​BeSocial. Terms and Conditions 
Effective Date: 29 May 2026
Version: 2026.05.29
Contracting Entity: Nexaro Group Pty Ltd (ABN 99 691 567 772) (“Nexaro Group”, “BeSocial.”, “we”, “us”, or “our”).
 
BeSocial. is currently only available to users within Australia. All BeSocial. policies and terms (including this document) are drafted and governed in accordance with Australian law. For the avoidance of doubt, these Terms and Conditions are drafted for BeSocial.’s Australian operations and are governed by the laws of Australia, subject to any mandatory laws that apply to you or to our services and cannot lawfully be excluded. This includes the Privacy Act 1988 (Cth), the Australian Privacy Principles (“APP”), the Competition and Consumer Act 2010 (Cth), and other relevant state and federal Australian legislation. By using the BeSocial. mobile application or website (the “App” or “Website” collectively the “Platform”), you agree to be bound by these Terms and Conditions. If you do not accept these Terms and Conditions, you must not use the App. The Community Guidelines form part of these Terms and Conditions. These Terms and Conditions set out the contractual rules for your use of the Platform. However, nothing in this clause limits or excludes any right, guarantee, remedy, representation, or liability that cannot lawfully be excluded under the Australian Consumer Law (Schedule 2 to the Competition and Consumer Act 2010 (Cth)) (“Australian Consumer Law”), or any other applicable law. 

Contact.
Entity: Nexaro Group Pty Ltd (ABN 99 691 567 772), registered postal address at PO Box 1110, Richmond North VIC 3121, Australia.
Contact: You can reach us at support@besocialapp.co or by mail at the above address for any queries or concerns.

Definitions.
In these Terms and Conditions:
•    Account means the account you create to access and use BeSocial.
•    Member Content means content uploaded, shared, posted, transmitted, or otherwise made available by another user.
•    Your Content means any content you upload, post, share, transmit, or otherwise make available through BeSocial.
•    BeSocial. Content means all content and materials made available by BeSocial. through the Platform other than Member Content and Your Content, including software, databases, algorithms, features, designs, interfaces, trademarks, and platform functionality.
•    Paid Services mean paid features, subscriptions, digital services, event tickets, merchandise, voluntary peer-to-peer payments, or other paid features that BeSocial. may offer from time to time. 
•    Policies means the Community Guidelines, Terms and Conditions and Privacy Policy as updated from time to time.
•    Terms Version means the version identifier listed at the top of these Terms and Conditions.
•    Other capitalised terms are defined where first used.

Scope of these Terms.
1.    Who these Terms and Conditions apply to: These Terms and Conditions form a legally binding agreement between you and Nexaro Group in relation to your use of BeSocial.
2.    No professional advice: BeSocial. does not provide legal, medical, financial, or professional advice. Content on the Platform is for general informational and social purposes only.

How You Accept.
You accept these Terms and Conditions by:
1.    Creating an Account.
2.    Clicking “I agree” (or similar) during sign-up, login, or update flows, and/or
3.    Accessing or using the Platform after being presented with these Terms and Condition (including updates) and having a reasonable opportunity to review them.

If you accept on behalf of another person or entity, you warrant you have authority to bind them. All age and other eligibility verifications must be truthful; any misrepresentation is a material breach. By creating an account or clicking “I agree,” you consent to these Terms and Conditions under the Electronic Transactions Act 1999 (Cth). To support security, compliance, and enforceability, we may keep records showing when you accepted a Terms Version (for example: timestamp, Account ID, device/app version, and a Terms Version identifier). 

We may update these Terms and Conditions (see the Amendments clause below for details). When we do, we will notify you and you will either accept the changes by continuing to use the Platform or you will re-accept the new version before continuing to use the App. If you do not accept these Terms and Conditions (or an updated Terms Version where acceptance is required), you must stop using BeSocial. and delete the App (if applicable).

Account Registration and Security.
To use BeSocial., you must register for an Account with a valid email address and complete the required registration steps. You agree to provide accurate, current, truthful information, including your real name and correct age, and ensure the information is up-to-date and promptly update it if it changes. You must be at least 18 years old (or the higher age of majority in your residence). Any false information or impersonation is prohibited. We may verify your age at any time and suspend or terminate accounts of underage users. You are responsible for keeping your login credentials (password, OTP, etc.) secure. You must not share your Account or let others use it. You are responsible for activities carried out through your Account to the extent caused by your failure to keep your login credentials secure or your failure to notify us promptly after becoming aware of unauthorised use. You are not responsible for unauthorised activity to the extent it results from our systems, our negligence, or circumstances beyond your reasonable control. If you suspect your Account is compromised, contact us immediately at support@besocialapp.co. We are not liable for any loss or damage from your failure to secure your Account. You may delete your Account at any time via your profile settings. Deletion is not immediate; we retain your account (deactivated) for 28 days to allow recovery if needed. After 28 days, your Account and associated content will be permanently deleted. If you later wish to return, you must re-register. We retain deleted-account data only as necessary to comply with law or prevent fraud (refer to our Privacy Policy for more information).

Age Requirements.
BeSocial. is for adults. You must be at least 18 (or older if required by your jurisdiction) to register. By creating an Account, you confirm your age. We actively screen for underage users. Whenever practicable, we will notify you if we suspect you are underage, giving you an opportunity to verify your age within a stated timeframe. In this process, you may be asked to complete an age verification process. We will use privacy-preserving methods (and will not require government-issued ID contrary to law) to verify age. If you do not satisfy the age check, satisfactorily verify or if we have continuing reasonable grounds to believe you are under 18, we may suspend or terminate your Account and delete or hide your content as required by law. Any deliberate attempt to mislead us about your age (e.g. using false identification) is a material breach of these Terms. Any age verification information will be handled according to our Privacy Policy and retained only as reasonably necessary for safety, compliance, and record-keeping.

