Terms And Condition
1. INTRODUCTION
1.1 About These Terms
These Terms and Conditions govern your access to and use of (“OSEAS)”, “we”, “us”, “our”), an online
marketplace connecting shippers with carriers for freight and logistics services.
1.2 Acceptance of Terms
By accessing or using the Platform, you agree to be bound by these Terms. If you do not agree to these Terms, you must not use the Platform.
1.3 Definitions
“Shipper” means a user seeking freight transportation services
“Carrier” means a user offering freight transportation services
“User” means any person or entity using the Platform, including both Shippers and Carriers
“Shipment” means goods to be transported pursuant to an agreement between a Shipper and Carrier
“Transaction” means any arrangement for transportation services made through the Platform
2. PLATFORM SERVICES
2.1 Nature of Services
The Platform provides a marketplace that:
• Connects Shippers with Carriers
• Facilitates communication between parties
• Processes payments and transactions
• Provides tracking and documentation tools
2.2 Platform Role
We act solely as an intermediary platform. We are not:
• A freight forwarder or carrier
• A party to contracts between Shippers and Carriers
• Responsible for the actual transportation of goods
• An employer or agent of any User
• A decision-maker on underlying freight contract terms between Shippers and Carriers unrelated to platform operations
2.3 Payment Obligations
Shippers agree to:
• Pay all fees as agreed with the Carrier
• Provide payment information that is current and accurate
• Pay for services rendered even if goods are damaged (subject to insurance claims)
3 ABOUT THE WEBSITE
(a) Terms for your records.
(b) Welcome to https://oseas.com.au (Website). The Website facilitates interactions between:
(c) Parties providing services (Provider); and
(d) Parties receiving services (Receiver),
(e) making it easier for the Receiver and the Provider to locate, communicate, arrange payment and deliver the services in a fast and secure manner (Services).
(f) The Website is operated by OSEAS (ABN 53982125080). Access to and use of the Website, or any of its associated products or Services, is provided by OSEAS. Please read these terms and conditions (Terms) carefully. By using, browsing and/or reading the Website, this signifies that you have read, understood and agree to be bound by the Terms. If you do not agree with the Terms, you must cease usage of the Website, or any of its products or Services, immediately.
(g) OSEAS reserves the right to review and change any of the Terms by updating this page at its sole discretion. When OSEAS updates the Terms, it will use reasonable endeavours to provide you with notice of updates of the Terms. Any changes to the Terms take immediate effect from the date of their publication. Before you continue, we recommend you keep a copy of the
(h) Acceptance of the Terms
You accept the Terms by registering for the Services and/or making any payment as required under the Terms for use of the Services. You may also accept the Terms by clicking to accept or agree to the Terms where and if this option is made available to you by OSEAS in the user interface.
3.1. The Services
(a) In order to access the Services, both the Receiver and the Provider are required to register for an account through the Website (Account).
(b) As part of the registration process, or as part of your continued use of the Services, you may be required to provide personal information about yourself (such as identification or contact details), including:
(i) Email address
(ii) Preferred username
(iii) Mailing address
(iv) Telephone number
(v) Password
(c) You warrant that any information you give to OSEAS in the course of completing the registration process will always be accurate, correct and up to date.
(d) Once you have completed the registration process, you will be a registered member of the Website (Member) and agree to be bound by the Terms.
(e) You may not use the Services and may not accept the Terms if:
(i) you are not of legal age to form a binding contract with OSEAS; or
(ii) you are a person barred from receiving the Services under the laws of Australia or other countries including the country in which you are resident or from which you use the Services.
3.2. Your obligations as a Member
As a Member, you agree to comply with the following:
(a) you will not share your profile with any other person;
(b) you will use the Services only for purposes that are permitted by:
(i) the Terms; and
(ii) any applicable law, regulation or generally accepted practices or guidelines in the relevant jurisdictions;
(c) you have sole responsibility for protecting the confidentiality of your password and/or email address. Use of your password by any other person may result in the immediate cancellation of the Services;
(d) any use of your registration information by any other person, or third parties, is strictly prohibited. You agree to immediately notify OSEAS of any unauthorised use of your password or email address or any breach of security of which you have become aware;
(e) you must not expressly or impliedly impersonate another Member or use the profile or password of another Member at any time;
(f) any content that you broadcast, publish, upload, transmit, post or distribute on the Website (Your Content) will always be accurate, correct and up to date and you will maintain reasonable records of Your Content.
