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Terms & Conditions 

BeSocial Terms and Conditions 

Effective Date: 6 March 2026
Version: 2026.03.09
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. This includes the Privacy Act 1988 (Cth) and the Australian Privacy Principles (“APP”), the Competition and Consumer Act 2010 (Cth), and other relevant state and federal Australian legislation. For the avoidance of doubt, no laws or regulations of any jurisdiction outside Australia (such as the EU General Data Protection Regulation (GDPR) or UK data protection laws) apply to BeSocial or its policies.

By using the BeSocial mobile application or website (the “App” or “Website” collectively the “Platform”), you agree to be bound by these Terms. If you do not accept these Terms, you must not use the App. The Community Guidelines form part of these Terms. These Terms and Conditions constitute the entire agreement between you and Nexaro Group regarding the App’s use.

Contact.

Controller: 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:

  • 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.

  • Policies means the Community Guidelines, Terms and Conditions, Privacy Policy, and Cookie Policy, as updated from time to time.

  • Subscription means any paid feature, subscription plan, in-app purchase, or other fee-based access offered by BeSocial from time to time.

  • Terms Version means the version identifier listed at the top of these Terms.

  • Other capitalized terms are defined where first used.

Scope of these Terms.

  1. Who these Terms apply to. These Terms form a legally binding agreement between you and Nexaro Group in relation to your use of BeSocial.

  2. Global use. BeSocial may be accessible from outside Australia. You are responsible for ensuring your use complies with laws applicable to you.

  3. 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 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 (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 handle personal information in accordance with our Privacy Policy.

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 (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 phone number 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 liable for all activity under your Account, whether authorised or not, unless you promptly notify us of unauthorised access. 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.

  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 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 solely responsible for your interactions with other users of BeSocial, whether those interactions occur on the Platform or offline. This includes any communications, meetings, events or arrangements facilitated through the Platform. You acknowledge that any decision to communicate with, meet, or engage with another user is made entirely at your own discretion and risk.

Background Checks

BeSocial does not routinely conduct criminal background checks, identity verification, or screening of users, and we make no representations or warranties regarding the identity, background, intentions, conduct, or suitability of any user. While we may take moderation or enforcement action in accordance with these Terms and Conditions, we do not guarantee that all users have undergone a background check, is free from criminal history and will comply with the Terms and Conditions or applicable law. In limited circumstances (e.g. credible reports of serious misconduct), we may review publicly available criminal records or sex-offender registries. However, you acknowledge such checks are not comprehensive or guaranteed and that the platform provides no warranty as to any user’s background or identity.

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, 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 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, our Policies, and all applicable laws; and

  3. Your Content does not infringe, misappropriate or otherwise violate any third-party rights.

To the extent permitted by law, you agree to indemnify, defend and hold harmless Nexaro Group Pty Ltd and its related entities from and against any claims, liabilities, losses, damages, costs or expenses (including reasonable legal costs) arising out of or in connection with Your Content.

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 Licence

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.

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 licence to access and use the App and BeSocial Content for your personal, non-commercial use. This licence is revocable at any time (for example, on account suspension). 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 (Schedule 2 to the Competition and Consumer Act 2010 (Cth)) (“Australian Consumer Law”) and any other non-excludable statutory rights, the App and all content made available through it are provided on an “as is” and “as available” basis. Subject to the Australian Consumer Law and any other non-excludable statutory rights, Nexaro Group Pty Ltd disclaims all express and implied warranties, representations and guarantees, including (without limitation) any implied warranties of merchantability, fitness for a particular purpose, non-infringement, accuracy, reliability, availability or compatibility. 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 any feature, functionality or part of the Platform at any time for operational, security, technical, commercial or legal reasons. Where a material change adversely affects a paid subscription (if applicable), we will provide reasonable notice where practicable and as required by applicable 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 limits your rights under privacy laws for example, you retain the right to access or delete your personal information and to complain if you believe we have misused your data.

We use cookies and similar technologies as described in our Cookie 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.

  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.

  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 solely responsible for assessing the suitability of other users and for your own safety when engaging with them, whether online or offline.

