Terms and Conditions of Use

(a) Welcome to Otter — Dam Good Dating (Application). The Application is a couples date planning platform that helps couples discover, plan and experience dates at partner venues and locations. The Application facilitates interactions between:

• Users: couples or individuals using the Application to browse, plan and experience dates; and
• Partner Businesses (Partners): venues, operators and service providers who list their offerings on the Application.

(b) The Application is operated by Otter — Dam Good Dating (ACN 667 919 566) (we, us, our). Please read these Terms carefully. By using, browsing and/or registering on the Application, you signify that you have read, understood and agree to be bound by these Terms. If you do not agree, you must cease usage immediately.

(c) These Terms apply to both Users and Partners. Where specific provisions apply to one group only, this is stated expressly. Where a provision refers to you or Member, it applies to both unless context indicates otherwise.

(d) We reserve the right to review and change any of the Terms by updating this page at our sole discretion. We will use reasonable endeavours to notify you of material updates. Changes take effect from the date of publication.

You accept the Terms by using or browsing the Application, or by clicking to accept where this option is made available in the user interface.

By accepting these Terms, you represent and warrant that:

• you are at least 18 years of age;
• you have the legal capacity to enter into a binding agreement; and
• if registering on behalf of a business (as a Partner), you are authorised to bind that business to these Terms.

(a) To access the Services, you must register for an account (Account). You must provide accurate, current and complete information at registration and keep your Account details up to date.

(b) As part of registration, you may be required to provide:

• your email address;
• a preferred username or display name;
• for Partners: your business name, ABN, address, and contact details; and
• for Users: optional profile information such as relationship preferences and location.

(c) You are responsible for maintaining the confidentiality of your login credentials. You must notify us immediately of any unauthorised use of your Account.

(d) We reserve the right to suspend or terminate any Account that contains inaccurate or misleading information.

As a Member, you agree to:

• use the Services only for lawful purposes and in accordance with these Terms;
• not impersonate any person or entity or misrepresent your affiliation with any person or entity;
• not harass, threaten, stalk or abuse other Members;
• not use the Services to send unsolicited communications or to collect data from other Members;
• not use automated tools, bots or scrapers to access the Application;
• not engage in any activity that interferes with or disrupts the Application or its infrastructure;
• not attempt to gain unauthorised access to any part of the Application, its systems or networks; and
• not use the Services in connection with any commercial activity unless specifically authorised by us.

(a) Users may use the Application to discover date ideas, browse Partner listings, build date plans, and access the Pebbles rewards programme.

(b) Couples Accounts: The Application is designed for use by couples. Two individuals may link their Accounts to create a shared couple's profile. Linking Accounts does not grant access to each other's login credentials. Each individual remains responsible for their own Account. You may unlink your Accounts at any time via your Account settings.

(c) Date Planning: The Application provides date suggestions and planning tools as a guide only. Otter does not guarantee the availability, quality or suitability of any venue, activity or service listed on the Application. You are responsible for making your own bookings and confirming details directly with Partners.

(d) User Content: You may upload or submit content including photos, reviews, memories and notes (User Content). By submitting User Content, you confirm that you have the right to share it and that it does not infringe any third-party rights. We may remove any User Content that we consider to be in breach of these Terms.

(a) Partners access the Application through the OtterBiz portal. By registering as a Partner, you agree to these Terms and any additional Partner-specific terms notified to you at onboarding or from time to time.

(b) Listing Obligations: Partners must ensure that all information in their listing is accurate, current and not misleading — including business name, location, operating hours, pricing, photos and descriptions. We reserve the right to edit or remove listings that are inaccurate, misleading or in breach of these Terms.

(c) Partner Subscription Fees: Access to OtterBiz is subject to the subscription plan selected at onboarding. Fees are charged in advance on the applicable billing cycle (monthly or annual). All fees are in Australian dollars inclusive of GST where applicable. We reserve the right to update fees on 30 days' written notice. Continued use after a fee change takes effect constitutes acceptance of the new fees.

(d) Gold-Tier Partnerships: Partners who elect to participate in the Gold-Tier programme may configure promoted time slots and offer bonus Pebbles to Users who book during those slots. Gold-Tier terms are governed by a separate Gold-Tier Partner Agreement. In the event of any inconsistency, the Gold-Tier Partner Agreement prevails.

(e) Honouring Bookings: Partners must honour any booking or promoted offer that a User accepts through the Application, including any Pebbles bonus associated with that offer. Failure to honour bookings may result in suspension or removal from the Application.

(f) Analytics and Data: Partners have access to aggregate analytics about their listing performance through OtterBiz. This data does not include personally identifiable information about individual Users unless a User has expressly consented. Partners must not use any data accessed through OtterBiz for purposes other than improving their offering on the platform.

(g) Data Retention: We retain your business data for the duration of your subscription and for 12 months following termination, after which it will be deleted or anonymised, except where retention is required by law.

(h) Partner Removal: We may suspend or remove a Partner at any time if we determine that the Partner has breached these Terms, provided inaccurate information, received repeated negative User feedback, or is otherwise acting in a manner inconsistent with the Otter platform values.

