EscrowSource Terms and Conditions
Last updated: June 2026
These Terms and Conditions govern your access to and use of the EscrowSource website, platform, marketplace, software, dashboard, project tools, messaging tools, payment workflows, escrow-style payment release features, and related services.
In these Terms, "EscrowSource", "we", "us", and "our" means the operator of the EscrowSource platform. "User", "you", and "your" means any person or organisation accessing or using the Platform, including Buyers and Experts.
By accessing or using the Platform, creating an account, submitting a project, accepting a proposal, making a payment, receiving a payout, sending a message, or otherwise using any Platform feature, you agree to be bound by these Terms.
If you do not agree with these Terms, you must not access or use the Platform.
Definitions
In these Terms:
- Buyer means a User who submits a sourcing request, translation request, supplier research request, procurement request, inspection coordination request, product research request, negotiation support request, or other project through the Platform.
- Expert means a User who offers or provides sourcing, translation, supplier research, procurement support, negotiation support, inspection coordination, logistics support, China market support, or related services through the Platform.
- Platform means the EscrowSource website, marketplace, dashboard, project management tools, messaging tools, wallet features, payment release features, escrow-style workflows, and related services.
- Project means a request, brief, task, sourcing engagement, translation engagement, procurement support task, supplier research task, milestone, or other service arrangement created through the Platform.
- Proposal means an offer, quote, price, scope, timeline, milestone plan, or response submitted by an Expert in relation to a Project.
- Project Agreement means the separate agreement formed directly between a Buyer and an Expert when the Buyer accepts an Expert's Proposal or otherwise agrees to engage the Expert through the Platform.
- Deliverables means any reports, translations, supplier lists, factory information, product research, sourcing recommendations, communications, documents, images, files, notes, inspection coordination records, or other outputs provided by an Expert to a Buyer.
- Research Fee means any initial fee, engagement fee, research fee, sourcing fee, deposit, or non-refundable component agreed between a Buyer and an Expert.
- Platform Fee means any fee charged by EscrowSource for access to or use of the Platform.
- Payment Provider means any third-party payment processor, merchant facility, wallet provider, bank, payout provider, foreign exchange provider, identity verification provider, fraud screening provider, or financial technology provider used in connection with payments, refunds, payouts, or transaction records.
- Prohibited Goods or Services means goods, services, projects, transactions, or activities prohibited under these Terms, applicable law, sanctions, export controls, customs rules, product safety laws, intellectual property laws, or Platform policy.
EscrowSource's role
EscrowSource provides a marketplace and project management platform that helps Buyers connect with Experts.
Unless we expressly agree otherwise in writing:
- EscrowSource is not a Buyer, Expert, supplier, manufacturer, importer, exporter, freight provider, customs broker, product certifier, inspection provider, legal adviser, financial adviser, tax adviser, or party to any Project Agreement;
- EscrowSource does not own, manufacture, inspect, verify, certify, supply, import, export, store, ship, or guarantee any goods sourced through the Platform;
- EscrowSource does not guarantee the identity, qualifications, performance, reliability, legality, availability, suitability, or conduct of any Buyer, Expert, supplier, factory, manufacturer, logistics provider, payment provider, or third party;
- EscrowSource does not guarantee that any product, supplier, factory, price, quote, certification, translation, inspection result, shipping arrangement, or recommendation is accurate, lawful, complete, current, suitable, compliant, or commercially viable;
- Buyers and Experts are responsible for their own decisions, negotiations, checks, contracts, compliance, and risk management.
EscrowSource may provide tools, templates, messaging systems, project status labels, payment workflows, escrow-style release workflows, dispute tools, verification tools, and other Platform features. These tools do not make EscrowSource a party to a Project Agreement unless we expressly state otherwise in writing.
Eligibility
To use the Platform, you must:
- be at least 18 years old;
- have legal capacity to enter into these Terms;
- provide accurate, current, and complete information;
- comply with all applicable laws;
- not be subject to sanctions, trade restrictions, or legal restrictions that prohibit your use of the Platform;
- not use the Platform for illegal, fraudulent, misleading, infringing, unsafe, restricted, or prohibited purposes;
- if using the Platform on behalf of a company, partnership, association, trust, or other organisation, have authority to bind that organisation.
