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 Spotyard Logistics & Supply Chain(ABN pending) ("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.

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:

• 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 — Arranged through independent, licensed third-party customs brokers

• 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 (Principal): For product sourcing and purchasing, Spotyard may act as principal, sourcing goods from Chinese suppliers and on-selling or procuring them on your behalf. Where we act as principal for sourcing, our responsibility is limited to the sourcing and purchasing service described in the relevant quote.

Our Role — Logistics (Intermediary / Arranger): For all freight, shipping, customs clearance, transport, warehousing and delivery services, Spotyard acts solely as an intermediary and arranger. We engage independent third-party carriers, shipping lines, licensed customs brokers, transport operators and warehouses on your behalf. 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 under their own terms and conditions.

You acknowledge that Spotyard does not control, and is not responsible for, the acts, omissions, delays, loss or damage caused by any third-party carrier, customs broker, supplier, transport operator, warehouse, or government authority involved in your order.

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)

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

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

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:

• 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

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.

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

• We arrange customs clearance through independent, licensed third-party customs brokers acting under their own terms

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

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

• 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 to goods occurs in transit, your remedy lies with the responsible carrier or insurer (and, where applicable, the cargo insurer), not with Spotyard

• 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

• 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

Claims relating to goods (loss, damage, shortage, or non-delivery) must be made directly against the responsible carrier or insurer. We will assist you in lodging such claims but accept no liability for their outcome. Any claim must be notified to us within 7 days of delivery for visible damage, or 14 days for concealed damage.

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. As an intermediary arranging carriage with third parties, Spotyard accepts no liability for loss or damage to goods; any recovery is limited to the responsible carrier's or insurer's liability under applicable conventions and policies.

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 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.

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