Terms of Service

Terms governing access to and use of Wavii

Last updated: 10 November 2025

Welcome to Wavii, the mobile application and website provided by Wave Australia Operations Pty Ltd (ACN 690 868 154, ABN 63 690 868 154) ("Wavii", "we", or "us"). Wavii is a maritime rideshare and charter platform operating in Australia. These Terms of Service ("Terms") govern your access to and use of the Wavii app and website (together, the "Wavii Platform" or "Services"). By creating an account or using the Wavii Platform, you agree to be bound by these Terms and our Privacy Policy. If you do not agree, you must not use the Wavii Platform.

Platform Role: The Wavii Platform is a technology service that enables users ("Passengers") to request and book private charter and other maritime services in real time. Wavii operates the platform and facilitates payments, while the actual transportation services are provided by independent third‑party vessel operators ("Operators"). You acknowledge that Wavii is not itself a transportation carrier or maritime operator, and does not provide water transport services. When you make a booking through Wavii, the service is delivered by an Operator, and your ride or charter is a separate contract between you and that Operator. Wavii's role is to connect you with Operators and to act as a limited payment collection agent on their behalf for your fare. Nothing in these Terms alters the fact that Operators are independent contractors and not employees, agents, or representatives of Wavii.

Please read these Terms carefully, as they affect your legal rights and obligations. Key sections, including Disclaimers and Limitation of Liability (Section 8) and Dispute Resolution (Section 9), contain important information regarding our responsibilities and how disputes are handled. For questions, contact legal@wavii.au.

1. Eligibility and Registration

1.1 Minimum Age. To register for a Wavii account and use the Services, you must be at least 18 years old (or the age of legal majority in your jurisdiction). By creating an account, you represent and warrant that you meet this age requirement and have the legal capacity to enter into a binding contract.

1.2 Account Setup. You must create an account with Wavii to request rides or charters. Account registration requires providing accurate and up‑to‑date personal information, including your name, contact details (such as phone number or email), and a valid payment method (e.g., credit card or an accepted payment partner). You agree to maintain accurate, current information in your account at all times. If your information or payment method is invalid, expired, or incomplete, you may be unable to use the Services, and/or your account may be suspended.

1.3 One Account; No Unauthorized Use. You may only register and maintain one user account, unless expressly permitted by Wavii in writing. You are responsible for all activity that occurs under your account, and you must keep your account credentials secure. You may not authorize others to use your account, and you must not share your login details with anyone. If you suspect unauthorized access to your account, you must notify us immediately.

1.4 Underage Passengers. The Services are not available to persons under 18 to use independently. You must not request rides or services for unaccompanied minors. If you are booking a ride for an individual under 18, you (as the account holder or a responsible adult) must accompany that individual during the ride. Operators have the right to refuse service to unaccompanied minors or if they suspect the passenger is underage and alone.

1.5 Account Verification. We reserve the right to require identity or age verification at registration, or at any later time, to ensure compliance with these Terms. This may include verifying your phone number or email, requiring a verification code, or asking for additional identification documents. Failure to comply with verification procedures may result in account suspension.

1.6 Consent to Communications. By registering, you consent to receive communications from Wavii, including via the Wavii Platform, email, SMS, and/or phone calls regarding your account, bookings, and use of the Services. Message and data rates may apply for SMS or cellular communications. You can opt out of non‑essential marketing communications by following the unsubscribe instructions in those messages.

2. Platform Use Rights and Restrictions

2.1 License to Use Wavii. Subject to your ongoing compliance with these Terms, Wavii grants you a limited, non‑exclusive, non‑transferable, revocable license to access and use the Wavii mobile application and website on your personal device solely for the purpose of requesting and receiving the offered Services. This license is for personal, non‑commercial use only. You acquire no ownership of the app, website, or any underlying software or content by using the Service, and all rights not expressly granted to you in these Terms are reserved by Wavii and its licensors.

2.2 Intellectual Property. The Wavii Platform (including all software, text, graphics, logos, button icons, images, and content, except for content provided by users or Operators) is owned or licensed by Wavii and is protected by copyright, trademark and other intellectual property laws. "Wavii" and associated logos or designs are trademarks of Wavii (or its affiliates/licensors). You are not granted any right to use Wavii's name or trademarks for any purpose without our prior written consent. You agree not to remove, alter, or obscure any copyright, trademark, or proprietary rights notices on the Platform.

2.3 Permitted Use. You agree to use the Wavii Platform only for lawful purposes and as intended—namely, to arrange and pay for maritime services for yourself or authorized companions. Any other use of the Platform or content is prohibited without our prior written approval.

