Terms and Conditions

Terms and Conditions

Version: 4.0

Effective date: [30 July 2026]

Last updated: [30 July 2026]

DISCLAIMER: Orbitstork Pty Ltd operates as a marketplace platform connecting Buyers and Travellers. Orbitstork Pty Ltd is not the seller of record and is not a party to Transactions between users. The Traveller, as the seller of record, bears responsibility for the goods supplied, including compliance with applicable laws and standards. Orbitstork Pty Ltd provides only the limited handover dispute-management and Platform payment-decision process described in these Terms and Conditions. That process does not make Orbitstork Pty Ltd the seller, supplier, agent, mediator, arbitrator or court, does not finally determine the parties’ legal rights, and does not limit any rights or remedies that cannot lawfully be excluded, including under the Australian Consumer Law.

1 Overview

1.1 Orbitstork Pty Ltd ACN 690 671 455 (we, us, our) operates the mobile platform commonly referred to as ‘Orbitstork’ with the domain name https://orbitstork.com/ (Platform). The Platform is licensed, developed and / or owned exclusively by us. These Terms and Conditions (Terms and Conditions) record an agreement between you (you, your), as the user and us regarding your use of the Platform.

1.2 We and our third-party licensors reserve the right to update, modify, replace, limit, and expand the Platform and its functionality.

1.3 Prior to using the Platform, you should read these Terms and Conditions carefully.

2 Acceptance of Terms and Conditions

2.1 By using the Platform, you are accepting these Terms and Conditions and agree to be bound by them.

2.2 These Terms and Conditions apply continuously and anew each time you use the Platform. We reserve the right to make changes to these Terms and Conditions from time to time without notice. You should check the Terms and Conditions upon each use of the Platform.

2.3 Operational rules, fee tables, payout timing, delivery windows, and the prohibited items & content policy published on the Platform (the Supplemental Policy) form part of these Terms and Conditions to the extent expressly stated on the Platform. We may update any Supplemental Policy from time to time by publishing an updated version on the Platform.

3 Use

3.1 To use the Platform, you may be required to supply the following information:

    (a) Your name;

    (b) Your email address;

    (c) An address for delivery and verification purposes;

    (d) Credit card or bank account details for payment purposes;

    (e) Your mobile phone number;

    (f) Identity verification information reasonably requested by us or our payment/Know-Your-Customer (KYC)/Anti-Money-Laundering (AML) providers; and

    (g) Any other information required to use the Platform.

(User Data).

3.2 We may request additional identity, travel or payment verification (including KYC/AML checks) and may suspend access or withhold payouts until verification is completed. Failure to supply correct User Data may result in you being unable to use the Platform as intended.

3.3 We may use the User Data for the purpose of providing the functionality of the Platform and any related purpose. In order to do so, we may share the User Data with other parties, including stakeholders and contractors.

3.4 Our use of any personal information provided within the User Data will be in accordance with our Privacy Policy available at https://orbitstork.com/privacy.

3.5 You must be at least 18 years old to create an account or use the Platform.

3.6 You must use the Platform for its intended purpose.

3.7 You must not use the Platform for any unconscionable behaviour or activity (Prohibited Conduct) including but not limited to:

    (a) using the Platform when you’re under 18 years old;

    (b) engaging in abusive, derogatory, discriminatory, or vexatious behaviour;

    (c) engaging in any activity that disrupts or corrupts the Platform or the networks that host the Platform; or

    (d) attempt to modify, adapt, hack, reverse-engineer, disable, circumvent, or otherwise gain access to any security, database, or other secure aspect of the Platform;

    (e) modify, adapt or hack the Platform or modify another website or software to falsely imply that it is associated with the Platform or us;

    (f) use the Platform for any illegal or unauthorised purpose, including the transmission of malware;

    (g) use the Platform to violate any laws in any jurisdiction, including but not limited to infringing copyright laws of any other person;

    (h) solicit, offer, or accept payment for any transaction outside the Platform or otherwise seek to circumvent the Platform’s payment processes; or

    (i) attempt to complete, or invite another user to complete, a Transaction (as defined in clause 5) or payment outside the Platform (we may cancel the Transaction, withhold or reverse payouts, and suspend the relevant accounts).

