through any reporting tools we provide in the portal.

When you submit a report, please provide as much detail as possible (e.g., identity of the person or business involved, description of the content or behavior, dates and screenshots if relevant). All reports of potential violations will be reviewed. We will take any action we deem appropriate, which may include investigating the issue, removing content, issuing warnings, or suspending/terminating accounts.

Safety and Data Sharing: As outlined in our Privacy Policy, we may share information about you between Firstbase and any affiliated companies for the purposes of safety, security, and compliance. For example, if you are banned from the Firstbase platform for misconduct or posting prohibited content, we may alert our affiliate companies (if any) to prevent you from using their services as well. Conversely, if you have been banned on an affiliate’s platform, we reserve the right to prohibit you from using Firstbase’s Services. We do this to protect the overall community across our platforms.

Please understand that we may not always be able to share the outcome of our investigation or the specifics of any action taken with the person who reported the issue. We reserve the right to handle violations in our discretion and in accordance with privacy obligations. If we determine that you have violated these Terms or otherwise acted inappropriately or unlawfully, on or off our Services, we may take any measures we deem necessary, including banning you from our Business Services and possibly from our consumer app and affiliated services. In serious cases, we may also involve law enforcement or pursue legal remedies.

Privacy and Data Use

Protecting your privacy and the privacy of our users is very important to Firstbase. By using the Business Services, you agree to the terms of our Privacy Policy (available on our website) which explains how we collect, use, and share information. Please review it carefully. Among other things, our Privacy Policy describes how we process personal data you provide to us when creating a business account or using the platform (for example, your contact details and business information), and how we handle data related to users’ interactions with your business profile or ads.

Key privacy points for business users:

Consent to Data Use: You agree that Firstbase may use the data you provide (including personal data of your representatives and business information) in accordance with our Privacy Policy. This includes using your information to operate the platform, facilitate connections with users, process payments, and for other legitimate business purposes such as analytics, marketing of our own Services, and improvements to the platform.
Third-Party Service Providers: We may share certain information with third-party service providers who assist us in delivering the Business Services (e.g., payment processors like Stripe, analytics providers, etc.), under strict data protection obligations. By using the Services, you consent to such sharing as outlined in the Privacy Policy.
Business Contact Information: Some information you provide, such as business contact details, location, and description, may be displayed publicly to help promote your venue to users (this is the purpose of the Service). You understand that once such information is displayed on your profile, it can be viewed and possibly saved or shared by others. Firstbase is not responsible for how third parties use publicly available information obtained through our platform.
User Data and Privacy: If through your use of our Services you receive personal data about individual users (for example, if a user makes a reservation or redeems an offer and you receive their name or contact info), you agree to treat that information with the utmost care and confidentiality. You must use any such user data only for the purpose it was provided (e.g., to confirm a booking or provide customer service for that specific interaction) and not for any unrelated marketing or other purposes, unless you obtain the user’s explicit consent in compliance with applicable law. You also agree to implement appropriate security measures to protect any personal data of users you hold, and to comply with all relevant privacy and data protection laws (such as the Australian Privacy Principles under the Privacy Act 1988 (Cth)) regarding that information. If a user requests that you delete or refrain from using their personal information, or if they withdraw consent, you must promptly comply with that request as required by law.
No Unauthorized Sharing: You may not sell, rent, or share any personal information obtained through Firstbase’s Services to third parties for their independent use, unless expressly permitted by the user and in line with our policies. For example, you cannot export a list of users who engaged with your ad and then use it or sell it outside of Firstbase’s platform for marketing.
Cookies and Tracking: Our website and portal may use cookies or similar tracking technologies, as explained in our Cookie Policy. By using the Services, you acknowledge and agree to our use of cookies for authentication, security, personalization, and analytics. If you incorporate any Firstbase-provided widgets or code on your own site (if this becomes available) that facilitate integration with our platform, you must inform visitors to your site about any Firstbase-related cookies or tracking per our Cookie Policy.

If you have questions about how we handle data, please refer to the Privacy Policy or contact us at support@firstbaseapp.com. By using the Business Services, you acknowledge that data transmissions over the internet are never completely secure or error-free and that we cannot guarantee absolute security of your information, though we implement industry-standard practices to protect it.

Rights You Are Granted by Firstbase

License to Use the Platform: As long as you fully comply with these Terms, Firstbase grants you a limited, personal, worldwide, royalty-free, non-transferable, non-sublicensable, revocable license to access and use our Business Services. This license is provided solely for the purposes of allowing you to utilize the platform to promote your business in the manner intended by Firstbase and permitted by this Agreement and applicable law.

This means you may use our website, app (and any related software) to create and manage your business profile, post content (ads, offers, etc.), view analytics, and otherwise participate in the advertising services offered by Firstbase. You may also download and install any Firstbase mobile application or tools provided to facilitate business account management, if applicable, on your devices, solely for your use of the Services.

Restrictions on License: This license is conditional on your compliance with these Terms. You do not have the right to reproduce, distribute, modify, or create derivative works from our software or any portion of our Services except to the extent expressly allowed by us. All rights not explicitly granted to you are reserved by Firstbase. If you violate these Terms at any time, this license will immediately terminate with or without notice to you.

Termination of Access: We reserve the right to suspend or terminate your access to any or all of the Business Services at any time, for any reason, including for any violation of these Terms or if we cease to offer the Services. (See also Account Termination below.) In the event of termination, the license granted to you here will automatically end, and you must stop using the Services and delete any copies of our app or software in your possession.

No Endorsement: Your use of the Firstbase platform and the license granted does not imply any endorsement by Firstbase of your business, nor any partnership or joint venture. You cannot state or suggest to anyone that Firstbase has endorsed your business or your content. (You are, however, allowed to truthfully say that your business is “on Firstbase” or is a “Firstbase partner” in a general sense, if you have an active account, as long as it’s not misleading.)

Rights You Grant Firstbase

By using our Business Services and submitting Your Content, you grant Firstbase certain rights so that we can operate and promote the platform, and your content can be displayed as intended. Please read this section carefully to understand what rights you are giving us in Your Content and related information.

Your Content License to Firstbase: You retain ownership of all intellectual property rights in Your Content. Nothing in these Terms transfers ownership of Your Content to Firstbase. However, in order for us to provide the Services, you need to grant us a license to use Your Content.

Specifically, by creating a business account or by submitting, uploading, or posting Your Content on or through our Services, you automatically grant to Firstbase (and our affiliates and partners) a worldwide, perpetual, transferable, sublicensable, royalty-free license to host, store, use, copy, reproduce, adapt, edit, modify, reformat, publish, translate, create derivative works from, publicly perform, publicly display, and distribute Your Content. This license allows us, for example, to display your business profile and ads within the Firstbase app, to resize or reformat photos you upload so they display nicely on various devices, to modify text for clarity or compliance (if we ever needed to, such as correcting obvious typos or removing prohibited words), and to include your content in promotional materials for Firstbase (such as showing a screenshot of the app that features your business’s profile or logo).

Non-Exclusive License: This license you grant to us is non-exclusive, meaning you are free to use Your Content for your own purposes or let others use your content for their purposes, except that any content which becomes part of a Firstbase-generated derivative work is exclusively licensed to Firstbase. For example, if we take a screenshot of a section of the Firstbase app that includes your business listing (a derivative work that we created), we have the exclusive right to use that screenshot for things like marketing our platform. But you still retain the rights to your original content (like the photos or text you provided) and can use those elsewhere.
Purpose of License: This license is granted for the purpose of operating, developing, providing, and promoting the Firstbase Services. We will not sell your content to other platforms or use it outside of this scope without further consent from you. However, you agree that Firstbase may make Your Content available to other companies, organizations, or individuals who collaborate with us for the syndication, broadcast, distribution, or publication of content through our Services, subject to our terms and conditions for such content use. For example, if Firstbase partners with a third-party website to list popular date venues, we might share some content from your profile (like your venue name, location, and photo) on that site as part of that feature.

Use of Name and Likeness: The license you grant us includes the right for us to use any trademarks, service marks, logos, brand names, or business names that form part of Your Content. For instance, if your business name or logo is included in your profile or advertisements, we have the right to display and reproduce those within the platform and in our marketing materials as described above. You also consent to us using screenshots or recordings of your public-facing content (which might contain these marks) for promotional purposes, such as in presentations or marketing slides that explain how Firstbase works to other potential business partners.

License to Act on Your Behalf (Copyright/IP Enforcement): You also grant Firstbase the right to act on your behalf if Your Content is taken from our Services by third parties without authorization. This means Firstbase may, at our discretion, issue takedown notices or take other legal actions in your name to prevent misuse of Your Content outside our platform (for example, if a third party is scraping and republishing your photos from Firstbase without permission). This protects both you and us, as it helps maintain the integrity of content on our platform. You agree that this license to act on your behalf is provided at no fee or cost to Firstbase, and it’s intended solely to enforce your rights in the context of unauthorized use of Your Content originating from our Services.

Advertising and Marketing: In consideration for your use of the Business Services (which may be free to join or involve fees for subscriptions, depending on your plan), you agree that Firstbase and its affiliates and partners may display advertisements and promotions on the Services. Since you are a business user, most advertisements shown within the consumer app will be from partners like you. However, Firstbase reserves the right to run its own promotions or third-party ads in various places on the platform (including possibly within the business portal interface). By agreeing to these Terms, you understand that your content or information (such as your public business profile data) might be displayed alongside advertisements or other commercial content. You have no right to any compensation for such advertisements, and such advertisements may be placed without prior notice to you. For example, Firstbase might display a banner ad for its own services or a third-party offer on the dashboard of the business portal or on a section of the app where your listing also appears.

Feedback: If you choose to submit suggestions, ideas, or feedback to Firstbase regarding our Services or how we can improve (for example, feature requests or bug reports) (“Feedback”), you agree that such Feedback is non-confidential and will become the sole property of Firstbase. We may use and share any Feedback you provide without any obligation to compensate you. This helps us continually improve our platform. (In legal terms: you hereby assign to Firstbase all right, title, and interest to Feedback, and agree that Firstbase is free to use, reproduce, disclose, and otherwise exploit the Feedback without attribution or compensation to you.)

Access and Disclosure: You agree that Firstbase may access, preserve, and disclose information associated with your business account (including Your Content and personal information) if we are required to do so by law, or if we believe in good faith that such access, preservation, or disclosure is reasonably necessary to: (i) comply with legal process or government requests (for example, complying with a court order or valid subpoena); (ii) enforce these Terms (including investigating potential violations); (iii) investigate and defend Firstbase against any third-party claims or allegations (for instance, claims that Your Content infringes someone’s rights); (iv) respond to your requests for customer service or technical support; or (v) protect the rights, property, or personal safety of Firstbase, its users, its business partners, or the public.

We will endeavor to limit any such disclosure to what is necessary under the circumstances and will otherwise handle your information in accordance with our Privacy Policy.

Note: Firstbase’s consumer application includes a feature called “BaseSafe®” for individual users’ safety (allowing users to share date details with a trusted friend). We mention this because if any aspect of our Services for users intersects with your business (e.g., a user might designate that they are visiting your venue), you acknowledge that BaseSafe is a tool for user safety, but it does not impose any specific obligation on your business. Firstbase does not guarantee that BaseSafe will enhance safety or prevent incidents at venues. It is simply a communication tool for users. Your responsibilities regarding safety at your venue are governed by your own policies and general law; Firstbase is not responsible for incidents that occur at third-party venues.

Purchases & Automatically Renewing Subscriptions

Businesses can access Firstbase’s advertising and promotional tools by purchasing a subscription plan. This section describes how our advertising plans work, including billing, automatic renewals, and cancellation. All payments for Business Services are processed through our Stripe integration, and all subscriptions are set to auto-renew by default. We do not have any long-term lock-in contracts; you may cancel your subscription at any time as described below.

Advertising Plans and Services

Firstbase offers advertising services to businesses and venues primarily through subscription plans. When you subscribe, you gain access to features that help you promote your business to users of the Firstbase app. Depending on the plan you choose (monthly or annual), you will receive a bundle of services and features. These features are described in detail at the point of purchase on our website or business portal, but in general, subscription benefits may include:

Business Profile & Listing: A dedicated profile for your business or venue on the Firstbase app, visible to our user community. This profile can display your business name, location, photos, description, and other relevant details so users can learn about you.
Promotional Posts & Offers: The ability to create and publish advertisements, special offers, events, or announcements that will be shown to Firstbase users. For example, you might post about an upcoming event at your venue, a discount for Firstbase members, or a featured menu item. (The number and frequency of such posts you can make might depend on your plan level—e.g., a standard plan might allow a certain number of active offers at a time, whereas a premium plan might allow more.)
Visibility & Placement: Inclusion in relevant sections of the Firstbase app where businesses are showcased. This could include appearing in a “Venues” or “Date Spots” section, being suggested to users based on location or preferences, or receiving “featured” placement at certain times. Annual subscribers or higher-tier plans may receive enhanced visibility (for instance, priority listing or occasional feature spots on the app’s main feed).
Analytics & Insights: Access to analytics about user engagement with your profile and posts. This may include data such as the number of views or impressions your posts received, clicks on your contact info or website, number of users who saved your venue, etc. These insights help you gauge the effectiveness of your advertising on Firstbase.
Support: Access to support resources for businesses. Subscribers can reach out to Firstbase’s support (via email at support@firstbaseapp.com or through the portal) for help with using the platform, and we will provide reasonable assistance. Some plans may include dedicated account support or onboarding help for new partners.
Additional Features: From time to time, we may offer extra features as part of certain plans – for example, the ability to host ticketed events through the app, integration with booking systems, or co-marketing opportunities (these are just examples; actual offerings will be described in the plan details when you subscribe).

