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Terms of Service

Last updated: 2018-09-20

Terms of Service:

Barter Bay Exchange Inc. (hereinafter, “Barter Bay”, “we”, “us”, or “our”) owns the barterbay.ca website and all related subdomains (“Website”), Barter Bay mobile application (“App”), and all content, services, and products available at or through the Website and App (taken together, our “Services”). The following terms and conditions (“Terms”) govern all use of the Services. Our Services are offered subject to your acceptance without modification of all of the terms and conditions contained herein and all other operating rules, policies (including, without limitation, our Privacy Policy and User Guidelines) and procedures that may be published from time to time by Barter Bay, which are incorporated by reference into these Terms.

Please read these Terms carefully before accessing or using our Services. By accessing or using any part of our Services, you agree to become bound by the Terms. If you do not agree to the Terms, then you may not access or use any of our Services.

1. Acceptance of Terms

1.1. These Terms comprise an electronic contract that establishes the legally binding terms you must accept to use the Services. The Terms include Barter Bay’s Privacy Policy.

1.2. By accessing or using the Services, you accept the Terms and agree to the terms, conditions and notices contained or referenced herein and consent to have the Terms and all notices provided to you in electronic form. The Terms may be modified by Barter Bay from time to time, such modifications to be effective upon posting by us on the Website. We shall notify you of changes to the Terms through notices on the Website or by email, or both. To withdraw your consent, you must cease using the Services and terminate your Account.

1.3. If you breach any provision of these Terms, your right to access and use the Services shall cease immediately.

2. The Barter Bay Service

2.1. Our Services provide a platform that enables individuals (“Users”) to buy, sell, and barter goods with each other (combined as “Trading” or “Trade”). Any decision by a User to enter into a transaction with another User is a decision made in such User’s sole discretion and at their own risk. While Barter Bay helps Users connect, all transactions occur solely between Users. This means that you are solely responsible for all of your Trading activities, including communications, items, meetups, exchanges, and compliance with any applicable laws. This further means that:

  1. You should use your best judgment when Trading goods. For example, you may not want to meet with individuals that you are not comfortable Trading with, or you may want to meet in a public and secure location;
  2. You are responsible for resolving all questions, comments, and complaints about your items. You should be thorough in your postings and clear in your communications. Returns, refunds, and exchanges shall be dealt with between Users;
  3. You are responsible for completing your Trade, and for fulfilling all promises, representations, or warranties you make to your Trading partners in connection with the Trade;
  4. You are responsible for all taxes and fees associated with your Trading activities. You must collect, report, and/or pay the correct amounts to the appropriate authorities, if applicable, and if needed, inform your customers about any taxes they may be required to pay and issue appropriate invoices;
  5. You must not violate our User Guidelines.

2.2. Barter Bay does not have control over the actions of any User or the quality, suitability, reliability, durability, legality, or any other aspect of any product or service offered through the Services. As such, Barter Bay makes no representations or warranties whatsoever with respect to such products or services or the actions of any User or third party. You understand that Barter Bay does not screen its Users, inquire into the background of its Users, or attempt to verify information provided by any User. Barter Bay does not verify or confirm that any User is who they claim to be or is accurately representing themselves or their products or services. Information provided as part of the Services is for general purposes only. Barter Bay does not assume any responsibility for the accuracy or reliability of this information or any information provided through the Services.

2.3. We reserve the right to add, amend, delete, edit, remove or modify any information, content, material or data displayed through the Services and without notice from time to time. We reserve the right to suspend or discontinue the Services, in whole or in part, without notice. We shall not be liable to you for any modification, suspension, or discontinuation of the Services.

2.4. Our Services are offered only to residents of Canada. Our Services may not be appropriate or available for use in other jurisdictions. Any use of our Services is at your own risk, and you must comply with all applicable laws, rules and regulations in doing so. We may limit our Services’ availability at any time, in whole or in part, to any person, geographic area or jurisdiction that we choose.

2.5. Barter Bay shall have no obligation to provide you with any support or maintenance in connection with the Services.

3. Promotions

3.1. Any contests, games, events, or similar promotions (collectively, “Promotions”) made available through our Services may be governed by rules that are separate from this Agreement. If you participate in any of our Promotions, please review the application rules as well as our Privacy Policy. If the rules for a Promotion conflict with this Agreement, the Promotion rules will govern.

