Terms and Conditions

Key Principles

Boatbuddy owns the rights to the Boatbuddy App. This connects you with Sharers so you can elect to provide Transportation Services to them.
When you provide Transportation Services to Sharers, you are contracting directly with them. You do not provide services to Boatbuddy.
If you enter into this Agreement, you do so as an independent provider of Water Craft Transportation Services to Sharers. In doing this, you agree you are conducting or undertaking your own business, and you are not an employee or worker of Boatbuddy.
As you are independent, you have certain rights and responsibilities:

Your rights include the option to choose if, when and where you use the Boatbuddy App. You are under no obligation to use the Boatbuddy App or provide Water Craft Transportation Services, including while using the Boatbuddy App. You may accept, reject or cancel Requests at your discretion; and
Your responsibilities include providing your own equipment (for example, a boat and phone), maintaining responsibility for your own tax and insurance arrangements, carrying the risk of providing Water Craft Transportation Services, obtaining the licences and approvals required to provide Water Craft Transportation Services, and complying with all applicable laws including relevant rideshare, discrimination, and safety legal requirements.

There is no obligation of exclusivity under this Agreement, which means you may work with competing businesses, or engage in any other occupation or business, at any time, including while logged into the Boatbuddy App or providing Transportation Services.
Please read these terms carefully. They include information about your responsibilities and how you, Boatbuddy may change or end the Agreement. There's also information about insurance and liability.

This Boat Owner Partner Services Agreement is entered into between you and Boatbuddy Technologies, Inc. (Boatbuddy) and Pty Limited ACN 622 XXXXXX () (together known as the parties).

1. ENTERING INTO AN AGREEMENT

1. (a) Once you agree to these terms, you enter into an agreement with Boatbuddy (the Agreement). By clicking "Yes, I agree" you expressly acknowledge that you have read, understood, and taken steps to thoughtfully consider the consequences of this Agreement, that you agree to be bound by the terms and conditions of the Agreement, and that you are legally competent to enter into this Agreement with Boatbuddy.

2. (b) The Agreement consists of (a) Supplemental Terms; and (b) these terms. The document that is earlier in the list will apply if there is any conflict between them. The Key Principles referred to above do not form part of this Agreement.

2. TERM OF THE AGREEMENT

This Agreement starts on the date that you accept the terms and will continue until terminated in accordance with section 15.

3. REQUESTS AND LICENCE

(a) If you satisfy the requirements to gain access to the Boatbuddy App in section 6:

(i) Boatbuddy will grant you a licence to use the Boatbuddy App during the term of this Agreement; and
(ii) for a Service Fee and payment of any other fee under this Agreement, will provide the Boatbuddy Services to you.

4. RELATIONSHIP BETWEEN THE PARTIES

(a) In entering into this Agreement: Boatbuddy – Boat Owner Partner Services Agreement(Australia)

(i) You represent to Boatbuddy that you operate a business providing Water Craft Transportation Services and that you intend to enter into this Agreement as a self-employed provider of Transportation Services to Sharers;
(ii) Boatbuddy offers to enter into this Agreement with you in reliance on your representation under section 4(a)(i); and
(iii) the parties agree and acknowledge that they do not intend to create an employment, independent contractor or worker relationship between you and Boatbuddy, or their Affiliates, or create a legal partnership, joint venture or give you the authority to bind Boatbuddy, or their Affiliates or hold yourself out as our employee, worker, agent, legal partner or authorised representative.

2. (b) Except as otherwise provided in this Agreement, Boatbuddy, or their Affiliates will not direct or control you generally or in connection with your performance of Transportation Services, including your acts or omissions, or your operation and maintenance of your Transportation Vessel.

3. (c) There is no obligation of exclusivity under this Agreement. That means you:

(i) retain the complete right to use other applications that connect you with on-demand work and/or to engage in any other occupation or business (including with competitor businesses) at any time, including while logged into the Boatbuddy App or while providing Transportation Services; and
(ii) are under no obligation to use the Boatbuddy App or provide Transportation Services.

5. YOUR OBLIGATIONS AND RIGHTS

5.1 Provision of Transportation Services

1. (a) You can log into the Boatbuddy App if, when, where, and for how long, you choose.

2. (b) You may accept, reject or ignore Requests at your absolute discretion.

3. (c) You may also cancel accepted Requests. Repeated cancellations of accepted Requests may breach the Community Guidelines and/or result in action being taken on your account.

4. (d) It is your responsibility to provide all necessary equipment, tools and other materials necessary to provide Transportation Services to Sharers, at your own cost.

5. (e) You may decide at your own discretion the route taken to fulfil Requests.

6. (f) When you provide Transportation Services using the Boatbuddy App, you must at all times do so safely and in a professional manner with due skill, care, courtesy and diligence. In addition, you must comply with the Community Guidelines and other Policies, and all laws that regulate or apply to you as a provider of point to point transport. This includes:

(i) applicable discrimination laws, including requirements to provide Transportation Services to Sharers with assistance animals. These apply in each State and Territory of Australia; and
(ii) applicable safety and point to point legislation, including in relation to fatigue management and fitness to operate a vessel. This may also include complying with reasonable instructions issued by a regulatory authority.