Please note that the exact features and benefits can change as we update our Services. The current features of each plan (and their prices) will be detailed on our website or portal at the time of subscription. It is your responsibility to review those details before purchasing. All features are subject to availability and change; we will endeavor to maintain or improve the value of the service but reserve the right to modify plan features as needed (if we do, for significant changes we will notify subscribers or update these Terms accordingly).

Subscription Periods and Automatic Renewal

Billing Cycles: When you purchase a subscription, you agree to the price and subscription period as indicated (monthly or annual, unless otherwise stated). A “Monthly” subscription provides one month of access from the date of purchase and will automatically renew each month. An “Annual” subscription provides one year of access from the date of purchase and automatically renews each year. All subscriptions automatically renew for successive periods unless and until you cancel.

Automatic Charges: By subscribing, you authorize Firstbase (or its payment processor) to charge your provided payment method at the beginning of each subscription period (e.g., each month or each year) until you cancel. For example, if you purchase a monthly plan on the 10th of a month, your payment method will be charged on the 10th of the next month for renewal (unless cancelled prior to that date), and so on each month. Annual plans will renew on the anniversary of the purchase date.

Payment Processor: All payments for Business Services are handled through a third-party payment processor, Stripe, which we have integrated into our platform. When making a purchase, you will be prompted to provide valid payment information (such as a credit or debit card) which will be processed securely by Stripe. By providing your payment details, you agree that we may charge you through Stripe for all fees due for your selected plan, including recurring subscription fees. You also agree to abide by any relevant terms of service or policies of the payment processor. (Stripe’s services are separate from Firstbase; we do not store your full payment card details on our servers.)

Pricing and Taxes: All prices are stated in Australian Dollars (AUD) and are exclusive of GST unless expressly indicated otherwise. Applicable taxes (such as GST) will be added at checkout as required by law (see the GST section below for more details on tax). We reserve the right to adjust pricing for our subscription plans at our discretion; however, any price changes for existing subscriptions will be communicated to you in advance and, if required, we will seek your consent or give you the opportunity to cancel before new prices apply.

No Lock-In; Cancel Anytime: We do not require any long-term commitment beyond each billing period. You are free to cancel your subscription at any time. “No lock-in” means that if you choose to cancel, you won’t be charged again going forward, and your subscription will simply not renew for the next period. (For example, if you cancel a monthly plan in the middle of a month you’ve already paid for, your subscription will remain active until the end of that paid month, then not renew. If you cancel an annual plan, it will remain active until the end of the paid year, then not renew.)

Cancellation Process: You can cancel your subscription through the Firstbase business portal or by contacting our support at support@firstbaseapp.com. – If canceling through the portal: Log into your business account, navigate to the account or subscription settings page, and select the option to downgrade or cancel your plan. Follow the on-screen instructions to confirm cancellation. We will typically send a confirmation of cancellation via email. – If you encounter any difficulties with the cancellation process, you should email support@firstbaseapp.com for assistance. We will honor the date of your initial cancellation request in determining your eligibility for stopping the next billing, even if processing the cancellation takes additional time on our end.

Effect of Cancellation: When you cancel, you will continue to have access to the subscribed Business Services until the end of your current paid term. For instance, if you paid for a month, and cancel halfway through, you can still use the features for the remainder of that month. After the subscription term ends, your access to subscriber features will expire and your business profile may become less visible or inactive (unless you resubscribe or switch to any available free listing option, if offered). It is your responsibility to save any data or content you may need from the portal before your subscription ends. We are not obligated to retain or provide any content related to your account after termination, except as required by law.

Deleting Account vs Canceling Subscription: Important: Deleting your business account or profile does NOT automatically cancel your subscription, because billing is handled separately. If you wish to completely discontinue using our Services, you should (a) cancel your subscription to stop recurring charges, and (b) delete your account (or request deletion) if you want your business profile removed from the platform. If you delete or deactivate your business profile but do not cancel the subscription, your payment method may still be charged. Likewise, if you cancel a subscription but do not delete your account, your business profile might still remain visible in some capacity (albeit with limited functionality). To fully terminate your relationship (and stop all charges and presence on the platform), ensure you do both. See Account Termination section for how to delete your account.

Billing Issues: You agree to provide current, complete, and accurate billing and payment information. If your provided payment method fails (for example, a credit card expires or has insufficient funds) and you do not update your payment information or cancel your account, we may attempt to charge the payment method again after a short period. We may also attempt to contact you to remind you of the failed payment. If payment remains unsuccessful, we may suspend or terminate your business account and any content or offers associated with it. You remain responsible for any amounts that could not be collected. We reserve the right to retry billing your payment method at a later time or to bill an alternative payment method you have on file, if available.

You authorize Firstbase to obtain updated expiration dates or replacement card numbers for your credit/debit card as provided by your card issuer. This authorization is intended to prevent interruption of your subscription and does not relieve you of your responsibility to keep your billing information up to date.

If we receive a chargeback, dispute, or reversal of payment (for example, you dispute the charge with your bank or card issuer) for any subscription fee, we reserve the right to immediately terminate or suspend your business account at our sole discretion. Firstbase retains any funds collected for the term that was paid for prior to the chargeback. If a chargeback or reversal is resolved in our favor (meaning the charge is reinstated), we will restore your account access as appropriate, but you must contact us to discuss reactivation.

Billing Errors: In the event we discover a billing error (whether overcharging or undercharging you), we will correct it. If we’ve charged you in error, we will refund or credit you for the incorrect amount. If we undercharged you or omitted a charge (and the service was provided), we will invoice you for the outstanding amount, which you agree to pay upon receipt. We will explain any adjustments made due to billing errors.

Refunds

General No Refund Policy: All purchases and subscription fees are final and non-refundable, except where required by law. This applies to both partially used and fully unused subscription periods. For example, if you sign up for a monthly plan and decide to stop using it after a week, you will not receive a refund for the remaining weeks of that month. Similarly, if you upgrade to an annual plan and later change your mind, we do not offer pro-rated refunds for the unused portion of the year (aside from any rights you may have under Australian consumer law or other applicable laws).

Australian Consumer Law: Nothing in these Terms is intended to limit any rights you may have under the Australian Consumer Law or other mandatory laws. In some cases, if our services are not provided with due care and skill or as advertised, you may be entitled to certain remedies (like a refund) under law. However, to the maximum extent permitted, we limit our liability as set out in the “Limitation of Liability” section. Unless a refund is required by law, we do not provide refunds or credits.

Cooling-Off Period: By signing up for our Business Services, you agree that we begin providing the services to you immediately upon payment. There is no “cooling-off” cancellation period once service access has begun (to the extent allowed by law). You can cancel future renewals as described above, but fees already paid will not be refunded in the ordinary course.

If you believe you have extraordinary circumstances that justify a refund (for instance, you accidentally subscribed to the wrong plan and contacted us immediately, or you believe there has been fraud or error), you can contact support@firstbaseapp.com to request a review. Granting refunds in such cases is at the sole discretion of Firstbase, and our decision will be final.

Account Termination

This section explains how you or Firstbase may terminate or suspend your business account, and what happens after termination.

Your Right to Terminate: You have the right to delete or deactivate your Firstbase business account at any time if you no longer wish to use our Services. To do so, you may go to the “Settings” or “Account” section of the business portal (look for an option to deactivate or delete your account) and follow any provided instructions. If such an option is not directly available, you can request account deletion by contacting us at support@firstbaseapp.com. We may take steps to verify your identity and authority (to prevent unauthorized deletions) before processing the deletion.

Please note, as stated in the Purchases section, that deleting your account will not automatically cancel any active subscription – you should cancel your subscription first to avoid further billing. After you delete your account, your business profile and content will generally be removed from public view on the app, and we will handle your data as described below and in our Privacy Policy.

Firstbase’s Right to Terminate or Suspend: Firstbase reserves the right to investigate, suspend, or terminate your account at any time, without notice, if we believe (in our sole discretion) that:

You have violated these Terms or any incorporated policies or guidelines;
You have misused our Services or behaved in a way that we deem inappropriate, unlawful, or harmful (on or off the platform). This includes engaging in any of the prohibited activities described earlier (e.g., posting prohibited content, harassing users, committing fraud, etc.);
Your business ceases to meet the eligibility criteria (for example, if we discover your business is not actually registered or is involved in illegal activities);
Payment for your subscription cannot be processed and remains unresolved (e.g., repeated payment failures or chargebacks without correction);
We are required to do so by law (for instance, if legally compelled to terminate service to you);
Or if your conduct, content, or continued access poses risk to Firstbase or any of its users or partners.

In the event we terminate or suspend for cause (e.g. violation of terms or misconduct), you will not be entitled to any refund of fees already paid. We may also block you from creating a new account in the future, either permanently or for a certain period, depending on the circumstances.

In less severe cases, or where appropriate, we may choose to suspend your account or certain features rather than terminate it outright. Suspension might mean your content is hidden and you cannot access the portal for a time, until the issue is resolved (for example, we might suspend an account during an investigation into a reported violation or while awaiting overdue payments).

Post-Termination: Upon termination of your business account (by you or by us), the following will occur:

Your profile and content will be removed from active display on the Firstbase app. (Note: some residual data, like logs or backup copies of your content, may remain in our system for a time, but will be handled in accordance with our Privacy Policy.)
You will lose access to the business portal and any data or content therein, except that which we are required or choose to provide. Make sure to save any information you need before terminating your account.
Any rights granted to you under these Terms will immediately cease. However, the termination does not affect rights and obligations that by their nature should survive, including but not limited to ownership of Your Content (you keep ownership of what you posted), our rights to Your Content as set forth in Rights You Grant Firstbase, any outstanding payment obligations (you still owe any due fees or charges that accrued before termination), and all provisions under the sections of Disclaimer, Limitation of Liability, Indemnity, Dispute Resolution, Governing Law, and Entire Agreement.
If your account was terminated or suspended by Firstbase due to a breach of Terms, we reserve the right (but not the obligation) to notify other businesses or users who may have been in contact with you through our Services, in order to inform them of your ineligibility, if we deem it necessary for their protection.

Additionally, after termination, we will handle your personal data in accordance with our Privacy Policy. Generally, personal data will be retained for a certain period as required for legitimate business purposes or legal compliance and then deleted or anonymized. For example, we might keep invoicing records, correspondence, or data required for audit/tax purposes even after your account is deleted, but such data will not be visible on the platform.

No Future Access: If your account is terminated for violating these Terms, you may not create a new account or otherwise seek to use the Firstbase Business Services under a different name or entity without our prior written approval. Doing so (for example, trying to rejoin with a different business name while your original is banned) constitutes a further violation of these Terms and we reserve the right to terminate any new account you create in such circumstances.

If you believe your account was terminated or suspended in error, or if you resolve the issue that led to termination (such as paying an outstanding balance), you can contact support@firstbaseapp.com to request reconsideration. However, we are under no obligation to reactivate an account terminated for cause.

Disclaimer of Warranties

Use At Your Own Risk: The Firstbase Business Services (including the website, portal, app, and all content, features, and support provided) are offered on an “as is” and “as available” basis. To the maximum extent permitted by law, Firstbase disclaims all warranties of any kind, whether express, implied, statutory, or otherwise with respect to our Services. This includes, but is not limited to, any implied warranties of merchantability, fitness for a particular purpose, title, non-infringement, and any warranties that might arise from course of dealing or course of performance.

In more plain terms: Firstbase does not guarantee any specific results from the use of the Business Services. By using the platform, you accept that it may not meet your expectations or needs, and that there are inherent uncertainties in advertising and digital services.

No Guarantee of Outcomes: In particular, Firstbase does not make any representations or guarantees:

Uptime and Errors: That the Services will be uninterrupted, timely, secure, or error-free. While we strive to maintain high availability, we do not warrant that the business portal or app will always be operational or free of any defects. Maintenance, updates, or technical issues may occasionally cause disruptions.
Corrections: That any defects or errors in the Services will be identified or corrected. We work to fix bugs and issues, but we make no warranty that the Services are free of bugs or that we will correct every issue discovered.
Accuracy of Information: That any information obtained via the Services (whether from Firstbase or from users) is accurate, reliable, or complete. For example, we do not guarantee the accuracy of user profile data, user communications, analytics metrics, or any suggestions or guidance provided through the platform.
Engagement & Success: That your participation in the Firstbase platform will meet your business objectives. Firstbase provides no guarantee regarding the number or quality of users who will view or interact with your business listing or advertisements. We cannot and do not promise that using Firstbase will result in increased customer traffic, sales, or any particular business outcome. The effectiveness of our platform for your business can vary based on factors beyond our control, including user preferences, market conditions, and the appeal of your content/offers.
User Behavior: Firstbase makes no guarantees as to the conduct, responsiveness, or intentions of individual Firstbase app users. While we strive to foster a respectful community and may remove or ban users who violate our rules, we are not responsible for the actions of any user. For example, we cannot ensure that users who engage with your content (view, RSVP, comment, etc.) will actually follow through (such as attending an event or redeeming an offer), nor can we guarantee that they won’t engage in misconduct. Always exercise your own business judgment when dealing with any potential customer coming through Firstbase.
Compatibility: Firstbase does not guarantee that our Services will be compatible with all devices, browsers, or network providers, nor that they will meet your requirements. You are responsible for ensuring your own technology (hardware, internet connection, etc.) is sufficient and secure for using our platform.

