BathyMaps — Terms and Conditions

Effective date: 6 July 2026 · Last updated: 6 July 2026

Agreement to these terms

These Terms and Conditions ("Terms") are a legally binding agreement between you and The Trustee for Cobban Family Trust (ABN 67 499 689 272), trading as BathyMaps ("BathyMaps", "we", "us", "our") of 34-38 Hooper Close, Gordonvale, Queensland 4865, Australia.

They govern your access to and use of our website at http://www.bathymaps.com.au (the "Site"), our mobile applications, and all related products and services that link to these Terms (together, the "Services").

By accessing or using the Services, you confirm that you have read, understood, and agree to these Terms. If you do not agree, do not use the Services.

The Services are intended for users who are at least 18 years old. You must not use or register for the Services if you are under 18.

We recommend you keep a copy of these Terms.

1. Important safety notice — planning aid only, not for navigation

BathyMaps is a fishing-planning and support tool. It is NOT for navigation and does not meet navigational standards. Our maps and data are compiled from third-party and survey sources (which we acknowledge on our data attribution page at https://bathymaps.com.au/about/attributions; see clause 7.4) and may be incomplete, inaccurate, or out of date, and seabed and water conditions change. You must not rely on the Services for navigation or for the safety of any person or vessel. Always navigate using official charts and appropriate navigation equipment, and exercise your own judgement and caution on the water. This notice does not limit your rights under the Australian Consumer Law (see clause 9).

2. Our services

BathyMaps is a seabed and ocean-mapping provider that helps people plan fishing trips — identifying likely fish-holding structure and narrowing down productive areas using scientific data. The Services comprise the Site and our offline apps (available via the Apple App Store and Google Play).

The Services are operated from Australia. If you access them from elsewhere, you do so on your own initiative and are responsible for compliance with local laws.

3. Eligibility and your account

3.1 To use some features you must register for an account. You agree to provide true, accurate and complete information and to keep it up to date.

3.2 You are responsible for keeping your password confidential and for all activity under your account. Tell us promptly at admin@bathymaps.com.au if you suspect unauthorised use.

3.3 We may reclaim or require you to change a username that is inappropriate, infringing, or impersonates another person.

4. Subscriptions, billing and renewal

4.1 Pricing. All prices are in Australian dollars and inclusive of GST unless stated otherwise. Current prices and plan options are shown at the point of purchase.

4.2 Billing and auto-renewal. Paid subscriptions are offered on a monthly or annual cycle, as you select. Your subscription automatically renews at the end of each cycle, and you authorise us (or our payment processor) to charge your payment method for each renewal, until you cancel.

4.3 Renewal reminder. For annual subscriptions, we will send a reminder to your registered email before the subscription renews.

4.4 Fee changes. We may change subscription fees. We will give you at least 30 days' notice of a price change before it takes effect, and the change will apply from your next renewal. If you do not agree, you may cancel before the change takes effect.

5. Cancellation and refunds

5.1 Cancellation. You may cancel your subscription at any time from your account settings. Cancellation takes effect at the end of your current paid cycle, and you keep access until then.

5.2 Your Australian Consumer Law rights come first. Nothing in this clause limits any right or remedy you have under the Australian Consumer Law (the "ACL") — see clause 9. The goodwill refunds below are in addition to those rights, not instead of them.

5.3 Guaranteed refunds. We will refund an annual subscription if: (a) we do not provide maps for the region you intend to fish; or (b) we are unable to provide the subscription service to you.

5.4 Goodwill change-of-mind refunds (annual subscriptions). If you simply change your mind, we offer, as a goodwill gesture:

5.5 Monthly subscriptions are not eligible for change-of-mind refunds, but you can cancel at any time to stop future renewals (clause 5.1), and your ACL rights (clause 9) still apply.

6. BathyMart add-on data

6.1 What you get. BathyMart items (available at https://bathymaps.com.au/shop/data) are sold as an ongoing online-access licence to high-resolution data that BathyMaps produces. When you purchase a BathyMart item we grant you a non-exclusive, non-transferable licence to access and use that data online within the BathyMaps Services only. You do not acquire ownership of the data, and there is no downloadable or exportable copy.

