Terms and Conditions of Hire

RENTAL TERMS These Rental Terms, together with any Hire Form (defined in clause 1(a)), set out the agreement (this Agreement) under the terms of which you or the company which you represent (the Customer, you) will rent the Equipment or Services from Ryde It ABN 21 671 670 820 (Ryde It, we, us, our). We may change these Rental Terms at any time by updating the Rental Terms page on our website, and your rental of an Equipment or Services following such an update will represent an agreement by you to be bound by the Rental Terms as amended. Changes to these Rental Terms will only apply to Hire Forms entered into after the change occurs.

1. RENTAL FORM, THIS AGREEMENT (a) These Rental Terms will apply to all the Customer dealings with Ryde It, including being incorporated in all agreements, quotations or orders under which Ryde It is to rent equipment and/or provide services to the Customer (each a ‘Hire Form’) together with any additional terms included in such a Hire Form (provided such additional terms are recorded in writing). (b) The Customer will be taken to have accepted this Agreement if the Customer accepts a Hire Form, or if the Customer orders, accepts or pays for any equipment and/or services provided by Ryde It after receiving or becoming aware of this Agreement or these Rental Terms. (c) In the event of any inconsistency between these Rental Terms and any Hire Form, the clauses of these Rental Terms will prevail to the extent of such inconsistency, except that any “Special Conditions” (being terms described as such in a Hire Form) will prevail over these Rental Terms to the extent of any inconsistency.

2. RENTAL Ryde It provides to the Customer and the Customer accepts from Ryde It the rental of the Equipment and/or Services upon and subject to the provisions of this Agreement.

3. PRE HIRE AND LICENCES The Customer and Authorised Driver warrant that they: (a) are above the age of 18 years; (b) hold a current Driver’s Licence (not being a learner’s licence or provisional licence) and/or Recreational Skippers Ticket (RST) to drive the unit and have been licensed to operate machinery of the same kind as the Unit for the last 12 consecutive months or more; (c) will send a copy of their valid Driver’s Licence/s and valid RST within 24 hours of confirming the booking to [insert email address]; (d) read the Equipment use instruction and safety material provided by Ryde It; (e) will participate in a briefing provided by Ryde It on the Start Date prior to picking up the Equipment; and (f) ensure that any person collecting or taking delivery of the Equipment on behalf of the Customer is authorised by the Customer to do so and the Customer will not allege that any such person is not so authorised.

4. EQUIPMENT USE Use (a) The Customer and Authorised Driver must ensure that the Equipment is only used: (i) at the Use Location; (ii) in a proper and skilful manner, by people who are: A. either the Customer or the Authorised Driver; B. at least 18 years of age; C. appropriately trained; and D. hold a valid Recreational Skipper’s Licence; (iii) in accordance with the Equipment manufacturer’s requirements, recommendations and instruction manuals provided to the Customer and Authorised Driver; and (iv) in accordance with all Laws, rules and regulations applicable to the Equipment and its use and/or relating to the Use Location. (b) The Customer and Authorised Driver must not, and must not allow any third party to: (i) tow trailered Equipment with an unsuitable or unroadworthy vehicle or on unsealed roads; (ii) tow trailered equipment, if the driver is not the holder of a valid driver’s license; (iii) use the Equipment for any dangerous or illegal purpose; (iv) use or allow the Equipment to be used to carry passengers for payment of any kind and/or for racing; (v) make any alterations to the Equipment, including by unauthorised repair; (vi) use or allow the Equipment to be used while the operator is under the influence of alcohol or drugs; (vii) use the Equipment when it is damaged or unsafe; (viii) affix or install any accessories, equipment or device on or to the Unit (other than the Included Attachments set out in the Hire Form) without Ryde It’s prior written consent; and (ix) sub-hire the Equipment; and (x) use the Equipment for the conveyance or towing of any load. (c) The Customer and Authorised Driver must, when the Equipment is unattended, always keep it locked and keep the keys under their control. Fuel (d) The Customer must: (i) ensure that the Unit has a full tank of fuel when it is returned to Ryde It, unless specified otherwise in the Hire Form; (ii) only fill the Equipment with fuel of a type that meets the Equipment’s specifications; and (iii) promptly pay to Ryde It the costs of refuelling the Equipment if the Customer fail to comply with clause 4(d)(i) at the rate of $4.00 per litre of fuel.

