Terms of Service

1. About these Terms

These Terms of Service (Terms) form an agreement between you and ILLUSTRIOUS & CO TRADING PTY LTD (ABN 48 657 369 796) (YachtShareOS, we, us or our). They govern your access to and use of YachtShareOS, YachtShare Berths and related websites, applications, subscriptions, workspaces, listings, enquiries, bookings, support and services (Services).

By creating an account, accepting an order form, purchasing a subscription, making or accepting a booking, creating or claiming a listing, or otherwise using the Services, you agree to these Terms. If you do not agree, do not use the Services.

If you use the Services for an organisation, syndicate, marina, yacht club, berth owner or commercial operator, you confirm that you have authority to bind that entity. In that case, you and your includes both you and that entity.

2. Definitions

• Booker means a person who makes, requests or manages a berth booking through YachtShare Berths.
• Booking means a booking or request for a berth or related service made through YachtShare Berths.
• Customer means a person or organisation that obtains a YachtShareOS subscription, workspace or commercial implementation.
• Customer Data means data, documents, images, records, messages and other material submitted to or generated for a Customer through the Services, excluding our software, templates, analytics and underlying intellectual property.
• Listing means a marina, yacht club, berth or related listing on YachtShare Berths.
• Listing Provider or Provider means the marina, yacht club, berth owner or other person that supplies or offers the berth or related service.
• Order Form means a proposal, order, statement of work or other written document accepted by us and a Customer that identifies services, pricing or additional terms.
• User means any person who accesses or uses the Services, including a Customer, administrator, owner, crew member, Booker or Listing Provider.
• Workspace means the dedicated YachtShareOS environment configured for a Customer and its authorised Users.

3. Eligibility and authority

You must be at least 18 years old and legally capable of entering a binding agreement. You must provide accurate information and must not use the Services if you are prohibited from doing so under applicable law.

A person accepting these Terms for an entity warrants that the person has authority to do so. We may request reasonable evidence of identity, authority, ownership, business details or listing rights.

4. The Services

YachtShareOS provides operational record-management, workspace, communication, subscription and related software services for private syndicates, commercial operators and other shared-vessel operations. YachtShare Berths provides directory, enquiry and booking-facilitation services connecting Bookers with Listing Providers.

The features available to you depend on your plan, Order Form, role, permissions, workspace configuration and any separately accepted transaction terms. We may provide reasonable updates, fixes and improvements during the term.

5. Accounts, workspaces and roles

• You must keep account information accurate and credentials confidential.
• You are responsible for activity carried out through your account, except to the extent caused by our breach of these Terms or failure to use reasonable security measures.
• You must notify us promptly if you suspect unauthorised access or a security incident.
• Workspace administrators control invitations, roles, permissions and access to Customer Data within their Workspace.
• A Customer is responsible for its Users, for assigning appropriate permissions and for promptly removing access when it is no longer required.
• You must not share an individual account between multiple people unless the plan or written agreement expressly allows it.

6. Subscription plans and Order Forms

Private syndicates may purchase monthly or annual subscription plans. Commercial operators may receive a configured implementation under an Order Form. An Order Form may include implementation scope, onboarding, limits, service levels, fees or other negotiated terms.

If an Order Form expressly conflicts with these Terms, the Order Form prevails to the extent of the conflict. These Terms continue to apply to matters not addressed by the Order Form.

Plan limits may include numbers of vessels, Users, workspaces, records, storage, integrations or other usage measures. Current limits and inclusions will be disclosed before purchase or in the applicable Order Form.

7. Fees, GST and payment

• You must pay the fees displayed at purchase or stated in an Order Form.
• YachtShareOS subscription, implementation and service fees are inclusive of GST where GST applies, unless we clearly state otherwise before purchase.
• You authorise our payment-processing provider to charge the selected payment method for amounts due under these Terms.
• We do not intend to store complete payment-card details. Payment credentials are handled by the payment-processing provider under its terms and privacy arrangements.
• You are responsible for maintaining a valid payment method and accurate billing details.
• If payment fails, we may retry the charge and, after reasonable notice, restrict or suspend paid features until the amount is paid.
• You are responsible for bank, foreign-exchange or card-provider charges that are not imposed by us.

8. Automatic renewal, cancellation and subscription refunds

Monthly and annual subscriptions automatically renew for successive periods of the same length unless cancelled before the renewal date. The billing frequency and renewal basis will be disclosed before purchase.

You may cancel through your account where that function is available or by contacting info@oceanopsos.com. Cancellation takes effect at the end of the current paid billing period. You may continue using the paid subscription until then, subject to these Terms.