(g) you agree not to harass, impersonate, stalk, threaten another Member of the Website (where interaction with other Members is made available to you);
(h) access and use of the Website is limited, non-transferable and allows for the sole use of the Website by you for the purposes of providing the Services;
(i) you will not use the Services or the Website in connection with any commercial endeavours except those that are specifically endorsed or approved by the management of OSEAS;.
(j) you will not use the Services or Website for any illegal and/or unauthorised use which includes collecting email addresses of Members by electronic or other means for the purpose of sending unsolicited email or unauthorised framing of or linking to the Website;
(k) you agree that commercial advertisements, affiliate links and other forms of solicitation may be removed from Member profiles without notice and may result in termination of the Services. Appropriate legal action will be taken by OSEAS for any illegal or unauthorised use of the Website; and
(l) you acknowledge and agree that any automated use of the Website or its Services is prohibited.
4. CARRIER OBLIGATIONS
4.1 Licensing and Compliance
Carriers must:
• Hold all required licenses and operating authorities
• Maintain current vehicle registrations
• Comply with all transportation regulations
• Maintain appropriate insurance coverage
• Provide proof of insurance upon request
5.2 Service Standards
Carriers must:
• Accept only shipments they can reasonably complete
• Carrier must accept the goods their insurance can cover
• Transport goods with reasonable care
• Deliver goods within agreed timeframes
• Provide real-time tracking updates
• Handle goods in accordance with industry standards
• Provide tracking updates at least every [24 HOURS] or more frequently if agreed in the booking.
5.3 Driver Requirements
Carriers must ensure all drivers:
• Hold valid commercial driver’s licenses
• Have clean driving records
• Comply with hours-of-service regulations
• Are properly trained and qualified
5.4 Vehicle Standards
Carriers must maintain vehicles that are:
• Roadworthy and properly maintained
• Suitable for the type of cargo
• Compliant with safety regulations
• Properly insured
6. BOOKING AND TRANSACTIONS
6.1 Booking Process
• Shippers are required to post their shipment requirements on the Platform each time they have a load that needs transportation.
• Carriers submit quotes or accept posted rates
• Shippers select and confirm a Carrier
• A binding contract is formed between Shipper and Carrier
6.2 Pricing
Carriers set their own rates
• Platform fees are additional and clearly disclosed
• All prices are in Australian Dollars (AUD)
• Prices include GST where applicable
• Payment processing will be completed within [14 DAYS] business days of transaction confirmation
7. Using the Website as the Receiver
• Sign-up is free. • Must provide valid business registration details. • Specify a pick-up address. • Are responsible for the accuracy of all shipment information provided. • Post loads on the platform. • Receive quotes from multiple carriers. • Select a preferred carrier. • Book the shipment. • Track the shipment’s progress. • Can use their account to manage multiple consignments (shipments).
• Must declare cargo type, weight, dimensions, hazardous goods classification (if applicable), declared value, and special handling requirements. • Warrant that all shipment declarations are accurate and complete. • Provide supporting documentation (invoices, manifests) upon request. • Acknowledge that false or incomplete declarations may result in carrier refusal without penalty to the carrier, shipper liability for carrier losses, account suspension for repeated violations, and regulatory reporting to relevant authorities. • Consent to OSEAS auditing declarations and suspending accounts for systematic non-compliance.
7.1 Using the Website as the Provider
• Account registration is free for all carriers. • Carriers are required to hold all necessary licences, permits, and regulatory authorisations. • A current Certificate of Currency must be uploaded to the platform at the time of registration. • Carriers must always maintain adequate and up-to-date insurance coverage. • Proof of operating authority must be submitted as part of the registration process. • Carriers must ensure that all vehicle and driver credentials are verified and compliant.
8. PAYMENT
By OSEAS offering the Services to you, you agree that:
We charge the following fees:
Shipper Payments (Platform fee)
• Upon selecting a carrier through the OSEAS platform, the Shipper must pay OSEAS a platform fee (currently 2.5%) calculated on the accepted quote using the Stripe payment method made available on the platform.
• The platform fee becomes due and payable immediately upon carrier selection, and the Shipper authorises OSEAS to charge the nominated payment method via Stripe. Payment is subject to successful processing by Stripe and the Shipper’s payment provider.