We may refuse, suspend, restrict, or terminate access to the Platform if we reasonably believe that a User does not meet these requirements.
Accounts, verification, and security
You may need to create an account to access certain Platform features.
You agree to:
- provide accurate and complete account information;
- keep your login details secure;
- promptly update your account information if it changes;
- not allow another person to use your account;
- notify us promptly if you suspect unauthorised access to your account;
- be responsible for all activity occurring through your account, except to the extent caused by our negligence, fraud, wilful misconduct, or breach of law.
We may require identity, business, tax, payment, sanctions, fraud, anti-money laundering, counter-terrorism financing, or compliance checks before allowing access to certain features, including Expert onboarding, payment features, payout features, higher-value Projects, international transactions, or dispute resolution.
We may use third-party providers to conduct verification, payment, risk, fraud, sanctions, and compliance checks.
You must not provide false, misleading, altered, incomplete, or fraudulent information.
Buyer obligations
If you are a Buyer, you agree to:
- provide accurate, lawful, and complete Project information;
- clearly describe your sourcing, translation, procurement, product, timing, budget, compliance, quality, inspection, and delivery requirements;
- not request illegal, counterfeit, unsafe, prohibited, misleading, infringing, restricted, or unlawful goods or services;
- review Expert Proposals carefully before acceptance;
- verify whether any goods, suppliers, factories, certifications, labels, product claims, or import requirements are suitable for your intended market;
- obtain professional advice where needed, including legal, customs, tax, product safety, import, export, logistics, intellectual property, and compliance advice;
- respond to Expert communications and Deliverables within a reasonable time;
- not abuse, harass, threaten, defraud, mislead, pressure, or circumvent any Expert or User;
- comply with applicable payment obligations;
- comply with all applicable laws relating to products, imports, customs, consumer protection, sanctions, anti-bribery, anti-corruption, intellectual property, product safety, tax, and trade;
- use the Platform in good faith.
The Buyer remains responsible for final purchasing, importing, product compliance, supplier selection, product suitability, and commercial decisions.
Expert obligations
If you are an Expert, you agree to:
- provide accurate information about your identity, experience, skills, language ability, location, qualifications, business status, and availability;
- submit accurate and honest Proposals;
- only accept Projects you are reasonably capable of performing;
- perform services with reasonable care and skill;
- comply with the agreed Project scope, milestones, timeline, fees, and Deliverables;
- promptly disclose conflicts of interest, supplier relationships, referral commissions, rebates, kickbacks, or arrangements that may affect your independence;
- not misrepresent suppliers, factories, products, prices, samples, certifications, inspection results, production capacity, delivery timing, or availability;
- not request, facilitate, promote, translate for, arrange, or assist with illegal, counterfeit, unsafe, prohibited, misleading, infringing, restricted, or unlawful goods or services;
- comply with applicable tax, business, contractor, import, export, sanctions, customs, anti-bribery, anti-corruption, consumer protection, and intellectual property laws;
- not bypass the Platform to avoid fees where the Buyer relationship was introduced through the Platform;
- keep Buyer information confidential;
- promptly notify EscrowSource of any Project that appears unlawful, unsafe, fraudulent, misleading, high-risk, or prohibited.
Experts are independent contractors or independent businesses. Nothing in these Terms creates an employment, agency, partnership, joint venture, franchise, fiduciary, or representative relationship between EscrowSource and any Expert.
Buyer–Expert Project Agreements
A Project Agreement is formed directly between a Buyer and an Expert when:
- a Buyer accepts an Expert's Proposal;
- the Buyer and Expert agree to a Project scope, fee, milestone, or Deliverable through the Platform;
- the Buyer makes a Project payment through the Platform; or
- the Buyer otherwise instructs the Expert to commence work through the Platform.
