Specific Warnings and Disclaimers
1 SPECIFIC WARNINGS AND DISCLAIMERS
1.1 SPECIFIC WARNINGS
1.1.1 You acknowledge that Bartercard as the provider of these Website Services may elect to transfer and/or subcontract the management rights or any part or all of the provision of the Website Service to a third party, without notice being sent to Users;1.1.2 We are not obliged to notify you of cancellation. If we do notify you we are not obliged to state any reason for your cancellation;1.1.3 Bartercard retains all of its discretions to reverse or otherwise uphold transactions as it has under the Rules;
1.1.4 If we reverse a transaction whether for your default under these Terms and Conditions or the default of the Bartercard Licensee in your country of membership or in exercise of our general discretion then we may also require that you pay for the delivery of the goods back to you or the other party (as applicable);
1.1.5 You acknowledge that a failure to comply with these Terms and Conditions entitles us to suspend and/or terminate your registered user status.
1.2 SECURITY OF INFORMATION
1.2.1 Unfortunately, no data transmission over the Internet can be guaranteed as totally secure. Whilst we strive to protect such information, we do not warrant and cannot ensure the security of any information which you transmit to us. Accordingly, any information which you transmit to us is transmitted at your own risk. Nevertheless, once we receive your transmission, we will take reasonable steps to preserve the security of such information.
1.3.1 You acknowledge that the information contained within this website in respect of goods and/or services offered for sale is provided by parties other than Bartercard, and that Bartercard does not accept any responsibility for misleading or deceptive information or any omissions or errors in the information provided.
1.3.2 We do not accept responsibility for any loss or damages, however caused (including through negligence), which you may directly or indirectly suffer in connection with your use of this website or any linked website or any transaction that occurs as a result of the use of the website, nor do we accept any responsibility for any such loss arising out of your use of or reliance on information contained on or accessed through this website. We offer no warranties in relation to goods or services sold or listed. We also offer no warranty in relation to the availability of the Website Services.
1.3.3 You acknowledge that we make no representation as to the ownership of title in advertised goods or as to the ability of either a Customer or Merchant to complete a transaction.
1.3.4 To the extent permitted by law, any condition or warranty which would otherwise be implied into these Terms and Conditions is hereby excluded. Where legislation implies any condition or warranty, and that legislation prohibits us from excluding or modifying the application of, or our liability under, any such condition or warranty, that condition or warranty will be deemed included but our liability will be limited for a breach of that condition or warranty to one or more of the following:
126.96.36.199 If the breach relates to goods:
188.8.131.52.1 The replacement of the goods or the supply of equivalent goods;
184.108.40.206.2 The repair of such goods;
220.127.116.11.3 The payment of the cost of replacing the goods or of acquiring equivalent goods;
18.104.22.168.4 The payment of the cost of having the goods repaired;
22.214.171.124 If the breach relates to services:
126.96.36.199.1 The supplying of the services again; or
188.8.131.52.2 The payment of the cost of having the services supplied again.
1.3.5 Bartercard is not an auctioneer. Although we do refer to the Online Auction provided within this website, it is important to realise that we are not a traditional “auctioneer”. Instead we provide a venue to allow members to offer, sell or buy just about anything, at anytime, from anywhere in a variety of formats, including the Online Auction bidding process, eMarketplace Listings, and Directories of Members. We are not involved in the actual transaction between the Customer and Merchant. Bartercard simply provides the venue and the tools to allow for transaction processing and/or assisting trading to occur;
1.3.6 You must ensure that your access to this website is not illegal or prohibited by laws which may apply to you, including using another’s name or password without permission;
1.3.7 You must take your own precautions to ensure that the process which you employ for accessing this website does not expose you to risk of viruses or other form of interference which may damage your own computer system. For the removal of doubt, we do not accept responsibility for any interference or damage to your own computer system which arises in connection with your accessing of this website or any linked website;
1.3.8 Whilst we have no reason to believe that any information contained on this website is inaccurate, we do not warrant the accuracy, adequacy or completeness of such information, nor do we undertake to keep this website updated. We do not accept responsibility for loss suffered as a result of reliance by you upon the accuracy or currency of information contained on this website;
1.3.9 Responsibility for the content of advertisements appearing on this website (including hyperlinks to advertisers’ own websites) rests solely with the advertisers. The placement of such advertisements does not constitute a recommendation or endorsement by us of the advertisers’ products and each advertiser is solely responsible for any representations made in connection with its advertisement nor does Bartercard guarantee the items being displayed on the member’s personal website are on Trade;
1.3.10 You acknowledge that we do not represent any party to a transaction, nor are we an agent for the Merchant or the Customer. Unless expressly stated to the contrary, we do not endorse or have an interest in the goods which are being sold and we do not accept responsibility for defective goods, including the failure of goods to be of merchantable quality. We have no control over the availability, quality, safety or legality of advertised goods, we do not warrant the truth or accuracy of listings and we have no control over representations made by any party. Customers buy and Merchants sell at their own risk;
1.3.11 We are not responsible for any loss whatsoever that a User may suffer including but not limited to economic loss in the event a transaction is not processed due to any case whatsoever, including but not limited to, technical difficulties affecting our system or a scheduled outage;
1.3.12 We are not responsible for any loss whatsoever a User may suffer including, but not limited to, economic loss, for reliance on Support Centre content, guidelines or comments from Bartercard staff.
