Last Updated: 16/06/26

1. Introduction Welcome to Novaly.au (“the Platform”). The Platform is owned and operated by Carden Group PTY LTD (“we,” “us,” or “our”). Novaly is a digital property ecosystem and marketplace designed to connect buyers, builders, real estate agents, and property creatives.

By accessing or using the Platform, you acknowledge that you have read, understood, and agree to be bound by these Terms of Use. If you do not agree, you must not use our services.

2. The Novaly Marketplace & Venue Disclaimer Novaly acts exclusively as a technology provider and digital venue. We are not a real estate agency, builder, manufacturer, financial institution, or legal advisor.

• Dual Archives: Our platform hosts listings for traditional real estate (“Properties”) and movable/alternative structures (“Builds”).

• No Endorsement: We do not verify the quality, safety, legality, or council compliance of any Property or Build listed on the Platform.

• Due Diligence: You acknowledge that all reliance on information from a listing is at your own risk. It is solely your responsibility to verify council zoning, transport logistics, land titles, and builder credentials before entering into any transaction. Novaly is never a party to any transaction between buyers and sellers.

3. User Accounts and Registration To access the Community or list properties, you must register for an account.

• Accuracy: You must provide accurate and complete information.

• Security: You are responsible for all activities that occur under your account.

• Team & Agency Accounts: If you operate a “Plus Agency” or “Plus Studio” account, you are fully responsible and legally liable for the actions, content, and communications of all “Team Members” operating under your master account.

• We reserve the right to suspend or terminate your account at our absolute discretion if you breach these terms.

4. Novaly Plus Subscriptions & Lifetime Deals Novaly offers premium subscription tiers (e.g., Plus Standard, Pro, Agency) and Lifetime Deals (LTDs) for sellers and industry professionals.

• Recurring Billing: If you are on a monthly or annual subscription, your payment method will be charged automatically at the start of each billing cycle.

• Cancellations: You may cancel your subscription at any time via your account portal. Cancellation will take effect at the end of your current paid billing period. We do not provide pro-rata refunds for partially used billing periods.

• Lifetime Deals (LTD): “Lifetime” refers to the lifetime of the Novaly software product and platform, not the lifetime of the purchaser. If Novaly ceases operations, undergoes a fundamental platform change, or is acquired, LTDs may be terminated or transitioned in accordance with Australian Consumer Law. LTDs are strictly non-transferable.

• Service Availability: While we strive for 100% uptime for our CRM, Kanban Boards, and Lead Routing tools, we do not guarantee uninterrupted access. We are not liable for lost leads or business interruptions caused by platform downtime or maintenance.

5. Community Guidelines and Acceptable Use The Novaly Community is designed to be a collaborative, respectful space for “Learners” (buyers/consumers) and “Sellers” (industry professionals). By participating in the Community, you agree to the following rules of engagement:

• No Spam or Aggressive Pitching: Sellers may not scrape user data, send unsolicited bulk direct messages, or aggressively pitch services to Learners who have not requested a quote or information.

• Value First: Sellers are encouraged to establish authority by answering questions and providing helpful advice in public community feeds. Overtly promotional posts outside of designated promotional spaces or Portfolios may be removed.

• Professional Conduct: Harassment, discriminatory language, defamatory statements, or abuse toward any user or Novaly staff will result in immediate account termination.

• No Tire-Kicking: Learners must interact with Sellers respectfully and refrain from submitting fraudulent lead inquiries or booking automated meetings with no intention of attending.

6. Your Content and Intellectual Property The Platform allows you to post property listings, portfolio images, comments, and community posts (“Your Content”).

• Your Responsibilities: You must be the rightful owner or have the necessary licenses for all images, floorplans, and text you upload. You must not upload stolen architectural renders or copyrighted photography without the creator’s explicit permission.

• Accuracy: Your Content must not be misleading or deceptive (e.g., uploading a 3D render without disclosing that it is not a finished, physical build).

• Our Rights: By submitting Your Content, you grant Carden Group PTY LTD a perpetual, non-exclusive, worldwide, royalty-free license to use, reproduce, modify, crop, and display Your Content on the Platform, our social media channels, and for our business marketing purposes.

7. Lead Management and Privacy Obligations When a buyer submits an inquiry on your listing or profile, their data is routed to your Novaly Board.

• Data Handling: As a Seller receiving lead data, you agree to handle this personal information in strict compliance with the Privacy Act 1988 (Cth) and the Spam Act 2003 (Cth).

• Restriction on Sale: You are strictly prohibited from selling, renting, or distributing buyer leads generated on Novaly to third-party data brokers or unaffiliated businesses.

8. Australian Consumer Law (ACL) and Payments Our software services and digital subscriptions come with guarantees that cannot be excluded under the Australian Consumer Law.

• For major failures with the service, you are entitled to cancel your service contract with us and a refund for the unused portion, or to compensation for its reduced value.

• All prices are in Australian Dollars (AUD) and are inclusive of GST unless explicitly stated otherwise.

• You are responsible for all external fees, duties, or taxes associated with property transactions initiated via the platform.

9. Limitation of Liability To the maximum extent permitted by law, Carden Group PTY LTD, its directors, employees, and affiliates shall not be liable for any direct, indirect, incidental, special, or consequential loss or damage—including loss of profits, revenue, data, or business opportunities—arising from:

• Your use of or inability to use the Platform.

• Any physical, legal, or financial damages resulting from a real estate or construction transaction sourced through Novaly.

• Unauthorized access to or alteration of your transmissions or data.

10. Privacy and Data We handle your personal information in accordance with our Privacy Policy. By using the Platform, you consent to the collection, use, and disclosure of your personal information as described in that policy.

11. Governing Law These Terms of Use are governed by the laws of Victoria, Australia. You agree to submit to the exclusive jurisdiction of the courts located in Victoria to resolve any legal matter arising from these Terms.

12. Changes to Terms We may amend these Terms of Use at any time by publishing the revised terms on the Platform. We will make reasonable efforts to notify active subscribers of material changes. Your continued use of the Platform after any changes constitutes your acceptance of the new terms.