1. Overview
These Terms of Service (“Terms”) apply to your access to and use of the website located at https://tradaspty.site (the “Website”) and to any trading and commerce services provided by Tradas Pty Ltd (ABN 97 703 932 316) (“Tradas”, “we”, “us” or “our”).
By accessing the Website, requesting a quote, or engaging our services, you agree to be bound by these Terms. If you do not agree with any part of these Terms, please discontinue use of the Website and do not engage our services.
These Terms should be read together with our Privacy Policy. Where you engage us for a specific project, the agreed scope, deliverables and fees will be set out in a written quote or engagement document, which prevails over these Terms to the extent of any inconsistency.
2. Definitions
In these Terms, unless the context requires otherwise:
- “Services” means the trading and commerce services we agree to supply to you, as described on our Services page and in any agreed quote or engagement document.
- “You” or “your” means the individual, business or organisation that accesses the Website or engages our Services.
- “Engagement” means the agreed arrangement between you and Tradas for the supply of Services, documented in a quote, proposal or written agreement.
- “Deliverables” means the outputs, materials, documentation and other work products we agree to provide as part of the Services.
- “Australian Consumer Law” or “ACL” means Schedule 2 of the Competition and Consumer Act 2010 (Cth).
3. Our services
Tradas Pty Ltd provides trading and commerce services to businesses, primarily across Melbourne VIC and greater Victoria. Descriptions of our Services on the Website or in marketing materials are provided for general information only and do not constitute an offer to supply.
The specific Services we will provide to you, along with timelines, fees and any assumptions or exclusions, will be set out in a written quote or engagement document. We may subcontract parts of any Engagement, but we remain responsible for the quality of the Services supplied to you.
While we use reasonable skill, care and diligence in providing the Services, any timelines, forecasts or outcomes communicated to you are estimates only and are not guarantees of particular commercial results, unless expressly agreed in writing.
4. Quotes, engagements and payment
Quotes provided by Tradas are valid for 30 days from the date of issue unless otherwise stated, and are subject to these Terms. You can request a quote via our quote page.
- Acceptance: An Engagement commences when you accept a quote in writing (including by email) or we otherwise confirm the Engagement in writing.
- Fees and GST: All fees are expressed in Australian dollars and are inclusive of GST unless stated otherwise. Where applicable, GST will be added in accordance with A New Tax System (Goods and Services Tax) Act 1999 (Cth).
- Invoicing: We may issue invoices in accordance with the payment schedule in the quote or engagement document. Invoices are payable within 14 days of the invoice date unless otherwise agreed in writing.
- Late payment: If an invoice remains unpaid beyond its due date, we may suspend the Services and charge interest on the outstanding amount at a rate of 2% per month, calculated daily, until payment is received in full.
- Changes to scope: If you request changes to the scope of an Engagement, we will provide a revised quote or written variation. Additional work outside the agreed scope will be quoted and charged separately.
- Disbursements: Reasonable pre-approved out-of-pocket expenses (such as travel, software licences or third-party fees) incurred in providing the Services may be on-charged at cost.
5. Your obligations
To enable us to provide the Services effectively, you agree to:
- provide accurate, complete and timely information, records and access reasonably required for the Engagement;
- ensure that all information and materials you supply to us are lawful, and that you own or have the right to use them;
- respond to our requests and provide feedback within reasonable timeframes;
- comply with all applicable laws, regulations and industry codes relevant to your business and the Engagement; and
- use any Deliverables solely for the purposes for which they were provided.
We are not liable for delays or deficiencies in the Services caused by your failure to meet these obligations.
6. Intellectual property
All intellectual property in the Website, including text, graphics, logos, layout and design, is owned by Tradas Pty Ltd or licensed to us, and is protected by Australian and international copyright laws. You may not reproduce, distribute, modify or exploit any part of the Website without our prior written consent.
Upon full payment of all fees due for an Engagement, you own the final Deliverables created specifically for you, excluding:
- our pre-existing tools, templates, frameworks and know-how, which remain our property (with a licence to you to use them as incorporated in the Deliverables); and
- third-party materials licensed to you on the terms of the relevant licensor.
We may reference non-confidential aspects of completed Engagements in our portfolio and marketing, unless you ask us in writing not to do so.
7. Confidentiality
Each party agrees to keep confidential all non-public information disclosed by the other party in connection with an Engagement, and to use such information only for the purpose of performing the Engagement. This obligation does not apply to information that is or becomes public through no breach of these Terms, was lawfully known to the recipient beforehand, is independently developed, or must be disclosed by law or by a regulatory authority.