2.4 Prohibited Activities. You must not engage in any misuse of the Wavii Platform. In particular, you agree NOT to:

  • Copy or Exploit the Service: Reproduce, distribute, modify, or create derivative works from the Platform or any portion of it in any way not expressly permitted by us. This means you may not sell, resell, lease, or commercially exploit the Wavii app/website or its content.
  • Reverse Engineer or Tamper: Decompile, reverse engineer, disassemble, decrypt, or otherwise attempt to derive the source code of the Wavii application or any software underlying the Services (except as allowed by mandatory law). Further, you must not attempt to bypass or defeat any security or encryption measures used by the Platform.
  • Interfere or Disrupt: Undertake any action that imposes an unreasonable or disproportionately large load on the Platform's infrastructure, or use any device, software, or routine to interfere or attempt to interfere with the normal operation of the Services. This includes scraping, crawling, data mining, or using any robot, spider, script, or automated process to extract data or other content from the Platform. Similarly, you must not introduce any viruses, malware, or other harmful code into the app or website.
  • Unauthorized Access: Attempt to gain unauthorized access to the Platform or related systems or networks, or circumvent any access control or authentication measures.
  • Impersonation or False Information: Misrepresent your identity, impersonate any person or entity, or falsely state or misrepresent your affiliation with any person or entity when using the Platform. You must not use someone else's personal information or payment information to create or use an account without authorization.
  • Illegal or Harmful Use: Use the Platform to engage in any unlawful, fraudulent, or harmful activity, or in any manner that violates any applicable laws or regulations. This includes refraining from using Wavii to transport prohibited or dangerous goods, to facilitate crimes, or to violate maritime regulations or other laws.

If you engage in any of these prohibited activities or otherwise violate these Terms, it may result in immediate termination or suspension of your account (see Section 6) and may also subject you to civil, legal, or criminal penalties under applicable law.

2.5 Platform Updates. We may from time to time update or modify the Wavii app or website (for example, to add or remove features, improve functionality, or fix bugs). These updates may happen automatically on your device. You agree that certain updates may be required for continued use of the Platform, and you consent to receive such updates. We are not responsible if you cannot access the Services due to failure to install any required update.

2.6 Third‑Party App Stores. If you downloaded the Wavii app from a third‑party app store such as Apple's App Store or Google Play, you acknowledge that those third parties are not parties to this agreement and have no obligation or liability to you in connection with the Services. However, both you and Wavii acknowledge that Apple and Google (and their subsidiaries) are third‑party beneficiaries of these Terms for purposes of enforcing any rights hereunder related to your use of the app on their respective platforms. You agree to comply with all applicable third‑party terms of service (e.g., Apple App Store Terms or Google Play Terms) when using the Wavii app. In case of any conflict between those terms and our Terms, these Terms will govern the relationship between you and Wavii, to the extent permitted.

3. Booking Terms

3.1 Requesting a Ride/Charter. The Wavii Platform allows you to request on‑demand maritime services, which may include point‑to‑point transport/transfers, sightseeing or other tours, and private charters. When you submit a booking request (specifying pickup location, destination or charter details, time, number of passengers, etc.), the Platform will attempt to match you with an available Operator. All booking requests are subject to Operator availability and acceptance. Any estimated pickup or wait time shown is an estimate only, not a guarantee.

3.2 Confirmation of Booking. A booking is confirmed only when an Operator accepts your request through the Platform and you receive a confirmation notification in the app (or via email/SMS). At that point, a direct agreement for transport is formed between you and the Operator for the provision of the maritime service. Wavii facilitates this connection but is not a party to that transport agreement. Until you receive a confirmation, your request may be declined or remain unfulfilled, and no guarantee of service exists. You should not assume a ride is happening until it is confirmed in‑app.

3.3 Service Contracts and Operator Terms. Upon confirmation, you are entitled to receive the service as described in the booking (e.g., route or charter duration, vessel type, number of passengers, agreed fees). The Operator is responsible for delivering the service in a safe and lawful manner. In some cases (especially for certain charter services or special events), additional terms or waivers may apply between you and the Operator (for example, safety briefings, liability waivers for adventure activities, or rules for on‑board conduct). You agree to adhere to any reasonable rules or terms provided by the Operator as long as they do not conflict with these Terms or applicable law. If you do not agree to any such additional terms, you should not proceed with that booking (you may cancel as allowed, but cancellation fees might apply; see Section 3.6).

3.4 User Responsibilities at Pickup. You are responsible for arriving at the designated pickup point (wharf, dock, marina, etc., as indicated in the app) at the scheduled time. Please ensure you and your party are ready to board with any necessary personal items well before the vessel's arrival. If you anticipate any delay or have trouble locating the pickup point, you should communicate with the Operator via the app or contact Wavii support for assistance. Failure to be at the pickup location on time may be treated as a no‑show or late cancellation, and may incur fees (see Section 4.4 on cancellation and waiting time fees).

3.5 Conduct During Trip. Once on board, you must follow all reasonable instructions from the Operator or crew (see also Section 5 – User Conduct). This includes safety instructions like wearing life vests if provided, staying seated when asked, and not interfering with the operation of the vessel. The Operator has the right to terminate the trip or refuse to continue service if you or your party seriously breach safety protocols or exhibit prohibited conduct (e.g., aggression, endangering the vessel or others). In such cases of user misconduct, you may not receive a refund for the unused portion of the service and may be responsible for damages or costs arising from your behavior.

