Last updated 5 July 2026
These Terms of Service ("Terms") govern access to and use of the First Six platform, websites, and related services (the "Service"), operated by First Six Technologies Pty Ltd (ACN 699 938 817, ABN 19 699 938 817) ("First Six", "we", "us").
The Service is provided to universities and other institutions ("Institution", "you") under an order form or subscription agreement (the "Agreement"). These Terms form part of that Agreement. Students and staff who access the Service ("End Users") do so under their Institution's account and these Terms.
If you are accepting these Terms on behalf of an Institution, you warrant that you have authority to bind it.
In the event of conflict between these Terms and the Data Processing Agreement on data-protection matters, the DPA prevails.
First Six is a student-experience platform for the first weeks of study: weekly briefings, wellbeing check-ins, a human-answered help inbox, aggregate cohort insights, a student workspace and timetable, and institutional branding. Features may evolve; we will not materially reduce the core Service during a paid term without notice.
You and your End Users must not:
We may suspend access to address a material security risk, unlawful use, or non-payment, and will restore it once resolved.
The Service handles sensitive wellbeing information. You agree to use wellbeing and crisis features as intended (to support students) and not to use individual wellbeing signals for disciplinary, academic-penalty, or surveillance purposes, nor for any decision with legal or similarly significant effect on a student. Handling of personal data is governed by our Privacy Policy and the Data Processing Agreement.
Each party will protect the other's confidential information with reasonable care and use it only for the Agreement. This does not apply to information that is public, independently developed, or required to be disclosed by law.
We provide the Service with reasonable skill and care and operate it on managed, monitored cloud infrastructure with automated backups and a documented incident-response process. We target 99.5% monthly availability of the Service, excluding scheduled maintenance and events outside our reasonable control. Current service status is published at status.firstsix.com.au. Formal uptime SLAs with service credits are available under enterprise agreements.
Except as expressly stated, the Service is provided "as is". To the extent permitted by law, we disclaim implied warranties of merchantability, fitness for a particular purpose, and non-infringement. Nothing in these Terms excludes rights under the Australian Consumer Law or other non-excludable consumer guarantees; where liability for a guarantee can be limited, it is limited to re-supplying the Service.
First Six will defend the Institution against any third-party claim that the Service, as supplied, infringes an Australian-registered patent, registered trade mark, or copyright, and will pay damages finally awarded by a court (or settlement amount we agree to). This indemnity is conditional on: (a) the Institution promptly notifying First Six of the claim; (b) First Six having sole control of the defence and any settlement; and (c) the Institution providing reasonable cooperation. The indemnity does not apply to claims arising from: (i) modification of the Service by anyone other than First Six; (ii) use of the Service in combination with anything not supplied or recommended by First Six, where the infringement would not have occurred without the combination; or (iii) Customer Data.
If a claim is reasonably likely to succeed, First Six may, at its option: (1) procure the right for the Institution to continue using the Service; (2) modify the Service so it is non-infringing; or (3) terminate the affected portion of the Service and refund any prepaid fees for the unused term.
To the maximum extent permitted by law, neither party is liable for indirect or consequential loss, and each party's total aggregate liability arising under the Agreement is capped at the fees paid or payable in the 12 months before the event giving rise to the claim. These limits do not apply to: a party's breach of confidentiality, the IP infringement indemnity in section 11, your payment obligations, or liability that cannot be limited by law.
First Six maintains commercially reasonable cyber liability and professional indemnity insurance, with certificates of currency available on written request.
We may update these Terms from time to time. For material changes affecting a paid Institution, we will give at least 30 days' written notice. Continued use after changes take effect constitutes acceptance.
Neither party is liable for failure to perform (other than payment obligations) caused by an event outside its reasonable control, including natural disasters, acts of government, war, internet or telecommunications failures, pandemics, or third-party infrastructure outages. The affected party will use reasonable efforts to mitigate and will keep the other informed.
Formal notices must be in writing and sent to the contact address in the order form or to legal@firstsix.com.au, with a copy by post to the registered office. Notices by email are taken to be received on the next business day at the recipient's location.
The Agreement constitutes the entire agreement between the parties and supersedes prior discussions. The Agreement is governed by the laws of Queensland, Australia, and the parties submit to the courts of that jurisdiction. If any provision is unenforceable, the rest remains in effect. Neither party may assign without consent, except to a successor of its business. The parties will attempt to resolve any dispute in good faith before commencing court proceedings.
legal@firstsix.com.au. First Six Technologies Pty Ltd (ACN 699 938 817), registered in Queensland, Australia.
Related: Privacy Policy · Data Processing Agreement · Cookie Policy