1.4 EXEMPTION TO DISCLAIMER
1.4.1 The disclaimer set out in these Terms and Conditions does not attempt or purport to exclude liability arising under statute, if, and to the extent, such liability cannot be lawfully excluded.
1.5 LIABILITY AND INDEMNITY
1.5.1 You agree that we will be under no liability to you in respect of any loss or damage (including indirect, special or consequential loss or damage) which may be suffered or incurred by you or which may arise directly or indirectly in respect of goods or services supplied pursuant to the Website Services or in respect of a failure or omission on the part of the other party to a transaction;
1.5.2 You release and indemnify us and shall keep us indemnified against all actions, claims and demands (including the cost of defending or settling any action, claim or demand) which may be instituted against us arising out of a failure by us to comply with these Terms and Conditions or a failure by the other party to a transaction to complete a sale or satisfy the requirements of a sale;
1.5.3 You also release and indemnify us and shall keep us indemnified against all actions, claims and demands (including the costs of defending or settling any action, claim or demand) which may be instituted against us arising our of any act or omission on your part, including but not limited to a failure by you to comply with your obligations under these Terms and Conditions.
1.6 LINKED WEBSITES
1.6.1 This website may contain links to other websites (“linked websites”). Those links are provided for convenience only and may not remain current or be maintained;
1.6.2 We are not responsible for the content or privacy practices associated with linked websites;
1.6.3 Our links with linked websites should not be constructed as an endorsement, approval or recommendation by us of the owners or operators of those linked websites, or of any information, graphics, materials, goods or services referred to or contained on those linked websites, unless and to the extent stipulated to the contrary.
Intellectual Property Notices
2 INTELLECTUAL PROPERTY NOTICES
2.1.1 Copyright in this website (including text, graphics, logos, icons, sound recordings and software) is owned or licensed by us. Other than for the purposes of, and subject to the conditions prescribed under, the Copyright Act 1968 (Commonwealth) and similar legislation which applies in your location, and except as expressly authorised by these Terms and Conditions, you may not in any form or by any means:
184.108.40.206 Adapt, reproduce, reverse engineer, store, distribute, print, perform, publish or create derivative works from any part of this website; or
220.127.116.11 Commercialise any information, products or services obtained from any part of this website; without our written permission.
2.2 TRADE MARKS
2.2.1 Except where otherwise specified, any word or device to which is attached the ™ symbol or ® symbol is a registered trade mark;
2.2.2 If you use any of our trade marks in reference to our activities, products or services, it is your responsibility to include a statement attributing that trade mark to us. It is your responsibility not to use any of our trade marks:
18.104.22.168 In or as the whole of part of your own trade marks;
22.214.171.124 In connection with activities, products or services which are not ours;
126.96.36.199 In a manner which may be confusing, misleading or deceptive; or
188.8.131.52 In a manner that disparages us or our information, products or services (including this website).
2.3 RESTRICTED USE
2.3.1 Unless we agree otherwise in writing, you are provided with access to this website only for your personal use as a Bartercard member. You are authorised to print a copy of any information contained on this website for your personal use, unless such printing is expressly prohibited. Without limiting the foregoing, you may not on-sell information obtained from this website.
