First Optimise – Terms of Use
Please read these Terms of Use carefully before using our website.
Last updated: 22 October 2025 (AEST)
1. Who we are
First Optimise ("First Optimise", "we", "us", or "our") invites you to access and use our website, including, without limitation, firstoptimise.com and any related subdomains, pages, or services (the "Website").
Legal entity: First Optimise Pty Ltd. (If you require additional entity details such as ABN/ACN or registered address, please contact us.)
2. Who you are
"You" means any visitor or user of the Website, including users of our Services.
3. Agreement to Terms
By accessing, browsing, or using the Website, you acknowledge that you have read, understood, and agree to be legally bound by these Terms of Use (the “Terms”), our Privacy Policy, and any other policies or disclaimers referenced on the Website
(together, the “Policies”). These Terms may change at any time without notice. Your continued use of the Website signifies acceptance of any changes.
4. Our Services
- Search Engine Optimisation (SEO)
- Information architecture (IA) and content strategy
- Website copywriting and content production
- Conversion Rate Optimisation (CRO)
- Paid traffic and performance advisory
- Analytics and measurement advisory
- Training, workshops, and consulting
5. Intended purpose of the Website
The Website is designed to provide access to our Services and general information, insights, and resources related to digital marketing.
6. Eligibility
The Website and our Services are available to individuals aged 18 years or older. If you are under 18, you should review these Terms with a parent or guardian.
7. Accuracy of content
We aim to ensure that content on the Website is accurate and current; however, we do not guarantee accuracy, reliability, currency, or completeness. You should independently verify information before relying on it.
8. No professional advice
Information provided on the Website or via our Services is general in nature and does not constitute professional, legal, financial, or compliance advice. You are responsible for determining suitability for your circumstances. We do not guarantee
results and we are not responsible for regulatory compliance in your industry. To the maximum extent permitted by law, First Optimise accepts no liability for loss or damage arising from use of the Website, the Services, or reliance on content.
9. Security, viruses, and availability
Accessing the Website is at your own risk. We strive to keep the Website available and functioning properly, but access may be interrupted, delayed, or insecure. Your devices may be exposed to malware, interception, or other interference. Use current
antivirus and security software. We are not responsible for any loss or damage to your device or data connected to your use of the Website or any linked website.
10. Acceptable use (lawful and permissible use)
You must ensure your access to and use of the Website is lawful and does not infringe intellectual property rights. You must not:
- damage, overburden, or interfere with the Website or any other person’s use of it;
- use automated tools (including data mining, robots, or scraping tools) to systematically collect data from or in relation to the Website without our prior written consent;
- attempt to obtain information about other users; or
- transmit malware, malicious code, or harmful content.
We do not accept responsibility for unauthorised access or use. All rights are reserved in relation to unlawful or unauthorised access or use.
11. Third‑party links
The Website and our social media channels may link to third‑party sites. Unless expressly stated, we do not endorse, control, or approve the content on those sites and are not responsible for it. You are responsible for evaluating the suitability of
third‑party websites and content.
12. Intellectual property
The Website, our products and Services contain intellectual property owned by us and/or licensed to us by third parties ("Third‑Party Licensed Intellectual Property"). This includes trade marks, copyrights, proprietary information, designs, patents,
business names, logos, images, text, videos, audio, graphics, other files, and software (collectively, "Content"). Your access to and use of the Website, our products (including digital products), Services, and Content does not grant any rights,
title, or interest in or to the Content or associated intellectual property.
12.1 No commercial use
You must not modify, publish, transmit, sell, create derivative works from, distribute, display, reproduce, perform, or otherwise exploit our Website, products, Services, Content, Intellectual Property, or Third‑Party Licensed Intellectual Property,
in whole or in part, without our prior written consent. We may immediately remove or restrict your access to the Website, products, Services, or Content (without refund) if you breach these Terms.
12.2 Limited licence to digital products
Where you download or purchase our digital products (e.g., checklists, guides, ebooks, workbooks, templates, video or audio content), we grant you a non‑exclusive, non‑transferable, limited licence to access and use those products for your own
internal business or personal purposes. You may not assign, share, or transfer these products to any other person or entity without our express written consent. We may refuse to provide products and/or Services at any time for any reason where
permitted by law. Except as authorised by us, you must not modify, edit, copy, reproduce, reverse engineer, sell, or otherwise exploit our products (including digital products) in any manner.
13. User submissions, feedback, and ideas
Unless expressly stated otherwise, any information or materials you submit through the Website are deemed non‑confidential and non‑proprietary. You represent that you have the lawful right to submit such information and that it will not:
- defame, disparage, harass, bully, or unlawfully discriminate against any person; or
- be false, misleading, or harmful to our business interests or reputation.