5. RETURN (a) Unless the Services include return of the Equipment by Ryde It and subject to clause 11, the Customer must on the Return Date and by the Return Time specified in the Hire Form, return the Equipment to Ryde It at the Return Address in the same condition as it was in on the Start Date. (b) If the Customer does not comply with clause 5(a), the Customer must pay the Late Charge of $160/hour for every additional hour after the Return Time on the Return Date for which the Customer retains possession of the Equipment.

6. REMOTE HIRE Where the Customer hires Equipment and/or the Services are to be provided in a Remote Site, the Customer will pay an additional charge for any delivery, servicing and repair of the Equipment (Remote Area Charges) as follows: (a) $3.90 per kilometre travelled by Hirer Personnel; and/or (b) $130.00 per hour (including travel time) for the Services; and (c) if applicable, any direct travelling and accommodation costs reasonably incurred by Hirer and/or its Personnel.

7. INCIDENTS AND INSURANCE (a) The Customer and Authorised Driver acknowledges that Ryde It may, in its discretion, hold insurances in relation to the Equipment but such insurances may not cover the Customer and Authorised Driver or the Customer and Authorised Driver’s use of the Equipment and Ryde It will have no obligation or requirement to insure the Customer and Authorised Driver’s use of the Equipment under this Agreement. The Customer and Authorised Driver are strongly encouraged to take out adequate insurance to cover all potential liabilities that could arise from their use of the Equipment. (b) If Ryde It notifies the Customer and Authorised Driver that it holds insurance in relation to the Equipment, the Customer and Authorised Driver must not do or permit anything to be done which may make Ryde It’s insurance invalid or able to be cancelled or which may increase Ryde It’s insurance premiums. (c) If the Equipment is involved in an accident or claim, damaged, destroyed, stolen or if damage or loss is sustained to the property of any third party in connection with the Equipment during the Rental Term, or otherwise when the Equipment is in the Customer and Authorised Driver’s possession (Incident), the Customer and Authorised Driver: (i) must promptly report the Incident to the local police (if required by law); (ii) must report the Incident to Ryde It in writing within one Business Day; (iii) must, if such damage, destruction or theft is covered by and compensated to Ryde It under an insurance policy, pay the relevant excess amount to Ryde It, as well as any other reasonable costs that Ryde It incurs in relation to such damage, destruction or theft; (iv) must not, without Ryde It’s prior written consent, make or give any offer, promise of payment, settlement, waiver, release or admission of liability in relation to the incident, except as required by law; (v) must, if requested, permit Ryde It or its insurer bring, defend, enforce or settle any legal proceedings in the Customer and Authorised Driver’s name in relation to the incident; and (vi) must, if requested, provide to Ryde It, within a reasonable time, any statement, information or assistance which Ryde It or its insurer requests, including by attending a lawyer’s office or a court to give evidence.

8. REPLACEMENT, LOSS AND DAMAGE Loss, damage and personal injury The Customer and Authorised Driver will be fully liable to Ryde It for: (a) any loss or damage to the Equipment during the Rental Term, or otherwise when the Equipment is in the Customer and Authorised Driver’s possession, and must give reasonable notice to Ryde It in writing of any such loss or damage; and (b) all damage to any person and/or the property of any person which is caused or contributed to by the Equipment during the Rental Term, or otherwise when the Equipment is in the Customer and Authorised Driver’s possession. 9. PAYMENT

9.1 FEES The Customer must pay the Fees and the Bond to Ryde It in the amounts, at the times and using the payment methods set out in the Hire Form or as otherwise agreed in writing. 9.2 BOND (a) The Bond is refundable upon satisfactory return of the Equipment. (b) You acknowledge and agree that, without limiting the other remedies available to it, Ryde It may, in its absolute discretion, garnish the Bond, where you damage or lose any Equipment. 9.3 INVOICES Unless otherwise agreed in writing, if Ryde It issues an invoice to the Customer, payment must be made by the time(s) specified in such invoice. 9.4 PAYMENT METHOD The Customer must pay Fees and the Bond using the fee payment method specified in the Hire Form.

