Firstbase Terms and Conditions of Use

Effective on 12-Jan-2023

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.

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 [insert links], 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.

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 authorized 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 offense (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 authorization 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 [add link];
Be respectful when communicating with any of our customer care representatives or other employees;
Review the Dating Safety Tips [add link]; 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 authorization 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 offense;
Is defamatory, libelous, 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 authorized 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.

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 authorized 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, offense 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.

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 [add link to report].

As described in our Privacy Policy, [add link to 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.

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, [add link to policy] By using our Services, you agree that we may use your personal data in accordance with our Privacy Policy, [add link to policy].

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- sublicensable 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 authorization to access the Service are automatically revoked in the event that you fail to comply with these Terms.

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 authorize 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 authorize 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.

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.au

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.au.

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 authorize 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 authorize 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-sublicensable, 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 authorized 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.

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 [add link].

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. [add link to safety tips]

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 AUTHORIZE 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 AUTHORIZE 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.

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.

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 authorized 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 authorized 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 authorized to act on behalf of the owner of the exclusive right that is allegedly infringed.

Any Notices should be sent to support@firstbaseapp.com.au.

Firstbase may terminate the accounts of repeat infringers.

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. [add link to Cookie Policy]

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.

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.au 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 realized 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.au. 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.

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.

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.

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.

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 [insert links] 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.

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.