Legal

Application Terms of Use

Effective date: 10 August 2026 · Last updated: 10 August 2026

These Terms of Use ("Terms," "Agreement") are a binding legal agreement between you ("you" or "User") and KOOEE Pty Ltd (ACN 697 697 822) ("Company", "we", "us", or "our"), governing your access to and use of the Kooee mobile application, including any related content, features, and services (collectively, the "App").

BY DOWNLOADING, INSTALLING, ACCESSING, OR USING THE APP, YOU AGREE TO BE BOUND BY THESE TERMS. IF YOU DO NOT AGREE, DO NOT USE THE APP.

1. Description of the App

The App is a marketplace platform that connects outdoor recreation instructors, guides and coaches with skills in activities such as climbing, hiking, kayaking, skiing, and similar outdoor pursuits ("Instructors") with independent outdoor service providers (“Providers”) (collectively "Users" or "Clients"). The Company facilitates discovery, scheduling, communication, and payment between Users but does not itself provide outdoor instruction, guiding, or recreational services.

2. Eligibility and Accounts

2.1 You must be at least 18 years old (or the age required by your jurisdiction) to create an account. Users under 18 may use the App only under the supervision of, and with an account held by, a parent or legal guardian who agrees to these Terms on their behalf.

2.2 You agree to provide accurate, current, and complete information when creating an account and to keep it updated. You are responsible for maintaining the confidentiality of your login credentials and for all activity under your account.

2.3 Providers may be subject to additional verification, certification, insurance, or background-check requirements as described in Section 6.

3. Nature of the Marketplace; Assumption of Risk

3.1 Independent Contractors. Providers are independent third parties and are not employees, agents, partners, or joint venturers of the Company. The Company does not supervise, direct, or control the manner in which Providers deliver instruction or guiding services, and is not responsible for the outcomes or performance of duties and responsibilities of or by the Instructors. The Company is not a labour hire provider and is not an employer of Instructors and is not liable for payment of wage or superannuation. By agreeing to these terms, the Users hold the Company free of liability claims relating to workplace injury of any kind.

3.2 Inherent Risk of Outdoor Activities. Outdoor recreational activities facilitated through the App (including but not limited to climbing, hiking, water sports, skiing, and other backcountry or adventure activities) carry inherent risks of injury, illness, property damage, or death, some of which may not be foreseeable. You voluntarily assume all such risks by using the App to book, engage in, and provide services to facilitate these activities.

3.3 No Endorsement or Guarantee. The Company does not guarantee the qualifications, certifications, conduct, availability, or performance of any Instructor or Provider, and does not warrant that any activity booked through the App will be safe, suitable, or free of risk. Any certifications, ratings, or reviews displayed in the App are provided by Instructors or other Users and are not independently verified by the Company unless expressly stated otherwise.

3.4 Release. To the maximum extent permitted by law, you release the Company from any and all claims, liabilities, damages, or losses arising out of or related to your participation in activities arranged through the App, except to the extent caused by the Company's own gross negligence or wilful misconduct in operating the App itself (as distinct from the underlying outdoor activity).

3.5 Instructors Acknowledgement. You acknowledge that separate liability waivers, releases, or informed consent forms may be required directly by individual Providers before participating in an activity, and that such documents are between you and the Provider.

4. Bookings, Payments, and Cancellations

4.1 The Company may charge a service or booking fee, which will be disclosed prior to checkout.

4.2 Payment processing is handled by a third-party payment processor. By making a booking, you authorize the Company (or its payment processor) to charge your selected payment method for the total amount due. For the avoidance of doubt, the Company does not hold payments between Providers and Instructors. The Company accepts no liability for payments made by Users, or and the outcomes of transactions undertaken by Users.

4.3 Cancellation, rescheduling, and refund policies are set by individual Providers. The Company is not responsible for a Provider's failure to honour cancellation or refund policy, though we may assist in facilitating a resolution.