9.5 LATE PAYMENT If the Client does not pay Ryde It the amounts due and payable under an invoice on or before its due date, without limiting any of Ryde It’s other rights under this Agreement, the Client must pay Ryde It interest at the rate of 10% per annum on each amount outstanding, from the due date for payment to the date on which the payment is received by Ryde It.

9.6 GST Unless otherwise indicated, amounts stated in a Hire Form include GST.

9.7 CARD SURCHARGES Ryde It reserves the right to charge credit card surcharges in the event payments are made using a credit, debit or charge card (including Visa, MasterCard, American Express or Diners Club).

9.8 PAYMENTS OTHER THAN FEES (a) Immediately on request by Ryde It, the Customer and Authorised Driver will pay: (i) the price of any Equipment which is for whatever reason not returned to Ryde It; (ii) the full cost of repairing any damage to the Equipment caused or contributed to by the Customer and Authorised Driver; (iii) all costs incurred by Ryde It Hire Ryde It in delivering and recovering possession of the Equipment; and (iv) any expenses and legal costs (including commission payable to a commercial agent) incurred by Ryde It Hire Ryde It in enforcing this Agreement due to the Customer and Authorised Drivers default. (b) Without limiting the ability of Ryde It to recover all amounts owing to it, the Customer and Authorised Driver authorises Ryde It to charge any amounts owing by the Customer and Authorised Driver to any credit card or account which the Customer and Authorised Driver provides in a Hire Form.

10. OWNERSHIP, POSSESSION AND TITLE Ownership (a) The Equipment is and will at all times remain the property of Ryde It, notwithstanding delivery of the Equipment to the Customer or the possession and use of the Equipment by the Customer and Authorised Driver. (b) The Customer and Authorised Driver will not have any right, title or interest in or to the Equipment except as expressly set out in this Agreement. Possession (c) The Customer and Authorised Driver must not, without Ryde's prior written consent, part with possession of the Equipment during the Rental Term. Encumbrances (d) The Customer and Authorised Driver must not allow any security interest, encumbrance, charge or lien of any kind to arise or remain in relation to the Equipment, including a repairer’s lien, except: (i) if a repairer’s lien arises, the Customer and Authorised Driver must take all necessary steps to have it removed or satisfied, or, at Ryde It’s option, Ryde It may remove or satisfy the lien at the Customer and Authorised Driver’s cost; and (ii) a security interest, lien or charge that arises by law in respect of unpaid rates, taxes, fees or duties of any kind, in which event the Customer and Authorised Driver must pay any money due so that the Equipment will be free of the lien or charge.

11. PERSONAL PROPERTY SECURITIES The Customer and the Authorised Driver grant a security interest in all of their present and after acquired property and in all of its present and future rights, title, estate and interest, whether legal and equitable, in relation to any personal property, including any debts owed to the Customer and Authorised Driver, in favour of Ryde It to secure the performance of its liabilities and obligations hereunder or on any account whatsoever. If requested by Ryde It the Customer and Authorised Driver must immediately sign any documents, provide all necessary information and do anything else required by Ryde It to ensure that the security interest created in Ryde It’s favour is a perfected security interest. The Customer and Authorised Driver must not grant any other security interest in favour of any party until Ryde It has perfected its security interest created under these Terms. The Customer and Authorised Driver must not do or permit anything to be done that may result in the security interest granted to Ryde It ranking in priority behind any other security interest. The Customer and Authorised Driver acknowledge that these Terms constitute a security agreement for purposes of the PPSA and the Customer and Authorised Driver will do all things necessary to enable a security interest to be registered under the PPSA, and will comply with all requirements of the PPSA. To the fullest extent permitted by the PPSA, the Customer and Authorised Driver agree to contract out of the application of the provisions listed in sections 115(1) and 115(7) and the sections listed therein shall not apply. The Customer and Authorised Driver hereby waive any rights the Customer and Authorised Driver may otherwise have to: (a) receive any notices or statements the Customer and Authorised Driver would otherwise be entitled to receive under sections of the PPSA including for the avoidance of any doubt the sections referred to in sections 115(1) and 115(7) of the PPSA; (b) apply to a Court for an order concerning the removal of an accession under section 97 of the PPSA; (c) object to a proposal of the Customer and Authorised Driver to purchase or retain any collateral under sections 130 and 135 of the PPSA; and (d) receive a copy of a verification statement confirming registration of a financing statement, or a financing change statement, relating to any security interest created under this document. For the purpose of this clause and other relevant clauses in this Agreement, the expressions “accession”, “collateral”, “financing statement”, “financing change statement”, “security agreement”, “security interest”, “perfected security interest” and “verification statement” have the meanings given to them under, or in the context of the PPSA.