We do not provide refunds or credits for an unused portion of a subscription period, a change of mind or a failure to use the Services. This does not limit any refund, remedy or other right that cannot lawfully be excluded under the Australian Consumer Law or another applicable law.

We may change subscription pricing for a future renewal by giving reasonable advance notice. A price change will not apply during a period already paid for. If you do not agree to the new price, you may cancel before the next renewal.

9. Trials and discretionary access

We may grant a trial or other discretionary access arrangement on request through info@oceanopsos.com. Trial duration, features, limits, payment requirements and any conversion to a paid subscription will be disclosed when the trial is offered. We may end or limit a trial in accordance with those disclosed terms, subject to applicable law.

10. Customer Data and user permissions

As between the parties, the Customer retains its rights in Customer Data. The Customer grants us a non-exclusive, worldwide, royalty-free licence to host, copy, process, transmit, display and otherwise use Customer Data only as reasonably necessary to provide, secure, support and improve the Services, comply with law and exercise our rights under these Terms.

You must ensure that you have all rights, notices, consents and authority required to provide Customer Data, including information about owners, crew, guests, employees, contractors, berth users and other people. You must not submit information or material in breach of privacy, confidentiality, intellectual-property or other rights.

Customers are responsible for configuring roles, reviewing records and deciding which Users may access, change, approve, export or delete Customer Data.

11. Privacy

Our Privacy Policy explains how we handle personal information in connection with the Services. By using the Services, you acknowledge that personal information will be handled as described in that policy and according to applicable law.

12. Acceptable use

You must not, and must not help another person to:

• use the Services for unlawful, fraudulent, deceptive, unsafe or abusive activity;
• submit content you do not have the right or authority to use;
• misrepresent identity, authority, vessel ownership, listing rights, availability, safety, pricing or booking information;
• interfere with security, access controls, availability or operation of the Services;
• introduce malware, scrape the Services at scale, send spam or conduct unauthorised automated activity;
• attempt to access another account, Workspace or non-public system without permission;
• reverse engineer, decompile or attempt to discover source code except to the extent the restriction is prohibited by law;
• copy, resell, sublicense or commercially exploit the Services except as expressly permitted; or
• use the Services, data or outputs to make a decision that unlawfully discriminates against a person or infringes their rights.

13. Marine operations and safety

The Services are operational record-management and facilitation tools. They do not replace navigation equipment, official charts or notices, weather and marine warnings, vessel manuals, inspections, maintenance, emergency equipment, legal requirements, marina rules, insurance conditions, competent seamanship or professional marine advice.

YachtShareOS does not certify or guarantee that a vessel, berth, route, voyage, document, checklist, record, operator, crew member or booking is safe, seaworthy, compliant, available or suitable. Users and the responsible vessel operator or master must independently verify conditions and make all operational, navigation and safety decisions.

The Services are not an emergency service and must not be relied on to contact emergency authorities. In an emergency, contact the appropriate emergency or marine-rescue service directly.

14. Automated and AI-assisted features

The Services may use automated or AI-assisted features to extract information from photographs or documents, classify records, prepare summaries, assist with debriefs or generate informational suggestions. Outputs may be incomplete, outdated or incorrect and must be reviewed by a suitably authorised and competent person.

You remain responsible for original source material, review, correction, approval and any decision made using an output. Automated outputs are not legal, regulatory, insurance, engineering, navigation, weather, safety or other professional advice and must not be used as the sole basis for a high-risk or emergency decision.

15. Third-party services, integrations and data

The Services may link to, display data from, or integrate with third-party payment, mapping, weather, marine, communication, storage, authentication or other services. Third-party services are governed by their own terms and privacy arrangements.

We are not responsible for the independent acts, omissions, availability or accuracy of a third-party service. We may suspend or change an integration if the third party changes or withdraws access, or if necessary for security, compliance or service integrity. We will take reasonable steps to minimise material disruption where practicable.

16. Service availability, maintenance and support

We aim to provide reliable Services but do not guarantee uninterrupted or error-free availability. Access may be affected by maintenance, updates, security incidents, internet or telecommunications failures, third-party services and events outside our reasonable control.

We may perform scheduled or emergency maintenance and will provide notice where reasonably practicable. Any service level expressly included in an Order Form will apply to that Customer. Support is available through the contact method stated in the Services or at the email address below.

17. Intellectual property

We and our licensors own all rights in the Services, including software, interfaces, designs, templates, documentation, branding, databases, workflows and improvements, excluding Customer Data and third-party material. We grant you a limited, non-exclusive, non-transferable and revocable right to access and use the Services during the applicable term for your internal or personal operational purposes and in accordance with these Terms.

If you provide feedback or suggestions, you grant us a perpetual, worldwide, royalty-free right to use them without identifying you or disclosing your confidential information. We are not required to implement feedback.