3.8 You may link to the Platform only:

    (a) With our prior express permission;

    (b) In a way that is fair, unbiased, legal and does not damage or exploit our reputation; and

    (c) Without suggesting any association or endorsement by us.

3.9 You must remove or procure the removal of any link to the Platform immediately upon receiving notice from us to do so. We may give such notice at our absolute discretion without justification.

3.10 Users may leave ratings and reviews. Reviews must be fair and accurate, and must not be defamatory, discriminatory, harassing or misleading. We may moderate, remove, or restrict reviews and may suspend or terminate accounts for repeated breaches of these standards.

3.11 Users may flag content, orders or conduct that appears illegal or breaches these Terms and Conditions. We may consider flags, ratings and transaction history when deciding whether to warn, restrict, suspend or terminate accounts.

3.12 We use a combination of automated tools and human review to detect potentially illegal or offensive content (including images and text). Automated tools are not perfect and may not identify all such content. We may remove content, cancel transactions, or suspend accounts at our discretion where we reasonably consider there is a breach of these Terms and Conditions or any Supplemental Policy.

4 Advertisements

4.1 We may display advertisements by third party sponsors on the Platform (Ads). In doing so, we do not warrant the functionality of the business, product, or service being advertised in the Ad. We do not hold ourselves out as partners, affiliates, guarantors, or as having any other type of legal or professional relationship with the third party sponsors.

4.2 Where Ads link to third party websites, we do not warrant the safety, functionality, or suitability of these websites. We are in no way liable for any loss, damage, risk or liability incurred from you visiting any third party websites accessible through Ads.

4.3 Advertised third party websites may be subject to their own terms and conditions. We do not verify or warrant the legality or suitability of those terms and conditions, and we encourage you to read them before accessing or using the linked site.

5 Marketplace only

5.1 The Platform provides a marketplace through which users can buy goods or services through the Platform from other users (Transaction).

5.2 Our involvement in a Transaction is limited to that of a marketplace facilitator. We are not and do not purport to be a contractual party to the Transaction and are not responsible for either party’s performance. We provide only the limited handover dispute-management and Platform payment-decision process described in clause 18.

5.3 Our involvement in the Transaction is limited to the following capacity:

    (a) Facilitating the Transaction by allowing the purchasing user to buy goods or services from the selling users; and

    (b) Collecting payment from the purchasing user and remitting it to the selling user, subject to any cancellation, refund, release, hold, reversal or other payment action permitted by these Terms and Conditions, the limited handover dispute-management process, applicable law, card-scheme requirements or processor requirements.

5.4 The following ordering flow applies:

    (a) A purchasing user (Buyer) may create an order by specifying the requested item, any preferred retailer, timing window and other parameters.

    (b) Other users (Travellers) may submit quotes stating their proposed total price (which includes the item cost and the Traveller’s fee) and any conditions (for example, handover location).

    (c) The Buyer may select a quote at its discretion.

    (d) Upon the Buyer accepting a quote, a Transaction is formed between the Buyer and the Traveller, subject to these Terms and Conditions and any terms displayed on the Platform at the time of selection.

    (e) Upon a Traveller uploading a mandatory proof of purchase , we may share limited contact details between the Buyer and the Traveller to facilitate handover.

    (f) The Buyer and the Traveller will be responsible for the handover process.

    (g) You must exercise reasonable care when arranging any off-platform meeting and comply with any safety guidance we publish in our Supplemental Policy published on the Platform, including meeting in a public place and not carrying cash. We do not supervise handovers and are not responsible for any conduct of users during handover.

5.5 Orders may auto-expire if no quote is selected within the timeframe stated on the Platform. We may apply reasonable limits to order creation and quoting frequency as set out in the Supplemental Policy published on our Platform.

5.6 In consideration of the Service, we deduct a commission as a percentage of the value of the Transaction. Please see clause 6 for further details.

