Terms and Conditions

Please read these terms carefully before using our services. By using TradeSafe Transfers, you agree to be bound by these terms.

Trade Safe Transfers – Terms of Service

Effective Date: 27 January 2026

YOUR USE OF TRADE SAFE TRANSFERS AND ITS SERVICES CONSTITUTES YOUR AGREEMENT TO BE BOUND BY THESE TERMS AND CONDITIONS.

These Terms of Service govern your access to and use of the Company's escrow-based payment platform "Trade Safe Transfers" and related 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 or cannot adhere to these Terms, you must not use our Services.

1. Definitions

  • "ADI Custodian" refers to a custodian service operated by, or partnered with, an Authorised Deposit‑Taking Institution (ADI).
  • "Chargeback" means a reversal of a payment initiated by a Payer's bank or card network, due to disputed, unauthorised or fraudulent transactions.
  • "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)).
  • "Escrow Agent" means to Trade Safe Transfers Pty Ltd (ACN 681 376 045) or its nominee who directs the Financial Service Provider regarding the holding and disbursement of Funds within the Payment Facility.
  • "Financial Services Provider" refers to the issuer of the Payment Facility.
  • "Funds" means the money paid by the Payer into the Payment Facility 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.
  • "Payment Facility" means the non-cash payment and stored-value facility issued and/or operated by the Financial Services Provider, where Funds are held by the ADI Custodian on behalf of the Financial Services Provider.
  • "PDS/FSG" means the combined Product Disclosure Statement and Financial Services Guide issued by the Financial Services Provider, which governs the use of the Payment Facility.
  • "Platform" refers to the Trade Safe Transfers online escrow service, accessible via the website - tradesafetransfers.com.au, 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 Trade Safe Transfers Privacy Policy.
  • "Services" refers to the provision of the Platform and ancillary services as set out in clause 2 of these Terms.
  • "Terms" refers to these Terms of Service.
  • "You" refers to the person or company using or registering to use the website.
  • "End User Agreement" means the terms and conditions provided by the Financial Services Provider that govern your use of their financial services, which you agree to by using our Platform.

2. The Service

2.1 The Platform Enables you to access the Services as a secure payment method for managing payments for transactions between the Payee and Payer.

2.2 The Services are facilitating the secure holding of Funds paid by the Payer into the Payment Facility, until the Payer and Payee mutually agree that the conditions for releasing the Funds to the Payee have been met.

2.3 Our role as the Escrow Agent is strictly limited to directing the Financial Services Provider regarding the management and disbursement of Funds in the Payment Facility. We are not a party to any underlying transaction or agreement between the Payer and the Payee, nor do we act as the ADI Custodian or issuer of the Payment Facility.

2.4 Our Services include:

  • Facilitation of payments into a secure Payment Facility operated by our Financial Services Provider 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 14 of these terms, and only if required and limited to whether You opt in for Our support.

3. Financial Services Disclosure

3.1 You acknowledge and agree that the Company does not provide any financial services or products. The non-cash payment and stored-value services are provided exclusively by the Financial Services Provider.

3.2 Your use of the Payment Facility is all times subject to PDS/FSG, the End User Agreement and the Privacy Policy.

3.3 All Funds are held by the ADI Custodian. Trade Safe Transfers does not hold, handle, or have legal control over your Funds at any time.

3.4 Trade Safe Transfers acts only as a technology platform and escrow facilitator that provides instructions to the Financial Services Provider for the disbursement of Funds based on the agreement between the Payer and Payee.

3.5 In addition to these Terms and our Privacy Policy, you acknowledge and agree that your use of the Payment Services is also subject to the End User Agreement and the Privacy Policy. By using our Services, you agree to be bound by their terms, which are made available to you by the Financial Services Provider.

4. Acceptance and Agreement

4.1 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;
  • the End User Agreement and Privacy Policy; and
  • the PDS/FSG.

4.2 We reserve the right to amend these Terms at any time, which will becoming binding on you the next time you use the Services (and/or agree to such changed Terms). If you do not agree, your only option is to immediately cease using the Services.

5. 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.

6. User Accounts

6.1 To register your account, you must:

  • Confirm your identity in such manner as we require;
  • For Australian businesses: Provide a valid ABN, ARBN, or ACN;
  • Provide a valid mobile phone number;
  • Be at least 18 years old.