The Project Agreement includes:
- the Project brief;
- the accepted Proposal;
- any agreed messages, milestones, fees, timelines, acceptance criteria, and Deliverables;
- these Terms;
- any applicable payment, release, cancellation, and dispute rules; and
- any additional terms agreed between Buyer and Expert, provided those terms do not conflict with these Terms or applicable law.
EscrowSource is not a party to the Project Agreement unless we expressly agree otherwise in writing.
Buyers and Experts are responsible for complying with their Project Agreement.
Project scope, milestones, and changes
Buyers and Experts should agree on the Project scope, milestones, fees, timeline, Deliverables, and acceptance criteria before work begins.
Any changes to Project scope, fees, timeline, Deliverables, or milestones should be agreed through the Platform where possible.
If a Buyer requests additional work outside the agreed scope, the Expert may request an additional fee, revised milestone, or revised timeline.
If the parties cannot agree on a change, the original agreed Project terms continue to apply unless the Project is cancelled or resolved through the dispute process.
Payments and payment provider
EscrowSource may enable Buyers to make payments and Experts to receive payouts through the Platform.
Payments may be processed by one or more Payment Providers. You may be required to accept the Payment Provider's terms, complete identity checks, provide payment information, and satisfy compliance requirements before making or receiving payments.
Unless we expressly state otherwise:
- EscrowSource does not store full card details;
- payment processing, refunds, payouts, failed payments, foreign exchange, fraud screening, and chargebacks may be handled by the Payment Provider;
- we may receive transaction identifiers, payment status, payout status, refund status, verification status, fraud alerts, risk alerts, and related payment records from the Payment Provider;
- payment availability may depend on the Payment Provider, banks, card networks, fraud checks, sanctions checks, identity checks, and compliance reviews;
- payouts to Experts may be delayed, suspended, reversed, or withheld where reasonably necessary due to law, Platform rules, dispute review, suspected fraud, chargeback risk, Payment Provider requirements, or compliance requirements;
- EscrowSource may refuse, delay, suspend, cancel, or reverse a payment where we reasonably consider it necessary for legal, compliance, fraud, risk, dispute, sanctions, payment integrity, or Platform integrity reasons.
If the Platform uses escrow-style terminology, this refers to the Platform's project payment workflow and conditional release process. It does not mean EscrowSource is licensed as a bank, deposit-taking institution, trustee, financial adviser, remittance provider, or financial services provider unless expressly stated.
If required by law, EscrowSource may obtain registrations, licences, exemptions, authorisations, or third-party regulated services before offering particular payment or transfer features.
Escrow-style payment release workflow
The Platform may allow Buyers to fund a Project or milestone before work begins. Those funds may then be released to the Expert when the relevant Deliverable is approved, deemed accepted, or resolved through the dispute process.
Unless otherwise displayed on the Platform:
- a Buyer may be required to pay the agreed Project amount or milestone amount before the Expert begins work;
- funds may be held, controlled, processed, or administered by the Payment Provider;
- EscrowSource may record payment status, milestone status, release status, refund status, and payout status on the Platform;
- payment release may depend on Buyer approval, auto-release rules, dispute outcome, Payment Provider requirements, fraud screening, compliance checks, and applicable law;
- EscrowSource may pause release where there is a dispute, suspected fraud, prohibited goods concern, sanctions concern, chargeback concern, payment failure, account issue, or breach of these Terms;
- Experts are not guaranteed payout until payment is released and any applicable Payment Provider requirements are satisfied;
- Buyers are not guaranteed a refund except as provided by these Terms, the Project Agreement, Platform policy, Payment Provider terms, or applicable law.
Fees
EscrowSource may charge Platform Fees, service fees, transaction fees, subscription fees, project fees, success fees, dispute fees, payment processing fees, foreign exchange fees, withdrawal fees, or other fees.
Applicable fees will be disclosed on the Platform or at the time of transaction.