Community Guidelines and User Conduct.
BeSocial. is designed for respectful, genuine interactions. Our Community Guidelines set the standards for content and conduct. You must comply with all applicable laws (privacy, intellectual property, anti-spam, anti-discrimination, etc.) and these Terms and Conditions and Community Guidelines when using BeSocial.. In particular, you agree to use your real name (or similar) and age on your profile.

You must not upload, post, share, transmit, or otherwise make available content or engage in conduct that:
1.    Is unlawful or promotes unlawful activity.
2.    Is pornographic, sexually explicit, or sexually graphic.
3.    Harms, exploits, or endangers minors.
4.    Depicts or promotes child sexual abuse or exploitation.
5.    Is false, misleading, defamatory, or otherwise unlawfully damaging to another person’s reputation.
6.    Infringes intellectual property, privacy, or other legal rights of any person or third party.
7.    Depicts or references another individual without required consent.
8.    Includes harassment, threats, abuse, hate, or discrimination.
9.    Includes obscene, sexually explicit, or excessively violent content (as defined in the Policies).
10.    Incites or glorifies terrorism, extreme violence, or other criminal activities.
11.    Promotes or encourages suicide, self-harm, or eating disorders.
12.    Is abusive, insulting, harassing, intimidating or threatening; discriminatory or vilifying; or promotes, incites, glorifies or otherwise encourages racism, sexism, hatred, intolerance, extremism or bigotry of any kind.
13.    Involves scams, fraud, impersonation, deception, or other misleading conduct.
14.    Includes spam, scams, phishing, transmission of malware, junk mail, bulk messaging, unsolicited communications, or unauthorized scraping/harvesting.
15.    Involves unauthorized commercial activity (including advertising, promotions, contests, or solicitation) without our prior written consent;
16.    Contains malware, viruses, spyware, or code intended to disrupt or compromise systems.
17.    Constitutes vilification under applicable Commonwealth or State anti-discrimination legislation (including the Online Safety Act).
18.    Otherwise breaches these Terms and Conditions or the Policies.

You must not:
1.    Access or attempt to access any non-public areas of the Platform or its underlying systems, or bypass, circumvent, disable or interfere with any security or authentication measures.
2.    Reverse engineer, decompile, disassemble, scrape, harvest, exfiltrate, copy, extract source code from, or otherwise attempt to derive or access the Platform’s source code, data, databases or non-public information (except to the extent such restriction is prohibited by applicable law).
3.    Interfere with, disrupt, overload, damage or compromise the Platform, servers, networks or infrastructure, including through the use of automated means such as bots, scripts, crawlers, browser extensions or similar technologies without our prior written consent.
4.    Engage in any unlawful, abusive, discriminatory, harassing, threatening, fraudulent, deceptive or otherwise improper conduct.
5.    Misrepresent your identity, age, qualifications, affiliations or background, impersonate any person or entity, or engage in inauthentic account activity.
6.    Disclose another person’s personal information without their lawful consent, stalk, harass, intimidate or repeatedly contact any user against their wishes.
7.    Engage in scams, spam, impersonation, fraudulent schemes, or other deceptive practices.
8.    Sell virtual items for cash among users and others.
9.    Submit reports, complaints or appeals that are knowingly false, malicious or manifestly unfounded.
10.    Circumvent, attempt to circumvent, or assist others in circumventing any account restrictions, suspensions or bans imposed under these Terms and Conditions.
11.    Scrape, harvest, copy, reproduce, replicate, index, mirror, frame, or otherwise extract any part of the App, its content, databases, or underlying data by any automated or manual means without our prior written consent, except strictly through expressly authorised interfaces, APIs, or functionality made available by us.

While we do not control conduct outside the Platform, we may take action where off-platform conduct is reasonably connected to safety on the Platform (for example, credible threats, harassment, or scams involving BeSocial. users), consistent with the Policies and applicable law. We reserve the right to remove or restrict any content that violates these Terms and Conditions or is potentially illegal or harmful, and to report it to authorities as appropriate.

Acceptable Use.
By using the App, you agree to act in a lawful, safe, and respectful manner. You will not discriminate against others, harass or intimidate anyone, or use the App to facilitate wrongdoing. If you use location-based features, you consent to share your approximate location. You must not include personal contact information in public fields.
User Interactions and Safety Disclaimer.

Your Responsibility
You are responsible for your own decisions about whether to communicate with, meet, or otherwise interact with another user, whether on or off the Platform, and you should exercise reasonable care and judgment when doing so. However, nothing in this clause excludes, restricts or modifies any rights or remedies you may have under the Australian Consumer Law or any other applicable law, and nothing in this clause excludes liability to the extent caused by Nexaro Group’s own negligence, misleading conduct, or failure to comply with a non-excludable statutory obligation.

Background Checks
BeSocial. does not routinely conduct criminal background checks, and we do not represent that every user has been screened. If, in limited circumstances, we consider obtaining or verifying information about a user’s identity or criminal history for safety purposes, we will do so only to the extent permitted by applicable law, only where reasonably necessary for safety or compliance purposes, and only with any notice or consent required under the Privacy Act 1988 (Cth) and the Australian Privacy Principles. Any such process will be handled in accordance with our Privacy Policy and applicable law.

Exercise Caution
You agree to exercise reasonable care, judgment and caution when interacting with other users. If you encounter conduct that is suspicious, inappropriate or in breach of these Terms and Conditions, you should report it using the in-app reporting tools or by contacting support@besocialapp.co. Always exercise caution when interacting, connecting and/or meeting others.

