Login Lost Password Register    Register For The Bartercard Members Portal All members must complete the following registration process in order to access the Bartercard Members Portal. The registration process will generate you a personal eBARTERpass..... enabling you to login in succesfully in future. This process will only take a few moments. To commence, please read through the site Terms and Conditions of Use below and click Continue to proceed. User Agreement members.bartercard.com GENERAL SITE TERMS OF USE Bartercard Online Terms and Conditions 1 OVERVIEW 1.1 Welcome to the Bartercard.com Online Terms and Conditions. This agreement describes the Terms and Conditions that govern the use of this website, and other Bartercard applications linked to by this website, including but not limited to participation in the Online Auction, eMarketplace, transaction processing tools, Statements Online or any other Online member information 1.2 References to Bartercard shall, for the purposes of the Agreement mean Bartercard International Limited (Bermuda), all companies within its group and it’s Franchises (both national and regional) 1.3 In using this website and any other Online Bartercard service, you agree to be bound by these Terms and Conditions together with the Bartercard Rules of the Trading Program, Terms and Conditions of the Membership Agreement of the country where your membership is held and any Policies published on this website 1.4 You must ensure that you are aware of the Rules of the Trading Program (in particular in respect of the fees chargeable), and disclaimers and important notices herein, as they are binding legal agreements 1.5 If you do not accept these Terms and Conditions, you must refrain from using the website 1.6 Where there is any express conflict or inconsistency between these Terms and Conditions, Policies and the Rules of the Trading Program and/or the Terms and Conditions of the Membership Agreement, then to the extent of such express conflict or inconsistency, these Terms and Conditions shall prevail for the purposes of the use of this website 1.7 Where the Customer and Merchant are from different countries then Bartercard may at its sole discretion determine the applicable Rules governing that transaction (if Bartercard believes in any instance that this is required) 1.8 We hope you enjoy the Bartercard Online Experience 2 RIGHTS AND OBLIGATIONS 2.1 RIGHTS AND OBLIGATIONS OF YOUR USE OF OUR SERVICES 2.1.1 We reserve the right to amend these Terms and Conditions from time to time. Amendments will be effective immediately upon notification on this website. Further notification of changes in these Rules will be provided as part of our regular email communication with the Members of the Bartercard Trading Program, and more specifically the Registered Users of this website. However, any continued use of this website will constitute acceptance of any updated Rules, Terms, and Conditions. 3 PARTICIPATION IN WEBSITE SERVICES 3.1 Only a member of the Bartercard Trading Program who is 18 years or over and in good standing as defined in the Rules may participate in the use of the Bartercard Members Trading Portal (part of Bartercard.com Online) 3.1.1 Acknowledgment: - 3.1.1.1 By accepting the Terms and Conditions you acknowledge and accept that any transactions conducted Online are solely between the Customer and the Merchant, and all responsibility and liability in respect to the transaction of the sale is between the two parties 3.1.1.2 Any loss that occurs to either party is in no way any fault of Bartercard and you will indemnify and hold harmless Bartercard from any such loss 3.1.2 Consent. You hereby give your consent to the following: - 3.1.2.1 As a merchant you allow us to use details or information about your listings on the website as promotional material to be sent to Bartercard staff and members within the Bartercard trading program worldwide 3.1.2.2 As a customer you agree to accept emails that directly relate to your bid, purchase, decline or any other transactional information from the website 3.1.2.3 As a member you agree Bartercard can send to you or inform other members of Personal Information including but not limited to your:- A - Email addresses B - Phone number C - Contact name D - or, any other correspondence data that may aid in a transaction being completed in accordance with the Trading Program 3.1.2.4 As a User you agree that Bartercard from time to time can send you promotional material about Bartercard sales information from other members 3.1.3 You acknowledge by registering on the website you may be automatically eligible for and or entered into competitions, prizes and awards and therefore as a User you consent to any rules and regulations that are associated with that competition, prizes and/or award 3.1.4 National Licensee Censorship. Some content may be objectionable to a Bartercard member in a particular country. Please be advised that the Bartercard Licensee has the power and discretion to remove such objectionable content if made by a member from that country. 3.1.5 Username and Password. Upon registering, you will receive a username and password. You are responsible for maintaining the confidentiality of your password, and are fully responsible for all activities that occur under your password or account. 3.1.6 Merchant/Shipping Costs. The Merchant has the choice to list the item with the following selection of: - 3.1.6.1 Customer to pay Shipping Costs: It is the Customer’s responsibility to pay for the shipping either before or after delivery (as agreed to by both parties). It is the Merchant’s responsibility to package the goods appropriately and arrange for delivery of the goods to the Customer’s delivery address. 3.1.6.2 Merchant to pay Shipping Costs: The Merchant is responsible for all aspects of delivery including packing and sending the item to the Customer’s delivery address. 