• The platform fee is non-refundable, including where a shipment is cancelled, delayed, disputed, or not completed, except where a refund is required under the Australian Consumer Law or due to a verified OSEAS platform error.
The payment covers:
• Platform access
• Load matching & facilitation
• Payment processing and platform administration
• The platform fee is charged automatically upon assignment of a carrier and is payable directly to OSEAS via Stripe.
Shipper Payment (Freight Fee Payable to the Carrier)
• Upon selecting a Carrier through the OSEAS platform, the Shipper must pay the freight charges to the Carrier through the platform using the Stripe payment method made available by OSEAS.
• OSEAS facilitates the collection and disbursement of freight charges as a payment intermediary only and does not act as a carrier, freight forwarder, or trustee of funds. Payment to the Carrier is subject to successful processing by Stripe and the Shipper’s payment provider.
The shipper pays the freight fee, being the amount quoted and accepted for the transport service, directly to the carrier through the platform using Stripe.
• Freight charges become due and payable in accordance with the booking terms and are subject to the Carrier’s cancellation, refund, and service policies. OSEAS is not responsible for Carrier performance or refund decisions, except where required under the Australian Consumer Law.
The shipper pays the freight fee, being the amount quoted and accepted for the transport service, directly to the carrier through the platform using Stripe.
OSEAS facilitates this payment but is not a party to the transport contract between the shipper and the carrier.
Carrier Payment to the Platform
• Upon accepting a load through the OSEAS platform, the Carrier must pay OSEAS a platform fee (currently 7.5%) calculated on the accepted load value.
• The platform fee becomes due and payable immediately upon load acceptance, and the Carrier authorises OSEAS to deduct the platform fee from the Carrier’s payout processed through the platform, including via Stripe.
• The carrier agrees to pay OSEAS a platform fee equal to 7.5% of the freight fee for each load accepted through the platform.
• The platform fee is non-refundable, including where a shipment is cancelled, delayed, disputed, or not completed due to the Carrier’s actions or breach, except where a refund is required under the Australian Consumer Law or in accordance with clause 8.1 (Refunds).
• Platform fee liability and non-refundability apply notwithstanding cancellation under clause 8.2 (Cancellation).
• The platform fee is payable in consideration for access to and use of the platform, including load listing, booking facilitation, payment processing, and administrative services.
Method of Payment
The carrier irrevocably authorises OSEAS to automatically deduct the platform fee from the freight fee paid by the shipper through the platform using Stripe.
• No separate or manual payment is required from the carrier.
• The platform deducts the 7.5% carrier fee and remits the remaining balance to the carrier.
• Stripe & Payout Costs: The platform covers Stripe processing fees for payments made to carriers.
• Carriers must upload photos and any required documents to the platform as proof of delivery
• All payments made in the course of your use of the Services are made using Stripe . In using the Website, the Services or when making any payment in relation to your use of the Services, you warrant that you have read, understood and agree to be bound by the Stripe terms and conditions which are available on their website.
• Carriers must submit Proof of Delivery (POD) within [HOURS] hours of delivery completion, including dated and timestamped photos of goods at the delivery location, recipient signature or acknowledgment, delivery address confirmation, and condition of goods assessment. OSEAS will not release payment to the carrier until POD is verified as complete and accurate, and shippers may dispute charges if POD is not submitted within the required timeframe.
• You acknowledge and agree that in the event of a payment dispute, chargeback, or reversal initiated through Stripe , you remain liable for all associated fees, costs, and the original transaction amount if the dispute is determined to be fraudulent or without valid grounds. OSEAS reserves the right to withhold payments, suspend accounts, or take recovery action where chargebacks or payment disputes indicate fraudulent activity or breach of these terms.
• OSEAS will investigate all chargebacks within [DAYS] business days by reviewing proof of delivery (including photographs and signatures), tracking history, shipper-carrier communications, and prior dispute history. A chargeback is deemed fraudulent if: (i) the shipper initiated the chargeback without first attempting a refund request through OSEAS’s dispute resolution process; (ii) proof of delivery exists demonstrating successful delivery in good condition; or (iii) the shipper has no documented communication with the carrier disputing the service prior to the chargeback.
8.1 Refund Policy
(a) All Providers agree to comply with the Australian Consumer Law. Any benefits set out in this Policy may apply in addition to consumer’s rights under the Australian Consumer Law.