This confidentiality obligation survives the completion or termination of any Engagement.
8. Limitation of liability
To the maximum extent permitted by law, and except as set out in section 9 (Australian Consumer Law), Tradas Pty Ltd is not liable for any indirect, incidental, special or consequential loss or damage, loss of profits, loss of revenue, loss of data or loss of business opportunity, arising out of or in connection with the Website or the Services.
Where liability cannot be excluded, our total aggregate liability arising out of or in connection with an Engagement is limited to the fees actually paid by you to us for that Engagement in the three (3) months immediately preceding the event giving rise to the claim.
Nothing in this section limits or excludes any liability that cannot lawfully be limited or excluded, including liability under the Australian Consumer Law as described in section 9.
9. Australian Consumer Law
Nothing in these Terms excludes, restricts or modifies any consumer guarantee, right or remedy conferred on you by the Australian Consumer Law or any other applicable law that cannot be excluded, restricted or modified by agreement.
Under the Australian Consumer Law, our Services come with guarantees that cannot be excluded, including that the Services will be provided with due care and skill, will be fit for any purpose you make known to us, and will be supplied within a reasonable time. If we fail to meet a consumer guarantee, you may be entitled to a remedy.
If you believe the Services have not met a consumer guarantee, please contact us at ceo@tradaspty.site so we can work with you to resolve the issue promptly and fairly.
10. Privacy
We respect your privacy and handle personal information in accordance with the Privacy Act 1988 (Cth) and the Australian Privacy Principles. Our Privacy Policy explains what information we collect, how we use and store it, and how you can request access to or correction of your personal information.
11. Use of this website
When using the Website, you agree not to:
- use the Website for any unlawful purpose or in a way that violates the rights of others;
- attempt to gain unauthorised access to the Website, its servers, or any connected systems;
- interfere with, disrupt or damage the Website or its infrastructure, including through malware, scraping or denial-of-service activity;
- impersonate any person or entity, or misrepresent your affiliation with any person or entity; or
- submit false, misleading or fraudulent information through our forms, including quote requests.
Content on the Website is general information about our business and Services. It does not constitute financial, legal, taxation or other professional advice, and you should obtain advice appropriate to your own circumstances before acting on it.
12. Third-party links and services
The Website may contain links to third-party websites, platforms or services. These links are provided for convenience only. We do not control, endorse or accept responsibility for third-party content, products or services, and your dealings with any third party are solely between you and that third party.
Where an Engagement involves third-party software, marketplaces, logistics providers or other services, their own terms and conditions may also apply to you. We recommend you review those terms before use.
13. Suspension and termination
Either party may terminate an Engagement by giving the other party at least 14 days’ written notice, unless the engagement document specifies a different notice period. If you terminate an Engagement partway through, you remain liable to pay for all Services performed and expenses incurred up to the date of termination.
We may suspend or terminate the Services, or your access to the Website, immediately and without notice if:
- you breach these Terms or an engagement document and fail to remedy the breach within 7 days of written notice;
- an invoice remains unpaid beyond 30 days past its due date;
- you become insolvent, enter administration or liquidation, or are otherwise unable to pay your debts as they fall due; or
- we are required to do so by law or a regulatory authority.
On termination, clauses relating to payment for work performed, intellectual property, confidentiality, limitation of liability, Australian Consumer Law and governing law continue to apply.
14. Changes to these terms
We may update these Terms from time to time to reflect changes in our business, the law or our practices. The current version will always be published on this page, together with the date of the most recent revision.
Your continued use of the Website after updated Terms are published constitutes acceptance of the updated Terms. For existing Engagements, the version of the Terms in effect when the Engagement commenced will continue to apply unless agreed otherwise in writing.
15. Governing law
These Terms and any Engagement are governed by the laws of the State of Victoria and the Commonwealth of Australia. The parties submit to the exclusive jurisdiction of the courts of Victoria and the courts competent to hear appeals from those courts.
Before commencing formal proceedings, we ask that you first contact us so that we can attempt to resolve any dispute in good faith and, where possible, without the need for litigation.
16. Contact us
If you have any questions about these Terms, or if you wish to raise a concern or dispute, please contact us:
- Business: Tradas Pty Ltd
- ABN: 97 703 932 316
- Location: Melbourne VIC, Australia
- Email: ceo@tradaspty.site
- Online: via our contact page or quote request form
We aim to acknowledge all correspondence within two (2) business days.
Related documents: Privacy Policy · Home · About Tradas