Reporting.
If you encounter content or behaviour that you believe breaches these Terms and Conditions or puts someone’s safety at risk, please report it to us. You can use the in-app “Report” feature or email our support team at support@besocialapp.co. We will review and respond to reports promptly, and take action such as content removal, account suspension, and/or referral to law enforcement or the eSafety Commissioner where needed. While we do not guarantee to monitor all Platform activity in real-time, we employ a combination of automated tools and human moderators to proactively address content that violates our standards. Nothing in these Terms and Conditions limits our obligation to comply with Australian online safety laws. If we receive a lawful takedown notice or directive from the eSafety Commissioner or other authority, we will promptly remove the offending content and take any other required actions.

By using BeSocial., you agree to these robust content rules, which are designed to protect all users and comply with Australian online safety legislation and regulations.

Your Content.
Ownership and Responsibility
You retain ownership of any content you submit, upload, publish or otherwise make available on BeSocial. (“Your Content”). You are solely responsible for Your Content and any consequences arising from it. You represent and warrant that:
1.    You own or have obtained all necessary rights, permissions, licences and consents to submit Your Content;
2.    Your Content complies with these Terms and Conditions, our Policies, and all applicable laws; and
3.    Your Content does not infringe, misappropriate or otherwise violate any third-party rights.

Public Nature of the Platform
BeSocial. may operate as a public-facing platform. Your Content may be visible to other users and may be shared through features you choose to use (for example, share links or repost functionality). You should only submit content that you are comfortable making available in this manner.

Personal Information Caution
You must not post or disclose personal contact details, identification information, financial information, or other sensitive data (whether yours or another person’s) on the Platform, whether publicly or privately, except where expressly permitted by the functionality of the Platform. If you choose to share personal information with another user, whether through the Platform or outside of it, you do so entirely at your own risk. BeSocial. does not guarantee the security of information voluntarily disclosed to other users.

Licence to Operate the Platform
By submitting Your Content, you grant Nexaro Group a non-exclusive, royalty-free, worldwide licence to:
1.    Host, store, reproduce, process, transmit, display and distribute Your Content;
2.    Modify or adapt Your Content only as reasonably necessary for technical formatting, compatibility, content delivery, safety moderation, accessibility, and operation of the Platform; and
3.    Use, reproduce and display Your Content for the purposes of operating, providing, maintaining, promoting and improving BeSocial., and enabling sharing functionality as directed by you through Platform features.

This licence is granted solely for the operation and legitimate business purposes of BeSocial. and does not transfer ownership of Your Content to us. You consent to BeSocial. doing any acts in relation to Your Content (such as resizing or reformatting) that might otherwise infringe your moral rights, on the understanding that such acts will only be done for the purposes stated above and without any defamatory intent.

Sublicencing to Service Providers
You agree that we may grant the above licence to our service providers, contractors and partners (including hosting, cloud storage, content delivery, analytics and moderation providers) strictly to the extent reasonably necessary to operate, maintain and improve BeSocial..

Duration of License
The licence granted above continues:
1.    For as long as Your Content remains available on the Platform.
2.    Following deletion of Your Content or termination of your Account, only for as long as reasonably necessary for legitimate business purposes, including backups, security, fraud prevention, legal compliance, dispute resolution, and enforcement of these Terms and Conditions.

If you delete your content, it will typically be removed from active display but might persist in backups for a short time.

No Guaranteed Storage
We do not guarantee the storage, availability or retention of Your Content. You are responsible for maintaining your own copies or backups of any content that is important to you.

Enforcement Against Unauthorised Use
You grant us a limited authority to act on your behalf in relation to unauthorised use, reproduction or distribution of Your Content by third parties outside the Platform. This may include, without limitation:
1.    Issuing notices or takedown requests under the Copyright Act 1968 (Cth).
2.    Submitting removal requests to websites, hosting providers, search engines, social media platforms or other intermediaries.
3.    Contacting third parties directly to request removal of infringing material.
4.    Taking other reasonable steps to address unauthorised reproduction, distribution or misuse.

You acknowledge and agree that:
1.    This authority is granted solely to protect Your Content and the integrity of the Platform.
2.    We are not obligated to monitor, detect or pursue any infringement.
3.    We may decide, acting reasonably, whether further action as permitted by law is appropriate in any particular case.
4.    We are not liable for any failure to take further action as permitted by law.
5.    Any action taken may be subject to practical, legal or commercial considerations.

Content Moderation and Removal
We may suspend or terminate accounts or remove content (whether posted publicly or exchanged in private messages), where we reasonably determine (in good faith) that you have violated these Terms and Conditions, our Community Guidelines, or applicable law. We may also report content or behaviour to law enforcement or regulatory authorities (e.g. the eSafety Commissioner) where required by law or to prevent harm. We will review your appeal promptly (generally within 30 days of your submission) and inform you of the outcome. We may act immediately if necessary to address serious or urgent risks to safety, the platform, or others. We do not undertake to pre-screen all content and are not responsible for monitoring all activity on the Platform.

Member Content and Third-Party Content.
Content posted by other users is herein known as Member Content (“Member Content”). We do not claim ownership of Member Content, but we host and transmit it. You may only use Member Content in accordance with our App’s purpose (genuine social connection). Respect others’ rights and do not use another user’s content or personal information for commercial purposes or in a harassing manner. We may suspend or terminate accounts that misuse Member Content. The App may also link to or integrate third-party content. We are not responsible for third-party websites, apps, or services. Any interaction with third-party services (e.g. linking your account, using camera features) is subject to those providers’ terms. We encourage you to review their policies. We do not endorse or guarantee any third-party content.

Pre-Screening Obligation. 
We do not guarantee we will monitor or pre-approve all user content. However, in accordance with our Community Guidelines and the law, we reserve the right to review, refuse, or remove any content that violates these Terms and Conditions or is potentially illegal, whether posted publicly or exchanged in private messages. We enforce our rules through a mix of automated tools and human review.