(b) Since OSEAS is only a facilitator in introducing the Receiver to the Provider and providing a system to make safe payment, OSEAS does not hold any liability to the Receiver directly and will not personally refund them any payments made in the use of Services.
(c) Notwithstanding the above clause, if a Receiver is unsatisfied with the services provided by the Provider or believes that they may be entitled to a refund, then OSEAS requires the Receiver to:
(i) contact the Provider directly to request a refund; and
(ii) if contacting the Provider is not successful after fourteen (14) days, contact OSEAS through the ‘Contact Us’ section of the Website outlining why you believe you are entitled to a refund so we are able to determine if the Provider should be removed from the Services.
(d) If contacted by a Receiver who is requesting a refund pursuant to the above clause, the Provider agrees that it will immediately:
(i) complete the OSEAS refund request form (Request Form) provided at https://oseas.com.au; and
(ii) provide both the Request Form and the email from the Receiver requesting the refund to OSEAS.
(iii) provide a detailed explanation of the circumstances leading to the refund request, including any relevant documentation or evidence to support the claim.
(e) If the Provider agrees to a refund it is acknowledged that the Provider will instruct OSEAS to refund all or part of the payments made to the Receiver directly, less any fees and charges incurred by OSEAS in processing the refund.
(f) Both the Receiver and Provider agree that they will comply with the Refund Policy contained in this clause of these Terms.
(g) If OSEAS does not notify both parties of its refund decision within fourteen (14) days of receiving a claim under clause (c)(ii), the refund request will be deemed approved and OSEAS will process the full refund amount, less only the actual payment processing fees charged by the third-party payment processor, within five (5) business days of the expiry of the fourteen (14) day period.
(h) OSEAS will review any refund request submitted under clause (c)(ii) and notify both parties in writing of its decision within fourteen (14) days of receipt, and any approved refund will be processed within five (5) business days to the original payment method.
8.2 Cancellation Policy
By Shippers:
Once a Shipper selects a carrier through the OSEAS platform, the Shipper is committed to proceed with the shipment in accordance with the booking terms.
If a Shipper cancels a shipment after carrier selection, or fails to make the shipment available for any reason within the Shipper’s control, the Shipper:
• Remains liable for the OSEAS platform fee, which is non-refundable; and
• Is subject to the carrier’s cancellation and refund policy in respect of any freight charges.
• Cancellations more than [24 hours] before pickup: No fee
• Cancellations less than [24 hours] before pickup: [50%] of agreed fee
• Cancellations after pickup: Full fee applies
• Repeated cancellations may result in account suspension
Where a shipment is cancelled due to circumstances outside the Shipper’s reasonable control, the Shipper must notify OSEAS immediately. OSEAS may, at its discretion, facilitate communication with the carrier regarding any applicable fee adjustments.
Nothing in this clause limits any rights or remedies available under the Australian Consumer Law.
By Carriers:
Once a Carrier accepts a load through the OSEAS platform, the Carrier is committed to perform the shipment in accordance with the booking terms.
If a Carrier cancels a shipment after acceptance, or fails to perform the shipment for any reason within the Carrier’s control, the Carrier:
(a) remains liable for the platform fee in accordance with clause 8 (Platform Fees), which is nonrefundable; and
(b) may be subject to account warnings, suspension, removal from the platform, and recovery of losses, as determined by OSEAS.
• Carriers who cancel after acceptance may face penalties
• Cancellations more than [24 hours] before pickup: No fee
• Cancellations less than [24 hours] before pickup: [50%] of carrier fee
• Cancellations after pickup: Carrier fee applies. 7.5% carrier fee will be deducted (which equals 7.5% of the load being shipped)
• Repeated cancellation may result in lower rating
• Repeated cancellations may result in account suspension
• Cancellation fees are non-refundable and retained by OSEAS to cover administrative costs and platform maintenance
• Emergency cancellations must be reported immediately
Where a shipment is cancelled due to circumstances outside the Carrier’s reasonable control, the Carrier must notify OSEAS immediately. Any platform fee adjustment or credit will be determined in accordance with clause 8.1 (Refund Policy), at OSEAS’s discretion.
Nothing in this clause limits any rights or remedies available under the Australian Consumer Law, as reflected in clause 8.1 (Refund Policy).