4.4 If the App offers subscription tiers or recurring payment features, the specific terms (price, billing frequency, renewal, and cancellation method) will be presented to you before you subscribe, and any such purchases made through Apple's in-app purchase system are additionally governed by Apple's Media Services Terms and billed through your Apple ID account. If the App is via Google Play, the specific terms (price, billing frequency, renewal, and cancellation method) will be presented to you before you subscribe, and any such purchases made through Google Play’s in-app purchase system are additionally governed by Google Play’s Media Services Terms and billed through your Google Play account.

5. User Conduct

You agree not to:

We reserve the right to suspend or terminate accounts that violate these Terms.

6. Provider and Instructor Terms

6.1 Providers represent and warrant that they hold all licenses, certifications, permits, and insurance required by applicable law and industry standards to offer the activities they list and facilitate.

6.2 The Company may, but is not obligated to, request documentation of certifications or insurance and may remove listings that appear to violate applicable law or these Terms. Verification by the Company, where performed, does not constitute a guarantee of a Provider's competence or an endorsement by the Company.

6.3 Providers are solely responsible for complying with applicable outdoor-guiding, instructional, tax, labour, and consumer-protection laws in their jurisdiction.

6.4 Instructors represent and warrant that they hold all licenses, certifications, permits, and insurance required by applicable law and industry standards to participate in employment or work for Providers they are engaged by.

7. User-Generated Content

7.1 You retain ownership of content you submit to the App (reviews, photos, messages, profile information) ("User Content"), but grant the Company a worldwide, royalty-free, non-exclusive license to host, display, reproduce, and distribute such content in connection with operating and promoting the App.

7.2 You represent that you own or have the necessary rights to the User Content you submit and that it does not infringe any third party's rights.

7.3 The Company may remove User Content that violates these Terms or applicable law, at its discretion.

8. Intellectual Property

The App, including its design, software, trademarks, logos, and underlying technology, is owned by the Company or its licensors and is protected by intellectual property laws. Except for the limited license granted in Section 9, no rights are transferred to you.

9. License Grant (Apple App Store)

Subject to your compliance with these Terms, the Company grants you a limited, non-exclusive, non-transferable, revocable license to download and use the App for your personal, non-commercial use on any Apple-branded product that you own or control, as permitted by the Usage Rules set forth in the Apple Media Services Terms and Conditions / App Store Terms of Service, the Googe Play Media Services Terms and Conditions and Googe Play Terms of Service.

10. Third-Party Services

The App may link to or integrate with third-party services (e.g., maps, weather data, payment processors). The Company is not responsible for the content, accuracy, or practices of third-party services, and your use of them is governed by their own terms.

11. Disclaimers

Nothing in this Agreement excludes your rights under the Australian Consumer Law (“the ACL”). We provide our services with due care and skill as required by law. The App and any services booked through it are provided "as is" and "as available" without warranties beyond that required by the ACL. The Company does not warrant that the app will be uninterrupted, error-free, or secure.

12. Limitation of Liability

To the maximum extent permitted by law, the Company and its officers, employees, and affiliates shall not be liable for any indirect, incidental, special, consequential, or punitive damages, or any loss of profits, data, or goodwill, arising from your use of the App, any activity booked through it, any commercial relationship formed through it (including that of between a Provider and Instructor) even if advised of the possibility of such damages. Nothing in this clause excludes your rights under the ACL. The Company's total aggregate liability for any claim arising from these terms shall not exceed the greater of (a) the amount of fees you paid to the company in the 12 months preceding the claim, or (b) AUD $100.00.

13. Indemnification

To the extent possible having regard to the operation of the ACL, you agree to indemnify and hold harmless the Company from any claims, damages, losses, or expenses (including reasonable legal fees) arising from your breach of these Terms, your violation of any law, or your participation in any activity booked through the App.

14. Termination

Subject to your rights under the ACL, we may suspend or terminate your access to the App at any time, with or without cause or notice, including for violation of these Terms. You may stop using the App and delete your account at any time. Sections that by their nature should survive termination (including Sections 3, 11, 12, 13, and 17) will survive.

15. Governing Law and Dispute Resolution

These Terms are governed by the laws of Australia, without regard to conflict-of-law principles.

16. Changes to These Terms

We may modify these Terms from time to time. Material changes will be notified through the App or by other reasonable means. Continued use of the App after changes take effect constitutes acceptance of the revised Terms.