6.2 Ownership. All BathyMart data and associated intellectual property remain owned by BathyMaps. You must not copy, extract in bulk, scrape, redistribute, resell, sub-licence, or reverse engineer the data, or share your access with others.

6.3 Minimum access term. We guarantee access to purchased BathyMart data for a minimum of 12 months from purchase. During that period we will not withdraw your access except where clause 6.5 applies.

6.4 After the minimum term. After the 12-month minimum term, we may retire or withdraw a BathyMart product by giving you at least 60 days' notice by email. No refund is payable for withdrawal after the minimum term.

6.5 Suspension for breach. We may suspend or revoke access immediately, without refund, if you breach clause 6.2 (including bulk extraction, redistribution, sharing access, or reverse engineering) or initiate a fraudulent chargeback. If we withdraw a product for reasons other than your breach before the minimum term ends, we will provide a pro-rata refund or account credit.

6.6 Premium requirement. Access to BathyMart purchases requires an active BathyMaps Premium subscription. Your BathyMart licence persists if your Premium subscription lapses, and access resumes when you re-subscribe (subject to clauses 6.3–6.5).

6.7 Refunds. BathyMart purchases are not eligible for change-of-mind refunds. This does not affect your ACL rights (clause 9) if the data is faulty, not as described, or not fit for a purpose we told you it was suitable for. Before purchasing, please review the coverage, resolution and any sample/preview we provide.

7. Intellectual property

7.1 Our content. We own or licence all intellectual property in the Services, including the software, databases, designs, text, imagery, maps and data (the "Content"), and the BathyMaps trademarks and logos (the "Marks").

7.2 Your licence to use the Services. Subject to these Terms, we grant you a non-exclusive, non-transferable, revocable licence to access the Services and to view or print Content you have properly accessed, for your personal, non-commercial use. Except as permitted by these Terms or by law, you must not copy, reproduce, republish, distribute, sell, licence or commercially exploit any Content or Marks without our prior written permission.

7.3 Feedback. If you send us feedback, suggestions or ideas about the Services ("Feedback"), you retain ownership of your Feedback and grant us a perpetual, worldwide, royalty-free, non-exclusive licence to use it to operate and improve the Services, without any obligation to you. You warrant that you are entitled to give us that licence.

7.4 Third-party data and attribution. Some of the maps and data in the Services are compiled or derived from third-party and public survey sources. Those sources remain the property of their respective owners and are used under their applicable licences. We acknowledge them on our data attribution page at https://bathymaps.com.au/about/attributions. This is one reason the maps and data may be incomplete, inaccurate or out of date (see clause 1).

8. Your content and acceptable use

8.1 User content. The Services are not a platform for publishing public user content. You may create private waypoints and tracks, which you own; we process them to provide the Services and in accordance with our Privacy Policy.

8.2 Acceptable use. You agree not to:

• (a) systematically extract, scrape, or compile data or Content from the Services without our written permission;
• (b) reverse engineer, decompile, or attempt to derive source code, except as permitted by law;
• (c) circumvent or interfere with security, access-control, or usage-limiting features;
• (d) use bots, scripts, or automated means to access the Services other than standard search-engine/browser use;
• (e) interfere with, disrupt, or place an undue burden on the Services or connected networks;
• (f) upload or transmit malware or any harmful code;
• (g) impersonate any person, or misuse our support services or submit false reports;
• (h) use the Services to compete with us, for unauthorised commercial or revenue-generating purposes, or to advertise or sell goods or services;
• (i) collect other users' personal information, or use the Services for any unlawful purpose;
• (j) remove any proprietary notice, or sell or transfer your account.

8.3 Breach of this clause is a material breach and may result in suspension or termination under clause 11.

9. Consumer guarantees, warranties and liability

9.1 Consumer guarantees preserved. Our goods and services come with guarantees that cannot be excluded under the Australian Consumer Law. Nothing in these Terms excludes, restricts or modifies any consumer guarantee, right or remedy you have under the ACL or any other law where doing so would be unlawful. For a major failure you are entitled to the remedies the ACL provides.