12. PERSONAL INFORMATION This clause applies to the Customer and any Additional Driver/s, who are both referred to in this clause as ‘you’. (a) When You Hire a Unit from Ryde It or use the Unit as an Additional Driver, we need to collect certain information from you. That information may include your name, contact details, date of birth, driver’s licence number, payment detail, skippers ticket, referees, and company name, ABN, ACN. (b) We may use electronic tools to monitor the location, usage of your Unit, including your speed, time, fuel consumption, distances travelled and current and previous locations visited. (c) If we are unable to collect your personal information, this may prevent us from providing our services to you. Where you provide us personal information about someone else you must have their consent to provide their personal information to us so that we may use it to the full extent outlined in this clause. (d) We may use and disclose your personal information to: (i) provide the services that you request; (ii) do all things necessary to administer those services; (iii) research, develop, manage, protect and improve our services and Equipment; (iv) communicate with you regarding the hired Equipment, safety, arrangements with us and other matters; (v) investigate, prevent and deal with fraud, unlawful activity and breaches of our agreement with you; (vi) market our services to you; (vii) conduct customer satisfaction surveys and inform you of improvements to our services; and (viii) maintain and develop our software and other business systems. (e) We may use and disclose your personal information to the following third parties: (i) our associated entities and businesses; (ii) your company or organisation, if you use our services under a corporate account; (iii) credit reporting agencies and fraud checking agencies; (iv) debt collection agencies, if you default in payment of amounts owed to us; (v) councils, government and private organisations responsible for the processing of traffic related infringements; (vi) in relation to an accident or claim, insurers, the police and other persons involved in the accident or claim; (vii) driver licensing authorities; and (viii) government, regulatory and law enforcement agencies where the disclosure is required or authorised by law.

13. EARLY RETURN Notwithstanding any other clause in this Agreement, Ryde It may demand the early return of the Equipment to the Return Address, or retake possession of the Equipment, if Ryde It reasonably suspects that: (a) damage to the Equipment or injury to any person in connection with the Equipment is reasonably likely; or (b) the Equipment may be used for an unlawful purpose.

14. SUBCONTRACTING Ryde It may subcontract any aspect of providing the Services and the Client hereby consents to such subcontracting.

15. LIABILITY, WARRANTIES AND INDEMNITIES

15.1 LIABILITY (a) To the maximum extent permitted by law, Ryde It’s liability for all claims in aggregate (whether those claims be for breach of contract, negligence or otherwise, and whether those claims are for economic loss, or for personal injury or other damage) arising under or in connection with this Agreement: (i) is totally excluded, to the extent it concerns liability for indirect, special and consequential damages, and damages (whether direct or indirect) reflecting loss of revenue, loss of profits and loss of goodwill (except to the extent this liability cannot be excluded under the Competition and Consumer Act 2010 (Cth)); and (ii) is limited, insofar as concerns other liability, to the total money paid to Ryde It under this Agreement as at the date the event giving rise to the relevant liability occurred (or, where there are multiple events, the date of the first such event). (b) Nothing in this agreement is intended to limit the operation of the Competition and Consumer Act 2010 (Cth).