(a) The Pebbles programme is a rewards system within the Application. Users earn Pebbles by completing date experiences at Partner venues and other qualifying activities as notified in the Application from time to time.

(b) Pebbles may be redeemed for in-app benefits, unlocks or rewards as made available by Otter from time to time.

(c) We reserve the right to modify, suspend or discontinue the Pebbles programme, or adjust earn and redemption rates, at any time and without liability to you. We will use reasonable endeavours to provide advance notice of material changes.

(d) Upon termination of your Account for any reason, any accumulated Pebbles will be forfeited. Pebbles have no value upon account closure.

(e) Any Pebbles earned fraudulently or in breach of these Terms may be cancelled without notice.

(a) Users: The Application offers both free and paid features. Where paid features are made available to Users, the applicable fees and billing terms will be disclosed to you prior to purchase.

(b) Partners: Partner subscription fees are as set out in your onboarding documentation or as updated in accordance with clause 6(c). Fees are due in advance of each billing period. If payment fails, we may suspend your access to OtterBiz after a grace period of 7 days. Persistent non-payment may result in termination of your Account.

(c) All payments are processed through Stripe. By making a payment through the Application, you agree to be bound by Stripe's terms and conditions, available at stripe.com/au/legal.

(d) All prices are in Australian dollars and inclusive of GST where applicable. Otter does not store your full payment card details. Payment information is handled directly by Stripe in accordance with PCI-DSS standards.

(a) All Partners agree to comply with the Australian Consumer Law (ACL). Any benefits set out in these Terms are in addition to, and do not limit, your rights under the ACL.

(b) User Subscriptions: If you believe you are entitled to a refund on a User subscription fee, please contact us at support@otterapp.com.au. We will assess refund requests on a case-by-case basis in accordance with the ACL.

(c) Partner-Provided Services: Where a User purchases or books a service directly provided by a Partner, any disputes or refund requests regarding that service must be raised directly with the relevant Partner in the first instance. Otter acts as a platform facilitator and is not a party to the contract between the User and the Partner.

(d) Escalation: If a User is unable to resolve a dispute with a Partner after 14 days, the User may contact Otter via the 'Contact Us' section of the Application. We may, at our discretion, facilitate resolution or remove a Partner from the platform where we determine their conduct is in breach of these Terms or the ACL.

(e) Partner Refund Obligations: Where a Partner agrees to issue a refund, the Partner must instruct Otter in writing. Any refund processed through the Otter platform will be net of any fees and transaction charges incurred by Otter.

(a) All content, trademarks, software, designs, logos and materials on the Application are the property of Otter — Dam Good Dating or its licensors and are protected by Australian and international intellectual property laws.

(b) Otter grants you a limited, non-exclusive, non-transferable, revocable licence to use the Application for its intended purpose in accordance with these Terms.

(c) You must not reproduce, republish, modify, distribute or exploit any content from the Application without our prior written consent.

(d) User Content Licence: By submitting User Content, you grant Otter a non-exclusive, transferable, sublicensable, royalty-free, worldwide licence to use, store, display and distribute your User Content for the purposes of operating and promoting the Application. You retain ownership of your User Content and may revoke this licence for specific content by providing 14 days' written notice, subject to any content already published or distributed.

(e) You retain all moral rights in your User Content.

(f) Feedback: If you provide feedback, ideas or suggestions about the Application, you grant us the right to use such feedback without restriction or compensation to you.

(a) Otter takes your privacy seriously. The collection, use and disclosure of your personal information is governed by our Privacy Policy.

(b) By using the Application, you consent to the collection of personal information including your email address, device data, usage patterns and, where you grant permission, location data.

(c) We retain personal information for the period necessary to provide the Services and as required by applicable law. You may request access to, correction, or deletion of your personal information by contacting our Privacy Officer at privacy@otterapp.com.au.

(d) Location Data: The Application may request access to your device's location to provide date suggestions and navigation features. Location access is optional and can be managed through your device settings. Disabling location access may limit certain features.

(e) Third-Party Services: The Application uses third-party services including Stripe (payments), Mapbox (mapping and navigation) and email delivery providers. These services have their own privacy policies. We are not responsible for the privacy practices of third-party service providers.

(f) Partner Data: Partners agree that any User data accessed through OtterBiz is used solely for the purpose of managing their listing and improving their service. Partners must not use User data for independent marketing or share it with third parties.

(a) The Application integrates with third-party services including but not limited to Stripe, Mapbox and email delivery providers. Your use of these services is subject to the respective terms of those providers.

(b) We are not responsible for the availability, accuracy or performance of third-party services. Any disruption to third-party services does not constitute a breach by Otter of these Terms.

(c) Links to third-party websites on the Application are provided for convenience only. We do not endorse and are not responsible for the content or practices of linked third-party sites.

(a) We reserve the right to modify, suspend or discontinue any feature or part of the Application at any time, including the Pebbles programme, Partner tiers, and date planning tools.

(b) We will use reasonable endeavours to provide advance notice of material changes to features that Users or Partners rely on, but are not obligated to maintain any particular feature indefinitely.