User and Third-Party Content: You acknowledge that content posted on the platform by others (including users and other businesses) is not endorsed or verified by Firstbase. Any material, advice, statements, or other information made available by third parties (e.g., users’ messages or comments) are those of their respective authors and not of Firstbase. You agree that Firstbase is not responsible for the accuracy, usefulness, or safety of any such content. You further understand that you may be exposed to content on the platform that is inaccurate, offensive, defamatory, or otherwise objectionable. To the extent permitted by law, you agree not to hold Firstbase liable for any damages or losses arising from such content.

Download Risks: Any material downloaded or otherwise obtained through the use of our Services (for example, downloading a report or image from the portal) is done at your own discretion and risk. You are solely responsible for any damage to your computer system or mobile device, or loss of data, that results from such download or use of the Services. Firstbase takes reasonable precautions against viruses and malicious code, but we do not warrant that the platform is free from such components. It is assumed you will use your own virus protection and security measures as needed.

No Fiduciary Duties: You understand that using the Firstbase Business Services does not create any fiduciary relationship or duty between us. We are providing a platform and tools, but we are not acting as an agent, broker, or consultant specifically for your business. We do not owe you any duties beyond those expressly outlined in this Agreement. You are solely responsible for evaluating any advice or information (if any) provided by Firstbase and for how you run your business.

Release: To the fullest extent permitted by law, you hereby release Firstbase and its affiliates, and their respective officers, directors, employees, and agents from any and all claims, demands, and damages (actual and consequential) arising out of or in any way connected with any dispute you may have with any user of our Services or any third party. This includes, for example, disputes arising from interactions with users who came to your venue or the quality of leads/customers obtained through Firstbase. We don’t have control over and don’t guarantee the actions of users, so this release clarifies that we will not be liable for their actions.

Your Statutory Rights: In certain jurisdictions, you may have rights which cannot be excluded by contract. Nothing in this Disclaimer section is intended to override rights which you are entitled to by law. For example, in Australia, services come with certain non-excludable guarantees under the Australian Consumer Law (ACL). To the extent the ACL applies, our liability for breach of any such guarantee is limited (at our option) to re-supplying the services or paying the cost of re-supply. But if we are allowed to fully exclude such warranties under law for business transactions, we do so to the fullest extent permitted.

Firstbase respects intellectual property rights and expects our users (including businesses) to do the same. If you believe that your work has been copied or used on the Firstbase platform in a way that constitutes copyright infringement or other intellectual property infringement, please notify us as soon as possible so we can investigate and take appropriate action.

Reporting Infringements: If you believe content on our Services infringes your copyright or other intellectual property rights (e.g., trademark), you should send us a written notice that includes the following information (these are consistent with the requirements under the Digital Millennium Copyright Act (DMCA) for copyright claims, and similar information helps for other IP claims):

Your Identification: A physical or electronic signature of the person authorized to act on behalf of the owner of the right that is allegedly infringed. If you are the rights owner yourself, you can sign; if you are an agent (like an attorney or licensing manager), you should clearly indicate that you represent the owner.
Description of the Work: Identification of the copyrighted work or other intellectual property that you claim has been infringed. For example, “Image titled X by Photographer Y, published in [source]” or “Trademark Z, registration number ####, owned by [Company]”. If multiple works are involved, you can provide a representative list.
Location of the Infringing Material: Identification of the material on our platform that you claim is infringing your rights, with enough detail that we can locate it. The best way is to provide a direct URL or screenshot of the content in question. Describe what the content is (e.g., a photo, text excerpt, logo) and where exactly it appears (for instance, on a specific business’s profile or in a specific post).
Your Contact Information: Information reasonably sufficient to allow us to contact you regarding your complaint. At a minimum, this should include your full name, mailing address, telephone number, and email address.
Statement of Good Faith: A statement that you have a good faith belief that the disputed use of the material is not authorized by the intellectual property owner, its agent, or the law. In other words, explain why you believe this use is infringing (e.g., “I did not give permission for my article to be posted here, and it’s not covered by fair use because…”).
Accuracy and Authority Statement: A statement, made under penalty of perjury, that the information in your notice is accurate and that you are the owner of the intellectual property or authorized to act on behalf of the owner of the right that is allegedly infringed.

Please send the above notice via email to support@firstbaseapp.com with the subject line “IP Infringement Notice”. Alternatively, you may mail it to our business address listed on our website (if available), directed to the Legal Department or Copyright Agent.

Upon receipt of a complete and valid notice, Firstbase will evaluate and process the claim. We may remove or disable access to the allegedly infringing content and notify the user who posted it (if applicable). We have the right to terminate accounts of repeat infringers in appropriate circumstances. In cases of copyright, we follow the safe harbor provisions of the DMCA where applicable, although as an Australian company, our primary legal obligations are under Australian law.

Counter-Notice: If your content was removed due to a copyright complaint and you believe that it was wrongly removed (for example, you believe you had the right to use that content or it’s a case of mistaken identification), you may submit a counter-notice. A counter-notice should be a written communication that includes:

Your physical or electronic signature.
Identification of the content that was removed or to which access was disabled, and the location (URL) at which the content appeared before it was removed or disabled.
A statement under penalty of perjury that you have a good faith belief that the content was removed or disabled as a result of mistake or misidentification.
Your name, address, and telephone number, and a statement that you consent to the jurisdiction of the court in the area where your address is (or if outside of Australia, then you consent to the jurisdiction of the courts of Queensland, Australia), and that you will accept service of process from the person who provided the original infringement notice or an agent of that person.

If we receive a counter-notice, we may reinstate the content in question (at our discretion) unless the party who sent the original notice informs us that they have filed a court action to restrain you from engaging in the infringing activity.

Trademarks: For trademark infringement concerns (e.g., your business name or logo is being used by someone else on Firstbase in a confusing manner), please provide details about the trademark (registration number if any, jurisdiction, and the context of how it’s being used on our platform) and your relationship to the trademark (owner or authorized agent). We will review trademark complaints under our own policies and applicable law, which may not follow the exact DMCA process but generally mirror the notice and response framework.

Firstbase appreciates your help in respecting intellectual property rights. Abuse of the reporting process (such as submitting false claims) is a violation of these Terms. We may terminate accounts of those who submit fraudulent or bad faith notices or counter-notices.

Third-Party Content and Integrations

In providing our Services, Firstbase may display, include, or make available content, data, information, applications, or materials from third parties, or provide links to certain third-party websites or services. Similarly, our Business Services may integrate with or utilize third-party tools and platforms (such as payment processing by Stripe, as noted, or social media login options, mapping services, etc.). This section explains that such third-party content and services are not under our control, and we are not responsible for them.

Advertisements and Promotions by Third Parties: As a business user, you primarily supply content rather than see others’ ads. However, you acknowledge that Firstbase’s consumer application may contain advertisements and promotions by third parties (other businesses, potentially competitors, or our advertising partners). For example, users might see multiple venue ads (including yours and others) or other sponsored content in the app. Firstbase is not responsible for the availability or content of third-party ads or offers. Any dealings or interactions you have with third-party advertisers (other than Firstbase itself) on the platform are solely between you and that advertiser. For instance, if as a user (or business) you decide to take advantage of an offer made by another advertiser on Firstbase, any transaction or legal relationship formed is between you and that party, not Firstbase.

External Links: Our Services (including the business portal and our website) may contain links to third-party websites or resources that are not owned or controlled by Firstbase. These might include, for example: – Links to articles or guides that we think might be helpful to you. – Social media pages or groups related to Firstbase. – Integration links where you can connect your account to other services (like a reservation system or a Facebook account). – Payment pages securely hosted by Stripe or another payment provider.

You acknowledge that Firstbase has no control over the content, products, services, or practices of any third-party websites or resources. We do not endorse or assume any responsibility for any third-party websites, information, materials, products, or services. If you access a third-party website or service from our platform (for example, by clicking a link or enabling an integration), you do so at your own risk.

Stripe and Payment Processing: Specifically, all payments for our Services are handled by Stripe, a third-party service. When you enter your payment details, you are interacting with Stripe’s system. While we selected Stripe for its reliability and security, we are not liable for any issues arising from Stripe’s service, such as payment errors, security breaches on Stripe’s side, or Stripe’s use of your data. However, we will reasonably assist in communicating with Stripe to resolve issues if needed. You should review Stripe’s terms and privacy policy when providing payment information.

Third-Party Content Usage: If the Firstbase app or business portal displays content provided by third parties (like a news feed, external reviews, maps, or partner data), that content is provided “as-is” for your convenience. For example, if there is an embedded Google Map for your business location, the map content is subject to Google’s terms of service. Or if we show aggregated ratings from another platform, that info comes from that platform’s feed. Firstbase does not guarantee the accuracy or completeness of third-party content.

No Liability for Third-Party Actions: Your interactions and dealings with any third parties found on or through our Services (including other businesses and users, as well as external service providers) are solely between you and the third party. You agree that Firstbase is not responsible or liable for any loss or damage of any kind incurred as a result of any such dealings. If you have a dispute with one or more third parties (for example, a user or a vendor), you release Firstbase (and our officers, directors, employees, agents, and affiliates) from any claims, demands, and damages connected with such disputes (as mentioned earlier in the Disclaimer section).

Cookie Policy: Use of our website (including the business portal) is also subject to our Cookie Policy, which details how we and certain approved third parties use cookies and similar technologies on the platform. By using the Services, you agree to our use of cookies as described in that policy. This often involves third-party cookies (for analytics providers like Google Analytics, or for features like embedded videos or social sharing tools). We strive to only use cookies and tools that respect privacy and are for legitimate purposes (like improving our Services), but third-party cookie providers have their own privacy policies which govern their interactions with you. We encourage you to review our Cookie Policy and manage your cookie preferences as described there.

Third-Party Software/Components: Our Services may include software or components distributed by third parties, which may be subject to open-source licenses or other terms. Where required by those licenses, we will provide acknowledgments or notices within the platform or documentation. Your use of such third-party software as part of our Services is subject to the respective third-party licenses, not just our Terms. We provide no warranty on behalf of the providers of such third-party components.

In summary, while we do our best to work with reputable third parties and integrate useful services, Firstbase is not liable for third-party content or services. Always exercise independent judgment when accessing third-party materials or sites. If you leave our platform via a link, remember that you are now subject to that third party’s terms and policies.

Limitation of Liability

Limitation on Types of Damages: To the fullest extent permitted by applicable law, Firstbase and its affiliates, and each of our respective officers, directors, employees, agents, partners, licensors, and service providers, shall not be liable to you for any indirect, consequential, exemplary, incidental, special, punitive, or enhanced damages of any kind, under any theory of liability, whether in contract, tort (including negligence), strict liability or any other theory. This includes, without limitation, any damages resulting from loss of profits, loss of revenue, loss of business, loss of opportunity, loss of data, or loss of goodwill, even if we have been advised of the possibility of such damages.

For example, we will not be liable for:
– The impact (positive or negative) of using our platform on your business profits or customer base. (If advertising with Firstbase doesn’t yield the results you hoped for, or even if it somehow leads to negative outcomes, that risk is on you as the business owner using the service.) – Any temporary or permanent loss of access to or deletion of your content or account (provided it resulted from your breach or was in line with these Terms). – Mistakes or delays in displaying your advertisements or information on the app. – Any unauthorized access to, use of, or alteration of your transmissions or content (unless it’s solely due to our gross negligence or willful misconduct, in which case see direct damages cap below). – The actions or content of any third parties, including users of the app or other advertisers. If a user acts inappropriately at your venue or misuses an offer, or if another business’s content somehow affects you, we are not liable for those acts. – Any downtime or technical issues that prevent you from using the Services, any bugs or viruses that may be transmitted through the platform by third parties, or any incompatibility between our Services and your systems.

Limitation on Amount of Liability: To the fullest extent permitted by applicable law, in no event will Firstbase’s aggregate liability to you for all claims arising out of or relating to this Agreement or the use of or inability to use the Services exceed the total amount of fees that you paid to Firstbase for the Business Services in the twenty-four (24) months immediately prior to the event giving rise to the liability (or, if the duration of usage has been less than 24 months, the total amount paid for such shorter period).

This means if you have a claim against us, the most you can recover (if you prevail and are entitled to damages) is the sum of the subscription fees actually paid by you to us in the last two years up to the time the claim arose. For example, if you paid AUD $100 per month for 6 months (AUD $600 total) before a problem occurred, and that’s your claim, our maximum liability would be capped at $600. If you paid nothing (for instance, if at some point we had a free trial or a free plan), then our liability would be capped at $0 for that period.

Scope of Limitation: The limitations of liability in this section apply to all claims or causes of action, whether for breach of contract, tortious behavior (including negligence), or any other legal theory. They apply to all events or circumstances in the aggregate, not per incident. They also apply whether the damages arise directly or indirectly from the issue. For example, if a Service outage causes you to lose a big sale (indirect loss of profit) and also makes you spend money on an alternative advertising method (direct out-of-pocket expense), neither type of damage would be claimable beyond the cap and may not be claimable at all if considered indirect or consequential.

Exceptions: Some jurisdictions do not allow the exclusion or limitation of certain types of damages (for instance, some places don’t allow the exclusion of liability for gross negligence or willful misconduct, or incidental or consequential damages in certain contexts). Also, under certain laws, liabilities such as for personal injury or death caused by negligence cannot be limited or excluded. Nothing in these Terms is intended to limit or exclude liability where and to the extent such limitation or exclusion is prohibited by law. For example, if Australian consumer law implies warranties or imposes obligations that cannot be excluded, our liability for breach of such non-excludable obligations may be limited but not totally excluded, as described under those laws.

However, to the extent that we are allowed to limit our liability, we do so as provided in these Terms. The limitations set forth here shall apply even if any limited remedy fails of its essential purpose. “Fails of its essential purpose” means that even if, for some reason, you are deemed to not have gotten what you bargained for under these Terms, the cap still applies.