9.2 Otherwise, "as is". Subject to clause 9.1 and to the extent permitted by law, the Services are provided on an "as is" and "as available" basis, and we do not warrant that they will be uninterrupted, error-free, or that Content, maps or data are accurate, complete or current (see the safety notice in clause 1).

9.3 Other liability. Subject to clauses 9.1 and 9.4, and to the extent permitted by law:

• (a) we are not liable for any indirect, consequential, special or incidental loss, or loss of profit, revenue, data, or goodwill; and
• (b) our total aggregate liability arising out of or in connection with the Services is limited to the amount you paid us in the 12 months before the event giving rise to the liability.

9.4 What we do not exclude. Nothing in these Terms excludes or limits liability that cannot be excluded or limited by law, including liability for death or personal injury caused by our negligence, or for fraud or fraudulent misrepresentation.

9.5 Your responsibilities. You are responsible for your own safety and that of your vessel, crew and passengers, for complying with marine laws and safety requirements, and for using appropriate navigation tools and official charts (clause 1).

10. Privacy

We handle personal information in accordance with our Privacy Policy at https://bathymaps.com.au/legal#privacy, which forms part of these Terms. The Services are hosted in Australia; by using them you consent to your information being processed in Australia.

11. Suspension and termination

11.1 By you. You may stop using the Services and close your account at any time (subscriptions: clause 5.1).

11.2 By us. We may suspend or terminate your access:

• (a) immediately, if you materially breach these Terms (including clauses 6.2 or 8), if required by law, or to protect the security or integrity of the Services or other users; or
• (b) otherwise, on reasonable notice.

Where we suspend or terminate without cause, we will refund any pre-paid fees for the unused portion of your subscription. We will not do so merely to deny you your ACL rights.

11.3 On termination, the licences granted to you end and you must stop using the Services. Clauses intended to survive (including 6.2, 7, 9, 13 and 14) continue.

12. Changes to the Services and these Terms

12.1 We may update the Services and these Terms from time to time. For material changes we will give you at least 30 days' notice (by email or in-app), and you may cancel before they take effect if you do not agree. Minor changes, or changes required for legal, security or operational reasons, may take effect immediately.

12.2 Continuing to use the Services after a change takes effect means you accept the updated Terms.

13. Dispute resolution

13.1 Talk to us first. If you have a concern, contact us at admin@bathymaps.com.au so we can try to resolve it.

13.2 Negotiation. If we cannot resolve it informally, each party agrees to attempt in good faith to resolve the dispute by negotiation for at least 30 days before starting court proceedings.

13.3 Exceptions. Clause 13.2 does not prevent either party from seeking urgent injunctive relief or relief to protect intellectual property rights.

14. Governing law and jurisdiction

These Terms are governed by the laws of Queensland, Australia. You and we submit to the jurisdiction of the courts of Queensland and the Commonwealth of Australia.

15. General

15.1 Entire agreement. These Terms (with the Privacy Policy and any plan-specific terms) are the entire agreement between you and us about the Services.

15.2 Severability. If any provision is invalid or unenforceable, it is severed and the rest continues in force.

15.3 Waiver. A failure to enforce a provision is not a waiver of it.

15.4 Assignment. You may not assign these Terms without our consent. We may assign or novate them (for example, on a sale of the business) on notice to you.

15.5 Force majeure. We are not liable for any delay or failure caused by events beyond our reasonable control.

15.6 Electronic communications. You consent to receiving communications from us electronically, and agree that electronic communications satisfy any legal requirement that they be in writing.

