Gatewayz - Terms and Conditions

1. Introduction

These Terms and Conditions (“Agreement”) govern the provision of logistics and transportation services by Gatewayz Logistics Pty Ltd (“Gatewayz,” “Company,” “we,” “us,” or “our”) to its customers (“Client,” “you,” or “your”). By engaging our services, you agree to comply with and be bound by this Agreement.

2. Definitions

▪ “Services” refers to the transportation, handling, and delivery of goods provided by Gatewayz.
▪ “Consignment” refers to the goods entrusted to Gatewayz for transportation.
▪ “Carrier” refers to Gatewayz and/or its subcontracted delivery partners.
▪ “Subcontractor” means any third party engaged by Gatewayz to provide transportation, delivery, or associated services on its behalf.
▪ “Customer” shall mean the shipper (consignor), the receiver (consignee), the owner of the Goods, the bailor of the Goods, or the person for whom any of the Services are arranged and/or performed.
▪ “Goods” refers to the freight entrusted to Gatewayz for transportation, subject to weight, size, and packaging restrictions outlined in these Terms & Conditions.
▪ “Dangerous Goods” means any goods classified as hazardous, explosive, flammable, toxic, radioactive, or otherwise regulated by law, which Gatewayz does not accept for transportation.
▪ “Force Majeure” refers to any event beyond the reasonable control of Gatewayz, including but not limited to natural disasters, strikes, government regulatio

3. Scope of Services

Gatewayz provides last-mile delivery and heavy freight transportation services on a nonexclusive basis. The services include collection, transportation, and delivery of consignments weighing up to 30kg per piece, with a maximum total weight of 120kg per consignment. The longest parcel length must not exceed two metres. Gatewayz does not transport dangerous goods or goods requiring refrigeration.

Our services are available nationally in Australia, with operations being ramped up gradually. Over time, Gatewayz may introduce additional services or expand its offerings to better meet customer needs.

4. Service Engagement

Gatewayz may provide a service proposal detailing services and rates upon request.

▪ The client may accept the proposal by confirming in writing via email.
▪ Upon acceptance, the client will be required to complete any necessary documentation for account setup.
▪ Gatewayz reserves the right to approve, decline, or modify service arrangements at its discretion.
▪ Once the client is set up in Gatewayz’s system, they may begin utilising services in accordance with these Terms & Conditions.

5. Pricing, Payment, and Lien Over Goods

▪ Payment Terms: All invoices are payable within 14 days from the invoice date.
▪ Late Payments: Overdue invoices will incur an interest charge of 5% per annum until fully paid.
▪ Non-Payment Consequences: Gatewayz reserves the right to suspend services for clients with overdue payments.
▪ Non-Refundable Charges: All service fees and charges are final and nonrefundable.
▪ Pricing Adjustments: Pricing is determined based on factors such as distance, weight, and service level, and Gatewayz reserves the right to revise pricing at any time.
▪ Credit Terms: Gatewayz may, at its discretion, extend credit terms to clients, which may be modified or revoked at any time.
▪ Lien Over Goods: Gatewayz shall have a lien over all Goods in its possession for unpaid charges. If payment is not made within a reasonable period, Gatewayz may retain, sell, or dispose of the Goods in accordance with the Personal Properties Security Act (PPSA) to recover outstanding debts.

6. Pick-Up and Delivery Terms

▪ Pick-Up Fee: A flat Pick-Up Fee applies to all collections.
▪ Waiting Time: Gatewayz allows 15 minutes of waiting time for freight readiness. If freight is not ready within this period, the driver will leave, and the Pick-Up Fee will still be charged. A new collection will require another charge. Authority to Leave (ATL): Deliveries are ATL by default, meaning the driver may leave the consignment at the delivery location without a signature. Gatewayz does not currently offer a signature-on-delivery service.
▪ Failed Deliveries & Re-Deliveries: If delivery cannot be completed due to inaccurate addresses, restricted access, or no safe place to leave, Gatewayz will return the consignment to the depot. A re-delivery charge will apply.
▪ Risk & Responsibility: Once a consignment has been delivered, Gatewayz is no longer responsible for loss or damage.
▪ Packaging Requirements: The customer is responsible for ensuring all freight is properly packed and labelled in compliance with transportation standards. Gatewayz is not liable for damages due to inadequate packaging.
▪ Fee and Policy Adjustments: Gatewayz reserves the right to adjust fees, waitingtimes, and other service conditions at its sole discretion, with or without prior notice to the client.