5.7 For clarity:

    (a) For each Transaction, the Traveller is the seller of record and is solely responsible to the Buyer for the goods (including compliance with all non-excludable guarantees under the Australian Consumer Law), product safety and recall obligations, customer service, and returns and refunds.

    (b) Travellers are independent users who may agree with purchasing users to acquire goods from third-party retailers overseas and hand over those goods to purchasing users.

    (c) The Traveller is responsible for all taxes, duties and charges arising from the sale and import of the goods and indemnifies us for any loss, cost, liability or claim arising from their non-compliance with law (including customs, tax, product safety and consumer law).

    (d) We are not the seller or courier of any goods, do not take possession of goods, and are not a bailee or agent of any user. We are not the importer of record for any goods. Depending on the circumstances of a Transaction, the Buyer or Traveller may be treated as the importer under applicable law.

    (e) We do not guarantee that any item is lawful to purchase, carry, import or deliver.

    (f) A Buyer’s contract for the goods is with the relevant third-party retailer (via the Traveller), and any arrangement to collect and hand over the goods is between the Buyer and Traveller. For clarity, the Traveller, not us, supplies the goods to the Buyer.

    (g) Except for the limited handover dispute-management and Platform payment-decision process described in clause 18, any dispute concerning the goods, including any return, replacement, compensation or other remedy, remains between the Buyer and the Traveller.

6 Fees and Payment

6.1 The fee to buy a good or service on the Platform is payable by the Buyer pursuant to this clause 6 (Transaction Fee). You must complete any forms required by us through the Platform to enable us to process payment of the Transaction Fee.

6.2 The Transaction Fee is the total price of the selected quote as shown on the Platform at the time the Buyer selects the Traveller’s quote.

6.3 The Buyer authorises us or any third-party service provider to debit their account at the relevant financial institution connected with the payment details identified and provided in their User Data for payment of all Transaction Fees arising upon a Buyer’s acceptance of the Traveller’s quote. Accepted payment methods are set out in the fees table on the Platform and may change from time to time.

6.4 We are entitled to receive a commission deductible from the Transaction Fee (Commission). The Commission will be deducted prior to remitting payment to the Traveller. The Commission will be calculated in accordance with the fee table available on our Platform.

6.5 We use Stripe as our third-party payment service provider. Payments are processed subject to Stripe’s terms. We do not collect or store card details.

6.6 We may update the Commission at any time and will provide you with 10 days’ notice prior to implementing new Commission arrangements.

6.7 Upon the Buyer’s confirmation of handover on the Platform (including any delivery PIN and mandatory upload of proof of purchase), funds will be released by the payment service provider to the Traveller in accordance with the payout timing stated on the Platform. If handover is not confirmed, the payment authorisation may be cancelled and funds made available to the Buyer following cancellation, expiry or an outcome under the handover dispute-management process. A payment action may take time to become final and remains subject to the payment service provider’s processing, status and authorisation rules.

6.8 We may place or maintain a temporary hold on payment while a handover dispute is active or where required by law, card-scheme or processor rules, or our fraud and chargeback controls. A hold preserves the available Platform payment options and is not, by itself, a decision about the parties’ broader legal rights.

6.9 If the Transaction and handover are completed, the Traveller is entitled to receive the Traveller’s fee, which is the Transaction Fee less:

    (a) Our Commission;

    (b) Any applicable transaction fee as deducted by our third-party payment processor;

    (c) Any other applicable third-party fees as notified to the Traveller from time to time; and

    (d) Any other amount which is owed to us by the Traveller.

(Traveller’s Fee).

6.10 The Traveller’s Fee will be remitted to the Traveller in accordance with the payout timing published in the fees table available on our Platform.

6.11 If a Transaction is subject to a chargeback, reversal or retrieval request, we may withhold, set off or recover from the Traveller any amounts paid out, and may deduct related fees in accordance with the fee table page on our Platform.

6.12 If your account reflects a negative balance (including due to chargebacks, reversals or refunds), you authorise us to set off, withhold or debit the amount from current or future payouts and/or invoice you for immediate payment.