18. Confidentiality

Each party must take reasonable steps to protect the other party's confidential information and may use it only to perform or receive the Services, exercise rights under these Terms, or comply with law. This obligation does not apply to information that is public through no breach, already lawfully known, independently developed or lawfully received without restriction.

19. Suspension

We may suspend access to all or part of the Services where reasonably necessary because of a material breach, overdue payment, suspected fraud, unlawful or unsafe use, a security threat, legal requirement or risk of material harm to another person, the Services or our business.

Where practicable, we will give notice and an opportunity to remedy the issue. We may act immediately where delay would increase security, legal, safety or fraud risk. We will limit the suspension to what is reasonably necessary and restore access when the relevant issue is resolved.

20. Termination

You may stop using free website functions at any time and may cancel a paid subscription under section 8. Either party may terminate an Order Form as stated in that Order Form.

We may terminate an account or agreement for an unremedied material breach after reasonable notice, or immediately for serious fraud, unlawful activity, deliberate security compromise, insolvency where permitted by law, or conduct creating an unacceptable risk of harm.

When access ends, your licence to use the Services ends. Fees accrued before termination remain payable. Customers should export required records before access ends. We may retain, return, export or delete Customer Data according to the applicable plan, Order Form, Privacy Policy, legal obligations and reasonable technical practices.

21. YachtShare Berths — platform role

YachtShare Berths operates as both a directory and an online marketplace that facilitates enquiries and Bookings. Unless we expressly state that we supply a specific berth service ourselves:

• the Listing Provider, not YachtShareOS, is the supplier of the berth or related service;
• the contract for the berth service is between the Booker and Listing Provider;
• we do not own, operate, manage, inspect or control the listed berth, marina, facilities or vessel;
• we do not hold berth payments on trust or in escrow; and
• we are not the agent, partner, employee or representative of the Booker or Listing Provider merely because we facilitate the transaction.

22. YachtShare Berths — listings

Listings may be created from information supplied by a Listing Provider or from publicly available sources. A Listing Provider may claim, verify, correct or update a Listing by completing any verification steps we reasonably require.

A Listing Provider must:

• have legal authority to offer the berth and enter the Booking;
• provide accurate, current and complete information about location, dimensions, access, availability, pricing, facilities, restrictions and material conditions;
• maintain required approvals, registrations, licences and insurance;
• comply with applicable laws, marina rules, safety duties and consumer obligations;
• honour confirmed Bookings and communicate promptly about changes or cancellations; and
• not publish misleading, infringing, discriminatory, unsafe or unlawful content.

We may correct, suspend, remove or refuse a Listing where information is inaccurate, unverified, unlawful, unsafe, misleading, disputed or inconsistent with these Terms. We will act reasonably and, where practicable, give the Listing Provider an opportunity to respond.

23. YachtShare Berths — bookings and payment flow

A Booking is subject to the Listing details, the Listing Provider's disclosed rules and cancellation policy, these Terms and any transaction-specific terms shown before confirmation. A Booking is confirmed only when the Services show confirmation or the Listing Provider confirms it through the applicable process.

The Listing Provider sets the berth price and is responsible for the berth service. YachtShareOS may charge a booking or service fee for facilitating the transaction. The total amount, our service fee and applicable mandatory charges will be disclosed before the Booker confirms payment. Prices shown at checkout are inclusive of GST where GST applies, unless clearly stated otherwise.

Payments are processed by a third-party payment provider and are directed to the Listing Provider, less any disclosed service fee or payment-processing adjustment. YachtShareOS does not hold the Listing Provider's money after Booking confirmation and does not operate an escrow or trust account for the Booking.

Each Listing Provider is responsible for its own tax treatment, tax invoices and reporting obligations. YachtShareOS is responsible for tax obligations relating to its own service fee.

24. YachtShare Berths — cancellations, refunds and disputes

The Listing Provider sets the cancellation and refund policy for the berth service. That policy must be displayed or made available before the Booking is confirmed and forms part of the contract between the Booker and Listing Provider.

The Listing Provider is responsible for deciding and funding refunds relating to the berth service in accordance with its policy and applicable law. Any refund may be processed through the original payment method or payment-processing provider. YachtShareOS may assist communications or technical processing but does not guarantee a particular outcome.

The refundability of YachtShareOS's service fee will be stated at checkout or in the transaction-specific Booking terms. Nothing in these Terms excludes a refund or remedy that must be provided under the Australian Consumer Law, including where our facilitation service fails to meet a non-excludable consumer guarantee.

Bookers and Listing Providers should first try to resolve berth-service disputes directly and in good faith. We may request information and facilitate communications but are not required to determine the parties' legal rights.