7. Liability, Risk, and Indemnity

▪ Gatewayz’ liability for loss or damage to goods is limited to $250 per consignment, with no excess.
▪ Gatewayz is not liable for consequential damages or losses, including but not limited to loss of market, business opportunities, or customer relationships due to delivery delays.
▪ Clients are responsible for arranging their own insurance; Gatewayz does not provide insurance options.
▪ Gatewayz is not liable for any acts, omissions, or failures of third-party subcontractors, including but not limited to carriers, warehouse operators, or regulatory authorities. The Client acknowledges that Gatewayz may engage
subcontractors to perform part or all the Services and accepts that subcontractors operate under their own terms and conditions.
▪ The Customer agrees to indemnify Gatewayz and its subcontractors against any claims, losses, or damages arising from:

  o Failure to comply with applicable laws or regulations.
  o Any defect, hazardous nature, or improper packaging of the Goods.
  o Third-party claims related to damage, injury, or liability arising from the Customer’s instructions or freight.

8. Claims, Dispute Resolution and Legal Timeframes

▪ Claims for lost or damaged goods must be submitted within 7 days of delivery or Gatewayz’s estimated delivery date if the goods were not received.
▪ If a claim is not made within this period, Gatewayz is released from any liability regarding the claim.
▪ Customers must commence any legal proceedings within 9 months from the date of service completion, or the claim will be considered waived.
▪ Disputes shall be resolved through mandatory mediation under the Australian Disputes Centre (ADC) guidelines before legal proceedings. Each party shall bear their own mediation costs, with mediator fees split equally unless otherwise agreed.
▪ The governing law of this Agreement is Victoria, Australia.

9. Termination

Gatewayz may terminate services with 7 days’ notice for non-payment or breach  of terms.

▪ Clients may terminate the service with 14 days’ notice, as outlined in the Service Level Agreement (SLA).

10. Amendments and Modifications

▪ Gatewayz reserves the right to update these Terms & Conditions unilaterally without prior notice to clients.

11. Subcontracting and Third Party Liability

▪ Gatewayz may subcontract services to final-mile delivery providers in various states. Clients acknowledge that subcontractors may perform some or all the delivery services.
▪ The Customer agrees that no claims or allegations shall be made against Gatewayz’s employees, agents, subcontractors, or any other third party engaged by Gatewayz.
▪ If any claim is made against a subcontractor, the Customer shall indemnify Gatewayz for all related costs, damages, or liabilities.
▪ Any subcontractor’s terms and conditions shall apply in addition to these Terms & Conditions and are available upon request.

12. Confidentiality

▪ Both Gatewayz and the Client agree to keep confidential any business-sensitive information shared during the course of this Agreement.
▪ Confidential information includes, but is not limited to, pricing, operational procedures, customer details, and proprietary business data.
▪ Neither party shall disclose or use confidential information for any purpose other than fulfilling obligations under this Agreement, except where required by law.
▪ This obligation of confidentiality shall survive the termination of this Agreement for a period of three (3) years unless otherwise required by law.

13. Force Majeure

Neither party shall be held liable for failure to perform obligations due to Force
Majeure events beyond their reasonable control, including but not limited to customs delays, transport network disruptions, pandemics, government restrictions, and subcontractor failures caused by Force Majeure events.

14. Miscellaneous

▪ No waiver of any terms shall be deemed a further or continuing waiver.
▪ If any provision of this Agreement is found to be invalid, the remaining provisions shall remain enforceable.

By engaging our services, you acknowledge that you have read, understood, and agreed to
these Terms and Conditions.