Release of Liability: By using the Business Services, you acknowledge and agree that the allocation of risk in these Terms is a fair and essential basis of the bargain between you and Firstbase, and that without such limitations, the fees charged (if any) for the Services would have been higher or Firstbase might not offer the Services.

You specifically acknowledge that Firstbase is not liable for user conduct or user content, and that risk rests with the parties producing or controlling that conduct/content. For example, if a user writes a defamatory comment about your business on our platform, we are not liable for that; however, we may take appropriate action such as removal of the comment once we become aware, as per our policies.

In summary, to the extent permissible by law, Firstbase’s total liability is limited and your remedies are exclusive as set out in these Terms. We encourage you as a business to maintain your own insurance coverage as appropriate for your operations (including general liability, cyber liability, etc.), because Firstbase’s liability to you is limited.

Dispute Resolution

In the unlikely event that a dispute arises between you (the business user) and Firstbase, this section describes how we agree to resolve it. We both want to avoid costly litigation where possible, so we have an informal resolution process and an arbitration agreement (with an option for small claims court in some cases). Please read this section carefully, as it affects your legal rights.

Informal Dispute Resolution

Contact Us First: If you have any concerns or are dissatisfied in any way with our Services, we encourage you to reach out to Firstbase Customer Support at support@firstbaseapp.com before taking any formal action. Often, issues can be resolved quickly through communication. Our team is ready to address billing questions, technical issues, or other concerns.

Notice of Dispute: If we are unable to resolve your issue via regular customer service communication, and you believe a legal dispute is necessary, you agree to engage in an informal dispute resolution process first. This means before filing any claim in court or initiating arbitration, the party seeking to raise a dispute (whether you or Firstbase) will first send a written notice to the other party (“Notice of Dispute”).

If you have a dispute with Firstbase that you wish to formally pursue, you must send your Notice of Dispute by email to support@firstbaseapp.com (and include in the subject line “Dispute Notice – [Your Business Name]”).
If Firstbase has a dispute with you or needs to send you a Notice, we will send it to the email address associated with your business account (or another method of contact you have provided, such as a mailing address, if email is not viable).

Contents of Notice: To be effective, your Notice of Dispute must include the following information: 1. Your Business Details: The full legal name of your business (and any trade name if applicable), and the full name of the individual authorized to represent the business in this matter. Include the email address and phone number associated with your account, and your business’s registered address or principal place of business. 2. Account Identification: Information sufficient for us to identify your account and business on our platform. For example, the email you used to register the account, the business profile name as it appears on Firstbase, and if available, a link or screenshot of your business profile on the Firstbase app. 3. Description of the Dispute: A detailed description of the nature of your claim or dispute. Clearly explain what you believe we did wrong or how we failed to meet our obligations, including relevant dates and any supporting facts. For instance, if your claim involves a billing error, specify the date and amount; if it involves a suspension you believe was unjust, outline the circumstances. 4. Relief Sought: The specific relief or remedy you are asking for. For example, are you seeking a certain amount of money in damages? If so, provide a calculation and explanation for that amount (e.g., “We seek $ for lost profits which we attribute to , calculated as follows: …”). Or, are you seeking a specific action from us (like restoring an account or correcting data)? Spell that out. 5. Signature: A statement that you are sending the Notice in good faith and that the information provided is accurate, signed by you or an authorized representative of your business. If you’re sending via email, an electronic signature or even typing your name at the end can suffice, but you should have authority to bind the business.

If Firstbase sends you a Notice of Dispute, we will similarly state the nature of our dispute, any relevant facts, what relief we seek (e.g., an overdue payment, etc.), and will have it authorized by a company representative.

Good Faith Negotiation: Once a Notice of Dispute is sent, both parties agree to negotiate in good faith to try to resolve the dispute informally. This means: – We will have 60 days from the date the Notice is received to attempt to reach an amicable resolution, unless we mutually agree in writing to extend this time. – During this period, you agree to engage in dialogue with us. This could be via email exchange, phone calls, or video conferences, as appropriate. If we request a teleconference to discuss the issue, you (or a representative with authority to resolve the matter) agree to participate in a timely manner. Similarly, if you request a discussion, we will make a representative available. – Both sides will attempt to understand each other’s positions and explore possible solutions, whether it be a payment, an account reactivation, a clarification of terms, or some other remedy. – All communications during this informal process will be for the purposes of settlement negotiation and are agreed to be confidential and without prejudice (meaning they can’t later be used as evidence by either side if the dispute proceeds, except to show that a party did or did not comply with the informal process).

Requirement to Engage: Completion of this informal dispute resolution process is a prerequisite to initiating any arbitration or court proceeding (other than for small claims as noted below). Neither party may start an arbitration or lawsuit without first giving the other party a timely Notice of Dispute and engaging in good faith negotiations for at least 60 days.

If one party starts a proceeding (arbitration or court) without adhering to this, the other party can inform the arbitrator or court of this requirement. We each agree that the arbitrator or court shall have the authority to enforce the informal dispute resolution process, including by halting or dismissing a proceeding until the process has been completed. For example, if you file an arbitration demand without sending a proper Notice or before 60 days have passed, the arbitrator won’t hear the case until you comply with these steps.

Tolling of Deadlines: The 60-day informal resolution period (or longer, if mutually extended) will not count towards any statute of limitations or other time-related defense. In other words, if the time limit to bring a legal claim would expire during the informal negotiations, both parties agree to extend the deadline such that neither will be prejudiced by the delay necessary to fulfill this dispute resolution condition.

Arbitration Agreement and Small Claims

If we cannot resolve a dispute informally, you and Firstbase agree that any dispute, claim, or controversy arising out of or relating to this Agreement or the use of our Services (a “Dispute”) will be resolved through binding individual arbitration or in small claims court (where applicable), rather than through the traditional court system, with a judge or jury. This section provides details on how arbitration will work and the exceptions (like small claims court).

Scope of Arbitration: The term “Dispute” in this agreement is to be interpreted broadly. It includes any claim or controversy between you and us that arises from or relates to any aspect of our relationship, the content of these Terms, or your use of the Business Services. It covers claims based on any legal theory (contract, tort, statute, fraud, misrepresentation, or any other) and includes claims that may have arisen before you accepted these Terms (for example, related to advertising you placed before, if you’re just now formally agreeing) and claims that may arise after termination of this Agreement.

Arbitration Process: Arbitration is a process where a neutral arbitrator (instead of a judge or jury) decides the dispute. Arbitration is typically more informal, more efficient, and more limited in terms of discovery and appeal than court. By agreeing to arbitrate, we are waiving our right to a trial in court and to have a jury decide our case. However, arbitration decisions are enforceable in court and subject to very limited review.

Opt-Out Option: If we had a clause allowing opt-out, we’d mention it here. (As it stands, to accept these Terms you accept this arbitration agreement. If you strongly prefer not to arbitrate, you should not use the Business Services. We may consider an opt-out if provided in earlier communications, but none is stated here.)

Exceptions – Small Claims and Injunctive Relief: – Small Claims: Either party has the right to bring an individual claim in a small claims court of competent jurisdiction instead of arbitration, as long as the claim falls within the small claims court’s jurisdictional limits (for example, a certain monetary threshold, which in Australia is typically minor). If a claim is properly filed in small claims court, the filing party can choose that route and the dispute will be resolved there instead of in arbitration. Importantly, if the dispute would normally be arbitrated under this agreement, the choice to go to small claims must be made before an arbitrator is formally appointed in an arbitration proceeding. If an arbitration is already underway and an arbitrator appointed, it’s generally too late to opt for small claims. – If one of us demands arbitration and the other prefers small claims, it is up to the small claims court to decide if the case qualifies. If the small claims court cannot adjudicate (due to amount or subject matter), the dispute goes back to arbitration. – If a Dispute is properly filed in small claims court, each party waives the right to demand arbitration for that Dispute, so it will be resolved fully in small claims (unless moved or appealed to a higher court). – Intellectual Property and Injunctive Relief: We should mention if either party can go to court for injunctive relief (like to stop misuse of IP) outside of arbitration. Often, companies carve out the right to go to court to protect intellectual property or confidential information. For example, if you violated our trademark or we misused your brand, one might seek an immediate injunction in court. While this is not explicitly spelled out in the user version, we might clarify: Notwithstanding the above, nothing in this agreement will prevent either you or Firstbase from seeking an injunction or other equitable relief in a court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation, or violation of a party’s intellectual property rights or proprietary information.

Arbitrator’s Authority: The arbitrator, and not any federal, state, or local court or agency, shall have exclusive authority to resolve any dispute relating to the interpretation, applicability, enforceability, or formation of this arbitration agreement (including, for example, any claim that all or part of this arbitration agreement is void or voidable). However, the arbitrator does not have authority to decide or resolve whether a dispute may be heard in small claims court after a case has been assigned to them — that determination as stated above is for the small claims court (or initially for the parties to make via Notice).

The arbitrator is empowered to grant whatever relief would be available in a court under law or in equity, except that the arbitrator cannot award declaratory or injunctive relief to anyone other than the parties in the arbitration. (This is reinforcing individual nature — no public injunctions or class-wide relief). The arbitrator must follow applicable substantive law, and can award the same damages and relief as a court (including legal fees if otherwise allowed by law). The arbitrator’s decision shall be final and binding except for certain limited rights of appeal provided by law.

Class Action Waiver: We should specify that all Disputes will be resolved on an individual basis only. Neither you nor Firstbase can bring a claim as a plaintiff or class member in a class, consolidated, or representative action in arbitration or in court. The arbitrator may not consolidate the claims of multiple parties and may not otherwise preside over any form of a representative or class proceeding. Each party expressly waives the right to participate in class or collective claims (whether in arbitration or otherwise).

If this class action waiver is found to be illegal or unenforceable as to certain parts of a dispute (say, a request for public injunctive relief), then those parts (and only those parts) will be severed and handled by a court, and the remainder of the dispute will still be arbitrated.

Severability of Arbitration Terms: If any portion of this Dispute Resolution section (other than the class action waiver) is found to be unenforceable or illegal, it shall generally not affect the enforceability of the remaining provisions. However, if the class action waiver is found to be unenforceable in a way that allows class or representative arbitration, then the entire arbitration provision shall be null and void for that proceeding.

Location of Arbitration: Likely we need to mention where arbitration would take place. Given governing law is Queensland, possibly arbitration in Australia (maybe Brisbane). But in user terms, they didn’t explicitly detail arbitration provider or rules (like AAA, etc.). That might have been cut off or they use an Australian center. Possibly under ACICA or something. Since the user version omitted it, we might follow suit. If needed: Any arbitration will be conducted in the English language and, unless you and Firstbase agree otherwise, will take place in Brisbane, Queensland, Australia (or another location via mutual agreement or telephonically/online if appropriate). The details of selecting an arbitrator can be according to the rules of some arbitration service. Without specifics, we can say: If the parties cannot agree on an arbitrator, an arbitrator will be appointed pursuant to the procedures of a reputable arbitration institution or as provided by applicable law. But since user text is incomplete, maybe they intentionally left it broad.

Litigation Option if Arbitration Agreement Not Enforceable: In the event that the arbitration agreement is for some reason held unenforceable or not applicable to a Dispute (for instance, if a court rules that it doesn’t cover a particular claim or that the whole arbitration clause is void), then the section below regarding choice of forum (courts in Queensland) will apply. Specifically, except for matters that can be brought in small claims court as noted, any litigation between you and Firstbase must be brought in the courts of the State of Queensland, Australia (see Governing Law and Venue below).

By agreeing to these Terms, you acknowledge that you have read and understood this arbitration agreement and are knowingly waiving the right to a trial by jury or to participate in a class action for any Dispute, except as provided above.

Governing Law and Venue

Governing Law: This Agreement and any Dispute between you and Firstbase shall be governed by and construed in accordance with the laws of the State of Queensland, Australia, without giving effect to any conflict of law principles that would cause the laws of another jurisdiction to apply.

If you are using the Business Services outside of Australia (despite the service being intended for Australia-only use), you understand and agree that Australian law will apply to the maximum extent permitted by local law. We note, however, that nothing in this clause will supersede any rights or protections you may have under mandatory provisions of law in your country of residence if those laws apply (for example, certain consumer protection laws might still apply to you if you are deemed a consumer and it’s mandatory, though as a business user this is less likely to be relevant).

Jurisdiction and Venue: Except where arbitration is required above or claims can be brought in small claims court, any disputes arising out of or in connection with this Agreement that proceed in court shall be exclusively brought in the state or federal courts located in Queensland, Australia. Specifically, unless otherwise agreed, the courts located in the City of Brisbane, Queensland will be the proper venue for the resolution of such disputes.

Both you and Firstbase consent to the exercise of personal jurisdiction by these courts. This means: – You agree that these courts have authority over you for the purpose of litigating any disputes that are not subject to arbitration or small claims (such as if the arbitration clause is deemed unenforceable or if a court action is needed to enforce an arbitration award, etc.). – If you are a business operating outside Queensland or Australia, you waive any arguments that Brisbane, Queensland is an inconvenient forum or that you are not subject to the jurisdiction of Queensland courts. (Of course, if mandatory law in your area gives you the right to sue in your home country for certain issues, that might override this. But we assume business users will generally need to come to Queensland for disputes.)

Service of Process: You agree that we may notify or serve you with process for any court action at the address (physical or email) associated with your account, and you consider such service effective. (Formal service by mail or as per the Hague Convention may also be done when necessary.)

Continued Applicability: This Governing Law and Venue clause will continue to apply even after termination of your account or relationship with Firstbase. It also applies even if you never officially used the Services but somehow have a dispute with us relating to them.