(c) We are not liable for any loss or inconvenience arising from modification or discontinuation of features, provided we have acted reasonably.

(a) Nothing in these Terms limits or excludes any guarantees, warranties or conditions implied by law, including the ACL, which by law may not be limited or excluded.

(b) Subject to clause 14(a), the Application and Services are provided 'as is' and 'as available' without warranty of any kind. We do not warrant that the Application will be error-free, uninterrupted or that defects will be corrected.

(c) Otter is a platform that facilitates connections between Users and Partners. We do not endorse, verify or guarantee the quality, safety, legality or suitability of any venue, service or experience listed on the Application. Users engage with Partners at their own risk.

(d) Date suggestions provided by the Application are generated based on User preferences and available data. They are provided as a guide only and do not constitute professional advice.

If you are in the business of providing services substantially similar to those offered by Otter, you are a competitor. Competitors are not permitted to access or use the Application or any content therein. Any breach of this provision may result in legal action, and you will be liable for any loss we sustain and any profits you derive from such access.

(a) To the maximum extent permitted by law, Otter's total aggregate liability to any User arising out of or in connection with these Terms or the Services will not exceed the greater of: (i) the total fees paid by you to Otter in the 3 months preceding the event giving rise to the claim; or (ii) AUD $100.

(b) To the maximum extent permitted by law, Otter's total aggregate liability to any Partner arising out of or in connection with these Terms or the Services will not exceed the total fees paid by that Partner to Otter in the 3 months preceding the event giving rise to the claim.

(c) In no event will Otter be liable for any indirect, incidental, special, consequential or exemplary damages including loss of profits, loss of goodwill, loss of data, or business interruption.

(d) Nothing in this clause excludes liability for fraud, gross negligence, or liability that cannot be excluded by law.

You agree to indemnify and hold harmless Otter — Dam Good Dating, its affiliates, officers, employees, agents, contributors and licensors from and against any claims, actions, losses, damages, liabilities, costs and expenses (including reasonable legal fees) arising out of or in connection with:

• your User Content;
• your use of or access to the Application;
• your breach of these Terms; or
• your violation of any applicable law or regulation.

Your liability under this indemnity is limited to your proportionate share of responsibility as determined by a court of competent jurisdiction, and in any event capped at AUD $10,000 for Partners and AUD $1,000 for Users in respect of direct damages.

(a) Users: You may close your Account at any time via your Account settings or by contacting us at support@otterapp.com.au. Closure takes effect immediately. Any Pebbles balance is forfeited upon closure.

(b) Partners: Either party may terminate a Partner subscription by providing 30 days' written notice prior to the next billing cycle. No refund will be issued for any unused portion of a prepaid subscription period unless required by the ACL.

(c) We may suspend or terminate your Account at any time without notice if you breach these Terms, if we are required to do so by law, or if the provision of Services to you is no longer commercially viable.

(d) Upon termination: (i) your licence to use the Application ceases immediately; (ii) we may delete your Account data in accordance with our data retention policy; (iii) any Pebbles are forfeited; and (iv) clauses that by their nature should survive termination (including IP, indemnity, limitation of liability and dispute resolution) continue to apply.

19.1 Compulsory Process: If a dispute arises out of or relates to these Terms, either party must not commence court or tribunal proceedings unless the process below has first been followed (except where urgent interlocutory relief is sought).

19.2 Notice: The party claiming a dispute must give written notice to the other party specifying the nature of the dispute and the desired outcome.

19.3 Negotiation: The parties must, within 28 days of the Notice, endeavour in good faith to resolve the dispute by negotiation.

19.4 Mediation: If the dispute is not resolved within 28 days, the parties must agree on a mediator or request appointment by the Australian Mediation Association or the Resolution Institute. The parties share mediation costs equally. Mediation will be held in Sydney, Australia.

19.5 Confidentiality: All dispute resolution communications are confidential and conducted on a 'without prejudice' basis.

19.6 Termination of Mediation: If mediation has not resolved the dispute within 2 months of commencement, either party may ask the mediator to terminate mediation.

19.7 Litigation: If mediation is unsuccessful, proceedings may be brought in the courts of New South Wales, Australia. Each party irrevocably submits to the exclusive jurisdiction of those courts.

These Terms are governed by the laws of New South Wales, Australia. Any dispute relating to these Terms will be subject to the exclusive jurisdiction of the courts of New South Wales, Australia, without reference to conflict of law principles.

If any provision of these Terms is found to be void, invalid or unenforceable by a court of competent jurisdiction, that provision will be severed and the remaining Terms will continue in full force and effect.

These Terms, together with our Privacy Policy and any additional Partner agreements or Gold-Tier Partner Agreements, constitute the entire agreement between you and Otter — Dam Good Dating with respect to your use of the Application and supersede all prior agreements, representations or understandings.

If you have any questions about these Terms, please contact us:

• General enquiries: support@otterapp.com.au
• Privacy Officer: privacy@otterapp.com.au
• Website: myotter.com.au
• ACN: 667 919 566