15.2 WARRANTIES (a) The Customer and Authorised Driver acknowledges that in deciding to rent the Equipment and/or acquire the Services and in entering into this Agreement the Customer and Authorised Driver has not relied on the skill or judgment of Ryde It and that the Customer and Authorised Driver has satisfied itself as to the condition and suitability and fitness for the Customer and Authorised Driver’s purpose of the Equipment and/or the Services. (b) To the maximum extent permitted by applicable law, all express or implied representations and warranties (whether relating to fitness for purpose or performance, or otherwise) not expressly stated in this Agreement are excluded. (c) Where any law (including the Competition and Consumer Act 2010 (Cth)) implies a condition, warranty or guarantee which may not lawfully be excluded, then, to the maximum extent permitted by applicable law, Ryde It’s liability for breach of that non-excludable condition, warranty or guarantee will be limited to: (i) in the case of goods, their replacement or the supply of equivalent goods or their repair; and (ii) in the case of services, the supply of the services again, or the payment of the cost of having them supplied again.

15.3 INDEMNITIES (a) The Customer and Authorised Driver indemnifies Ryde It from and against all losses, claims, expenses, damages and liabilities (including any taxes, fees or costs) which arise out of: (i) the casual maintenance, use, storage or operation of the Equipment during the Rental Term or otherwise when the Equipment is in the Customer and Authorised Driver’s possession; (ii) injuries to or deaths of persons and damage to property in connection with the Equipment during the Rental Term or otherwise when the Equipment is in the Customer and Authorised Driver’s possession; (iii) any breach of this Agreement by the Customer and Authorised Driver; or (iv) any negligent, fraudulent or criminal act or omission of the Customer and Authorised Driver.

16. TERMINATION

16.1 TERMINATION BY COMPANY Ryde It may terminate this Agreement in whole or in part immediately by written notice to the Customer, if the Customer is in breach of any term of this Agreement.

16.2 TERMINATION BY THE CUSTOMER (a) The Customer may terminate this Agreement in whole or in part by written notice to Ryde It. (b) If the notice under clause 16.2(a): (i) More than 72 hours prior to the Start Date, Ryde It provide the Customer with a full refund of any Fees paid and the Bond; (ii) 72 hours or less prior to the Start Date, Ryde It will provide the Customer with a full refund of the Fees paid and the Bond, minus the Cancellation Fee.

16.3 EFFECT OF TERMINATION Upon termination of this Agreement, the Customer must promptly: (a) pay any payments required by Ryde It in respect of the period of the Rental Term prior to the date of termination; and (b) subject to any contrary direction given by Ryde It, deliver the Equipment and any other goods included in a Hire Form to the Return Address.

16.4 SURVIVAL Any provision of this Agreement which, by its nature, would reasonably be expected to be performed after the termination, will survive and be enforceable after such termination.

17. DISPUTE RESOLUTION (a) The parties must, without delay and in good faith, attempt to resolve any dispute which arises out of or in connection with this Agreement prior to commencing any proceedings. (b) If a party requires resolution of a dispute it must immediately submit full details of the dispute to the chief executive officer of the other party or, if the party is an individual, that individual. (c) The parties acknowledge that compliance with this clause 17 is a condition precedent to any entitlement to claim relief or remedy, whether by way of proceedings in a court of law or otherwise in respect of such disputes, except: (i) in the case of applications for urgent interlocutory relief; or (ii) a breach by another party of this clause 17.

18. NOTICES

18.1 FORM OF NOTICE A notice or other communication to a party under this Agreement must be: (a) in writing and in English; and (b) addressed to that party to: (i) the postal address of that party; or (ii) the email address of that party that has been regularly used by the parties to correspond during the term of this Agreement (unless such email address is known to be inactive by the party giving notice).

18.2 HOW NOTICE MUST BE GIVEN A notice must be given by one of the methods set out in the table below and is regarded as given and received at the time set out in the table below. Method When Notice is regarded as given and received By hand On delivery By pre paid post in the same country On the third business day after the date of posting By pre paid post in another country On the fifth business day after the date of posting by airmail By email to the nominated email address Unless the party sending the email knows or reasonably ought to suspect that the email and the attached communication were not delivered to the addressee’s domain specified in the email address, 24 hours after the email was sent.

19. GENERAL

19.1 GOVERNING LAW This Agreement is governed by the law applying in Western Australia, Australia.

19.2 JURISDICTION Each party irrevocably submits to the exclusive jurisdiction of the courts of Western Australia, Australia, Australia and courts of appeal from them in respect of any proceedings arising out of or in connection with this Agreement. Each party irrevocably waives any objection to the venue of any legal process on the basis that the process has been brought in an inconvenient forum.