3.6 Cancellation and No‑Show Policy. You may cancel a booking before it is confirmed without charge. Once a booking is confirmed, cancellation rules apply:

  • If you cancel a confirmed ride or charter within a certain short window (as specified in the app, e.g., within a few minutes of confirmation for on‑demand rides), you may not be charged a fee.
  • If you cancel after the allowed window or close to the pickup time (or after the Operator has already dispatched), you may incur a cancellation fee to compensate the Operator for time and fuel spent. The app will inform you of any applicable cancellation charge at the time of your cancellation.
  • If you fail to show up at the pickup location within a reasonable time (typically a few minutes) of the scheduled pickup, the Operator may mark you as a "no‑show" and depart. In such case, you may be charged a no‑show fee or an amount equivalent to a minimum fare or the applicable cancellation fee for that service. No‑show fees compensate Operators for their time and the opportunity cost of the missed trip.

The specific fees and timing for cancellations and no‑shows may vary and are disclosed in the Wavii app or booking confirmation for each city or service type. We reserve the right to change the cancellation policy from time to time, but any changes to fees will not apply retroactively to bookings you already made.

3.7 Operator Cancellations. In some circumstances, an Operator might cancel a confirmed booking. This could occur due to reasons such as the vessel becoming unavailable (mechanical issues), the Operator deeming conditions unsafe (e.g., sudden bad weather), or other operational issues. If an Operator cancels, you will be notified as soon as possible through the app or other contact information you provided. In case of an Operator cancellation, you will not be charged for the trip, and any pre‑authorized payment hold for the fare will be released or refunded. We will assist in either rebooking you with another available vessel or rescheduling the service if feasible, but availability is not guaranteed. We are not liable for any losses or inconvenience caused by an Operator cancellation, but if you experience a cancellation, please contact Wavii support and we will do our best to help.

3.8 Service Modifications (Delays, Route Changes). After pickup, if you request changes to your destination or to extend the duration of a charter, the Operator may accept or decline such changes at their discretion. If accepted, additional charges may apply (for example, a longer route or extended time may increase the fare). The app may allow mid‑trip updates to the booking which will adjust the price accordingly. Likewise, if unforeseen circumstances (like waterway closures, emergencies, or weather) require a route change or delay, the Operator will inform you. If a significant modification is needed (e.g., cannot reach the original pickup location or destination), you may have the option to cancel the trip, end the trip early, or go to an alternate drop‑off, and fare adjustments or partial refunds will be handled case‑by‑case. We cannot guarantee that every trip will follow the exact planned itinerary, as safety and compliance with maritime regulations take priority.

3.9 No Guarantee of Availability or Uninterrupted Service. While we aim to show real‑time vessel availability and to fulfill every confirmed booking, we do not guarantee that a vessel will always be available for your requested time or that, once confirmed, a service will occur without interruption or delay. Maritime transport is inherently subject to variables (weather, water conditions, marine traffic or congestion at wharves, etc.). You agree that the Wavii Platform is not liable for any failure to provide a ride or charter at a requested time, or for any delay or interruption in a service, so long as you are not charged for unperformed services. If you are charged for a service that did not occur or was significantly deficient, please contact us for review—you may be eligible for a refund under our policies or applicable law.

3.10 Location Suitability & Seamanship.

a) Convenience only. Any pre‑defined pickup, drop‑off, or meeting‑point markers shown in the app are for convenience only and do not imply that such locations are publicly accessible, operational, or suitable for your particular vessel or conditions.

b) Operator acceptance = operator judgment. By accepting a booking request, the Operator represents and warrants that the selected pickup/drop‑off location is suitable and safe for the proposed service, and that the Operator is legally entitled to operate to/from that location (including any wharf, marina, or private facility approvals). If unsuitable, the Operator must promptly propose an alternative safe and lawful location and coordinate with the Passenger through the app.

c) Seamanship standard. In assessing locations and routes, Operators must exercise prudent seamanship consistent with the ordinary practice of seamen, and with any special circumstances of the case (e.g., weather, tide, draft, traffic, restrictions, or berth conditions).

d) Passenger awareness. Passengers must comply with posted wharf/marina instructions and any lawful directions from the Operator or authorities when meeting at the agreed location.

4. Payment and Charges

4.1 Fare Estimates and Pricing. The price for a ride or charter ("fare") will be communicated via the Wavii Platform. For on‑demand rides, the app may show an estimated fare or a fare range before you confirm the request. For charters or longer services, you may receive a quote based on the proposed itinerary/time. Any estimate provided is not guaranteed; the final fare may differ if the actual trip details change (for example, if the route is longer, if there is significant waiting time, or if you incur additional fees as described below). However, if you do not deviate from the requested service, the fare you are quoted at confirmation is typically the amount you will be charged. We strive for price transparency: the app will show how fares are calculated (e.g., base fare, distance rate, time rate, surcharges, etc., or a flat rate). All fares are in Australian Dollars (AUD) and inclusive of applicable taxes (such as GST) unless stated otherwise.

4.2 Payment Method. When registering for the platform, you may be required to provide at least one valid payment method (credit or debit card, or other electronic payment method) which will be linked to your Wavii account. Our payment processing is handled by Stripe, and we also support payment via digital wallets like Apple Pay and Google Pay through Stripe's integration. You authorize Wavii (and its third‑party payment processors, such as Stripe) to charge your selected payment method for all rides, charters, and fees that you incur on the Wavii Platform. This includes fares, taxes, surcharges, cancellation or no‑show fees, damage fees, or any other applicable charges. Your payment information is stored and processed securely in accordance with our Privacy Policy; we do not store full card numbers on our own servers. You must ensure that the payment method on file is current, valid, and has sufficient funds/credit. If at any time we attempt to charge you and the payment method fails (e.g., card expired or insufficient funds), we may suspend your account until an alternative valid payment method is provided and the outstanding amounts are paid.

