Last updated: 2018-01-24
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.
1.2. 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.
2.1. 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:
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.
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.
5.1. 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:
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.
6.1. 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:
8.1. 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.
9.1. 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.
9.2. 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.
9.3. 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.
10.1. 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.
11.1. You agree that:
11.2. We do not warrant that:
11.3. 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.
12.1. 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:
12.2. 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.
12.3. 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.
12.4. 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.
13.1. 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.
14.1. These Terms will remain in full force and effect while you use the Services and/or have an Account.
14.2. 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.
14.3. If you wish to terminate your access to the Services, you may simply discontinue using our Services.
15.1. 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.
15.2. 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.
16.1. 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.
17.1. This Agreement shall be governed by, and construed under, the laws of the Province of British Columbia.
17.2. 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.
17.3. 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.
17.4. No failure or delay by either party in exercising any right under this Agreement shall constitute a waiver of that right.
18.1. 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”).
18.2. 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.
18.3. 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.
18.4. 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.
19.1. For all questions, complaints, or claims with respect to the Agreement should be directed to Tony at firstname.lastname@example.org. Our office is at Unit 6 3671 Viking Way, Richmond, BC V6V 2J5.