7. (g) In addition, when performing Transportation Services, you do so as a person conducting a business or undertaking, which means you may have obligations under safety and point to point transportation laws. You must promptly notify Boatbuddy of any accidents and any other notifiable incidents required by applicable Law that occur while providing Transportation Services to Sharers, and cooperate and provide information requested by a regulatory authority in relation to such incidents.

5.2 Your relationship with Sharers

(a) By providing Transportation Services to a Sharer, you create a direct business relationship and direct contract for the provision of those Transportation Services with that Sharer. You acknowledge and agree that:

(i) neither Boatbuddy, nor their Affiliates are a party to the contract between you and the Sharer;
(ii) neither Boatbuddy nor their Affiliates are responsible or liable for acts or omissions of any Sharer in relation to the Transportation Services or your Transportation Vessel;
(iii) you are solely responsible for liabilities to Sharers or other third parties that directly arise from your acts or omissions or your Transportation Vessel; and
(iv) you carry out your own trade and business when providing Transportation Services (including while using the Boatbuddy App).

5.3 Your account

1. (a) The provision of Transportation Services using the Boatbuddy App requires you to have access to a mobile phone and an active data plan. It is your responsibility to acquire and maintain a mobile device, and an active data plan, that can operate the Boatbuddy App at your own cost.

2. (b) The provision of point to point transport services is regulated in each State and Territory of Australia. This means that your account for the Boatbuddy App, which is verified against the licences needed in the Territory in which you are based to legally provide Transportation Services, is personal to you. It cannot be licensed, shared or modified. You must notify Boatbuddy if anyone else has or may have accessed your account and you must keep your login details confidential. Of course, despite this you are under no obligation at any time to use the Boatbuddy App.

5.4 How do ratings work?

1. (a) After receiving Transportation Services from you, a Sharer will be prompted by the Boatbuddy app to rate such Transportation Services, and you will be prompted to rate your Sharer. This can also include comments or feedback, which, along with the rating, you agree to provide in good faith. Feedback and ratings are Boatbuddy Data.

2. (b) Boatbuddy and their Affiliates are not required to verify any feedback or ratings. Boatbuddy may edit or remove comments if they include obscenities, objectionable content or Personal Data, or if they violate Law or the Community Guidelines.

6. LICENCES, PERMITS AND YOUR TRANSPORTATION VESSEL

6.1 Your licences and visas/work permits

1. (a) Before you provide Transportation Services or accept Requests on the Boatbuddy App, you must at all times meet the requirements as communicated to you via the Boatbuddy App or Boatbuddy.com website during the sign-up process or otherwise notified to you from time to time in accordance with this Agreement. These include requirements that you:

(i) hold all valid licences, insurances, permits, approvals and authority necessary for you to provide Transportation Services in the Territory and to use your Transportation Vessel;
(ii) at all times have a right to work in Australia as a Transportation Services provider, including that for non-Australian citizens, you must hold a visa which permits you to provide Transportation Services in Australia;
(iii) meet ’s background check and driving record requirements as these are linked to your vessel licence and
(iv) provide with any other information that reasonably requests for the purposes of complying with any applicable Law.

2. (b) You must:

(i) provide with satisfactory evidence of your visa (including any conditions), licences, insurances and work permits on request;
(ii) provide with a valid Australian Business Number;
(iii) at all times comply with any applicable conditions on your licences, work permits and visa conditions or right to work while performing Transportation Services using the Boatbuddy App; and
(iv) notify immediately of any changes to your licences, work permits, visa conditions, or right to work in Australia.

(c) Boatbuddy or its Affiliate will arrange for a secure check of your evidence of identity document(s) provided as part of the Boatbuddy App sign-up process (for example, your passport or birth certificate), with a third-party provider. You confirm that you are authorised to provide such document(s) to us and you consent to the document(s) being checked with the document issuer or official record holder, whether directly or via a third-party provider, for the purpose of confirming your identity. You acknowledge and agree that where an international passport is used as proof of identity, Boatbuddy or its Affiliate may check that the identity details on your passport match the identity details on your current visa.

6.2 Requirements for your Transportation Vessel

The Transportation Vessel used by you must:

(a) meet Boatbuddy's minimum requirements as stated on the Boatbuddy.com website and/or communicated to you during the sign-up process via the Boatbuddy App or Boatbuddy.com website, be in a clean and sanitary state, be maintained in good operating condition consistent with applicable industry safety and maintenance standards for a Vessel of its kind and be authorised to provide Transportation Services using the Boatbuddy App;
(b) meet all relevant requirements under applicable Laws, including being properly registered and licensed to be used by you to provide Transportation Services in the Territory or state (to the extent required by Law); and
(c) be owned or leased by you, or in your lawful possession.

6.3 Compliance with this section

Boatbuddy may check your compliance with this section 6 at any time, and you must provide Boatbuddy documentation requested to confirm this. If Boatbuddy considers, acting reasonably, that you have breached section 6 at any time, Boatbuddy may, without liability, stop sending you Requests. Boatbuddy may, acting reasonably, also, without liability, remove or restrict your access to the Boatbuddy App and Boatbuddy may reinstate your ability to receive Requests and/or access to the Boatbuddy App where a breach of this section 6 capable of remedy is remedied by you and documentation is provided to Boatbuddy to confirm this.