4.3 Authorization Holds. When you request a service, you agree that Wavii may place a temporary authorization hold on your payment method for the estimated amount of the fare (or a nominal amount to verify your card) to ensure payment can be completed. This is not an actual charge at that time, but it may reduce your available credit balance. The hold will be released or converted to a charge after the trip is completed and final pricing is determined. If the service is not provided (e.g., ride not confirmed or is canceled in compliance with our policies), any hold will be released, though it may take your bank a few business days to reflect the release.

4.4 Surcharges and Additional Fees. In addition to the base fare for the ride or charter, certain additional fees may apply depending on the circumstances. By using Wavii, you agree to be responsible for such fees when they arise. Common additional charges include:

  • Cancellation Fee: As explained in Section 3.6, if you cancel a confirmed booking outside the allowed cancellation window, or if you are a no‑show, you may be charged a fee (typically a set cancellation fee or the equivalent of a minimum fare) to compensate the Operator.
  • Waiting Time Fee: If an Operator has to wait for you beyond a grace period at pickup (e.g., the first 5 minutes after the scheduled pickup time might be free), a per‑minute waiting charge may apply. The rate (if applicable) will be disclosed in the fare details. For charters, if you exceed the allotted time of the booking, overtime may be charged at the charter's hourly rate or as specified by the Operator.
  • Damage or Cleaning Fee: If you or anyone in your party causes damage to an Operator's vessel or property, or leaves an unusual mess that requires extra cleaning (e.g., excessive spillage, vomiting, breakage of equipment), you will be responsible for the cost of repair or cleaning. Wavii, in consultation with the Operator, will assess the extent of damage/cleaning and charge an appropriate amount to your payment method. We will provide notice and, where possible, documentation (like photos or receipts) for any damage/cleaning charges added.
  • Tolls, Wharf or Dock Fees: In some cases, additional third‑party charges may apply to your trip (for example, certain wharves or marinas have landing fees, or there may be maritime tolls or canal fees on some routes). If such fees are incurred by the Operator specifically for your trip, they may be added to your fare. We will itemize these in the receipt when possible.
  • Surge or Peak Pricing: During times of high demand (peak periods or special events), Wavii may employ dynamic pricing (often called "surge" pricing). The app will indicate when surge pricing is in effect, and the fare estimate will reflect the higher price. It is your choice whether to proceed with a request at the surge price.
  • Payment Processing Fee: Wavii does not currently charge riders a separate credit card or processing fee beyond the fare. However, if at any point a regulatory surcharge or processing fee is required (for instance, to cover specific costs of payment processing or new taxes), we will inform you clearly. Your bank or card issuer might separately charge fees (for example, foreign transaction fees if your card is from outside Australia), which are outside our control.

All applicable fees will be displayed in the app and in your trip receipt. We aim to be transparent with all charges. If you have any questions about a fee or believe you were incorrectly charged, you can contact Wavii support for clarification or dispute (see Section 9 on Dispute Resolution).

4.5 Payment Processing and Receipts. Charges are facilitated through Stripe on behalf of the Operator as their limited payment collection agent. Payment of the fares and fees in this manner shall be considered the same as payment made directly by you to the Operator. This means once you have paid, the Operator is deemed paid and cannot seek the same payment from you again. After each ride or charter, we will provide you with a receipt (via email or accessible in the app) detailing the trip and the charges. This receipt will typically include a breakdown (fare, any wait time, taxes, fees, etc.) and information about the Operator.

4.6 Disputed Charges. If you believe you were charged in error (for example, you see an incorrect amount, or you were charged for a trip you didn't take), you should contact us as soon as possible. We will investigate the charge, and if an error is found on our side or the Operator's side, we will correct it (by refund or credit). If you dispute a charge directly with your bank or card issuer, please also notify us—note that initiating a chargeback does not instantly guarantee a refund and may lead to temporary suspension of your account during the investigation. We encourage resolving issues with us first, as we can often address them faster.

4.7 Promotions and Credits. Wavii may from time to time offer promotional discounts, referral credits, or other offers that can be applied towards payment of certain rides or services. These are subject to specific terms and may expire if not used. Promotions are generally one‑time offers and may be limited to one per user or one per account. We reserve the right to withhold or deduct credits or benefits obtained through a promotion in the event that we determine (in our reasonable opinion) that the redemption of the promotion or credit was in error, fraudulent, illegal, or in violation of the applicable promo terms.

4.8 Taxes. Fares and fees include GST (Goods and Services Tax) as applicable. If in the future additional taxes or government charges apply to the services or to your use of the Platform, we reserve the right to add such taxes to the amounts charged as required by law. We will remit taxes to the appropriate authorities as required. If you require a tax invoice for business purposes, please let us know.