3.1.6.3 Customer to Pick Up: It is the Customer’s responsibility to arrange for collection of the item from the Merchant’s delivery address either in person or by courier or by means agreed by Customer and Merchant. The Merchant is responsible for packing the goods appropriately. 3.1.6.4 See Item Description: All aspects of delivery are clearly laid out within the listing, and the Customer in bidding/buying accept these. 3.1.6.5 Will split costs 50/50: It is both parties responsibility to ensure that delivery is paid for. It is the Merchant’s responsibility to ensure that goods are packaged appropriately and are sent to the Customer’s delivery address. 3.1.7 It is your responsibility as the Customer to ensure that you know and agree to the Shipping Costs and Shipping Limits BEFORE placing a bid or making a purchase, and your responsibility as the Merchant to list the correct Shipping Costs and Shipping Limits. 3.1.8 Merchant’s Specification on Sale. Users acknowledge that once the Merchant makes the choices as to the conditions of the sale and selects “Post Listing” that this constitutes an irrevocable offer to treat to the world at large. It is capable of conditional acceptance by a Customer who clicks Buy Now or Bid Now. Accordingly the Customer must understand that once he/she presses Bid Now or Buy Now, that that is an irrevocable acceptance of the Merchants conditions and must adhere to those conditions and pay if necessary. It is not an offer to negotiate; it is now a legally binding commitment. 3.1.9 Merchant’s Listing. The Merchant acknowledges and accepts that they are making an irrevocable offer to treat to the highest bidder at or above the reserve on the Online Auction or to the Customer willing to purchase at the set price and quantity on the eMarketplace 3.1.10 Risk for loss and damage to the goods passes to the Customer upon: - 3.1.10.1 Dispatch by the Merchant if the Customer is responsible for delivery of the goods or pick up or collection 3.1.10.2 Actual delivery to the Customer if the Merchant is responsible for delivery of the goods 3.1.10.3 The parties should consider insuring the goods accordingly 3.1.11 Bartercard Is Only a Venue. Users of the website acknowledge and accept that Bartercard is only a facilitator/venue and not an auctioneer for transactions to occur, Bartercard is not in anyway: - 3.1.11.1 To be considered a Merchant of any goods or services on the website unless expressly stated otherwise by Bartercard 3.1.11.2 Endorser/promoter or representor of the truthfulness or accuracy of any statement made on the website and accordingly all legal relations are between you and the other party 3.1.12 Notify Unauthorized Use. You must notify Bartercard immediately of any unauthorized use of your password or account, or any other breach of security 3.1.13 Logging Out. It is your responsibility to ensure that you log out completely at the end of each user session 3.1.14 Use Site for Trading Only. No communications other than for enquiry relating to a product or service listed on the website shall be permitted within the website. This includes the use of the email member functions provided and harvesting of email addresses. 3.1.15 Currency. Please be aware that items are listed in the currency of the Merchant. Currency is denoted by the country’s three letters before the T symbol, i.e. AUD – Australian Dollar – Australia CYP – Cypriot Pound – Cyprus EGP – Egyptian Pound – Egypt HKD – Hong Kong Dollar – Hong Kong JOD – Jordanian Dinar – Jordan KWD – Kuwaiti Dinar – Kuwait USD – US Dollar – Lebanon NZD – New Zealand Dollar – New Zealand QAR – Qatari Rial - Qatar LKR – Sri Lanka Rupee – Sri Lanka THB – Thai Baht – Thailand AED – United Arab Emirates Dirham - UAE GBP – Great British Pound – United Kingdom 3.1.16 Rates of Exchange. The rates of exchange for transactions inter-country are available on the website. You are responsible for all calculations associated with exchange rates and charges. 3.1.17 Warranty and Indemnity by You as Merchant: - 3.1.17.1 You warrant that your registration details are true and accurate at all times and shall remain true and correct during all material times 3.1.17.2 You acknowledge that this website is not made available for Online Auction and eMarketplace sales involving the following and hereby warrant that you will not list or bid on or buy the following: - 3.1.17.2.1 Illegal or illicit goods 3.1.17.2.2 Cash 3.1.17.2.3 Cash Vouchers 3.1.17.2.4 Products or services that are prohibited by applicable laws (including but not limited to goods that infringe intellectual property laws of any country, in particular the trademark and copyright laws, and/or the intellectual property rights of a third party) 3.1.17.2.5 Offensive goods (including goods of a defamatory or ethnically objectionable nature) 3.1.17.2.6 Tickets to events that may contravene scalping laws or have a face value in cash 3.1.17.2.7 Stolen goods 3.1.17.2.8 Goods which have been illegally imported 3.1.17.2.9 Goods which require or involve an illegal import or export in order to complete the transaction 3.1.17.2.10 Animals and Wildlife 3.1.17.2.11 Replica and Counterfeit Items 3.1.17.2.12 Stocks and Securities 3.1.17.2.13 Any item which in the reasonable opinion of Bartercard would be offensive, including but not limited to racist and sexist material 3.1.18 As a merchant you hereby warrant that all goods listed will be unencumbered and free from any third party claim or interests which may prejudice the ownership rights or interests of the Customer. You as a User agree to indemnify us against any liability which we may incur to a third party whatsoever and howsoever arising out of the sale or listing of goods or services by you in connection with the Online Auction/eMarketplace process whether according to contract, tort or legislation 3.1.19 It is your responsibility to ensure and you hereby warrant to us and the Customer that: - 3.1.19.1 Goods being offered for sale are accurately described (including any faults, defects etc) in the listing 3.1.19.2 All relevant and material information concerning the goods being offered for sale is contained in the listing 3.1.19.3 The goods are in your possession 3.1.19.4 You have undisputed ownership at the time of placing the listing and will remove the listing at anytime 3.1.19.5 You have not and will not list the same item that you have listed on the website in any other medium whilst your listing is current on the website 3.1.20 You as a merchant warrant that you must be bound by the choice you make when setting conditions for the sale and therefore must be careful in your choice before selecting “Post Listing”, because a Customer accepts those conditions you set when you selected “Post Listing”. The shipping conditions you set is an irrevocable offer you are making which you can not resolve. 