Contents

MYBC Services Terms

1 OVERVIEW

2 RIGHTS AND OBLIGATIONS

3 PARTICIPATIONS IN WEBSITE SERVICES

4 THE ONLINE SERVICES

5 RULES ABOUT DELIVERY

6 DISPUTE PROCEDURE

7 STATEMENTS ONLINE

8 BARTERCARD TRANSACTIONS ONLINE

9 CREDIT CARD PAYMENTS

10 SPECIFIC WARNINGS & DISCLAIMERS

1 OVERVIEW

• Welcome to My Bartercard Services (“MYBC Services“) Terms and Conditions (“Terms”) provided by Bartercard Global Pty Ltd ABN 62 665 448 788 (“Bartercard”“we”, “us”, “our”), which are outlined herein.  These Terms govern the use of the “mybc.bartercard.com.au” website (referred to as the “Website“) as well as other applications associated with the Website (“Platforms”).  This includes, but is not limited to, participation in online buying and selling facilities and the utilisation of transaction processing tools, statements online, or any other online information provided by other parties, including Bartercard Digital Australia Pty Ltd ACN 665 448 984 (“Bartercard Australia”) Manager of the Bartercard Trading Program (“Bartercard Trading Program”).

1.2 By utilising the Platforms and any other online services, you are agreeing to abide by these Terms as well as any policies that are published on the Platforms.  Our policies, which encompass all policies referenced within them, constitute integral components of these Terms.

1.3 It is crucial to familiarise yourself with these Terms, especially regarding any fees that may apply, disclaimers and important notices contained within them as they constitute legally binding agreements.  We highly advise reading these Terms carefully.

1.4 By using the Platforms, you are indicating your consent to abide by these Terms.

1.5 In case of any conflict or inconsistency between these Terms and your obligations as a member of the Bartercard Trading Program, these Terms shall prevail for the purpose of your use of the Platforms.

1.6 Enjoy exploring MYBC Services.  If you have any questions or need assistance, feel free to reach out.

2 RIGHTS AND OBLIGATIONS

2.1 Your Use of Our Services:

We provide the Platforms for you to enter and access a broad range of online facilities and services.  They are provided by us and include electronic processing services and online listings.  Other facilities/services are provided independently of us by other parties, including Bartercard Australia.

2.2 Amendment of these Terms:

We retain the authority to amend these Terms according to the following procedures:

1. We may, acting reasonably, vary these Terms for any of the following purposes:
   • we reasonably consider the change is not adverse to users;
   • to comply with any law, regulator guidance or industry requirement;
   • to manage any regulatory, commercial, reputational or financial risk of us as a whole;
   • to make any form of administrative change or remove any ambiguity, inconsistency, or error from these Terms;
   • to maintain, improve or protect the integrity, security, reputation, or smooth operation of the Platforms;
   • to address or reflect any industry or business changes;
   • to otherwise protect the legitimate interests of Bartercard.
2. notification of any amendments shall be promptly provided to users following the official promulgation of the amendment.  Other than where a clause is amended to address a material and immediate risk to us and/or the users, we shall provide at least thirty (30) days written notice before the change takes effect;
3. users have the option to permanently withdraw from using our Platforms;
4. failure to provide written notice of permanent withdrawal within thirty (30) days of receiving notification or engaging in using our Platforms following receiving notice of the amendments, will be construed as acceptance of the changes and waiver of any objections.  The amended Terms shall constitute a contract between us and all users, jointly and severally.

3 PARTICIPATION IN PLATFORM SERVICES

3.1 Who May Participate:

To access the Platforms services, users must meet certain criteria, including:

1. being a member in good standing of the Bartercard Trading Program;
2. being at least 18 years old;
3. being approved by us; and
4. having a valid email address that can receive emails from MYBC Services.

3.2 Acknowledgement:

By using the Platforms, you acknowledge and agree:

1. We do not:
2. participate in the actual transactions between buyers and sellers;
3. control the quality, safety, or legality of items or content posted by users on the Platforms, nor do we verify the truth or accuracy of listings.

Therefore, transactions conducted online are solely the responsibility of the buyer and seller.  We bear no responsibility or liability for the transactions.

