Terms of Service

By accessing and using the Spotyard Logistics & Supply Chain website and services ("the Website"), you acknowledge that you have read, understood, and agree to be bound by these Terms of Service ("Terms"). These Terms constitute a legally binding agreement between you and Knewton Consulting Pty Ltd (ABN 35 631 230 423) trading as Spotyard Logistics & Supply Chain ("Spotyard", "we", "us", or "our").

If you do not agree to these Terms, you must not access or use our Website or services. Your continued use of the Website following any updates to these Terms constitutes acceptance of such changes.

Incorporation into quotations and invoices: Every quotation and invoice we issue references these Terms and states that proceeding with a booking, making payment, or instructing Spotyard to proceed constitutes acceptance of them. Where the wording on a specific quotation or invoice conflicts with these Terms, these Terms prevail unless the quotation or invoice expressly states otherwise in writing.

Spotyard Logistics & Supply Chain is an Australian sourcing and logistics company that provides product sourcing, purchasing and import logistics solutions for China-to-Australia trade. We are the company you contract with, and we deliver these services directly and through the third-party providers we engage on your behalf. Our services include:

Why Spotyard is structured this way: a China-to-Australia supply chain involves specialist manufacturers, freight carriers, customs brokers, warehouses and, where purchased, insurers — each a separate business with its own expertise, licensing and terms. Spotyard's role is to be your single point of contact and coordinator across that chain: selecting, engaging and managing those providers on your behalf so you do not have to deal with each one individually. Spotyard is not the manufacturer, carrier, broker, warehouse or insurer, and does not perform those underlying services itself.

What "coordinating on your behalf" means in practice: when an issue arises with a factory, carrier, broker, warehouse or insurer, Spotyard's role is to act as your coordinator and advocate — contacting the responsible party, chasing updates and documents, gathering evidence, and pursuing a resolution or claim on your behalf. Spotyard doing this work to help resolve a problem is Spotyard performing its coordination role; it is not, by itself, an admission that Spotyard is liable for the underlying issue. Responsibility for the underlying issue is determined as set out in this Section 2 and in Sections 9 and 10, not by who is coordinating the resolution.

• Product Sourcing & Purchasing — Supplier identification, vetting, and procurement from Chinese manufacturers

• Sea Freight — Full Container Load (FCL) and Less than Container Load (LCL) shipping, arranged through third-party carriers and shipping lines

• Air Freight — Express and economy air cargo services, arranged through third-party carriers

• Customs Clearance — Coordinated through our Chinese freight forwarding partners, who engage licensed customs brokers in Australia

• Warehousing — Storage and inventory management coordinated at third-party facilities

• E-commerce Fulfilment — Pick, pack, and dispatch services arranged with fulfilment partners

• Destination Delivery — Coordination with independent Australian carriers for final delivery of China-origin import shipments

Our Role — Sourcing (Coordination Only, No Warranty): For sourcing, Spotyard's role is to identify, vet and coordinate with factories and suppliers on your behalf, and to communicate between you and them. Spotyard does not manufacture the goods, is not the supplier of them, and does not warrant or guarantee their quality, condition, fitness for purpose, merchantability, compliance with any standard, or conformity with description, sample or specification. Any such warranty is given, if at all, by the factory or supplier alone. Where goods are defective, non-conforming or otherwise unsatisfactory, your recourse is against the factory/supplier; Spotyard's role is limited to facilitating that communication and does not extend to guaranteeing an outcome.

Our Role — Quality Control (where expressly purchased): The only exception to the above is where a sourcing order expressly includes a Spotyard QC inspection service. In that case, and only to that extent, we are responsible for carrying out the agreed inspection scope with due care and skill and checking the goods against the customer-approved specifications, sample, tolerances and inspection standard stated in the quote. QC is a sample-based inspection unless the quote expressly states 100% inspection; it does not guarantee that every latent defect will be detected, and it does not make Spotyard a guarantor of the goods generally.