4 THE ONLINE AUCTION – Additional Information 4.1 The Online Auction extends by a period of time when bids are placed within the closing minutes of an auction (Refer to the Online Support Centre for more information) 4.2 The highest bidder at the time of auction closing, whose bid is at or above the reserve Price and who satisfies the requirements of clause (“Highest Bidder”), will win the Auction subject to the transaction being able to take place 4.3 A Standard Auction is a listing containing ONE parcel of goods to be bid upon 4.4 If a proxy bid is placed the system will automatically bid up to the requested amount on behalf of the bidder (refer to the Online Support Centre for more information on bidding) 4.5 You agree not to place a bid solely with the intention of increasing the Auction items price, this includes collaborating with another member or engaging in this conduct through a Related Party 4.6 You agree not to engage in bid-siphoning by contacting a bidder in a separate auction and offering to undercut the Merchant in that auction 4.7 The purchaser makes a bid, and the bid is construed as not a bid of an offer but is a conditional acceptance of an offer to treat which the Merchant is deemed to have accepted after the Close of Auction 4.8 DUTCH AUCTIONS 4.8.1 When placing a bid on a Dutch Auction the bid is placed as the price PER item 4.8.2 A Dutch Auction is a listing containing more than one of the same item. All items contained within a Dutch Auction must be identical 4.8.3 If you are the Merchant of a Dutch Auction, you agree to sell the goods to the Highest Bidder in such quantities as are specified in the bid. In a Dutch auction, bidders bid on the items for either the entire quantity or any amount below this. The bidding will only increase the price of the items by one increment once all items have been bid for at the higher increment price. If all of the items have not been bid for at the higher incremental amount, the items will sell at the price that all items were bid for at. 5 MERCHANT’S FURTHER OBLIGATIONS 5.1 You agree to list the product with a starting bid, reserve price or sale price that represents a fair price that equates to the normal selling price or below for that item after having regard to the principle that one unit of the relevant trade currency equals one unit of the relevant country currency eg: One US Trade Dollar equals One US Dollar. Starting bids, reserve prices or sale prices deemed to be excessive by Bartercard may be removed at our discretion. It is accepted that the final selling price for auctions may be higher than the normal selling price of the product due to the auction process, but reserve price can not be set higher than the normal selling price for this to be forced to occur. 5.2 By listing an item, you are making an irrevocable offer to sell at or above your reserve price on an Online Auction or at your stated price on the eMarketplace 5.3 You accept full responsibility for incorrect or inaccurate listings or for inappropriate listing categorization. All motor vehicle listings must be placed within one of the Automotive Categories available. 5.4 If you choose to list adult or mature audience products please be aware they must be listed under the Adult Category. We reserve the right to censor such products otherwise we will remove them. 5.5 You agree not to sell the item that you have listed on the Online Auction or eMarketplace in any other way during the time of the listing. Bartercard will not whilst there is any bid current, remove a listing from the website where the Merchant has sold the item elsewhere or decides not to sell it. 5.6 Accordingly the Merchant takes the risk to be liable to the Customer who has acted in good faith and bid for or purchased the item in circumstances where the Merchant has breached these rules by listing and/or selling the item for sale elsewhere 5.7 You agree not to re-list or sell an item until notified that any outstanding sales have been removed or declined 5.8 You agree not to place multiple listings for the same item if only one item is available 5.9 Once the transaction has been made if there is a successful bidder/Customer it is your responsibility to directly contact the Customer immediately after the confirmed purchase to organize to collection of the goods within 30 days nationally and 45 days internationally. You will be deemed to have received the notification from the time that the notification is registered as having been sent to you by the Bartercard system. 5.10 It is the Merchants responsibility to ensure the goods are packaged appropriately and that dispatch documentation is retained for at least 6 months. Please note the limitation of actions for bringing prosecution is normally 6 years, therefore you may wish to keep it longer 5.11 If as the Merchant you have not had contact regarding the pick up of the product within the specified timeframe you may within 30 days lodge a dispute notice with your Brokerage (refer to Online Support Centre). However you acknowledge it is not up to Bartercard to resolve the dispute although Bartercard may exercise its discretion according to the Rules. In order for a dispute to be lodged you must have made every effort to resolve the dispute on your own. 5.12 We may delete or refuse to list any or all goods and services at our discretion 5.13 The listing may be edited in full by the Merchant (including closing of the listing) prior to bids being placed. Once bids have been placed, the Merchant may only ADD to the description. No pictures may be added once bids have been placed. The eMarketplace listings can be edited in full up until the time it is sold or closed. 