7. FEES AND PAYMENT

7.1 Payment of Transportation Fee

1. (a) You may charge a Transportation Fee for each completed Trip provided to a Sharer. Except as otherwise stated in this Agreement, the Transportation Fee is the only payment you will receive from Sharers for the provision of Transportation Services to Sharers.

2. (b) After the completion of any Transportation Services you provide to a Sharer, you have the right to instruct to charge the Sharer a lower Transportation Fee at your discretion.

7.2 Calculation of Transportation Fee

(a) Boatbuddy will offer a recommended Transportation Fee for each Trip on your behalf (Transportation Fee Calculation). You may charge a fee applicable to your requirements

The Transportation Fee should be based on:

(i) the greater of: (A) A minimum fare; covering fuel and general wear and tear and (B) a base fare plus rates for the time and distance of the Trip, (each as applicable to the Territory in which you provide Transportation Services to Sharers and type of Trip, fishing, sailing, swimming etc);

(b) The primary purpose of the pre-arranged Transportation Fee is to act as the default maximum amount you can charge your Sharer in the event you do not negotiate a lower Transportation Fee.

7.3 Payment of tips and promotions

(a) The Transportation Fee does not include any tips. Sharers may pay tips, either directly to you in cash or through the app. Boatbuddy will collect tips made through the Boatbuddy Platform on your behalf and remit the full amount of the tips to you on behalf of the Sharer. Boatbuddy will not apply a fee to any of your tips.

(b) From time to time, and to market the Boatbuddy App or a feature or functionality to you, Boatbuddy may, at its discretion, offer a promotion or incentive to you if you satisfy certain conditions determined by Boatbuddy and communicated to you (in promotional materials, via text or in-app message, email or another method). You are under no obligation to participate in any incentive offering. Any incentive payment is subject to the applicable conditions and is inclusive of GST (if any).

7.4 Adjustments to the Transportation Fee

1. (a) Boatbuddy is permitted to withhold payment of the Transportation Fee (or if the Transportation Fee has already been paid, require reimbursement of the Transportation Fee from you to the Sharer) for a particular Transportation Service you provide to a Sharer if:

(i) the applicable Transportation Services were not completed;
(ii) a Sharer has made a complaint related to your acts or omissions and Boatbuddy has taken reasonable steps to verify the veracity of the complaint; or
(iii) suspected fraudulent activity or misuse of the Boatbuddy App has been detected.

2. (b) Boatbuddy's decision to withhold payment or require reimbursement of a Transportation Fee under section 7.4(a) must be exercised in a reasonable manner.

7.5 Cancellation and other fees to Sharers

1. (a) You may charge a cancellation fee to a Sharer for a Request that has been cancelled in certain circumstances in accordance with Boatbuddy's or its Affiliate's cancellation policy, as made available to you via the Boatbuddy App (Cancellation Fee). Boatbuddy will remit any Cancellation Fee payable to you subject to a Service Fee in accordance with section 7.6.

2. (b) You may also charge other fees to your Sharers in certain circumstances, in accordance with the Policies (for example, cleaning fees to cover the cost of cleaning your Transportation Vessel due to a Sharer's actions).

7.6 Service Fee and other fees

(a) The Service Fee for a Trip is calculated as a percentage of the total of any: i) Transportation Fee; ii) Cancellation Fee; and iii) other fee referred to under section 7.5(b), excluding any levies or other fees that Boatbuddy has determined should be exempt from the Service Fee. The Service Fee you will pay is as follows:

(ii) Boat Owner Partner in Australia on or after 15 October 2024, you will pay a Service Fee of 12.5% (inclusive of GST); or
(iii) as otherwise set out in an applicable Supplemental Terms.

Boatbuddy – Boat Owner Partner Services Agreement(Australia)

2. (b) Subject to section 7.6(c), Boatbuddy may: (i) adjust the Service Fee or other fees and charges referred to in section 7.6(d), or introduce a new model to determine the Service Fee or other amounts payable by you; and/or (ii) change the Transportation Fee Calculation.

3. (c) Boatbuddy will let you know, in accordance with section 16.2, at least 30 days before making any change to the Service Fee or Transportation Fee Calculation that Boatbuddy reasonably regard will be detrimental to your rights under this Agreement (including any change that results in any increase to the Service Fee or introduction of a new Service Fee model).

4. (d) Boatbuddy may also charge other fees, surcharges or other amounts to you in certain circumstances in consideration for providing the Boatbuddy Services to you, as outlined on the Boatbuddy.com website (for example, a booking fee to help cover Boatbuddy's operational costs, and city or state based charges).

7.7 Payment processing

1. (a) You appoint Boatbuddy as your limited payment collection agent solely for the purpose of accepting payments from Sharers on your behalf. Payment made by Sharers to Boatbuddy (or its Affiliates) will be considered the same as payment made directly to you, including without limitation where Boatbuddy or its Affiliates collects payment from Sharers on your behalf prior to the commencement of the Trip. You acknowledge and agree that Boatbuddy’s obligations under this section 7.7 may be performed by one or more of Boatbuddy's Affiliates.

2. (b) Boatbuddy will remit to you, on at least a weekly basis, payment of:

(i) the Transportation Fee, including any levies on your behalf;
(ii) any incentive payments due to you under section 7.3(b);
(iii) any tips paid by Sharers through the Boatbuddy Platform;
(iv) any other fees payable to you in accordance with this Agreement; and
(v) less any fees (including the Service Fee) charged by Boatbuddy.