Unless stated otherwise:
- fees are quoted in Australian Dollars (AUD);
- fees may be inclusive or exclusive of GST depending on the notice displayed at the time of payment;
- Payment Provider fees may be deducted from payments, refunds, or payouts;
- foreign exchange rates, bank charges, card fees, intermediary bank fees, and payout fees may apply;
- Experts are responsible for their own income tax, GST/VAT, business registration, invoicing, withholding, and reporting obligations;
- Buyers are responsible for taxes, duties, customs charges, import charges, government charges, and compliance costs associated with goods or services they source.
We may change our fees by updating the Platform or these Terms. Fee changes will not apply retrospectively to Projects already accepted unless required by law or agreed by the affected parties.
Cancellations, refunds, and payment release
Cancellation, refund, and release rules for each Project may depend on the agreed Proposal, milestone structure, Research Fee, Project stage, Deliverables provided, Payment Provider requirements, and applicable law.
Unless otherwise agreed:
- if a Buyer cancels before an Expert starts work, the Buyer may be entitled to a refund of amounts paid, less any disclosed non-refundable Platform Fees or Payment Provider fees, subject to applicable law;
- if a Buyer cancels after an Expert has started work, the Expert may be entitled to retain the agreed Research Fee or a reasonable amount for work performed, subject to applicable law;
- if an Expert has completed agreed work, the Expert may be entitled to payment for the completed work;
- if a Buyer approves a Deliverable, EscrowSource may release the relevant payment to the Expert;
- if a Buyer does not respond within the review period stated on the Platform, the payment may be automatically released to the Expert, provided the Expert has submitted the relevant Deliverable and no dispute has been opened;
- if a dispute is opened before release, payment may be paused, held, or restricted while the dispute is reviewed;
- refunds may be reduced by non-refundable Payment Provider fees, bank fees, foreign exchange fees, or Platform Fees, to the extent permitted by law;
- all cancellation, refund, release, and fee-retention rules are subject to any non-excludable rights under the Australian Consumer Law or other applicable law.
Nothing in these Terms limits any consumer guarantee, refund right, chargeback right, tribunal right, court right, regulator complaint right, or other right that cannot lawfully be excluded.
Review period and auto-release
If the Platform provides a review period, the Buyer must review the relevant Deliverable within the stated period.
Unless otherwise displayed on the Platform, the standard review period is 14 days from the date the Deliverable is submitted.
During the review period, the Buyer may:
- approve the Deliverable;
- request reasonable revisions within the agreed scope;
- request clarification;
- open a dispute.
If the Buyer does not respond within the review period, EscrowSource may treat the Deliverable as accepted and release the relevant payment to the Expert, subject to applicable law, dispute rights, Payment Provider requirements, and Platform risk review.
Auto-release does not apply where:
- a dispute has been opened before release;
- we reasonably suspect fraud, illegality, prohibited goods, sanctions risk, payment failure, chargeback risk, or breach of these Terms;
- release is prevented by the Payment Provider;
- release would breach applicable law;
- EscrowSource reasonably determines that further review is required.
Disputes between Buyers and Experts
Buyers and Experts should first try to resolve Project issues directly and in good faith through the Platform.
A dispute may relate to:
- incomplete work;
- late work;
- unsatisfactory Deliverables;
- scope disagreement;
- payment release;
- refund requests;
- misleading Project information;
- prohibited goods or services;
- suspected fraud;
- misuse of confidential information;
- breach of these Terms or a Project Agreement.
If a dispute is opened, we may request information from the Buyer, Expert, or relevant third parties, including messages, files, screenshots, supplier records, invoices, proof of work, proof of delivery, payment records, or other evidence.
EscrowSource may, acting reasonably, decide to:
- release payment to the Expert;
- refund payment to the Buyer;
- split payment between Buyer and Expert;
- request further evidence;
- require revisions;
- suspend or restrict a User account;
- cancel a Project;
- refer the parties to external dispute resolution;
- decline to decide a dispute that is outside the Platform's scope;
- take any other reasonable action consistent with these Terms and applicable law.
