Legal

1. CONTRACTUAL RELATIONSHIP These BoatBuddy Technologies, Inc. – Terms and Conditions – Australia (“BoatBuddy Terms”) govern the access or use by you, an individual, from within any country in the world of applications, websites, content, products, and services (the “BoatBuddy Services”) made available by BoatBuddy Technologies, Inc., a company incorporated in the state of Queensland, Australia, and having its offices at Surfers Paradise, Queensland, 4218, Australia (“BoatBuddy”). Scope of these BoatBuddy Terms BoatBuddy Services may be provided by BoatBuddy or, if specified in these BoatBuddy Terms or any supplemental terms, affiliates of BoatBuddy. PLEASE READ THESE TERMS CAREFULLY BEFORE ACCESSING OR USING THE BOATBUDDY SERVICES. Your access and use of the BoatBuddy Services constitutes your agreement to be bound by these BoatBuddy Terms, which establishes a contractual relationship between you and BoatBuddy. If you do not agree to these BoatBuddy Terms, you may not access or use the BoatBuddy Services. These BoatBuddy Terms expressly supersede prior agreements or arrangements with you. Supplemental terms Supplemental terms may apply to certain BoatBuddy Services, such as policies for a particular event, activity or promotion, or a particular category of BoatBuddy Services. Supplemental terms will be provided to you in connection with the applicable BoatBuddy Services. Any supplemental terms are in addition to, and shall be deemed a part of, the BoatBuddy Terms for the purposes of the applicable BoatBuddy Services. Supplemental terms shall prevail over these BoatBuddy Terms in the event of a conflict with respect to the applicable BoatBuddy Services. Amendments BoatBuddy may amend the BoatBuddy Terms, any supplemental terms or policies (including the "Community Guidelines", related to the BoatBuddy Services from time to time. BoatBuddy will provide you with at least 30 days’ written notice in the event of a material change to any BoatBuddy Terms, policies or supplemental terms that detrimentally affects your rights under these BoatBuddy Terms. Amendments will be effective upon posting of such updated BoatBuddy Terms at this location or the amended supplemental terms or policies on the applicable BoatBuddy Service or at this location (as the case may be). Your continued access or use of the BoatBuddy Services after such posting, or after the expiry of the notice period (whichever is later), constitutes your consent to be bound by the BoatBuddy Terms, policies and supplemental terms, as amended. Termination or restriction of the BoatBuddy Services BoatBuddy may restrict you from accessing or using the BoatBuddy Services, or any part of them, immediately, without notice, in circumstances where BoatBuddy reasonably suspects that: (a) you have, or are likely to, breach these BoatBuddy Terms; (b) you do not, or are likely not to, qualify, under applicable law or the standards and policies of BoatBuddy, to access and use the BoatBuddy Services; and/or (c) you or others may be at risk of harm as a result of consumption of certain regulated items (including, but not limited to, alcohol) made available by Third Party Providers via the Application, which may come about, for example, as a result of: (i) a report made to BoatBuddy (or its affiliate) by a third party; (ii) delivery refusal (e.g. due to intoxication); and/or (iii) a review of your purchases of regulated items using the Application. BoatBuddy may terminate these BoatBuddy Terms or any BoatBuddy Services with respect to you, or generally cease offering or deny access to the BoatBuddy Services or any portion thereof: (a) immediately, where BoatBuddy reasonably suspects that: (i) you have, or are likely to, materially breach these BoatBuddy Terms; (ii) you do not, or are likely not to, qualify, under applicable law or the standards and policies of BoatBuddy, to access and use the BoatBuddy Services; and/or (iii) you or others may be at risk of harm as a result of consumption of certain regulated items (including, but not limited to, alcohol) made available by Third Party Providers via the Application, which may come about, for example, as a result of: (A) a report made to BoatBuddy (or its affiliate) by a third party; (B) delivery refusal (e.g. due to intoxication); and/or (C) a review of your purchases of regulated items using the Application; or (b) on 30 days’ written notice to you, where BoatBuddy, acting reasonably, terminates these BoatBuddy Terms or any BoatBuddy Services for any legitimate business, legal or regulatory reason. Without limiting its other rights under these BoatBuddy Terms, BoatBuddy may immediately restrict or deactivate your access to the BoatBuddy Services if you breach the Community Guidelines at any time. You may terminate these BoatBuddy Terms, or stop using the BoatBuddy Services, at any time, for any reason. Privacy Our collection and use of personal information in connection with the BoatBuddy Services is as provided in BoatBuddy’s Privacy Notice. BoatBuddy may provide to a claims processor or an insurer any necessary information (including your contact information) if there is a complaint, dispute or conflict, which may include an accident, involving you and a Third Party Provider and such information or data is necessary to resolve the complaint, dispute or conflict.

