Platform Terms & Conditions

In these Terms:

Available Trucks, we, us or our means Available Trucks Pty Ltd.

Carrier means an independent transport operator, transport company, owner-driver or other transport service provider registered on the Platform.

Client means a person or entity using the Platform to obtain transport services.

Freight means goods, equipment, vehicles, machinery, materials, pallets, containers or other items submitted for transport through the Platform.

Freight Payment means the amount agreed between the Client and Carrier for performance of the Transport Services.

Held Funds means a Freight Payment received from a Client through the Platform and held pending release in accordance with these Terms.

Job means a transport task posted, quoted, accepted or arranged through the Platform.

Match means acceptance by a Client of a Carrier's Quote or otherwise confirmation through the Platform that the Carrier will perform a Job.

Platform means availabletrucks.com.au and associated Available Trucks software, applications and services.

Platform Fee means the fee payable to Available Trucks for use of the Platform, currently $129 plus GST per confirmed Job, unless another fee has been expressly agreed in writing.

Proof of Delivery or POD means evidence reasonably satisfactory to Available Trucks that the Freight has been delivered, including an electronic or written proof of delivery, recipient signature, delivery photograph, electronic delivery confirmation or other evidence reasonably accepted by Available Trucks.

Quote means a price submitted by a Carrier for performance of a Job.

Transport Contract means the contract for Transport Services formed between the Client and Carrier.

Transport Services means the transportation, collection, carriage and delivery services performed by a Carrier.

Available Trucks operates a technology platform designed to connect Clients requiring freight transport with independent Australian Carriers.

The Platform allows Clients to:

• post freight requirements;
• receive Quotes from Carriers;
• compare available Carriers;
• select a Carrier;
• confirm Jobs;
• make payment through the Platform;
• monitor Job status; and
• confirm delivery.

The Platform allows Carriers to:

• identify available freight;
• submit Quotes;
• accept Jobs;
• communicate regarding transport requirements;
• perform Transport Services;
• submit Proof of Delivery; and
• receive payment following completion of a Job.

Available Trucks provides technology, administration and payment-facilitation services.

Unless expressly stated otherwise, Available Trucks:

• is not a Carrier;
• does not physically transport Freight;
• does not own or operate the Carrier's vehicles;
• does not employ Carrier drivers;
• does not exercise operational control over the Carrier;
• does not determine the route used by a Carrier;
• is not responsible for loading, securing or unloading Freight except where expressly agreed;
• does not guarantee the performance of any Carrier.

The Transport Services are provided by the Carrier directly to the Client.

The Transport Contract is between the Client and Carrier.

Available Trucks is not a party to the Transport Contract merely because it facilitates the Match, collects payment or releases Held Funds.

Every Carrier operates as an independent business.

Nothing in these Terms creates:

• employment;
• partnership;
• joint venture;
• agency;
• franchise;
• fiduciary relationship

between Available Trucks and a Carrier.

A Carrier has sole responsibility for its business operations, employees, drivers, vehicles, equipment, licences, permits, insurances and regulatory compliance.

Users must create an account to access certain Platform functions.

Users must provide accurate, complete and current information.

A user must not:

• create an account using false information;
• impersonate another person or business;
• maintain accounts for fraudulent purposes;
• permit unauthorised persons to use their account;
• circumvent an account suspension.

Available Trucks may require identity or business verification at any time.

Before being permitted to Quote on Jobs, a Carrier may be required to provide evidence including:

• current ABN;
• business registration details;
• Certificate of Currency;
• public liability insurance;
• carrier's liability or goods-in-transit insurance where applicable;
• workers' compensation insurance where applicable;
• vehicle registration;
• driver licensing;
• accreditation information;
• NHVR or other regulatory accreditation where applicable;
• any other document reasonably requested by Available Trucks.

Verification means only that Available Trucks has received and reviewed specified information.

It does not constitute a guarantee, endorsement or warranty of the Carrier.

