Terms of Service

Terms of Service

PLEASE READ THESE TERMS CAREFULLY. BY CREATING AN ACCOUNT OR USING THE BUOYLY PLATFORM, YOU AGREE TO BE BOUND BY THESE TERMS. IF YOU DO NOT AGREE, DO NOT USE THE PLATFORM.

1. Contractual Relationship These Terms & Conditions (“Terms”) govern your access to and use of the Buoyly platform, including our website at buoyly.com.au, our mobile application, and all related content, products, and services (together, the “Platform”), made available by Boatbuddy Technologies Pty Ltd (ABN 65 678 727 958), trading as Buoyly (“Buoyly”). By accessing or using the Platform, you confirm that you have read, understood, and agree to be bound by these Terms. These Terms form a legally binding contract between you and Buoyly and supersede any prior agreements between us. Scope These Terms apply to all users of the Platform, including boat owners who list vessels (“Owners”) and adventurers who book experiences (“Adventurers”). Supplemental terms may apply to specific services, promotions, or events, and will be provided to you as relevant. Where supplemental terms conflict with these Terms in relation to a specific service, the supplemental terms will prevail for that service. Licensing and insurance — important Buoyly is a peer-to-peer marketplace platform. We are not a boat hire or charter operator. Owners must hold all current licences and insurances required by law to operate their vessel.

Owners acknowledge and agree that: — they are responsible for researching, obtaining, and maintaining all licences, registrations, and insurances required to lawfully operate their vessel in Australian waters; — the Platform does not promote or facilitate the private rental of a vessel without the Owner (or a licensed, insured delegate) operating it at all times during a booking; — the Owner is solely responsible for the safety of the vessel and all passengers on board; — Buoyly is a marketplace facilitator only and bears no responsibility for vessel operation, passenger safety, or on-water incidents.

If an Owner chooses to offer private, skipper-free rental through the Platform, the vessel must be registered as a Domestic Commercial Vessel (DCV) with AMSA. For vessels under 12 metres with an Australian Builders Plate and an outboard or diesel engine, a survey exemption may apply. See: amsa.gov.au for details. Amendments Buoyly may update these Terms from time to time to reflect changes in our services, technology, or legal obligations. Where a change materially affects your rights, we will give you at least 30 days’ written notice before it takes effect. Notice will be given by email to your registered address or by prominent notice on the Platform. Your continued use of the Platform after any updated Terms are posted (or after the notice period expires, whichever is later) means you accept the updated Terms. If you do not accept the changes, please stop using the Platform and close your account. Termination and restriction Buoyly may immediately restrict or suspend your access to the Platform, without notice, if we reasonably suspect that: (a) you have breached, or are likely to breach, these Terms; (b) you do not meet the eligibility requirements to use the Platform under applicable law or our policies; or (c) you or others may be at risk of harm.

Buoyly may terminate your access to the Platform: (a) immediately, where any of the above circumstances apply; or (b) on 30 days’ written notice, for any legitimate business, legal, or regulatory reason.

You may terminate these Terms and stop using the Platform at any time, for any reason, by closing your account. Privacy Our collection, use, and disclosure of your personal information is governed by our Privacy Policy, available at buoyly.com.au/privacy. Our Privacy Policy is incorporated into these Terms by reference. By using the Platform, you consent to the collection and use of your personal information as described in that policy. Where a complaint, dispute, or incident arises involving you and another user, Buoyly may share relevant information (including contact details) with insurers, claims processors, or dispute resolution bodies as necessary to resolve the matter. 2. The Buoyly Platform Buoyly provides a technology platform that enables Adventurers to discover, book, and pay for boat experiences offered by independent Owners. We facilitate the connection — we are not a party to the booking agreement between Owner and Adventurer, and we do not operate vessels. Buoyly is a marketplace. Owners are independent operators, not employees or agents of Buoyly. Buoyly accepts liability for the Platform itself as set out in these Terms, but is not liable for the services provided by Owners. Licence to use the Platform Subject to your compliance with these Terms, Buoyly grants you a limited, non-exclusive, non-transferable, revocable licence to: (i) access and use the Platform on your personal device for your personal, non-commercial use; and (ii) access any content, information, and materials made available through the Platform, solely for personal use.