Our Role — Logistics (Intermediary / Arranger): For all freight, shipping, customs clearance, transport, warehousing and delivery services, Spotyard acts solely as an intermediary and arranger. Spotyard's direct engagement is with our Chinese freight forwarding partners, who are responsible for managing the shipment end-to-end — including engaging the shipping lines, customs brokers, transport operators, warehouses and last-mile delivery providers, whether in China or in Australia, needed to complete it. You expressly authorise Spotyard, directly or through the freight forwarder it engages, to select, appoint, substitute and engage those providers on your behalf, as Spotyard reasonably considers appropriate to perform the logistics arrangement. Spotyard is not the carrier, freight forwarder of record, customs broker, or supplier of these logistics services, and does not hold an Australian customs broker licence or import licence. The underlying services are provided by, and are the responsibility of, those third parties — including any Australian broker, carrier or delivery provider appointed by our freight forwarder — under their own terms and conditions, which may further limit or exclude liability; those third-party terms apply to the service they provide in addition to these Terms.

Third-party logistics communication: If a freight, tracking, customs-clearance, loss, damage or delivery issue arises, Spotyard will contact our appointed Chinese freight forwarder, who is responsible for coordinating with the carrier, customs broker, warehouse or Australian delivery provider it has engaged, request updates and documents, and communicate their response to you. Those providers investigate and determine operational and cargo-claim outcomes. To the maximum extent permitted by law, Spotyard is not responsible for their acts, omissions or decisions, but we remain responsible for our own sourcing/QC services and for obligations that cannot legally be excluded.

Website Access: Registration and use of our quoting and tracking website is provided at no charge. You pay only for the sourcing and logistics services rendered on a per-transaction basis as quoted and accepted.

To access certain features of our Website, you must create a user account. When registering, you agree to:

• Provide accurate, current, and complete information during registration

• Maintain and promptly update your account information

• Keep your login credentials secure and confidential

• Notify us immediately at support@spotyard.com.au of any unauthorised access or security breach

• Accept responsibility for all activities that occur under your account

You must be at least 18 years of age and have the legal capacity to enter into contracts. If registering on behalf of a business entity, you represent that you have authority to bind that entity to these Terms.

We reserve the right to suspend, disable, or terminate accounts that violate these Terms, provide false information, or engage in fraudulent activity.

Pricing Structure:

• All quotes are provided in Australian Dollars (AUD) unless otherwise specified

• Shipping rates are based on actual or volumetric weight, whichever is greater

• Quotes include our service margin and are valid for 14 days unless otherwise stated

• Additional charges may apply for special handling, dangerous goods, or remote area delivery

Payment Terms:

• Payment is required prior to release of goods unless credit terms have been approved

• Accepted payment methods include bank transfer, credit card, and PayPal

• Late payments incur interest at 2% per month on outstanding amounts

• You are responsible for all bank fees and currency conversion charges

Duties and Taxes:

• Import duties, GST on imported goods, and other government charges are assessed by Australian Border Force against the importer and are payable by the importer

• We can arrange payment of these charges on your behalf with applicable processing fees

• Quotes do not include import duties and import GST unless explicitly stated (e.g. where a DDP Incoterm is agreed)

DDP (Delivered Duty Paid) Scope:

• Where a quotation states DDP, it includes, at the quoted price: international freight, customs clearance, and the Australian import duty and GST amounts specified on that quotation

• Unless expressly listed as included on the quotation, DDP does NOT include: port and terminal charges levied outside a normal clearance, quarantine/AQIS inspections and treatment, customs examinations or hold-related charges, demurrage or storage beyond included free time, tail-lift service, delivery waiting time, redelivery attempts, forklift or additional handling, difficult-access delivery, unloading beyond ground level, disposal of packaging, or other extraordinary government or carrier charges

• Any of the above that arise will be identified as a separate line item and are payable in addition to the quoted DDP price. Statements made in email, WhatsApp or phone conversations do not expand what a written quotation includes unless confirmed in writing on a revised quotation

GST on Our Services:

• Australian GST is charged only on Spotyard's service and agency fees (our margin), not on the full transacted amount