17. General Terms

These Terms are between you and the Company only, not with Apple Inc. ("Apple") and Apple is not responsible for the App or its content. The following provisions apply if you access the App via the Apple App Store, and are included pursuant to Apple's App Store Review Guidelines and the Apple Developer Program License Agreement:

17.1 Acknowledgement. This Agreement is concluded between you and the Company only, and not with Apple. The Company, not Apple, is solely responsible for the App and its content.

17.2 Scope of License. The license granted to you in Section 9 is limited to a non-transferable license to use the App on any Apple-branded product that you own or control, and as permitted by the Usage Rules set forth in the Apple Media Services Terms and Conditions, except the App may be accessed and used by other accounts associated with you via Family Sharing or volume purchasing where applicable.

17.3 Maintenance and Support. The Company is solely responsible for providing any maintenance and support services with respect to the App, as specified in these Terms, or as required under applicable law. Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the App.

17.4 Warranty. The Company is solely responsible for any product warranties, whether express or implied by law, to the extent not effectively disclaimed. In the event of any failure of the App to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price for the App (if any) to you; to the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the App, and any other claims, losses, liabilities, damages, costs, or expenses attributable to any failure to conform to any warranty will be the Company's sole responsibility.

17.5 Product Claims. The Company, not Apple, is responsible for addressing any claims by you or any third party relating to the App or your possession and/or use of the App, including but not limited to: (i) product liability claims; (ii) any claim that the App fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection, privacy, or similar legislation, including in connection with the App's use of the HealthKit and HomeKit frameworks (if applicable).

17.6 Intellectual Property Rights. In the event of any third-party claim that the App or your possession and use of the App infringes that third party's intellectual property rights, the Company, not Apple, will be solely responsible for the investigation, defense, settlement, and discharge of any such intellectual property infringement claim.

17.7 Legal Compliance. You represent and warrant that (i) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a "terrorist supporting" country; and (ii) you are not listed on any U.S. Government list of prohibited or restricted parties.

17.8 Developer Name and Contact. Any questions, complaints, or claims with respect to the App should be directed to:

The Proper Officer

KOOEE Pty Ltd

Email: support@kooeeconnect.com.au

17.9 Third-Party Terms of Agreement. You must comply with applicable third-party terms of agreement when using the App — for example, your wireless data service agreement, if using the App over a cellular connection.

17.10 Third-Party Beneficiary. You and the Company acknowledge and agree that Apple, and Apple's subsidiaries, are third-party beneficiaries of these Terms, and that, upon your acceptance of these Terms, Apple will have the right (and will be deemed to have accepted the right) to enforce these Terms against you as a third-party beneficiary of these Terms.

18. Further General Terms

These Terms are between you and the Company only, not with Google LLC ("Google") and Google is not responsible for the App or its content. The following provisions apply if you access the App via the Google App Store, and are included pursuant to Google's Play Review and the Google Play Developer Program License Agreement:

18.1 Acknowledgement. This Agreement is concluded between you and the Company only, and not with Google. The Company, not Google, is solely responsible for the App and its content.

18.2 Scope of License. The license granted to you in Section 9 is limited to a non-transferable license to use the App on any Android device that you own or control, and as permitted by the Usage Rules set forth in the Google Media Services Terms and Conditions, except the App may be accessed and used by other accounts associated with you via Family Sharing or volume purchasing where applicable.

18.3 Maintenance and Support. The Company is solely responsible for providing any maintenance and support services with respect to the App, as specified in these Terms, or as required under applicable law. Google has no obligation whatsoever to furnish any maintenance and support services with respect to the App.

18.4 Warranty. The Company is solely responsible for any product warranties, whether express or implied by law, to the extent not effectively disclaimed. In the event of any failure of the App to conform to any applicable warranty, you may notify Google, and Google will refund the purchase price for the App (if any) to you; to the maximum extent permitted by applicable law, Google will have no other warranty obligation whatsoever with respect to the App, and any other claims, losses, liabilities, damages, costs, or expenses attributable to any failure to conform to any warranty will be the Company's sole responsibility.