2. THE BOATBUDDY SERVICES BoatBuddy will provide the BoatBuddy Services to you in accordance with these BoatBuddy Terms. The BoatBuddy Services constitute the provision of a technology platform that enables you, as a user of BoatBuddy’s applications or websites (each, an “Application”) to: (a) arrange and schedule certain services with independent third party providers of those services that have an agreement with BoatBuddy or its affiliates (“Third Party Providers”), including: (i) services from those Third Party Providers; and (ii) the purchase of items from those Third Party Providers; and (b) facilitate payments to Third Party Providers for the goods and services provided to you by those parties and receive receipts from an BoatBuddy affiliate for those payments (except where the Third Party Provider is issuing the receipt directly to you). The BoatBuddy Services are made available solely for your personal, non-commercial use, unless BoatBuddy has agreed with you otherwise in a separate agreement. You acknowledge that: (a) BoatBuddy does not provide services or function as a carrier; (b) all such services are provided by independent third party contractors who are not employed by BoatBuddy or any of its affiliates; BoatBuddy accepts liability for the BoatBuddy Services and Application that it provides to you subject to these BoatBuddy Terms. Third Party Providers are solely responsible for the services they provide to you. If a BoatBuddy affiliate provides a service to you, that affiliate is solely responsible for the service it provides to you in accordance with the BoatBuddy Delivery Terms. Licence Subject to your compliance with these BoatBuddy Terms, BoatBuddy grants you a limited, non-exclusive, non-sublicensable, revocable, non-transferrable licence to: (i) access and use the Applications on your personal device solely in connection with your use of the BoatBuddy Services; and (ii) access and use any content, information and related materials that may be made available through the BoatBuddy Services, in each case solely for your personal, non-commercial use. Any rights not expressly granted herein are reserved by BoatBuddy and BoatBuddy’s licensors. Restrictions You may not: (i) remove any copyright, trade mark or other proprietary notices from any portion of the BoatBuddy Services; (ii) reproduce, modify, prepare derivative works based upon, distribute, license, lease, sell, resell, transfer, publicly display, publicly perform, transmit, stream, broadcast or otherwise exploit the BoatBuddy Services except as expressly permitted by BoatBuddy; (iii) decompile, reverse engineer or disassemble the BoatBuddy Services except as may be permitted by applicable law; (iv) link to, mirror or frame any portion of the BoatBuddy Services; (v) cause or launch any programs or scripts for the purpose of scraping, indexing, surveying, or otherwise data mining any portion of the BoatBuddy Services or unduly burdening or hindering the operation and/or functionality of any aspect of the BoatBuddy Services; or (vi) attempt to gain unauthorised access to or impair any aspect of the BoatBuddy Services or its related systems or networks. Third Party Services and Content The BoatBuddy Services may be made available or accessed in connection with third party services and content (including advertising) that BoatBuddy does not control. Once you click on a link to third-party services or content, you will be subject to the terms and conditions and privacy policy of that website, destination, or third-party service provider. BoatBuddy will not warn you that you have left the BoatBuddy Services or that you are subject to the terms and conditions (including privacy policies) of another website, destination, or third-party service provider. You use all links in third-party websites and advertisements at your own risk as these are not part of the BoatBuddy Services and are not controlled by BoatBuddy. You acknowledge that different terms of use and privacy policies may apply to your use of such third party services and content. BoatBuddy does not endorse such third party services and content and in no event shall BoatBuddy be responsible or liable for any products or services of such third party providers. Ownership The BoatBuddy Services and all rights therein are and shall remain BoatBuddy’s property or the property of BoatBuddy’s licensors. Neither these BoatBuddy Terms nor your use of the BoatBuddy Services convey or grant to you any rights: (i) in or related to the BoatBuddy Services except for the limited licence granted above; or (ii) to use or reference in any manner BoatBuddy’s company names, logos, product and service names, trademarks or services marks or those of BoatBuddy’s licensors. BoatBuddy Active Area The goods and services that you may request using the BoatBuddy Services are available in designated areas as communicated via the Application from time to time. BoatBuddy does not guarantee that you will be able to use the BoatBuddy Services to request any such goods and services in the BoatBuddy Area at all times.

