Bartercard Services Pty Ltd

Terms and Conditions

Updated March 2014

1 OVERVIEW

1.1 Welcome to the My Bartercard ("MYBC") Terms and Conditions (hereafter called "Terms and Conditions") provided by this Agreement. This Agreement sets out the Terms and Conditions that govern the use of the mybc.bartercard.com website (the "Website"), and other applications linked to the Website, including but not limited to participation in the Online Buying and Selling Facilities and use of the transaction processing tools, Statements Online or any other online information that may be provided by other parties including your Bartercard Licensee.

1.2 By using the website and any other online Bartercard service, you agree to be bound by these Terms and Conditions and any Policies published on the website. Our Policies, including all policies referenced in them, are part of the Terms and Conditions.

1.3 You must ensure that you are aware of the Terms and Conditions (in particular in respect of the fees chargeable), disclaimers and important notices herein, as they are binding legal agreements We strongly recommend you read the Terms and Conditions.

1.4 Your use of the Website is your consent to the Terms and Conditions.

1.5 Where there is any conflict or inconsistency between these Terms and Conditions and your obligations as a Member of the Bartercard Trading Program to the extent of such conflict or inconsistency, these Terms and Conditions shall prevail for the purposes of your use of the Website.

1.6 We hope you enjoy your MYBC Online experience.

2 RIGHTS AND OBLIGATIONS

2.1 Your Use of Our Services:

  1. We provide the website as a platform for you to enter and access a plethora of online facilities and services. The only facilities/services provided by Bartercard Services Pty Ltd are Online Listings. All other facilities/services are provided independently of us by other parties including Bartercard Licensees.
  2. We reserve the right to amend these Terms and Conditions from time to time. Unless otherwise provided, amendments are automatically effective the earlier of (i) your use of the Website after the posting of the amendment(s) or (ii) 30 days after the amendments are posted on the Website. Your use of the Website after the posting of amendments will constitute your acceptance of the Terms and Conditions as amended.
  3. If you do not agree with the amendments or changes you must cease all use of the Website.
  4. We have the right to suspend, ban or refuse any entry to the Website, for whatsoever reason and we are not required to provide any reasons for the decision.

3 PARTICIPATION IN WEBSITE SERVICES

3.1 Who May Participate:to participate in the Website Services you must:

  1. be a member in good standing of the Bartercard Trading Program;
  2. 18 years of age or older;
  3. approved by Bartercard Services Pty Ltd; and
  4. have a valid email address that accepts emails from MYBC.

3.2 Acknowledgement:

By using the Website you acknowledge and agree:

  1. Bartercard Services Pty Ltd is not involved in the actual transaction between the Seller and the Buyer. Bartercard Services Pty Ltd has no control over quality, safety or legality of items or content posted by Users on our site or the truth or accuracy of listings. Any transactions conducted online are solely between the Buyer and the Seller. All responsibility and liability in respect to the transaction of the sale is between the parties to the transaction.
  2. When you enter into a transaction you create a legally binding contract with another User, unless the item is prohibited to be sold or purchased by law or the Terms and Conditions or our Policies. You must ensure that you are aware of the laws relevant to you as the Buyer or Seller. If another User breaches any obligations to you, you (not Bartercard Services Pty Ltd) are responsible for enforcing any rights that you may have.
  3. Any loss that occurs to either party to a transaction is in no way any fault of Bartercard Services Pty Ltd. Each party to the transaction hereby indemnifies and holds harmless Bartercard Services Pty Ltd from any loss.
  4. Bartercard Services Pty Ltd may plead this Agreement as a bar to any claim, action, proceedings or suit brought by you against Bartercard Services Pty Ltd for any matter arising out of any transaction in respect of this Agreement.
  5. By registering as a User on the Website you may be automatically eligible for and/or entered into competitions, prizes and awards.

3.3 Consent:

When you list an item for sale on the Website or bid on an item, you hereby consent to:

  1. details or information about the listing(s) on the Website to be sent as promotional material to Bartercard Services Pty Ltd staff, Bartercard Licensee staff and Bartercard Members within the Bartercard Trading Program worldwide;
  2. your
    1. Email address
    2. Phone number
    3. Contact name or
    4. any other correspondence or data that may aid in a transaction being completed being sent to potential buyers who bid or enquire as to the item(s);
  3. being sent emails that directly relate to your item(s), any bids, purchase, decline or any other transactional information;
  4. being sent emails or commercial electronic messages concerning sales information from Bartercard Services Pty Ltd, the Bartercard Licensees and other Users.

3.4 Censorship:

Some content may be objectionable to a User in a particular country. Bartercard Services Pty Ltd has the right at its discretion to remove objectionable content.

3.5 Username and Password:

Access to MYBC:

Upon registering, you will be requested to select a Username and Password, or to link your MYBC Account with a third party login provider including Facebook, Google + or Windows Live. You are responsible for maintaining the confidentiality of your login details and passwords and are fully responsible for all activities that occur under your Username. When registering for MYBC, you must provide accurate and complete information. It is your responsibility to ensure these details are correct at all times. If you login to MYBC using third party login credentials, you authorise us to use the following information solely for the purpose of identifying your account:

  1. Email address and/or username
  2. Password

You understand and agree that Facebook, Google+ or Windows Live use of information is governed by their own terms and conditions and privacy policies.

3.6 Security:

  1. Notify Unauthorised Use:

    You must notify Bartercard Services Pty Ltd immediately of any unauthorised use of your Username, or any other breach of security.

  2. Logging Out:

    It is your responsibility to ensure that you log out completely at the end of each User session.

  3. Use Site for Trading Only:

    No communications other than for enquiries relating to items listed on the website shall be permitted within the website. This includes the use of the email user functions provided and harvesting of email addresses.

3.7 Warranty and Indemnity by You as a User:

  1. Warranty:

    As a User you warrant and represent that:

    Your registration details are true and accurate at all times and shall remain true and accurate at all times.

  2. Indemnity:

    As a User you agree to indemnify Bartercard Services Pty Ltd against any liability which we incur to a third party whatsoever, howsoever and to whosoever arising out of any breach of your warranties and out of the use of the Website regardless of the legal basis on which the claim is based, including without limitation, contract, tort (including negligence), strict liability or any other basis.

4 THE ONLINE SERVICES

4.1 MYBC is Only a Venue:

Users of the Website acknowledge and accept that Bartercard Services Pty Ltd is only a facilitator/venue for transactions and not an auctioneer; Bartercard Services Pty Ltd is not:

  1. a seller of any items or services on the Website unless expressly stated otherwise by Bartercard Services Pty Ltd;
  2. an endorser/promoter or representer of the truthfulness or accuracy of any statement made on the Website; all legal relations are between you and the other parties to the transaction;
  3. involved in the actual transaction between the Seller and the Buyer. Bartercard Services Pty Ltd has no control over quality, safety or legality of items or content posted by Users on the Website or the truth or accuracy of listings. Any transactions conducted online are solely between the Buyer and the Seller, and all responsibility and liability in respect to the transaction of the sale is between the Buyer and the Seller.

4.2 Seller's Listing:

The Seller acknowledges and accepts that it makes an irrevocable offer to the highest bidder for "Bid Now" listings (above the reserve price, if applicable, see clause 4.13 (b)) or to the Buyer for "Buy Now" listings willing to purchase at the set price and quantity.

4.3 Seller's Specification on Sale:

Users acknowledge that once the Seller makes the choice as to the conditions of the sale and selects "Publish Listing", this constitutes an irrevocable offer to the world at large. It is capable of acceptance by a Buyer who clicks "Bid Now" or "Buy Now". Once the Buyer clicks "Bid Now" or "Buy Now", it is an irrevocable acceptance of the Seller's conditions and the Buyer must comply with those conditions and pay the purchase price. It is not an offer to negotiate; it is a legally binding contract between the Buyer and the Seller.

4.4 Seller/Shipping Costs:

The Seller has the choice to list an item with the following options:

  1. Seller to pay Shipping Costs:The Seller is responsible for all aspects of delivery including packing and sending the item to the Buyer's delivery address and shall pay the cost;
  2. Buyer to pay Shipping Costs: It is the Buyer's responsibility to pay for the shipping either before or after delivery (as agreed to by both parties);
  3. Email: Shipping Costs not applicable.