All rights not expressly granted remain with Buoyly and its licensors. Restrictions You must not: — remove or obscure any copyright, trade mark, or other proprietary notices from any part of the Platform; — reproduce, modify, distribute, sell, resell, transfer, publicly display, broadcast, or otherwise exploit the Platform except as expressly permitted; — decompile, reverse engineer, or disassemble any part of the Platform; — link to, mirror, or frame any part of the Platform without our written consent; — run scripts, bots, or automated tools to scrape, index, or data-mine the Platform; — attempt to gain unauthorised access to the Platform, its systems, or networks. Third-party services and content The Platform may contain links to third-party websites or services that Buoyly does not control. Clicking a link to a third-party site takes you away from the Platform and subjects you to that third party’s own terms and privacy policy. Buoyly does not endorse, and is not responsible for, any third-party content, products, or services. Ownership The Platform and all intellectual property in it are and remain the property of Buoyly and its licensors. Using the Platform does not grant you any ownership rights in the Platform, or any right to use Buoyly’s name, logo, or trade marks without our written permission. Service availability The Platform is available in designated areas as communicated via the app or website from time to time. Buoyly does not guarantee that the Platform will be available in your location at all times, and we may change or discontinue available areas without notice. 3. Your Use of the Platform Eligibility and accounts To use most features of the Platform, you must create an account. To create an account, you must: — be at least 18 years of age; — provide accurate, complete, and up-to-date personal information including your name, address, mobile number, and a valid payment method; — maintain your account information to keep it accurate and current.

You are responsible for all activity that takes place under your account. Keep your login credentials secure and do not share them with anyone. You may only hold one account, unless Buoyly expressly permits otherwise in writing. User conduct The Platform is only available to persons aged 18 and over. You agree to: — use the Platform only for lawful purposes and in compliance with all applicable Australian laws; — not cause nuisance, annoyance, damage, or injury to any Owner, Adventurer, or third party; — provide proof of identity when requested — access may be denied if you refuse; — not transfer your account or rights under these Terms to any other person. Guest users If you book an experience on behalf of another person (“Guest”) using a guest request option, you acknowledge and agree that: (a) you are fully responsible for all acts and omissions of the Guest in connection with the booking; (b) all information you provide about the Guest (including name and contact details) is accurate and complete; (c) Guests must be 18 or over and must not have had their Platform access suspended or terminated; and (d) you have obtained the Guest’s consent to Buoyly collecting and sharing their information for the purpose of facilitating the booking, and to receiving communications from Buoyly in connection with the booking. Communications By creating an account or using the Platform, you agree that Buoyly may send you transactional and service-related communications (including booking confirmations, receipts, and support responses) by email, SMS, or push notification. These communications are necessary for the operation of the Platform and cannot be unsubscribed from. With your consent, Buoyly may also send you marketing communications about new boats, promotions, and platform updates. You can opt out of marketing communications at any time through the app or by emailing hello@buoyly.com.au. Promotional codes Buoyly may offer promotional codes (“Promo Codes”) that provide account credits or other benefits. Promo Codes: — must be used for their intended purpose and in a lawful manner; — may not be duplicated, sold, or transferred without our express permission; — may be disabled by Buoyly at any time without notice or liability; — have no cash value and cannot be exchanged for cash; — may expire before use.