3. YOUR USE OF THE BOATBUDDY SERVICES User Accounts In order to use most aspects of the BoatBuddy Services, you must register for and maintain an active personal user BoatBuddy Services account (“Account”). You must be at least 18 years of age, or the age of legal majority in your jurisdiction (if different than 18), to obtain an Account, unless a specific BoatBuddy Service permits otherwise. Account registration requires you to submit to BoatBuddy certain personal information, such as your name, address, mobile phone number and age, as well as at least one valid payment method (either a credit card or accepted payment partner). You agree to maintain accurate, complete, and up-to-date information in your Account. Your failure to maintain accurate, complete, and up-to-date Account information, including having an invalid or expired payment method on file, may result in your inability to access or use the BoatBuddy Services. You are responsible for all activity that occurs under your Account, and you agree to maintain the security and secrecy of your Account username and password at all times. Unless otherwise permitted by BoatBuddy in writing, you may only possess one Account. User Requirements and Conduct The BoatBuddy Services are not available for use by persons under the age of 18. You may not authorise third parties to use your Account, and you may not allow persons under the age of 18 to receive: (i) services from Third Party Providers unless they are accompanied by you; unless permitted by you, and you agree to take full responsibility for their acts or omissions. You may not assign or otherwise transfer your Account to any other person or entity. You agree to comply with all applicable laws when accessing or using the BoatBuddy Services, and you may only access or use the BoatBuddy Services for lawful purposes (e.g., no transport of unlawful or hazardous materials) and in accordance with these BoatBuddy Terms. You will not, in your use of the BoatBuddy Services, cause nuisance, annoyance, inconvenience, or property damage, whether to the Third Party Provider or any other party, including BoatBuddy, its affiliates or any of their employees, agents or contractors. In certain instances you may be asked to provide proof of identity or other method of identity verification to access or use the BoatBuddy Services, and you agree that you may be denied access to or use of the BoatBuddy Services if you refuse to provide proof of identity or other method of identity verification. Guest Users If you have an Account, you may not allow third parties to receive services from Third Party Providers arranged through your Account unless they are accompanied by you or unless such services are accessed through the “Guest Riders” request option. You must not request any services under the “Guest Riders” request option for any individuals who: (a) are under 18 years of age; or (b) have had their access to the BoatBuddy Services restricted or deactivated due to a breach of these terms or the Community Guidelines. If you request services for another individual (“Guest User”) using the “Guest Riders” request option, you acknowledge and agree that: (a) you are responsible for all acts or omissions of the Guest User in connection with the services; (b) all information provided by you to BoatBuddy regarding the Guest User, including name and contact details, is accurate and complete; and (c) you have obtained the Guest User’s consent to: (i) BoatBuddy or its affiliates collecting the Guest User’s personal information from you, and sharing such personal information with Third Party Providers and other parties, for the purpose of facilitating access to the services; (ii) receiving SMS messages and emails from BoatBuddy, or otherwise being contacted by BoatBuddy, in connection with the services; and (iii) BoatBuddy providing you with the Guest User’s detailed trip information, including real-time trip status and location. Commercial Electronic Messaging By creating an Account or accessing the BoatBuddy Services, you agree that BoatBuddy or its affiliates may send you commercial electronic messages (including email, SMS or push notifications, where applicable) as part of the normal business operation of your use of the BoatBuddy Services. You agree that BoatBuddy and its affiliates are not required to include an unsubscribe message in commercial electronic messages where it may be impracticable (including for push notifications). However, you may opt-out of receiving commercial electronic messages from BoatBuddy at any time by