3. (c) If you have agreed to adjustments, discounts or deductions from the Transportation Fee (such as Vessel finance or lease payments), Boatbuddy will make those and determine the order of those adjustments, discounts or deductions.

4. (d) If Boatbuddy discovers payment errors that result in additional amounts being paid to you, or there is an adjustment required under section 7.4(a), Boatbuddy may deduct the amount from future fares, debit the amount from your card or bank account or seek reimbursement by other lawful means. Boatbuddy will inform you in writing if it exercises its right under this section 7.7(d), and must exercise its right in a reasonable manner.

7.8 Provision of invoices and receipts

1. (a) As part of the Boatbuddy Services, Boatbuddy provides you with a system for delivering receipts to Sharers.

2. (b) Upon your completion of Transportation Services to a Sharer, Boatbuddy will issue a receipt to the Sharer on your behalf setting out a breakdown of the amounts charged for the Transportation Services. Boatbuddy will provide you with a copy of the receipt via the Boatbuddy App. Boatbuddy will also issue a receipt to the Sharer on your behalf in respect of any Cancellation Fee or other fees you charge to a Sharer.

3. (c) Where you are GST registered and provide your Australian Business Number, Boatbuddy will also issue a tax invoice to the Sharer on your behalf in respect of your provision of Transportation Services or any Cancellation Fee or other fees you charge to a Sharer (where applicable).

7.9 GST and other Taxes

(a) In relation to the Transportation Services you provide using the Boatbuddy App, you are responsible for completing all Tax registration obligations, for calculating and remitting all Liabilities for Taxes related to your provision of Transportation Services as required by Law, and for providing Boatbuddy with all relevant business and Tax information.

Boatbuddy – Boat Owner Partner Services Agreement(Australia)

2. (b) Boatbuddy (or its Affiliate) may, as required by Law, withhold, deduct or collect and remit from payments due to you under this Agreement, any Taxes payable by Boatbuddy (or its Affiliate) resulting from your provision of Transportation Services using the Boatbuddy App, or other Taxes or amounts that Boatbuddy (or its Affiliate) is otherwise required to withhold, deduct or collect in relation to you or any payments due to you under this Agreement. Boatbuddy (or its Affiliate) may provide information regarding or in relation to payments due to you under this Agreement, and Taxes or other amounts withheld, deducted, collected or remitted directly to Tax or other governmental authorities, if required by Law. If Boatbuddy (or its Affiliate) withholds, deducts or collects any such Taxes you will not be entitled to receive any additional amount from Boatbuddy (or its Affiliate) on account of such Taxes.

3. (c) For the purposes of the GST law, Boatbuddy supplies to you the Boatbuddy Services in consideration for the Service Fee (and where applicable, other fees, surcharges or amounts). Boatbuddy supplies to you a licence to use the Boatbuddy App for no fee.

4. (d) Except to the extent otherwise specified in this Agreement, any amounts payable by you under this Agreement are exclusive of GST. If GST is payable on any supply by Boatbuddy made under this Agreement, for which the consideration is not expressly stated to include GST, you agree to pay Boatbuddy an additional amount equal to the GST at the same time that the consideration for the supply, or the first part of the consideration for the supply (as the case may be), is to be provided. In this Agreement, GST that is payable by Boatbuddy includes GST that is payable by the representative member of Boatbuddy’s GST group.

5. (e) You acknowledge and agree that the Transportation Fee, Cancellation Fee, and other fees and charges you charge to the Sharer are calculated inclusive of any applicable taxes (in particular GST). Boatbuddy shall calculate the Service Fee on the tax-inclusive amount of the relevant fees and charges you charge to the Sharer.

8. INTELLECTUAL PROPERTY

8.1 Ownership of intellectual property rights

Boatbuddy, certain of its Affiliates and their respective licensors own all rights in the Boatbuddy App and all Boatbuddy Data, including all intellectual property rights associated with them. The only rights granted to you to the Boatbuddy App or Boatbuddy Data are the rights set out in this Agreement. All rights not granted under this Agreement by Boatbuddy, certain of its Affiliates and their respective licensors, are expressly reserved.

8.2 Your right to use the Boatbuddy App

Subject to you complying with your obligations under this Agreement, Boatbuddy grants you a non-exclusive, non-transferable, non-sublicensable, non-assignable licence to use the Boatbuddy App for no fee during the term of this Agreement. You may only install and use the Boatbuddy App on your mobile device to provide Transportation Services and to track Transportation Fees.

8.3 Restrictions on the use of the Boatbuddy App or Boatbuddy Data

1. (a) You are responsible for maintaining the integrity of information relating to your access and use of the Boatbuddy App, including any password, login or key information.

2. (b) Without limiting any other part of this Agreement, you must not share (or enable sharing of) the Boatbuddy App or any information referred to under section 8.3(a) or any other Boatbuddy Data with a third party (including any aggregators), except to the extent required by Law. Account sharing or having unauthorised duplicate accounts is in breach of the Community Guidelines and may result in action being taken on your account. Also, you must not copy, modify, distribute, sell or lease any part of the Boatbuddy App or Boatbuddy Data, reverse engineer or attempt to extract the source code of any of Boatbuddy's software (other than as permitted by Law) or use the Boatbuddy App other than in accordance with this Agreement. If this Agreement or the licence granted to you under section 8.2 terminates for any reason, you must promptly delete the Boatbuddy App from your mobile device.