6.13 We may suspend or terminate accounts, and withhold or delay payouts, where we reasonably consider there is an elevated chargeback, counterfeit or fraud risk.

6.14 It is the Buyer’s responsibility to ensure that there are sufficient cleared funds or financial capacity in the nominated account to honour payment of the Transaction Fee when it falls due.

6.15 We will not be held responsible for any fees and/or charges imposed by a financial institution or any other third party that may be incurred if there are insufficient funds in the Buyer’s account or if the payment fails.

6.16 You are responsible for providing complete and accurate billing and contact information to us, and we will not be held responsible for any loss or damage caused by the provision of incomplete billing information.

6.17 We may exercise set-off, withholding and recovery rights described in this clause 6 in respect of any amounts payable by you under clause 10.9.

7 Third-party payment service

7.1 We use a third-party payment service provider to process payments on the Platform. Payments submitted through the third-party payment service provider are subject to their terms and conditions, and you agree to comply with them.

7.2 We are not liable for any issues, including charges from your financial institution, which may arise as a result of this service.

8 Handover

8.1 For each Transaction, the Traveller proposes a handover date and the Buyer confirms it when accepting the Traveller’s quote. Both parties must take reasonable steps to complete the handover on the agreed date and at a mutually agreed location. You must ensure an authorised person is available to meet and receive the goods. If handover does not occur on the agreed date due to a party’s no-show or delay, that party may be responsible for the resulting consequences under these Terms and Conditions (including ratings impact) and any applicable fees set out on the Platform. For clarity, unless expressly agreed in the quote or via the Platform, Travellers are not required to ship items; handover is ordinarily in person at a mutually agreed location.

8.2 Where required by the Platform, handover is confirmed by the Buyer entering a one-time delivery PIN and the Traveller uploading mandatory proof of purchase (for example, a receipt). If the delivery PIN does not match, mandatory proof is not provided, or a handover issue is reported, the Platform may withhold completion and payment while the parties cancel the Transaction, complete the handover, or use the limited handover dispute-management process in clause 18.

8.3 Risk of loss in the item remains with the Traveller until handover is confirmed on the Platform. We do not provide insurance for items carried by Travellers.

8.4 At handover, the Buyer may inspect the item before confirming delivery on the Platform. The Buyer may reject the item on the spot where it is:

    (a) not as described or materially mismatched to the order/specification;

    (b) damaged, tampered or incomplete; or

    (c) reasonably suspected to be counterfeit or unlawful.

8.5 If the Buyer rejects the item at handover for a reason listed in this clause, either party may use any cancellation option available on the Platform or an eligible party may report a handover issue through the process in clause 18. The Platform may collect and review information and evidence and apply the Platform payment outcome permitted under that process. Any return of the goods and any rights or remedies beyond that Platform payment outcome remain matters between the Buyer and Traveller, subject to applicable law.

9 Refunds

9.1 Pre-handover review: Where proof of purchase is uploaded, the Buyer and Traveller contact details will be shared with one another. The Buyer may request changes directly from the Traveller via messaging outside the Platform. If the parties agree to cancel before handover, the Transaction Fee will be returned to the Buyer, less any non-refundable payment processing charges as disclosed.

9.2 Handover inspection and rejection: The Buyer may inspect the item at handover. If the Buyer rejects the item, the parties may resolve the matter between themselves, use any available cancellation tool, or use the limited handover dispute-management process in clause 18. We do not provide physical returns processing, replacement goods or customer service for goods. A refund or payment release under clause 18 concerns the Platform payment only and does not finally determine any other legal claim between the parties. Our Commission and payment-processing charges will be treated in accordance with these Terms and Conditions, the fee information displayed on the Platform and applicable law.

9.3 Acceptance and finality: Once handover is confirmed on the Platform (including entry of any delivery PIN), the Transaction is complete and amounts are released. Subject to non-excludable rights under Australian Consumer Law, no refunds are available for change of mind or dissatisfaction after acceptance.