EscrowSource's internal dispute decision is final for the purposes of Platform administration. However, nothing in these Terms prevents a User from exercising rights that cannot be excluded by law, including rights under the Australian Consumer Law, chargeback rights, regulator complaint rights, court rights, or tribunal rights.
Users must participate in disputes honestly and must not submit false, misleading, altered, incomplete, or fraudulent evidence.
Prohibited goods, services, and conduct
You must not use the Platform to request, source, supply, facilitate, promote, translate for, advise on, arrange, or support any goods, services, transaction, or activity that is illegal, restricted, unsafe, fraudulent, misleading, infringing, harmful, or prohibited.
Prohibited goods and services include:
- counterfeit goods;
- goods that infringe intellectual property rights;
- weapons, firearms, ammunition, explosives, military goods, tactical weapons, or controlled defence items;
- illegal drugs, controlled substances, drug paraphernalia, restricted chemicals, toxins, poisons, or hazardous materials;
- stolen goods;
- products made with forced labour, child labour, human trafficking, or unlawful labour practices;
- products prohibited by sanctions, export controls, customs laws, import restrictions, or marketplace rules;
- false, misleading, fake, or fraudulent documents;
- goods requiring licences, permits, approvals, certifications, or safety checks that the Buyer has not obtained;
- unsafe consumer products;
- products intended to deceive regulators, customs authorities, consumers, suppliers, marketplaces, or payment providers;
- goods or services connected with bribery, corruption, money laundering, terrorism financing, sanctions evasion, tax evasion, or fraud;
- adult, exploitative, hateful, extremist, violent, abusive, or otherwise unlawful material;
- personal information trading, identity theft, phishing, hacking, malware, spyware, credential theft, or unlawful surveillance;
- any other goods, services, or conduct that we reasonably consider high-risk, unlawful, harmful, or inconsistent with the purpose of the Platform.
We may remove Projects, block messages, suspend accounts, cancel transactions, pause payments, restrict payouts, preserve records, or report conduct to authorities if we reasonably suspect a breach of this section.
Sanctions, export controls, customs, and product compliance
Users are responsible for complying with all applicable sanctions, export control, customs, import, product safety, labelling, packaging, testing, certification, consumer protection, anti-bribery, anti-corruption, tax, and trade laws.
Buyers are responsible for determining whether goods can lawfully be imported, sold, used, labelled, advertised, or distributed in their intended market.
Experts must not advise Buyers to evade customs, sanctions, product safety, certification, tax, import, export, or legal requirements.
EscrowSource does not guarantee that any product, supplier, factory, certification, label, customs code, inspection report, shipping arrangement, or recommendation complies with any law, marketplace rule, or commercial requirement.
Anti-circumvention
If a Buyer and Expert are introduced through the Platform, they must not use that introduction to avoid Platform Fees, payment workflows, dispute processes, or other Platform rules.
Unless we agree otherwise, for a period of 12 months after the first Platform introduction, Buyers and Experts must not knowingly move a Project, substantially similar Project, repeat engagement, or related transaction outside the Platform for the purpose of avoiding fees.
This clause does not prevent Users from working together outside the Platform where:
- the relationship existed independently before Platform introduction;
- the work is unrelated to the Platform introduction;
- the parties have obtained EscrowSource's written consent;
- the clause would be unlawful or unenforceable.
User content
Users may upload, submit, send, create, or share content through the Platform, including Project briefs, messages, files, product specifications, images, supplier information, translations, documents, comments, reviews, and Deliverables.
You retain ownership of content you upload or create, subject to any Project Agreement between Buyer and Expert.
By submitting content to the Platform, you grant EscrowSource a non-exclusive, worldwide, royalty-free licence to host, store, copy, display, process, transmit, analyse, moderate, and use that content as reasonably necessary to:
- operate the Platform;
- provide services;
- facilitate Projects;
- process payments;
- manage disputes;
- detect fraud or misuse;
- comply with law;
- improve the Platform;
- enforce these Terms.
You represent and warrant that you have the rights needed to submit your content and that your content does not breach any law, third-party right, confidentiality obligation, intellectual property right, privacy right, or these Terms.