4.5 Shipping Limits:

It is the Seller's responsibility to list the correct Shipping Costs and Shipping Limits. It is the Buyer's responsibility to ensure that it knows and agrees to the Shipping Costs and Shipping Limits BEFORE placing a bid or making a purchase.

4.6 If the Buyer is Outside of the Seller's Shipping Limits:

The Buyer is to contact the Seller offering collection/dispatch options prior to placing a bid on an "Bid Now" item or prior to selecting "Buy Now" . The Seller is not obligated to accept the Buyer's options.

4.7 Currency:

You are participating in an international transaction site. Items are listed in the currency of the Seller. Currency is denoted by the country's three letters before the T$ symbol, for example:

4.8 Prohibited Items:

  1. You acknowledge that the Website is not available for Online sales or wanted listings involving items prohibited by law or by these Terms and Conditions. You are not permitted to sell, buy or seek to buy items prohibited for sale by law or these Terms and Conditions, including the items listed below, unless, where applicable, the Seller is appropriately licensed or authorised by the relevant regulator or authority or Bartercard Services Pty Ltd and/or a Bartercard Licensee:
    1. Illegal or illicit items;
    2. Items which have been illegally imported;
    3. Items which require or involve an illegal import or export in order to complete the transaction;
    4. Cash;
    5. Cash Vouchers;
    6. Items or services that are prohibited by applicable laws (including but not limited to items 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);
    7. Offensive items (including items of defamatory or ethnically objectionable nature);
    8. Tickets to events that may contravene scalping laws;
    9. Stolen items;
    10. Animals and Wildlife;
    11. Replica and Counterfeit items;
    12. Stocks and Securities;
    13. Any item which in the reasonable opinion of Bartercard Services Pty Ltd would be offensive, including but not limited to racist and sexist material.
  2. We reserve the right to remove a listing if we believe the sale of the item is prohibited by law or prohibited by the Terms and Conditions or Policies. Bartercard will notify the Seller and bidders in writing to the registered email address as recorded in the User's MYBC details, when a listing has been removed.

4.9 Online Auction:

  1. The Online Auction extends for a period of time when bids are placed within the closing minutes of an Auction (refer to the Online Support Centre for more information).
  2. The "Highest Bidder" at the time of Auction closing, whose bid is at or above the reserve price if applicable (see clause 4.12 (b)) will win the Auction subject to the transaction being able to take place.
  3. A standard Auction is a listing containing ONE parcel of items to be bid upon.
  4. If a proxy bid is placed, the system will automatically bid up to the requested amount on behalf of the Bidder.
  5. You agree not to place a bid solely with the intention of increasing the Auction item's price, this includes collaborating with another User or engaging in this conduct through a Related Party.
  6. You agree not to engage in bid-siphoning by contacting a Bidder in a separate Auction and offering to undercut the Seller in that Auction.
  7. If a Buyer makes a bid, the bid is construed as not a bid of an offer but is a conditional acceptance of an offer which the Seller is deemed to have accepted after the Close of Auction.

4.10 Transactions:

  1. "Buy Now" transactions:once the Buyer clicks "Buy Now" the transaction is processed immediately subject to the parties' compliance with the Terms and Conditions and the rules of the Bartercard Trading Program.
  2. "Bid Now" transactions:once the Highest Bidder wins the Auction the transaction is processed immediately subject to the reserve price, if a reserve price has been set and the parties' compliance with the Terms and Conditions and the rules of the Bartercard Trading Program.
  3. "Bid Now/Buy Now" transactions:once the Buyer clicks "Buy Now" the transaction is processed immediately, provided that any bidding is less than the Buy Now price; where the "Buy Now" option is not selected and a bid has been placed, the highest bidder wins the Auction transaction immediately subject to the reserve price, if a reserve price has been set. Processing of the Buy Now/Bid Now transaction is completed subject to the parties' compliance with the Terms and conditions and the rules of the Bartercard Trading Program.
  4. All transaction outcomes are advised by email from Bartercard Services Pty Ltd. If the transaction has been processed the email will contain a transaction number.
  5. No items should be delivered or collected prior to the Seller receiving notification of the transaction (including the transaction number) via email from Bartercard Services Pty Ltd. All emails should be carefully read to verify if a transaction has been processed.
  6. In the event that you are unable to obtain your emails or a technical issue has resulted in your being unable to receive emails, please check your "Manage Listings" area of the Website, when selling, or "Manage Purchases" area of the Website when buying; alternatively, contact your Bartercard Licensee.

4. 11 Pending Transactions:

  1. The Seller and the Buyer, will receive email notification if a transaction has been delayed. An outcome will be advised by Bartercard Services Pty Ltd in due course. No items should be sent prior to notification that the Pending Transaction has been processed.
  2. Bartercard Services Pty Ltd does not accept responsibility and is not liable for any Pending Transactions that are delayed or are declined.

4.12 Seller's Further Online Trading Obligations:

  1. You agree to list the items with a starting bid, reserve price (if applicable - see clause 4.12 (b)) or sale price that represents a fair price which 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.
  2. No item can be subject to a reserve unless the item falls within a category which Bartercard Services Pty Ltd has nominated as a category to which reserves can be used. Bartercard Services Pty Ltd can in its sole and absolute discretion nominate any category as a category to which reserves can be used for items being sold.
  3. Items listed with starting bids, reserve prices (if applicable - see clause 4.12 (b)) or sale prices deemed to be excessive by Bartercard Services Pty Ltd 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 items due to the Auction process, but a reserve price (if applicable - see clause 4.12 (b)) cannot be set higher than the normal selling price.
  4. By listing an item, you are making an irrevocable offer to sell at a starting bid or above your reserve price, if a reserve price has been set, (see clause 4.12 (b)) on a "Bid Now" listing or at your stated price on the "Buy Now" listing. Where the item is being listed through a "Bid Now/Buy Now" listing, you are making an irrevocable offer to sell at the stated "Buy Now" price or at a starting bid or at a bid above your reserve price, if a reserve price has been set (see clause 4.12 (b)) and the "Buy Now" option has not been selected.
  5. You accept full responsibility for incorrect or inaccurate listings or for inappropriate listing categorisation.
  6. All motor vehicle listings must be placed within one of the Automotive Categories available.
  7. If you choose to list adult or mature audience items they must be listed under the Adult Category. Bartercard Services Pty Ltd reserves the right to censor such items or remove them.
  8. You agree not to sell or make efforts to sell an item that you have listed on MYBC in any other way during the time of the listing. Bartercard Services Pty Ltd will not, whilst there is any bid current, remove a listing from the Website where the Seller has sold the item elsewhere or decides not to sell it.
  9. The Seller is liable to a Buyer who has acted in good faith and bid for/purchased the item in circumstances where the Seller has breached these Terms and Conditions by listing the item for sale elsewhere and/or selling the item elsewhere.
  10. You agree not to re-list or sell an item until notified that any delayed transactions have been completed.
  11. You agree not to place multiple listings for the same item if only one item is available.
  12. If there is a successful Bidder/Buyer, it is the Seller's responsibility to immediately communicate directly with the Buyer after the confirmed purchase to arrange collection or delivery in accordance with the Terms of Delivery chosen by the Seller at the time of listing the item(s) for sale.
  13. The rules setting out the Terms of Delivery are in clause 5 "Rules about Delivery".
  14. Rules about Delivery also set out the party's responsibilities for the packing of the items for delivery or collection.
  15. Bartercard Services Pty Ltd may delete or refuse to list any or all items in its sole discretion.
  16. A "Bid Now" and a "Bid/Buy Now" listing may be edited in full by the Seller (including closing of the listing) prior to bids being placed. Once bids have been placed, the Seller may IN NO WAY edit the listing. Comments or information may be posted after a bid has been placed but that information or comment does not form part of the listing or the contract nor does it affect the obligation of the Seller to provide the item in accordance with the listing.
  17. The "Buy Now" listings can be edited in full by the Seller prior to the first sale. "Buy Now" listings may be closed at anytime.
  18. All items listed must be listed at full Trade and inclusive of all country taxes, including any Value Added Tax, Sales Tax, Goods and Services Tax and Items and Services Tax etc, applicable upon the sale of an item within the Seller's jurisdiction. The items listed will not include any additional import/export taxes, levies, duties or other shipping taxes directly applicable due to the Buyer being located in a different jurisdiction to that of the Seller. It is up to the Buyer and Seller to negotiate the payment of these taxes, levies and duties between them.
  19. As Seller you are legally bound by the choice you make when setting conditions for the sale, including the terms of shipping. You must be careful in your choice before selecting "Publish Listing". You are bound by the conditions you set, including but not limited to the terms of shipping, when you select "Publish Listing, " once a Buyer accepts those conditions.
  20. As a Seller you agree that in the event of a dispute (if the Buyer instructs a legal practitioner to act on their behalf in resolving this dispute) the Buyer can within forty five (45) days of the Auction Close Date or settlement of the Buy Now purchase request that Bartercard Services Pty Ltd Freeze Funds to the amount of the transaction (subject to availability) in the Seller's account for fourteen (14) days to facilitate the commencement of proceedings. The Buyer can request that Bartercard Services Pty Ltd Freeze Funds to the amount of the transaction (subject to availability) in the Seller's account on the commencement and during the course of court proceedings provided a resolution is actively being sought.
  21. If the Seller fails to provide on request proof of complying with shipping conditions, then the Buyer:
    1. may reverse the transaction; or
    2. enforce its rights in the legal system.