5. User Conduct and Obligations

When you use the Wavii Platform and partake in rides or charters, you agree to conduct yourself in a safe, respectful, and lawful manner. We are committed to ensuring a positive experience for all users and Operators. By using Wavii, you agree to the following standards of conduct:

  • Respect Others: Treat your Operator (Master and any crew) and any Wavii staff or representatives with courtesy and respect at all times. This means no abusive language, no harassment, no discrimination, and no unwanted physical contact. We have a zero‑tolerance policy for violence, sexual harassment, or any form of abuse. If you engage in harassing or violent behavior, you may be removed from the vessel and banned from the Platform.
  • Follow Safety Instructions: Marine transport has inherent safety requirements. You must follow all reasonable instructions given by the Operator or crew for your safety and the safety of others. This includes wearing life jackets or other safety gear when instructed, abiding by seating/standing guidelines, not leaning overboard or throwing items from the vessel, and generally complying with all maritime safety rules. Do not distract the Master while they are navigating, except as needed for communication about the trip.
  • No Illegal Activity or Prohibited Items: You must not use the Service for any unlawful purposes. You are prohibited from carrying or transporting any illegal substances, weapons, or hazardous materials during your trip. Operators have the right to inspect (visually) what you bring on board, and to refuse transport to any item or passenger they reasonably suspect to be unlawful or dangerous.
  • Alcohol and Smoking: Consumption of alcohol on board and smoking policies may vary by Operator and local regulations. Some charters might allow moderate alcohol consumption if agreed in advance, while others (especially short rides) may not. It is your responsibility to check with the Operator if you plan to bring or consume alcohol. Under no circumstances should you become heavily intoxicated and endanger yourself or others on a vessel. Drug use (other than prescription medication by the person for whom it is prescribed) is strictly prohibited. Smoking (including e‑cigarettes or vapes) is generally not allowed on vessels for safety and comfort, unless the Operator expressly permits it in a designated area.
  • Protect Children and Dependents: If you are riding with children or anyone requiring assistance, you are solely responsible for their supervision and safety. Children under 12 should wear a life jacket at all times on board (life jackets are provided by Operators). You must ensure that minors do not engage in disruptive or unsafe behavior. Follow all child safety rules given by the crew.
  • Environmental Respect: Do not litter or throw anything overboard into the water. Help us protect the marine environment. Keep any rubbish with you until you can dispose of it properly once you have disembarked. Avoid causing unnecessary noise or disturbance when passing residential areas or wildlife zones.
  • Use of Platform Content: When communicating through the Wavii app (for example, in messages or calls with an Operator), use respectful language. You must not use the app's communication features to send spam, unwanted commercial messages, or any obscene/offensive content. Any content you post or provide via the Platform (like reviews or feedback) must be truthful and not defamatory or infringing on others' rights. We reserve the right to remove or moderate user‑submitted content that violates our guidelines or policies.
  • No Disruption of Business: You agree not to interfere with the operation of Wavii's business or the Platform. This includes not attempting to recruit our Operators for a competing service off‑platform, and not performing any action that could cause reputational or material harm to Wavii or our user community.

Consequences of Misconduct. If you violate any of the above conduct rules or behave in a way that Wavii or an Operator deems unsafe, inappropriate, or illegal, several actions may be taken. The Operator may end the trip immediately and, if necessary, involve law enforcement. Wavii reserves the right to suspend or terminate your account (see Section 6) for any misconduct. You may also be liable for any damage or losses caused by your actions (see Section 4.4 and Section 8).

6. Suspension and Termination of Use

6.1 By Wavii. Wavii reserves the right to suspend, restrict, or terminate your access to the Wavii Platform (including your account) at any time, for any reason, at our sole discretion. This includes, but is not limited to, situations where: (a) you have violated these Terms or any applicable policies or laws; (b) we suspect fraud, misuse, or illegal activity associated with your account; (c) you pose a safety or security risk or an unacceptable credit risk; or (d) you have engaged in conduct we determine to be harmful to the Wavii community, our Operators, or our business. We may also temporarily disable your account while investigating any of the above. We will make a good‑faith effort to notify you of any such action and the reason for it, but we reserve the right to suspend or terminate without notice if necessary (for example, to prevent harm or further violation).

6.2 By You (User). You are free to stop using the Wavii Platform and may request deletion of your account at any time. If you wish to delete your account, you can contact us through the app or via email (see Contact Us). We may require verification of your identity before deleting. Note that even after deletion, we may retain certain information as required by law or as necessary for our legitimate business purposes (e.g., records of transactions for accounting and legal compliance).

6.3 Effect of Termination. Upon termination of your account, whether by you or by us, your right to use the Wavii Platform will immediately cease. You will no longer be able to access any bookings or data tied to the account (so retrieve any needed receipts or information before termination). If at the time of termination you have any outstanding pending bookings, those may be cancelled. If you owe any outstanding amounts (for completed services or damages), termination does not relieve you of the obligation to pay those amounts—we reserve the right to pursue any such fees through the payment method on file or by other legal means. Similarly, if there were any credits or balances in your account, you may forfeit those upon termination (unless otherwise required by law). Certain provisions of these Terms survive termination, including those relating to liability, disclaimers, dispute resolution, and governing law.