• Payments we make to overseas suppliers and sourcing agents in China are made offshore and fall outside the scope of Australian GST

• Third-party costs we arrange on your behalf (international freight, customs duties, and taxes payable to government authorities) are passed through at cost and are not subject to GST charged by Spotyard

• Invoices itemise Spotyard's service and agency fee separately from third-party freight, customs and other pass-through charges, so it is clear what the service and agency fee referred to elsewhere in these Terms actually covers

RFQ Process:

• Submitting an RFQ is a non-binding request for pricing information

• We endeavour to provide quotes within 24 hours for standard enquiries

• Quote accuracy depends on the completeness and accuracy of information you provide

• Quotes may be subject to change based on carrier rate adjustments or currency fluctuations

Order Confirmation:

• An order is created when you accept a quote in writing or via our Website

• Accepted quotes constitute a binding contract for the services specified

• Order modifications may incur additional charges or require a revised quote

Cancellation Policy:

• Cancellations before booking confirmation: No charge

• Cancellations after booking: Subject to carrier cancellation fees

• Cancellations after goods collection: Full shipping charges apply

Returns and Change of Mind:

• Spotyard does not offer a general change-of-mind return policy for sourced, imported, customised or made-to-order goods

• At your request, we may ask the Chinese factory whether it will voluntarily accept a change-of-mind return or exchange, but acceptance is entirely at the factory’s discretion

• If the factory agrees, the customer must pay all associated costs, including Australian collection, export documentation, duties/taxes, insurance and freight from Australia to China, unless otherwise agreed in writing

• This change-of-mind policy does not limit any rights or remedies that cannot be excluded under the Australian Consumer Law, including remedies for goods or services that fail applicable consumer guarantees

We arrange shipping through reputable, independent third-party carriers and shipping lines. Spotyard is not the carrier and does not perform the carriage itself. You acknowledge and agree that:

• All freight transit times are estimates only, not guaranteed delivery dates. The stated period begins only at the timing point shown for the selected service. Supplier production or preparation, delivery to the origin warehouse, consolidation, waiting for container loading or flight dispatch, and customs, biosecurity or security inspections are outside the stated transit period unless expressly included in writing.

• Sea freight: 25–30 working days, beginning after the container is loaded

• The sea-freight estimate starts after the container is loaded. Supplier preparation, warehouse consolidation, waiting for container loading, and delays caused by customs, biosecurity or security inspections are not included.

• Air freight: 7–10 working days, beginning after dispatch

• The air-freight estimate starts after dispatch and excludes delays caused by customs, biosecurity or security inspections.

• Any requested or quoted arrival date remains an estimate unless Spotyard expressly guarantees it in writing

• Spotyard will request tracking, clearance and delivery updates from the relevant third-party provider and relay available information, but does not control government or carrier systems and cannot guarantee the timing or frequency of updates

We are not liable for delays caused by:

• Customs inspections, holds, or clearance delays

• Carrier operational issues or schedule changes

• Adverse weather, natural disasters, or force majeure events

• Port congestion or industrial action

• Incomplete or incorrect shipping documentation

• Government restrictions, quarantine requirements, or biosecurity holds

To ensure your cargo can be safely handled, consolidated, and shipped, you are responsible for ensuring your supplier prepares the goods in suitable, export-ready packaging before delivery to our warehouse or nominated origin point. The following packaging and pallet standards apply to all goods consigned to or through Spotyard:

Packaging and Pallet Requirements:

• Each individual package or piece must not exceed 800 kg

• Goods must be palletised using export-grade plywood (three-ply) pallets with a board thickness of no less than 1.2 cm

• Pallets must provide forklift access with a clearance of at least 12 cm at the base (forklift feet / entry points)

• Cargo must be securely stacked, strapped, and shrink-wrapped to the pallet so it can withstand international transit and handling

Delivery Scope:

• All shipments are delivered to the designated delivery address and unloaded to ground level only (kerbside / doorstep)

• Delivery does NOT include carrying goods upstairs, indoor placement, assembly, or removal of packaging