following the directions found on the application. You also acknowledge that opting out of receiving commercial electronic messages may impact your use of the BoatBuddy Services. You cannot unsubscribe from transactional messages, including trip receipts and support responses. These communications are important for your experience. Promotional Codes A BoatBuddy affiliate may, in its sole discretion, create promotional codes that may be redeemed for Account credit, or other features or benefits related to a Third Party Provider’s services, subject to any additional terms that the BoatBuddy affiliate establishes on a per promotional code basis (“Promo Codes”). You agree that Promo Codes: (i) must be used for the intended audience and purpose, and in a lawful manner; (ii) may not be duplicated, sold or transferred in any manner, or made available to the general public (whether posted to a public form or otherwise), unless expressly permitted by the BoatBuddy affiliate; (iii) may, as permitted by law, be disabled by BoatBuddy or its affiliate at any time without liability to BoatBuddy or its affiliate; (iv) may only be used pursuant to the specific terms that the BoatBuddy affiliate establishes for such Promo Code; (v) are not valid for cash; and (vi) may expire prior to your use. The BoatBuddy affiliate reserves the right to withhold or deduct credits or other features or benefits obtained through the use of Promo Codes by you or any other user in the event that the BoatBuddy affiliate reasonably determines or believes that the use or redemption of the Promo Code was in error, fraudulent, illegal, or in violation of the applicable Promo Code terms or these BoatBuddy Terms. This section does not apply to promotional codes for BoatBuddy Delivery Services. Instead, the BoatBuddy Delivery Terms apply to those promotional codes. User Provided Content BoatBuddy may, in BoatBuddy’s sole discretion, permit you from time to time to submit, upload, publish or otherwise make available to BoatBuddy through the BoatBuddy Services textual, audio, and/or visual content and information, including commentary and feedback related to the BoatBuddy Services and Third Party Providers, initiation of support requests, and submission of entries for competitions and promotions (“User Generated Content”). All User Generated Content is subject to the User Generated Content Terms, including provisions on ownership and usage rights. Network Access and Devices You are responsible for obtaining the data network access necessary to use the BoatBuddy Services. Your mobile network’s data and messaging rates and fees may apply if you access or use the BoatBuddy Services from a wireless-enabled device and you shall be responsible for such rates and fees. You are responsible for acquiring and updating compatible hardware or devices necessary to access and use the BoatBuddy Services and Applications and any updates thereto. BoatBuddy does not guarantee that the BoatBuddy Services, or any portion thereof, will function on any particular hardware or devices. In addition, the BoatBuddy Services may be subject to malfunctions and delays inherent in the use of the Internet and electronic communications.

4. PAYMENT You understand that use of the BoatBuddy Services may result in charges to you for the services or goods you receive from a Third Party Provider (“Third Party Charges”). BoatBuddy will facilitate your payment of the applicable Third Party Charges on behalf of the Third Party Provider. Payment of the Third Party Charges in such manner shall be considered the same as payment made directly by you to the Third Party Provider. Third Party Charges will be inclusive of applicable taxes where required by law. Third Party Charges paid by you are final and non-refundable, unless otherwise determined by BoatBuddy or required by the Australian Consumer Law. Under the Australian Consumer Law, you may be entitled to a refund for a major failure of the BoatBuddy Services, or other remedies for a minor failure. You retain the right to request lower Third Party Charges from a Third Party Provider for services received by you from such Third Party Provider at the time you receive such services. A BoatBuddy affiliate will respond accordingly to any request from a Third Party Provider to modify the Third Party Charges for a particular service or good. All Third Party Charges are due immediately and payment will be facilitated by BoatBuddy using the preferred payment method designated in your Account, after which you will be sent a receipt by email (except where the