License to Use the Platform.
All other text, content, graphics, user interfaces, trademarks, logos, sounds, artwork, software, databases and other intellectual property appearing on or made available through BeSocial. (excluding Your Content or Member Content) (“BeSocial. Content”) are owned by, controlled by, or licensed to Nexaro Group and are protected by Australian and international intellectual property laws. All right, title and interest in and to the BeSocial. Content remain vested in Nexaro Group or its licensors at all times. Subject to your compliance with these Terms and Conditions, Nexaro Group grants you a limited, non-exclusive, non-transferable, revocable licence to access and use the App and BeSocial. Content for your personal, non-commercial use for the duration of these Terms and Conditions. We may suspend or revoke that licence only to the extent reasonably necessary to: 
1.    Enforce these Terms and Conditions following a material breach by you; 
2.    Comply with applicable law or a lawful direction of a regulator, court or law enforcement body; or
3.    Address a genuine and material security, fraud, safety or technical integrity risk. 

Where practicable, we will give you prior notice and a reasonable opportunity to respond before suspending or revoking access. If access is suspended or revoked in error, or otherwise without cause, we will restore access promptly or provide an appropriate pro-rata refund for any affected Paid Service. Nothing in this clause limits any rights or remedies you have under the Australian Consumer Law or any other law that cannot lawfully be excluded. You may not copy, modify, sell, or exploit the App beyond normal use. All rights not expressly granted to you are reserved by Nexaro Group.

Nexaro Group reserves all other rights.

Feedback.
If you provide suggestions, ideas, or feedback about BeSocial., you grant BeSocial. a royalty-free, worldwide, perpetual license to use that feedback without restriction or compensation, provided we do not publicly attribute it to you without permission.

Intellectual Property Complaints and Takedown Procedure.
If you believe content on BeSocial. infringes your copyright or other intellectual property rights, send a notice to support@besocialapp.co titled “IP Complaint” including:
1.    Your full name and contact details.
2.    Identification of the work claimed to be infringed.
3.    identification of the allegedly infringing content (including URLs, screenshots, Usernames, timestamps, or other details sufficient to locate it).
4.    A statement that you have a good faith belief the use is not authorized by the rights holder, its agent, or the law.
5.    A statement that the information is accurate and that you are authorized to act on behalf of the rights holder (where applicable).

We may request additional information. We may remove or restrict content where appropriate.

Disclaimers.
“As Is” Basis and No General Warranties
Subject to the Australian Consumer Law, we do not promise that the Platform will be uninterrupted, error-free or available at all times. We may experience outages, maintenance periods or incidents beyond our reasonable control. This clause does not reduce any remedy you may have if we fail to provide services with due care and skill, do not provide them within a reasonable time where required, make a misleading representation, or otherwise breach a law that cannot be excluded. Without limiting the above, subject to the Australian Consumer Law and any other non-excludable statutory rights we do not guarantee that:
1.    The App will be uninterrupted, timely, secure or error-free.
2.    Defects will be identified or corrected.
3.    The App or its servers will be free from viruses or other harmful components (although we take reasonable precautions).
4.    The App will meet your expectations, preferences or specific requirements.
5.    Any match, recommendation or interaction will result in a meaningful, successful or ongoing connection.
6.    Content made available through the App (including Member Content) will be accurate, complete, reliable or current.

You acknowledge that your use of the App involves inherent technical and internet-based risks.

Service Availability
We aim to provide reliable access to the Platform, but we do not guarantee continuous, uninterrupted or error-free operation. Access to the App may be affected by factors outside our control, including network outages, technical faults, third-party service provider failures, maintenance requirements or force majeure events.

Changes to the Platform
We may modify, update, suspend, restrict or discontinue features of the Platform only for legitimate operational, security, technical, legal, safety or service-improvement reasons. We will not make a change during a current paid subscription period that materially reduces the core functionality of a Paid Service you have already purchased unless the change is reasonably necessary for legal compliance, security, safety or technical integrity and no less restrictive reasonably available alternative exists. Where a material adverse change affects a current Paid Service, we will give reasonable prior notice where practicable and you may, before the change takes effect, either continue with the changed service or cancel the affected Paid Service and receive a pro-rata refund for the unused portion. Nothing in this clause limits any rights or remedies you have under the Australian Consumer Law.

Security and Technical Risk
We take reasonable technical and organisational measures to protect system integrity and security. However, no platform or internet transmission can be guaranteed to be completely secure. To the extent permitted by law, we are not liable for loss or damage arising from unauthorised access to your account or data, except where such loss results from our failure to comply with a non-excludable statutory obligation.

If you are a consumer, nothing in these disclaimers excludes mandatory guarantees under the Australian Consumer Law. Under Australian Consumer Law, you may have rights if a service is not provided with due care or skill (e.g. we must rectify faults or refund as required by law).

Privacy.
Privacy Compliance
We handle personal information in accordance with the Privacy Act 1988 (Cth) and the Australian Privacy Principles ("APP"). This means we only collect, use, and disclose your personal information for purposes that you would reasonably expect in using BeSocial., or otherwise with your consent or as required by law (APP 6). We will not sell your personal details to third parties. If we ever seek to use your content or information for additional promotional purposes outside the Platform’s normal functionality, we will seek your consent.

Overseas Data
Your information may be processed on servers located outside Australia; however, we take reasonable steps to ensure any overseas recipients protect your data to Australian standards. In practice, we contractually require overseas service providers to safeguard your information in line with our Privacy Policy and Australian law. By using the App, you acknowledge this cross-border data handling, which we manage with appropriate safeguards. We remain accountable for your personal information even when stored or processed overseas, as required by APP 8.