1. When you engage in a transaction on the Platforms, you establish a legally binding contract with another User, unless the item is prohibited to be sold or purchased by law, or these Terms, or policies of the Platforms.  It is your responsibility to ensure that you are aware of the laws relevant to you as either the buyer or seller.  If another User breaches any obligations to you then you, and not us, are responsible for enforcing any rights you may have.
2. Any loss incurred by either party in a transaction is not the fault of Bartercard.  Both parties to the transaction indemnify and hold Bartercard harmless from any losses arising from the transaction.
3. We reserve the right to cite these Terms as a defence against any claim, action, proceeding, or suit brought by you against us related to any transaction covered by these Terms.
4. By registering as a User of the Platforms, you may automatically become eligible for and/or be entered into competitions, prizes, and awards.

3.3 Consent:

When you list an item for sale on the Platforms, or buy on an item, you hereby consent to:

1. details or information about the listing(s) on the Platforms may be sent as promotional material to our staff, Bartercard Australia staff, and Bartercard members within the Bartercard Trading Program;
2. your:
   1. email address;
   2. phone number;

• contact name; or

1. any other correspondence or data that may aid in a transaction being completed being sent to potential Buyers or any enquiry as to the item(s);

1. being sent emails that relate to your item(s), purchase, decline or any other transactional information;
2. being sent emails or commercial electronic messages concerning sales information from us, Bartercard Australia and other users.

3.4 Censorship:

Some content may be objectionable to a User in a particular country.  We have the right at our discretion to remove objectionable content.

3.5 Username and Password:

Access to MYBC Services:

When you register as a user for MYBC Services (a “User”), you will choose a username and password, or you can link your MYBC Services account with a third-party login provider like Facebook, Google +, or Windows Live.  It is crucial to keep your login details and passwords confidential and to ensure they are accurate and up to date.  If you use third-party login credentials, you authorise us to use the following information solely to identify 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 us immediately of any unauthorised use of your username, or any other breach of security.

1. Logging Out:

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

1. Use Site for Trading Only:

No communications other than those related to inquiries about items listed on the Platforms are allowed within the Website.  This prohibition includes using the email User functions provided and harvesting 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 must be true and accurate at all times and must remain so throughout your use of the Platforms.

1. Indemnity:

As a User, you agree to indemnify us against any liability that arises from any breach of your warranties or from your use of the Platforms, regardless of the legal basis of the claim, including but not limited to contract, tort (including negligence), strict liability, or any other basis.

4 THE ONLINE SERVICES

4.1 MYBC Services is only a Venue:

Users of the Platforms acknowledge and accept that we are only a facilitator/venue for online transactions.  We are not:

1. a seller of any items or services on the Platforms unless expressly stated otherwise by us;
2. an endorser/promoter or representer of the truthfulness or accuracy of any statement made on the Platforms.  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.  We have no control over quality, safety or legality of items or content posted by users on the Platforms or the truth or accuracy of listings.  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 buyer for “Buy Now” listings the buyer is 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.  It is capable of acceptance by a buyer who clicks “Buy Now”.  Once the buyer clicks “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 but 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 shipping costs;
2. Buyer to pay Shipping Costs:  it is the buyer’s responsibility to pay for the shipping costs 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 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 selecting “Buy Now”.  The seller is not obligated to accept the buyer’s options.

4.7 Prohibited Items:

1. You acknowledge that the Platforms are not available for online sales involving items prohibited by law or by these Terms.  You are not permitted to sell, buy or seek to buy items prohibited for sale by law or these Terms, including the items listed below, unless, where applicable, the seller is appropriately licensed or authorised by the relevant regulator or authority or us or Bartercard Australia:
   1. illegal or illicit items;
   2. items which have been illegally imported;

• items which require or involve an illegal import or export in order to complete the transaction;

1. cash;
2. cash vouchers;
3. 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);

• offensive items (including items of defamatory or ethnically objectionable nature);
• tickets to events that may contravene scalping laws;

1. stolen items;
2. animals and wildlife;
3. replica and counterfeit items;

• stocks and securities;
• any item which in the reasonable opinion of us would be offensive, including but not limited to racist and sexist material.

1. We reserve the right to remove a listing if we believe the sale of the item is prohibited by law or prohibited by these Terms or policies.  We will notify the seller and buyer in writing to the registered email address as recorded in the User’s MYBC Services details, when a listing has been removed.

4.8 Transactions:

1. “Buy Now” transactions:  once the buyer clicks “Buy Now”, a buying feature, included in but not limited to listings published in the “MarketPlace”, “Tourism” or “Opportunities” sites, and subject to the parties’ compliance with these Terms and the Rules of the Bartercard Trading Program, when the buy price is:
2. full trade – Bartercard Australia will process the Trade Dollar amount of transaction immediately; or
3. a combination of Trade Dollars and Australian Dollars
4. Bartercard Australia will process the Trade Dollar amount of transaction immediately; and
5. the seller agrees:

• to communicate to the Buyer the total amount of the Australia Dollar payment due;
• if instructed by the buyer to use a debit or credit card “card not present” as the payment method you will charge the buyer’s card account only for the transaction amount they have authorised; or alternatively advise the buyer your bank account details so that the buyer may process the payment direct to your bank account;
• to provide the buyer with a physical receipt if requested; and
• if the buyer raises a dispute, you agree to release us from any and all claims, demands and damages arising out of or in any way connected with such dispute.