Finally, note that the United Nations Convention on Contracts for the International Sale of Goods does not apply to this Agreement. (This is a standard clause in some agreements to avoid a particular international law from applying by default; likely irrelevant here but included for completeness.)

Indemnity by Business User

Your Indemnification Obligation: You agree to indemnify, defend, and hold harmless Firstbase, its parent company (if applicable), affiliates, and their and our respective officers, directors, employees, agents, and partners (collectively, the “Indemnified Parties”) from and against any and all complaints, claims, demands, causes of action, losses, damages, liabilities, judgments, and expenses (including legal fees and costs) arising out of, related to, or in connection with: – Your Content: Any content that you submit, post, or share through our Services. This means if someone else (for example, a user or another business) claims that Your Content infringes their rights (like copyright or trademark) or has caused them damage (for example, a defamation claim or privacy breach), you will cover the costs and damages that the Indemnified Parties suffer as a result. – Your Use of the Services: Your activities on the Firstbase platform and business portal. If you misuse the platform or engage in actions that lead to a claim (for instance, you collect user data and misuse it, leading to a regulatory fine or user lawsuit against us), you will indemnify us. – Your Conduct and Interactions: This includes the way you conduct business with users or others through the platform. If any user, customer, or third party brings a claim against Firstbase due to something you did or failed to do in connection with a deal or interaction initiated on Firstbase, you will take responsibility. For example, if a user claims they were injured at your venue or that you failed to honor an advertised promotion, and they sue Firstbase for whatever reason, you agree to indemnify us for that. – Your Products/Services: Any claims related to the products or services your business provides. Firstbase is just the advertising platform; if there’s any liability arising from the actual experience or goods you provide (like a customer getting sick from your food, or an event you hosted causing harm), and somehow Firstbase is named or drawn into it, you indemnify us. – Breach of Agreement: Any breach or alleged breach by you of these Terms or of any representations or warranties you have made in this Agreement. If you violate any provision (like using content you didn’t have rights to, or not complying with applicable law as required) and that causes us to face a claim or expense, you will cover our costs. – Violation of Law: Any claim that your actions (through our platform or in your business) violated any law or regulation (for example, consumer protection laws, privacy laws, anti-spam laws, etc.), to the extent such claim is brought against Firstbase for being connected to you. – Misconduct or Negligence: Any other claims arising from your willful misconduct or negligence in connection with your use of the Business Services or your dealings with Firstbase or app users.

Procedure: If any Indemnified Party receives notice of any claim or legal action to which this indemnity may apply, we will promptly notify you of that claim (to the extent we are aware of it). However, any failure to notify you promptly will not excuse you from your indemnity obligations, except to the limited extent that the delay materially prejudices your ability to defend the claim.

You will then be expected to assume the defense of the claim at your own cost. This means you will hire and pay for lawyers acceptable to the Indemnified Party (reasonable acceptance, not to be unreasonably withheld) to defend against the claim. You may not agree to any settlement that imposes any liability or obligation on Firstbase or any other Indemnified Party without our prior written consent. We have the right to approve any settlement (especially if it involves us doing or paying anything or admitting wrongdoing).

We (the Indemnified Parties) reserve the right, at our own expense, to participate in the defense of any matter subject to indemnification by you, and if we choose to do so, you agree to cooperate with our counsel. If there is a conflict of interest between you and us in a claim, or if we separately want our own counsel, we can engage separate counsel at our expense (without limiting your obligations to continue defending and indemnifying).

Full Indemnification: Your indemnification obligations are intended to be as broad and inclusive as permitted by law. However, if any part of this indemnity is found to violate the law or public policy in a given situation (for example, some jurisdictions do not allow one party to indemnify another for that other’s own certain wrongdoing), then the indemnity will be enforced to the maximum extent permissible.

This indemnity obligation survives termination of your business account or cessation of use of the Services. This means even if you delete your account or stop advertising with us, if a claim arises later related to your prior use, you still have to indemnify us.

In summary, you are responsible for your actions and content on Firstbase. If those actions or content cause us to be sued or penalized, you will step in and protect us, including covering any costs and fees.

Goods and Services Tax (GST)

This section addresses the application of Goods and Services Tax (GST) to any payments under this Agreement, for our Australian business context. It outlines how GST is handled in pricing and invoicing.

For purposes of this section, “GST Act” refers to the A New Tax System (Goods and Services Tax) Act 1999 (Cth), as amended. Terms used in this section that are defined in the GST Act (such as “GST,” “supply,” “tax invoice,” etc.) have the same meanings here.

Prices Exclusive of GST: Unless expressly stated otherwise, all fees and charges set out in this Agreement (or on our platform or invoices) are exclusive of GST. If GST is or becomes payable on any supply we make to you under or in connection with this Agreement, the amount you must pay for that supply is increased by the amount of GST. In other words, you agree to pay an additional amount equal to the GST applicable, on top of the agreed price for the supply.

For example, if the subscription fee is listed as AUD $100 per month and that amount is stated to be GST exclusive, and if GST at the rate of 10% is applicable, you will pay $100 + $10 (GST) = $110 in total.

GST Calculations: The additional GST amount will be calculated at the rate of GST in effect at the time the supply is made. If the GST rate changes (either increases or decreases), the payments under this Agreement will be adjusted accordingly to reflect the new rate. We will not double-charge you if some other tax is reduced as a result of a GST rate change.
Tax Invoices: Firstbase will provide you with a valid tax invoice (or adjustment note, as applicable) for any taxable supply made under this Agreement. Typically, our receipts or invoices will indicate the amount of GST. We will endeavor to issue the tax invoice at or before the time when payment is due (or as soon as practicable thereafter). The tax invoice will meet the requirements of Australian tax law (showing our ABN, the GST amount, etc.). In some cases, if allowed by law, we might issue a recipient created tax invoice (RCTI) – this is more common in situations where the recipient of the supply (you) issues the invoice on our behalf, but that likely does not apply here unless specifically arranged.
GST Liability: As the supplier, Firstbase is responsible for remitting any GST collected from you to the Australian Taxation Office (ATO). As the recipient (you), your obligation is to pay the proper GST gross-up on our fees as described. If for some reason GST is incorrectly applied or not applied, both parties agree to work together in good faith to correct the situation (issuing adjustment notes, refunds, or additional payments if needed) consistent with the GST Act.
Reimbursements or Indemnities: If you are required to reimburse or indemnify Firstbase for any cost, expense, or liability (“Cost”) under this Agreement, and we have incurred GST on that Cost, the amount you must reimburse shall include the GST portion of that Cost (except to the extent we are entitled to claim an input tax credit for that GST). This ensures we are made whole for any tax we cannot recover.

Essentially, the aim of this clause is to ensure that the amounts we charge are net amounts, and any applicable GST is added on and paid by you, so that we aren’t out of pocket for tax.

Example: If we charge $1,000 for a service and it’s subject to GST, you pay $1,000 + $100 GST = $1,100. We then remit $100 to the tax authorities. If GST rates change to 12%, and the service is still $1,000 net, you’d pay $1,000 + $120 = $1,120, and we’d remit $120, etc.

By agreeing to these Terms, you acknowledge that you understand your GST obligations. If you are GST-registered, you can claim input tax credits for GST paid, subject to the usual rules. You should consult your accountant or tax adviser for advice specific to your situation.

Acceptance of Terms

By creating a business account or otherwise using the Firstbase Business Services (whether via mobile application, web browser, or any other platform), you confirm that you accept and agree to be bound by the following:

This Terms of Use Agreement: These Terms form a legally binding agreement between you and Firstbase. By agreeing electronically (for example, clicking “I Agree” or simply using the Services after being presented with these Terms), you are consenting to this Agreement.
Incorporated Policies: You also agree to adhere to our Privacy Policy and Cookie Policy (and any other policies specifically referenced in these Terms or presented to you in the course of using the Services, such as any Advertising Guidelines or community standards for content, if applicable). These policies are incorporated by reference into this Agreement, meaning they are legally part of the Agreement.
Additional Terms Upon Purchase: If you purchase any features, products, or services from Firstbase that come with additional terms (for example, a special promotion or a premium service with its own set of terms, here referred to as “Additional Terms Upon Purchase”), you agree to those additional terms, which are also incorporated into this Agreement by reference. In the event of a direct conflict between these Terms and any Additional Terms, the Additional Terms (for that specific product or feature) will govern to the extent of the conflict.
Updates and Amendments: As stated earlier, we may amend this Agreement from time to time. By continuing to use the Services after we provide notice of changes, you agree to be bound by the updated Terms.

If you do NOT accept and agree to all of the provisions of this Agreement (as updated from time to time), you are not authorized to use the Firstbase Business Services and must discontinue any use of them immediately.

All references to “you” in this Agreement apply equally to your business as an entity and to you as an individual using the account on behalf of the business. All references to “use of the Services” include accessing the business portal, maintaining a business profile, posting any content, or in any way interacting with the platform’s business-related functionalities.

Pronouns and Interpretation: In this Agreement, words in the singular include the plural and vice versa. Any gendered pronouns (he/she/they) are used for convenience and are intended to be gender-neutral. The headings in this Agreement are for reference only and do not affect interpretation. The words “including” or “for example” shall be read as “including, without limitation”.

By accepting this Agreement, you also represent that you have the authority to bind the business or entity on whose behalf you are using the Services (if not using as a sole trader). If you later change the structure of your business (e.g., you incorporate or sell the business), you must ensure that the new entity or owner also consents to these Terms if they continue to use the Services (see Entire Agreement regarding transfer/assignment).

Entire Agreement

This Agreement, along with any documents or policies incorporated by reference, constitutes the entire agreement between you and Firstbase regarding your use of the Business Services, and supersedes and extinguishes all prior or contemporaneous agreements, promises, assurances, warranties, representations, negotiations, or understandings (whether written or oral) between us relating to its subject matter.

No Other Representations: You acknowledge that in entering into this Agreement, you have not relied on any statement, representation, warranty, or understanding (whether negligently or innocently made) of any person (including Firstbase, any of our employees, or any third party) other than as expressly set out in this Agreement. Any examples or marketing materials we provided are for illustration, and the Agreement itself is what governs your relationship with us.

Severability: If any provision of this Agreement is held by a court or arbitrator of competent jurisdiction to be invalid, illegal, or unenforceable for any reason, that provision shall be eliminated or limited to the minimum extent such that the remainder of the Agreement will continue in full force and effect. In other words, the invalid part will be severed, and the rest of the Agreement remains valid and enforceable. For example, if a court finds that a part of the Limitation of Liability is not enforceable, the rest of that section and the Agreement would still stand.

Waiver: No failure or delay by Firstbase in exercising any right, power, or privilege under this Agreement shall operate as a waiver of that right or any other provision. Similarly, no single or partial exercise of a right or remedy precludes further exercise of any other right or remedy. Our failure to enforce any part of this Agreement is not a waiver of our right to enforce it later. Any waiver of any provision of this Agreement will be effective only if in writing and signed by an authorized representative of Firstbase.

Assignment: You may not assign or transfer any of your rights or obligations under this Agreement without our prior written consent. This means your business account is personal to your business and cannot simply be given or sold to another entity. For instance, if you sell your venue to new owners, they will need to enter into a new agreement with us for a new account (though we’d be happy to facilitate a smooth transition, our consent would be needed to transfer the account). Firstbase, however, may assign or transfer this Agreement or any of its rights or obligations herein at any time without your consent. For example, if Firstbase is involved in a merger, acquisition, or sale of assets, or if the operations of the Business Services are transferred to an affiliate or a third party, this Agreement may be assigned to that successor entity so that the Services can continue. We will provide notice to you of any such assignment if it materially affects the Services.

Relationship of Parties: Nothing in this Agreement is intended to, or shall be deemed to, establish any partnership, joint venture, employment, franchise, or agency relationship between you and Firstbase. We are independent contractors. You do not have any authority to act as our agent or bind Firstbase in any way, and vice versa. For example, you cannot make statements as if Firstbase is endorsing your business beyond the factual statement that you’re on our platform, and you can’t sign any contract or make representations on behalf of Firstbase.

Force Majeure: (Not explicitly in user version, but often included) Firstbase will not be liable for any delay or failure in performance of the Services arising out of any cause beyond Firstbase’s reasonable control, such as acts of God, war, terrorism, cyber attacks by third parties, riots, embargoes, acts of civil or military authorities, fire, floods, accidents, network infrastructure failures, or shortages of transportation, facilities, fuel, energy, labor, or materials.

Notices: Any notices or other communications given by Firstbase under this Agreement (aside from routine operational communications) will be given: via email (to the address associated with your account), via posting on the business portal, or via certified mail to your provided business address. Notices to Firstbase must be sent via email to support@firstbaseapp.com or via registered mail to our official business address (as listed on our website), Attn: Legal Department.

Language: This Agreement is in the English language, and all services, support, and dispute resolution shall be conducted in English. If we provide a translation of this Agreement, it is for convenience only, and the English version will prevail in case of any conflict or ambiguity.

By clicking “Accept” or using the Business Services, you acknowledge that you have read, understood, and agree to all the terms and conditions above.

Firstbase App Users

Terms of Use Agreement

Effective on 05/10/2024

We have included brief summaries at the beginning of each section to make it easier for you to read and understand this agreement. The summaries do not replace the text of each section, and you should still read each section in its entirety.

This application is only available for subscription in the country of Australia. These terms only apply for use within this country.

1. INTRODUCTION

By accessing or using Firstbase’s Services, you agree to be bound by this Terms of Use Agreement (“Terms” or “Agreement”) including our Privacy Policy, Cookie Policy, Member Principles and Safety Dating Tips, so it is important that you read the entire Agreement and these additional policies and procedures carefully before you create an account.