6.4 Re‑activation. If your account was suspended or restricted and you believe the issue has been resolved or that the suspension was in error, you may contact us to request review. We may, in our discretion, reactivate accounts if the underlying issue is cured or if we determine the suspension was not warranted. However, we are not obligated to restore accounts and may permanently terminate accounts for serious violations.

6.5 Multiple Accounts and Evasion. If we have terminated or suspended your account for cause (e.g., a violation or fraud), you must not attempt to register a new account or use the Platform through another account. Any attempt to circumvent a ban (for example, creating a new account with a different email, or using a friend's account) is a further violation of these Terms and we may terminate any new account you create or are found using. We also may employ technical measures to prevent account creation or access by banned users.

6.6 Ceasing Operation. Separately from user‑specific termination, Wavii reserves the right to discontinue or terminate the Wavii Platform service entirely (for example, if the company ceases operations or pivots the business). While we have no immediate plans to do so, you have no irrevocable right to maintain an account or to use the Service. If such a discontinuation were to occur, we would provide notice to users and likely offer a grace period for retrieval of any necessary information.

7. Platform Availability and Limitations

7.1 Service Availability. We strive to keep the Wavii Platform up and running smoothly, but we do not guarantee that the Services will be available at all times or in all locations. Occasionally, the Platform may be unavailable due to scheduled maintenance, upgrades, emergency repairs, telecommunications interruptions, or failure of equipment or services outside our control. We will try to perform scheduled maintenance during low‑usage hours and provide advance notice when possible, but emergency or unplanned downtime may occur. You acknowledge that there may be times when you cannot access some or all of the Services, and we are not liable for any inconvenience or loss resulting from such downtime.

7.2 No Warranty of Error‑Free Operation. Using software applications involves inherent technical unpredictability. We do not warrant that the Wavii app or website will be error‑free or secure, or that it will function without delays, failures, or imperfections. While we will use reasonable efforts to address issues that arise, your use of the Platform is accepted with that understanding.

7.3 Device and Network Requirements. Access to Wavii requires a compatible smartphone or device, internet connectivity (mobile data or Wi‑Fi), and certain software (a recent version of iOS or Android for the app, or a modern web browser for the website). You are responsible for procuring and maintaining the equipment and network connections necessary to use the Platform. We are not responsible for any data charges, fees, or poor performance of the Service due to your internet provider or device hardware.

7.4 Location Services. Many features of Wavii rely on device location services (including GPS, cell‑tower or Wi‑Fi location data). For example, the app may use your location to show your position to an Operator or Passenger, or to find nearby vessels. Location data accuracy is not guaranteed; actual location information may differ from what the app displays due to factors like signal availability and the accuracy of mapping data. You should use your own judgment in addition to the app's info when coordinating pickups (for instance, visually confirming the vessel or verifying the dock location). By using Wavii, you consent to our collection and use of your device's location data for providing Services (in accordance with our Privacy Policy). If you disable location permissions, certain features may not work, and we might not be able to match you with a nearby vessel.

7.5 Weather and Maritime Conditions. You acknowledge that water transportation is highly dependent on weather and sea conditions. Heavy rain, thunderstorms, high winds, rough seas, fog, maritime traffic congestion, or emergency situations can cause delays, route deviations, or cancellations for safety reasons. Operators will use their professional judgment (and any regulatory guidelines) to determine if it is safe to commence or continue a trip. Trips may be delayed, shortened, or canceled mid‑journey in extreme cases (for example, if a sudden storm makes it unsafe to continue). If a trip is canceled or significantly altered due to weather or other force majeure events, we will follow the principles in Section 3.7 (Operator Cancellations).

7.6 No Guarantee of Continuous Improvements. We reserve the right to modify or discontinue any feature or part of the Services at our discretion. We also may pilot new features or services which might later be modified or discontinued.

7.7 Limitations of Service Area. Wavii initially operates in select waterways (such as Port Jackson/Sydney Harbour, Botany Bay, Port Hacking, and surrounding areas). The Platform will only accept booking requests that originate and end within our defined operating zones. Even within the service area, certain remote or non‑public locations (e.g., private docks without public access) may not be serviceable. It is your responsibility to choose legal and accessible pickup and drop‑off points. If an Operator finds that a specified location is unreachable or unsafe (e.g., a shallow private dock or restricted area), they will contact you to choose an alternative nearby location.

7.8 Third‑Party Services and Content. The Wavii Platform may rely on or integrate with third‑party services, such as mapping providers (e.g., Google Maps for pickup and drop‑off location selection) and Stripe for payments. While we select these providers carefully, we have no control over their services and do not guarantee their performance. Third‑party content or links may appear in the app or site; we do not endorse or assume responsibility for third‑party content. Use caution when following links to third‑party sites or services, and review their terms and privacy policies.

7.9 Customer Support and Availability. We aim to provide timely customer support through the app and via email. However, support response times may vary. In urgent situations (like a safety issue during a trip), you should call emergency services if needed (e.g., 000 in Australia) before or in addition to contacting Wavii support. Our support communications (via email) are provided as a convenience, and on an as‑available basis; we do not guarantee 24/7 immediate live support, though we will do our best to assist.