• If the delivery location requires additional handling (stairs, lift access, restricted access, or inside-building placement), this must be arranged in advance and may incur additional charges

Repacking and Reinforcement:

Our quotation is based on cargo being received in acceptable shipping condition and does not include repacking, crating, palletisation, reinforcement, packaging modifications, or additional packing materials. If additional packing, repacking, crating, palletisation, or cargo reinforcement is required after cargo arrives at our warehouse, this will be assessed upon receipt and any additional charges will be advised separately before proceeding. We recommend sharing these requirements with your supplier before arranging delivery to avoid delays or additional costs.

Receipt of cargo at a warehouse, whether operated by Spotyard or an independent third party, is acknowledgment that the goods were received and is not certification that the packaging is adequate for international transit, unless Spotyard has expressly sold and performed a packaging inspection or repacking service for that shipment and confirmed the outcome in writing.

Import Compliance:

• You are the importer of record and responsible for compliance with Australian import regulations

• You must provide accurate product descriptions, values, and Harmonised System (HS) codes

• Certain goods require permits, licences, or certificates (e.g., food, therapeutics, electrical)

• Prohibited and restricted goods must not be shipped under any circumstances

Our Role:

• Spotyard does not hold a customs broker licence and does not itself clear goods through customs

• Customs clearance is coordinated through our Chinese freight forwarding partners, who engage licensed customs brokers in Australia acting under their own terms

• We assist with coordinating documentation preparation and lodgement between you and the freight forwarder/broker

• We can pass on general information but do not provide customs, tax, or legal advice

You indemnify Spotyard against any claims, fines, penalties, or reasonably incurred costs arising from:

• Inaccurate or incomplete information you provide

• Goods that fail to meet Australian import requirements

• Undeclared or misdeclared goods

• Inaccurate dimensions, weights, or descriptions you or your supplier provide for the shipment

• Dangerous, hazardous, or restricted goods that are not accurately declared to Spotyard

• Packaging supplied by you or your supplier that does not meet the standards in Section 7

This indemnity does not apply to the extent a claim, fine, penalty or cost results from Spotyard's own negligence, error, or breach of these Terms, and does not exclude any right or remedy that cannot be excluded under the Australian Consumer Law or the unfair contract terms regime.

To the maximum extent permitted by Australian Consumer Law and other applicable legislation:

• For logistics services, Spotyard acts only as an intermediary arranging services with independent third parties. We are not liable for any loss, damage, delay, or non-delivery caused by the acts or omissions of any carrier, shipping line, customs broker, transport operator, warehouse, supplier, or government authority

• Where loss or damage occurs in third-party custody, recovery is determined by the responsible carrier, freight forwarder or insurer under its terms or policy. Spotyard will coordinate communication and pass on compensation actually approved and paid for the customer’s claim

• Recovery for logistics loss or damage is limited exclusively to: (a) the Basic Carrier Protection described in Section 10, and/or (b) Premium Cargo Insurance actually purchased by the customer and confirmed in writing before dispatch for that shipment. If Spotyard has represented to the customer, including on a quotation or invoice, that Premium Cargo Insurance has been arranged for a shipment and it was not in fact bound, this exclusive-recovery limit does not apply to that failure, which is dealt with under Spotyard's own-conduct carve-out below

• Spotyard's total aggregate liability in connection with any order is limited to the amount of the service and agency fees actually paid to Spotyard for that order, except where the liability arises from Spotyard's own conduct as described below, in which case liability is limited to the amount that would have been payable under the Premium Cargo Insurance the customer paid for and did not receive, or otherwise as required by law

• We are not liable for indirect, incidental, special, or consequential damages

• We are not liable for loss of profits, revenue, contracts, or business opportunities

• We are not liable for delays, regardless of cause

• Acceptance on receipt: once goods are delivered to and received by the customer or their nominated recipient, responsibility for their condition, storage, use, on-selling and further transport passes to the customer. Spotyard has no liability for any damage, deterioration, loss or other issue arising after receipt, except for a claim properly notified within the visible-damage (7-day) or concealed-damage (14-day) windows below for damage that occurred before or during delivery