1. All transaction outcomes are advised by email from us.  When the Trade Dollar component of transaction has been processed the email will contain a transaction number.
2. No item(s) should be delivered or collected prior to the seller receiving notification of:

the transaction (including the transaction number) via email from us.  All emails should be carefully read to verify if a transaction has been processed.

1. In the event that you are unable to obtain your emails, or a technical issue has resulted in you being unable to receive emails, please check your “My Profile” and/or the relative Listing on the Platforms, or alternatively, contact us.

4.9 Pending Transactions:

1. The seller and the buyer will receive email notification if a transaction has been delayed.  An outcome will be advised by us in due course.  No items should be sent prior to notification that the pending transaction has been approved and the payment processed.
2. We do not accept responsibility and/or liability for any pending transactions that are delayed or are declined.

4.10 Seller’s Further Online Trading Obligations:

1. You agree to list the item(s) with a 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 Trade Dollar is the equivalent of one Australian Dollar and vice versa.
2. By listing an item, you are making an irrevocable offer to sell the item at your stated price on the “Buy Now” listing.
3. You accept full responsibility for incorrect or inaccurate listings or for inappropriate listing categorisation.
4. All motor vehicle listings must be placed within one of the automotive categories available.
5. If you choose to list adult or mature audience items they must be listed under the adult category.  We reserve the right to censor such items or remove them.
6. You agree not to sell or make efforts to sell an item that you have listed on MYBC Services in any other way during the time of the listing.
7. The seller is liable to a buyer who has acted in good faith and purchased the item in circumstances where the seller has breached these Terms by listing the item for sale elsewhere and/or selling the item elsewhere.
8. You agree not to re-list or sell an item until notified that any delayed transaction(s) have been completed.
9. You agree not to place multiple listings for the same item if only one item is available.
10. If there is a successful 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.
11. The Terms setting out the terms of delivery are in clause 5 “Rules about Delivery”.
12. Terms about delivery also set out the party’s responsibilities for the packing of the items for delivery or collection.
13. We may delete or refuse to list any or all items in its sole discretion.
14. The “Buy Now” listings can be edited in full by the seller prior to the sale. “Buy Now” listings may be closed at anytime.
15. All items must be listed:
16. at full Trade Dollars and inclusive of all country taxes, applicable upon the sale of an item within the seller’s jurisdiction; or
17. as approved by us to be advertised using a combination of Trade Dollars and Australian Dollars, following the guidelines outlined in these Terms which may include a minimum Trade Dollar percentage.  We will inform users of any amendments to these Terms regarding the allowable cash percentage for promoting goods/services on the Platforms at least 30 days prior to any change taking effect.
18. 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.
19. 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 settlement of the “Buy Now” purchase request that we arrange for Bartercard Australia to freeze the Trade Dollar 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 we arrange for Bartercard Australia to freeze funds to the Trade Dollar 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.
20. 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.

4.11 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;

• all relevant and material information concerning the items being offered for sale are contained in the listing;

1. the items are in your possession;
2. you have undisputed ownership at the time of placing the listing;
3. you may remove a “Buy Now” listing at any time prior to its purchase;

• you have not and will not list the same item that you have listed on the Platforms in any other medium whilst your listing is current on the Platforms.

1. Indemnity:

As a seller, you agree to indemnify us against any liability incurred to a third party arising from any breach of your warranties or from the sale or listing of items or services by you in connection with the online selling process.  This indemnification applies regardless of the legal basis of the claim, including contract, tort (including negligence), strict liability, or any other basis.

1. 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).

4.12  Buyers’ further Online Trading Obligations:

1. purchases are made by clicking “Buy Now”.  You as a buyer acknowledges that purchases are irrevocable acceptances of the seller’s conditions, therefore a purchase once made is not retractable or able to be cancelled.
2. 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:
3. collection or delivery in accordance with the terms of delivery; and
4. if the item(s) was advertised for sale including a portion of Australian Dollars the payment of same to the seller.
5. You as a buyer acknowledge that the item(s) 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.
6. The terms setting out the terms of delivery are in clause 5 “Rules about Delivery”.
7. If you as buyer fails 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.
8. Warranty and Indemnity by You as Buyer:
   1. Warranty:

By making a purchase you warrant and represent that you have the ability and the legal right at the time of purchase on MYBC Services and that you are authorised to complete the transaction.