9. CHANGE TO BOOKINGS
Any changes to confirmed bookings must be:
• Agreed by both parties
• Documented through the Platform
• Subject to additional fees if applicable
10. RATINGS AND REVIEWS
10.1 Review System
• Users may rate and review each other after transactions
• Reviews must be honest and based on actual experience
• Reviews must not contain offensive or defamatory content
• We reserve the right to remove inappropriate reviews
10.2 Impact of Ratings
• Low-rated Users may face account restrictions
• Consistently poor ratings may result in suspension
• Ratings are visible to all Platform users
11. PRIVACY AND DATA
11.1 Data Collection
We collect and process personal information in accordance with our Privacy Policy, which forms part of these Terms.
11.2 Data Sharing
We may share User data:
• Between Shippers and Carriers for transactions
• With service providers who assist Platform operations
• As required by law
• With your consent
11.3 Data Security
We implement reasonable security measures to protect User data but cannot guarantee absolute security
12. COPYRIGHT AND INTELLECTUAL PROPERTY
(a) The Website, the Services and all of the related products of OSEAS are subject to copyright. The material on the Website is protected by copyright under the laws of Australia and through international treaties. Unless otherwise indicated, all rights (including copyright) in the Services and compilation of the Website (including but not limited to text, graphics, logos, button icons, video images, audio clips, Website code, scripts, design elements and interactive features) or the Services are owned or controlled for these purposes, and are reserved by OSEAS or its contributors.
(b) All trademarks, service marks and trade names are owned, registered and/or licensed by OSEAS, who grants to you a worldwide, non-exclusive, royalty-free, revocable license whilst
you are a Member to:
(i) use the Website pursuant to the Terms;
(ii) copy and store the Website and the material contained in the Website in your device’s cache memory; and
(iii) print pages from the Website for your own personal and non-commercial use.
OSEAS does not grant you any other rights whatsoever in relation to the Website or the Services. All other rights are expressly reserved by OSEAS.
(c) OSEAS retains all rights, title and interest in and to the Website and all related Services. Nothing you do on or in relation to the Website will transfer any:
(i) business name, trading name, domain name, trade mark, industrial design, patent, registered design or copyright, or
(ii) a right to use or exploit a business name, trading name, domain name, trade mark or industrial design, or
(iii) a thing, system or process that is the subject of a patent, registered design or copyright (or an adaptation or modification of such a thing, system or process), to you.
(d) You may not, without the prior written permission of OSEAS and the permission of any other relevant rights owners: broadcast, republish, up-load to a third party, transmit, post, distribute, show or play in public, adapt or change in any way the Services or third party Services for any purpose, unless otherwise provided by these Terms. This prohibition does not extend to materials on the Website, which are freely available for re-use or are in the public domain.
(e) Where you broadcast, publish, upload, transmit, post or distribute Your Content on the Website, then you grant to OSEAS a non-exclusive, transferrable, perpetual, royalty-free, irrevocable, worldwide licence to broadcast, republish, up-load to a third party, transmit, post, distribute, show or play in public, adapt or change Your Content.
(f) You warrant that Your Content does not infringe upon the intellectual property rights, privacy rights, publicity rights, or other legal rights of any third party, and you agree to indemnify and hold harmless from any claims arising from such infringement.
(g) Privacy
OSEAS takes your privacy seriously and any information provided through your use of the Website and/or Services are subject to OSEAS’s Privacy Policy, which is available on the Website.
(h) General Disclaimer
(a) Nothing in the Terms limits or excludes any guarantees, warranties, representations or conditions implied or imposed by law, including the Australian Consumer Law (or any liability under them) which by law may not be limited or excluded.
(b) Subject to this clause, and to the extent permitted by law:
(i) all terms, guarantees, warranties, representations or conditions which are not expressly stated in the Terms are excluded; and
(ii) OSEAS will not be liable for any special, indirect or consequential loss or damage (unless such loss or damage is reasonably foreseeable resulting from our failure to meet an applicable Consumer Guarantee), loss of profit or opportunity, or damage to goodwill arising out of or in connection with the Services or these Terms (including as a result of not being able to use the Services or the late supply of the Services), whether at common law, under contract, tort (including negligence), in equity, pursuant to statute or otherwise.