5.14 All items listed must be listed at full trade and inclusive of all country taxes, including any Value Added Tax, Sales Tax and Goods and Services Tax etc, applicable upon the sale of an item within the merchant's jurisdiction. The items will not be listed inclusive of any additional import/export taxes, levies, duties or other shipping taxes directly applicable due to the customer being located in a different jurisdiction to that of the merchant. It is up to the customer and merchant to negotiate the payment of these taxes, levies and duties between them. It is strongly recommended that the merchant determines these costs before listing shipping limits Merchant to Pay and the Customer investigates these costs before purchasing an item that states shipping is Customers responsibility. 6 CUSTOMER/BIDDERS OBLIGATIONS 6.1 Bids/Purchases are made by the Bidder clicking Buy Now or Bid Now. You as a User acknowledge that bids and purchases are irrevocable acceptances of the Merchants conditions; therefore a bid/purchase once made is not retractable or able to be cancelled. 6.2 If you are the Highest Bidder and you are notified by email and/or Online within the “Manage Auctions” area that your bid has been successful or if you are the successful purchaser of an eMarketplace listing, it is your responsibility to directly contact the Merchant immediately after the confirmed purchase to organise to receive/pick up the goods within 30 days nationally and 45 days internationally. You will be deemed to have received the notification from the time that the notification is registered as having been sent to you by the Bartercard system. 6.3 If you as the Customer do not receive the product within the specified timeframe you may within 30 days lodge a dispute with your Brokerage (refer to Online Support Centre), acknowledging it is not up to Bartercard to resolve the dispute. In order for a dispute to be lodged you must have made every effort to resolve the dispute on your own. 6.4 I as a purchaser acknowledge the Merchant lists the goods inclusive of all government taxes, levies and charges 6.5 WARRANTY AND INDEMNITY BY YOU AS CUSTOMER 6.5.1 By making a bid or purchase, you warrant and represent that you have the legal right to enter into and complete the transaction 6.5.2 By making a bid or purchase, you warrant and represent that at the time of the conclusion of the Auction or at the time of purchase on the eMarketplace that you will have Sufficient Funds in your Bartercard Account and your account has not been suspended or subject to any other restriction which would prejudice your ability to make a bid or purchase and are in all other respects in good standing 6.5.3 You as Customer agree to pay the shipping cost if you place a bid where the merchant has made it a condition of the sale 6.5.4 You as a Customer warrant and understand that funds deemed to be available by Bartercard 6.5.5 Statements Online may not be accurate at the time of a transaction, and therefore Bartercard accepts no responsibility if funds available are insufficient for any transaction 6.5.6 You as a Customer agree to negotiate and where relevant pay any additional import/export taxes, levies and duties 6.6 DELAYED TRANSACTIONS - (specifically relating to Auction transactions) 6.6.1 A delayed transaction occurs when the Members Trading Portal is unable to process the transaction automatically, due to the Customer having Not Sufficient Funds (NSF) to cover the amount of the transactions, incorrect card number, account temporarily suspended from making sales/purchase, outstanding fees or any other reason that may prevent automated processing 6.6.2 Both parties, the Merchant and Customer, will receive email notification stating the transaction has been delayed and an outcome will be advised by Bartercard in due course. No product should be sent prior to notification that the transaction has been processed. 6.6.3 All transaction outcomes are advised by email. If the transaction has been processed the email will contain a transaction number. 6.6.4 No product should be delivered or collected prior to the Merchant receiving notification from the eCommerce Administrator of the transaction (including the transaction number) via email. Please read your emails carefully to establish a transaction has been processed. 6.6.5 In the event that you are unable to obtain your emails or a technical issue has resulted in your being unable to receive email, please check your “Manage Auctions” area of the website, or alternatively, contact your Brokerage 6.6.6 Bartercard does not accept responsibility for any transactions that are delayed and end up declining 7 SPECIAL TERMS FOR ENTRYPROTECT SOFTWARE 7.1 These conditions only apply to Members Trading Portal EntryProtect Software and your use of it 7.2 Bartercard itself and/or under license may from time to time provide Bartercard Members with the Secure Access Card, and/or an anti-key logging and encryption service (“Password Protection Product”) 7.3 In using the Password Protection Product, you acknowledge and confirm that the following specific terms and conditions apply in addition to the other terms and conditions throughout this Agreement 7.4 The owner, developer and/or licensor of the Password Protection Product and Bartercard, its associates, licensees, franchisees, employees and contractors, provide no warranties, guarantees and/or indemnities in respect to the Password Protection Product whatsoever and any and all password protection ultimately remains the sole responsibility of the relevant Member 7.5 YOUR