Claims relating to goods must be notified to Spotyard promptly so we can submit them to the responsible provider. Spotyard will notify and communicate with the appointed Chinese freight forwarder and other relevant providers, provide reasonable claim-coordination assistance, and pass on to the customer any compensation actually approved and paid for that claim. Spotyard does not decide or guarantee the third party’s claim outcome. Visible damage must be recorded on the delivery receipt and notified with photographs within 7 days; concealed damage should be notified within 14 days, subject to any shorter mandatory provider or policy deadline.

To support a claim, the customer should, so far as reasonably possible: photograph or video the cargo and packaging before unpacking, photograph each affected pallet or carton, retain the damaged goods and original packaging until the claim is resolved or Spotyard/the provider confirms disposal is no longer required, note visible damage on the proof-of-delivery or delivery receipt at the time of delivery, and provide the commercial invoice, packing list and any receipts for additional costs being claimed. Where premium cargo insurance was purchased, the insurer's own documentation requirements apply in addition — see the policy or certificate issued for that shipment. Notifying Spotyard of a claim does not constitute acceptance of liability or of the amount claimed, which remains subject to assessment by the responsible carrier, freight forwarder or insurer.

Following a reported loss or damage incident, the customer must take reasonable steps to prevent further loss and, where reasonably practicable, preserve the affected goods and packaging for inspection. This does not require indefinite storage of damaged cargo; where storage, handling, or disposal becomes necessary before the claim is resolved, Spotyard will assist in coordinating this with the responsible provider, and responsibility for the associated costs will be determined together with the claim outcome.

Spotyard's own conduct: The exclusions and limits in this Section 9 apply to the acts, omissions and decisions of third-party carriers, forwarders, brokers, warehouses and insurers. They do not exclude Spotyard's liability for its own negligence, error or failure to perform a service it was engaged and paid to perform — for example, failing to place cover it represented as arranged. Nothing in these Terms excludes or limits liability that cannot be excluded by law, including liability under the Australian Consumer Law for consumer guarantees.

The no-cost basic protection is limited carrier compensation, not full-value cargo insurance. We strongly recommend premium cargo insurance for all material shipments. Please note:

Mandatory election on every quotation: Every freight quotation Spotyard issues requires the customer to select either "Basic Carrier Protection" or "Premium Cargo Insurance (requested)" before a booking is confirmed. If Premium Cargo Insurance is requested, the shipment will not be dispatched until Spotyard has received the insurer's or freight provider's written confirmation, policy or certificate, and until the customer has paid the premium. The customer is responsible for providing an accurate declared cargo value and supporting commercial invoice or purchase evidence; insurance cannot be bound on an unsupported or estimated value.

• Carrier liability is limited under international conventions (e.g., Hague-Visby Rules for sea freight)

• Standard carrier liability does not cover many common causes of loss or damage

• Basic carrier compensation responds to cargo loss and customs detention/seizure occurring in transit. It does not cover damage or breakage — see the damage exclusion below.

• Sea freight: For qualifying sea-freight loss or customs detention caused by the appointed forwarder, recovery is limited to the amount that forwarder accepts under its terms: generally the lesser of three times the freight attributable to the lost portion and the proven goods value, and may also be capped at ¥20/kg. Freight is not refunded.

• Air freight: For qualifying air-freight loss or customs detention, recovery is capped at ¥40/kg on the same basis as sea freight above. Freight is not refunded.

• Sea-freight-plus-trucking (groupage/LCL-by-truck): For qualifying loss or customs detention of bulky/low-density cargo moved by sea-freight-plus-trucking (groupage/LCL-by-truck) service, recovery is capped at ¥1,000 per cubic metre rather than by weight.

• Damage and breakage—particularly fragile-item breakage—are not covered by the basic carrier compensation unless the appointed provider confirms otherwise in writing.

