Terms and Conditions

Effective Date: 15 August 2025

Last Updated: 15 August 2025

YOUR USE OF THIS WEBSITE AND ITS SERVICES CONSTITUTES YOUR AGREEMENT TO BE BOUND BY THESE TERMS AND CONDITIONS.

Welcome to Trade Safe Transfers Pty Ltd (ACN 681 376 045) ("Trade Safe Transfers"). These Terms and Conditions ("Terms") govern your access to and use of our escrow-based payment platform and related services (collectively, >"Services"). By accessing or using our Services, you acknowledge that you have read, understood, and agree to be legally bound by these Terms, as well as our Privacy Policy, and any other policies referenced herein. If you do not agree to these Terms, you may not use our Services.

1. Definitions

• "Custodian" refers to NBFI Secured Investments Ltd (ACN 111 607 606) (Australian Financial Services Licence 292528) ("NBFI") engaged by Trade Safe Transfers to securely hold and manage the Funds in the Escrow Account in accordance with these Terms.
• "Escrow Account" means the trust account established with the Custodian for the purpose of securely holding Funds.
• "Escrow Agent" refers to Trade Safe Transfers Pty Ltd (ACN 681 376 045), which directs the Custodian regarding the holding and disbursement of Funds.
• "Funds" means the money paid by the Payer into the Escrow Account for a transaction.
• "Payee" refers to any individual or entity, such as a tradesperson or other service provider using the Platform to receive payment for services or goods.
• "Payer" refers to any individual or entity using the Platform to pay for services or goods.
• "Platform" refers to this website, its associated applications, and the services offered.
• "Privacy Policy" means Our separate policy on the collection, use, and disclosure of Your personal information, available at Privacy Policy.
• "Services" refers to the services set out in clause 2.3 of these Terms.
• "The Company," "We," "Us," or "Our" refers to Trade Safe Transfers Pty Ltd (ACN 681 376 045) and its related bodies corporate (as defined in the Corporations Act 2001 (Cth)).
• "You" refers to the person or company using or registering to use the website.

2. The Service

2.1 The Platform provides a secure escrow facility (the "Escrow Service"). The Escrow Service serves as a secure payment method for transactions between the Payee and Payer. The Service is designed to facilitate the secure holding of Funds paid by a Payer into the Escrow Account with the Custodian, until the Payer and Payee mutually agree that the conditions for releasing the Funds to the Payee have been met.

2.2 Our role, as the Escrow Agent, is strictly limited to directing the Custodian regarding the management and disbursement of Funds in the Escrow Account. We are not a party to any underlying transaction or agreement between the Payer and the Payee, nor do we act as the Custodian of the Funds.

2.3 Our services include:

• Secure holding of customer payments by the Custodian until job completion.
• Verified release of funds upon satisfaction of agreed specifications.
• Identity and credential verification.
• Project milestone tracking and a detailed audit log of all transaction-related actions.
• Dispute resolution support in accordance with clause 13.1 of these Terms, and only if required and limited to whether You opt in for Our support.

2.4 If our Escrow Services are not used in relation to any transaction through our website or Platform, the Payer and Payee each agree that the transaction will be based on the terms of payment agreed between them. We, our Custodian, Related Bodies Corporate, licensors or contractors are not involved in any way and are under no obligation to assist the parties in the transaction process, including without limitation, negotiation or facilitation of any payment.

3. Acceptance and Agreement

3.1 By registering for an account or using the Services, you acknowledge that you have read, understood, and agree to be legally bound by these Terms and our Privacy Policy.

3.2 We reserve the right to amend these Terms at any time. When changes are made, a notice will be placed on the website. For significant changes that materially affect your rights or obligations, we will endeavour to provide reasonable advance notice (e.g., via email or platform notification) before the changes become effective. Your continued use of the website after such a notice signifies your agreement to the amended Terms. If you do not agree, your only option is to immediately cease using the website and the Services.

4. Privacy and Data Use

By using our Services, you consent to the collection, handling, storage, and disclosure of your personal information as outlined in our Privacy Policy. We collect identification, payment, and transaction data for service delivery, regulatory compliance (including AML/CTF laws), and fraud prevention. You may access, correct, or request deletion of your data by contacting our Privacy Officer as outlined in our Privacy Policy.

5. User Accounts

5.1 To register for an account, You must:

• Be a resident of Australia.
• If a business, provide a valid ABN, ARBN, or ACN.
• If an individual, provide a valid Australian Driver’s Licence or Passport for identity verification.
• Provide a valid Australian mobile number.
• Be at least 18 years old.
• If you are a Payee (such as a Tradesperson), you must hold all required professional licenses and relevant insurance (e.g., public liability) and provide proof to Us upon request.
• Provide any other information required for Us to comply with our obligations under the Anti-Money Laundering and Counter-Terrorism Financing Act 2006 (Cth) ("AML/CTF").