Third Party Provider is issuing the receipt directly to you). If your primary Account payment method is determined to be expired, invalid or otherwise not able to be charged, you agree that BoatBuddy may, on behalf of Third Party Provider, use a secondary payment method in your Account, if available. You acknowledge that an BoatBuddy affiliate may, acting reasonably, establish, remove and/or revise Third Party Charges for any or all services or goods obtained through the use of the BoatBuddy Services at any time at the direction of the Third Party Provider or otherwise in the BoatBuddy affiliate’s discretion, including in certain circumstances such as where you choose an additional service that incurs an additional charge, or an item you requested is out of stock. Further, you acknowledge and agree that Third Party Charges applicable in certain geographical areas may increase substantially during times of high demand. BoatBuddy will use reasonable efforts to ensure the BoatBuddy affiliate informs you of Third Party Charges that may apply, provided that you will be responsible for Third Party Charges incurred under your Account. You acknowledge that an BoatBuddy affiliate may from time to time provide certain users with Promo Codes that may result in different amounts charged for the same or similar services or goods obtained through the use of the BoatBuddy Services, and you agree that such Promo Codes are provided to you for no fee, have no monetary value, cannot be redeemed for cash, are not exchangeable or transferable and, unless also made available to you, shall have no bearing on your use of the BoatBuddy Services or the Third Party Charges applied to you. This payment structure is intended to fully compensate the Third Party Provider for the services or goods provided. You understand and agree that, while you are free to provide additional payment as a gratuity to any Third Party Provider who provides you with services or goods obtained through the BoatBuddy Services, you are under no obligation to do so. Gratuities are voluntary. After you have received services or goods obtained through the BoatBuddy Services, you will have the opportunity to rate your experience and leave additional feedback about your Third Party Provider. Cancellations You may elect to cancel your request for services from a Third Party Provider at any time prior to such Third Party Provider’s arrival, in which case you may be charged a cancellation fee, subject to BoatBuddy’s or its affiliate’s cancellation policies. If the services are cancelled for any reason not attributed to you in accordance with BoatBuddy’s or its affiliate’s cancellation policies, you will be entitled to a refund for any charges paid, unless within 3 hours of booking a service. BoatBuddy may, in BoatBuddy's sole discretion, waive in part or full, an applicable cancellation charge in relation to your purchase of items or items from a Third Party Provider in certain circumstances. A request for any such waiver must be made via an BoatBuddy affiliate’s customer support service. If any Third Party Provider fail or are cancelled for reasons that BoatBuddy determines, acting reasonably, are attributed to you (for example, you provided an incorrect delivery address) you will be charged no more than the full price purchased from the Third Party Provider. If any service provided by a Third Party Provider fail or are cancelled for any reason that BoatBuddy determines, acting reasonably, are not attributed to you, you will be entitled to a refund for any charges paid for those delivery services. Nothing in this section is intended to limit your rights as a consumer, including your entitlement to a refund or other applicable remedies, under the Australian Consumer Law. Repair or Cleaning Fees You shall be responsible for the cost of repair for damage to, or necessary cleaning of, Third Party Provider vessels and property resulting from use of the BoatBuddy Services under your Account in excess of normal “wear and tear“ damages and necessary cleaning (“Repair or Cleaning”). In the event that a Third Party Provider reports the need for Repair or Cleaning, and such Repair or Cleaning request is verified by an BoatBuddy affiliate in the affiliate’s reasonable discretion, BoatBuddy reserves the right to facilitate payment for the reasonable cost of such Repair or Cleaning on behalf of the Third Party Provider using your payment method designated in your Account. Such amounts will be transferred by BoatBuddy to the applicable Third Party Provider and are non-refundable.