15.7 Notices. Notices to us go to admin@bathymaps.com.au; notices to you go to your registered email.

16. Contact us

The Trustee for Cobban Family Trust (ABN 67 499 689 272), trading as BathyMaps 34-38 Hooper Close, Gordonvale, Queensland 4865, Australia admin@bathymaps.com.au

BathyMaps — Privacy Policy

Effective date: 6 July 2026 · Last updated: 6 July 2026

Who we are

This Privacy Policy explains how The Trustee for Cobban Family Trust (ABN 67 499 689 272), trading as BathyMaps ("BathyMaps", "we", "us", "our"), collects, uses, discloses and protects your personal information when you use our website, mobile apps and related services (the "Services").

We are bound by the Australian Privacy Principles in the Privacy Act 1988 (Cth). If you have any questions, contact us at admin@bathymaps.com.au.

1. The personal information we collect

We collect personal information you give us and information collected automatically when you use the Services:

• Account information: your name, username, email address, and password.
• Payment information: payments are processed by our payment provider, Stripe. We do not collect or store your full card number or security code — Stripe handles that. We receive limited transaction information (such as that a payment succeeded and a partial card reference). Stripe's privacy notice: https://stripe.com/au/privacy.
• Location information: with your permission, our apps collect your device's location (which can be precise) to provide location-based features. You can turn this off in your device settings, though some features may not work.
• Device and usage information: device identifiers, model and operating system, app version, IP address, log data, and information about how you use the Services (pages/features used, timestamps, diagnostics and crash reports).
• Communications: information you provide when you contact us or give feedback.

We do not collect sensitive information (as defined in the Privacy Act).

2. Anonymity and pseudonymity

Where it is lawful and practicable, you can deal with us anonymously or using a pseudonym — for example, when making a general enquiry. For most account-based and paid features we need to identify you to provide the Services.

3. How and why we use your information

We use personal information to:

• create and manage your account and authenticate you;
• provide, maintain and improve the Services and troubleshoot problems;
• process payments, subscriptions and BathyMart purchases;
• respond to your enquiries and provide support;
• send you administrative messages (e.g. changes to terms, renewal reminders);
• send marketing communications where permitted (see clause 4);
• for analytics, security, and fraud prevention; and
• to comply with our legal obligations.

We only use your information where we have a lawful basis to do so.

4. Direct marketing and your choices

We may send you marketing about our products and services if you have opted in or where otherwise permitted. You can opt out at any time using the unsubscribe link in our emails or by contacting admin@bathymaps.com.au. We may still send you non-marketing service messages (e.g. billing, security, or account notices).

5. Cookies and tracking

We and our service providers use cookies and similar technologies on the Site to keep it secure, remember your preferences, and understand and improve how the Services are used. This includes the Meta Pixel (provided by Meta Platforms), an advertising and analytics tool that may set cookies and collect usage information to help us measure and improve our advertising. We also use Sentry for error and crash diagnostics, which collects technical information (such as device details and IP address) when the Services encounter a problem.

You can control or delete cookies through your browser settings; blocking some cookies may affect how the Site works. We do not currently operate a cookie consent banner; we will revisit this if required for visitors in regions with cookie-consent laws or by advertising-platform requirements.

6. When and with whom we share your information — and overseas disclosure

6.1 We do not sell your personal information. We share it only:

• with service providers who help us run the Services (e.g. cloud hosting, payment processing, advertising and analytics, and error and crash diagnostics) under contracts that require them to protect it and use it only for the services they provide to us;
• as part of a business transfer (e.g. a sale of the business or its assets); and
• where required or authorised by law, or to protect our rights, users or the public.

6.2 Overseas disclosure (APP 8). Our cloud hosting stores your personal information in Australia. However, some of our service providers are located overseas or may access data from overseas, so your personal information may be disclosed to, or accessed from, countries outside Australia — in particular the United States, being the location of our payment provider Stripe, our advertising provider Meta Platforms (Meta Pixel), and our error and crash-diagnostics provider Sentry. Where we disclose personal information overseas, we take reasonable steps to ensure the recipient handles it consistently with the Australian Privacy Principles.

7. Security and data breaches

7.1 We take reasonable technical and organisational steps to protect personal information from misuse, interference, loss, and unauthorised access, modification or disclosure. No method of transmission or storage is completely secure, so we cannot guarantee absolute security.