We may update the Terms from time to time. We may require you to update your profile or agree the new Terms when we do this.

Welcome to Firstbase TM, owned by under exclusive licence by Firstbase App Pty Ltd (“Firstbase”, “Us”, or “We”, or “Our” or “the Company”). As used in this Agreement, the terms “Firstbase,” “Us,” “We,” the “Company”, and “our” shall refer to the corporate entity of Firstbase as appropriate. Together you and Firstbase may be referred to as the “Parties” or separately as “Party.”

By accessing or using our Services on www.firstbase.com.au (the “Website”), the Firstbase mobile application (the “App”), or any other platforms or services we may offer (collectively, the “Service” or our “Services”), you agree to, and are bound by this Agreement. This Agreement applies to anyone who accesses or uses our Services, regardless of registration or subscription status.

Your access and use of our Services is also subject to the Privacy Policy, Cookie Policy, Member Principles and Safety Dating Tips [insert links] and any terms disclosed and agreed to by you when you purchase additional features, products, or services from Firstbase (“Additional Terms Upon Purchase”), which are incorporated into this Agreement by reference. If you do not wish to be bound by this Agreement, do not access or use our Services.

We reserve the right to modify, amend, or change the Terms at any time. Notice of any material change will be posted on this page with an updated effective date. In certain circumstances, we may notify you of a change to the Terms via email or other means; however, you are responsible for regularly checking this page for any changes. Your continued access or use of our Services constitutes your ongoing consent to any changes, and as a result, you will be legally bound by the updated Terms. If you do not accept a change to the Terms, you must stop accessing or using our Services immediately.

2. ACCOUNT ELIGIBILITY & YOUR RESPONSIBILITIES

Before you create an account on Firstbase, make sure you are eligible to use our Services. This Section also details what you can and can’t do when using the Services, as well as the rights you grant us.

You are not authorised to create an account or use the Services unless all of the following are true, and by using our Services, you represent and warrant that:

You are at least 18 years old;
You are legally qualified to enter a binding contract with Firstbase;
You are seeking a meaningful relationship.
You are not located in the Commonwealth of Australia;
You are not on any list of individuals prohibited from conducting business with the Commonwealth of Australia;
You are not prohibited by law from using our services;
You have not committed, been convicted of, or pled no contest to a felony or indictable offence (or crime of similar severity), a sex crime, or any crime involving violence or a threat of violence and we have not determined that you are not likely to pose a threat to other users of our Services;
You are not required to register as a sex offender with any state or federal sex offender registry;
You do not have more than one account on our Services; and
You have not previously been removed from our Services or our affiliates’ services by us or our affiliates, unless you have our express written permission to create a new account.

If at any time you cease to meet these requirements, all authorisation to access our Services or systems is automatically revoked, and you must immediately delete your account, and we retain the right to remove your access to our Services without warning being provided to you.

We rely on the honesty of Members to comply with the above representations as we do not have consent or permission to conduct any searches to verify the identity or Members or to independently assess whether these representations are true. We accept no liability or harm that may be caused to you by relying on Members representations that these warranties are true.

You agree to:

Comply with these Terms, and check this page from time to time to ensure you are aware of any changes;
Comply with all applicable laws, including without limitation, privacy laws, intellectual property laws, anti-spam laws, and regulatory requirements;
Use the latest version of the Website and/or App;
Treat other users in a courteous and respectful manner, both on and off our Services and abide by our member Principles;
Be respectful when communicating with any of our customer care representatives or other employees;
Review the Dating Safety Tips Imsafe.app ; and
Maintain a strong password and take reasonable measures to protect the security of your login information.
Present yourself respectfully and authentically by adding at least one photo that shows your face.

You agree that you will not:

Misrepresent your identity, age, current or previous positions, qualifications, or affiliations with a person or entity;
Use the Services in a way that damages the Services or prevents their use by other users;
Use our Services in a way to interfere with, disrupt or negatively affect the platform, the servers, or our Services’ networks;
Use our Services for any harmful, illegal, or nefarious purpose;
Harass, bully, stalk, intimidate, assault, defame, harm or otherwise mistreat any person;
Post or share Prohibited Content (see below);
Solicit passwords for any purpose, or personal identifying information for commercial or unlawful purposes from other users or disseminate another person’s personal information without his or her permission;
Solicit money or other items of value from another user, whether as a gift, loan, or form of compensation;
Use another user’s account;
Use our Services in relation to fraud, a pyramid scheme, or other similar practice; or
Violate the terms of the license granted to you by Firstbase (see Section 6 below).
Disclose private or proprietary information that you do not have the right to disclose;
Copy, modify, transmit, distribute, or create any derivative works from, any Member Content or Our Content, or any copyrighted material, images, trademarks, trade names, service marks, or other intellectual property, content or proprietary information accessible through our Services without Firstbase’s prior written consent;
Express or imply that any statements you make are endorsed by Firstbase;
Use any robot, crawler, site search/retrieval application, proxy or other manual or automatic device, method or process to access, retrieve, index, “data mine,” or in any way reproduce or circumvent the navigational structure or presentation of our Services or its contents;
Upload viruses or other malicious code or otherwise compromise the security of our Services;
Forge headers or otherwise manipulate identifiers to disguise the origin of any information transmitted to or through our Services;
“Frame” or “mirror” any part of our Services without Firstbase’s prior written authorization;
Use meta tags or code or other devices containing any reference to Firstbase or the platform (or any trademark, trade name, service mark, logo or slogan of Firstbase) to direct any person to any other website for any purpose;
Modify, adapt, sublicense, translate, sell, reverse engineer, decipher, decompile or otherwise disassemble any portion of our Services, or cause others to do so;
Use or develop any third-party applications that interact with our Services or Member Content or information without our written consent;
Use, access, or publish the Firstbase application programming interface without our written consent;
Probe, scan or test the vulnerability of our Services or any system or network;
Encourage, promote, or agree to engage in any activity that violates these Terms; or
Create a new account after we suspend or terminate your account, unless you receive our express permission.

The license granted to you under these Terms and any authorisation to access the Services is automatically revoked in the event that you do any of the above.

“Prohibited Content” — Firstbase prohibits uploading or sharing content that:

Could reasonably be deemed to be offensive or to harass, upset, embarrass, alarm or annoy any other person;
Is obscene, pornographic, violent or otherwise may offend human dignity, or contains nudity;
Is abusive, insulting or threatening, discriminatory or that promotes or encourages racism, sexism, hatred or bigotry;
Encourages or facilitates any illegal activity including, without limitation, terrorism, inciting racial hatred or the submission of which in itself constitutes committing a criminal offence;
Is defamatory, libellous, or untrue;
Relates to commercial activities of any nature (including, without limitation, sales, competitions, promotions, and advertising, solicitation for services, “sugar daddy” or “sugar baby” relationships, links to other websites or premium line telephone numbers);
Involves the transmission of “junk” mail or “spam”;
Contains any spyware, adware, viruses, corrupt files, worm programs or other malicious code designed to interrupt, damage or limit the functionality of or disrupt any software, hardware, telecommunications, networks, servers or other equipment, Trojan horse or any other material designed to damage, interfere with, wrongly intercept or expropriate any data or personal information whether from Firstbase or otherwise;
Infringes upon any third party’s rights of any nature (including, without limitation, intellectual property rights and privacy rights);
Was not written by you or was automatically generated, unless expressly authorised by Firstbase;
Includes the image or likeness of another person without that person’s consent (or in the case of a minor, the minor’s parent or guardian), or is an image or likeness of a minor unaccompanied by the minor’s parent or guardian;
Is inconsistent with the intended use of the Services; or
May harm the reputation of Firstbase or its affiliates.

The uploading or sharing of content that violates these Terms (“Prohibited Content”) may result in the immediate suspension or termination of your account without being provided to you.

3. CONTENT

It is important that you understand your rights and responsibilities with regard to the content on our Services, including any content you provide or post. You are expressly prohibited from posting inappropriate content.

While using our Services, you will have access to:

Your Content being content that you upload or provide while using our Services;
Member Content being content that other users upload or provide while using our Services; and
Our Content being content that Firstbase provides on and through our Services.

In this agreement, “content” includes, without limitation, all text, images, video, audio, or other material on our Services, including information on users’ profiles and in direct messages between users.

YOUR CONTENT

You are responsible for Your Content. Don’t share anything that you wouldn’t want others to see, that would violate this Agreement, or that may expose you or us to legal liability.

You are solely responsible and liable for Your Content, and, therefore, you agree to indemnify, defend, release, and hold us harmless from any claims made in connection with Your Content.

You represent and warrant to us that the information you provide to us or any other user is accurate, including any information submitted through Facebook or other third-party sources (if applicable), and that you will update your account information as necessary to ensure its accuracy.

The content included on your individual profile should be relevant to the intended use of our Services. You may not display any personal contact or banking information, whether in relation to you or any other person (for example, names, home addresses or postcodes, telephone numbers, email addresses, URLs, credit/ debit card or other banking details). If you choose to reveal any personal information about yourself to other users, you do so at your own risk. We accept no liability for you sharing personal or sensitive information online. We encourage you to use caution in disclosing any personal information online.

Your individual profile will be visible to other people around the world, so be sure that you are comfortable sharing Your Content before you post. You acknowledge and agree that Your Content may be viewed by other users, and, notwithstanding these Terms, other users may share Your Content with third parties. By uploading Your Content, you represent and warrant to us that you have all necessary rights and licenses to do so and automatically grant us a license to use Your Content as provided under Section 7 below.

You understand and agree that we may monitor or review Your Content, and we have the right to remove, delete, edit, limit, or block or prevent access to any of Your Content at any time in our sole discretion. Furthermore, you understand agree that we have no obligation to display or review Your Content.

MEMBER CONTENT

While you will have access to Member Content, it is not yours and you may not copy or use Member Content for any purpose except as contemplated by these Terms.

Other users will also share content on our Services. Member Content belongs to the user who posted the content and is stored on our servers and displayed at the direction of that user.

You do not have any rights in relation to Member Content, and, unless expressly authorised by Firstbase, you may only use Member Content to the extent that your use is consistent with our Services’ purpose of allowing use to communicate with and meet one another. You may not copy the Member Content or use Member Content for commercial purposes, to spam, to harass, or to make unlawful threats. We reserve the right to terminate your account if you misuse Member Content. We have no control over the publication of Member Content. We will use reasonable endeavours to remove Member Content where it is offensive, however we accept no liability to you for any harm, offence or loss that may be caused to you by offensive or false Member Content.

OUR CONTENT

Firstbase owns all other content on our Services.

Any other text, content, graphics, user interfaces, trademarks, logos, sounds, artwork, images, and other intellectual property appearing on our Services is owned, controlled or licensed by us and protected by copyright, trademark and other intellectual property law rights. All rights, title, and interest in and to Our Content remains with us at all times.

We grant you a limited license to access and use Our Content as provided under Section 6 below, and we reserve all other rights.

4. INAPPROPRIATE CONTENT & MISCONDUCT & REPORTING

Firstbase does not tolerate inappropriate content or behaviour on our Services.

We are committed to maintaining a positive and respectful community, and we do not tolerate any inappropriate content or misconduct, whether on or off of the Services (including, but not limited to, on services operated by our affiliates). We encourage you to report any inappropriate Member Content or misconduct by other users. You can report a user directly by tapping the three dots in the top right of any profile and selecting “Report”. You may also submit a report by clicking As described in our Privacy Policy, we may share data between our affiliates for the safety and security of our users and may take necessary actions if we believe you have violated these Terms, including banning you from our Services and/or our affiliates’ services, and/or preventing you from creating new accounts. You understand and agree that we may not share information with you regarding your account if doing so would potentially impair the safety or privacy of our other users.

5. PRIVACY

Privacy is important to us. We have a separate policy about it that you should read.

For information about how we and our affiliates collect, use, and share your personal data, please read our Privacy Policy, By using our Services, you agree that we may use your personal data in accordance with our Privacy Policy, firstbaseapp.com.

6. RIGHTS YOU ARE GRANTED BY FIRSTBASE

Firstbase grants you the right to use and enjoy our Services, subject to these Terms.

For as long as you comply with these Terms, Firstbase grants you a personal, worldwide, royalty-free, non-assignable, non-exclusive, revocable, and non- sub-licensable license to access and use our Services for purposes as intended by Firstbase and permitted by these Terms and applicable laws. This license and any authorisation to access the Service are automatically revoked in the event that you fail to comply with these Terms.

7. RIGHTS YOU GRANT FIRSTBASE

You own all of the content you provide to Firstbase, but you also grant us the right to use Your Content as provided in this Agreement.

By creating an account, you grant to Firstbase a worldwide, perpetual, transferable, sub-licensable, royalty-free right and license to host, store, use, copy, display, reproduce, adapt, edit, publish, translate, modify, reformat, incorporate into other works, advertise, distribute and otherwise make available to the general public Your Content, including any information you authorise us to access from Facebook or other third- party sources (if applicable), in whole or in part, and in any way and in any format or medium currently known or developed in the future. Firstbase’s license to Your Content shall be non-exclusive, except that Firstbase’s license shall be exclusive with respect to derivative works created through use of our Services. For example, Firstbase would have an exclusive license to screenshots of our Services that include Your Content.

In addition, so that Firstbase can prevent the use of Your Content outside of our Services, you authorise Firstbase to act on your behalf with respect to infringing uses of Your Content taken from our Services by other users or third parties.

In consideration for Firstbase allowing you to use our Services, you agree that we, our affiliates, and our third-party partners may place advertising on our Services. By submitting suggestions or feedback to Firstbase regarding our Services, you agree that Firstbase may use and share feedback for any purpose without compensating you.