5. DISCLAIMERS; LIMITATION OF LIABILITY; INDEMNITY LIMITATION SUBJECT TO LOCAL CONSUMER LAW The limitations and disclaimer in this section do not purport to limit liability or alter your rights as a consumer that cannot be excluded under applicable law, including any of the non-excludable requirements of the Australian Consumer Law. APPLICATION TO BOATBUDDY AND ITS AFFILIATES The limitations and disclaimer in this section 5 apply to the liability of BoatBuddy and its affiliates under these BoatBuddy Terms, including in relation to any of the BoatBuddy Services. Neither BoatBuddy nor any of its affiliates will be liable under or in connection with these BoatBuddy Terms. However, if an BoatBuddy affiliate provides BoatBuddy services to you, the BoatBuddy affiliate identified in the applicable BoatBuddy will be exclusively liable to you for in accordance with those terms. DISCLAIMER Except as required of BoatBuddy and its affiliates under the consumer guarantees, the BoatBuddy Services are provided “as is” and “as available”. BoatBuddy and its affiliates disclaim all representations and warranties, express, implied or statutory, not expressly set out in these BoatBuddy Terms (including any supplemental terms, where applicable), including any implied warranties of merchantability, fitness for a particular purpose and non-infringement, and make no representation, warranty, or guarantee regarding the reliability, timeliness, quality, suitability or availability of the BoatBuddy Services or any services or goods requested by you or on your behalf through the use of the BoatBuddy Services, or that the BoatBuddy Services will be uninterrupted or error-free. BoatBuddy and its affiliates do not guarantee the quality, suitability, safety or ability of Third Party Providers or an BoatBuddy affiliate (in its role as a delivery services provider). You agree that the entire risk arising out of your use of the BoatBuddy Services, and any services or goods requested by you or on your behalf through the use of the BoatBuddy Services, remains solely with you, to the maximum extent permitted under applicable law, including the Australian Consumer Law. LIABILITY Limitation of Liability If you are acquiring the services as a consumer, BoatBuddy's liability for a failure to comply with a consumer guarantee is limited to: (a) in the case of services supplied to you as part of the BoatBuddy Services, the supply of the relevant services again, or the payment of the cost of resupplying the services. In no event shall BoatBuddy’s or its affiliates’ total combined liability to you in connection with the BoatBuddy Services for all damages, losses and causes of action (whether in contract, in tort (including negligence), in equity, by operation of law or otherwise) exceed one thousand Australian dollars (AUD $1,000). Exclusion of Liability BoatBuddy’s and its affiliates’ liability to you for a breach of any condition, warranty or term of these BoatBuddy Terms that is not a breach of a consumer guarantee is also limited in the following way: BoatBuddy and its affiliates shall not be liable for indirect, incidental, special, exemplary, punitive or consequential damages, including lost profits, lost data, death, personal injury or property damage related to, in connection with, or otherwise resulting from any use of the BoatBuddy Services, even if BoatBuddy or its affiliate has been advised of the possibility of such damages. BoatBuddy and its affiliates shall not be liable for any damages, liability or losses arising out of: (i) your use of or reliance on the BoatBuddy Services or your inability to access or use the BoatBuddy Services; or (ii) any transaction or relationship between you and any Third Party Provider or BoatBuddy affiliate even if BoatBuddy or its affiliate has been advised of the possibility of such damages. BoatBuddy and its affiliates shall not be liable for delay or failure in performance resulting from causes beyond BoatBuddy’s or its affiliates’ reasonable control. You acknowledge that third party providers providing services requested through some request brands may offer ridesharing or peer-to-peer services and may not be professionally licensed or permitted. Third Party Goods and Services BoatBuddy Services may be used by you to request and schedule or an BoatBuddy affiliate, but you agree that BoatBuddy has no responsibility or liability to you related to any, services provided to you by Third Party Providers or any BoatBuddy affiliate than as expressly set forth in these BoatBuddy Terms. COMPLAINTS BoatBuddy or its affiliate will maintain a complaints management framework, and will manage this framework for BoatBuddy and its affiliates, and on behalf of Third Party Providers, in a reasonable way and in accordance with the non-excludable requirements of the Australian Consumer Law. INDEMNITY You agree to indemnify and hold BoatBuddy and its affiliates and their officers, directors, employees and agents harmless from any and all claims, demands, losses, liabilities, and expenses (including reasonable attorneys’ fees) arising out of or in connection with: (i) your use of the BoatBuddy Services obtained through your use of the BoatBuddy Services; (ii) your breach or violation of any of these BoatBuddy Terms; (iii) BoatBuddy’s use of your User Generated Content; or (iv) your violation of the rights of any third party, including Third Party Providers (“Losses”). Your liability under this clause shall be reduced proportionately if, and to the extent that, BoatBuddy or its affiliate directly caused or contributed to any such Losses.