4.13 Warranty and Indemnity by You as Seller:

  1. Warranty:

    As Seller you warrant and represent that:

    1. All items listed will be unencumbered and free from any third party claim or interests which may prejudice the ownership rights or interests of the Buyer;
    2. Items being offered for sale are accurately described (including any faults, defects etc) in the listing;
    3. All relevant and material information concerning the items being offered for sale are contained in the listing;
    4. The items are in your possession;
    5. You have undisputed ownership at the time of placing the listing; you may remove a "Bid Now" listing at any time provided a bid has not been placed and you may remove a "Buy Now" listing at any time;
    6. 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.
  2. Indemnity:

    As Seller you agree to indemnify Bartercard Services Pty Ltd against any liability which we incur to a third party whatsoever, howsoever and to whosoever arising out of any breach of your warranties and out of the sale or listing of items or services by you in connection with the Online Selling process regardless of the legal basis on which the claim is based, including without limitation, contract, tort (including negligence), strict liability or any other basis.

  3. Seller Acknowledgement and Undertaking:You acknowledge and undertake:
    1. To pay the shipping costs if required; and
    2. To negotiate and where relevant pay any additional import/export taxes, levies and duties relating to the sale of your item(s).

4.14 Buyer/Bidders' further Online Trading Obligations:

  1. Bids/purchases are made by the Bidder clicking "Bid Now" or "Buy Now". You as a Buyer acknowledge that bids and purchases are irrevocable acceptances of the Seller's conditions; therefore a bid/purchase once made is not retractable or able to be cancelled.
  2. If you are the Highest Bidder and you are notified by email and/or online within the "Manage Purchases" area that your bid has been successful or if you are the successful purchaser of a "Buy Now" listing, it is your responsibility to immediately communicate directly with the Seller after the confirmed purchase to arrange collection or delivery in accordance with the Terms of Delivery.
  3. You as a Buyer acknowledge that the Seller lists the items at full Trade inclusive of all country taxes, including any Value Added Tax, Sales Tax, Goods and Services Tax and Items and Services Tax etc, applicable upon the sale of an item within the Seller's jurisdiction. The items listed will not include any additional import/export taxes, levies, duties or other shipping taxes directly applicable due to the Buyer being located in a different jurisdiction to that of the Seller. It is up to the Buyer and Seller to negotiate the payment of these taxes, levies and duties between them.
  4. The rules setting out the Terms of Delivery are in clause 5 "Rules about Delivery".
  5. If you as Buyer fail to provide upon request proof of complying with shipping conditions, then the Seller may reverse the transaction or rely on its rights in the legal system.
  6. Warranty and Indemnity by You as Buyer:
    1. Warranty:

      By making a bid or purchase you warrant and represent that:you have the ability and the legal right to enter into and complete the transaction at the time of the conclusion of the Auction or at the time of purchase on MYBC and that you are authorized to complete the transaction.

    2. Indemnity:

      You as a Buyer agree to indemnify Bartercard Services Pty Ltd against any liability which we incur to a third party whatsoever, howsoever and to whosoever arising out of any breach of your warranties and out of the sale or listing or purchase of items or services by you in connection with the Online Buying process regardless of the legal basis on which the claim is based, including without limitation, contract, tort (including negligence), strict liability or any other basis.

  7. Buyer Acknowledgement and Undertaking:

    You acknowledge and undertake:

    1. To pay the shipping costs if required;
    2. To negotiate and where relevant pay any additional import/export taxes, levies and duties relating to the purchase of the items.

5 RULES ABOUT DELIVERY

5.1 Seller's Right:

The Seller has the right to choose the Terms of Delivery of the items when listing the items for sale.

5.2 Delivery Options:

  1. Email;
  2. Buyer to Arrange Collection;
  3. Trackable Delivery Service - Seller to Pay;
  4. Trackable Delivery Service - Buyer to Pay.

5.3 Seller's and Buyer's Obligations under the Delivery Options:

  1. Email:
    1. The Buyer is to advise the Seller of its email address for delivery within seven (7) days of the sending by MYBC of the notification email. The Seller is to email the item to the Buyer's email address within seven (7) days of its receipt of the Buyer's email address. In the event the Buyer has not advised the Seller of its email address for delivery within seven (7) days of the Buyer's receipt of the MYBC notification, the Seller is to email the item within the following seven (7) days to the Buyer's email address provided in the notification email.
    2. If the Seller provides a site for the downloading of items, that site must be available for the Buyer to download the items for the next ten (10) days following email notification of details to the Buyer.
    3. The Buyer must ensure it has a valid email address sufficient to receive the items purchased.
    4. The Seller must keep proof of the sending of email(s) for three (3) months.
    5. Each party is responsible for their own costs incurred in the receiving/sending of the email/downloading of items and any other associated costs of the transaction.
    6. In the event that the Seller receives a non-delivery notification, the Seller is required to make an additional two (2) more attempts to obtain a successful delivery of the item to the Buyer over the next three (3) days. The Seller must keep proof of its attempts for three (3) months.
    7. If the Seller is unable to provide within ten (10) days of request written proof that they:
      1. Emailed the items to the Buyer's email address (refer to clause 5.3. (a) (i)); or
      2. In the event of receiving a non-delivery notification from the email address provided, that the Seller made an additional two (2) more attempts at obtaining a successful delivery over the next three (3) days

      and the Buyer has not received the items, then the Buyer may:

      1. reverse the transaction; or
      2. enforce its rights in the legal system.
    8. If the Buyer can provide to the Seller proof that the Buyer could not download the items as a result of the Seller's fault and the Buyer has not received the items, then the Buyer:
      1. may reverse the transaction; or
      2. enforce its rights in the legal system.
    9. If the Seller is unable to successfully email the Buyer in accordance with clause 5.3 (a) (vi) or if the Seller can provide proof of the Buyer's inability to download items as a result of the Buyer's fault, then the Seller may reverse the transaction or enforce its rights in the legal system.
  2. Buyer to Arrange Collection:
    1. The Seller must notify the Buyer in writing within seven (7) days from the date of the transaction the place of collection and access times ("Notification").
    2. If the Buyer is within same country as the Seller, then the Buyer must collect the items within ten (10) days from date of Notification. If the Buyer is not in the same country as the Seller, then the Buyer must collect the items fourteen (14) days from the date of Notification ("Collection Period").
    3. The Seller must make access available for collection for a minimum of four (4) consecutive hours on a minimum of any four (4) days per week during the Collection Period ("Access Times").
    4. The Buyer must advise the Seller in writing of the collection time at least forty-eight (48) hours prior to collection. This time must be within the Collection Period and the Access Times.
    5. In all cases the Buyer is to arrange and pay all collection costs.
    6. The Seller must keep proof of collection for three (3) months.
    7. If the Seller is unable to provide within ten (10) days of request written proof of:
      1. Advice of place of collection and access details; or
      2. Making access available for collection

      and the Buyer has not received the items, then the Buyer may:

      1. reverse the transaction; or
      2. enforce its rights in the legal system.
    8. If the Buyer is unable to provide within ten (10) days of request written proof of:
      1. Advice provided to the Seller of collection time not less than forty-eight (48) hours prior to the start of the collection time; or
      2. Failure to collect within the Collection Period

      then the Seller may request a reversal or enforce its rights in the legal system.