7.10 Navigation & Location Disclaimers.

a) Not a navigation service. The Wavii Platform is NOT a navigation or voyage‑planning service and must NOT be relied upon as such. It does not replace official charts, Notices to Mariners, VHF broadcasts, or professional judgment. Mapping and location features are provided solely to assist users in conveniently selecting pickup and drop‑off meeting points.

b) Mapping accuracy and availability. Maps, pins, geocodes, wharf markers, and suggested points in the app are provided for convenience only and may be inaccurate, incomplete, private, closed, unsafe, or otherwise unsuitable at the time of use. Wavii does not guarantee that any pre‑defined pickup, drop‑off, or other location shown in the app is available to the public or suitable for any vessel or conditions.

c) Operator responsibility. Operators remain solely responsible for safe navigation, situational awareness, compliance with law, and assessing the suitability and legality of any pickup/drop‑off location and route. This includes complying with the ordinary practice of seamen and with any special circumstances of the case when accepting user‑selected locations or proposing alternatives.

d) No liability for location suitability. To the maximum extent permitted by law, Wavii is not liable for any loss, delay, or damage arising from reliance on in‑app mapping/location features or from the selection of any pickup/drop‑off location. Nothing in this clause limits your rights under the Australian Consumer Law.

8. Disclaimers and Limitation of Liability

8.1 Services "As‑Is." You understand and agree that the Wavii Platform and all services arranged through it are provided on an "as is" and "as available" basis. To the maximum extent permitted by law, Wavii disclaims all representations and warranties, express, implied or statutory, not expressly set out in these Terms, including any implied warranties of merchantability, fitness for a particular purpose, non‑infringement, and absence of errors or uninterrupted operation. While we aim to facilitate a high‑quality experience, we do not guarantee the quality or safety of any transportation service. The ultimate responsibility for safe and satisfactory transport lies with the Operator providing the service.

8.2 Operator Compliance and Responsibility. We require that Operators using our Platform hold all necessary licenses, certifications, and insurance required under Australian maritime laws and regulations for the provision of relevant services (e.g., domestic commercial vessel registration, crewing, safety equipment compliance). However, Wavii does not warrant or guarantee that every Operator is in full compliance at all times. Operators are independent parties who self‑certify their credentials to us and are subject to verification and spot‑checks. Wavii is not liable for an Operator's failure to meet legal or regulatory requirements beyond our obligations under law.

8.3 No Common Carrier; No Warranty of Transport. Wavii is not a common carrier or direct provider of transport services. We do not guarantee that transportation will always be available or that it will be uninterrupted, timely, secure, or error‑free. By using the Wavii Platform, you accept that some risk is inherent in water transport. You should heed safety instructions and take necessary precautions (e.g., wearing life vests when advised).

8.4 Limitation of Liability. To the fullest extent permitted by law, Wavii (and its related entities, directors, officers, employees, agents, and affiliates) shall not be liable for any indirect, incidental, special, consequential, exemplary or punitive damages, or any loss of profits, lost data, personal injury, or property damage arising out of or related to your use of the Wavii Platform or the services procured through it, even if we have been advised of the possibility of such damages. We shall not be liable for any damages, liability or losses arising from: (i) your use of or reliance on the Services, or inability to access or use the Services; (ii) any transaction or relationship between you and any Operator or other third‑party provider; (iii) unauthorized access, use or alteration of your account or data through the Platform (unless caused by our breach of security); or (iv) events outside our reasonable control (e.g., weather, natural disasters, war, governmental actions, or failures of public utilities or communications networks). This limitation applies under any theory of liability, whether based in contract, tort (including negligence), strict liability, or otherwise.

8.5 Cap on Liability. To the extent any liability of Wavii is not legally excludable, then (to the fullest extent permitted by law) our liability shall be limited to the lesser of (a) the total amounts you have paid (if any) in the six (6) months prior to the event giving rise to liability for services via the Wavii Platform, and (b) AUD $500. In jurisdictions where limitation of liability for personal injury or death is not permitted, our liability is limited to the minimum amount permitted by law.

8.6 Consumer Law Rights. Nothing in these Terms is intended to exclude, restrict, or modify rights which you may have under any law (including, in Australia, the Australian Consumer Law) that cannot be excluded, restricted, or modified by agreement. Any exclusions and limitations in these Terms are subject to and will not apply to the extent they violate applicable law. If any warranty, term or condition is implied or imposed by law and cannot be excluded (a "Non‑Excludable Condition"), we limit our liability for breach of that condition (at our option) to either supplying the services again or paying the cost of having the services supplied again, unless that limitation is not permitted by law.

8.7 Release. You agree that if you have any dispute with any Operator or third‑party provider, you release Wavii (and its affiliates and personnel) from all claims, demands, and damages of every kind and nature arising out of or connected with such dispute, to the extent permitted by law. We may, at our discretion, help facilitate resolution but we are not responsible for resolving such disputes.

