First Contact Website Terms and Conditions

Effective Date: 26th February 2025
Jurisdiction: Australia
Site Covered: www.firstcontact.co

1. The Agreement

The use of this website and its services provided by First Contact Pty Ltd, hereinafter referred to as the Company, are subject to the following Terms and Conditions, the Agreement, which govern all pages on this website, the Website, and any services provided through it, the Services.

By using the Website, you, the User, agree to comply with these Terms. If you do not agree, discontinue use immediately.

2. Definitions

a. Company, Us, We – Refers to First Contact Pty Ltd, including its employees, affiliates, and subsidiaries.
b. You, the User, the Client – Refers to any individual or entity using this Website.
c. Parties – Refers collectively to both the Company and the User.

3. Acceptance and Changes to Terms

  • Acceptance: By using this Website, you confirm that you have read, understood, and agreed to these Terms.
  • Modifications: We reserve the right to modify these Terms at any time without prior notice. Updates take effect upon posting to the Website.
  • Continued Use: Your continued use of the Website after any changes constitutes acceptance of the modified Terms.

4. License to Use Website

  • The Company grants you a limited, non-exclusive, non-transferable, revocable license to use the Website for personal or commercial use, subject to these Terms.
  • You may not copy, modify, distribute, sell, or lease any part of our Website or its Company Materials without express written consent.

5. Intellectual Property and Content Rights

  • Company Ownership: All Website content, including logos, trademarks, text, software, and images, Company IP, is the exclusive property of First Contact Pty Ltd.
  • User Content: By uploading or submitting content on the Website, you grant us a royalty-free, worldwide, non-exclusive license to use, modify, and distribute that content.
  • Intellectual Property Violations: If you believe your intellectual property rights have been infringed, please contact us immediately.

6. User Obligations

By using our Website, you agree:

  • To provide accurate and truthful information when required.
  • Not to share your login credentials with anyone.
  • To notify us immediately if you suspect unauthorised use of your account.

7. Acceptable Use Policy

Users must not:

  • Engage in any illegal, fraudulent, or harmful activities.
  • Upload malware, viruses, or exploit security vulnerabilities.
  • Use the Website for spam, harassment, or offensive content.
  • Collect personal data of other users without consent.

Violations may result in account suspension or legal action.

8. Privacy and Data Protection

  • Data Collection: We collect personal and non-personal data as outlined in our Privacy Policy.
  • Data Processing: Your data may be stored in Australia, Singapore, the United States, and the United Kingdom, or in other regions where we operate.
  • User Rights: Depending on your location, you may have rights under GDPR, European Union, CCPA, California, or similar privacy laws to request access, deletion, or corrections to your data.

For full details, please see our Privacy Policy.

9. Sales and Transactions

  • Accuracy of Information: We strive to ensure all product or service descriptions and pricing on our Website are accurate.
  • Payment Terms: Payments must be made in full at the time of purchase.
  • Refunds and Cancellations: Customers may request a refund within 30 days of purchase, unless otherwise stated.
  • Third-Party Services: We are not responsible for third-party payment providers or their policies.

10. Security and Liability

  • No Reverse Engineering: Users must not attempt to reverse engineer, hack, or disrupt Website security.
  • Limited Liability: We are not liable for any data loss, service interruptions, or security breaches caused by external factors.
  • Use at Your Own Risk: The Website and its services are provided as is and as available without any warranties.

11. Third-Party Links and Content

  • We may provide links to third-party websites, which are not under our control.
  • We are not responsible for the accuracy or reliability of third-party content.
  • Use of external links is at your own risk.

12. Termination and Account Suspension

  • We reserve the right to terminate or suspend your access to the Website at any time for violations of these Terms.
  • If you wish to terminate your account, contact us at steven.cooke@firstcontact.group.

13. Disclaimers and Limitation of Liability

  • No Warranties: We do not guarantee that the Website will be error-free, secure, or continuously available.
  • Liability Cap: Our maximum liability for any claim is limited to one hundred US dollars or the amount you paid in the last six months, whichever is greater.
  • Force Majeure: We are not responsible for disruptions beyond our control, including cyber-attacks, natural disasters, and legal restrictions.

14. Governing Law and Jurisdiction

  • These Terms are governed by the laws of Australia.
  • Any disputes shall be exclusively resolved in the courts of Victoria, Australia.

15. Dispute Resolution and Arbitration

  • Mediation First: Parties agree to attempt to resolve disputes informally before initiating legal action.
  • Arbitration Clause: If unresolved, disputes shall be settled via binding arbitration in Victoria, Australia.
  • Exception: Intellectual property claims may proceed directly to court.

16. Miscellaneous

  • No Waiver: Failure to enforce any provision does not waive our rights.
  • Severability: If any part of these Terms is found unenforceable, the remainder still applies.
  • Electronic Communication: You agree that we may communicate with you via email or website notifications.

17. Contact Information

For any concerns or legal inquiries, contact:

First Contact Pty Ltd
Email: steven.cooke@firstcontact.group
Registered Office: Level 8, 488 Bourke Street, Melbourne, Victoria 3000, Australia