6. GOVERNING LAW; DISPUTE RESOLUTION There are a number of mechanisms available to you to resolve any dispute, conflict, claim or controversy arising out of or broadly in connection with or relating to the BoatBuddy Services or these BoatBuddy Terms, including those relating to its validity, its construction or its enforceability (any “Dispute”). BoatBuddy or its affiliate operates a complaints process to allow you to make complaints about BoatBuddy, an BoatBuddy affiliate or Third Party Providers, and BoatBuddy or its affiliate also manages refunds to you in relation to those complaints. BoatBuddy or its affiliate will operate this complaints process in a reasonable manner. In addition, you may have rights to make a complaint to fair trading or consumer law bodies in relation to applicable consumer laws, including the non-excludable portions of the Australian Consumer Law. Except as otherwise set forth in these BoatBuddy Terms, these BoatBuddy Terms shall be exclusively governed by and construed in accordance with the laws of Queensland, Australia, excluding its rules on conflicts of laws. The Vienna Convention on the International Sale of Goods of 1980 (CISG) shall not apply. In the event of a Dispute, either party may file an action in the courts of Queensland, Australia or pursue final and binding arbitration or other alternative dispute resolution as agreed upon by the parties. Any proceedings, including documents and briefs submitted by the parties, correspondence from a mediator, and correspondence, order and awards issued by an arbitrator, shall remain strictly confidential and shall not be disclosed to any third party without the express written consent from the other party unless: (i) the disclosure to the third party is reasonably required in the context of conducting the mediation or arbitration proceedings; and (ii) the third party agrees unconditionally in writing to be bound by the confidentiality obligation set out in these BoatBuddy Terms.

7. OTHER PROVISIONS Claims of Copyright Infringement Claims of copyright infringement should be sent to BoatBuddy’s designated agent. Please visit BoatBuddy’s web page at https://www.boatbuddy.io/legal for the designated address and additional information. Notice BoatBuddy may give notice by means of a general notice on the BoatBuddy Services, electronic mail to your email address in your Account, or by written communication sent to your address as set forth in your Account. You may give notice to BoatBuddy by written communication to BoatBuddy’s address at Attn: XXXX Surfers Paradise, 4217, Queensland, Australia. App Stores You acknowledge and agree that the availability of the Applications may be dependent on the third party from which you received the Application’s license, e.g., the Apple iPhone or Android app stores (“App Store”). You acknowledge and agree that these BoatBuddy Terms are between you and BoatBuddy and not with the App Store and that BoatBuddy is responsible for the provision of BoatBuddy Services as described in these BoatBuddy Terms. However, if you downloaded the Application from the Apple App Store, Apple and its subsidiaries are third-party beneficiaries of these BoatBuddy Terms. Upon your acceptance of these BoatBuddy Terms, Apple shall have the right (and will be deemed to have accepted the right) to enforce these BoatBuddy Terms against you as a third-party beneficiary thereof. These BoatBuddy Terms incorporate by reference Apple’s Licensed Application End User License Agreement, for purposes of which, you are “the end-user”. In the event of a conflict in the terms of the Licensed Application End User License Agreement and these BoatBuddy Terms, these BoatBuddy Terms will control. General You may not assign or transfer these BoatBuddy Terms in whole or in part without BoatBuddy’s prior written approval. You give your approval to BoatBuddy for it to assign or transfer these BoatBuddy Terms in whole or in part, including to: (i) a subsidiary or affiliate; (ii) an acquirer of BoatBuddy’s equity, business or assets; or (iii) a successor by merger. No joint venture, partnership, employment or agency relationship exists between you, BoatBuddy or any Third Party Provider as a result of the contract between you and BoatBuddy or use of the BoatBuddy Services. If any provision of these BoatBuddy Terms is held to be illegal, invalid or unenforceable, in whole or in part, under any law, such provision or part thereof shall to that extent be deemed not to form part of these BoatBuddy Terms but the legality, validity and enforceability of the other provisions in these BoatBuddy Terms shall not be affected. In that event, the parties shall replace the illegal, invalid or unenforceable provision or part thereof with a provision or part thereof that is legal, valid and enforceable and that has, to the greatest extent possible, a similar effect as the illegal, invalid or unenforceable provision or part thereof, given the contents and purpose of these BoatBuddy Terms. These BoatBuddy Terms, including any incorporated policies, constitute the entire agreement and understanding of the parties with respect to its subject matter and replaces and supersedes all prior or contemporaneous agreements or undertakings regarding such subject matter. Nothing in this clause limits your rights as a consumer that cannot be excluded under applicable law, including the Australian Consumer Law. In these BoatBuddy Terms, the words “including” and “include” mean “including, but not limited to”.