  3. Trackable Delivery Service - Seller to Pay
    1. The Buyer must notify the Seller in writing within seven (7) days from the date of the transaction the place of delivery and access details ("Notification").
    2. The Seller must dispatch the item to a Trackable Delivery Service within ten (10) days of Notification if the Seller and the Buyer are within same country or within fourteen (14) days if the Buyer and the Seller are in different countries.
    3. When arranging a time with the Trackable Delivery Service the Buyer must make access available for delivery for a minimum of four (4) consecutive hours on a minimum of any four (4) days per week until delivered, or comply with the Trackable Delivery Service conditions to facilitate delivery.
    4. The Seller must keep proof of dispatch for three (3) months.

      If the Seller is unable to provide within ten (10) days of request written proof of dispatch to a Trackable Delivery Service and the Buyer has not received the items, then the Buyer may:

      1. reverse the transaction; or
      2. enforce its rights in the legal system.
    5. If the Buyer is unable to provide within ten (10) days of request written proof of:
      1. Notification to the Seller of delivery and access details; or
      2. The Seller not making access available in accordance with clause 5.2. (c) (iii)

      then the Seller may reverse the transaction or enforce its rights in the legal system.

  4. Trackable Delivery Service - Buyer to Pay
    1. The Buyer must choose the Trackable Delivery Service.
    2. The Buyer must notify the Seller in writing within seven (7) days from the date of the transaction the Trackable Delivery Service, the place of delivery and access details ("Notification").
    3. If either party requires information from the other party to complete the Trackable Delivery Service payment, that party must provide the information within seven (7) days of written request.
    4. Payment arrangements must be finalised within seven (7) days of Notification or within seven (7) days of receipt of information in the immediately preceding clause 5.2 (d) (iii).
    5. The Buyer must complete and notify the Seller in writing that payment arrangements are completed and provide any information that the Seller will need for dispatch via the Trackable Delivery Service. If delivery is to same country as Seller, then the Seller must dispatch the items to the Trackable Delivery Service within ten (10) days of Buyer Notification that payment has been completed or within fourteen (14) days if the Buyer is not in the same country as the Seller.
    6. When arranging a time with the Trackable Delivery Service, the Buyer must make access available for delivery for a minimum of four (4) consecutive hours on a minimum of any four (4) days per week until delivered.
    7. The Seller must keep proof of dispatch for three (3) months.
    8. If the Seller is unable to provide within ten (10) days of request written proof of:
      1. Providing requested information needed for dispatch; or
      2. Proof of dispatch to a Trackable Delivery Service

      and the Buyer has not received the items, then the Buyer may reverse the transaction or enforce its rights in the legal system.

    9. If the Buyer is unable to provide within ten (10) days of request written proof of:
      1. Notification to the Seller of Trackable Delivery Service, delivery and access details;
      2. Proof of providing requested information needed for dispatch;
      3. Notification of payment arrangement; or
      4. The Seller did not make access available in accordance with clause 5.2.(d);

      Then the Seller may:

      1. reverse the transaction; or
      2. enforce its rights in the legal system.

5.4 Packaging:

It is the Seller's responsibility to package the items in a reasonable manner.

5.5 Insurance:

The Buyer assumes responsibility for the items from date of transaction and therefore the Buyer must insure the items in order to protect them from date of the transaction.

5.6 If the Buyer is Outside of the Seller's Shipping Limits:

If the transaction has completed and the Buyer is outside of the Seller's Shipping Limits and did not reach agreement with the Seller under clause 4.6 then the Seller is not obligated to ship, deliver or pay any taxes etc under clause 4.12 (r) nor is it obligated to reverse the transaction.

5.7 Breach of Obligations:

If either party breaches their obligations set out in this clause 5, the aggrieved party may make a complaint to Bartercard Services Pty Ltd within forty-five (45) days from the date of the transaction in accordance with the Dispute Process set out in clause 6.

6. DISPUTE PROCEDURE

6.1 Disputes are lodged through MYBC under the Manage Listings or Manage Purchases. If on attempted access to the site your login information is invalid, you will be provided with access to an online form which will allow you to register your dispute.

6.2 In order for a dispute to be accepted you must have made every effort to resolve the dispute with the other party. You acknowledge that it is not Bartercard Services Pty Ltd's responsibility to resolve the dispute. Bartercard Services Pty Ltd may exercise its discretion according to the Terms and Conditions and assist in the efforts to resolve the dispute.

6.3 Dispute Notifications will not be accepted after forty-five (45) days from the Bid Now Close Date and/or settlement of the "Buy Now" purchase.

6.4 Once a Dispute is lodged within this timeframe, Bartercard Services Pty Ltd will forward to the other party the details in order for you to again make contact and attempt to finally resolve the dispute between the parties.

6.5 Users must make every effort to resolve the dispute within forty-eight (48) hours of a dispute being lodged.

6.6 The Seller and the Buyer can request that Bartercard Services Pty Ltd reverse transaction(s) in accordance with clause 5. The Buyer can request that Bartercard Services Pty Ltd reverse transaction(s) in accordance with clause 4.12 (u). All other reversals whether full or partial must be submitted by the Seller.

6.7 Should the dispute not be resolved within forty-eight (48) hours from the Notification, Bartercard Services Pty Ltd reserves the right to investigate and take action accordingly to assist the parties to reach a resolution.

6.8 Where disputes cannot be resolved Users are encouraged to seek independent legal advice.

6.9 Any advice from Bartercard Services Pty Ltd given in relation to a dispute is not intended and should not be construed as legal advice and Users are encouraged to seek independent legal advice.

6.10 If either the Buyer or the Seller suffer any loss whatsoever arising directly or indirectly from the transaction as a result of misleading or deceptive conduct by either party or any other breach of the Competition and Consumer Act 2010, on any applicable law, then this shall be a matter between the Seller and the Buyer and under no circumstances will Bartercard Services Pty Ltd be a party to any dispute or litigation arising therefrom.

6.11 Both the Buyer and the Seller hereby:

Acknowledge that Bartercard Services Pty Ltd is merely the provider of the website platform/trading service and is not involved in any way in any transactions conducted via the Website. The Buyer and the Seller:

  1. Undertake not to include Bartercard Services Pty Ltd as a party to any dispute, claim or proceedings; and
  2. To indemnify Bartercard Services Pty Ltd against any loss or damage arising out of a dispute in relation to any transaction conducted via the website.

7 STATEMENTS ONLINE

7.1 Statements Online is a facility to allow certain Users access to view their current and historical Bartercard statements on MYBC.

7.2 Bartercard Services Pty Ltd is not liable for any loss, damage or consequential loss or damage if you use or attempt to access Statements Online without using suitable software.

7.3 Bartercard Services Pty Ltd may suspend your access to Statements Online or any function or service incorporated in MYBC at any time.

7.4 Information provided by Statements Online is supplied by your Bartercard Licensee. If you have any issues concerning the details, you should contact your Bartercard Licensee.

7.5 You as the User will hold harmless and indemnify Bartercard Services Pty Ltd against any loss suffered by you arising from any assumptions that the details on the Statements Online are correct.