5.2 If your registration is accepted, an account will be activated in your name ("Your Account") and you will become a Trade Safe Transfers member. You may only hold one account. If you are registering on behalf of a company, you warrant that you have the authority to bind that company to the Terms in this agreement.

5.3 You are responsible for keeping your password and account details secure and are liable for all activity that occurs under Your Account. Your Account is not transferable and You will remain liable for any activity on the Account under these Terms. You must report any unauthorised use to Us immediately.

5.4 Subject to clause 5.5, you will be personally responsible for Your Account, and you will be liable for any breach of the Terms.

5.5 If You are seeking to register for an Account on behalf of a company (with a valid ACN), you represent and warrant to us that You are duly authorised and have legal capacity to enter into the Terms in accordance with the Corporations Act 2001 (Cth). You represent and warrant to Us that Your acceptance of the Terms and the performance of Your obligations hereunder have been duly authorised by the company and the Terms are a valid and legal agreement binding on the company and enforceable in accordance with its terms.

5.6 Provided such actions are not deemed unfair under applicable Australian consumer laws, We reserve the right to refuse, suspend, or terminate accounts in our sole discretion, including for failure to comply with these Terms.

5.7 You warrant that all information you provide to Us, including during registration, account setup, and throughout any transactions, is accurate, complete, and truthful. You agree to promptly update any changes to your information to ensure its continued accuracy.

5.8 You may request to deactivate your Account at any time by contacting Us through the provided contact details. Upon deactivation, your access to the Services will be terminated. Any Funds held in the Escrow Account at the time of deactivation will be managed in accordance with these Terms, specific transaction terms, dispute resolution procedures, or as required by law.

5.9 If your Account remains inactive for an extended period (e.g., 12 months), We reserve the right to suspend or terminate Your Account and may take steps to return any remaining Funds to you, subject to these Terms, applicable laws, and fees. We will endeavour to notify you prior to taking such action.

6. The Escrow Process

6.1 Lodging Funds: We do not accept cash or cheques. Payers must lodge Funds via direct bank transfer into the Escrow Account held by the Custodian. A unique reference number will be provided for each transaction and must be included with your payment for reconciliation purposes.

6.2 Holding Funds: All Funds lodged will be held securely in the Escrow Account by the Custodian. Funds will be released only upon the joint direction of both the Payer and the Payee, or solely on the direction of the Payer once the conditions outlined in clause 6.3 of these Terms have been satisfied by the Payer, Payee, Escrow Agent, and Custodian.

6.3 Releasing Funds: Funds will be released by the Custodian upon the direction of the Payer, which will only be given when the following conditions are met:

• The Payee has requested the release of Funds.
• The Payer provides confirmation of satisfaction, thereby authorising the release of the Funds to the Payee.
  • Exception: Funds may be paid to a party other than the Payee only if both the Payee and Payer provide a joint direction to Us and the Custodian, for such payment, subject to Our AML/CTF requirements.
• There are no unresolved disputes concerning the Funds.

6.4 Service Fees: Processing fees apply to the use of the Service. A full schedule of applicable fees is available at Fee Schedule. You will be notified of all fees prior to initiating a transaction. GST is handled in accordance with Australian tax law. All payments processed through Trade Safe Transfers comply with relevant Australian financial regulations binding on us.

6.5 Refunds (Non-Disputed): In the event a transaction is cancelled or a Payer seeks a refund of Funds that are not subject to a dispute and have not been released from the Escrow Account, the Payer must formally request the refund through the Platform. Such refunds are subject to the mutual agreement and joint direction of the Payee and Payer, and any applicable processing fees may apply. Funds will only be returned to the original Payer's account.