8.4 Boatbuddy Names, Marks or Works

Other than as required by Law or as expressly permitted by Boatbuddy or its Affiliate, you must not use any of Boatbuddy’s or its Affiliates’ names, logos, colours, trademarks, service marks, copyrights, slogans or other identifying symbols or indicia (registered or unregistered) of ownership or copyright (Boatbuddy Names, Marks, or Works as applicable). You must not create or register any (a) business names, (b) URLs, (c) domain names, (d) software application names or titles, or (e) social media handles or profiles that include Boatbuddy Names, Marks, or Works or any confusingly or substantially similar mark, name or title. You must not use Boatbuddy Names, Marks, or Works as your social media profile picture or wallpaper without Boatbuddy's express written permission.

You must not purchase keywords (including Google AdWords) that contain any Boatbuddy Names, Marks or Works and you must not display any Boatbuddy Names, Marks or Works on your Transportation Vessel or wear a uniform or any other clothing displaying any Boatbuddy Names, Marks or Works (unless Boatbuddy has agreed otherwise, or if required by Law). For clarity, you may wear clothing or a uniform that displays any name, marks or works associated with your own independent business of providing Transportation Services. Also, you must not register, or attempt to register or otherwise use or claim ownership of any Boatbuddy Names, Marks or Works. If Boatbuddy grants you any right to use any Boatbuddy Marks, the rights of an authorised user under section 26 of the Trade Marks Act 1995 (Cth) are expressly excluded from the licences granted under this section 8.4.

9. PRIVACY

1. (a) The terms and conditions of the Boatbuddy Privacy Notice will apply to the collection, use and processing of your Personal Data. This includes your location data, which you must provide as a condition of your receipt of the Request.

2. (b) If your Transportation Vessel is leased or financed by an applicable third-party Vessel provider, you agree that:

(i) Boatbuddy or its Affiliate may share information collected via your sign-up process ("Registration Data") with the third-party Vessel providers to allow the third-party Vessel provider to: (A) provide you with the requested Vessel sharing, leasing or financing service; and (B) use such Registration Data in accordance with the third-party Vessel provider’s privacy policy. Registration Data may include your name, email, address, phone number, profile photo, account status and other information regarding your eligibility to provide Transportation Services using the Boatbuddy App;
(ii) where applicable, Boatbuddy or its Affiliate may link your Boatbuddy account with the Boatbuddy account for your selected Vessel provider, and the Vessel provider, Boatbuddy and its Affiliate may continually share Registration Data as well as information related to your use of the Boatbuddy App, including trip data and payment information. Such shared information may be used by the Vessel provider to: (A) provide you with the requested Vessel solutions services; (B) offer you discounts, products or services; and (C) improve products and services; and
(iii) Boatbuddy or its Affiliate may receive information about you and the relevant supplied Vessel from third-party Vessel providers for the purposes of checking insurance and internal reporting.

3. (c) You must comply with all applicable Data Protection Laws in connection with the Transportation Services you provide using the Boatbuddy App and your activities under this Agreement.

4. (d) Without limiting the general obligation under section 9(c):

(i) you must only use Personal Data for the purpose of providing the Transportation Services and you must not retain any Personal Data for longer than it takes to fulfil the relevant Request;
(ii) you must maintain appropriate measures to protect the integrity, security and confidentiality of all Personal Data against any anticipated threats or hazards, and/or unauthorised access to or use of such data;
(iii) you must promptly tell Boatbuddy and Boatbuddy if you become aware of any actual or reasonably suspected unauthorised access, modification, use, disclosure, loss of or interference with Personal Data (Data Breach); and
(iv) you must promptly provide Boatbuddy and Boatbuddy with any information or assistance reasonably requested by either of them for the purposes of investigating and responding to any non-compliance with this section 9, any Data Breach, or a request from a Sharer or for a party's compliance with Data Protection Laws.

Nothing in this section prevents you from separately contacting a Sharer using information you have obtained outside of the Boatbuddy App and/or providing Transportation Services directly to a Sharer, or establishing a separate business relationship with a Sharer, outside of this Agreement.

10. MODERN SLAVERY PROHIBITION

You must not engage in any practice which would violate any national or international law regarding slavery, human trafficking, debt bondage, child labour, or deceptive recruitment for labour or services ("Modern Slavery"). You must notify Boatbuddy as soon as you become aware of any actual or suspected risk or instance of Modern Slavery in a supply chain that has a connection with this Agreement. You can report any instances of Modern Slavery to Boatbuddy through the Help section under Safety in the Boatbuddy app.

11. REPRESENTATIONS AND WARRANTIES

11.1 Your representations and warranties

You represent and warrant throughout the term of this Agreement that:

(a) you have full power and authority to enter into this Agreement and perform your obligations under this Agreement;
(b) you have not entered into, and during the term of this Agreement will not enter into any agreement that would prevent you from complying with this Agreement;
(c) you will comply with all applicable Laws in relation to your performance of this Agreement and use of the Boatbuddy App; and
(d) any information that you provide to Boatbuddy and/or Boatbuddy in connection with this Agreement is accurate, complete and up-to-date.