7.6 You acknowledge and agree that:

  1. Statements Online may not be accurate at the time of a transaction, as the information is provided by your Bartercard Licensee and therefore Bartercard Services Pty Ltd accepts no responsibility; and
  2. Bartercard Services Pty Ltd has the right to suspend or deny you access to the Website, mybc.bartercard.com, without providing notice and reasons for the decision. Should you be suspended or denied access, you will not be able to obtain Statements Online; and
  3. You will hold harmless and indemnify Bartercard Services Pty Ltd against any loss you suffer as a result of being denied access to the Website, mybc.bartercard.com.

8 SMSPOS FACILITY

8.1 These conditions only apply to Bartercard Transactions conducted by Short Messaging System on a mobile telephone and your use of it, hereafter known as SMSPOS.

8.2 SMSPOS Facility is a facility provided by a third party that uses the Bartercard Services Pty Ltd software program to provide a SMSPOS Service.

8.3 You as a Bartercard Member will enter into an agreement with your Bartercard Licensee, setting out the terms and conditions of your use of the SMSPOS Facility.

8.4 Your Bartercard Licensee will administer the use of the SMSPOS Facility.

8.5 You acknowledge and agree:

  1. That under no circumstances will Bartercard Services Pty Ltd be liable for any loss, claim, expense, action, liability or damage caused directly or indirectly howsoever by the use of the SMSPOS Facility and SMSPOS Service and by any unavailability or improper functioning of the SMSPOS Facility or the SMSPOS Service and for whatsoever reason if the Bartercard Licensee's right to use the SMSPOS Facility or any third party agreement is terminated.
  2. To indemnify and compensate Bartercard Services Pty Ltd for any damages, claim, action, loss, expense or liability incurred by Bartercard Services Pty Ltd as a result of any breach by you of this Agreement or as a result of you being denied access to the Website.
  3. That Bartercard Services Pty Ltd will not be liable for the acts or omissions of any telco or carrier of messages. Users may wish to verify that sales have been processed by contacting their Bartercard Licensee.
  4. That as the facilitator of the SMSPOS Facility as a delivery service to the Bartercard Licensees, Bartercard Services Pty Ltd is not liable whatsoever for the use of the product or the business processes adopted regionally by a Bartercard License.

8.6 Transactions processed through SMSPOS are processed in part through an independent third party service provider to the Bartercard Licensee. Bartercard Services Pty Ltd accepts no responsibility for the delivery of services by any independent third party service providers, to the extent permitted by law.

8.7 Subject to any responsibilities implied by law and which cannot be excluded, Bartercard Services Pty Ltd is not 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 Website, mybc.bartercard.com, or to third party material, regardless of the legal basis on which the claim is based, including without limitation in contract, tort, (including negligence), strict liability or any other basis.

9 TRADING PLAN

9.1 The parties acknowledge that any Trading Plan jointly prepared by the Member, its representatives and its Bartercard Licencee or franchisee will contain estimates and projections which are subject to significant economic, business and other uncertainties beyond the control of the parties. No representations are made by Bartercard Services Pty Ltd as to the Trading Plan or the attainability of the estimates and/or projections.

10 BARTERCARD TRANSACTIONS ONLINE

10.1 Users can transact with other Bartercard Members Trade using the Bartercard Transactions Online facility. When a transaction is approved and processed a transaction number will be issued.

10.2 Trade transactions made through "Bartercard Transactions Online" are distributed to Bartercard Licensees for processing. Bartercard Services Pty Ltd accepts no responsibility for the delivery of service.

10.3 You as a Bartercard Member will enter into an agreement with your Bartercard Licensee, setting out the terms and conditions of your use of the Bartercard Transactions Online.

10.4 Bartercard Services Pty Ltd accepts no responsibility for errors of any kind. If errors are found, immediately contact your Bartercard Licensee.

10.5 It is your responsibility to ensure that all details are correct (including account number and amount) when completing a Bartercard Transaction Online. Bartercard Services Pty Ltd takes no responsibility for incorrect payment amounts or for payments made to incorrect Bartercard accounts as a result of incorrect information.

10.6 Subject to any responsibilities implied by law and which cannot be excluded, Bartercard Services Pty Ltd is not 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 Website, mybc.bartercard.com, regardless of the legal basis on which the claim is based, including without limitation in contract, tort, (including negligence), strict liability or any other basis.

11 CREDIT CARD PAYMENTS

11.1 Payments made through "Pay My Fees" are processed through independent third party service providers to Bartercard Licensees. Bartercard Services Pty Ltd accepts no responsibility for the delivery of services by independent third party service providers to the extent permitted by law.

11.2 Bartercard Services Pty Ltd is not liable in respect of such third party services and Bartercard Services Pty Ltd provides no warranty and gives no endorsement in respect of such services or any party connected with them.

11.3 Bartercard Services Pty Ltd is not liable for errors made by Users or third party providers. If errors are found, contact your Bartercard Licensee.

11.4 Bartercard Services Pty Ltd is not responsible for errors made by you when authorising any deduction against your credit card. If an error is made, immediately contact your Bartercard Licensee.

11.5 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 authorised for payment are in accordance with the amount being paid.

11.6 It is your responsibility to ensure that the details are correct when completing a credit card payment. Bartercard Services Pty Ltd takes no responsibility for payments made to incorrect Bartercard accounts as a result of an incorrect payment request.

11.7 To the extent permitted by applicable law, Bartercard Services Pty Ltd is not 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 Website, mybc.bartercard.com, regardless of the legal basis on which the claim is based, including without limitation in contract, tort, (including negligence), strict liability or any other basis.

11.8 Bartercard Services Pty Ltd will keep credit card payment information (including your credit card details) confidential. Bartercard Services Pty Ltd will take reasonable efforts to keep any such information about you secure. Bartercard Services Pty Ltd will only disclose this information to the extent specifically required by law or authorized by you.

12 SPECIFIC WARNINGS & DISCLAIMERS

12.1 Specific Warnings:

  1. You acknowledge that Bartercard Services Pty Ltd as the provider of the Website, mybc.bartercard.com, 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.
  2. Bartercard Services Pty Ltd is not obliged to notify you of cancellation of your access to the Website. If Bartercard Services Pty Ltd does notify you we are not obliged to state any reason for your cancellation.
  3. Bartercard Services Pty Ltd retains the right in its discretion to reverse or otherwise uphold transactions under the Terms and Conditions.
  4. If Bartercard Services Pty Ltd reverses a transaction as a result of a default under these Terms and Conditions or in exercise of its discretion, then Bartercard Services Pty Ltd may also require that you pay for the delivery of the items back to you or the other party (as applicable).
  5. You acknowledge that a failure to comply with these Terms and Conditions entitles us to suspend and/or terminate your Registered User status without notice to you.

12.2 Security of Information:

Unfortunately, no data transmission over the internet can be guaranteed as totally secure. Whilst Bartercard Services Pty Ltd strives to protect such information, we do not warrant and cannot ensure the security of any information which you transmit to us over the internet. Accordingly, any information which you transmit to Bartercard Services Pty Ltd is transmitted at your own risk. Nevertheless, once Bartercard Services Pty Ltd receives your transmission, we will take reasonable steps to preserve the security of such information.

