Terms of Service

By accessing and using the Spotyard Logistics & Supply Chain website and services ("the Platform"), 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 Spotyard Logistics Pty Ltd (ABN pending) ("Spotyard", "we", "us", or "our").

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

Spotyard provides an integrated platform for China product sourcing, purchasing on behalf of customers, international shipping, customs clearance, and import delivery services, specialising in China-to-Australia trade. Our services include:

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

• Sea Freight — Full Container Load (FCL) and Less than Container Load (LCL) shipping

• Air Freight — Express and economy air cargo services

• Customs Clearance — Licensed customs brokerage and documentation services

• Warehousing — Storage and inventory management at our Williamstown, Victoria facility

• E-commerce Fulfilment — Pick, pack, and dispatch services for online retailers

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

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

To access certain features of the Platform, 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, and other government charges are payable by the importer

• We can arrange duty payment on your behalf with applicable processing fees

• Quotes do not include duties and taxes unless explicitly stated

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 the Platform

• 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

We coordinate shipping through reputable third-party carriers and shipping lines. You acknowledge and agree that:

• Transit times are estimates only and not guaranteed delivery dates

• Sea freight from China to Australia typically takes 14-28 days port-to-port

• Air freight typically takes 3-7 business days airport-to-airport

• Actual delivery times depend on customs clearance, carrier schedules, and destination

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

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:

• We provide customs brokerage services through licensed customs brokers

• We assist with documentation preparation and lodgement

• We can advise on general compliance matters but do not provide legal advice

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

• Inaccurate or incomplete information you provide

• Goods that fail to meet Australian import requirements

• Undeclared or misdeclared goods

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

• Our liability for loss or damage to goods is limited to the lesser of: (a) the declared value of goods, (b) the repair or replacement cost, or (c) $100 AUD per package unless additional insurance is purchased

• 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, beyond rebooking affected shipments

Claims must be lodged within 7 days of delivery for visible damage, or 14 days for concealed damage. Claims for non-delivery must be lodged within 21 days of expected delivery.

Nothing in these Terms excludes or limits liability that cannot be excluded by law, including liability under the Australian Consumer Law for consumer guarantees.

We strongly recommend cargo insurance for all shipments. Please note:

• 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

• We can arrange comprehensive marine cargo insurance on your behalf

• Insurance premiums are typically 0.3-0.5% of cargo value plus a minimum premium

Insurance Coverage:

• All-risks coverage including theft, damage, and total loss

• Coverage from warehouse to warehouse (origin to destination)

• Claims handled directly with underwriters

Uninsured cargo is shipped at the owner's risk. We accept no liability for loss or damage to uninsured goods beyond statutory minimums.

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 the Platform, including but not limited to text, graphics, logos, icons, images, software, and the compilation thereof, is the property of Spotyard Logistics or its licensors and is protected by Australian and international intellectual property laws.

You may not:

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

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

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

• Create derivative works based on Platform 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 the Platform 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 Platform 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 Platform notification

• Changes take effect 14 days after notification unless otherwise specified

Your continued use of the Platform 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.

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:

Spotyard Logistics Pty Ltd

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