You hereby grant to us a worldwide, non‑exclusive, perpetual, irrevocable, royalty‑free, transferable, sublicensable licence to use, reproduce, adapt, publish, translate, distribute, and otherwise exploit any suggestions, enhancement requests,
recommendations, corrections, feedback, or ideas you provide relating to the Website or our Services, without obligation to credit or compensate you and without any duty of confidentiality. Any ideas disclosed to us outside a pre‑existing, documented
confidential business relationship are not confidential. We may develop, use, disclose, or publish similar ideas without compensation or attribution.
14. Changes to these Terms
We may modify these Terms (including by adding or removing terms) at any time by publishing the updated Terms on the Website. Changes are effective immediately upon posting. Your continued use of the Website or Services after posting constitutes
acceptance of the updated Terms.
15. Changes to the Website; suspension and termination
We may change or discontinue any aspect, service, or feature of the Website at any time without notice, including content, availability, and equipment needed for access. We may restrict, suspend, or terminate these Terms and/or your access to all or
any part of the Website or Services at any time and for any reason, without prior notice and without liability, where permitted by law.
16. Compliance and jurisdiction
The Website and Services are based in Australia. We make no representation that the Website or Services are appropriate for use outside Australia. If you access them from outside Australia, you do so at your own risk and are responsible for
compliance with local laws. These Terms are governed by the laws of Victoria, Australia, and the parties submit to the exclusive jurisdiction of the courts of Victoria.
17. Sessions, audits, and free resources
By booking a discovery/strategy session, requesting an audit, or downloading a free resource, you confirm that you have read, understood, and agree to these Terms and our Privacy Policy. You warrant that the information you provide is current,
complete, and accurate to the best of your knowledge. You are responsible for securing and maintaining the connectivity, software, hardware, and other equipment necessary to access any session or resource.
18. No guarantee of results
YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT YOUR USE OF (OR INABILITY TO USE) THE WEBSITE AND OUR SERVICES IS AT YOUR SOLE RISK. Except for any express guarantees we provide in a signed services agreement, we make no representations, warranties, or
guarantees—express or implied—about your earnings, profit, marketing performance, audience growth, rankings, or other outcomes. Your results depend on many factors, including your skills, knowledge, abilities, implementation, business model, market
conditions, and financial situation. Testimonials or endorsements represent individual experiences and are not guarantees of results.
19. Disclaimer of warranties
The Website and its contents are provided "AS IS" and "AS AVAILABLE". To the maximum extent permitted by law, we disclaim all express and implied warranties, including merchantability, fitness for a particular purpose, title, and non‑infringement. We
do not warrant that the Website will be uninterrupted, timely, secure, error‑free, or free of viruses or other harmful components.
20. Indemnity
You unconditionally and irrevocably indemnify and hold us (and our directors, officers, employees, contractors, consultants, shareholders, agents, and representatives) harmless from and against any and all actions, claims, demands, losses,
liabilities, damages, and costs (including legal costs on a solicitor‑and‑client basis) arising out of or connected with your use of the Website or Services, your breach of these Terms, or any product or service you sell or provide via your own
website or platforms.
21. Limitation of liability
To the fullest extent permitted by applicable law, in no event will we (or our subsidiaries, shareholders, directors, officers, employees, contractors, or licensors) be liable for any indirect, incidental, special, exemplary, or consequential losses,
or for loss of use, data, profits, revenue, goodwill, or business interruption, arising from or in connection with your use of (or inability to use) the Website, products, or Services, any interruptions or outages, or any inaccuracies or omissions in
content. Nothing in these Terms limits or excludes any liability that cannot be limited or excluded under the Australian Consumer Law (Schedule 2 of the Competition and Consumer Act 2010 (Cth)). Where our liability cannot be excluded but may be
limited, and to the extent permitted by law, our liability is limited (at our option) to:
- re‑supplying the relevant services; or
- paying the cost of having the services re‑supplied.
22. Severability; waiver
If a provision of these Terms is held to be invalid, illegal, or unenforceable, that provision will be read down or severed to the extent necessary without affecting the validity or enforceability of the remaining provisions. Our failure to enforce
any provision is not a waiver of our rights to subsequently enforce that provision or any other provision.
23. Dispute resolution and arbitration
Any dispute, controversy, or claim arising out of or in connection with these Terms, including any question regarding its existence, validity, or termination, will be referred to and finally resolved by arbitration administered by the Australian
Centre for International Commercial Arbitration (ACICA) under the ACICA Arbitration Rules. The seat of arbitration is Melbourne, Australia. The language of the arbitration is English. The number of arbitrator(s) will be one (1), unless we agree on
three (3) for complex matters. This clause does not prevent either party from seeking urgent injunctive or declaratory relief from a court of competent jurisdiction.
24. Changes to contact details and notices
We may provide notices by posting on the Website or sending to the contact details you provide. You are responsible for keeping your contact details up to date.
25. Contact us
If you have questions about these Terms, please contact us at:
[email protected].