12.3 Disclaimers:

  1. You acknowledge that the information contained within the Website in respect of items offered for sale is provided by parties other than Bartercard Services Pty Ltd and that Bartercard Services Pty Ltd does not accept any responsibility for misleading or deceptive information or any omissions or errors in the information provided.
  2. To the extent permitted by applicable law, Bartercard Services Pty Ltd does 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 the Website, mybc.bartercard.com, 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 the Website. We offer no warranties in relation to items sold or listed. We also offer no warranty in relation to the availability of the Website Services.
  3. You acknowledge that Bartercard Services Pty Ltd makes no representation as to the ownership of advertised items or as to the ability of either a Buyer or a Seller to complete a transaction.
  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:
    1. If the breach relates to items:
      1. The replacement of the items or the supply of equivalent items;
      2. The repair of such items;
      3. The payment of the cost of replacing the items or of acquiring equivalent items; or
      4. The payment of the cost of having the items repaired.
  5. Bartercard Services Pty Ltd 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". We use the term auction simply to describe the process. We provide a venue to allow Users to offer, buy and sell a variety of items in a variety of formats, including but not limited to the "Bid Now" process, "Buy Now" listings, and Directories of Bartercard Members. We are not involved in the actual transaction between the Buyer and Seller. Bartercard Services Pty Ltd simply provides the venue and the tools to allow for transaction processing and/or assisting trading to occur.
  6. You must ensure that your access to the Website is not illegal or prohibited by laws which may apply to you, including using another's username or password without permission.
  7. You must take your own precautions to ensure that the process which you employ for accessing the Website does not expose you to risk of viruses or other form of interference which may damage your own computer system. We do not accept responsibility for any interference or damage to your own computer system which arises in connection with your accessing of the Website, mybc.bartercard.com or any linked website.
  8. Whilst we have no reason to believe that any information contained on the Website is inaccurate, we do not warrant the accuracy, adequacy or completeness of such information, nor do we undertake to keep the 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 the Website.
  9. Responsibility for the content of advertisements appearing on the 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 Bartercard Services Pty Ltd of the advertisers' items and each advertiser is solely responsible for any representations made in connection with its advertisement.
  10. You acknowledge that we do not represent any party to a transaction, nor are we an agent for the Seller or the Buyer. Unless expressly stated to the contrary, we do not endorse or have an interest in the items which are being sold and we do not accept responsibility for defective items, including the failure of items to be of saleable quality.

    We have no control over the availability, quality, safety or legality of advertised items, we do not warrant the truth or accuracy of listings and we have no control over representations made by any party. The Buyers buy and the Sellers sell at their own risk.

  11. To the extent permitted by applicable law, Bartercard Services Pty Ltd is 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 cause whatsoever, including but not limited to, technical difficulties affecting our system or a scheduled outage.
  12. To the extent permitted by applicable law, Bartercard Services Pty Ltd is 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 Services Pty Ltd officers, employees, agents or contractors.

12.4 Exemption to Disclaimer:

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.

12.5 Liability and Indemnity:

  1. You agree that Bartercard Services Pty Ltd will not be liable 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 items 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.
  2. You release and indemnify Bartercard Services Pty Ltd and shall keep Bartercard Services Pty Ltd indemnified:
    1. Against all actions, claims and demands (including the cost of defending or settling any action, claim or demand) which may be instituted against Bartercard Services Pty Ltd 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;
    2. Against all actions, claims and demands (including the costs of defending or settling any action, claim or demand) which may be instituted against Bartercard Services Pty Ltd arising out 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.

12.6 Linked Websites:

  1. The website, mybc.bartercard.com, may contain links to other websites ("Linked Websites"). Those links are provided for convenience only and may not remain current or be maintained.
  2. Bartercard Services Pty Ltd is not responsible for the content or privacy practices associated with Linked Websites.
  3. Bartercard Services Pty Ltd 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, items or services referred to or contained on those Linked Websites, unless and to the extent stipulated to the contrary.

13 PRIVACY POLICY

13.1 About this Policy

Bartercard Services Pty Ltd (ABN 14 168 815 638) ('we', 'us', 'our') understands the importance of, and is committed to, protecting your personal information. Bartercard Services Pty Ltd complies with the Privacy Act 1988 (Privacy Act). Bartercard Services Pty Ltd is bound by the Australian Privacy Principles (APPs) which regulate how Bartercard Services Pty Ltd may collect, use, disclose and store personal information, and how you may access and correct personal information held about you.

Purpose

The purpose of this privacy policy is to:

  1. clearly communicate to you how Bartercard Services Pty Ltd deals with personal information
  2. enhance the transparency of Bartercard Services Pty Ltd operations
  3. give you a better and more complete understanding of the sort of personal information that Bartercard Services Pty Ltd holds, and the way Bartercard Services Pty Ltd handles that information.

Changes to this privacy policy

Bartercard Services Pty Ltd may change this privacy policy from time-to-time. The updated privacy will be posted on our website, with the date of the update shown.

Who to contact

If you have any questions, concerns or complaints about this privacy policy, or our use of your personal information, please contact the Privacy Officer using the contact details provided below. You can also contact the privacy officer if you believe that the privacy of your personal information has been compromised or is not adequately protected.

Once a complaint has been lodged, the Privacy Officer will respond to you as soon as possible.

Bartercard Services Pty Ltd Privacy Officer

Tel: +61 7 5561 9111

Mail: 121 Scarborough St, Southport Queensland 4215 Australia

Email: privacy@bartercard.com

13.2 Information Bartercard Services Pty Ltd collects about you

Bartercard Services Pty Ltd collects information about you that Bartercard Services Pty Ltd reasonably needs for our business functions and activities and which is required by law. Our business functions and activities include:

  1. Providing you with Bartercard Services Pty Ltd products and services - these are described generally on our website, the Members Trading Portal, advertising, and our letter and emails and communications to customers and Members
  2. activities in support of those functions including administration, management, marketing, online and mobile marketing, IT, legal, security and customer support
  3. activities Bartercard Services Pty Ltd plans for the future including new ways of communicating, new products and services, new business models and new businesses.

Generally Bartercard Services Pty Ltd collects the following personal information about you:

  1. your name
  2. your contact details including residential or business address, telephone number and email address
  3. date of birth
  4. financial information such as bank account and credit card details.

Bartercard Services Pty Ltd may combine your contact details above with other information about you, for example:

  1. Bartercard Services Pty Ltd collects details related to your Bartercard transactions including products and services, retailer (or service provider), Bartercard franchisee (if applicable), payment details and other details;
  2. if your business or employer supplies us or Bartercard Members with products or services, or if your business or employer distributes, sells or services our products, Bartercard Services Pty Ltd collects information about your trading with us (for example the products you buy or sell or the services you provide), your trading history and account history
  3. if you apply for a position with us, Bartercard Services Pty Ltd collects information to help us decide your application, including your date of birth, tax-file number, work history and similar details
  4. if you request information from us (for example about a product or service or a franchise or license) or register a complaint, Bartercard Services Pty Ltd collects information about your request or complaint
  5. if you enter a promotion or competition, visit us at an event or enquire about Bartercard, Bartercard Services Pty Ltd may collect your contact details so that Bartercard Services Pty Ltd can follow up on your enquiry or interest by sending you marketing material.

Bartercard Services Pty Ltd records this information (personal information) in our database whilst Bartercard Services Pty Ltd deals with you. Bartercard Services Pty Ltd will remove this information from our database when Bartercard Services Pty Ltd has no further need to keep a record of it, except if Bartercard Services Pty Ltd is required to keep it by law (for example, for tax or for superannuation purposes).

13.3 How Bartercard Services Pty Ltd collects information about you

How does Bartercard Services Pty Ltd collect personal information?

Bartercard Services Pty Ltd collects personal information directly from you. Bartercard Services Pty Ltd may record your contact details when you call a Bartercard Customer Support Centre, when you fill out an application form, when you purchase a product or service using Bartercard, when you participate in a Trade transaction, when you provide your contact details via web, mobile or email or when you ask us for information or request something from us.

Sometimes Bartercard Services Pty Ltd collects personal information about you from another person or business, or from a publicly available source. For example:

  1. A retailer or franchisee or licensee may give us your details in relation to a product or service;
  2. if you are an employee of one of our business partners (e.g. a franchisee, licensee, supplier, repairer or contractor), Bartercard Services Pty Ltd may be given your name and contact details by your employer
  3. if you enter a networking event, promotion or competition organised by us, Bartercard Services Pty Ltd may be given your name and contact details by the promoter of the event
  4. our service providers may provide us with your personal information from websites, social media sites, mobile, and other technology based sources

Bartercard Services Pty Ltd uses lawful and fair means to collect your information. Bartercard Services Pty Ltd will collect personal information about you from another person or from a publicly available source only if it is unreasonable or impracticable to collect it directly from you, and Bartercard Services Pty Ltd will take reasonable steps to inform you that Bartercard Services Pty Ltd has collected your personal information. Those reasonable steps may include informing you through this statement.