PASSWORD AND SECURITY RESPONSIBILITIES: You warrant: - 7.5.1 That the password you choose to access any Bartercard service will not be the same as, or similar to, any other personal identification number you have for any other account you have with or service provided by Bartercard, its licensees, franchisees and/or associates 7.5.2 To take reasonable care when accessing any Bartercard service to ensure that your password is not disclosed to any other person, in particular ensuring that you are not observed whilst entering your password on your computer 7.5.3 To check your account records carefully, and promptly advise in writing the Bartercard Licensee in your Territory of any error or discrepancy or unauthorized transaction 7.5.4 To notify the Bartercard Licensee in your Territory immediately in writing if your password has become or may be known to anyone other than you; and to establish and maintain appropriate anti-virus and other security software on your computer to protect you from theft and unauthorized access by any person you have not authorized to use any Bartercard service, whether such person is employed by you or not 7.6 YOU WARRANT NOT TO 7.6.1 Select an unsuitable password such as family or street names, birth dates or months 7.6.2 Sequential numbers (e.g. AB3456), parts of personal telephone numbers or other 7.6.3 Easily accessible personal data, or number or letter combinations that may be easily identified (e.g. AA1111 or 11ABCD) 7.6.4 Permit any other person to use your password 7.6.5 Disclose your password to any other person including family members or those in apparent authority, including bank staff 7.6.6 Keep a written record of your password 7.6.7 Leave your computer unattended and logged on to any Bartercard service 7.6.8 And open attachments or run software from un-trusted or unknown sources 7.7 Bartercard currently licenses the Password Protection Product, EntryProtect from SentryBay Corporation Limited, which we are instructed by SentryBay: is compatible with Internet Explorer 5.5 and above, Firefox 1.0 and above. • is compatible with Windows 2000/XP • the file that a user downloads for a web-based deployment is approximately 125KB for Firefox and 225K for Internet Explorer 8 SPECIAL PROCESSES FOR STATEMENTS ONLINE 8.1 Statements online is a facility to allow certain members access to view current and archived Bartercard statements on the members trading portal 8.2 We are not liable for any loss, damage or consequential loss or damage if you use or attempt to access Statements Online without using suitable software 8.3 We can suspend your access to Statements Online or any function or service incorporated in Bartercard Members Trading Portal at any time 8.4 Information provided by Statements Online is supplied by your Local Country Licensee. Therefore if you have any issues concerning the details, please contact them. 8.5 Bartercard International is indemnified against any assumptions that details are correct 8.6 General access to Statements Online is prescribed only to Main Account Name, Account Signatory and the Invoice Name Only. It is not available in all areas and to all members 8.7 When a new person registers for the first time, they will not have Statements Online access for up to one month 9 SMSPOS REGISTRATION AND ONGOING USE 9.1 These conditions only apply to Bartercard Mobile Transactions and your use of it, hereafter known as SMSPOS 9.2 SMSPOS is a facility that uses the Bartercard program to conduct balance enquiries and transactions. In using this facility you also utilise a third party product developed and owned by F12 Ltd of Budapest, Hungary. Bartercard International has a commercial agreement to make the MoneyGUARD facility available for use by Bartercard members (subject to application and approval) with Transec Ltd, Trading As SMS (Spectrum Message Service). 9.3 You as a Member agree that you will be responsible for payment of fees incurred using SMSPOS including but not limited to: - A - SMSPOS fees, B - Fees for the use of your own Telco Carrier; and C - Fees charged, if any, by the Bartercard National Licensee 9.4 You acknowledge that you will be responsible for all direct charges billed by your telecommunications company for sending/receiving SMS messages connected with the service 9.5 You also acknowledge that the licensee may charge a fee to members in its country as a charge in administering this service 9.6 You acknowledge that the under no circumstances will Bartercard International Limited or companies in the group that are not Licensees, be liable for any loss associated with use of the facility by whatsoever or howsoever arising 9.7 You acknowledge that under no circumstances will companies in the Bartercard group be liable for any Telco or carrier of messages. Members may wish to check sales have been processed by contacting their local Bartercard office. 9.8 Whilst Bartercard International Limited facilitates the SMSPOS facility and uses MoneyGUARD product as a service delivery to the Bartercard Licensees, we accept to no liability whatsoever for the use of the product or the business processes adopted regionally in a country by that countries Licensee 9.9 In the event of any problems concerning the use of SMSPOS, interaction with other members or fees incurred, you will need to contact your National Country Licensee direct. Bartercard members therefore must look to their National Licensee in respect of rights and obligations when using the SMSPOS facility 9.10 In using the SMSPOS facility, you are advised to use no less precaution in their commercial dealings than they would if conducting a trade in any other environment or using any other transaction tools. SMSPOS process offers no form of additional protection to users. It is intended as a benefit to members in the use of the technology for convenience only. 9.11 We suggest that merchants need to maintain proof of sale by obtaining and retaining a signature from the purchaser or some other suitable proof 9.12 We suggest that purchasers need to conduct the same levels of due diligence and care in purchasing goods or services by use of the SMSPOS facility as they would in any other form of transaction 9.13 By selecting the ‘send’ button on the mobile phone or submitting the SMS in any other way, the merchant acknowledges the consent of the purchaser to transact funds and that proof of sale and consent can be provided in the event a transaction is disputed. The ‘send’ function is acceptance by the merchant that the funds are being transacted and that this represents a bona fide transaction in line with the Rules of the Trading Portal. The receipt of a confirmation transaction is not necessarily assured. 