4. User Account

4.1. As part of your use of the Services, you may create a user account (an “Account”). Each User may have only one Account. You must be at least 13 years of age to use the Services and create an Account. It is your responsibility to ensure that all information, content, material, or data you provide in your Account is at all times correct, complete, accurate, and not misleading. We accept no responsibility for any loss or damage to you arising from Account information that is not correct, complete, and accurate, or is misleading. We may reject or require that you change, any user name, password or other information that you provide to us in registering your Account.

4.2. It is your responsibility to keep all of your Account information confidential, including but not limited to your username, password and other identifying information. You are solely responsible for all activities undertaken through the Services using your username, password, or other Account information. You must notify us immediately of any unauthorized or suspected unauthorized use of your Account. We accept no responsibility for loss or damage resulting from failure to keep your information confidential or from failing to notify us of unauthorized use of your Account.

4.3. We may, in our sole discretion, terminate your Account and your access to the Services at any time if you are in breach of these Terms or due to prolonged inactivity.

5. User Content

5.1. You shall retain ownership of any views, opinions, reviews, ratings, comments, content or material you submit, display, distribute, upload, post, share, publish or otherwise make publicly available on or through the Services (the “User Content”). You grant (and you represent and warrant that you have the right to grant) to Barter Bay an irrevocable, nonexclusive, royalty-free and fully paid, worldwide license to reproduce, distribute, publicly display and perform, prepare derivative works of, incorporate into other works including for marketing purposes, and otherwise use and exploit your User Content, and to grant sublicenses of the foregoing rights. This license allows Barter Bay to make publicly-posted content available to third parties selected by Barter Bay so that these third parties can analyze and distribute your content through their services. You irrevocably waive (and agree to cause to be waived) any claims and assertions of moral rights or attribution with respect to the User Content.

5.2. You are not to collect, upload, transmit, display, or distribute any User Content that:

  1. violates any third-party right, including any copyright, trademark, patent, trade secret, moral right, privacy right, right of publicity, or any other intellectual property or proprietary right;
  2. is unlawful, harassing, abusive, tortious, threatening, harmful, invasive of another’s privacy, vulgar, defamatory, false, intentionally misleading, trade libelous, pornographic, obscene, patently offensive, promotes racism, bigotry, hatred, or physical harm of any kind against any group or individual or is otherwise objectionable;
  3. is harmful to minors in any way; or
  4. is in violation of any law, regulation, or obligations or restrictions imposed by any third party.

5.3. You are responsible for your User Content. We do not sponsor or endorse your User Content. We reserve the right (but have no obligation) to review any User Content, and to investigate and/or take appropriate action against you in our sole discretion if you violate the Terms or otherwise create liability for us or any third party. Such action may include removing or modifying your User Content, terminating your Account, and/or reporting you to law enforcement authorities.

5.4. We make no guarantees regarding the accuracy, currency, suitability, or quality of any content from other Users. Your interactions with other Users are solely between you and such other Users. You agree that Barter Bay will not be responsible for any loss or damage incurred as the result of any such interactions. If there is a dispute between you and any other User, we are under no obligation to become involved.

5.5. We are not obligated to keep a backup of the User Content. We accept no liability for lost User Content.

6. Permitted Use of Services

6.1. Our Services are licensed, not sold. We grant you non-exclusive, non-transferable, revocable, limited license to install and/or access our Services.

6.2. You are not permitted to use the Services:

  1. in any unlawful, fraudulent, or commercial manner, or any other manner prohibited by the Terms;
  2. to upload, transmit, or distribute to or through the Services any computer viruses, worms, or any software intended to damage or alter a computer system or data;
  3. to send through the Services unsolicited or unauthorized advertising, promotional materials, junk mail, spam, chain letters, pyramid schemes, or any other form of duplicative or unsolicited messages, whether commercial or otherwise;
  4. to use the Services to harvest, collect, gather or assemble information or data regarding other Users, including e-mail addresses, without their consent;
  5. to interfere with, disrupt, or create an undue burden on servers or networks connected to the Services, or violate the regulations, policies or procedures of such networks;
  6. to attempt to gain unauthorized access to the Services (or to other computer systems or networks connected to or used together with the Services), whether through password mining or any other means;
  7. to harass or interfere with any other User’s use and enjoyment of the Services;
  8. to use software or automated agents or scripts to produce multiple accounts on the Services, or to generate automated searches, requests, or queries to (or to strip, scrape, or mine data from) the Services;
  9. to tamper with, modify, copy without express permission, amend, make derivative or reverse engineer any part of the Services; or
  10. to licence, sell, rent or lease any part of the Services.