7.2 We comply with the Notifiable Data Breaches scheme under the Privacy Act. If a data breach is likely to result in serious harm, we will notify affected individuals and the Office of the Australian Information Commissioner (OAIC) as required.

8. How long we keep your information

We keep personal information only for as long as needed for the purposes in this Policy or as required by law (e.g. tax and accounting records). When it is no longer needed, we delete or de-identify it, or securely isolate it where deletion is not immediately possible (e.g. in backups).

9. Access, correction and complaints

9.1 Access and correction. You may ask us to access or correct the personal information we hold about you by emailing admin@bathymaps.com.au. We will respond within a reasonable time and may need to verify your identity. If we decline, we will explain why and how you can seek review.

9.2 Complaints. If you are concerned about how we have handled your personal information, contact us at admin@bathymaps.com.au and we will investigate and respond, usually within 30 days. If you are not satisfied with our response, you can complain to the Office of the Australian Information Commissioner (www.oaic.gov.au).

10. Children

The Services are intended for people aged 18 and over. We do not knowingly collect personal information from children under 18. If you believe we have, contact us at admin@bathymaps.com.au and we will delete it.

11. Changes to this Policy

We may update this Policy from time to time. We will post the updated version with a new "Last updated" date and, for material changes, take reasonable steps to notify you.

12. How to contact us

The Trustee for Cobban Family Trust (ABN 67 499 689 272), trading as BathyMaps 34-38 Hooper Close, Gordonvale, Queensland 4865, Australia admin@bathymaps.com.au

BathyMaps — End User Licence Agreement (EULA)

Effective date: 6 July 2026 · Last updated: 6 July 2026

Introduction

This End User Licence Agreement ("Licence") governs your use of the BathyMaps Companion mobile application and any updates (the "App"). The App is licensed, not sold, to you by The Trustee for Cobban Family Trust (ABN 67 499 689 272), trading as BathyMaps ("Licensor", "we", "us", "our") of 34-38 Hooper Close, Gordonvale, Queensland 4865, Australia.

By downloading or using the App from the Apple App Store or Google Play (the "Stores"), you agree to this Licence. The Stores are not a party to this Licence and are not responsible for the App. This Licence must not conflict with the Apple Media Services Terms and Conditions or the Google Play Terms of Service (the "Usage Rules"); if it does, the Usage Rules prevail to the extent of the conflict.

The App is for users at least 18 years old.

1. What the App is

The App is a fishing trip-planning and support tool. It lets BathyMaps Premium users download and use BathyMaps content offline, plan fishing trips using BathyMaps Premium maps, and record waypoints and tracks. The App is a planning aid only. It is not for navigation and does not meet navigational standards (see clause 8).

2. Licence grant and restrictions

2.1 We grant you a non-exclusive, non-transferable, revocable licence to install and use the App on a device you own or control, for your personal, non-commercial use, in accordance with this Licence and the Usage Rules.

2.2 You must not: (a) share, sell, rent, lease, sub-licence, or redistribute the App; (b) reverse engineer, decompile, disassemble, or attempt to derive the source code, except as permitted by law; (c) copy or modify the App except as expressly permitted; (d) remove any proprietary notices; or (e) use the App unlawfully or in breach of the Usage Rules. If you transfer your device to another person, you must remove the App first.

3. App-store terms and third-party beneficiaries

3.1 You agree to comply with the applicable Usage Rules of the Store you downloaded the App from.

3.2 This Licence is between you and the Licensor only, not with Apple or Google. However, Apple and Google (and their subsidiaries) are third-party beneficiaries of this Licence and may enforce it against you.

3.3 Maintenance, support, and any warranty for the App are the Licensor's responsibility, not the Stores'. Product and legal claims relating to the App are addressed by the Licensor (see clauses 5, 8 and 9).

4. Technical requirements

You are responsible for ensuring your device meets the technical requirements to run the App. We may update the App to work with new operating systems, hardware or features, and may change its technical requirements over time.