9.4 Illegality and confiscation: Where items are seized or refused, outcomes and any refunds are a matter between the Buyer and Traveller. We will comply with lawful directions of authorities and any applicable processor rules, but will not determine liability between users.

9.5 Our role: For Transactions, our role is limited to operating the Platform, administering the limited handover dispute-management process in clause 18, and applying payment holds, refunds, releases, cancellations or reversals permitted by these Terms and Conditions, any Supplemental Policy, applicable law and payment-provider requirements. Nothing in this clause prevents either party from resolving a matter directly or seeking an external remedy.

9.6 Fees, refunds and evidence: Except as required by law or otherwise determined under these Terms and Conditions, our Commission and other Platform fees are generally non-refundable. Nothing in these Terms and Conditions limits any non-excludable rights under the Australian Consumer Law. For the limited purpose of clause 18, we may collect, store, moderate, disclose to the other party where appropriate, and review explanations, images, receipts, transaction records and other evidence submitted through the Platform. Users should retain their own records for any direct or external claim.

10 Compliance and Prohibited Items

10.1 General: You must comply with all applicable customs, import, biosecurity, airline and safety laws (including any declaration, permit, labelling, packaging and product safety requirements).

10.2 Duty-free items: Travellers must not purchase or carry duty-free items for delivery via the Platform.

10.3 Prohibited list: You must comply with the prohibited items & content policy published on the Platform (updated from time to time) including country-specific restrictions, airline and airport rules, and biosecurity controls. For the avoidance of doubt, the Traveller is ultimately responsible for the import of any requested items.

10.4 Allocation of responsibilities: The Buyer is responsible for confirming that the requested item is lawful to request and import at the destination (including permits, duties and taxes) and for providing any information or documents reasonably required for import or clearance. The Traveller must exercise reasonable care and decline to carry items that are clearly prohibited or that the Prohibited Items & Content Policy identifies as not permitted and must make any required declarations truthfully. We do not guarantee that any item will clear customs or biosecurity.

10.5 Enforcement: We may cancel a Transaction, withhold or reverse a payout, or suspend an account if we reasonably believe a Transaction breaches this clause 10 or any Supplemental Policy. Any such action is an administrative platform enforcement and is not a decision on any dispute between users.

10.6 Counterfeits: Requests for, or carriage of, counterfeit or grey-market goods is prohibited. We may cancel a Transaction and withhold payout if we reasonably suspect counterfeiting. We may require the Traveller to provide proof of authenticity (for example, a store receipt evidencing model or serial number) and may cancel a Transaction and withhold or reverse payout where reasonable proof is not provided.

10.7 Importer of Record: Unless stated otherwise on the Platform for a specific Transaction, the Buyer is responsible for any duties, taxes, tariffs and import charges, and the Traveller must not misdeclare the nature or value of goods.

10.8 Seizures and inspections: As a Traveller, you must promptly notify the Buyer if goods are detained, inspected or seized, and cooperate with reasonable requests or directions of any authorities. We may disclose relevant User Data and Transaction information to authorities where legally required or reasonably requested. Any cooperation with authorities is independent of, and not a substitute for, dispute resolution between users.

10.9 Recoveries: If we incur any duty, tax, penalty, storage, carrier or other charge arising from your act or omission (including misdeclaration or carriage of prohibited items), you must reimburse us on demand and we may set off or withhold amounts under clause 6.

10.10 Sanctions and export controls: You must not use the Platform in a way that would breach applicable sanctions, export control or trade restrictions. We may cancel a Transaction and withhold or reverse payouts where we reasonably consider that such a breach may occur.

11 Intellectual Property

11.1 Your use of the Platform is pursuant to a non-exclusive license between you and us which is granted subject to these Terms and Conditions. Nothing in these Terms and Conditions or otherwise creates an assignment of any rights in the Platform or any related materials beyond the ability to use it for its intended use.

11.2 Nothing in these Terms and Conditions or otherwise creates the right for you to sublicense the Platform.

11.3 You undertake not to reverse engineer, replicate, or otherwise copy the Platform. We reserve all our rights to seek compensation, damages, injunctions, or any other remedy available to us at law if any attempt to do so, whether successful or unsuccessful, is made by you or any of your affiliates.