18.5 Product Claims. The Company, not Google, is responsible for addressing any claims by you or any third party relating to the App or your possession and/or use of the App, including but not limited to: (i) product liability claims; (ii) any claim that the App fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection, privacy, or similar legislation.

18.6 Intellectual Property Rights. In the event of any third-party claim that the App or your possession and use of the App infringes that third party's intellectual property rights, the Company, not Google, will be solely responsible for the investigation, defense, settlement, and discharge of any such intellectual property infringement claim.

18.7 Legal Compliance. You represent and warrant that (i) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a "terrorist supporting" country; and (ii) you are not listed on any U.S. Government list of prohibited or restricted parties.

18.8 Developer Name and Contact. Any questions, complaints, or claims with respect to the App should be directed to:

The Proper Officer

KOOEE Pty Ltd

Email: support@kooeeconnect.com.au

18.9 Third-Party Terms of Agreement. You must comply with applicable third-party terms of agreement when using the App — for example, your wireless data service agreement, if using the App over a cellular connection.

18.10 Third-Party Beneficiary. You and the Company acknowledge and agree that Google, and Google's subsidiaries, are third-party beneficiaries of these Terms, and that, upon your acceptance of these Terms, Google will have the right (and will be deemed to have accepted the right) to enforce these Terms against you as a third-party beneficiary of these Terms.

19. Non-Circumvention

At the point of subscription, a Provider is required to provide its current contact list of Instructors dating back 7 years. The current contact list of instructors of subscribing Providers is required to ensure that the Company can verify connections formed through its various platforms, whether that be through the App or the Company website www.kooeeconnect.com.au (“the Website”).

The App enables Providers to contact Instructors for the purposes of engaging Instructors for work. However, but for the exemptions noted below, Providers are restrained from circumventing the Kooee platforms to evade fees otherwise payable to the Company. For example, if a listed Provider engages a listed Instructor outside of the Kooee platforms, and the listed Instructor undertakes work for that listed Provider, the Provider will be taken to have circumvented the Kooee platforms and be taken to have breached this clause. The Provider will be liable for the loss and damage sustained by the Company as a result.

There are two exemptions to this clause. Those are:

The Provider expressly acknowledges that the Company invests substantial resources to market, develop, and maintain the App and the Website to connect Users. If a User breaches this clause, the Company suffers direct financial loss in the form of lost service fees and platform exploitation.

If a Provider has breached this clause, they must immediately pay the Company $120.00. The Provider agrees that this amount represents a genuine pre-estimate of the Company’s loss and administrative costs and is not a penalty.

This restraint in this clause continues to operate after the termination or lapse of a User’s subscription, and remain enforceable for:

20. Severability

If any clause or any part of any clause in this agreement is in any way unenforceable, invalid or illegal, it is to be read down so as to be enforceable, valid and legal. If this is not possible, the clause, or where possible the offending part, is to be severed without affecting the enforceability, validity or legality of the remaining clauses or parts of those clauses of this agreement, which will continue in full force and effect.

21. Australian Consumer Law Rights

21.1 Consumer Guarantees: Nothing in this Agreement excludes, restricts, or modifies any consumer guarantees under the Australian Consumer Law, including:

21.2 Right to Remedies: If we fail to comply with a consumer guarantee, you may be entitled to:

21.3 Unfair Contract Terms: This Agreement is subject to unfair contract terms provisions under the Australian Consumer Law. Terms that are unfair may be void and unenforceable.

22. Miscellaneous

22.1 If any provision of these Terms is found unenforceable, the remaining provisions will remain in full force.

22.2 These Terms, together with the Company's Privacy Policy, constitute the entire agreement between you and the Company regarding the App.

22.3 The Company's failure to enforce any right or provision of these Terms will not be considered a waiver of such right or provision.

22.4 You may not assign these Terms without the Company's prior written consent. The Company may assign these Terms without restriction.

Contact Us

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

The Proper Officer

KOOEE Pty Ltd c/o Tax Essentials

Postal Address: Level 8, 77/72 Rickard Road, Bankstown NSW 2200

Email: support@kooeeconnect.com.au