Security
We implement security measures to protect your personal information (APP 11) and will comply with all breach notification laws. While we strive to prevent unauthorised access, in the unlikely event of a data breach affecting you, we will notify you as required by law. Nothing in these Terms and Conditions limits your rights under applicable privacy laws. Subject to the Privacy Act 1988 (Cth) and any lawful basis for refusal or retention, you may request access to personal information we hold about you and request correction of personal information that is inaccurate, out-of-date, incomplete, irrelevant or misleading. We will also take reasonable steps to destroy or de-identify personal information where we no longer need it for a permitted purpose and are not required by law or court order to retain it. You may make a privacy complaint if you believe we have mishandled your personal information.

We use cookies and similar technologies as described in our Privacy Policy.

Limitation of Liability.
Subject to the Australian Consumer Law and any other rights that cannot lawfully be excluded, Nexaro Group is not liable for loss or damage arising out of or in connection with:
1.    Your access to or use of the Platform.
2.    Member Content.
3.    Interactions between users, including your interactions with other users.
4.    The conduct, acts or omissions of other users.
5.    Any offline meetings, events or arrangements made through or in connection with the Platform.
6.    Any suspension, restriction or termination of your account in accordance with these Terms and Conditions.
7.    Unauthorised access to your account that is not caused by our breach of a non-excludable statutory obligation.
8.    Your breach of these Terms and Conditions.
9.    Your Content or actions on the Platform.
10.    Your infringement of any third-party rights.
11.    Security breaches.
12.    Malicious attacks.
13.    Activity conducted through your Account where you have failed to take reasonable steps to safeguard your login credentials.

You acknowledge and agree that:
1.    We do not control or direct the conduct of users.
2.    We do not guarantee the behaviour, identity, intentions or safety of any user.
3.    We do not verify all user information.
4.    You are responsible for your own decisions about whether to communicate with, meet, or otherwise interact with another user. We do not guarantee the conduct, identity, intentions or safety of other users.

Nothing in these Terms and Conditions excludes, restricts or modifies any right or remedy you have under the Australian Consumer Law or any other law that cannot lawfully be excluded. Further, nothing in these Terms and Conditions excludes or limits our liability for: 
1.    Our fraud, wilful misconduct, negligence, or breach of law; 
2.    Misleading or deceptive conduct; 
3.    Any failure to comply with a consumer guarantee or other right or remedy that cannot lawfully be excluded under the Australian Consumer Law; or 
4.    Loss to the extent caused or contributed to by our failure to use due care and skill in supplying services to you. 

If you acquire Paid Services as a consumer for personal, domestic or household use, our liability for failure to comply with a consumer guarantee is not limited except to the extent permitted by law. If section 64A of the Australian Consumer Law applies and it is fair and reasonable for us to rely on that limitation, our liability for failure to comply with a consumer guarantee in relation to services not ordinarily acquired for personal, domestic or household use is limited, at our option, to resupply of the services or payment of the cost of resupply. Subject to the foregoing, our aggregate liability to a non-consumer business user for direct loss arising from a Paid Service is limited to the fees paid by that business user for the affected Paid Service in the 12 months before the event giving rise to the claim.

User Indemnity.
To the extent permitted by law, you indemnify Nexaro Group only against reasonable third-party losses, damages and costs (including reasonable legal costs) awarded by a court or agreed in a settlement by you (not to be unreasonably withheld), to the extent directly caused by your unlawful use of the Platform, your infringement of a third party’s intellectual property or privacy rights, or your intentional, reckless, or unlawful breach of these Terms and Conditions. This indemnity does not apply to the extent a claim arises from our negligence, breach of law, wilful misconduct, or modification of Your Content. To the maximum extent permitted by law, we are not liable for loss caused by third-party content, third-party conduct, or unauthorised access, security incidents, or malicious attacks to the extent that loss was not caused or contributed to by our breach of these Terms and Conditions, negligence, breach of law, wilful misconduct, or failure to comply with a non-excludable statutory obligation.

Suspension, Termination and Account Deletion.
Term
These Terms and Conditions commence when you accept them and continue until terminated in accordance with this section.

Termination by You
You may request deletion of your Account at any time through your profile settings.

Deletion Grace Period
After you request deletion, your Account will be scheduled for deletion after 28 days to help prevent accidental deletion or unauthorised requests. During this period:
1.    Your Account may be reactivated upon request; and
2.    We may require identity verification before reactivation.

Following deletion, some information may be retained in accordance with the sections below.

Suspension or Termination by Us
Subject to the Australian Consumer Law and any other non-excludable rights, we may suspend or terminate your Account if we reasonably determine you have materially breached these Terms and Conditions, our Community Guidelines, or if your conduct (online or offline) poses a risk to others or to the integrity of the Platform. Examples include illegal activity, harassment, fraud or other serious misconduct. Whenever practicable, we will notify you and allow you to address the issue. If immediate action is necessary for safety or compliance, we may act before notice. Upon termination, your access ends and relevant survival clauses remain in effect.

Effect of Termination
Upon termination:
1.    Your right to access or use the Platform ceases.
2.    Access to your Account and associated content may be disabled or removed.
3.    Any provisions that by their nature are intended to survive termination (including intellectual property, disclaimers, limitation of liability, indemnities and dispute resolution provisions) will continue to apply.

Termination does not affect any accrued rights or liabilities of either party.

Retention and Deletion
We handle personal information, retention and deletion in accordance with our Privacy Policy and applicable law. Following account deletion or termination, we may retain certain information where reasonably necessary for:
1.    Security and fraud prevention.
2.    Enforcement of our Terms and Conditions.
3.    Compliance with legal obligations.
4.    Dispute resolution.
5.    Legitimate business record-keeping purposes.

Nothing in this section limits any rights you may have under applicable privacy or consumer protection laws.

Additional Deletion Options 
In addition, you may request deletion of your BeSocial. account by submitting a request via the contact form available on our website. We may require you to verify your identity before processing the request. Once verified, your account will be scheduled for deletion in accordance with our standard deletion timelines and applicable legal obligations.