You agree that Firstbase may access, preserve, and disclose your account information, including Your Content, if required to do so by law or upon a good faith belief that such access, preservation, or disclosure is reasonably necessary to: (i) comply with legal process; (ii) enforce these Terms; (iii) respond to claims that any content violates the rights of third parties; (iv) respond to your requests for customer service; or (v) protect the rights, property or personal safety of the Company or any other person.

The Firstbase application includes a feature called “BaseSafe” ®. BaseSafe allows you to nominate the contact name and mobile phone number of a trusted friend (or trusted friends) of the Member and by doing this the trusted friend/s will receive an SMS from the Firstbase app confirming that you are on a date and the location and timing of the date. Firstbase requires you to have the consent of your trusted friend/friends to provide to us and to regularly update this information so that it is correct at all times. BaseSafe is an additional security feature for the Firstbase app. However we cannot guarantee that it will provide you with any additional safety or protection. BaseSafe is a communication tool only and it is only effective in enhancing your safety if this tool is used appropriately. Firstbase cannot guarantee that BaseSafe any enhanced protection to the Member using this feature.

8. PURCHASES & AUTOMATICALLY RENEWING SUBSCRIPTIONS

You will have the opportunity to purchase products and services from Firstbase. If you purchase a subscription, it will automatically renew—and you will be charged—until you cancel.

Firstbase may offer products and services for purchase through iTunes, Google Play or other external services authorized by Firstbase (each, an “External Service,” and any purchases made thereon, an “External Service Purchase”). Firstbase may also offer products and services for purchase via credit card or other payment processors on the Website or inside the App (“Internal Purchases”). If you purchase a subscription, it will automatically renew until you cancel, in accordance with the terms disclosed to you at the time of purchase, as further described below. If you cancel your subscription, you will continue to have access to your subscription benefits until the end of your subscription period, at which point it will expire.

Because our Services may be utilized without a subscription, cancelling your subscription does not remove your profile from our Services. If you wish to fully terminate your membership, you must terminate your membership as set forth in Section 9.

EXTERNAL SERVICE PURCHASES & SUBSCRIPTIONS

External Service Purchases, including subscriptions, may be processed through the External Service, in which case those purchases must be managed through your External Service Account. Subscriptions automatically renew until you cancel.

When making a purchase on the Service, you may have the option to pay through an External Service, such as with your Apple ID or Google Play account (“your External Service Account”), and your External Service Account will be charged for the purchase in accordance with the terms disclosed to you at the time of purchase and the general terms applicable to your External Service Account. Some External Services may charge you sales tax, depending on where you live, which may change from time to time.

If your External Service Purchase includes an automatically renewing subscription, your External Service Account will continue to be periodically charged for the subscription until you cancel. After your initial subscription commitment period, and again after any subsequent subscription period, the subscription will automatically continue for the price and time period you agreed to when subscribing.

To cancel a subscription: If you do not want your subscription to renew automatically, or if you want to change or terminate your subscription, you must log in to your External Service Account and follow instructions to manage or cancel your subscription, even if you have otherwise deleted your account with us or if you have deleted the App from your device. For example, if you subscribed using your Apple ID, cancellation is handled by Apple, not Firstbase. To cancel a purchase made with your Apple ID, go to Settings > iTunes & App Stores > [click on your Apple ID] > View Apple ID > Subscriptions, then find your Firstbase subscription and follow the instructions to cancel. You can also request assistance at https://getsupport.apple.com. Similarly, if you subscribed on Google Play, cancellation is handled by Google. To cancel a purchase made through Google Play, launch the Google Play app on your mobile device and go to Menu > My Apps > Subscriptions, then find your Firstbase subscription and follow the instructions to cancel. You can also request assistance at https://play.google.com. If you cancel a subscription, you may continue to use the cancelled service until the end of your then-current subscription term. The subscription will not be renewed when your then-current term expires.

If you are having difficulties then please email: support@firstbaseapp.com

If you initiate a chargeback or otherwise reverse a payment made with your External Service Account, Firstbase may terminate your account immediately in its sole discretion. Firstbase will retain all funds charged to your External Service Account until you cancel your subscription through your External Service Account. Certain users may be entitled to request a refund.

INTERNAL PURCHASES & SUBSCRIPTIONS

Internal Purchases, including subscriptions, are processed using the Payment Method you provide on the Website or App. Subscriptions automatically renew until you cancel.

If you make an Internal Purchase, you agree to pay the prices displayed to you for the Services you’ve selected as well as any sales or similar taxes that may be imposed on your payments (and as may change from time to time), and you authorize Firstbase to charge the payment method you provide (your “Payment Method”). Firstbase may correct any billing errors or mistakes even if we have already requested or received payment. If you initiate a chargeback or otherwise reverse a payment made with your Payment Method, Firstbase may terminate your account immediately in its sole discretion, on the basis that you have determined that you do not want a Firstbase subscription. In the event that your chargeback or other payment reversal is overturned, please contact Customer Service at support@firstbaseapp.com.

If your Internal Purchase includes an automatically renewing subscription, your Payment Method will continue to be periodically charged for the subscription until you cancel. After your initial subscription commitment period, and again after any subsequent subscription period, your subscription will automatically continue for the price and time period you agreed to when subscribing, until you cancel.
To cancel a subscription, log in to the Website or App and go to the Settings tool. If you cancel a subscription, you may continue to use the cancelled service until the end of your then-current subscription term. The subscription will not be renewed when your then-current term expires.

To cancel a subscription, you can (1) log in to the Website or App and go to the Settings page, and then click on “Subscriptions”, and follow the instructions to downgrade; or (2) open the Android App and go to the Settings page, then click on Purchases and follow the instructions to downgrade. If you cancel a subscription, you may continue to use the cancelled service until the end of your then-current subscription term. The subscription will not be renewed when your then-current term expires.

You may edit your Payment Method information by using the Settings tool. If a payment is not successfully processed, due to expiration, insufficient funds, or otherwise, you remain responsible for any uncollected amounts and authorise us to continue billing the Payment Method, as it may be updated. This may result in a change to your payment billing dates.

In addition, you authorise us to obtain updated or replacement expiration dates and card numbers for your credit or debit card as provided by your credit or debit card issuer. The terms of your payment will be based on your Payment Method and may be determined by agreements between you and the financial institution, credit card issuer, or other provider of your chosen Payment Method. Certain users may be entitled to request a refund.

VIRTUAL ITEMS

Virtual items are non-refundable and subject to certain conditions.

From time to time, you may have the opportunity to purchase a limited, personal, non-transferable, non-sub-licensable, revocable license to use or access special limited-use features (“Virtual Item(s)”) from Firstbase. You may only purchase Virtual Items from us or our authorised partners through our Services. Virtual Items represent a limited license right governed by this Agreement, and, except as otherwise prohibited by applicable law, no title or ownership in or to Virtual Items is being transferred or assigned to you. This Agreement should not be construed as a sale of any rights in Virtual Items.

Any Virtual Item balance shown in your account does not constitute a real-world balance or reflect any stored value, but instead constitutes a measurement of the extent of your license. Virtual Items do not incur fees for non-use; however, the license granted to you in Virtual Items will terminate in accordance with the terms of this Agreement, on the earlier of when Firstbase ceases providing our Services, or your account is otherwise closed or terminated.

Firstbase, in its sole discretion, reserves the right to charge fees for the right to access or use Virtual Items and/or may distribute Virtual Items with or without charge. Firstbase may manage, regulate, control, modify, or eliminate Virtual Items at any time, including taking actions that may impact the perceived value or purchase price, if applicable, of any Virtual Items. Firstbase shall have no liability to you or any third party in the event that Firstbase exercises any such rights. The transfer of Virtual Items is prohibited, and you shall not sell, redeem, or otherwise transfer Virtual Items to any person or entity. Virtual Items may only be redeemed through our Services.

ALL PURCHASES AND REDEMPTIONS OF VIRTUAL ITEMS MADE THROUGH OUR SERVICES ARE FINAL AND NON-REFUNDABLE. YOU ACKNOWLEDGE THAT FIRSTBASE IS NOT REQUIRED TO PROVIDE A REFUND FOR ANY REASON, AND THAT YOU WILL NOT RECEIVE MONEY OR OTHER COMPENSATION FOR UNUSED VIRTUAL ITEMS WHEN AN ACCOUNT IS CLOSED, WHETHER SUCH CLOSURE WAS VOLUNTARY OR INVOLUNTARY.

REFUNDS

Generally, all purchases are non-refundable.

Generally, all purchases are final and non-refundable, and there are no refunds or credits for partially used periods, except if the laws applicable in your jurisdiction provide for refunds. There is no cooling off period for the Services.

9. ACCOUNT TERMINATION

If you no longer wish to use our Services, or if we terminate your account for any reason, here’s what you need to know.

You can delete your account at any time by logging into the App, going to the “Settings” tab, and selecting “Account” (the gear icon), and following the instructions to terminate your membership. However, you will need to cancel / manage any External Service Purchases through your External Service Account (e.g., iTunes, Google Play) to avoid additional billing.

Firstbase reserves the right to investigate and, if appropriate, suspend or terminate your account without a refund if Firstbase believes that you have violated these Terms, misused our Services, or behaved in a way that Firstbase regards as inappropriate or unlawful, on or off our Services. We reserve the right to make use of any personal, technological, legal, or other means available to enforce the Terms, at any time without liability and without the obligation to give you prior notice, including, but not limited to, preventing you from accessing the Services.

If your account is terminated by you or by Firstbase for any reason, these Terms continue and remain enforceable between you and Firstbase, and you will not be entitled to any refund for purchases made. Your information will be maintained and deleted in accordance with our Privacy Policy firstbaseapp.com.

10. NO CRIMINAL BACKGROUND OR IDENTITY VERIFICATION CHECKS

Firstbase does not conduct criminal background or identity verification checks on its users. Use your best judgment when interacting with others and review our Dating Safety Tips. Imsafe.app

YOU UNDERSTAND THAT FIRSTBASE DOES NOT CONDUCT CRIMINAL BACKGROUND OR IDENTITY VERIFICATION CHECKS ON ITS USERS OR OTHERWISE INQUIRE INTO THE BACKGROUND OF ITS USERS. FIRSTBASE MAKES NO REPRESENTATIONS OR WARRANTIES AS TO THE CONDUCT, IDENTITY, INTENTIONS, LEGITIMACY, OR VERACITY OF USERS. FIRSTBASE RESERVES THE RIGHT TO CONDUCT—AND YOU AUTHORISE FIRSTBASE TO CONDUCT—ANY CRIMINAL BACKGROUND CHECK OR OTHER SCREENINGS (SUCH AS SEX OFFENDER REGISTER SEARCHES) AT ANY TIME USING AVAILABLE PUBLIC RECORDS, AND YOU AGREE THAT ANY INFORMATION YOU PROVIDE MAY BE USED FOR THAT PURPOSE. IF THE COMPANY DECIDES TO CONDUCT ANY SCREENING THROUGH A CONSUMER REPORTING AGENCY, YOU HEREBY AUTHORISE THE COMPANY TO OBTAIN AND USE A CONSUMER REPORT ABOUT YOU TO DETERMINE YOUR ELIGIBILITY UNDER THESE TERMS.

YOU ARE SOLELY RESPONSIBLE FOR YOUR INTERACTIONS WITH OTHER USERS. SEX OFFENDER SCREENINGS AND OTHER TOOLS DO NOT GUARANTEE YOUR SAFETY AND ARE NOT A SUBSTITUTE FOR FOLLOWING THE SAFETY TIPS AND OTHER SENSIBLE SAFETY PRECAUTIONS. ALWAYS USE YOUR BEST JUDGMENT AND TAKE APPROPRIATE SAFETY PRECAUTIONS WHEN COMMUNICATING WITH OR MEETING NEW PEOPLE. COMMUNICATIONS RECEIVED THROUGH THE SERVICE, INCLUDING AUTOMATIC NOTIFICATIONS SENT BY FIRSTBASE, MAY RESULT FROM USERS ENGAGING WITH THE SERVICE FOR IMPROPER PURPOSES, INCLUDING FRAUD, ABUSE, HARASSMENT, OR OTHER SUCH IMPROPER BEHAVIOR.

Though Firstbase strives to encourage a respectful user experience, it is not responsible for the conduct of any user on or off the Service. You agree to use caution in all interactions with other users, particularly if you decide to communicate off the Service or meet in person.

11. DISCLAIMER

Firstbase’s Services are provided “as is” and we do not make, and cannot make, any representations about the content or features of our Services.

FIRSTBASE PROVIDES OUR SERVICES ON AN “AS IS” AND “AS AVAILABLE” BASIS AND TO THE EXTENT PERMITTED BY APPLICABLE LAW, GRANTS NO WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE WITH RESPECT TO OUR SERVICES (INCLUDING ALL CONTENT CONTAINED THEREIN), INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF SATISFACTORY QUALITY, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. FIRSTBASE DOES NOT REPRESENT OR WARRANT THAT (A) OUR SERVICES WILL BE UNINTERRUPTED, SECURE, OR ERROR FREE, (B) ANY DEFECTS OR ERRORS IN OUR SERVICES WILL BE DISCOVERED OR CORRECTED, OR (C) THAT ANY CONTENT OR INFORMATION YOU OBTAIN ON OR THROUGH OUR SERVICES WILL BE ACCURATE OR APPROPRIATE FOR YOUR PURPOSES. FURTHERMORE, FIRSTBASE MAKES NO GUARANTEES AS TO THE NUMBER OF ACTIVE USERS AT ANY TIME; USERS’ ABILITY OR DESIRE TO COMMUNICATE WITH OR MEET YOU, OR THE ULTIMATE COMPATIBILITY WITH OR CONDUCT BY USERS YOU MEET THROUGH THE SERVICES.