To the extent permitted by law (including the Australian Consumer Law), our total liability to you for any loss or damage arising in connection with the Platform is limited to the amount you have paid us in the 12 months before the claim (if any). We will not be liable for any indirect or consequential losses (such as lost data, opportunity, or goodwill), except to the extent that the Australian Consumer Law or any other relevant law requires otherwise. Nothing in this clause excludes or limits any rights or remedies you have under the Australian Consumer Law or any other relevant law that cannot be excluded. In particular, we do not exclude liability for our own negligence causing personal injury or for failure to meet a consumer guarantee that applies to our services. Where our services fall short of a consumer guarantee and you acquired them for personal use, you are entitled to remedies under the Australian Consumer Law (such as a refund, compensation or other remedy depending on the failure). Where the law permits us to limit the remedy for a failure to comply with a guarantee, we will resupply the service or pay the cost of resupply (at our option). 

User Indemnity.

You agree to indemnify and hold harmless BeSocial (Nexaro Group) and its officers, employees, and agents from any third-party claim, loss, or damage (including reasonable legal costs) arising directly from your breach of these Terms and Conditions, your misuse of the Platform, or your violation of a third party’s rights. This indemnity only applies to the extent that your acts or omissions caused the loss. It will not apply to any loss or damage attributable to our own negligence, breach of law, or wilful misconduct. We will take reasonable steps to mitigate any loss and will give you notice of any claim we seek to enforce against you under this clause, allowing you to assist in the defence.

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.

  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.

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Payment Terms (Subscriptions and In-App Purchases).

BeSocial may offer optional paid features, subscriptions, digital services, event tickets, or other enhancements within the App (“Paid Services”). All prices are stated in Australian dollars unless otherwise specified. Any purchase is subject to the terms disclosed at sale and by these Terms. You authorise us (or any Third Party Store, such as Apple App Store or Google Play) to charge your chosen payment method. If payment is declined, we may suspend or cancel your Paid Services until payment is made.

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.

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.

Cancellation and Refunds

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 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.

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.

Remedies

You may cancel a subscription within fourteen (14) days of purchse (or six (6) days for short trials) and receive a refund of unused time. Any additional refund or cancellation policies are subject to and do not override your statutory rights.

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.

  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. Nexaro Group is not liable for issues arising from third-party stores (e.g. refunds, store availability). 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, you consent to receive electronic communications (email, SMS, push notifications) from us. These count as “in writing” for legal purposes. You may opt out of marketing messages (per instructions in the message) but not of service notifications (e.g. login alerts). 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 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 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 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.

Entire Agreement.

Terms

These Terms and Conditions are the complete agreement between you and Nexaro Group regarding the App. If any provision of these Terms and Conditions is held to be unlawful, invalid, or unenforceable:

  1. That provision will be severed to the extent necessary to make it enforceable.

  2. The remaining provisions will remain in full force and effect.

The invalidity or unenforceability of one provision does not affect the validity of any other provision.

Relationship

Nothing in these Terms creates a partnership, employment, or agency relationship between you and BeSocial.

Amendments.

BeSocial currently operates only within Australia. In the event that BeSocial expands into other jurisdictions, Nexaro Group will review and update these Terms and Conditions as necessary to ensure compliance with any applicable laws and regulations of those jurisdictions (for example, the EU’s General Data Protection Regulation (GDPR) and the UK GDPR). We may also update or modify these Terms and Conditions from time to time for legitimate reasons such as to comply with new laws, incorporate new features or services, or improve clarity and user experience. When an update occurs, we will provide you with reasonable prior notice (for example, via email or an in-app notification) describing the key changes. You will be required to accept the new Terms and Conditions upon login or continued use. If you do not agree to a material change, you may stop using BeSocial and terminate your Account. In that case, if you have a paid subscription, you are entitled to a pro-rata refund of any unused portion of your subscription period, to ensure you are not disadvantaged by the change. Continued use of the Platform after the effective date of updated Terms and Conditions constitutes your acceptance of the revised Terms and Conditions.

Assignment.

You may not assign or transfer your rights or obligations under these Terms and Conditions without our written consent. Nexaro Group may assign this agreement in connection with a corporate restructuring, sale of assets, or to a related company. If we transfer this agreement, we will ensure the new entity is bound to honour these Terms and Conditions, and we will notify you of the assignment if it affects the party responsible to you.

Acknowledgments.

By using BeSocial, you acknowledge that you have read and understood these Terms and Conditions, and that any violation may result in further action as permitted by law. We encourage you to keep copies of these Terms and Conditions for future reference. 

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