25. YachtShare Berths — Booker responsibilities and suitability

Before making or using a Booking, the Booker must independently verify that the berth is suitable for the vessel and intended use. This includes dimensions, draft, tidal and weather conditions, access, utilities, security, insurance, local restrictions, arrival procedures and any marina or owner requirements.

• provide accurate vessel, contact and Booking information;
• comply with the Listing Provider's rules, directions and safety requirements;
• maintain any required vessel registration and insurance;
• use the berth lawfully, safely and only for the confirmed period and purpose;
• not transfer or resell a Booking unless the Listing Provider expressly agrees; and
• pay for loss or damage for which the Booker is legally responsible.

Directory information may change and may have originated from public sources. Bookers must confirm material information with the Listing Provider before relying on it.

26. Australian Consumer Law

Nothing in these Terms excludes, restricts or modifies a consumer guarantee, right, remedy or liability that cannot lawfully be excluded, restricted or modified, including under the Competition and Consumer Act 2010 (Cth) and the Australian Consumer Law.

Where permitted by law and where a failure relates to services not ordinarily acquired for personal, domestic or household use, our liability for failure to comply with a non-excludable guarantee is limited, at our option, to supplying the relevant services again or paying the cost of having them supplied again.

27. Disclaimers

Except for rights and guarantees that cannot be excluded, the Services are provided on an as-available basis. We do not promise that all data, listings, third-party information, automated outputs or user-submitted records will be accurate, complete, current or suitable for a particular purpose.

We are responsible for providing our own Services with the level of care required by law. We are not responsible for the independent acts or omissions of Customers, Users, Listing Providers, Bookers, vessel operators, crew, third-party services or other persons outside our reasonable control.

28. Liability

To the maximum extent permitted by law, neither party is liable to the other for indirect or consequential loss, loss of profit, loss of opportunity or loss of goodwill that was not reasonably foreseeable when the agreement was made. This exclusion does not apply to fraud, wilful misconduct, breach of confidentiality, infringement of intellectual property, a party's payment obligations, or liability that cannot lawfully be excluded.

To the maximum extent permitted by law, our aggregate liability arising from the Services during any 12-month period is limited to the greater of: (a) the amount paid to us for the affected Services during that period; and (b) AUD $100. This cap does not apply to liability for death or personal injury caused by our negligence, fraud, wilful misconduct, or liability that cannot lawfully be limited.

Our liability is reduced to the extent that your act or omission, or that of a third party for whom you are responsible, caused or contributed to the loss.

29. Indemnity

You indemnify us against a third-party claim, loss or reasonable external cost to the extent caused by your unlawful conduct, material breach of these Terms, infringement of third-party rights, unauthorised Customer Data, or your provision or use of a berth service. This indemnity does not apply to the extent the claim or loss was caused by our negligence, breach or wilful misconduct.

30. Changes to the Services or these Terms

We may update the Services and these Terms to reflect legal, security, technical or operational changes. We will publish the current Terms and update the effective date. If a change materially reduces your rights or materially increases your obligations during a paid term, we will provide reasonable advance notice unless an urgent change is required by law or for security.

A material change will normally apply from your next renewal. If it must apply earlier and you do not agree, you may contact us to discuss cancellation and any remedy required by law. Changes do not retrospectively alter a completed Booking unless the parties agree or the law requires it.

31. Dispute resolution

Before starting court proceedings, a party should give the other written notice describing the dispute and allow at least 14 days for good-faith discussions. This does not prevent either party from seeking urgent interlocutory relief, exercising a statutory right or making a complaint to a regulator or consumer-protection body.

A dispute about the berth service itself should first be raised with the relevant Listing Provider. A dispute about YachtShareOS's subscription, facilitation service or service fee should be raised with us.

32. General

• Notices may be given through the Services or to the account email address. You must keep that address current.
• You may not assign these Terms without our consent, which will not be unreasonably withheld. We may assign them as part of a genuine corporate restructure, financing or sale of the relevant business, provided this does not materially reduce your rights.
• If any provision is invalid or unenforceable, it will be read down or severed to the minimum extent necessary, and the remaining provisions continue.
• A failure or delay to exercise a right is not a waiver.
• These Terms and any applicable Order Form are the entire agreement about the Services, excluding representations that cannot lawfully be excluded.
• Queensland law governs these Terms. The parties submit to the courts of Queensland and courts entitled to hear appeals from them, subject to any non-excludable right to bring proceedings elsewhere.

33. Contact

Questions, cancellation requests, support requests and notices may be sent to ILLUSTRIOUS & CO TRADING PTY LTD (ABN 48 657 369 796):

Email: info@oceanopsos.com