Intellectual property
EscrowSource owns or licenses all rights in the Platform, including software, design, branding, logos, trade marks, text, graphics, workflows, templates, databases, and Platform materials.
You must not copy, modify, reverse engineer, scrape, reproduce, distribute, sell, licence, exploit, or create derivative works from the Platform except as permitted by law or with our written consent.
Experts and Buyers should agree in writing who owns Deliverables created for a Project.
Unless otherwise agreed between Buyer and Expert:
- the Expert retains ownership of pre-existing materials, know-how, templates, processes, and general skills;
- the Buyer receives a licence to use paid Deliverables for the Project purpose once payment is released;
- ownership of custom Deliverables transfers to the Buyer only if agreed in the Project Agreement and payment is made;
- neither party may use the other party's confidential information, brand, product design, supplier list, or business information outside the agreed Project purpose.
Confidentiality
Users may receive confidential information through the Platform, including product ideas, supplier details, factory contacts, pricing, business plans, product specifications, customer information, negotiation records, documents, translations, and commercially sensitive information.
Users must:
- keep confidential information secure;
- use confidential information only for the relevant Project;
- not disclose confidential information to third parties except as necessary for the Project or as required by law;
- not misuse confidential information for personal advantage or to compete unfairly;
- promptly notify the disclosing party if confidential information is accessed or disclosed without authorisation;
- return, delete, or stop using confidential information when reasonably requested, subject to legal record-keeping obligations.
This section does not apply to information that is publicly available through no fault of the receiving party, independently developed without use of confidential information, or lawfully received from a third party without confidentiality restrictions.
Privacy and data
Your use of the Platform is also governed by our Privacy Policy.
By using the Platform, you acknowledge that we may collect, use, disclose, store, and process personal information in accordance with our Privacy Policy.
Users must not upload or disclose another person's personal information unless they have the right to do so and the disclosure complies with applicable privacy laws.
Experts must handle Buyer information, supplier information, and third-party personal information securely and lawfully.
If your use of the Platform involves personal information from another country, you are responsible for ensuring that you have the right to provide that information to EscrowSource and other Users.
Reviews, feedback, and testimonials
The Platform may allow Users to provide reviews, ratings, feedback, comments, or testimonials.
Reviews must be honest, accurate, based on genuine experience, and not misleading, defamatory, abusive, discriminatory, fake, paid for without disclosure, or manipulated.
We may remove, moderate, or refuse reviews that we reasonably believe breach these Terms, Platform rules, or applicable law.
If you provide feedback about EscrowSource, you grant us permission to use that feedback to improve, promote, and develop the Platform without payment to you.
Third-party services and links
The Platform may contain links to or integrations with third-party websites, payment providers, identity verification providers, analytics providers, communication tools, logistics providers, suppliers, marketplaces, or other services.
We do not control third-party services and are not responsible for their content, conduct, availability, security, accuracy, fees, terms, or privacy practices.
Your use of third-party services may be subject to separate terms and policies.
Platform availability and changes
We aim to provide a useful and reliable Platform, but we do not guarantee that the Platform will be uninterrupted, error-free, secure, current, or available at all times.
We may modify, suspend, withdraw, replace, limit, or discontinue any part of the Platform where reasonably necessary for operational, legal, technical, security, commercial, or compliance reasons.
We will take reasonable steps to avoid unnecessary disruption to active Projects, but we are not liable for unavoidable downtime, maintenance, technical issues, third-party outages, or events outside our reasonable control, subject to any rights that cannot be excluded by law.
Suspension and termination
We may suspend, restrict, or terminate your account or access to the Platform if we reasonably believe that:
- you have breached these Terms;
- you have provided false, misleading, incomplete, or outdated information;
- you are involved in fraud, prohibited goods, sanctions risk, payment abuse, chargebacks, harassment, or illegal conduct;
- your account creates legal, security, operational, reputational, or financial risk;
- you have attempted to circumvent Platform Fees or workflows;
- you have misused confidential information;
- you have failed identity, payment, compliance, or risk checks;
- required by law, court order, regulator, Payment Provider, or law enforcement authority;
- continued access would be harmful to EscrowSource, Users, or third parties.