11.2 General disclaimer

1. (a) This section 11.2 applies only to the maximum extent permitted by applicable Law and does not (and is not intended to) override any rights that you have pursuant to applicable Law, including the Australian Consumer Law.

2. (b) You acknowledge and agree that this agreement makes no guarantee that you will receive Requests via the Boatbuddy App.

3. (c) Except as required under the Australian Consumer Law, Boatbuddy, Boatbuddy and their Affiliates make no representations, and expressly disclaim all warranties, express or implied, regarding the Boatbuddy App or any portion of them. Boatbuddy provides the Boatbuddy App 'as is' and 'as available'. Without limitation, Boatbuddy does not guarantee the availability or uptime of the Boatbuddy App or that access or use of the Boatbuddy App will be uninterrupted or error-free. You acknowledge that the Boatbuddy App may be unavailable due to scheduled maintenance or network failure or limitations, delays, and other problems inherent in the use of the internet and electronic communications. Boatbuddy, Boatbuddy and their Affiliates make no representations, warranties or guarantees as to the actions or inactions of the Sharer, or the availability of the Boatbuddy App.

12. INDEMNIFICATION

1. (a) You must indemnify, defend (at Boatbuddy's option) and hold harmless Boatbuddy, Boatbuddy, their Affiliates and their respective directors, officers, employees and agents from Liability of any of them arising out of or related to any of the following: (i) your failure to comply with any provisions of this Agreement; (ii) your breach of applicable Law or Tax obligations; or (iii) third party claims directly or indirectly related to your provision of Transportation Services or use of the Boatbuddy App.

2. (b) Your liability under this section 12 will be reduced proportionally if, and to the extent that, Boatbuddy or their employees or agents directly caused or directly contributed to any of the matters described in section 12(a).

13. LIMITATION OF LIABILITY

1. (a) In no event will Boatbuddy, Boatbuddy and their Affiliates be liable for any claim for any indirect, wilful, punitive, incidental, exemplary, special or consequential damages or for your or any third party’s property damage or loss, or loss or inaccuracy of data, or loss of business, revenue, profits, use or other economic advantage arising out of or related to your use of the Boatbuddy App or your provision of Transportation Services, whether based on contract, tort or any other legal theory, even if Boatbuddy, Boatbuddy and their Affiliates have been advised of the possibility of such damages.

2. (b) Subject to section 13(c), in no event will Boatbuddy’s and affiliate's combined total cumulative liability of each and every kind to you under this Agreement exceed the aggregate amount of Transportation Fees actually remitted or due to you under this Agreement in the six month period immediately preceding the event giving rise to the relevant claim.

(c) This section 13 applies only to the maximum extent permitted by applicable Law and does not (and is not intended to): (i) override any rights that you have pursuant to applicable Law, including the Australian Consumer Law; or (ii) apply to any damage or loss arising from death, personal injury or damage to tangible property directly caused by the negligence, fraud or wilful misconduct of Boatbuddy and their Affiliates.

14. INSURANCE

1. (a) You must, at your cost, take out and maintain:

(i) watercraft Vessel insurance, for each watercraft Vessel used to provide Transportation Services using the Boatbuddy App, for at least the minimum amount required by Law, and a valid third party property damage or comprehensive watercraft Vessel insurance policy that provides protection against property damage to third parties at all times when using the watercraft Vessel to provide such Transportation Services; and
(ii) workers' compensation insurance, as required by applicable Law. Where permitted by applicable Law, you may choose to maintain occupational accident insurance in place of workers' compensation insurance or, at your risk, not insure yourself against industrial injuries.

2. (b) You acknowledge and agree that: (i) watercraft Vessel insurance policies must name you as the policyholder or individually named Boat Owner; (ii) certain private watercraft Vessel insurance policies may not provide cover arising from your provision of Transportation Services using the Boatbuddy App; and (iii) it is your sole responsibility to inform the watercraft insurer of the use of the Vessel while providing Transportation Services to Sharers, as well as meet any other notification requirements.

3. (c) For your workers’ compensation insurance, you acknowledge and agree that: (i) you are self-employed and you are not an employee or deemed worker of Boatbuddy and/or Boatbuddy for the purposes of applicable Law; and (ii) accordingly, neither Boatbuddy or Boatbuddy is required to maintain or provide you with workers' compensation insurance or any other occupational injury insurance.

15. TERMINATION

15.1 Termination by you

You are under no obligation to use the Boatbuddy App or to accept Requests while using the Boatbuddy App. If you choose to stop using the Boatbuddy App, you may do so without giving Boatbuddy any notice, or you may terminate this Agreement and cease receiving the Boatbuddy Services without notice.

15.2 Termination by Boatbuddy

1. (a) Subject to any requirements under applicable Law, Boatbuddy may, acting reasonably, terminate this Agreement in its entirety by giving you 30 days' prior written notice of termination, for any legitimate business, legal or regulatory reason.