Buoyly may withhold or reverse credits obtained through Promo Codes if we reasonably determine that they were used fraudulently, in error, or in breach of these Terms. User-generated content The Platform may allow you to submit reviews, feedback, photos, and other content (“User Content”). By submitting User Content, you grant Buoyly a non-exclusive, worldwide, royalty-free licence to use, reproduce, modify, and display that content in connection with the Platform and our marketing, subject to our Privacy Policy. You are responsible for the accuracy and legality of any User Content you submit. Buoyly may remove User Content at any time if it breaches these Terms or our Community Guidelines. Your devices and data connection You are responsible for obtaining the internet connection required to use the Platform, and for any data charges your mobile carrier applies. You are also responsible for ensuring your device meets the technical requirements of the Platform. Buoyly does not guarantee that the Platform will work on every device or operating system. 4. Payments Using the Platform to book a boat experience will result in charges being applied to your nominated payment method. Buoyly facilitates payment to Owners on your behalf. Payment processed through the Platform is treated as payment made directly to the Owner. Buoyly operates upfront pricing. The price you see when you book includes all applicable fees. We don’t believe in surprises, and we don’t charge hidden fees. All charges are due immediately on booking. Payment will be taken from your nominated payment method, and you’ll receive a receipt by email. If your primary payment method fails, Buoyly may use a secondary payment method saved to your account. Charges paid through the Platform are generally final and non-refundable, except as set out in these Terms or as required under the Australian Consumer Law. Under the Australian Consumer Law, you may be entitled to a refund for a major failure of the Platform, or other remedies for a minor failure. Pricing and changes Buoyly and Owners set prices displayed on the Platform. Prices may vary by location, date, vessel type, and demand. Buoyly will make reasonable efforts to display accurate pricing before you confirm a booking, and your booking confirmation will set out the total amount charged. Cancellations and refunds You may cancel a booking at any time before the Owner’s arrival. Depending on when you cancel and the Owner’s cancellation policy, a cancellation fee may apply. Our current cancellation policy is available at buoyly.com.au/cancellations. If a booking is cancelled for reasons not attributable to you, you will be entitled to a full refund of any charges paid. Refund requests should be made through the Platform or by contacting support@buoyly.com.au. Buoyly may, in its discretion, waive cancellation fees in certain circumstances. Requests for waivers must be made through our customer support team. Nothing in this section limits your rights as a consumer under the Australian Consumer Law. Damage and cleaning You are responsible for any costs arising from damage to, or the extraordinary cleaning of, an Owner’s vessel or property that results from your use of the Platform, beyond normal wear and tear. If an Owner reports damage or cleaning requirements, and Buoyly verifies the claim in its reasonable discretion, Buoyly may charge the reasonable cost to your payment method and transfer it to the Owner. Such charges are non-refundable once verified. 5. Liability, Disclaimers & Indemnity The limitations in this section do not exclude or limit any rights you have as a consumer under the Australian Consumer Law that cannot be excluded by agreement. Platform provided “as is” To the extent permitted by law, Buoyly provides the Platform “as is” and “as available”, without warranties of any kind, express or implied. We do not warrant that the Platform will be uninterrupted, error-free, or free of viruses or harmful components. Buoyly does not guarantee the quality, safety, suitability, or conduct of Owners, or the accuracy of listing information provided by Owners. You use the Platform and engage with Owners at your own risk, to the maximum extent permitted by law. Limitation of liability If you acquire services through the Platform as a consumer, and Buoyly fails to comply with a consumer guarantee under the Australian Consumer Law, Buoyly’s liability is limited to resupplying the relevant service, or the cost of having the service resupplied. To the maximum extent permitted by law, Buoyly’s total liability to you for all claims arising out of or in connection with these Terms or the Platform (whether in contract, tort including negligence, equity, or otherwise) is capped at one thousand Australian dollars (AUD $1,000). Buoyly is not liable for: — indirect, incidental, special, exemplary, punitive, or consequential damages, including lost profits, lost data, personal injury, or property damage; — damages arising from your reliance on the Platform or your inability to access it; — any transaction, relationship, or dispute between you and an Owner; — delays or failures caused by circumstances beyond Buoyly’s reasonable control. Owner services Owners are independent third-party operators, not employees or agents of Buoyly. Buoyly is not responsible for the services Owners provide to you. Any claim relating to an Owner’s services should be made directly against the Owner, except as otherwise set out in these Terms. Complaints Buoyly operates a complaints management framework and will handle complaints in a reasonable manner and in accordance with the Australian Consumer Law. To make a complaint, contact us at support@buoyly.com.au. We aim to respond within 5 business days. You may also have rights to make a complaint to a fair trading or consumer protection body, including the Australian Competition and Consumer Commission (ACCC) at accc.gov.au, or your state or territory fair trading office. Indemnity You agree to indemnify and hold Buoyly and its officers, directors, employees, and agents harmless from any claims, losses, liabilities, and expenses (including reasonable legal costs) arising from: (i) your use of the Platform; (ii) your breach of these Terms; (iii) Buoyly’s use of your User Content in accordance with these Terms; or (iv) your violation of the rights of any third party, including an Owner.