9.14 Transactions processed through SMSPOS are processed in part through an independent third party service provider to Bartercard. Bartercard accepts no responsibility for the delivery of service by independent third party service providers. To the extent permitted by law, 9.15 Subject to any responsibilities implied by law and which cannot be excluded, no member of the Bartercard Group is liable to you for any losses, damages, liabilities, claims and expenses (including but not limited to legal costs and defence or settlement costs) whatsoever arising out of or referable to material on the Bartercard Web Site or to Third Party material, whether in contract, tort including negligence, statute or otherwise 9.16 SMSPOS and all associated facilities, including SMS notifications, are only an electronic gateway to facilitate the transfer of funds and are not to be used as an invoice, receipt or statement etc. The Merchant is responsible to provide the customer with an invoice and statement for the goods or services they provide if applicable. 10 SPECIAL NOTICE FOR CREDIT CARD PAYMENTS 10.1 Payments made through the “Pay My Fees”, are processed through an independent third party service provider to Bartercard. Bartercard accepts no responsibility for the delivery of service by independent third party service providers. To the extent permitted by law, 10.2 Bartercard accept no liability in respect of such third party services and Bartercard provide no warranty and give no endorsement in respect of such services or any party connected with them. We do, however, welcome your feedback or suggestions concerning these services. 10.3 Cash Fees Due & Payable are derived from current month Opening Cash Balance less current month Payments where, also ensuring that prepayments, charge reversal credits etc are not incorporated into the payments received amount) 10.4 Bartercard International accepts no responsibility for errors etc and if errors are found, kindly contact the local country Bartercard licensee 10.5 Whilst your credit card will be charged, payments made by Credit Card will not be immediately deducted from the either the amount shown under Cash Fees Due & Payable in the Bartercard system, nor will they be deducted from Cash Fees Due and Payable located on the Members Trading Portal. This may be due to data transfer issues, date in the month or infrastructure issues. Payments will generally be deducted from the amount shown as owing by the local country Bartercard Licensee on the next working day. 10.6 We are not responsible for errors made in authorizing deduction against your credit card. If an error is made, contact your Bartercard Licensee in your country. 10.7 It is your responsibility to check your statement to ensure that the amount being displayed as Cash Fees Due and Payable and the amount being authorized for payment are in accordance with the amount being paid 10.8 It is your responsibility to ensure that the details are correct when completing a credit card payment. We take no responsibility for payments made to incorrect Bartercard accounts. 10.9 Subject to any responsibilities implied by law and which cannot be excluded, no member of the Bartercard Group is liable to you for any losses, damages, liabilities, claims and expenses (including but not limited to legal costs and defence or settlement costs) whatsoever arising out of or referable to material on the Bartercard Web Site or to Third Party material, whether in contract, tort including negligence, statute or otherwise 10.10 We will keep any information (including your Credit Card details) confidential. We will make reasonable efforts to keep any such information about you secure and that any of our employees, agents and in this case, service providers, who have access to information about you do not make unauthorized use, modification, reproduction or disclosure of that information. We will only disclose this information to the extent specifically required by law. 11 SPECIFIC WARNINGS & DISCLAIMERS 11.1 SPECIFIC WARNINGS 11.1.1 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 11.1.2 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 11.1.3 Bartercard retains all of its discretions to reverse or otherwise uphold transactions as it has under the Rules 11.1.4 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) 11.1.5 You acknowledge that a failure to comply with these Terms and Conditions entitles us to suspend and/or terminate your registered user status 11.2 SECURITY OF INFORMATION 11.2.1 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. 11.3 DISCLAIMER 11.3.1 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 11.3.2 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. 11.3.3 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 11.3.4 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: - 11.3.4.1 If the breach relates to goods: - 11.3.4.1.1 The replacement of the goods or the supply of equivalent goods 11.3.4.1.2 The repair of such goods 11.3.4.1.3 The payment of the cost of replacing the goods or of acquiring equivalent goods 11.3.4.1.4 The payment of the cost of having the goods repaired 11.3.4.2 If the breach relates to services: - 11.3.4.2.1 The supplying of the services again; or 11.3.4.2.2 The payment of the cost of having the services supplied again 11.3.5 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. 