2. (b) Boatbuddy may also immediately restrict or remove your access to the Boatbuddy App, and provide you with written notice of the restriction or removal, if:

(i) you commit a material breach of this Agreement; or
(ii) an act or omission by you, in Boatbuddy’s reasonable judgment, is: (a) in breach of applicable Laws; (b) in violation of the Community Guidelines or any other Policy; or (c) creates a risk to health and safety of yourself or others, including in relation to fatigue.

3. (c) Boatbuddy may temporarily restrict your access to the Boatbuddy App if it or an Affiliate is investigating an alleged breach referred to under section 15.2(b) (including in response to complaints from Sharers about your conduct in connection with a Trip). There may be circumstances in which Boatbuddy is unable to provide you with information about the alleged breach whilst an investigation is ongoing (either by Boatbuddy and/or a third party such as the police).

4. (d) Boatbuddy may, but is not obliged to, reinstate your access to the Boatbuddy App where conduct contrary to section 15.2(b) is capable of remedy and is remedied by you and documentation is provided to Boatbuddy to confirm this.

15.3 Effect of termination

Outstanding payment obligations and sections 1 ('Entering into an agreement'), 5.3(b) ('Your account'), 7.4 ('Adjustments to the Transportation Fee'), 7.7(d) ('Payment processing'), 7.9 ('GST and other Taxes'), 8.1 ('Ownership of intellectual property rights'), 8.3 ('Restrictions on the use of the Boatbuddy App or Boatbuddy Data'), 8.4 ('Boatbuddy Names, Marks or Works'), 9 ('Privacy'), 11.2 ('General disclaimer'), 12 ('Indemnification'), 13 ('Limitation of liability'), 14 ('Insurance') (to the extent that insurances are required to be maintained after the term), this section 15.3, 16 ('General provisions') and 17 ('Definitions and interpretation') shall survive the termination of this Agreement.

16. GENERAL PROVISIONS

16.1 Notice

1. (a) Notices to Boatbuddy and Boatbuddy under this Agreement may be provided via the Boatbuddy App or by post to the address specified below, or an updated address provided by a party to the other by notice under this section.

2. (b) Notices to you will be provided by email to the email address associated with your account or by posting on the portal available to you on the Boatbuddy App.

3. (c) A notice will be considered to be received: (i) on actual delivery, if sent via the Boatbuddy App or email (unless the sender receives notification that the email failed to be delivered); and (ii) 2 business days after the date of posting, if sent by post.

16.2 Modifications to this Agreement

1. (a) Boatbuddy may, from time to time modify, update or replace the terms and conditions of this Agreement by making the updated version of these terms, Supplemental Terms, or other information available to you (including via hyperlinks in this document) via the Boatbuddy App or by publishing a new version of that document or information on the Boatbuddy.com website.

2. (b) If Boatbuddy with reasonable regard, makes a modification to the Agreement or any Supplemental Terms will be detrimental to your rights under this Agreement, Boatbuddy and Boatbuddy will let you know at least 30 days before that modification is effective. During that 30 day period (and at any other time you choose), you have the right to terminate this Agreement in accordance with section 15.1.

3. (c) You will have consented to the modifications made under this section if you continue to use the Boatbuddy App after the modifications have come into effect.

16.3 Supplemental Terms

You may be asked to agree to supplemental terms to this Agreement, such as addendums or terms related to certain features and functionality, which may be modified by Boatbuddy, from time to time in accordance with section 16.2 (Supplemental Terms). Supplemental Terms are in addition to, and form a part of, this Agreement in accordance with section 1.

16.4 Governing law

This Agreement is 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) will not apply.

16.5 Dispute Resolution

There are a number of mechanisms available to you to resolve any dispute, conflict, claim or controversy arising out of or in connection with or relating to the Boatbuddy Services or this Agreement, including those relating to its validity, its construction or its enforceability (any "Dispute"). Boatbuddy or its Affiliate operates a complaints process for resolving Disputes that allows you to make complaints about Boatbuddy or Third Party Providers. Boatbuddy or its Affiliate will operate this complaints process in a reasonable manner. In addition, you may have rights to make a complaint to relevant government bodies or small claims courts or tribunals.

16.6 Assignment

1. (a) Boatbuddy have the right to assign or transfer this Agreement or any or all of their respective rights or obligations under this Agreement, in whole or in part, without obtaining your prior consent. You may not assign or transfer this Agreement, as the Agreement needs to remain with you. However, you have the right to terminate this Agreement at any time without notice in accordance with section 15.1.

2. (b) Boatbuddy may each subcontract any of their obligations under this Agreement to an Boatbuddy Affiliate.

3. (c) Without limiting section 16.6(a), this Agreement binds, and will continue to benefit, each party to this Agreement and that party's respective successors and assignees.

16.7 General provisions

1. (a) The exercise of a right partially or on one occasion does not prevent any further exercise of that right in accordance with the terms of this Agreement. Neither a failure to exercise a right nor a delay in the exercise of a right operates as an election between rights or a variation of the terms of this Agreement.

2. (b) If a court of competent jurisdiction determines that a provision of this Agreement is invalid or unenforceable, the remainder of this Agreement (and to the extent practicable, the relevant provision) will remain in full force and effect.

3. (c) This Agreement contains the full and complete understanding and agreement between the parties relating to the subject matter of this Agreement, and this Agreement supersedes all prior and contemporary understandings and agreements, whether oral or written, relating to the subject matter of this Agreement. Nothing in this section is intended to exclude liability for fraud or fraudulent misrepresentation or any other representation which cannot be excluded by Law.