• Spotyard will notify and communicate with the appointed Chinese freight forwarder and other relevant providers, provide reasonable claim-coordination assistance, and pass on to the customer any compensation actually approved and paid for that claim. Spotyard does not decide or guarantee the third party’s claim outcome.

• Customers should request premium cargo insurance for fragile, high-value, custom-made or difficult-to-replace goods. No premium cover should be assumed until the premium is paid and written confirmation or a policy/certificate is issued.

• Any premium price shown by the calculator is an estimate until the insurer or freight provider confirms the policy, insured value, scope, exclusions, excess and premium in writing

Insurance Coverage:

• Optional declared-value loss and damage insurance, subject to the insurer’s policy wording, exclusions, excesses and written confirmation of cover before dispatch.

• Premium cargo insurance is not a standing Spotyard service — it is arranged on a per-shipment basis with an insurer or freight provider once requested. Spotyard does not hold or administer this cover, and does not know its tiers, exclusions, claims process or time limits in advance. The policy or certificate actually issued for that shipment is the only document that governs cover, and it prevails over anything said elsewhere, including on our Website or by our staff.

• Coverage dates, warehouse-to-warehouse scope, tiers, exclusions and claims requirements apply exactly as stated in that shipment's issued policy or certificate — read it when you receive it

• Claims are assessed by the insurer or appointed provider, not Spotyard

Types of Cover Available: Our current freight forwarder's cargo insurance partner offers several types of cover, which may vary or be updated from time to time and apply only as stated in the policy or certificate actually issued for a shipment:

• Full Journey Cover — from departure at the origin warehouse through to arrival at the destination

• Overseas Segment Cover — from courier/carrier pickup onward; loss occurring before pickup is not covered

• Full Express Cover — from express courier pickup through to final destination delivery

• Shelving/Put-Away Protection — covers loss caused by warehouse operational error preventing correct stocking, whether by full carton or individual unit; available for FBA, AWD, TikTok Shop, Temu, SHEIN and other nominated third-party warehouses

• Port-to-Port and Warehouse-to-Warehouse Cover — for ocean freight shipments

Goods commonly excluded from cover include precision equipment, artwork, perishables, loose or unpacked bulk cargo, hazardous materials, vehicles, computer chips, alcohol and pharmaceuticals, second-hand goods, and "loss-only" categories such as glassware and bathroom fixtures, which are not covered for damage/breakage, only total loss.

How Compensation Is Calculated: The following reflects the general basis used by our current insurance partner and is illustrative only — the insurer's final assessment and the written policy govern every claim:

• Total loss is compensated at the insured (policy) value

• Partial loss is compensated as the actual loss value pro-rated against the insured value, less any applicable deductible

• Damage is assessed and compensated case-by-case by the insurer based on the actual loss

• Non-collection or failed-pickup events are compensated proportionally, based on historical loss-rate benchmarks

Deductibles and caps that may apply, subject to the issued policy:

• Fragile, loss-only goods: typically a 3%–5% deductible of insured value depending on cover type

• Paper and paper products: typically a 0.5% deductible

• External packaging intact but internal contents damaged: typically a 20% deductible on the loss

• Strike or riot related loss: typically a 10% deductible where the loss is ¥10,000 or less, or capped at ¥1,000 where the loss exceeds ¥10,000

• Battery fire or explosion: typically capped at ¥500,000 under cross-border large-cargo cover, or subject to a 10% deductible under traditional freight cover

• Goods valued at ¥300/kg or more: typically a 10% deductible applies

• Where 10 or more cartons are lost in total, or the loss exceeds ¥20,000, any amount recoverable from the carrier is typically deducted from the insurance payout first

Claim timing: loss or damage should be reported as soon as it is discovered. Damage claims are typically subject to a 96-hour reporting window from delivery, and goods that remain stalled at a single logistics node for more than 30 working days are typically treated as lost for claim purposes — both subject to the specific policy's wording.

Cargo without confirmed premium insurance travels subject to the basic carrier limits and exclusions above. Nothing in this section excludes Spotyard’s responsibility for its own conduct or any right or remedy that cannot be excluded under law.