6.2 To register your account, you must agree to the use of the following:

Identity Verification and Compliance (KYC/AML)

  • Purpose of Verification: To comply with applicable laws, regulations, and internal compliance policies, Trade Safe Transfers is required to verify the identity of its users and to prevent fraud, money laundering, terrorist financing, and other illegal activities.
  • Use of Third-Party Verification Provider: Trade Safe Transfers utilises Sumsub (Sum&Substance Ltd.), a third-party identity verification and compliance service provider, to conduct Know Your Customer (KYC) and Anti-Money Laundering (AML) checks on its behalf. Sumsub Terms and Conditions.
  • Know Your Customer (KYC): As part of the KYC process, users may be required to provide personal information and documentation, including but not limited to:
    • Government-issued identification documents (e.g., passport, national ID card, or driver's license);
    • Biometric data, such as a facial image or liveness check;
    • Proof of address or other supporting documentation.
    This information is used solely to verify the user's identity.
  • Anti-Money Laundering (AML) Screening: As part of AML compliance, user information may be screened against:
    • International sanctions and watchlists;
    • Politically Exposed Persons (PEP) databases;
    • Adverse media and other risk-related databases.
    Trade Safe Transfers may also conduct ongoing monitoring where required by law.
  • Data Processing and Security: All personal data submitted for KYC/AML purposes is processed securely and in accordance with applicable data protection laws, including but not limited to the General Data Protection Regulation (GDPR). Sumsub processes user data strictly for verification and compliance purposes.
  • Failure to Complete Verification: Failure to successfully complete KYC/AML verification may result in:
    • Restricted access to certain features or services;
    • Suspension or termination of the user account;
    • Refusal to provide services, where legally required.
  • User Consent: By using Trade Safe Transfers' services, the user acknowledges and agrees that their personal data may be collected, processed, and shared with Sumsub for the purposes described above.

6.3 If your registration is accepted, an account will be activated in your name ("Your Account"), and you will become a Trade Safe Transfers member. Users who act as both a Payer (Customer) and a Payee (Service Provider) are permitted to register for two separate accounts, one in each capacity.

6.4 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.

6.5 Subject to clause 6.5, you will be personally responsible for Your Account, and you will be liable for any breach of the Terms.

6.6 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.

6.7 We reserve the right to refuse, suspend, or terminate accounts in our sole discretion, including for failure to comply with these terms.

6.8 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.

6.9 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 Payment Facility at the time of deactivation will be managed in accordance with these Terms and the End User Agreement and PDS/FSG, specific transaction terms, dispute resolution procedures, or as required by law.

6.10 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.

7. The Escrow Process

7.1 Lodging Funds: Payers must lodge Funds via permitted payment method into the Payment Facility as directed by the Company and/or the Financial Services Provider.

7.2 Holding Funds: All Funds lodged will be held securely within the Payment Facility, with the monetary value held by the ADI Custodian.

7.3 Releasing Funds: Subject to Our AML/CTF requirements, Funds will be released from the Payment Facility upon Our direction to the Financial Services Provider, where:

  • The Payee has requested the release of Funds;
  • The Payer:
    • confirms their agreement to release the funds;
    • does not respond to the payment request within 7 business days; or
    • the Payee and Payer provide a joint direction to Us to release the Funds, and
  • There are no unresolved disputes concerning the Funds.

7.4 Service Fees: Processing fees apply to the use of the Service. A full schedule of applicable fees is available at the Fee Schedule Page which You agree to pay the Company for using the Services. You will be notified of all fees prior to initiating a transaction. GST is handled in accordance with Australian tax law.

7.5 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 Payment Facility, 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.

7.6 Chargebacks: You agree that, to the extent permitted by law, the chargeback mechanism should only be initiated for genuinely fraudulent or unauthorised transactions. If you are not satisfied with the work provided by the Payee, you agree not to initiate a Chargeback. Instead, you are required to follow the process outlined in clause 7.5 "Refunds (Non-Disputed)" or engage in the dispute resolution process referred to in clause 14 of these Terms.

7.7 Notwithstanding the above, in the event of a Chargeback for any transaction, you (whether as a Payer or Payee) remain fully liable for the entire amount of the Chargeback and any associated fees, fines, or penalties charged by the Financial Services Provider or any card network. You agree that We may, without notice, direct the Financial Services Provider to debit Funds from the Payment Facility to cover any Chargeback and associated costs. You agree to indemnify Us against any losses incurred as a result of a Chargeback.

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

8. Prohibited Conduct

  1. You must not use the Services in any manner that is unlawful, or that violates any of Our rights or those of any third party. This includes disrupting or interfering with our website, restricting other users, or distributing malicious software. Specifically, you must not do any of the following:
    1. engage in fraudulent or deceptive activity;
    2. engage in any 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, any of our services, software, hardware or equipment connected to or via our website;
    4. engage in false advertising;
    5. engage in any unauthorised commercial use;
    6. tamper with our Platform security;
    7. engage in any activity that violates the rights of third parties, including intellectual property rights;
    8. engage in any activity that breaches the law;
    9. uploading or transmitting malware, viruses, or any other harmful code; or
    10. attempting to circumvent Trade Safe Transfers' payment or escrow system.
  2. You agree to cooperate fully with the Company 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 that is subject to an Australian Government embargo or designated by the Australian Government as a 'terrorist supporting' country, and that you are not listed on any Australian Government list of prohibited or restricted parties.