7. Barterbay Coins (bbCoins)

7.1. Barter Bay may make available virtual barterbay Coins (bbCoins) to its users, partners and/or other members of the community. Barter Bay may, with its sole discretion, distribute bbCoins to users from time to time, including, without limitation, as reward for user activity on the platform or as part of any Barter Bay promotion. Barter Bay has the right to cease or cancel the bbCoin distribution at any time.

7.2. Activities that would allow you to earn bbCoins include, but are not limited to, the following:

  1. Referring a friend will grant you 50 bbCoins per referral.
  2. Signing up using a referral link will grant you 50 bbCoins.
  3. Creating and activating an account will grant you 100 bbCoins.
  4. Posting an item will grant you a one-time bonus of 150 bbCoins.

7.3. For refer-a-friend, you must complete the sign up process and verify your Barter Bay account before you and your friend will receive the bbCoins.

7.4. bbCoins have no cash, monetary or other value and cannot be converted into any currency. bbCoins may be used to redeem rewards on the Barter Bay platform. Any redeems made with bbCoins are non-refundable.

7.5. You may not transfer, sell, exchange, give, charge or otherwise dispose of any bbCoins except in accordance with such conditions as we may prescribe from time to time. You are solely responsible for all taxes payable as a result of your collection and use of bbCoins.

7.6. Barter Bay reserves the right to correct the balance of your bbCoins if we believe that an error, including clerical or technical error, has occurred.

7.7. Barter Bay may suspend or cancel your bbCoins balance if you violate any terms in this Terms of Service.

8. Rewards Redemption

8.1. To redeem rewards with bbCoins, you must have a verified Barter Bay account.

8.2. You are solely responsible for making sure the prize recipient’s email is correct and is the intended email to receive the reward that you are redeeming.

8.3. Barter Bay may, with its sole discretion, add or remove any available redeemable prizes from time to time.

8.4. Redeemable Rewards include but are not limited to:

  1. $5 Starbucks eGift Card
  2. $10 Tim Hortons eTimCard.

8.5. Gift card values are in Canadian dollars only. Starbucks card and TimCard can be used in both Canada and the US.

9. Privacy

9.1. We are committed to protecting your privacy. We process your information in line with our Privacy Policy. By using the Services, you agree to the way in which we process and deal with your personal information.

10. Third Party Links

10.1. We may provide links through the Services to the services of third parties. These services are owned and operated by third parties over whom we do not have control. Barter Bay has not reviewed all of the sites linked through the Services and accepts no responsibility for the contents or use of third party services. The inclusion of any link does not imply endorsement by Barter Bay of the services. Use of any such linked services is at the user's own risk. Any links to third party services are provided for your interest and convenience only. We are not responsible or liable for any loss or damage you may suffer or incur in connection with your use of any third party services or for any acts, omissions, errors or defaults of any third party in connection with their services.

11. Intellectual Property

11.1. Barter Bay owns and retains all proprietary rights in the Services, and in all content, trademarks, trade names, service marks and other intellectual property rights related thereto. The Services contain the copyrighted material, trademarks, and other proprietary information of Barter Bay. You agree to not copy, modify, transmit, create any derivative works from, make use of, or reproduce in any way any copyrighted material, trademarks, trade names, service marks, or other intellectual property or proprietary information accessible through the Services. You agree to not remove, obscure or otherwise alter any proprietary notices appearing on any content, including copyright, trademark and other intellectual property notices.

11.2. Subject to the limited licenses granted in these Terms, no licence is granted to you or any other party for the use of Barter Bay’s intellectual property.

11.3. Any third party trademarks, service marks or other intellectual property displayed on through the Services are used with the authorization of the owner of the intellectual property, subject to their guidelines for use. We cannot authorize you to use, reproduce or modify any third party intellectual property used in the Services, and are not responsible for any loss or damage you may suffer or incur in connection with your use of any third party intellectual property for your own purpose.