11.3.6 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 11.3.7 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. 11.3.8 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. 11.3.9 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. 11.3.10 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. 11.3.11 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 11.3.12 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 11.4 EXEMPTION TO DISCLAIMER 11.4.1 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 11.5 LIABILITY AND INDEMNITY 11.5.1 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 11.5.2 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 11.5.3 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 11.6 LINKED WEBSITES 11.6.1 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. 11.6.2 We are not responsible for the content or privacy practices associated with linked websites 11.6.3 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 12 PRIVACY POLICY 12.1 We undertake to comply with the Terms of our privacy policy which is described in this section as follows 12.2 Bartercard understands how important your personal information is to you. We have adopted the National Privacy Principles contained in the Privacy Act (Commonwealth) 1988 as part of our standard operating procedures for the protection of your personal information. 12.3 This policy explains how we collect personal information and how we maintain, use and disclose that information 12.4 Personal information means information or an opinion about you from which your identity is apparent or can reasonably be ascertained. This is whether the information or opinion is true or not and whether it is recorded in material format or not. 12.5 We will only collect personal information from you that is necessary for us to be able to provide our services to you. We will seek to ensure that we do not collect information from you in any way that is unlawful or unreasonably intrusive. Whenever it is reasonable and practicable to do so, we will collect that information directly from you. If we have to collect personal information about you from someone else, we will take reasonable steps to ensure that you are aware of that fact. 12.6 We do not collect information about your political, philosophical, or religious beliefs or sexual preferences 12.7 If you do not provide us with the personal information we request, we may not be able to provide you with our services 12.8 Use of your Personal Information will be used: - 12.8.1 To provide our services 12.8.2 To enhance our customer service 12.8.3 To answer your queries 12.8.4 For internal research 12.8.5 To facilitate trade transactions 12.9 We will not use your personal information for purposes unrelated to our goods and services 12.10 We will not sell or trade your personal information 12.11 We may use your personal information for direct marketing purposes to advise you of special offers, items which may be of interest to you and exclusive opportunities relating to our services. If at any time you do not wish to receive our marketing communications, and then please tell us. You can do this by selecting the opt-out or Unsubscribe option in the marketing communication or by contacting our eCommerce Support Team via email support@bartercard.com privacy@bartercard.com or by contacting us at the following address: - The Privacy Officer Bartercard.com PO Box 582 SOUTHPORT QLD 4215 12.12 DISCLOSURE OF YOUR PERSONAL INFORMATION 12.12.1 We will only disclose information about you if required or permitted by law, if we have your consent, if such disclosure is for a purpose contemplated by these Terms or Conditions or to detect and prevent fraud or other criminal activities. Your personal information may be disclosed to other related companies or to third parties required to assist us in providing services to you, including Bartercard Licensees, franchisees, (Bartercard Brokerages) & other Bartercard Group Companies. 12.12.2 Only so much of your information as is required to enable these organizations to provide their services is disclosed. These organizations are bound by confidentiality and non-disclosure agreements and the information at all times remains the property of Bartercard International. 12.12.3 Your personal information may be disclosed to other Bartercard members to facilitate and encourage trade transactions or to assist the process of collection and/or delivery of goods 12.13 ACCURACY OF PERSONAL INFORMATION 12.13.1 We try to ensure that the personal information held by us about you is accurate, complete and up to date. To assist us, we ask that you notify us promptly if there are any changes to your personal information. You may ask us to correct any inaccurate information we hold about you and we will address your concerns within a reasonable period. 12.14 TRACKING OF EMAILS 12.14.1 The Members Trading Portal contains tools that can be used to contact other Members. For the purposes of Quality Assurance, these communications are tracked and archived. You acknowledge that this information may be used by Bartercard to ensure these Terms and Conditions are followed and adhered to. 12.15 DATA SECURITY 12.15.1 We will take reasonable steps to protect your personal information from misuse and loss, and from unauthorized access, modification or disclosure. For example, personal information stored electronically requires login and passwords for access, and is only utilized by staff whose job requires access 12.15.2 Your personal information where not stored electronically, is stored in our secure office premises with restricted access or with an offsite secure storage facility. If we no longer require the use of your personal information, we will take reasonable steps to destroy or permanently de-identify it 12.16 ACCESS TO PERSONAL INFORMATION 12.16.1 We will provide you with access to your personal information upon request. We will endeavour to provide the information to you in a timely manner. You may be charged a fee for servicing your request which we will advise you at the time. There is no fee for lodging a request for access. 