9. 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.

10. 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.

11. Disclaimers and Limitation of Liability

11.1 Our Role:

You acknowledge that Our role is strictly limited to providing the Escrow Service as the Escrow Agent by directing the Financial Services Provider regarding the management and disbursement of Funds. We do not issue the Payment Facility or act as the ADI Custodian of the Funds.

11.2 Disclaimer of Warranties:

  • To the extent permitted by law, this website, the Services 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 conditions 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.

11.3 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.

11.3.1 Notwithstanding the above, to the maximum extent permitted by law, our total aggregate liability for all claims arising out of or in connection with these terms or the Services shall not exceed the Services Fees paid to us by You to Us for the Services giving rise to the liability.

11.4 No Liability for Financial Services:

The Payment Facility is a financial product provided by the Financial Services Provider. The Company is not responsible for the performance, actions, or omissions of the Financial Services Provider or the ADI Custodian. We are not liable for any loss, damages, or issues arising directly or indirectly from the provision of the financial service, including but not limited to, platform outages of the Financial Services Provider, processing errors, or the insolvency of the Financial Services Provider or the ADI Custodian. Any claims related to the financial service must be directed to the relevant third party.

11.5 Payment Method Security (External):

You acknowledge and agree that the Company is not responsible for the security of your external bank accounts or other payment methods used to fund or receive payments from the Payment Facility, beyond the security measures implemented within our Platform and by the Financial Services Provider and ADI Custodian.

11.6 Force Majeure:

The Company 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.

11.7 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.

12. Indemnity

You agree to release us from, and 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.

13. User Obligations

13.1 All Payees must:

  • hold 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; and
  • Respond promptly to communications.

13.2 All Payers must:

  • provide clear and accurate project requirements;
  • transfer Funds to the Payment Facility 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.

14. Dispute Resolution

14.1 Disputes Relating to Financial Services:

You acknowledge that Trade Safe Transfers is not a financial service and the Company is not a financial services provider. Any dispute, complaint, or issue relating directly to the financial service—including payment processing errors, transaction failures, account administration by the Financial Services Provider, or the handling of a Chargeback—must be directed to the Financial Services Provider in accordance with the dispute resolution process set out in their PDS/FSG and the End User Agreement. We are not responsible for resolving such disputes but will provide reasonable assistance where required.

14.2 Disputes Between Users:

For all disputes between a Payer and Payee, 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. Fees may apply for the use of our facilitated dispute resolution services, which will be disclosed to you before the process commences. This does not substitute any statutory dispute resolution process such as those under the Domestic Building Contracts Act 1995 (Vic).

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

  • Notification and Facilitated Mediation: Upon receiving formal notice of a dispute from either the Customer or the Service Provider, 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 Funds During External Dispute: You authorize the ADI Custodian to continue to securely hold the Funds in the Payment Facility while the parties pursue an independent resolution. In the event that legal proceedings are commenced, We reserve the right to direct the Financial Service Provider to deposit the Funds disputed, less any applicable fees, into the relevant court or tribunal. This action will discharge Us, the Financial Services Provider and the ADI Custodian of any further liability or obligations in relation to the Funds, and the parties must thereafter resolve the matter of the deposited funds directly with the court or tribunal.
  • Disputes Over Funds (where you have opted out of our dispute resolution assistance): If you have opted out of our facilitated dispute resolution assistance, for a dispute falling under clause 14.2, we will not mediate or assess the substance of any dispute between users. However, in any dispute concerning Funds held in the Payment Facility the parties will need to pursue independent resolution through a relevant court or tribunal. We reserve the right to direct the Financial Services Provider to deposit the disputed Funds, less any applicable fees, into the relevant court or tribunal, thereby discharging Us, the Financial Services Provider and the ADI Custodian of further liability or obligation in relation to the Funds.

14.3 Disputes with Us:

Any dispute between you and Us arising from these Terms should be attempted to be resolved by contacting us directly at information@tradesafetransfers.com.au. If this is unsuccessful, we each have the right to pursue our legal rights in the non-exclusive jurisdiction of Victoria.

15. 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 the Payment Facility will be managed in accordance with the specific job terms and dispute resolution procedures, or as required by law.

16. 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 part, on more than one occasion to any of its related bodies corporate or permitted assignees without Your consent.

17. 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.

18. 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.

19. 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 information@tradesafetransfers.com.au. Notices will be deemed effective upon delivery.

Contact Us

For questions or support, please contact:

Email: information@tradesafetransfers.com.au

Phone: 1800 757 111 or (03) 9834 6777

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