Event Attendee Information and Host Disclosure 
When you buy a ticket for, RSVP to, or attend an event through BeSocial., we may share limited attendee information with the relevant Host, such as your name, contact details, ticket status, and attendance information, where reasonably necessary to administer the event, communicate important event updates, manage venue entry, and provide the event-related services you requested. Hosts must only use that information for event-related purposes unless you separately opt in to marketing or another lawful basis applies. Further details about how we collect, use, disclose and store event-related information are set out in our Privacy Policy.

Privacy 
We handle personal information in accordance with the Privacy Act 1988 (Cth) and the Australian Privacy Principles. You may request access to, and correction of, your personal information, and you may request deletion of account information that we are not required to retain by law.

Payment Terms, Tickets, Merchandise and Refunds
BeSocial. may offer optional paid features, subscriptions, digital services, event tickets, merchandise, voluntary peer-to-peer payments, or other paid features through the Platform (“Paid Services”). All prices are stated in Australian dollars unless otherwise specified. Before you start a free trial or subscription, we will clearly disclose: the trial length; the date of the first charge; the renewal frequency; the renewal price or how it will be calculated; and the single total price payable, including GST and all unavoidable or pre-selected fees. We will send a reminder before a free trial converts to a paid subscription and before each automatic renewal where required by law or our disclosed practice. The cancellation method will be easy to access and at least as simple as sign-up. Any purchase is subject to the terms disclosed at the time of sale, these Terms and Conditions, and any applicable third-party payment provider terms.

Payment Methods
Where the option is made available, you may pay for Paid Services using payment methods supported by the Platform from time to time, including Stripe, Apple Pay, Google Pay / Android Pay, and any other payment method we make available. All payments are processed by third-party payment providers. By making a payment, you also agree to the applicable payment provider’s Terms and Conditions. We do not store your full payment card details. If a payment is declined, reversed, returned, or otherwise unpaid, we may suspend or cancel the relevant Paid Service, and you remain liable for any outstanding amount and any third-party costs reasonably incurred by us to the extent permitted by law.

Subscriptions
If you subscribe, your subscription will automatically renew at the then-current price unless you cancel before the next billing date. Where a subscription renews automatically, we will:

1. Provide clear notice of renewal before the renewal date.
2. Provide an easy and accessible cancellation method that is at least as simple as the sign-up method.
3. Not impose unreasonable barriers to cancellation.

You will be notified of any price changes and given the chance to cancel. To avoid renewal charges, you must cancel as described below. Deleting the App or your Account does not cancel a subscription. If you cancel your subscription, you will retain access to paid features until the end of the current billing period. We generally do not provide pro-rated refunds for early cancellation unless required by law. In line with the Australian Consumer Law, if our services to you are faulty, not provided with due care and skill, or not delivered as promised, you are entitled to a remedy (which may include a refund). Similarly, if we terminate or suspend your account without cause (for example, if we discontinue the service or mistakenly disable your account), we will refund any pre-paid fees for the remaining period. However, if your account is suspended or terminated due to your breach of these Terms and Conditions or misconduct, we are not obliged to refund fees for the unused portion of your subscription, unless required by law. This ensures that we can enforce our rules fairly, while you do not pay for services you won’t receive.

Free Trials
We may offer free trials. If you do not cancel during the trial period, it will convert to a paid subscription at the disclosed price and renew automatically thereafter. We may limit free trials to one per user.

Ticketed Events
BeSocial. may allow Users to discover, list, promote, sell, purchase, and attend events through the App. For each paid event, the checkout page will identify whether the event services are supplied by the Host or by Nexaro Group. When you purchase a ticket to an event through the Platform, you enter into a contract with the Host for the delivery of that event. Where the Host is the supplier of the event, Nexaro Group provides the Platform and may act as a disclosed facilitator or agent for event listing, payment collection, ticketing and refund administration, unless expressly stated otherwise. Where the law gives you a remedy against Nexaro Group for services supplied by us or for our own conduct, those rights remain. Hosts are responsible for the accuracy of their event listings, the delivery of the event, venue compliance, and compliance with laws applicable to the event itself. Nothing in this clause excludes or limits any responsibility of Nexaro Group for its own conduct, including its own representations, payment processing, ticketing functions, refund administration, or any rights or remedies that cannot lawfully be excluded under the Australian Consumer Law or any other applicable law.

Except as required by law and as expressly stated in these Terms and Conditions, refunds are not provided for change of mind, no-shows, inability to attend, or minor changes that do not materially alter the event. You may be entitled to a refund or other remedy required by law if:

1. The event is cancelled; 
2. The event is rescheduled and you cannot reasonably attend the rescheduled date; or 
3. The event cannot be supplied as advertised or otherwise involves a major failure under the Australian Consumer Law.

Refund and complaint requests may be submitted through our support channel, and we will coordinate with the Host where appropriate. Where a refund is approved or required, Nexaro Group may process that refund on behalf of the Host to the original payment method using our payment processor. We will aim to process approved refunds promptly, but the time for funds to appear in your account after we have processed the refund may vary depending on your bank, payment provider, or card network and may take approximately three to five business days from after we’ve processed the refund.

Any booking, platform, service, or payment-processing fee charged in connection with an event purchase will only be retained to the extent that the fee relates to services already properly supplied by BeSocial. and only to the extent permitted by law. If the Australian Consumer Law or another applicable law requires the refund of all or part of a fee, we will refund that amount.

We will acknowledge refund requests within two business days and aim to determine them within 10 business days after receiving the information reasonably required to assess the request. Approved refunds will be submitted promptly to the original payment method. Banking and card-network processing times may vary.

Peer-to-Peer Payments
Peer-to-peer payments, tips, and gratuities are optional and voluntary. Unless expressly stated otherwise at checkout, they do not purchase a ticket, entry right, priority access, or a separate service from BeSocial. or the Host. Subject to any rights you may have under applicable law, card-scheme rules, or your payment provider’s terms in relation to unauthorised or mistaken transactions, peer-to-peer payments are final and non-refundable once processed.