FIRSTBASE ASSUMES NO RESPONSIBILITY FOR ANY CONTENT THAT YOU OR ANOTHER USER OR THIRD PARTY POSTS, SENDS, OR RECEIVES THROUGH OUR SERVICES; NOR DOES FIRSTBASE ASSUME RESPONSIBILITY FOR THE IDENTITY, INTENTIONS, LEGITIMACY, OR VERACITY OF ANY USERS WITH WHOM YOU MAY COMMUNICATE WITH THROUGH FIRSTBASE. ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF OUR SERVICES IS ACCESSED AT YOUR OWN DISCRETION AND RISK. FIRSTBASE IS NOT RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER HARDWARE, COMPUTER SOFTWARE, OR OTHER EQUIPMENT OR TECHNOLOGY INCLUDING, BUT WITHOUT LIMITATION, DAMAGE FROM ANY SECURITY BREACH OR FROM ANY VIRUS, BUGS, TAMPERING, HACKING, FRAUD, ERROR, OMISSION, INTERRUPTION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER LINE OR NETWORK FAILURE, OR ANY OTHER TECHNICAL OR OTHER DISRUPTION OR MALFUNCTION.

12. COPYRIGHT

We take copyright infringement very seriously. We ask you to help us to ensure we address it promptly and effectively.

If you believe any Member Content or Our Content infringes upon your intellectual property rights, please submit a notification alleging such infringement including the following:

A physical or electronic signature of a person authorised to act on behalf of the owner of an exclusive right that is allegedly infringed;
Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works;
Identification of the material claimed to be infringing or to be the subject of infringing activity and that is to be removed or access disabled and information reasonably sufficient to permit the service provider to locate the material;
Information reasonably sufficient to permit the service provider to contact you, such as an address, telephone number, and, if available, an electronic mail;
A statement 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, under penalty of perjury, the information in the notification is accurate and you are authorised to act on behalf of the owner of the exclusive right that is allegedly infringed.

Any Notices should be sent to support@firstbaseapp.com

Firstbase may terminate the accounts of repeat infringers.

13. THIRD-PARTY CONTENT

Like many subscription-based services, there are ads on our App.

Our Services may contain advertisements and promotions offered by third parties and links to other websites or resources. Firstbase may also provide non-commercial links or references to third parties within its content. Firstbase is not responsible for the availability (or lack of availability) of any external websites or resources or their content. Furthermore, Firstbase is not responsible for, and does not endorse, any products or services that may be offered by third-party websites or resources. If you choose to interact with the third parties made available through our Services, such party’s terms will govern their relationship with you. Firstbase is not responsible or liable for such third parties’ terms or actions.

Your use of the Website is also subject to the Cookie Policy. 14. LIMITATION OF LIABILITY

Firstbase’s liability is limited to the maximum extent allowed by applicable law.

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL FIRSTBASE, ITS AFFILIATES, EMPLOYEES, LICENSORS, OR SERVICE PROVIDERS BE LIABLE FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL, PUNITIVE, FIXED, OR ENHANCED DAMAGES, INCLUDING, WITHOUT LIMITATION, LOSS OF PROFITS, WHETHER INCURRED DIRECTLY OR INDIRECTLY, OR ANY LOSS OF DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM: (I) YOUR ACCESS TO OR USE OF OR INABILITY TO ACCESS OR USE THE SERVICES, (II) THE CONDUCT OR CONTENT OF ANY USERS OR THIRD PARTIES ON OR THROUGH ANY OF OUR AFFILIATES’ SERVICES OR IN CONNECTION WITH THE SERVICES; OR (III) UNAUTHORIZED ACCESS, USE, OR ALTERATION OF YOUR CONTENT, EVEN IF FIRSTBASE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL FIRSTBASE’S AGGREGATE LIABILITY TO YOU FOR ALL CLAIMS RELATING TO THE SERVICES EXCEED THE AMOUNT PAID, IF ANY, BY YOU TO FIRSTBASE FOR THE SERVICES DURING THE TWENTY-FOUR (24) MONTH PERIOD IMMEDIATELY PRECEDING THE DATE THAT YOU FIRST FILE A LAWSUIT, ARBITRATION OR ANY OTHER LEGAL PROCEEDING AGAINST FIRSTBASE, WHETHER STATUTORY, IN LAW OR IN EQUITY, IN ANY TRIBUNAL. THE DAMAGES LIMITATION SET FORTH IN THE IMMEDIATELY PRECEDING SENTENCE APPLIES (i) REGARDLESS OF THE GROUND UPON WHICH LIABILITY IS BASED (WHETHER DEFAULT, CONTRACT, TORT, STATUTE, OR OTHERWISE), (ii) IRRESPECTIVE OF THE TYPE OF BREACH OF RIGHTS, PRIVILEGES, OR OBLIGATIONS, AND (iii) WITH RESPECT TO ALL EVENTS, THE SERVICE, AND THIS AGREEMENT.

THE LIMITATION OF LIABILITY PROVISIONS SET FORTH IN THIS SECTION 14 SHALL APPLY EVEN IF YOUR REMEDIES UNDER THIS AGREEMENT FAIL WITH RESPECT TO THEIR ESSENTIAL PURPOSE.

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES, SO SOME OR ALL OF THE EXCLUSIONS AND LIMITATIONS IN THIS SECTION MAY NOT APPLY TO YOU.

15. DISPUTE RESOLUTION SECTION

In the unlikely event that we have a legal dispute, here is how the Parties agree to proceed, except where prohibited by applicable law.

INFORMAL DISPUTE RESOLUTION PROCESS

If you are dissatisfied with our Services for any reason, please contact Firstbase Customer Service support@firstbaseapp.com first so we can try to resolve your concerns without the need of outside assistance. If you choose to pursue a dispute, claim or controversy against Firstbase, these terms will apply. For purposes of this Dispute Resolution Process and Arbitration Procedures set forth in Section 15, “Firstbase” shall include our affiliates, employees, licensors, and service providers.

Firstbase values its relationship with you and appreciates the mutual benefit realised from informally resolving Disputes (as defined below). Before formally pursuing a Dispute in arbitration or small claims court, you agree to first send a detailed notice (“Notice”) to support@firstbaseapp.com. If Firstbase has a Dispute with you, Firstbase agrees to first send a Notice to you at your most recent email address on file with us, or if no email address is on file, other contact information associated with your account. Your Notice must contain all of the following information: (1) your full name; (2) information that enables Firstbase to identify your account, including a picture or screenshot of your profile, your address, mobile phone number, email address, and date of birth you used to register your account if any; and (3) a detailed description of your Dispute, including the nature and factual basis of your claim(s) and the relief you are seeking with a corresponding calculation of your alleged damages (if any). You must personally sign this Notice for it to be effective. Firstbase’s Notice must likewise set forth a detailed description of its Dispute, which shall include the nature and factual basis of its claim(s) and the relief it is seeking, with a corresponding calculation of our damages (if any). You and Firstbase agree to then negotiate in good faith in an effort to resolve the Dispute. As part of these good faith negotiations, if Firstbase requests a telephone conference with you to discuss your Dispute, you agree to personally participate, with your attorney if you’re represented by counsel. Likewise, if you request a telephone conference to discuss Firstbase’s Dispute with you, Firstbase agrees to have one representative participate. This informal process should lead to a resolution of the Dispute. However, if the Dispute is not resolved within 60 days after receipt of a fully completed Notice and the Parties have not otherwise mutually agreed to an extension of this informal dispute resolution time period, you or Firstbase may initiate an arbitration (subject to a Party’s right to elect small claims court as provided below).

Completion of this informal dispute resolution is a condition precedent to filing any demand for arbitration or small claims court action. Failure to do so is a breach of this Agreement. The statute of limitations and any filing fee deadlines will be tolled while you and Firstbase engage in this informal dispute resolution process. Unless prohibited by applicable law, the arbitration provider, shall not accept or administer any demand for arbitration and shall administratively close any arbitration unless the Party bringing such demand for arbitration can certify in writing that the terms and conditions of this informal dispute resolution process were fully satisfied. A court of competent jurisdiction shall have authority to enforce this provision and to enjoin any arbitration proceeding or small claims court action.

DISPUTE RESOLUTION THROUGH ARBITRATION OR SMALL CLAIMS COURT

Any dispute, claim, or controversy between you and Firstbase (that is not resolved informally by Firstbase Customer Service or as provided under the subsection above) that arises from or relates in any way to this Agreement (including any alleged breach of this Agreement), the Services, or our relationship with you (collectively, “Dispute”), shall be exclusively resolved through BINDING INDIVIDUAL ARBITRATION except as specifically provided otherwise in this Dispute Resolution Section. “Dispute” as used in this Agreement shall have the broadest possible meaning and include claims that arose before the existence of this or any prior Agreement and claims that arise during the term of this Agreement or after the termination of this Agreement. Notwithstanding the foregoing, either you or Firstbase may elect to have an individual claim heard in small claims court. If the request to proceed in small claims court is made after an arbitration has been initiated but before an arbitrator has been appointed, such arbitration shall be administratively closed. Any controversy over the small claims court’s jurisdiction shall be determined by the small claims court. All other issues (except as otherwise provided herein) are exclusively for the Arbitrator to decide, including but not limited to scope and enforceability of this Dispute Resolution Section, as well as any request to proceed in small claims court that is made after an arbitrator has been appointed. If you or Firstbase challenges the small claims court election in your Dispute, and a court of competent jurisdiction determines that the small claims court election is unenforceable, then such election shall be severed from this Agreement as to your Dispute. However, such court determination shall not be considered or deemed binding with respect to Firstbase’s other contracting parties.

In the event Dispute Resolution Section 15 is for any reason held to be unenforceable, any litigation against Firstbase (except for small claims court actions) may be commenced only in the federal or state courts located in the State of Queensland, Australia. You hereby irrevocably consent to those courts’ exercise of personal jurisdiction over you for such purposes and waive any claim that such courts constitute an inconvenient forum.

16. GOVERNING LAW

To the fullest extent allowable by law, the laws of the State of Queensland, Australia shall apply to any Dispute arising out of or relating to this Agreement or our Services. For the avoidance of doubt, for users residing outside of the Australia, the choice of Queensland as the governing law of these Terms shall not supersede any mandatory consumer protection legislation in the jurisdiction where you resided at the time you accepted this Agreement.

Except where prohibited by law, including for users residing in other countries, who may bring claims in their country of residence in accordance with applicable law, and except for claims that are heard in a small claims court as set forth in Section 15, any claims arising out of or relating to this Agreement, to our Services, or to your relationship with Firstbase that for whatever reason are not required to be arbitrated or filed in small claims court, will be litigated exclusively in the federal or state courts located in State of Queensland, Australia. You and Firstbase consent to the exercise of personal jurisdiction of courts in the State of Queensland, Australia and waive any claim that such courts constitute an inconvenient forum.

17. INDEMNITY BY YOU

You agree to indemnify Firstbase if a claim is made against Firstbase due to your actions.

You agree, to the extent permitted under applicable law, to indemnify, defend, and hold harmless Firstbase, our affiliates, and their and our respective officers, directors, agents, and employees from and against any and all complaints, demands, claims, damages, losses, costs, liabilities, and expenses, including attorney’s fees, due to, arising out of, or relating in any way to your access to or use of our Services, your Content, your conduct toward other users, or your breach of this Agreement.

18. GST

GST is payable by you

In this clause 18 “GST Act” means the A New Tax System (Goods and Services Tax) Act 1999 (Cth). Terms used in this clause 18 have the meaning given in the GST Act.

Where GST is payable by an entity in relation to a supply that it makes under or in connection with this Agreement, and the consideration for that supply excludes GST, the party providing the consideration will pay an additional amount equal to the GST when any part of the consideration is first payable.

The amount of GST will be calculated at the prevailing GST rate. If the GST rate is varied, the consideration payable for any supply under this Agreement will be varied to reflect the change of rate and any reduction in any other tax, duty or statutory charge connected with the rate change.

Where GST applies to any supply made under this Agreement, the supplier will deliver to the recipient a valid tax invoice or adjustment note at or before the time payment for the supply is required. This may be as a recipient created tax invoice where applicable.

19. ACCEPTANCE OF TERMS

By using our Services, you accept the Terms of this Agreement.

By using our Services, whether through a mobile device, mobile application, or computer, you agree to be bound by (i) these Terms, which we may amend from time to time, (ii) our Privacy Policy, Cookie Policy, Member Principles and Safety Dating Tips and (iii) any Additional Terms Upon Purchase. If you do not accept and agree to be bound by all of the terms of this Agreement, you are not entitled to use our Services.

All pronouns and any variations thereof shall be deemed to refer to the masculine, feminine, neuter, singular or plural as the identity of the entities or persons referred to any require.

20. ENTIRE AGREEMENT

This Agreement supersedes any previous agreements or representations.

These Terms, with the Privacy Policy, Cookie Policy, Member Principles and Safety Dating Tips, and any Additional Terms Upon Purchase, contain the entire agreement between you and Firstbase regarding the use of our Services. The Terms supersede all previous agreements, representations, and arrangements between us, written or oral. If any provision of these Terms is held invalid, illegal, or otherwise unenforceable, the remainder of the Terms shall continue in full force and effect. The failure of the Company to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision. You agree that your Firstbase account is non-transferable and all of your rights to your account and its content terminate upon your death, unless otherwise provided by law. Any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by us without restriction. No agency, partnership, joint venture, fiduciary or other special relationship or employment is created as a result of these Terms, and you may not make any representations on behalf of or bind Firstbase in any manner.