12. Export Controls

12.1. You are responsible for complying with applicable Canadian export controls and regulations and for any violation of such controls, including any Canadian Export Control List and Area Control List and any United States embargoes, designated by the U.S. Government as a “terrorist supporting” country; and they are not listed on any U.S. Government list of prohibited or restricted parties, or other federal rules and regulations restricting exports.

13. Disclaimers

13.1. You agree that:

  1. If you use the Services, you do so at your own and sole risk. The Services are provided on an "as is" and "as available" basis. We expressly disclaim all warranties of any kind, whether express or implied, including, without limitation, implied warranties of merchantability, and fitness for a particular purpose, title and non-infringement.
  2. If you access or transmit any content through the use of the Services, you do so at your own discretion and your sole risk. You are solely responsible for any loss or damage to you in connection with such actions. We are not responsible for any incorrect or inaccurate content in connection with the Services, whether caused by Users or by any of the programming associated with or utilized in the Services. We are not responsible for the conduct, whether online or offline, of any User of the Services. We assume no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, or alteration of, user communications.

13.2. We do not warrant that:

  1. the Services will meet your requirements;
  2. access to the Services will be uninterrupted, timely, secure, or error-free;
  3. the quality or reliability of the Services will meet your expectations;
  4. any information you provide or we collect will not be disclosed to third parties;
  5. any account on the Services is accurate, up to date or authentic; or
  6. third parties will not use your confidential information in an unauthorized manner.

13.3. Under no circumstances will we be responsible for any loss or damage, including personal injury or death, resulting from anyone's use of the Services or any conduct or interactions between Users of our Services, whether online or offline.

14. Limitation of Liability and Release

14.1. You agree that neither we nor our affiliates, officers, directors, employees, agents and licensors will be liable for any damages whatsoever, including direct, indirect, incidental, punative, special, consequential or exemplary damages, in connection with, or otherwise resulting from, any use of the Services, even if we have been advised of the possibility of such damages. We shall not be liable for any damages, liability, or losses arising from, relating to, or connected with:

  1. the use or inability to use the Services;
  2. disclosure of, unauthorized access to or alteration of your Account;
  3. actions or inactions of other Users or any other third parties for any reason; or
  4. any other matter arising from, relating to or connected with the Services or these Terms.

14.2. We will not be liable for any failure or delay in performing under these Terms where such failure or delay is due to causes beyond our reasonable control, including natural catastrophes, governmental acts or omissions, laws or regulations, terrorism, labor strikes or difficulties, communication system breakdowns, hardware or software failures, transportation stoppages or slowdowns or the inability to procure supplies or materials.

14.3. Barter Bay expressly disclaims any liability that may arise between Users related to or arising from use of the Services. You hereby release and forever discharge Barter Bay and its affiliates, officers, directors, employees, agents and licensors from any and all claims, demands, damages (actual or consequential) of every kind and nature, whether known or unknown, contingent or liquidated, arising from or related to any dispute or interactions with any other User, whether online or in person, whether related to the use of the Services or otherwise.

14.4. You acknowledge and agree that the disclaimers of warranties above and these limitations of liability are an agreed upon allocation of risk between you and us. You acknowledge and agree that if you did not agree to these limitations of liability you would not be permitted to access the Services. You acknowledge and agree that such provisions are reasonable and fair.

15. Indemnity

15.1. You agree to defend, indemnify and hold us, and our subsidiaries, parents, affiliates, and each of our and their directors, officers, managers, partners, agents, other representatives, employees and customers (each an “Indemnified Party” and collectively, the “Indemnified Parties”), harmless from any claim, demand, action, damage, loss, cost or expense, including without limitation, lawyers' fees and costs, investigation costs and settlement expenses, incurred in connection with any investigation, claim, action, suit or proceeding of any kind brought against any Indemnified Party arising out of your use of the Services, any alleged or actual infringement of the intellectual property rights of any party, any injury or damage to property or person, any act by you in connection with any user of the Services or any other third party, or alleging facts or circumstances that could constitute a breach by you of any provision of these Terms and/or any of the representations and warranties set forth above.