6.6 Currency: All payments and transactions on the Platform are processed in Australian Dollars ("AUD").

7. Prohibited Conduct

1. You must not use Our website or Platform in any manner that is unlawful, infringes Our rights, or violates the rights of any third party. This includes disrupting or interfering with the Platform, restricting other users, or distributing malicious software. Specifically, you must not:
   1. engage in fraudulent or deceptive activity;
   2. engage in communication on the Platform that is abusive, offensive, harassing, discriminatory, or otherwise violates the rights of other users or third parties;
   3. disrupt or interfere with Our website or Platform, including any servers, software, hardware, or equipment connected to or via the Platform;
   4. engage in false or misleading advertising;
   5. engage in any unauthorised commercial use of the Platform;
   6. tamper with or attempt to bypass Platform security;
   7. engage in activity that violates the rights of third parties, including intellectual property rights;
   8. engage in activity that breaches any applicable law;
   9. upload or transmit malware, viruses, or any other harmful code; or
   10. attempt to circumvent Trade Safe Transfers’ payment or escrow system.
2. You agree to cooperate fully with Trade Safe Transfers in any investigation into suspected fraudulent, illegal, or prohibited activity on the Platform. This includes providing any requested information or documentation in a timely manner.
3. By using Our Services, you represent and warrant that:
   • you are not located in a country subject to an Australian Government embargo or designated as a “terrorist supporting” country; and
   • you are not listed on any Australian Government list of prohibited or restricted parties.

8. Intellectual Property

The content of this website, including all text, graphics, and software ("Material"), is the property of Us, our licensors, or related corporate bodies and is protected by copyright law. It may not be copied, reproduced, or transmitted without our express written permission.

9. User-Generated Content

You are responsible for any information or material you upload to the website ("Content").

You warrant that your Content is accurate and not misleading, fraudulent, indecent, illegal, false, inaccurate, deceptive, defamatory, threatening, or harassing. You further warrant that your Content does not include material relating to hacking/phreaking, viruses, anarchy, or any material that could intentionally or unintentionally cause harm or subvert the intended function of the website or Platform, or be in breach of any law or third-party right.

10. Disclaimers and Limitation of Liability

10.1. Our Role:

You acknowledge that Our role is strictly limited to providing the Escrow Service as the Escrow Agent, directing the Custodian regarding the management and disbursement of Funds. We are not a party to the underlying transaction between the Payer and Payee and do not guarantee the quality, safety, or legality of the goods or services for which payment is being made. We do not act as the Custodian of the Funds.

10.2. Disclaimer of Warranties:

• To the extent permitted by law, this website, Platform and all Material are provided on an "as is" basis.
• We do not warrant or guarantee uninterrupted or error-free access. We may temporarily suspend or restrict access to the Platform for maintenance, upgrades, or other operational reasons without prior notice. We are not liable for any loss or damage caused by such unavailability, errors or interruptions.
• All statutory and implied guarantees, warranties and condition of any kind, including but not limited to guarantees, warranties and conditions of merchantability and fitness for a particular purpose are expressly disclaimed.
• We do not warrant or make any representations about the correctness, accuracy, timeliness, completeness, reliability, quality or otherwise of the Material.
• We do not warrant the storage, backup, integrity or security of the Content.

10.3. Limitation of Liability:

To the extent permitted by law, We will not be liable for any loss or damages arising from the use of the website, Platform or the Services. Our liability under any guarantee that cannot be excluded by law is limited to, at our option, supplying the services again or paying the cost of having the services supplied again. In no event shall Trade Safe Transfers be liable for any indirect, incidental, special, consequential, or punitive damages arising from the use of our Services, Platform, website or the actions of users, even if advised of the possibility of such damages.

10.4. No Liability for Custodian's Actions:

While we engage a reputable Custodian, we are not responsible for the Custodian's actions, omissions, or any issues arising directly from the Custodian's holding or management of the Funds, except to the extent such issues arise from our direct instructions to the Custodian.

10.5. Payment Method Security (External):

You acknowledge and agree that Trade Safe Transfers is not responsible for the security of your external bank accounts or other payment methods used to fund or receive payments from the Escrow Account, beyond the security measures implemented within our Platform and by the Custodian.

10.6. Force Majeure:

Trade Safe Transfers shall not be liable for any delay or failure in performance resulting from causes beyond its reasonable control, including, but not limited to, acts of God, war, terrorism, riots, embargoes, acts of civil or military authorities, fire, floods, accidents, network infrastructure failures, or strikes.

10.7. Third-Party Links and Content:

Our Platform may contain links to third-party websites or display content from third parties. These links and content are provided for your convenience only. We do not endorse, control, or make any representations regarding the accuracy, completeness, or safety of any third-party websites or content, and we are not responsible for any loss or damage incurred as a result of your reliance on or use of such third-party resources.

11. Indemnity:

You agree to indemnify Us against any losses, liabilities, or costs, expenses, or third party claims arising from your access or use of the website, Material, Content or any breach of these Terms.

12. User Obligations

12.1. Tradies Must:

Maintain valid licenses and insurance relevant to the services they provide. Provide accurate quotes and timelines, and promptly communicate any foreseeable changes or delays to the customer via the platform. Complete work to professional standards and in accordance with all relevant Australian building codes, safety regulations, and industry standards. Document progress and completion as required by the project milestones and provide all agreed-upon invoices and receipts. Respond promptly to communications.