A Client posting a Job must provide accurate information concerning the Freight, including where relevant:

• collection address;
• delivery address;
• collection date;
• required delivery date;
• dimensions;
• weight;
• quantity;
• packaging;
• loading requirements;
• unloading requirements;
• access restrictions;
• dangerous goods status;
• refrigeration requirements;
• oversize or overmass requirements;
• special handling requirements;
• any information reasonably necessary for lawful and safe transportation.

The Client is responsible for the accuracy and completeness of the information supplied.

Carriers may submit Quotes for Jobs advertised through the Platform.

Unless expressly stated otherwise, a Quote must include the complete amount the Carrier requires for the Transport Services, including ordinary operating costs.

The Carrier must clearly identify any additional amounts that may become payable, including where relevant:

• waiting time;
• demurrage;
• additional loading or unloading;
• permits;
• escorts;
• storage;
• redelivery;
• futile collection;
• additional kilometres;
• changed Freight requirements.

A Carrier must not deliberately submit an artificially low Quote with the intention of increasing the price after acceptance.

When a Client accepts a Carrier's Quote through the Platform:

1. the Carrier is selected for the Job;
2. the Transport Contract is formed between the Client and Carrier;
3. the agreed Freight Payment becomes payable in accordance with these Terms;
4. the Platform Fee becomes payable to Available Trucks.

The Client and Carrier acknowledge that Available Trucks facilitates formation and administration of the Transport Contract but does not itself undertake the Transport Services.

The standard Available Trucks Platform Fee is:

$129.00 plus GST per confirmed Job.

The Platform Fee is separate from the Freight Payment payable to the Carrier.

Unless otherwise stated before confirmation, the Platform Fee is payable by the Client.

Available Trucks may change its Platform Fee from time to time.

Any revised fee will apply prospectively and will be disclosed before the Client confirms the relevant Job.

The Platform Fee is earned when:

• a Client accepts a Carrier's Quote; and
• a Match or confirmed Job is created through the Platform.

The Platform Fee compensates Available Trucks for providing services including:

• access to the Platform;
• Carrier matching;
• technology infrastructure;
• Carrier verification processes;
• Job administration;
• payment facilitation;
• Job status functionality;
• Proof of Delivery administration;
• support services.

Subject to the Australian Consumer Law and these Terms, the Platform Fee is non- refundable once a confirmed Match has occurred, except where Available Trucks determines otherwise.

In addition to the Platform Fee, the Client must pay the full agreed Freight Payment through the payment method made available by Available Trucks.

Unless Available Trucks expressly approves otherwise, the Freight Payment must be received before the Carrier is required to commence the Job.

A Job may not be treated as fully confirmed for collection until the required payment has been successfully received.

The amount payable by the Client when confirming a Job will ordinarily consist of:

Agreed Carrier Freight Payment

plus

Available Trucks Platform Fee of $129.00

plus GST applicable to the Platform Fee

plus any other amount clearly disclosed before payment.

Any GST applicable to the Carrier's Freight Payment will be dealt with according to the Carrier's Quote, tax status and applicable law.

Freight Payments received from Clients may be held pending satisfactory completion of the relevant Job.

Held Funds remain subject to these Terms until released, refunded or otherwise dealt with in accordance with these Terms and applicable law.

Available Trucks may use an independent payment service provider to receive, safeguard, process and disburse payments.

Where an independent payment provider is used, funds may legally be held by that provider rather than Available Trucks itself.

Users agree to comply with any reasonable verification, identification or payment requirements imposed by the relevant payment provider.

The payment-holding arrangement is intended to provide Clients and Carriers with greater transactional security by ensuring that the agreed Freight Payment has been received before transport commences and is not ordinarily released until completion is evidenced.

Unless Available Trucks expressly states otherwise following appropriate regulatory approval, Available Trucks does not represent that it is:

• a bank;
• financial institution;
• trustee;
• licensed escrow provider;
• deposit-taking institution; or
• provider of a financial investment product.