We may deduct any disclosed platform fee, payment processing fee, or similar fee from peer-to-peer payments before remitting the balance to the intended recipient. Nexaro Group does not hold itself out as providing tax advice and is not responsible for any tax, reporting, or accounting obligations arising between the sender and recipient of a peer-to-peer payment.

Merchandise
Where we sell BeSocial.-branded or other merchandise through the Platform, the Australian Consumer Law consumer guarantees apply. Nothing in these Terms and Conditions excludes, restricts, or modifies any rights or remedies you may have under the Australian Consumer Law. Except where required by law or where we expressly offer a separate returns policy, we do not provide refunds for change of mind on merchandise.

If merchandise has a major problem under the Australian Consumer Law, you may be entitled to reject it and choose a refund or replacement, or keep it and seek compensation for any reduction in value, as permitted by law. If merchandise has a minor problem, we may repair, replace, or refund it as permitted by law. Any shipping, handling, restocking, platform, or processing fee will only be charged, retained, or deducted to the extent permitted by law.

Refund Requests and Proof of Purchase
To request a refund or raise a complaint about a purchase, contact us at support@besocialapp.co with your order details and, where requested, reasonable proof of purchase. We may also provide an in-app refund request functionality from time to time. Proof of purchase may include a receipt, order number, transaction ID, card statement, or any other reasonable evidence of the transaction. We may request additional information reasonably necessary to assess the request, prevent fraud, or comply with legal or payment-provider obligations.

Fees, Commission and Payouts
The fees applicable to Hosts are those clearly disclosed in writing before the relevant paid listing or transaction is created. Any change to Host-facing fees will apply prospectively only, on at least 30 days’ prior notice, and will not affect tickets already sold, refunds already due, or amounts already accrued. If you do not accept a proposed fee change, you may stop creating new paid listings before the change takes effect.

Ticket-sale funds are settled through our payment provider and are scheduled for payout to the Host’s nominated bank account after the event has ended, less disclosed fees, refunds, chargebacks and other lawful deductions. We may place a temporary hold on all or part of a payout only where reasonably necessary to investigate suspected fraud, material breach, chargebacks, refund exposure, legal compliance, or serious safety or platform-integrity risks. Where practicable, we will give the Host written notice of the reason for the hold, identify the information required to review it, release any undisputed amount, and complete our review within ten business days or, if more time is reasonably required, keep the Host reasonably updated.

Hosts are responsible for keeping payout bank details accurate. Changes made through the App will apply only after successful verification and within the processing timeframe disclosed in the payout settings.

Promotions
We may offer discounts or bundles. We reserve the right to limit or end promotions at any time. Promotional pricing does not entitle you to future price freezes.

Taxes
Prices may include GST where applicable. You are responsible for any local taxes or duties arising from your purchase.

Virtual Items and Digital Features.
Virtual Items (badges, boosts, gifts, etc.) are digital licenses we grant you. They are not property and have no cash value. Virtual Items are personal to your account and are not transferable or redeemable outside the Platform. We may adjust, replace, or discontinue Virtual Item features for legitimate reasons (for example, to improve the Platform, balance functionality, or where required by law or safety considerations). If we make a material change or discontinue a Virtual Item that you purchased and have not yet used, and that change significantly reduces its value to you, we will provide an appropriate remedy (such as an equivalent item, extension of its use, or a pro-rata refund) to ensure fairness. We will give you notice of any material changes to Virtual Items. Please note that Virtual Items may also have stated expiration times (e.g. end of a subscription period), and they may be forfeited if your account is terminated for cause. This clause does not affect any rights you have under the Australian Consumer Law for faulty digital services.

Location-based features.
The Platform may offer features based on your location. With your permission (where required), we may collect location data using GPS, Bluetooth, Wi‑Fi, or other device signals. If you disable location services or deny permissions, some features may not work. Details of how we collect and use location information are in our Privacy Policy.
 
Use of Automated Features.
BeSocial. uses automated systems, including matching algorithms and data-driven processes, to recommend potential connections, content, and experiences that may be relevant to you. These systems analyse information such as:
1. Profile details (e.g. interests, preferences, location).
2. Engagement behaviour (e.g. connections and interactions).
3. Stated compatibility preferences.
4. General usage patterns within the App.
 
The purpose of these systems is to enhance your experience by identifying users and features that may align with your interests. You acknowledge that:
1. Recommendations are generated by automated systems.
2. Compatibility predictions are estimates only.
3. We do not guarantee the accuracy, suitability, safety, or compatibility of any suggested match.
 
Further details about the main parameters used in our recommender systems are available in our Privacy Policy. Nothing in this section creates any representation, warranty, or guarantee of compatibility or safety.
 
Operational Governance, Logs and Backups.
 Logs and Records
To support security, fraud prevention, compliance, moderation, dispute handling, and service reliability, BeSocial. may generate and retain operational logs and records relating to:
1. Account access and security events.
2. Acceptance of applicable versions of these Terms and Conditions.
3. Moderation actions and appeal outcomes.
4. Subscription transactions and billing events.
5. System performance, technical monitoring and incident response.
 
Such logs and records are maintained for legitimate operational, legal and security purposes and are handled in accordance with our Privacy Policy and applicable law.
 
Backups and Archiving
We may maintain system backups and archives to ensure business continuity, operational resilience and data integrity. Where you delete content or request account deletion active systems may be updated promptly; however residual copies may remain in secure backups for a limited period until those backups are cycled, overwritten or securely destroyed in accordance with our data retention practices. Backup data is not actively processed except where reasonably necessary for system restoration, legal compliance, fraud prevention, or enforcement of our Terms and Conditions.
 