You must not ship goods that are:

• Prohibited by Australian law (drugs, weapons, counterfeit goods, etc.)

• Dangerous goods without proper declaration and documentation

• Subject to trade sanctions or export controls

• Live animals or plants without required permits

• Food products without proper labelling and import permits

• Goods infringing intellectual property rights

We reserve the right to inspect, refuse, or dispose of prohibited items at your cost. You are solely responsible for any penalties, fines, or legal consequences arising from shipping prohibited goods.

All content on our Website, including but not limited to text, graphics, logos, icons, images, software, and the compilation thereof, is the property of Spotyard Logistics & Supply Chain or its licensors and is protected by Australian and international intellectual property laws.

You may not:

• Copy, reproduce, or distribute Website content without written permission

• Use our trademarks, trade names, or branding without authorisation

• Reverse engineer, decompile, or attempt to extract source code from the Website

• Create derivative works based on Website content

We collect, use, and protect your personal information in accordance with our Privacy Policy and the Privacy Act 1988 (Cth). By using our services, you consent to:

• Collection of personal and business information necessary to provide our services

• Sharing of information with carriers, customs authorities, and service partners as required

• Use of data for service improvement and communication purposes

You have rights to access, correct, and request deletion of your personal information. Contact admin@spotyard.com.au for privacy-related enquiries.

Either party may terminate the relationship at any time by providing written notice. We may immediately suspend or terminate your account access if you:

• Breach any provision of these Terms

• Provide false or misleading information

• Engage in fraudulent or illegal activity

• Fail to pay amounts owed when due

• Use our Website in a manner that may harm our business or reputation

Upon termination:

• You remain liable for all outstanding payments and charges

• We will complete in-transit shipments unless otherwise agreed

• Your access to Website features and data may be restricted

In the event of a dispute arising from these Terms or our services:

1. Good Faith Negotiation — Parties shall first attempt to resolve the dispute through direct negotiation within 14 days

2. Mediation — If negotiation fails, parties agree to participate in mediation administered by the Resolution Institute

3. Arbitration or Litigation — Unresolved disputes may be referred to arbitration or the courts of Victoria, Australia

Governing Law:

These Terms are governed by and construed in accordance with the laws of Victoria, Australia. You submit to the exclusive jurisdiction of the courts of Victoria and any courts of appeal.

We reserve the right to modify these Terms at any time. When we make material changes:

• We will update the "Last Updated" date at the top of this page

• We will notify registered users via email or Website notification

• Changes take effect 14 days after notification unless otherwise specified

Your continued use of the Website after changes become effective constitutes acceptance of the revised Terms. If you do not agree to any changes, you must stop using our services.

Entire Agreement: These Terms, together with our Privacy Policy and any accepted quotes, constitute the entire agreement between you and Spotyard.

No Binding Effect Without Writing: Spotyard is only bound by a commitment, promise, confirmation or representation — including about price, scope, inclusions, insurance, or timing — if it is given in writing (a quotation, invoice, email, or other written confirmation from Spotyard). Verbal statements, phone calls, WhatsApp messages or other informal communications do not create a binding obligation on Spotyard unless and until confirmed in writing. This applies equally in your favour: a written confirmation from Spotyard is binding even if given informally, such as by email or WhatsApp text.

Severability: If any provision of these Terms is found to be invalid or unenforceable, the remaining provisions shall continue in full force and effect.

Waiver: Our failure to enforce any right or provision shall not constitute a waiver of such right or provision.

Assignment: You may not assign or transfer your rights under these Terms without our written consent. We may assign our rights to any affiliate or successor.

For questions, concerns, or notices regarding these Terms of Service:

Knewton Consulting Pty Ltd trading as Spotyard Logistics & Supply Chain

72 Tennyson Street

Williamstown North VIC 3016

Australia

Email: admin@spotyard.com.au

General Enquiries: admin@spotyard.com.au

Phone: +61 470 483 920

Business Hours: Monday to Friday, 9:00 AM – 5:00 PM AEST