Held Funds do not constitute a deposit with Available Trucks.

No interest is payable to a Client or Carrier on Held Funds.

Subject to these Terms, a Carrier becomes entitled to release of the Freight Payment after:

1. completing the Transport Services;
2. delivering the Freight to the agreed destination;
3. submitting satisfactory Proof of Delivery through the Platform; and
4. there being no legitimate unresolved dispute preventing release.

The Carrier must submit Proof of Delivery promptly following delivery.

Acceptable POD may include:

• signed delivery docket;
• electronic recipient signature;
• delivery photograph;
• GPS-supported delivery confirmation;
• recipient name and delivery time;
• electronic consignment confirmation;
• other evidence reasonably accepted by Available Trucks.

Available Trucks may request further information where the POD is incomplete, inconsistent or reasonably disputed.

Following receipt of satisfactory POD, Available Trucks will arrange release of the Freight Payment to the Carrier.

Payment will ordinarily be initiated after satisfactory POD is approved, subject to:

• banking processing times;
• payment provider processing times;
• fraud checks;
• chargebacks;
• regulatory requirements;
• a genuine dispute;
• suspected unlawful activity;
• account verification requirements.

Available Trucks is not responsible for delays caused by banks or payment providers outside its reasonable control.

Available Trucks may notify the Client when the Carrier submits POD.

The Client must promptly advise Available Trucks of any genuine dispute concerning:

• non-delivery;
• material freight damage;
• delivery to the wrong location;
• material failure to perform the agreed Transport Services.

A Client must not withhold confirmation merely to delay or avoid payment to a Carrier.

Unless a genuine dispute is lodged within 24 HOURS after the Client is notified of POD, Available Trucks may treat delivery as accepted and release the Freight Payment to the Carrier.

Failure by a Client to respond within the applicable period does not prevent any rights the Client may otherwise have against the Carrier under law or the Transport Contract.

Where a client raises a genuine dispute before release of Held Funds, Available Trucks may temporarily suspend payment while the matter is reviewed.

Available Trucks may request:

• POD;
• photographs;
• consignment documents;
• communications;
• GPS records;
• collection records;
• delivery records;
• invoices;
• statements from either party;
• other relevant evidence.

Both parties must cooperate reasonably with the review.

Available Trucks may facilitate communication and make administrative decisions concerning whether Held Funds should remain temporarily suspended.

Available Trucks does not become the legal decision-maker for the underlying Transport Contract merely by doing so.

Where a dispute cannot reasonably be resolved, Available Trucks may:

• continue holding the disputed amount where legally permissible;
• release an undisputed portion;
• request written agreement between the parties;
• require a court order or other binding determination;
• refer the parties to mediation or another dispute-resolution process;
• take any other action reasonably required by law.

Where only part of the Freight Payment is genuinely disputed, Available Trucks may release the undisputed portion to the Carrier and retain only the disputed amount, where technically and legally practicable.

A Client must not initiate an improper chargeback or payment reversal after:

• a Carrier has been engaged;
• Transport Services have commenced;
• Freight has been delivered; or
• valid POD has been supplied.

Where a Client initiates an unjustified chargeback, Available Trucks may:

• suspend the Client account;
• recover the amount as a debt;
• recover reasonable chargeback costs;
• refer the debt for recovery;
• take legal action.

This clause does not prevent a Client from exercising legitimate rights under applicable law.

Carriers must provide accurate bank or payment-account information.

Available Trucks is not responsible for a payment made to incorrect details supplied by the Carrier unless the error resulted from Available Trucks' own failure to exercise reasonable care.

Changes to Carrier payment details may be subject to identity and fraud verification.

If a client cancels a Job after accepting a Carrier's Quote, Available Trucks may retain the Platform Fee.

The Carrier may also be entitled to a reasonable cancellation amount where:

• the vehicle has been allocated;
• the Carrier has commenced travel;
• permits have been obtained;
• subcontractors or equipment have been committed;
• other reasonable costs have been incurred.