Unsolicited information

If Bartercard Services Pty Ltd receives personal information about you that Bartercard Services Pty Ltd has not requested, and if Bartercard Services Pty Ltd determines that Bartercard Services Pty Ltd could not have lawfully collected that information under privacy law if Bartercard Services Pty Ltd had requested it, Bartercard Services Pty Ltd will destroy or de-identify the information, if it is lawful and reasonable to do so.

13.4 Do I have to provide you with my personal information?

You can deal with us anonymously (without giving us your name and contact details) or by using a pseudonym (a name that does not include your real name, for example an email address or a username that you use in an online forum (nickname)).

If you choose to deal with us anonymously or using a nickname, Bartercard Services Pty Ltd can give you general information about our products and services, and you may be able to participate in any online forum Bartercard Services Pty Ltd provides, but there are some things Bartercard Services Pty Ltd cannot do, for example:

If you do not give us your personal information Bartercard Services Pty Ltd cannot give you information about transactions you may have made using Bartercard, the status and balance of your account, other Bartercard Members or deal with a complaint you may have, provide you with a service or deliver a product to you at an address. You cannot attend one of our networking events, or enter into one of our promotions anonymously or using a nickname

You can deal with us using a nickname together with your real name and contact details. If you choose to deal with us in this way, Bartercard Services Pty Ltd may collect your personal information together with your nickname. When you identify yourself to us using your nickname only, Bartercard Services Pty Ltd can deal with you only as described above. Bartercard Services Pty Ltd may ask you to provide proof of your identity if you use a nickname.

13.5 Why Bartercard Services Pty Ltd collects personal information about you (purpose of collection)

Bartercard Services Pty Ltd collects and records personal information about you so that Bartercard Services Pty Ltd can carry out our functions and activities described above. The primary purposes for which Bartercard Services Pty Ltd collects your personal information include:

  1. so that Bartercard Services Pty Ltd can provide our services to you and to our franchisees, licensees and suppliers
  2. so that Bartercard Services Pty Ltd can administer our dealings with you, to provide you with information and to respond to any requests that you may have (for example, so that Bartercard Services Pty Ltd can administer your account, provide you with marketing and sales opportunities or introduce you to other members)
  3. so that Bartercard Services Pty Ltd can function as a business, for example, Bartercard Services Pty Ltd may collect your personal information for research, marketing or so that Bartercard Services Pty Ltd can offer new products, reconcile transactions, or if you are a supplier so Bartercard Services Pty Ltd can record your dealings with us
  4. so that Bartercard Services Pty Ltd can facilitate Trade transactions
  5. so that Bartercard Services Pty Ltd can comply with agreements Bartercard Services Pty Ltd has entered into with our suppliers, franchisees and licensees

Bartercard Services Pty Ltd also collects your personal information for certain secondary purposes that are related to the primary purposes outlined above. Secondary purposes may include so that Bartercard Services Pty Ltd can run our business efficiently, for example, our advisors can provide us with customer research, or so that Bartercard Services Pty Ltd can use technology to automate our business and to understand how our business is performing, to allow us to operate efficiently and to lower costs by outsourcing services (such as collecting or paying money). Other secondary purposes may include so that Bartercard Services Pty Ltd can sell or transfer our business or merge with another business and the sale and transfer of franchises and licenses.

13.6 Disclosure

Who does Bartercard Services Pty Ltd disclose your personal information to?

Bartercard Services Pty Ltd does not use or disclose your personal information for a purpose other than:

  1. a purpose set out in this privacy policy (primary or secondary purpose above)
  2. a purpose you would reasonably expect
  3. a purpose required or permitted by law
  4. a purpose otherwise disclosed to you to which you have consented

Depending on the circumstances, Bartercard Services Pty Ltd may disclose your personal information to other people including one or more of the following:

  1. service providers, including management, repairers, contractors, IT, security, legal, accounting, research, credit, credit reporting bodies, marketing, insurers, financial institutions and others
  2. our franchisees, affiliate companies and related companies, Bartercard trade exchange companies, Bartercard international licensees and companies that Bartercard Services Pty Ltd may merge with or who may acquire ownership of us
  3. government, regulatory and law enforcement authorities, where Bartercard Services Pty Ltd is required to or permitted to by law
  4. your employer, if you are an employee of a supplier or franchisee or licensee
  5. to prevent or investigate any fraud or crime (or a suspected fraud or crime)

Disclosure overseas

Bartercard Services Pty Ltd may disclose your personal information to an overseas service provider, for example a cloud data centre or a customer information call centre. Our overseas service providers may be located in:

  1. Europe: United Kingdom, Cyprus
  2. North America: United States
  3. Asia: Singapore, Thailand, Philippines, Hong Kong, India, U.A.E.
  4. Other: New Zealand

If it is not practicable or reasonable for us to gain your consent to disclose your personal information to an overseas service provider, Bartercard Services Pty Ltd will take reasonable steps to notify you of the specific countries where Bartercard Services Pty Ltd discloses your personal information. Bartercard Services Pty Ltd will take reasonable steps to ensure that the overseas services provider is bound by privacy and confidentiality obligations.

13.7 Access to your personal information

You may request access to the personal information that Bartercard Services Pty Ltd holds about you by using the contact details provided above.

Bartercard Services Pty Ltd will deal with your request for such access within a reasonable time. If Bartercard Services Pty Ltd refuses access, Bartercard Services Pty Ltd will provide you with a written notice which sets out the reasons for the refusal and the relevant provisions of the privacy act(s) that we rely on to refuse access.

Bartercard Services Pty Ltd may recover reasonable costs in relation to a request for access to personal information.

Accuracy and correction

Bartercard Services Pty Ltd takes reasonable steps to make sure that the personal information Bartercard Services Pty Ltd collects is accurate, up-to-date and complete. Bartercard Services Pty Ltd takes reasonable steps to make sure that the personal information Bartercard Services Pty Ltd uses or disclose is accurate, up-to-date, complete and relevant. Where Bartercard Services Pty Ltd believes that the personal information Bartercard Services Pty Ltd holds is inaccurate, out-of-date, incomplete, irrelevant or misleading, Bartercard Services Pty Ltd will take reasonable steps to correct that information.

You may request that Bartercard Services Pty Ltd corrects your personal information that Bartercard Services Pty Ltd holds by contacting us by using the contact details provided above. Bartercard Services Pty Ltd will take reasonable steps to correct the information to ensure that it is accurate, up-to-date, complete, relevant and not misleading.

Bartercard Services Pty Ltd will deal with your request to correct your personal information within a reasonable time. If Bartercard Services Pty Ltd does not agree with the corrections you have requested, we are not obliged to alter you personal information accordingly. However, where we refuse to correct any personal information as requested by you, Bartercard Services Pty Ltd will give you a written notice which sets out the reasons for our refusal.

13.8 Security

Bartercard Services Pty Ltd holds your personal information in paper-based and electronic files. Bartercard Services Pty Ltd will take reasonable steps to ensure that your personal information which is kept in our files is protected from:

  1. misuse, interference and loss
  2. unauthorised access, modification or disclosure

This means that, in respect of our paper-based files, Bartercard Services Pty Ltd maintains various security systems on our premises, and in respect of electronic files, Bartercard Services Pty Ltd (or our service providers) maintain secure electronic network systems.

When Bartercard Services Pty Ltd no longer requires your personal information (including when Bartercard Services Pty Ltd is no longer required by law to keep records relating to you), Bartercard Services Pty Ltd ensures that it is destroyed or de-identified.

Website

This section explains how we handle personal information collected from our websites (including social media site and mobile site if relevant). If you have any questions or concerns about transmitting your personal information via the internet, you may contact us using the contact details provided above, as there are other ways for you to provide us with your personal information.

Visiting our website

If you access an unsecured part of our websites, that is, a public page that does not require you to log on, Bartercard Services Pty Ltd (or our service providers) will collect information about your visit, such as:

  1. the time and date of the visit
  2. any information or documentation that you download
  3. your browser type
  4. your IP address

Cookies

A "cookie" is a small text file which is placed on your internet browser and which Bartercard Services Pty Ltd accesses each time you visit our website. When you visit the secured pages of our website (i.e. pages that you have to provide login details to access) Bartercard Services Pty Ltd uses cookies for security and personalisation purposes. When you visit the unsecured pages of our website (i.e. public pages that you can access without providing login details) Bartercard Services Pty Ltd uses cookies to obtain information about how our website is being used.