Where reasonable, we may give you notice and an opportunity to respond before suspension or termination. However, we may act without prior notice where we reasonably consider immediate action necessary to protect Users, the Platform, payments, evidence, legal compliance, security, or third parties.
You may stop using the Platform at any time.
Termination does not affect rights or obligations that accrued before termination, including payment obligations, confidentiality obligations, dispute obligations, tax obligations, intellectual property obligations, and liability for prior breaches.
Chargebacks, payment reversals, and failed payments
If a payment is reversed, disputed, charged back, refunded, clawed back, or fails after a Project has started or payment has been released, we may take reasonable steps to recover the amount, suspend the relevant account, reverse account credits, withhold future payouts, request evidence, or refer the matter to the Payment Provider or relevant authority.
Users must not misuse chargebacks, payment disputes, refund requests, or payment reversal processes.
If a chargeback or payment reversal occurs because of a User's breach of these Terms, fraud, misleading conduct, or failure to perform, that User may be responsible for associated losses, fees, costs, and administrative expenses, to the extent permitted by law.
Taxes
Users are responsible for their own tax obligations.
Experts are responsible for determining whether they must register for, collect, report, or remit GST, VAT, income tax, withholding tax, business tax, or other taxes.
Buyers are responsible for taxes, duties, customs charges, import costs, and government charges associated with goods or services they purchase, source, import, or receive.
EscrowSource may issue invoices, receipts, tax invoices, payout records, or transaction summaries where required or appropriate.
Nothing on the Platform is tax advice.
Niche-failure protection, guarantees, credits, or promotional offers
EscrowSource may offer promotional credits, limited guarantees, niche-failure protection, project credits, discounts, or other promotional programs from time to time.
Any such offer will apply only if expressly stated on the Platform or in writing and will be subject to the conditions, limits, exclusions, claim process, expiry dates, and eligibility criteria disclosed at the time of the offer.
Unless expressly stated, promotional offers:
- are not insurance;
- are not financial products;
- are not cash balances;
- are not transferable;
- cannot be exchanged for cash;
- may be withdrawn or amended for future Projects;
- do not limit any rights that cannot be excluded under applicable law.
If EscrowSource offers "niche-failure protection" or a similar feature, the Platform must clearly disclose what it covers, what it excludes, how to claim, and whether the remedy is a refund, credit, discount, replacement service, or other benefit.
Consumer guarantees and non-excludable rights
Nothing in these Terms excludes, restricts, or modifies any right, guarantee, warranty, remedy, or protection that cannot lawfully be excluded, restricted, or modified, including rights under the Australian Consumer Law.
Where we are permitted to limit our liability for breach of a non-excludable guarantee, our liability is limited, at our option, to:
- resupplying the relevant services; or
- paying the cost of having the relevant services supplied again.
This section prevails over any inconsistent term.
Disclaimers
To the maximum extent permitted by law, the Platform is provided on an "as is" and "as available" basis.
We do not represent or warrant that:
- the Platform will meet your requirements;
- Projects will be successful;
- Buyers will receive suitable goods, suppliers, prices, or outcomes;
- Experts will receive Projects, payments, or income;
- Users will be honest, reliable, qualified, or lawful;
- supplier information, product information, translations, prices, factory details, certifications, or inspection information will be accurate or complete;
- goods sourced through the Platform will be safe, lawful, authentic, compliant, or fit for purpose;
- the Platform will be free from errors, downtime, security vulnerabilities, or data loss;
- any particular commercial outcome will be achieved.
You use the Platform and rely on Buyer, Expert, supplier, product, translation, and third-party information at your own risk, subject to any rights that cannot be excluded by law.