Any cancellation amount should be disclosed in the Carrier's applicable terms or agreed through the Platform.

The balance of Held Funds, after authorised deductions, will be refunded to the Client.

Where a Carrier cancels a confirmed Job without reasonable cause:

• the Client will ordinarily receive a refund of the Freight Payment;
• Available Trucks may attempt to locate an alternative Carrier;
• Available Trucks may waive, credit or refund the Platform Fee where appropriate;
• the Carrier's account may be reviewed.

Repeated or unjustified cancellations may result in suspension or termination.

Where collection fails because the Client:

• supplied an incorrect address;
• provided inaccurate Freight information;
• failed to make the Freight available;
• failed to provide required loading facilities;
• failed to disclose access restrictions;
• otherwise caused the collection to fail,

the Carrier may be entitled to reasonable futile collection, waiting time or other charges.

Any disputed additional charge must be supported by reasonable evidence.

A Client must immediately disclose any material change to:

• Freight;
• weight;
• dimensions;
• quantity;
• collection location;
• delivery location;
• timing;
• loading requirements;
• dangerous goods status;
• access conditions.

A Carrier may propose a revised Freight Payment where the change materially affects the Transport Services.

The Client must approve any revised amount through the Platform before additional funds are charged, except where another lawful arrangement applies.

The Carrier is responsible for performing the Transport Services with appropriate care and in accordance with applicable law and the Transport Contract.

Any claim concerning:

• loss;
• damage;
• contamination;
• theft;
• delay;
• mis delivery;
• deterioration

is principally a matter between the Client and Carrier.

Available Trucks may assist by preserving relevant Platform records and temporarily suspending unreleased Held Funds where a genuine dispute is raised.

The holding of a Freight Payment does not make Available Trucks an insurer or guarantor of the Freight.

Carriers must maintain insurance appropriate to their operations and legal obligations.

Available Trucks may require evidence of insurance at registration and periodically thereafter.

Clients remain responsible for determining whether the Carrier's insurance is appropriate for the nature and value of their Freight.

Verification of a Certificate of Currency does not constitute advice or a guarantee that a particular loss will be covered.

Clients and Carriers acknowledge their respective obligations under applicable heavy vehicle and Chain of Responsibility legislation.

No user may request, encourage, permit or reward conduct that would cause or contribute to:

• speeding;
• fatigue breaches;
• mass breaches;
• dimension breaches;
• loading breaches;
• load-restraint breaches;
• unsafe scheduling;
• unlawful vehicle operation.

Commercial pressure is not an acceptable reason for unsafe or unlawful transport.

Clients must accurately identify Dangerous Goods before a Carrier accepts a Job.

The Client must provide all legally required:

• classifications;
• declarations;
• documentation;
• packaging;
• labelling;
• handling information.

A Carrier may refuse Freight that has been incorrectly or inadequately declared.

The Client warrants that:

• it is authorised to arrange transportation of the Freight;
• Job information is accurate;
• Freight is lawfully transportable;
• prohibited goods will not be submitted;
• required declarations will be provided;
• it will comply with applicable Chain of Responsibility obligations;
• it has authority to make payments through the Platform.

The Carrier warrants that:

• it is lawfully entitled to provide the Transport Services;
• required licences and registrations are current;
• vehicles are roadworthy and suitable;
• drivers are appropriately licensed;
• required insurance is maintained;
• it will comply with applicable transport and safety law;
• information supplied to Available Trucks is accurate;
• POD submitted is genuine.

Users must not:

• submit fraudulent Jobs;
• submit false Quotes;
• manipulate POD;
• fabricate delivery records;
• engage in payment fraud;
• misuse another person's payment method;
• circumvent Platform payment requirements;
• interfere with Platform systems;
• scrape Platform data without permission;
• create false accounts;
• harass another user;
• use the Platform for unlawful activity.