12.16.2 There may be circumstances in which we cannot provide you with access; for example, where this is required or authorised under the law, would have an unreasonable impact upon the privacy of other individuals or the request for access is frivolous or vexatious. We will advise you of the reasons if we deny you access. 12.17 COOKIES 12.17.1 In order to provide better customer service and to enhance our relationship with our members, Bartercard collects statistical information on website activity such as the number of Users who visit Bartercard's website, the date and time of visits, the number of pages viewed, time spent on website, navigation patterns and origin of the User. In common with most websites, we use "cookies". A cookie allows us to identify and more effectively interact with your computer. A cookie does not identify the individual User although they do identify the User's browser type and Internet service provider. You may be able to configure your browser so that it does not receive cookies but in doing so some of the functionality of Bartercard’s website may be lost. 12.18 CONSENT 12.18.1 By continuing to use your Bartercard account you consent to Bartercard, its agents, contractors, authorized employees and any related party collecting, maintaining, using and disclosing your personal information in accordance with Bartercard’s Privacy Policy and the Rules for the purposes contemplated by these Terms and Conditions 12.18.2 You also hereby authorize Bartercard, its agents, contractors, authorized employees and any related party to send to you commercial and non-commercial electronic messages for the purposes set out in this section and/or as contemplated by these Terms and Conditions 12.19 COMPLAINTS RESOLUTION 12.19.1 We will try to answer any question and address any complaint you have about the information we hold about you, or about our information-handling practices. You may contact us at the following address: - The Privacy Officer Bartercard.com PO Box 582 SOUTHPORT QLD 4215 12.19.2 If we are unable to resolve your request, you may refer the complaint to your relevant Privacy Commissioner in your country 13 INTELLECTUAL PROPERTY NOTICES 13.1 COPYRIGHT 13.1.1 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: - 13.1.1.1 Adapt, reproduce, reverse engineer, store, distribute, print, perform, publish or create derivative works from any part of this website; or 13.1.1.2 Commercialize any information, products or services obtained from any part of this web website; without our written permission 13.2 TRADE MARKS 13.2.1 Except where otherwise specified, any word or device to which is attached the ™ symbol or ® symbol is a registered trade mark 13.2.2 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: - 13.2.2.1 In or as the whole of part of your own trade marks 13.2.2.2 In connection with activities, products or services which are not ours 13.2.2.3 In a manner which may be confusing, misleading or deceptive; or 13.2.2.4 In a manner that disparages us or our information, products or services (including this website) 13.3 RESTRICTED USE 13.3.1 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 authorized 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. 14 GENERAL PROVISIONS & TERMINOLOGY 14.1 GENERAL 14.1.1 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 14.1.2 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 14.1.3 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 14.1.4 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 14.1.5 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 14.1.6 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 14.1.7 You agree to act honestly and reasonably in all of your dealings in relation to or on the website 14.2 TERMINATION OF ACCESS 14.2.1 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 14.3 GOVERNING LAW 14.3.1 These Terms and Conditions are governed by the laws in force in Queensland, Australia due to the hosted location and venue 14.4 TERMINOLOGY 14.4.1 In these Terms and Conditions, the following expressions have the following meanings, unless the context otherwise requires: - 14.4.1.1 “Bartercard International” and “Bartercard.com” means Bartercard International Limited and its officers, employees, agents and authorized entities (including Bartercard International Pty Ltd and its officers, employees and agents of any controlled subsidiary) 14.4.1.2 “Bartercard Licensee” means the entity that operates the Bartercard System within a particular jurisdiction 14.4.1.3 “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 14.4.1.4 An “Outstanding” transaction, one where the transaction is being reviewed, is not deemed to be “Closed” 14.4.1.5 “eCommerce Administrator” means the administrator of the Members Trading Portal, Global Public Website and/or any other Bartercard operated website 14.4.1.6 “eTCO’ means an eCommerce Trade Coordinator 14.4.1.7 “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 14.4.1.8 “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 14.4.1.9 “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 14.4.1.10 “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 14.4.1.11 “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 14.4.1.12 “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) 14.4.1.13 “Rules” means the Bartercard Rules of the Trading Program 14.4.1.14 “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 14.4.1.15 “Trading Program” means the Bartercard Trading Program that enables Members to trade with each other using the Bartercard System 14.4.1.16 “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) 14.4.1.17 “Website Services” means any and all services provided electronically by Bartercard I acknowledge that I have read and accept the terms & conditions of members.bartercard.com