12.2. Customers Must:

Provide clear and accurate project requirements. Fund the escrow account before work begins or as per agreed milestones, understanding that work may not commence until funds are secured. Allow reasonable access for job completion. Inspect and verify work in a timely manner and communicate any dissatisfaction within a specified reasonable timeframe (e.g., 48 hours of completion notification) to facilitate prompt dispute resolution. Communicate any issues promptly.

13. Dispute Resolution

13.1. Disputes Between Users (where you have opted in for Our assistance):

We encourage the parties to resolve any dispute concerning their underlying transaction directly and in good faith. While we are not a party to your agreement, we provide a facilitated dispute resolution process if you have requested our assistance.

If you have opted in for our dispute resolution assistance, the following process will apply:

• Notification and Facilitated Mediation: Upon receiving a formal notice of a dispute from either the Client or the Tradesperson, We will contact both parties to arrange an internal mediation meeting within ten (10) business days in Melbourne, Victoria. This meeting, conducted by video conference or in person, is intended to facilitate a discussion between the parties to help them reach a mutually agreeable resolution on the release of the Funds.
• Next Steps if Mediation Fails: If a mutual agreement cannot be reached during the facilitated mediation, We will take no further role in assessing the substance of the dispute. The parties will be advised to seek a binding resolution independently through a relevant court or tribunal (such as the Victorian Civil and Administrative Tribunal - VCAT to the extent permitted).
• Management of Escrowed Funds During External Dispute: The Custodian will continue to securely hold the Funds in the Escrow Account while the parties pursue an independent resolution. In the event that legal proceedings are formally commenced, We reserve the right to direct the Custodian to deposit the disputed Funds, less any applicable fees, into the relevant court or tribunal. This action will discharge Us and the Custodian of any further liability or obligation in relation to the Funds, and the parties must thereafter resolve the matter of the deposited funds directly with the court.

13.2. Disputes Over Escrowed Funds (where you have opted out of our dispute resolution assistance):

If you have opted out of our facilitated dispute resolution assistance, we will not mediate or assess the substance of any dispute between users. However, in any dispute concerning Funds held in the Escrow Account, the Custodian will continue to hold the Funds securely. In such cases, the parties will need to pursue independent resolution through a relevant court or tribunal. We reserve the right to direct the Custodian to deposit the disputed Funds, less any applicable fees, into the relevant court or tribunal, thereby discharging Us and the Custodian of further liability or obligation in relation to the Funds.

13.3. Disputes with Us:

Any dispute between you and Us arising from these Terms should be attempted to be resolved by contacting us directly at [insert details]. If this is unsuccessful, we each have the right to pursue our legal rights in the exclusive jurisdiction of Victoria.

14. Termination

We may suspend or terminate access without notice for:

• breaching these Terms;
• engaging in any fraudulent or illegal activity;
• extended account inactivity;
• for legal or regulatory requirements;
• security concerns; or
• any activity that, in Our sole discretion, poses a risk to the security, integrity, or reputation of the platform or its users, provided such discretion is exercised reasonably and in good faith. In the event of termination, funds held in escrow by the Custodian will be managed in accordance with the specific job terms and dispute resolution procedures, or as required by law.

15. Assignment

We may at any time, assign, subcontract, delegate or transfer in any manner whatsoever its rights or obligations arising out of or in connection with this document, in whole or in party, on more than one occasion to any of its related bodies corporates or permitted assignees without Your consent.

16. Entire Agreement

These Terms and our Privacy Policy constitute the entire agreement between you and Trade Safe Transfers concerning your use of the Services and supersede all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral, regarding the Services.

17. Governing Law

These Terms are governed by the laws of Victoria, Australia. Disputes will be subject to the exclusive jurisdiction of the courts of Victoria. If any provision of these Terms is found to be invalid or unenforceable by a court of law, such invalidity or unenforceability will not affect the remainder of the Terms, which will continue in full force and effect. All rights not expressly granted are reserved.

18. Notices

• Any notices or other communications required or permitted by these Terms must be in writing. Notices to you may be delivered to the email address associated with your Account or via a notification on the Platform.
• Notices to Us should be sent to [insert official email for notices, e.g., legal@tradesafetransfers.com.au or the development email if that's preferred for formal comms]. Notices will be deemed effective upon delivery

Contact Us

For questions about these terms, contact us at:

📧 Email: development@tradesafetransfers.com.au

📞 Phone: 0477 667 700

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