Data Minimisation and Retention
We aim to retain personal information and operational records only for as long as reasonably necessary for:
1. The purposes set out above.
2. Compliance with legal, regulatory or taxation obligations.
3. Enforcement of our contractual rights.
4. Prevention of fraud or misuse.
5. Resolution of disputes.
 
Nothing in this section limits any rights you may have under:
1. The Australian Consumer Law;
2. The Privacy Act 1988 (Cth); or
3. Any other applicable law relating to access, correction, deletion or complaint rights.
 
Third-Party App Stores and Integrations.
If you downloaded the App via a Third-Party Store (e.g. Apple App Store or Google Play), subject to the Australian Consumer Law and any other non-excludable statutory rights you agree to comply with that store’s Terms for any in-app purchases or subscriptions. Those third-party terms (and payment processing) are separate from these Terms and Conditions. If you purchase a subscription or other Paid Service through Apple App Store, Google Play or another third-party billing provider, that provider’s billing terms may also apply. However, your statutory rights against Nexaro Group under the Australian Consumer Law remain. Where the law requires a refund or other remedy for a BeSocial. service supplied by us, we will provide or arrange that remedy, including by working with the relevant app store where necessary. The App may integrate with third-party features (social login, mapping, camera, etc.). Your use of any such feature is also subject to the third party’s Terms, subject to the Australian Consumer Law and any other non-excludable statutory rights. We are not responsible for any third-party service, content, or any interactions you have outside the App, even if facilitated through us.
 
Third-Party Links and Resources.
The App may contain links to external websites or resources. We do not endorse or control these sites. You acknowledge and agree that Nexaro Group is not responsible for their content or availability. You access them at your own risk. Do not frame or embed our App in third-party sites without permission.
 
Electronic Communications.
By using the App, we may send you service and account messages (ie email, SMS, push notifications) that are reasonably necessary to operate your account, provide Paid Services, protect security or comply with law. These count as “in writing” for legal purposes. We will send marketing emails or SMS only where we have the consent required by law, and each marketing message will identify us and include a functional unsubscribe facility. You can opt out of marketing at any time without affecting essential service messages. This clause is subject to the Electronic Transactions Act 1999 (Cth) and state equivalents.
 
Appeals.
If you believe we took action in error, you may submit an appeal by contacting support@besocialapp.co. We will review appeals in accordance with our moderation procedures. Appeals do not guarantee reinstatement.
 
Dispute Resolution and Jurisdiction.
Notice and Good-Faith Negotiation
If a dispute arises in connection with these Terms and Conditions or the App, notify Nexaro Group in writing (email to support@besocialapp.co) describing the issue and relief sought. We will use reasonable efforts to acknowledge within 7 days and engage in good-faith negotiations to resolve the matter promptly. This requirement does not preclude seeking urgent relief (e.g. injunctions) where needed.
 
Mediation
If we cannot resolve the dispute informally within 30 days of notice, either party may request mediation. We will agree on a neutral mediator experienced in Australian tech disputes. Each party bears its own costs of mediation (unless agreed otherwise).
 
Formal Proceedings and Injunctive Relief
If mediation fails, either party may commence court proceedings in Victoria. Nothing in this clause prevents a party from seeking interlocutory or injunctive relief at any time (for example, to stop infringement of rights or loss of data).
 
Costs
Each party bears its own legal costs, unless a court orders otherwise.
 
Governing law and jurisdiction
These Terms and Conditions are governed by the laws of Victoria, Australia. You and we submit to the non-exclusive jurisdiction of the courts of Victoria. Nothing prevents either party from seeking urgent legal relief (such as an injunction) in any appropriate jurisdiction.
 
Australian Consumer Law.
Nothing in this section excludes, restricts or modifies any rights or remedies you may have under the Australian Consumer Law or any other applicable law that cannot lawfully be excluded. In particular:
 
1. Nothing in this clause excludes liability for fraud, misleading or deceptive conduct, or any other liability that cannot be excluded under Australian law. 
2. Services supplied by us come with guarantees that cannot be excluded under the Australian Consumer Law.
3. This clause does not exclude liability for breaches of non-excludable consumer guarantees.
4. You are entitled to remedies if our services fail to comply with those guarantees.
5. Where liability cannot be excluded but may be limited, our liability is limited to the maximum extent permitted by law.
 
Where section 64A of the Australian Consumer Law permits us to limit liability for failure to comply with a consumer guarantee relating to services, our liability is limited (at our option) to:
1. The resupply of the services; or
2. The payment of the cost of having the services resupplied.
 
This limitation applies only to the extent permitted by law.
 
Miscellaneous.
Waiver
No failure or delay by Nexaro Group in exercising any right, power, or remedy under these Terms and Conditions operates as a waiver of that right. A waiver:
 
1. Must be in writing.
2. Applies only to the specific instance to which it relates.
 
A single or partial exercise of a right does not prevent further exercise of that right or any other right.
 
Use of Platform
You represent and warrant that:
1. Your use of the App does not violate any applicable laws in your jurisdiction.
2. You are not prohibited from using the App under applicable trade sanctions or export control laws that apply to Nexaro Group under Australian law.
 
We reserve the right to restrict access to the App where required to comply with applicable laws or sanctions obligations.
 
Multiple Jurisdictions
 
BeSocial. operates as a global platform and may use servers and service providers located in multiple jurisdictions, including Australia and other countries. Where personal information is transferred outside Australia:
1. We take reasonable steps to ensure that overseas recipients handle personal information in accordance with the Privacy Act 1988 (Cth) and the APP's.
2. We implement contractual safeguards and due diligence processes in accordance with applicable law.
 
Further details are set out in our Privacy Policy. By using the App, you acknowledge that your information may be processed in jurisdictions outside your country of residence, subject to applicable safeguards.