Where a Client and Carrier are introduced through Available Trucks, they must not deliberately arrange the same or substantially related Job outside the Platform for the purpose of avoiding:

• the Platform Fee;
• payment controls;
• other applicable Platform charges.

Where Available Trucks reasonably determines that circumvention occurred, it may suspend or terminate the relevant accounts and recover amounts properly payable under these Terms.

This clause does not prevent the parties from entering legitimate independent commercial relationships where doing so is not designed to avoid fees properly payable for a Platform- originated Job.

The Platform Fee is $129 plus GST.

Available Trucks will issue appropriate tax documentation for its Platform Fee.

Each Carrier is responsible for:

• its own GST registration;
• taxation obligations;
• invoicing requirements;
• reporting income;
• issuing tax invoices where required.

Available Trucks does not provide taxation advice.

Available Trucks will maintain reasonable records of:

• Client payments;
• Platform Fees;
• Held Funds;
• Carrier payment instructions;
• refunds;
• payment releases;
• disputes;
• chargebacks.

Users must promptly notify Available Trucks of suspected payment errors.

Available Trucks may delay or suspend a payment where reasonably necessary to investigate:

• suspected fraud;
• stolen payment methods;
• identity fraud;
• suspicious account activity;
• manipulated POD;
• money laundering concerns;
• sanctions issues;
• other unlawful activity.

Available Trucks may request additional identity or transaction information.

Where legally required, Available Trucks may report suspected unlawful conduct to a payment provider, financial institution, regulator or law-enforcement agency.

Available Trucks may use one or more independent payment providers to:

• collect Client payments;
• hold or safeguard funds;
• verify users;
• process refunds;
• release Carrier payments;
• manage chargebacks;
• perform fraud screening.

Use of the Platform constitutes consent to the processing of relevant payment and identity information by those providers.

The provider's terms may also apply.

Available Trucks does not guarantee uninterrupted Platform availability.

The Platform may be unavailable because of:

• maintenance;
• upgrades;
• cyber incidents;
• telecommunications failures;
• payment-provider outages;
• events outside Available Trucks' reasonable control.

Available Trucks will use reasonable efforts to restore material services.

All intellectual property in the Platform, including its:

• software;
• design;
• branding;
• trademarks;
• databases;
• algorithms;
• text;
• graphics;
• documentation

belongs to Available Trucks or its licensors.

Users receive only a limited, revocable, non-exclusive right to use the Platform in accordance with these Terms.

Personal information will be handled in accordance with the Available Trucks Privacy Policy.

Users acknowledge that information may need to be exchanged between Client and Carrier to facilitate Transport Services.

Payment providers may separately collect and process information for payment, identity verification, fraud prevention and regulatory purposes.

Users must not misuse confidential commercial, personal or operational information obtained through the Platform.

This obligation continues after a Job or account ends.

Available Trucks may permit Clients and Carriers to provide reviews or ratings.

Reviews must be:

• genuine;
• relevant;
• based on actual experience;
• not defamatory;
• not misleading;
• not abusive.

Available Trucks may remove content that reasonably breaches these requirements.

Available Trucks may suspend or restrict an account where it reasonably believes continued access creates:

• safety risk;
• legal risk;
• financial risk;
• fraud risk;
• cybersecurity risk;
• regulatory risk;
• reputational risk;
• material risk to another Platform user.

Suspension may occur immediately where reasonably necessary.

Available Trucks may terminate an account for serious or repeated breach of these Terms.

Termination does not affect:

• completed Transport Contracts;
• payment obligations;
• Held Funds;
• accrued rights;
• indemnities;
• confidentiality obligations;
• dispute obligations.

Available Trucks will continue dealing with Held Funds in accordance with these Terms and applicable law.

Nothing in these Terms excludes, restricts or modifies any consumer guarantee, right or remedy that cannot lawfully be excluded under the Australian Consumer Law or other applicable legislation.

Where liability can lawfully be limited, Available Trucks' liability will be limited to the maximum extent permitted by law.