19.3 ASSIGNMENT A party cannot assign, novate or otherwise transfer any of its rights or obligations under this Agreement without the prior consent of each other party (such consent not to be unreasonably withheld).

19.4 RELATIONSHIP (a) Nothing contained in this Agreement creates an agency, partnership, joint venture or employment relationship between Ryde It and the Customer or any of their respective employees, agents or contractors. (b) Neither party nor any person acting on its behalf may hold itself out as being entitled to contract or accept payment in the name of or on account of the other party.

19.5 AMENDMENTS This Agreement may only be amended by a document signed by each party.

19.6 WAIVER No party to this Agreement may rely on the words or conduct of any other party as a waiver of any right unless the waiver is in writing and signed by the party granting the waiver.

19.7 FURTHER ACTS AND DOCUMENTS Each party must promptly do all further acts and execute and deliver all further documents required by law or reasonably requested by another party to give effect to this Agreement.

19.8 ENTIRE AGREEMENT This Agreement embodies the entire agreement between the parties and supersedes any prior negotiation, conduct, arrangement, understanding or agreement, express or implied, in relation to the subject matter of this Agreement.

20. DEFINITIONS In addition to capitalised terms defined in the Agreement Details above, capitalised terms used in this agreement will have the following meanings: Term Meaning Business Days means a day (other than a Saturday, Sunday or any other day which is a public holiday) on which banks are open for general business in Perth, Western Australia. Customer has the meaning set out in the Hire Form. Equipment means the Unit and the Included Attachments included in a Hire Form. Fees has the meaning set out in the Hire Form. Use Location means the job site specified in the Hire Form. Late Charge means the late charge set out in the Hire Form. Laws mean any applicable statute, regulation, by-law, ordinance or subordinate legislation in force from time to time in the relevant jurisdiction(s) where the Sales Services are performed or received and includes any industry codes of conduct. Unit has the meaning set out in the Hire Form. Personnel means, in respect of a party, that party’s officers, employees, contractors (including subcontractors) and agents. PPSA means the Personal Property Securities Act 2009 (Cth) and PPS Register means the register established and maintained under that Act. Hire Form has the meaning set out in clause 1(a) of these Rental Terms. Remote Site means a Use Location located [insert distance] or more from [insert address]. Rental Term means the period of Equipment rental, from the Start Date, set out in the Hire Form. Return Address means the return address set out in the Hire Form. Return Date has the meaning set out in the Hire Form. Services means the Services listed in the Hire Form to be provided to the Customer by Ryde It. Start Date has the meaning set out in the Hire Form.

21. INTERPRETATION In this agreement, the following rules of interpretation apply: (a) (singular and plural) words in the singular includes the plural (and vice versa); (b) (gender) words indicating a gender includes the corresponding words of any other gender; (c) (defined terms) if a word or phrase is given a defined meaning, any other part of speech or grammatical form of that word or phrase has a corresponding meaning; (d) (person) a reference to “person” includes an individual, the estate of an individual, a corporation, an authority, an association, consortium or joint venture (whether incorporated or unincorporated), a partnership, a trust and any other entity; (e) (party) a reference to a party includes that party’s executors, administrators, successors and permitted assigns, including persons taking by way of novation and, in the case of a trustee, includes any substituted or additional trustee; (f) (this agreement) a reference to a party, clause, paragraph, schedule, exhibit, attachment or annexure is a reference to a party, clause, paragraph, schedule, exhibit, attachment or annexure to or of this agreement, and a reference to this agreement includes all schedules, exhibits, attachments and annexures to it; (g) (document) a reference to a document (including this agreement) is to that document as varied, novated, ratified or replaced from time to time; (h) (currency) a reference to “$” or “dollar” is to Australian currency; (i) (headings) headings and words in bold type are for convenience only and do not affect interpretation; (j) (includes) the word “includes” and similar words in any form is not a word of limitation; and (k) (adverse interpretation) no provision of this agreement will be interpreted adversely to a party because that party was responsible for the preparation of this agreement or that provision.