11.4 You must not reproduce, duplicate, copy, sell, resell or exploit any portion of the Platform or any products ordered through the Platform, use of the Platform, or access to the Platform without our prior express written permission. We claim copyright and all other intellectual property rights over the Platform, its other products and services and reserve all of our rights.

11.5 All intellectual property and ownership rights subsisting in the Platform (including the user interface and the software comprising the Platform), the data derived from use of the Platform, and any other documentation, information or materials that are supplied by us to you, remain our or our third party licensors’ exclusive property. For the avoidance of doubt, nothing in this agreement assigns any ownership rights to you.

12 Operation of the Platform

12.1 You warrant that you will comply fully with all the Platform operating instructions. Any failure to comply fully with operating instructions may result in the sub-par or faulty performance of the Platform.

12.2 You are responsible for keeping your own device secure when accessing the Platform and must log out of the Platform when you have finished using the Platform, especially if you share your phone or tablet with other users.

12.3 You are solely responsible for maintaining the secrecy of your username, password and any other account credentials, and for all activity under your account.

12.4 We transmit information over the internet using HTTPS; however, you acknowledge that no method of transmission or storage is completely secure and you should take appropriate precautions.

12.5 We accept no liability, and you release us from any such liability, associated with faults or errors caused by your non-compliance with all operating instructions.

12.6 We may suspend the Platform for any one or more periods of time if we are unable to provide the Platform due to a fault or dysfunction with our servers.

13 Modifications to the Platform

13.1 We reserve the right to modify or discontinue, temporarily or permanently the Platform and its other products and services with or without notice.

14 Warranties

14.1 You acknowledge and agree that, to the extent permitted by law and subject to clause 14.5, our responsibility is limited to provision of the Platform and related services described in these Terms and Conditions. Nothing in these Terms limits any non-excludable rights you may have against us in relation to our supply of the Platform as a service. We give no warranties and assume no obligations in relation to the goods, which are supplied by Travellers.

14.2 Subject to any of the rights you may have under Australian Consumer Protection Law, we exclude to the fullest extent possible all implied terms and warranties, whether statutory or otherwise, relating to the Platform or any other matter under these Terms and Conditions.

14.3 The Platform is made available to you on an “as is” basis. We make no warranties, representations or conditions of any kind, express, statutory or implied as to:

    (a) The operation and functionality of the platform;

    (b) the accuracy, integrity, completeness, quality, legality, usefulness, safety and IP rights of any of the software content; and/or

    (c) the products and services associated with the Platform or its content.

14.4 We further disclaim all warranties, express, statutory or implied, including, but not limited to, implied warranties of merchantability, merchantable quality, durability, fitness for a particular purpose and/or non-infringement. No advice or information, whether oral or written, that you obtain from us shall create any warranty, representation or condition not expressly stated herein.

14.5 To the extent the Australian Consumer Law applies, non-excludable guarantees for our supply of the Platform (services) remain and nothing in these Terms and Conditions excludes them.

14.6 Traveller warranties: Each Traveller represents and warrants to the Buyer and to us that the goods supplied will:

    (a) match the description and specifications agreed in the Transaction;

    (b) be free from known tampering or damage at handover;

    (c) not be counterfeit; and

    (d) be lawfully purchased and carried with any required declarations made truthfully.

14.7 Buyer warranties: Each Buyer represents and warrants that the requested item is lawful to request, receive and possess at the destination, and that the Buyer will obtain any necessary permits or approvals.

15 Limitation of liability

15.1 We disclaim all liability for any:

    (a) indirect, special, incidental, punitive, exemplary, reliance or consequential damages;

    (b) loss of profits;

    (c) business interruption;

    (d) network interruptions;

    (e) loss or damage to reputation of us or any third party;

    (f) loss of information or data;

    (g) all liability for any loss or damage,

relating to or arising out of your use of the Platform as a marketplace service. We are not responsible for goods supplied by Travellers or obligations owed by a Buyer or Traveller under a Transaction. Our administration of the limited process in clause 18 does not make us responsible for the goods, guarantee that submitted information is accurate or complete, or amount to a final determination of the parties’ legal rights. Nothing in this clause excludes liability or rights that cannot lawfully be excluded.