5. Maintenance and support

We provide maintenance and support for the App. You can reach us at admin@bathymaps.com.au. The Stores have no obligation to provide maintenance or support for the App.

6. Your data and privacy

Our handling of your personal information is described in our Privacy Policy at https://bathymaps.com.au/legal#privacy. You acknowledge that we may access, store and process your App content and personal information in accordance with that Policy, and may collect technical and diagnostic data to support and improve the App (in a form that does not personally identify you where practicable).

7. Your content

7.1 The App is not a platform for publishing public user content. Waypoints and tracks you create are yours; we process them to provide the App and per the Privacy Policy.

7.2 If you send us feedback or suggestions, you retain ownership and grant us a perpetual, worldwide, royalty-free licence to use them to improve the App (consistent with the Terms and Conditions).

8. Safety notice, consumer guarantees, warranty and liability

8.1 Planning aid only — not for navigation. The maps, charts and data in the App are for general fishing-planning reference only. They may be incomplete, inaccurate or out of date, and conditions change. Some of this data is compiled or derived from third-party and public survey sources, used under their respective licences and acknowledged on our data attribution page at https://bathymaps.com.au/about/attributions. Do not rely on the App for navigation or for the safety of any person or vessel. Always use official charts and appropriate navigation equipment, and exercise your own judgement. You are responsible for the safety of your vessel, crew and passengers and for complying with marine laws.

8.2 Consumer guarantees preserved. Our goods and services come with guarantees that cannot be excluded under the Australian Consumer Law (the "ACL"). Nothing in this Licence excludes, restricts or modifies any consumer guarantee, right or remedy you have under the ACL or other law where that would be unlawful.

8.3 Otherwise, "as is". Subject to clause 8.2 and to the extent permitted by law, the App is provided "as is" and "as available", and we do not warrant that it will be uninterrupted or error-free, or that its content, maps or data are accurate, complete or current.

8.4 Limitation of liability. Subject to clauses 8.2 and 8.6, and to the extent permitted by law: (a) we exclude liability for indirect, consequential, special or incidental loss, or loss of profit, revenue or data; and (b) our total aggregate liability in connection with the App is limited to the amount you paid for the App (or the applicable BathyMaps subscription) in the 12 months before the relevant event.

8.5 Warranty issues via the Store. If the App fails to conform to any applicable warranty, you may notify the relevant Store, and the Store may refund the App's purchase price (if any) to you; to the maximum extent permitted by law, the Store has no other warranty obligation for the App.

8.6 What we do not exclude. Nothing in this Licence excludes or limits liability that cannot be excluded or limited by law, including for death or personal injury caused by our negligence, or for fraud.

9. Product and intellectual-property claims

9.1 The Licensor (not the Stores) is responsible for addressing any claims relating to the App or your use of it, including product-liability claims, claims that the App does not meet a legal or regulatory requirement, and claims under consumer-protection or privacy law.

9.2 The Licensor (not the Stores) is responsible for investigating and defending any third-party claim that the App infringes intellectual-property rights.

10. Compliance with laws

You must comply with all applicable laws in your use of the App, including any applicable export-control and sanctions laws. You represent that you are not located in, or a national of, a country or on a list where provision of the App to you is prohibited by applicable sanctions or export laws.

11. Termination

This Licence applies until terminated. Your rights end automatically if you breach it. We may also terminate it on reasonable notice, or immediately for breach or where required by law. On termination you must stop using the App and delete all copies. Clauses intended to survive (including 7, 8, 9 and 12) continue.

12. Governing law

This Licence is governed by the laws of Queensland, Australia, and you submit to the jurisdiction of the courts of Queensland and the Commonwealth of Australia.

13. General

13.1 If any provision is invalid or unenforceable, it is severed and the remainder continues.

13.2 Any changes or amendments to this Licence must be made by us in writing (including by posting an updated version).

14. Contact

The Trustee for Cobban Family Trust (ABN 67 499 689 272), trading as BathyMaps 34-38 Hooper Close, Gordonvale, Queensland 4865, Australia admin@bathymaps.com.au