(c) Use of the Website and the Services is at your own risk. Everything on the Website and the Services is provided to you “as is” and “as available” without warranty or condition of any kind. None of the affiliates, directors, officers, employees, agents, contributors and licensors of OSEAS make any express or implied representation or warranty about the Services or any products or Services (including the products or Services of OSEAS) referred to on the Website. This includes (but is not restricted to) loss or damage you might suffer as a result of any of the following:
(i) failure of performance, error, omission, interruption, deletion, defect, failure to correct defects, delay in operation or transmission, computer virus or other harmful component, loss of data, communication line failure, unlawful third party conduct, or theft, destruction, alteration or unauthorised access to records;
(ii) the accuracy, suitability or currency of any information on the Website, the Services, or any of its Services related products (including third party material and advertisements on the Website);
(iii) costs incurred as a result of you using the Website, the Services or any of the products of OSEAS; and
(iv) the Services or operation in respect to links which are provided for your convenience.
(d) You acknowledge that OSEAS Website and the Services are only intended to facilitate the interactions between the Receiver and the Provider and does not offer any services other than the Services and OSEAS holds no liability to you as a result of any conduct of the Members or the misuse of Your Content by any party (including other Members).
(i) Competitors
If you are in the business of providing similar Services for the purpose of providing them to users for a commercial gain, whether business users or domestic users, then you are a competitor of OSEAS. Competitors are not permitted to use or access any information or content on our Application. If you breach this provision, OSEAS will hold you fully responsible for any loss that we may sustain and hold you accountable for all profits that you might make from such a breach.
(j) Limitation of Liability
(a) OSEAS’s total liability arising out of or in connection with the Services or these Terms, however arising, including under contract, tort (including negligence), in equity, under statute or otherwise, will not exceed the resupply of the Services to you.
(b) You expressly understand and agree that OSEAS, its affiliates, employees, agents, contributors and licensors shall not be liable to you for any direct, indirect, incidental, special consequential or exemplary damages which may be incurred by you, however caused and under any theory of liability. This shall include, but is not limited to, any loss of profit (whether incurred directly or indirectly), any loss of goodwill or business reputation and any other intangible loss.
(c) You acknowledge and agree that OSEAS holds no liability for any direct, indirect, incidental, special consequential or exemplary damages which may be incurred by you as a result of providing Your Content to the Website.
(k) Termination of Contract
(a) If you want to terminate the Terms, you may do so by providing OSEAS with 30 days notice of your intention to terminate by sending notice of your intention to terminate to OSEAS via the ‘Contact Us’ link on our homepage.
(b) OSEAS may at any time, terminate the Terms with you if:
(i) you have breached any provision of the Terms or intend to breach any provision;
(ii) OSEAS is required to do so by law;
(iii) OSEAS is transitioning to no longer providing the Services to Members in the country in which you are resident or from which you use the service; or
(iv) the provision of the Services to you by OSEAS is, in the opinion of OSEAS, no longer commercially viable.
(v) the user has engaged in repeated violations of these Terms or has been the subject of multiple complaints from other users or third parties.
(vi) the user’s account has generated fewer than [NUMBER] transactions over a period of [MONTHS] consecutive months, or the user’s transaction volume has fallen below [PERCENTAGE]% of the platform average for their user category.
(c) Subject to local applicable laws, OSEAS reserves the right to discontinue or cancel your membership at any time and may suspend or deny, in its sole discretion, your access to all or any portion of the Website or the Services without notice if you breach any provision of the Terms or any applicable law or if your conduct impacts OSEAS’s name or reputation or violates the rights of those of another party.
(d) When the Terms come to an end, all of the legal rights, obligations and liabilities that you and OSEAS have benefited from, been subject to (or which have accrued over time whilst the Terms have been in force) or which are expressed to continue indefinitely, shall be unaffected by this cessation, and the provisions of this clause shall continue to apply to such rights, obligations and liabilities indefinitely.
(l) Indemnity
(a) You agree to indemnify OSEAS, its affiliates, employees, agents, contributors, third party content providers and licensors from and against:
(i) all actions, suits, claims, demands, liabilities, costs, expenses, loss and damage (including legal fees on a full indemnity basis) incurred, suffered or arising out of or in connection with Your Content;
(ii) any direct or indirect consequences of you accessing, using or transacting on the Website or attempts to do so; and/or
(iii) any breach of the Terms.