16. Term and Termination

16.1. These Terms will remain in full force and effect while you use the Services and/or have an Account.

16.2. You acknowledge and agree that we, in our sole discretion, may terminate your access to the Services for any reason, including, without limitation, your breach of these Terms. You understand and agree that we are not required, and may be prohibited, from disclosing to you the reason for termination of your access to the Services. You acknowledge and agree that any termination of your access to the Services may be effected without prior notice, and acknowledge and agree that we may immediately deactivate or delete your account and bar any further access to the Services. Further, you acknowledge and agree that we will not be liable to you or any third party for any costs or damages of any kind for or resulting from any termination of your access to our Services. Upon termination, your information may be deleted or kept as necessary. All provisions of these Terms which by their nature should survive termination shall survive termination, including, without limitation, intellectual property provisions, warranty disclaimers, indemnity and limitations of liability.

16.3. If you wish to terminate your access to the Services, you may simply discontinue using our Services.

17. Dispute Resolution

17.1. In the event a dispute arises out of or in connection with these Terms, the parties shall attempt to resolve the dispute through friendly consultation.

17.2. If the dispute is not resolved within a reasonable period then any or all outstanding issues shall be referred to mediation on notice by one party to the other, with the assistance of a neutral mediator jointly selected by the parties. If the dispute cannot be settled within thirty (30) days after the mediator has been appointed, or within such other period as agreed to by the parties in writing, either party may refer the dispute to arbitration under the International Commercial Arbitration Rules of Procedure of the British Columbia International Commercial Arbitration Centre (the “BCICAC”). The appointing authority shall be the BCICAC and the case shall be administered by the BCICAC in accordance with its Rules.

18. Feedback

18.1. If you provide us with any feedback or suggestions regarding the Services (“Feedback”), you hereby assign to Barter Bay all rights in such Feedback and agree that Barter Bay shall have the right to use and fully exploit such Feedback and related information in any manner it deems appropriate. We will treat any Feedback you provide to us as non-confidential and non-proprietary. You agree that you will not submit to us as Feedback any information or ideas that you consider to be confidential or proprietary.

19. General

19.1. This Agreement shall be governed by, and construed under, the laws of the Province of British Columbia.

19.2. In the event that any portion of this Agreement is held to be unenforceable, the unenforceable portion shall be construed in accordance with applicable law as nearly as possible to reflect its original intentions and the remainder of the provisions shall remain in full force and effect.

19.3. These Terms were originally written in English. We may translate these terms into other languages. In the event of a conflict between a translated version of these Terms and the English version, the English version will control.

19.4. No failure or delay by either party in exercising any right under this Agreement shall constitute a waiver of that right.

20. Apple-specific Terms

20.1. In addition to your agreement with the foregoing terms and conditions, and notwithstanding anything to the contrary herein, the following provisions apply with respect to your use of any version of the App compatible with the iOS operating system of Apple Inc. (“Apple”).

20.2. Apple is not a party to these Terms and does not own and is not responsible for the App. Apple is not providing any warranty for the App except, if applicable, to refund the purchase price for it. Apple is not responsible for maintenance or other support services for the App and shall not be responsible for any other claims, losses, liabilities, damages, costs or expenses with respect to the App, including any third-party product liability claims, claims that the App fails to conform to any applicable legal or regulatory requirement, claims arising under consumer protection or similar legislation, and claims with respect to intellectual property infringement. Any inquiries or complaints relating to the use of the App, including those pertaining to intellectual property rights, must be directed to the address provided on the Contact section below.

20.3. The license you have been granted herein is limited to a non-transferable license to use the App on an Apple-branded product that runs Apple’s iOS operating system and is owned or controlled by you, or as otherwise permitted by the Usage Rules set forth in Apple’s App Store Terms of Service. In addition, you must comply with the terms of any third-party agreement applicable to you when using the App, such as your wireless data service agreement.

20.4. Apple and Apple’s subsidiaries are third-party beneficiaries of these Terms and, upon your acceptance of these Terms, will have the right (and will be deemed to have accepted the right) to enforce these Terms against you as a third-party beneficiary thereof; notwithstanding the foregoing, Barter Bay’s right to enter into, rescind or terminate any variation, waiver or settlement under these Terms is not subject to the consent of any third party.

21. Contact

21.1. For all questions, complaints, or claims with respect to the Agreement should be directed to Tony at contactus@barterbay.ca. Our office is at Unit 6 3671 Viking Way, Richmond, BC V6V 2J5.