You may change the settings on your browser to reject cookies, however doing so will prevent you from access to the secured pages of our website.

Email

When Bartercard Services Pty Ltd receives emails, Bartercard Services Pty Ltd will retain the content of the email and our response to you where Bartercard Services Pty Ltd considers it necessary to do so.

Your email address will only be used or disclosed for the purpose for which is was provided. It will not be added to any mailing lists or used for any other purpose without your consent.

Security

Bartercard Services Pty Ltd makes reasonable efforts to ensure that the most up-to-date security measures are used on our website to protect your personal information. Any data containing personal information which Bartercard Services Pty Ltd transmits via the internet is encrypted. However, Bartercard Services Pty Ltd cannot guarantee that any information transmitted via the internet by us, or you, is entirely secure. You use our website at your own risk.

Links on our website

Our website may contain links to third party websites. Bartercard Services Pty Ltd advises that the terms of this privacy policy do not apply to external websites. If you wish to find out how any third parties handle your personal information, you will need to obtain a copy of their privacy policy.

13.9 Marketing

Bartercard Services Pty Ltd may use your personal information, including your contact details, to provide you with information about products and services, including those of third parties, which Bartercard Services Pty Ltd considers may be of interest to you. Bartercard Services Pty Ltd may do this, even if you are on the Do Not Call Register.

Bartercard Services Pty Ltd may also provide your details to other organisations for specific marketing purposes.

You may opt out at any time if you no longer wish to receive marketing information. In order to do so, you will need to request that Bartercard Services Pty Ltd no longer sends marketing materials to you or disclose your information to other organisations for marketing purposes. You can make this request by using the contact details provided above, or by "unsubscribing" from email or other marketing messages.

14 INTELLECTUAL PROPERTY

14.1 Copyright:

  1. Copyright in the website (including text, graphics, logos, icons, sound recordings and software) is owned or licensed by Bartercard Services Pty Ltd 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:
    1. Adapt, reproduce, reverse engineer, store, distribute, print, perform, publish or create derivative works from any part of the website;
    2. Commercialise any information, products or services obtained from any part of the website; without our written permission.

14.2 Trademarks:

  1. Except where otherwise specified, any word or device to which is attached the ™ symbol or ® symbol is a trademark lodged for registration or a registered trademark.
  2. If you use any of Bartercard Services Pty Ltd's trademarks in reference to our activities, products or services, it is your responsibility to include a statement attributing that trademark to us. It is your responsibility not to use any of Bartercard Services Pty Ltd's trademarks:
    1. In or as the whole of part of your own trademarks;
    2. In connection with activities, products or services which are not Bartercard Services Pty Ltd's;
    3. In a manner which may be confusing, misleading or deceptive; or
    4. In a manner that disparages Bartercard Services Pty Ltd or our information, products or services (including the website).

14.3 Restricted Use:

  1. Unless Bartercard Services Pty Ltd agrees otherwise in writing, you are provided with access to the website only for your personal use as a Bartercard Member. You are authorised to print a copy of any information contained on the website for your personal use, unless such printing is expressly prohibited. Without limiting the foregoing, you may not on-sell information obtained from the website.

15 GENERAL PROVISIONS & TERMINOLOGY

15.1 General:

  1. Bartercard Services Pty Ltd accepts no liability for any failure to comply with these Terms and Conditions where such failure is due to circumstances beyond our reasonable control.
  2. If Bartercard Services Pty Ltd waives any rights available to us under these Terms and Conditions on one occasion, this does not mean that those rights will automatically be waived on any other occasion.
  3. 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.
  4. If any Terms and Conditions and any Policies published on the 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 Terms and Conditions or Policies.
  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.
  6. In addition to these Terms and Conditions, you agree to comply with any Policies, rulings, procedures, systems and/or forms that Bartercard Services Pty Ltd places on the Website.
  7. You agree to act honestly and reasonably in all of your dealings in relation to or on the Website.

15.2 Termination of Access:

  1. Access to the Website may be terminated at any time by Bartercard Services Pty Ltd without notice. Our section - "Specific Warnings & Disclaimers" will survive any such termination.
  2. Bartercard Services Pty Ltd will be entitled to terminate your right to use the Website Services without notice to you if:
    1. You breach any provision of these Terms and Conditions;
    2. Your continued access to any part of this Website and/or any service or facility offered by MYBC poses a threat to the security, integrity or operation of any of these facilities and/or services or to Bartercard and its parent, subsidiaries or related companies including Bartercard Licensees, franchisee and Bartercard trade exchanges;
    3. Your Bartercard Membership under your Bartercard Licensee has been terminated or your Bartercard account closed.

15.3 Governing Law:

  1. These Terms and Conditions are governed by the laws in force in Queensland, Australia due to the hosted location and venue.

15.4 Terminology:

  1. In these Terms and Conditions, the following expressions have the following meanings, unless the context otherwise requires:
    1. "Bartercard Services Pty Ltd" means Bartercard Services Pty Ltd and its officers, employees, agents, authorised entities, employees and agents of any Bartercard Services Pty Ltd subsidiary or related parties;
    2. "Bartercard Licensee" means the entity that operates the Bartercard system within a particular jurisdiction;
    3. "Bartercard Trading Program" is a system to facilitate reciprocal Trade amongst its Members.
    4. "Bid Now" listings refer to sales listings where a Buyer makes an offer (a certain price) to purchase an item in an "auction".
    5. "Buy Now" listings refer to sales listings where a Buyer purchases an item immediately at a given set price.
    6. "Buyer", "Buying Member" is the party purchasing goods and services.
    7. "Closed Listing" refers to a sales listing that has closed and either a transaction (sale/purchase) that has been processed or during authorisation process, the transaction has "Declined". A "Closed Listing" does not necessarily refer to the ending/closing time indicated on the listing. In the event of a "Closed Listing", both the Buyer and the Seller will be notified by the dispatch of an email Notification;
    8. "Freeze Funds" means access to the Trade funds is blocked."
    9. "Member" means a business or individual that has subscribed for membership to the Bartercard Trading Program and exchanges its items and/or services with other Members within the Bartercard Trading Program, irrespective of the country of origin;
    10. "My Bartercard" ("MYBC") means an online application that provides facilities for Bartercard Members. MYBC enables distribution of information, transactions to be undertaken and details to be managed;
    11. "Pending Transaction" means a transaction which Bartercard Services Pty Ltd is unable to process the transaction automatically;
    12. "Policies" means Policies published within the Support Centre as updated from time to time. These Policies form part of these Terms and conditions;
    13. "Related Party" 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. "Seller", "Selling Member" is the party selling the goods and services.
    15. "SMSPOS Facility" means the facility provided by the Bartercard Licensees to enable the SMSPOS software to operate within the Bartercard System for each relevant Bartercard Licensee, Bartercard system and network within their licensed territory;
    16. "SMSPOS Service" means the facility that uses Short Messaging System on your mobile phone and allows you to perform certain Bartercard Member transaction. Such services may include the facilitation of trades, retrieval of account balances and/or other services as notified from time to time;
    17. "Trade" is a transaction conducted in the manner set out in the Rules of the Trading Program, between Members involving the sale and purchase of goods which is recorded by those Members in accordance with those rules.
    18. "Trading Plan" means the plan provided by the Bartercard Licensees to identify business information including current and potential expenses. Such information may assist in the facilitation of trades and/or other services within the Bartercard Trading Program.
    19. "Trading Program" means the Bartercard Trading Program that enables Members to trade with each other using the Bartercard system;
    20. "User, "Users", "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;
    21. "We", "us", "our" and "Bartercard Services Pty Ltd" means Bartercard Services Pty Ltd and its officers, employees, agents, contractors and authorised entities including their officers, employees and agents;
    22. "Website Services" means any and all services provided electronically by Bartercard Services Pty Ltd".