General Provisions and Terminology
3 GENERAL PROVISIONS AND TERMINOLOGY
3.1.1 We accept no liability for any failure to comply with these Terms and Conditions where such failure is due to circumstances beyond our reasonable control;
3.1.2 If we waive any rights available to us under these Terms and Conditions on one occasion, this does not mean that those rights will automatically be waived on any other occasion;
3.1.3 If any of these Terms and Conditions is held to be invalid, unenforceable or illegal for any reason, then to the extent of such unenforceability, invalidity or illegality it is to be severed from this Agreement and the remaining Terms and Conditions shall nevertheless continue in full force;
3.1.4 If any Terms and Conditions of this Agreement together with the Rules, Terms and Conditions of the Membership Agreement of the country where your membership is held (as applicable) and any Policies published on this website or the website in use becomes invalid or unenforceable for any reason, then that invalidity or unenforceability will not affect the validity or enforceability of any of the other separate and independent clauses, covenants and restraints in the aforementioned agreements;
3.1.5 You agree that you will only use the website and the information derived from the website solely for the legitimate purposes contemplated by these Terms and Conditions and in accordance with these Terms and Conditions;
3.1.6 In addition to these Terms and Conditions, you agree to comply with any policies, rulings, procedures, systems and/or forms that we place on this website;
3.1.7 You agree to act honestly and reasonably in all of your dealings in relation to or on the website.
3.2 TERMINATION OF ACCESS
3.2.1 Access to this website may be terminated at any time by us without notice. Our Section Specific Warnings & Disclaimers will nevertheless survive any such termination.
3.3 GOVERNING LAW
3.3.1 These Terms and Conditions are governed by the laws in force in the United Kingdom due to the hosted location and venue.
3.4.1 In these Terms and Conditions, the following expressions have the following meanings, unless the context otherwise requires:
184.108.40.206 “Bartercard International” and “Bartercard.co.uk” means Bartercard International Limited and its officers, employees, agents and authorised entities (including Bartercard International Pty Ltd and its officers, employees and agents of any controlled subsidiary);
220.127.116.11 “Bartercard Licensee” means the entity that operates the Bartercard System within a particular jurisdiction;
18.104.22.168 “Closed Auction” refers to an “Auction” that has closed and either a Transaction (sale/purchase) has been Processed or the Auction has “Declined”. A “Closed Auction” does not necessarily refer to the ending/closing time indicated on the advertisement. In the event of a “Closed Auction”, both Customer and Merchant will be notified by the dispatch of an email notification.
22.214.171.124 An “Outstanding” transaction, one where the transaction is being reviewed, is not deemed to be “Closed”;
126.96.36.199 “eCommerce Administrator” means the administrator of the Members Trading Portal, Global Public Website and/or any other Bartercard operated website;
188.8.131.52 “eTCO’ means an eCommerce Trade Co-ordinator;
184.108.40.206 “Good Standing” means a member who is current in any fees and charges owing to Bartercard, is trading within its Credit Limit and otherwise conducts itself in accordance with the Rules and these Terms and Conditions;
220.127.116.11 “Member” means a business or individual that has subscribed for membership to the Bartercard Trading Program and wants to exchange its goods and/or services with other members within the Bartercard Trading Program. This is irrespective of the country of origin;
18.104.22.168 “Members Trading Portal” means an online application that provides facilities for Bartercard members. The Members Trading Portal enables distribution of information, transactions to be undertaken and details to be managed;
22.214.171.124 “Policies” means policies published within the Active Policies section of the Support Centre Knowledge Base as updated from time to time. These policies form part of these Terms and Conditions;
126.96.36.199 “Registered User” and “Registered Users” means a member of the Bartercard Trading Program, irrespective of their country of origin, who is in good standing and who has completed the registration process provided within this or other Bartercard websites;
188.8.131.52 “Related Parties” means any related parties and/or related accounts to you (whether by ownership, influence or control, whether directly or indirectly, whether in the same region or in other regions globally) and any persons using cards issued under or in relation to those accounts (including staff accounts);
184.108.40.206 “Rules” means the Bartercard Rules of the Trading Program;
220.127.116.11 “Sufficient Funds” means that the current balance of your Bartercard account, less any outstanding purchases and including your approved Credit Limit, exceeds the amount required to complete the purchase transaction;
18.104.22.168 “Trading Program” means the Bartercard Trading Program that enables members to trade with each other using the Bartercard System;
22.214.171.124 “we”, “us”, “our” and “Bartercard” means Bartercard International Limited EC 27608, all companies within its group, any relevant manager or contractor appointed by Bartercard International Limited and the licensed Bartercard operation in your country of membership and any franchise or sub-licenced operation (as applicable);
126.96.36.199 “Website Services” means any and all services provided electronically by Bartercard.