Limitation of liability
To the maximum extent permitted by law, EscrowSource is not liable for:
- loss of profit, revenue, opportunity, goodwill, data, reputation, business, or anticipated savings;
- indirect, consequential, special, exemplary, or punitive loss;
- acts or omissions of Buyers, Experts, suppliers, manufacturers, freight providers, customs brokers, Payment Providers, or other third parties;
- product defects, unsafe goods, counterfeit goods, non-compliant goods, supplier fraud, delivery failure, customs seizure, import refusal, or regulatory action;
- inaccurate translations, supplier information, factory details, prices, certifications, product claims, or inspection reports;
- disputes between Buyers and Experts;
- loss caused by your breach of these Terms;
- loss caused by unauthorised account access where you failed to keep your login details secure;
- downtime, technical issues, data loss, or Platform changes;
- payment delays, failed payments, chargebacks, holds, reversals, or Payment Provider issues.
To the maximum extent permitted by law, EscrowSource's total aggregate liability to you for all claims arising out of or in connection with the Platform or these Terms is limited to the greater of:
- the Platform Fees paid by you to EscrowSource in the 12 months before the event giving rise to the claim; or
- AUD $100.
This limitation does not apply to liability that cannot lawfully be excluded or limited.
Indemnity
To the maximum extent permitted by law, you indemnify EscrowSource and its officers, employees, contractors, agents, and related bodies corporate against losses, claims, costs, expenses, damages, liabilities, and proceedings arising from:
- your breach of these Terms;
- your unlawful, fraudulent, misleading, or negligent conduct;
- your Project, Proposal, Deliverables, goods, services, content, or communications;
- your breach of confidentiality, privacy, intellectual property, sanctions, customs, import, export, tax, or consumer protection laws;
- your request for, supply of, or involvement with prohibited goods or services;
- your dispute with another User or third party;
- your misuse of the Platform;
- your chargeback, payment reversal, failed payment, or payment dispute caused by your breach or misconduct.
This indemnity is reduced to the extent the relevant loss was caused by EscrowSource's fraud, wilful misconduct, negligence, or breach of law.
Force majeure
EscrowSource is not liable for delay or failure to perform obligations caused by events outside our reasonable control, including natural disasters, war, civil unrest, labour disputes, government action, customs delays, sanctions changes, internet outages, cyber incidents, payment network failures, supplier disruptions, logistics failures, platform outages, or third-party service failures.
This section does not limit rights that cannot be excluded by law.
Notices and communications
We may communicate with you through the Platform, by email, by account notification, or by other contact details you provide.
You consent to receive service-related communications, including account notices, Project updates, payment notices, dispute notices, security notices, legal notices, and changes to these Terms.
You must keep your contact details up to date.
Changes to these Terms
We may update these Terms from time to time.
If we make material changes, we will take reasonable steps to notify Users, such as by posting the updated Terms on the Platform, sending an email, or displaying an in-platform notice.
The updated Terms take effect from the date stated in the updated Terms or notice.
If you continue using the Platform after the updated Terms take effect, you agree to the updated Terms.
If you do not agree to the updated Terms, you must stop using the Platform.
Changes will not retrospectively affect an active Project in a way that materially disadvantages a User unless required by law, required by a Payment Provider, necessary for safety, fraud prevention, sanctions compliance, or agreed by the affected parties.
Governing law and jurisdiction
These Terms are governed by the laws of Western Australia, Australia.
Each party submits to the non-exclusive jurisdiction of the courts of Western Australia and any courts that may hear appeals from those courts.
Nothing in this section limits any non-excludable right a User may have to bring a claim in another jurisdiction.
General
If any part of these Terms is invalid, unlawful, or unenforceable, that part will be severed and the remaining parts will continue in force.
Our failure to enforce a right under these Terms does not waive that right.
You must not assign or transfer your rights or obligations under these Terms without our prior written consent.
We may assign or transfer our rights or obligations as part of a business sale, restructure, merger, acquisition, financing, or transfer of Platform operations.
These Terms, together with the Privacy Policy, any Project terms, payment terms, dispute policy, and notices displayed on the Platform, form the agreement between you and EscrowSource regarding your use of the Platform.
Contact
For questions about these Terms, contact us at: contact@escrowsource.net