Your liability under this clause will be reduced proportionately where Buoyly directly caused or contributed to the loss. 6. Governing Law & Disputes These Terms are governed by the laws of Queensland, Australia. The courts of Queensland have non-exclusive jurisdiction to hear any dispute arising under or in connection with these Terms. If something’s not right, please contact us first. Most issues can be resolved quickly through our support team at support@buoyly.com.au. We’d much rather sort things out together than go to court. Buoyly operates a complaints and refunds process as described in Section 5. In addition, you may have rights under the Australian Consumer Law to make a complaint to a relevant regulatory body. If a dispute cannot be resolved informally, either party may: (a) file an action in a court of competent jurisdiction in Queensland, Australia; or (b) pursue binding arbitration or another form of alternative dispute resolution agreed between the parties.

Any mediation or arbitration proceedings, including all documents, correspondence, and outcomes, are strictly confidential and may not be disclosed to any third party without the other party’s written consent, except where disclosure is required to conduct the proceedings or required by law. 7. General Provisions Copyright infringement If you believe that content on the Platform infringes your copyright, please send a written notice to legal@buoyly.com.au with sufficient detail to identify the work and the allegedly infringing content. We will investigate and respond promptly. Notices Buoyly may give you notices by email to your registered address, by SMS to your registered mobile number, or by posting a prominent notice on the Platform. You may give Buoyly written notices by email to legal@buoyly.com.au or by post to: Legal, Boatbuddy Technologies Pty Ltd (trading as Buoyly), Gold Coast, QLD, Australia. App stores The Platform may be available through the Apple App Store or Google Play. These Terms are between you and Buoyly — not Apple or Google. However, if you download the Platform from the Apple App Store, Apple and its subsidiaries are third-party beneficiaries of these Terms and may enforce them against you. In the event of a conflict between Apple’s Licensed Application End User Licence Agreement and these Terms, these Terms prevail. Assignment You may not assign or transfer these Terms or any of your rights under them without Buoyly’s prior written consent. Buoyly may assign or transfer these Terms, in whole or in part, to a subsidiary, affiliate, acquirer, or successor entity without notice to you. Relationship between the parties Nothing in these Terms creates a joint venture, partnership, employment, or agency relationship between you, Buoyly, or any Owner. Owners are independent operators. Severability If any provision of these Terms is found to be invalid, illegal, or unenforceable under applicable law, that provision will be deemed removed from these Terms but will not affect the validity or enforceability of the remaining provisions. The parties will replace any removed provision with one that is legal and enforceable and has the closest possible effect to the original. Entire agreement These Terms, together with any supplemental terms, our Privacy Policy, and our Community Guidelines, constitute the entire agreement between you and Buoyly with respect to your use of the Platform and supersede all prior agreements on that subject matter. Nothing in these Terms limits your rights as a consumer that cannot be excluded under the Australian Consumer Law. Where the words “including” or “include” appear in these Terms, they mean “including but not limited to”.

Buoyly Terms & Conditions — Version 1.0 — 29 March 2026 — buoyly.com.au Governed by the laws of Queensland, Australia