15.2 Your use of the Platform is at your own discretion and risk, and you will be solely responsible for any resulting loss or damage, including but not limited to, any loss of data or damage to your computer(s) or networks from viruses that may be downloaded to your computer in the course of using the software. Some jurisdictions do not allow the exclusion of certain warranties, the limitation or exclusion of implied warranties, or limitations on how long an implied warranty may last, so the above limitations may not apply to you. If you reside in such a jurisdiction, the above limitations shall apply to you to the fullest extent permitted under applicable law.

15.3 To the extent permitted by law, our maximum aggregate liability to you for any claims, damages, injuries or causes whatsoever, and regardless of the form of action (whether such liability arises due to negligence, breach of contract, misrepresentation or for any other reason), will at all times be limited to the greater of (i) the amount paid, if any, by you to us in connection with the Platform in the 2 months prior to the action giving rise to liability or (ii) $1.00, in each case in respect of our provision of the Platform and related services only and not in respect of the goods the subject of any Transaction.

15.4 To the extent the Australian Consumer Law applies, non-excludable guarantees for our supply of the Platform (services) remain, and nothing in these Terms and Conditions excludes them.

16 Indemnity

16.1 You defend, indemnify and hold harmless us, our members, managers, subsidiaries, affiliates, any related companies, contractors, licensors and partners, and the officers, directors, employees, agents and representatives of each of them, including costs, liabilities and legal fees, from any claim or demand made by any third party due to or arising out of:

    (a) Your access to or use of the Platform;

    (b) Your violation of this agreement;

    (c) Any infringement by you of any intellectual property or other right of any person or entity;

    (d) Any goods you request, carry or supply (including product safety, defects, recalls, counterfeit or grey-market goods, descriptions and labelling);

    (e) Any customs, import, biosecurity, sanctions, export control or tax matter (including duties, penalties, storage or carrier charges) connected with a Transaction;

    (f) Any claim by a Buyer or Traveller (as applicable) arising from your act or omission in connection with a Transaction. We are not responsible for defending, managing or resolving any such claim between users.

16.2 We reserve the right, at your expense, to assume the exclusive defence and control of any matter for which you are required to indemnify us, and you will cooperate with our defence of these claims. You will not settle any matter without our prior written consent. We will use reasonable efforts to notify you of any such claim, action or proceeding upon becoming aware of it.

17 Transfer of rights and obligations

17.1 These Terms and Conditions are binding on you and us and on our respective successors and assignees.

17.2 You may not transfer, assign, charge or otherwise dispose of your rights or liabilities under these Terms and Conditions, or any of your rights or obligations arising under it, without our prior written consent.

17.3 We may transfer, assign, charge, sub-contract or otherwise dispose of any of our rights or obligations arising under these Terms and Conditions, at any time without your prior consent.

18 Limited handover dispute management

18.1 We provide a limited process for eligible handover disputes so that the Platform can determine what should happen to the payment it controls. While an order is awaiting handover, an eligible Buyer or Traveller may report a handover issue using the reasons and tools made available on the Platform. The reporting party must provide the requested explanation and may provide supporting evidence. The other party may accept or dispute the claim and may provide an explanation and evidence. Information and evidence may be moderated, shared with the other party where appropriate, and reviewed for this limited purpose.

18.2 The responding party must act by the deadline displayed on the Platform. Depending on the claim type, the response or absence of a response, the available evidence, the payment authorisation status and the Platform rules, we may automatically cancel the Buyer’s payment authorisation, release payment to the Traveller, or refer the dispute to an authorised administrator. An administrator may review the available Transaction information and evidence and decide whether the Platform payment should be returned to the Buyer or released to the Traveller. The reporting party may withdraw an unresolved dispute only where the Platform permits withdrawal and before the displayed payment-decision cutoff, in which case the handover may resume. Payment outcomes remain subject to payment-provider processing and may be affected by authorisation expiry or other circumstances outside our control.