17. DEFINITIONS AND INTERPRETATION

17.1 Definitions

Affiliate means an entity that, directly or indirectly, Controls, is under the Control of, or is under common Control with a party. Australian Consumer Law means Schedule 2 of the Competition and Consumer Act 2010 (Cth).

Cancellation Fee means the cancellation fee as defined in section 7.5 of this Agreement.

Community Guidelines means the policy available at https://www.Boatbuddy.com/au/en/safety/Boatbuddy-community-guidelines/.

Control means having more than 50% of the voting stock or other ownership interest or the majority of the voting rights of such entity, the ability of such entity to ensure that the activities and business of the other entity are conducted in accordance with the wishes of that entity or the right to receive the majority of the income of that other entity on any distribution by it of all of its income or the majority of its assets on winding up.

Boat Owner Partner Services Agreement(Australia)

Data Protection Law means all applicable Laws imposing an obligation in relation to the collection, use, disclosure, storage or transmission of Personal Data, including any codes, principles or guidelines contained in or arising out of such Laws, including the Privacy Act 1988 (Cth).

Boat Owner Partner means an independent provider of Transportation Services using the Boatbuddy App.

GST has the same meaning as in the A New Tax System (Goods and Services Tax) Act 1999 (Cth).

Law means any law (including subordinate or delegated legislation or statutory instruments of any kind) and also any judgment, order, policy, guideline, official directive or request (even if it does not have the force of law) of any government agency or regulatory body, including a stock exchange, applicable to any of the parties.

Liability means any claims, damages, losses, fines, Taxes, or expenses and includes any wage or payroll tax, social insurance premiums or employee or workers compensation insurance premiums, superannuation contributions or superannuation guarantee charges that may be imposed as a result of a failure to comply with Tax or other obligations.

Modern Slavery has the meaning given to this term in section 10 of this Agreement.

Personal Data means any information provided to you by Boatbuddy, Boatbuddy and its Affiliates: (a) relating to an identified or identifiable natural person; (b) that can reasonably be used to identify or authenticate an individual, including name, contact information, precise location information, persistent identifiers; or (c) that may otherwise be considered 'personal data' or 'personal information' under applicable Law.

Policies means: (a) the Community Guidelines and other standard policies of Boatbuddy, Boatbuddy and their Affiliates that apply to the provision of Transportation Services using the Boatbuddy App, as published at https://www.Boatbuddy.com/legal/en/#policies-and-guidelines (or a replacement URL); and (b) other applicable requirements as communicated by Boatbuddy or Boatbuddy to you from time to time.

Request means any request for Transportation Services you receive from Sharers via the Boatbuddy App.

Sharer means a user (an individual or an entity) who has requested Transportation Services from you via the Boatbuddy Platform.

Right to work means an entitlement to work in Australia as a Boat Owner Partner, and includes any entitlement to work that a person may have by reason of being an Australian citizen or by reason of holding an Australian visa that permits the visa holder to perform work as a Boat Owner Partner, consistent with any visa conditions.

Service Fee means the fee payable by you to Boatbuddy in exchange for the Boatbuddy Services provided by Boatbuddy, as set out in section 7.6(a) of this Agreement.

Supplemental Terms has the meaning given to this term in section 16.3 of this Agreement.

Tax means all forms of taxes, levies, duties, charges, imposts, contributions, deductions, withholding or liabilities however described, whether Australian or foreign, that are imposed by Law or by a government agency, together with any related interest, penalty, fine, surcharge, cost or other charge.

Territory means the areas within Australia where you are permitted under the Boatbuddy App or applicable Laws to receive Requests.

Transportation Fee means the transportation fee you can charge a Sharer for each completed Trip, as calculated in accordance with section 7.2 of this Agreement.

Transportation Services means on-demand passenger transportation services.

Transportation Vessel means the Vessel used by you, or proposed to be used by you, to provide Transportation Services using the Boatbuddy App.

Trip means each instance of a Transportation Service you provide to a Sharer.

Boatbuddy Data means all data related to the access and use of the Boatbuddy App or obtained in connection with this Agreement, including all data related to Sharers, all data related to the provision of Transportation Services to Sharers and the Boatbuddy App, all ratings, feedback or comments provided by you, and the identification and password key assigned to you that enables you to use and access the Boatbuddy App.

Boatbuddy App means the mobile application licensed to you by Boatbuddy that enables you to access and receive Requests.

Boatbuddy Platform means the technology services owned by Boatbuddy including the Boatbuddy app, Boatbuddy App, and Boatbuddy.com website.

Boatbuddy Services means the procurement and facilitation of lead generation services, being intermediary and related services (such as payment processing services) rendered via the Boatbuddy App to enable you to seek, receive and fulfil Requests.

17.2 Interpretation of this Agreement

In this Agreement, unless the context otherwise requires: (a) headings and information boxes are for convenience only and do not affect interpretation; (b) reference to any document includes reference to that document as amended, novated, supplemented, or replaced from time to time; and (c) if an example is given of anything, such as by saying it includes something else, the example does not limit the scope of that thing.

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Terms and Conditions For Boat Owners