Available Trucks does not guarantee:

• availability of a Carrier;
• acceptance of a Job;
• a particular Freight price;
• collection time;
• delivery time;
• Carrier solvency;
• Carrier performance;
• insurance coverage.

The Platform facilitates transactions but does not physically perform the Transport Services.

To the maximum extent permitted by law, Available Trucks is not liable for loss arising directly from acts or omissions of an independent Carrier, including:

• Freight damage;
• Freight loss;
• theft;
• contamination;
• delay;
• vehicle breakdown;
• incorrect delivery;
• Carrier negligence;
• Carrier regulatory breaches.

Nothing in this clause excludes liability that cannot lawfully be excluded.

Available Trucks will exercise reasonable care in administering payment instructions.

Subject to rights that cannot lawfully be excluded, Available Trucks is not responsible for loss caused solely by:

• banking network failures;
• payment-provider outages;
• incorrect payment details supplied by a user;
• lawful regulatory holds;
• fraudulent acts of third parties that Available Trucks could not reasonably prevent;
• events beyond its reasonable control.

To the extent permitted by law, each user indemnifies Available Trucks against losses reasonably arising from that user's:

• breach of these Terms;
• unlawful conduct;
• fraudulent conduct;
• inaccurate information;
• infringement of third-party rights;
• breach of transport or safety legislation.

An indemnity will be reduced to the extent that Available Trucks caused or contributed to the relevant loss.

Complaints should initially be submitted through Available Trucks' designated support process.

Available Trucks will endeavour to investigate complaints fairly and within a reasonable time.

Payment disputes will be dealt with in accordance with the payment-dispute provisions of these Terms.

Before commencing court proceedings concerning these Terms, the parties should attempt in good faith to resolve the dispute through:

1. written notice of the dispute;
2. internal negotiation;
3. mediation where appropriate.

This requirement does not prevent urgent injunctive relief, debt recovery or other urgent legal proceedings.

Users consent to receiving notices electronically through:

• email;
• Platform notifications;
• account messages;
• SMS where appropriate.

Electronic acceptance of a Job or these Terms is binding to the extent permitted by law.

Available Trucks may amend these Terms from time to time.

Material amendments will apply prospectively and may be notified through the Platform or by email.

Changes affecting an already confirmed Job will not ordinarily alter the agreed financial terms of that Job unless required by law or agreed by the parties.

A user may not assign its rights under these Terms without Available Trucks' written consent.

Available Trucks may assign these Terms as part of a bona fide:

• corporate restructure;
• sale of business;
• merger;
• transfer to a related entity.

If any provision of these Terms is invalid or unenforceable, it will be severed or read down to the minimum extent necessary without affecting the remaining provisions.

Failure to enforce a provision does not constitute a waiver of that provision.

A waiver must be in writing.

These Terms operate together with applicable:

• Client Terms;
• Carrier Terms;
• Privacy Policy;
• Cookie Policy;
• payment terms;
• policies expressly incorporated by reference.

Where a specific Client or Carrier provision conflicts with these general Platform Terms, the more specific provision will apply to the extent of the inconsistency.

These Terms are governed by the laws of Queensland, Australia.

Subject to any rights that cannot lawfully be excluded, the parties submit to the jurisdiction of the courts of Queensland and applicable Commonwealth courts.

Available Trucks Pty Ltd

ABN: 62 679 715 201

Registered Office: 4 Bardot Street, McDowall QLD 4053

Website: availabletrucks.com.au

Email: admin@availabletrucks.com.au

By registering for, accessing or using the Platform, the user acknowledges that:

• they have read these Terms;
• they understand these Terms;
• they agree to be bound by them;
• Available Trucks operates the Platform but does not physically perform Transport Services;
• Transport Services are performed by independent Carriers;
• the Client is responsible for funding the Freight Payment;
• the Freight Payment may be held pending completion;
• payment to the Carrier is subject to satisfactory Proof of Delivery and these Terms;
• the Platform Fee is currently $129 plus GST per confirmed Job.