18.3 A decision under this clause is limited to the status of the Transaction and the Platform payment. It is not mediation, arbitration, a court judgment, a determination under a statutory dispute-resolution scheme, or a final determination of the parties’ broader rights and liabilities. If either party is dissatisfied, the parties may resolve the matter directly between themselves or pursue any available remedy through a payment provider, consumer authority, regulator, tribunal, court or other lawful external process. Nothing in these Terms limits any right or remedy that cannot lawfully be excluded.

19 Force Majeure Events

19.1 We will not be liable or responsible for any failure to perform or delay in performance of any of our obligations under these Terms and Conditions that is caused by events outside our control (Force Majeure Event).

19.2 A Force Majeure Event includes any act, event, non-occurrence, omission or accident beyond our reasonable control and includes in particular (without limitation) the following:

    (a) Strikes, lock-outs or other industrial action;

    (b) Civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war;

    (c) Fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster;

    (d) Impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport;

    (e) Impossibility of the use of public or private telecommunications networks;

    (f) Epidemic, pandemic or other health emergency (whether declared or not), including without limitation lockdowns or any other restrictions imposed as a result of the COVID-19 pandemic or any other pandemic or epidemic at any time; and

    (g) The acts, decrees, legislation, regulations or restrictions of any government.

19.3 Our performance under these Terms and Conditions is deemed to be suspended for the period that the Force Majeure Event continues, and we will have an extension of time for performance for the duration of that period. We will use our reasonable endeavours to bring the Force Majeure Event to a close or to find a solution by which our obligations under these Terms and Conditions may be performed despite the Force Majeure Event.

20 General

20.1 To the extent permitted by law, we reserve the right to create, collect and / or store any metadata resulting from your use of the Platform. To the extent permitted by law, we may use metadata for a variety of functions including (but not limited to) conducting investigations, helping us manage and administer the Platform, for purposes of search engine optimisation and to drive traffic to the Platform. To the extent permitted by law, we reserve the right to share your information (including metadata) with government agencies and authorities to the extent this is required or requested of us.

20.2 We may use third party vendors and hosting partners to provide the necessary hardware, software, networking, storage, payment gateway and related technology required to run the Platform.

20.3 We may cooperate with law enforcement and regulatory agencies, including by freezing accounts or holding funds and disclosing information where legally required or reasonably requested in connection with suspected unlawful activity.

20.4 Verbal, physical, written or other abuse (including threats of abuse or retribution) of any of our employees, members, representatives, or officers will result in immediate termination of your access to the Platform.

20.5 We do not warrant that:

    (a) The Platform will meet your specific requirements;

    (b) The Platform will be uninterrupted, timely, secure, or error-free;

    (c) Any errors in the Platform will be corrected.

20.6 We provide only the limited handover dispute-management and Platform payment-decision process described in clause 18. We do not provide general complaints handling, mediation, arbitration, physical returns processing or legal dispute resolution between users. Matters outside that limited process must be resolved directly between the Buyer and Traveller or through an appropriate external authority or process.

20.7 Our failure to exercise or enforce any right or provision of these Terms and Conditions shall not constitute a waiver of such right or provision. The Terms and Conditions constitute the entire agreement between you and us and govern your use of the Platform, superseding any prior agreements between you and us.

20.8 Any part of these Terms and Conditions that is invalid, prohibited or not enforceable will not void the balance of the Terms and Conditions. All other parts will be enforced without regard to the invalid provision and continue to be valid in accordance with their terms.

20.9 We make no representations or warranties that the content of the Platform complies with the laws (including intellectual property laws) of any country outside of Australia.

20.10 Any queries about the Terms and Conditions should be sent to us by email at contact@orbitstork.com.

20.11 These Terms and Conditions are governed by the laws of Queensland, Australia. Disputes arising from your use of the Platform are exclusively subject to the jurisdiction of the courts of Queensland, Australia.