(iv) any third-party claims, damages, costs or liabilities arising from your breach of applicable laws, negligence or misconduct in performing services, or violation of third-party rights (including intellectual property, privacy or contractual rights).
(m) Dispute Resolution
12.1 Compulsory:
If a dispute arises out of or relates to the Terms, either party may not commence any Tribunal or Court proceedings in relation to the dispute, unless the following clauses have been complied with (except where urgent interlocutory relief is sought).
13. DISPUTES BETWEEN USERS
13.1 Direct Resolution
Users should first attempt to resolve disputes directly with each other.
13.2 Platform Mediation
If direct resolution fails:
• Either party may request Platform mediation
• We will review evidence from both parties
• We may make a binding determination
13.3 Claims Process
To make a claim:
• Please provide comprehensive information within seven days following the delivery due date.
• Provide supporting documentation
• Cooperate with our investigation
• Accept our determination
14. FORCE MAJEURE
We shall not be held responsible for delays or failures arising from events outside our reasonable control, such as natural disasters, strikes, wars, riots, fires, epidemics or outbreaks of disease, floods, cyclones, shortages in transportation facilities, labour disruptions, or technical malfunctions.
15. NOTICE
A party to the Terms claiming a dispute (Dispute) has arisen under the Terms, must give written notice to the other party detailing the nature of the dispute, the desired outcome and the action required to settle the Dispute.
15.1. Resolution:
On receipt of that notice (Notice) by that other party, the parties to the Terms (Parties) must:
(a) Within 28 days of the Notice endeavour in good faith to resolve the Dispute expeditiously by negotiation or such other means upon which they may mutually agree;
(b) If for any reason whatsoever, 28 days after the date of the Notice, the Dispute has not been resolved, the Parties must either agree upon selection of a mediator or request that an appropriate mediator be appointed by the Australian Mediation Association (AMA);
(c) The Parties are equally liable for the fees and reasonable expenses of a mediator and the cost of the venue of the mediation and without limiting the foregoing undertake to pay any amounts requested by the mediator as a precondition to the mediation commencing. The Parties must each pay their own costs associated with the mediation;
(d) The mediation will be held in Adelaide, Australia.
15.2. Confidential
All communications concerning negotiations made by the Parties arising out of and in connection with this dispute resolution clause are confidential and to the extent possible, must be treated as “without prejudice” negotiations for the purpose of applicable laws of evidence.
15.3. Termination of Mediation:
If 2 months have elapsed after the start of a mediation of the Dispute and the Dispute has not been resolved, either Party may ask the mediator to terminate the mediation and the mediator must do so.
15.4. Tiered Dispute Resolution:
Before commencing mediation under clause 15.3, the Parties must first attempt resolution through a tiered process: (a) Direct Resolution: [7] days for the Parties to resolve directly; (b) Platform Determination: for disputes under $[5,000] relating to payment, delivery confirmation, ratings, or cancellation fees, OSEAS may review evidence and make a binding determination within [14] days, which remains binding unless a Party requests mediation within [7] days of the determination; and (c) for disputes exceeding $[5,000] or involving regulatory matters, the Parties may proceed directly to mediation under clause 15.1.
(n) Venue and Jurisdiction
The Services offered by OSEAS are intended to be used by residents of Australia. In the event of any dispute arising out of or in relation to the Website, you agree that the exclusive venue for resolving any dispute shall be in the courts of South Australia, Australia.
(o) Governing Law
The Terms are governed by the laws of South Australia, Australia. Any dispute, controversy proceeding or claim of whatever nature arising out of or in any way relating to the Terms and the rights created hereby shall be governed, interpreted and construed by, under and pursuant to the laws of South Australia, Australia, without reference to conflict of law principles, notwithstanding mandatory rules. The validity of this governing law clause is not contested. The Terms shall be binding to the benefit of the parties hereto and their successors and assigns.
(p) Severance
If any part of these Terms is found to be void or unenforceable by a Court of competent jurisdiction, that part shall be severed and the rest of the Terms shall remain in force.
(q) For the purposes of this clause, a “Competitor” means a person or entity that operates a freight marketplace platform connecting shippers and carriers in Australia, or uses data obtained from the Website to develop or enhance a competing platform. This restriction does not apply to carriers, shippers, freight forwarders or logistics providers using the Services for legitimate freight operations without operating a competing marketplace.