8.8 Indemnity. You agree to indemnify, defend (at our option) and hold harmless Wavii, its parent, subsidiaries, and affiliates, and their respective officers, directors, employees, agents and advisors (collectively "Indemnified Parties"), from and against any and all claims, liabilities, damages, losses, and expenses (including reasonable legal fees) arising out of or relating to: (a) your use of the Wavii Platform or services obtained through it; (b) your breach of these Terms or of any applicable law; (c) your violation of the rights of any third party; or (d) any content you submit through the Platform. We reserve the right to assume the exclusive defense of any matter otherwise subject to indemnification by you.

8.9 Third‑Party Beneficiaries. Except as explicitly provided in Section 2.6 (regarding Apple and Google's status) or elsewhere, there are no third‑party beneficiaries to these Terms.

8.10 Insurance. Wavii does not offer personal insurance to users by default. Operators are required to carry any legally mandated insurance for commercial maritime operations. Using the service is at your own risk regarding personal property; please keep your valuables with you.

8.11 Interpretation. The exclusions and limitations of liability in this Section (and elsewhere in these Terms) apply to the extent permitted by law and regardless of the success or validity of other remedies you might have.

9. Dispute Resolution

9.1 Customer Support and Internal Resolution. We are committed to customer satisfaction. If you have any issue or dispute with Wavii, the Wavii Platform, an Operator, or any service provided, you agree to first contact us and attempt to resolve the dispute informally. You can email complaints@wavii.au or use the in‑app support feature to describe the problem and provide relevant details. We will undertake good‑faith efforts to resolve the matter through our internal processes.

9.2 Mediation (Optional). If a dispute cannot be resolved through ordinary customer support interactions, we may suggest (or you may propose) voluntary mediation with a neutral mediator in Australia. Costs may be shared or covered by us at our discretion.

9.3 Governing Law and Jurisdiction. As per Section 11.

9.4 No Class Actions. To the extent permitted by law, you and Wavii agree that each may bring claims against the other only in an individual capacity and not as a plaintiff or class member in any purported class or representative proceeding.

9.5 Injunctive Relief. We may seek immediate injunctive or equitable relief in any court of competent jurisdiction for unauthorized use of our Platform or breach of certain provisions (such as intellectual property or misuse).

9.6 Time Limit to Bring Claims. To promote timely resolution of disputes, to the extent permitted by law, you agree that any claim you may have against Wavii arising out of or related to these Terms or use of the Services must be filed within one (1) year after such claim arose; otherwise, your claim is permanently barred (this does not apply to any claim that cannot be time‑limited by contract).

10. Modifications to Terms

10.1 Right to Modify. Wavii may modify or update these Terms from time to time. When we make changes, we will post the updated Terms on our website and/or within the Wavii app and update the "Last updated" date at the top. For significant changes, we will also take additional steps to inform you (e.g., email notice or in‑app notification).

10.2 Acceptance of Modified Terms. Any modified Terms will become effective when posted, unless a later date is specified. If you continue to access or use the Wavii Platform after the new Terms take effect, you will be deemed to have accepted the updated Terms. If you do not agree with any amendment, you must stop using the Services and may close your account.

10.3 Material Changes. If we make material changes (for example, changes that substantially affect your rights or obligations), we will endeavour to provide at least 14 days' advance notice (when feasible), except in urgent situations (such as changes required by law, or new features that benefit users) where shorter notice may be reasonable.

10.4 Additional Terms. Certain Services or promotional offers may have additional terms. If those conflict with these general Terms, the specific terms for that service or offer will apply for that conflict area.

10.5 Continuing Accessibility. We will keep an accessible version of the current Terms available on our website (and/or app) for you to consult at any time. Prior versions may be provided upon request if needed for any dispute or reference.

11. Governing Law and Jurisdiction

11.1 Governing Law. These Terms and any disputes arising out of or in connection with them (including any non‑contractual disputes) are governed by the laws of New South Wales, Australia, and, where applicable, the federal laws of Australia.

11.2 Jurisdiction. You and Wavii agree to submit to the exclusive jurisdiction of the courts of New South Wales to resolve any legal matter arising from these Terms or the use of the Services, except that either party may seek injunctive relief in any appropriate jurisdiction to prevent an infringement of intellectual property rights or a breach of confidentiality. If you are a consumer residing in another Australian state or territory, you may have the right to pursue claims in the courts of your home jurisdiction under certain consumer protection laws.

11.3 Forum Non Conveniens. You agree not to argue that the courts of New South Wales are an inconvenient forum or otherwise inappropriate venue for the resolution of any dispute, and you waive any right to object on that basis.

11.4 Compliance with Local Laws. Although these Terms are governed by NSW law, you are responsible for complying with any local laws in the place where you use the Wavii Platform. If you use the Platform outside Australia, you do so on your own initiative and are responsible for adherence to any laws of that jurisdiction, to the extent they apply.

11.5 Australian Consumer Law. Nothing in these Terms is intended to diminish your rights under the Australian Consumer Law (Schedule 2 of the Competition and Consumer Act 2010 (Cth)).

11.6 Language. These Terms are drafted in English. If we provide a translation in another language, the English version will prevail to the extent of any inconsistency, except where prohibited by law.

Contact Us: If you have any questions, concerns, or feedback about these Terms or the Wavii Platform, please contact legal@wavii.au.

By using the Wavii app or website, you confirm that you have read, understood, and agree to these Terms of Service.

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