Terms of Service

Last updated: 13 April 2026  ·  Version 1.0

These Terms of Service (“Terms”) govern your access to and use of the Base Platform Pty Ltd software-as-a-service (“Service”) operated by Base Platform Pty Ltd (“we”, “us”, or “our”). By creating an account or accessing the Service you agree to be bound by these Terms. If you are accepting on behalf of an organisation you represent that you have authority to bind that organisation.

1. Definitions

  • “Account” means a unique user account registered on the Service.
  • “Customer” means the organisation or individual that has subscribed to the Service.
  • “User” means any individual authorised by a Customer to access the Service.
  • “Customer Data” means all data uploaded, submitted, or generated by a Customer or its Users through the Service.
  • “Subscription” means a paid or free-tier plan granting access to the Service for a specified term.
  • “Confidential Information” means non-public information disclosed by one party to the other that is designated as confidential or that reasonably should be understood to be confidential.

2. Accounts and Registration

You must provide accurate, current, and complete information when registering an Account and keep that information up to date. You are responsible for maintaining the confidentiality of your login credentials and for all activity that occurs under your Account. You must notify us immediately at support@baseplatform.com.au of any suspected unauthorised access. We may suspend or terminate any Account if we reasonably believe credentials have been compromised.

You must be at least 18 years of age to register an Account. By registering you represent that you meet this requirement.

3. Subscriptions and Payment

Access to certain features requires a paid Subscription. Subscription fees are set out in the applicable Order Form or pricing page and are quoted in Australian Dollars (AUD) inclusive of GST unless stated otherwise.

Subscriptions renew automatically unless cancelled at least 5 business days before the renewal date. We reserve the right to change pricing on 30 days' written notice. Continued use after the notice period constitutes acceptance of the new pricing.

All fees are non-refundable except as required by the Australian Consumer Law (“ACL”) or as otherwise agreed in writing.

4. Acceptable Use

You must not use the Service to:

  • Violate any applicable law or regulation, including the Privacy Act 1988 (Cth), the Spam Act 2003 (Cth), or the ACL.
  • Upload, transmit, or store content that is unlawful, defamatory, obscene, fraudulent, or infringes any third-party intellectual property rights.
  • Attempt to gain unauthorised access to any part of the Service or its underlying infrastructure.
  • Introduce malware, viruses, or other harmful code.
  • Harvest or collect User data without consent.
  • Resell, sublicense, or otherwise commercialise the Service without our prior written consent.
  • Interfere with or disrupt the integrity or performance of the Service.

We may suspend access to the Service immediately and without notice if we determine, acting reasonably, that you have breached this clause.

5. Intellectual Property

We retain all right, title, and interest (including all intellectual property rights) in and to the Service and all associated software, documentation, and materials. Nothing in these Terms transfers any intellectual property rights to you.

You retain all right, title, and interest in and to Customer Data. By uploading Customer Data you grant us a limited, non-exclusive, royalty-free licence to store and process Customer Data solely to provide the Service.

6. Privacy and Data

We collect, use, and disclose personal information in accordance with our Privacy Policy, which forms part of these Terms. We comply with the Privacy Act 1988 (Cth) and the Australian Privacy Principles.

You acknowledge that the Service is hosted on servers located in Australia and that Customer Data may be processed by sub-processors located in Australia or overseas as described in the Privacy Policy.

7. Confidentiality

Each party agrees to keep the other's Confidential Information strictly confidential and not to disclose it to any third party without prior written consent, except as required by law or to that party's employees, contractors, or advisers who have a need to know and are bound by obligations no less protective than these Terms.

These obligations survive termination of these Terms for a period of 3 years.

8. Service Availability

We will use commercially reasonable efforts to make the Service available with at least 99.5% monthly uptime, excluding scheduled maintenance (for which we will provide at least 24 hours' prior notice where practicable) and circumstances beyond our reasonable control.

We do not warrant that the Service will be uninterrupted, error-free, or free from viruses or other harmful components.

9. Limitation of Liability

To the maximum extent permitted by law (including the ACL), our aggregate liability to you for all claims arising out of or in connection with the Service or these Terms is limited to the total fees paid by you in the 12 months preceding the claim.

We exclude all liability for indirect, consequential, special, incidental, or punitive damages, including loss of profits, loss of data, or loss of business opportunity, even if advised of the possibility of such damages.

Nothing in these Terms limits any liability that cannot be excluded under the ACL, including liability for death or personal injury caused by our negligence or for statutory guarantees that cannot be excluded.

10. Indemnification

You agree to indemnify, defend, and hold us harmless from and against any claims, damages, losses, liabilities, costs, and expenses (including reasonable legal fees) arising from: (a) your use of the Service; (b) your breach of these Terms; (c) your violation of any applicable law; or (d) any Customer Data you submit to the Service.

11. Termination

Either party may terminate these Terms on 30 days' written notice. We may terminate immediately if you materially breach these Terms and fail to cure the breach within 14 days of written notice, or if you become insolvent or are wound up.

Upon termination, your right to access the Service ceases. We will retain Customer Data for 30 days following termination to allow you to export it, after which it will be securely deleted, unless longer retention is required by law.

12. Changes to These Terms

We may update these Terms from time to time. We will notify you of material changes by email or by displaying a notice in the Service at least 14 days before the changes take effect. Continued use of the Service after the effective date constitutes acceptance of the revised Terms. If you do not agree to the revised Terms you must stop using the Service and notify us to cancel your Subscription.

13. Governing Law and Dispute Resolution

These Terms are governed by the laws of New South Wales, Australia. Each party submits to the exclusive jurisdiction of the courts of New South Wales and the Federal Court of Australia.

Before commencing proceedings (other than for urgent interlocutory relief), the parties agree to attempt to resolve any dispute through good-faith negotiation for at least 30 days from the date of written notice of the dispute.

14. General

  • Entire agreement. These Terms, together with the Privacy Policy and any Order Form, constitute the entire agreement between the parties regarding the Service and supersede all prior agreements.
  • Severability. If any provision is found to be unenforceable, it will be modified to the minimum extent necessary to make it enforceable, and the remaining provisions will continue in full force.
  • Waiver. Failure to enforce any right under these Terms does not constitute a waiver of that right.
  • Assignment. You may not assign these Terms without our prior written consent. We may assign these Terms in connection with a merger, acquisition, or sale of substantially all of our assets.
  • Force majeure. Neither party will be liable for delays or failures caused by circumstances beyond their reasonable control, including natural disasters, acts of government, or telecommunications failures.

15. Contact

Questions about these Terms should be directed to:

Base Platform Pty Ltd

Email: legal@baseplatform.com.au

Australia

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