1. Indemnity:

As a buyer, you agree to indemnify us against any liability incurred to a third party arising from any breach of your warranties or from the sale, listing, or purchase of items or services by you in connection with the online buying process.  This indemnification applies regardless of the legal basis of the claim, including contract, tort (including negligence), strict liability, or any other basis.

1. 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 item(s) 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 must provide the Seller with its email address for delivery within seven (7) days of receiving the notification email from MYBC Services.  The seller must then email the item to the buyer’s email address within seven (7) days of receiving the buyer’s email address.  If the buyer fails to provide its email address within seven (7) days of receiving the notification, the seller must email the item within the subsequent seven (7) days to the email address provided in the notification email.
   2. If the seller provides a website for downloading items, it must remain accessible for the buyer to download the items for the subsequent ten (10) days following the email notification of details to the buyer.

• The buyer must ensure it has a valid email address sufficient to receive the items purchased.

1. The seller must keep proof of the sending of email(s) for three (3) months.
2. 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.
3. If the seller receives a non-delivery notification, they must make two (2) additional attempts to successfully deliver the item to the buyer over the subsequent three (3) days.  The seller is required to retain proof of these attempts for a period of three (3) months.

• If the seller is unable to provide within ten (10) days of request written proof that they:
  5. Emailed the items to the buyer’s email address (refer to Clause 5.3. (a) (i)); or
  6. If the seller receives a non-delivery notification from the provided email address, they must make two (2) additional attempts to achieve successful delivery over the following 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.

• If the buyer can provide proof to the Seller that they were unable to download the items due to the seller’s fault and the buyer has not received the items, then the buyer has the option to either:
  1. may reverse the transaction; or
  2. enforce its rights in the legal system.

5. 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.

1. 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“).

• 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“).

1. 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.
2. In all cases the buyer is to arrange and pay all collection costs.
3. The seller must keep proof of collection for three (3) months.

• 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.

• 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.

1. 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.
   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.

• 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.

1. 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.

1. 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.

1. 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.

• 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.

5. 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).
6. The buyer must complete payment arrangements and notify the seller in writing that payment is completed, providing any necessary information for dispatch via the trackable delivery service.  If the delivery is within the same country as the seller, the seller must dispatch the items to the trackable delivery service within ten (10) days of receiving notification from the buyer that payment has been completed.  If the buyer is not in the same country as the seller, the seller must dispatch the items within fourteen (14) days of receiving notification of completed payment.
7. 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.

• 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:
  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.

1. 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 us 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 You will need to contact us as soon as you decide to raise a dispute.  If you take too long to raise a dispute from the date the transaction occurred, we may not be able to assist you.  Contact us at memberservices@bartercard.com.

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 our responsibility to resolve the dispute.  We may exercise our discretion according to these Terms and assist in the efforts to resolve the dispute.

6.3 Dispute notifications will not be accepted after forty-five (45) days from settlement of the “Buy Now” purchase.

6.4 Once a dispute is lodged within this timeframe, we 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 we arrange to reverse the Trade Dollar amount of the transaction(s) in accordance with clause 5.  The buyer can request that we reverse the Trade Dollar amount of the transaction(s) in accordance with clause 4.12 (u).  All other reversals for the Trade Dollar amount 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, we reserve the right to investigate and act 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 us 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 we be a party to any dispute or litigation arising therefrom.

6.11 Both the Buyer and the Seller hereby:

Acknowledge that we are merely the provider of the Platforms trading service and are not involved in any way in any transactions conducted via the Platforms.  The buyer and the seller:

1. undertake not to include us as a party to any dispute, claim or proceedings; and
2. to indemnify us against any loss or damage arising out of a dispute in relation to any transaction conducted via the Platforms.

7 STATEMENTS ONLINE

7.1 Statements Online is a facility to allow certain users access to view their current and historical Bartercard Australia statements using MYBC Services.

7.2 We are not liable for any loss, damage or consequential loss or damage if you use or attempt to access Statements Online without using suitable software.

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

7.4 Information provided by Statements Online is supplied by Bartercard Australia.  If you have any issues concerning the details, you should contact Bartercard Australia at memberservices@bartercard.com.

7.5 You as the User will hold harmless and indemnify us 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 Bartercard Australia and therefore we accept no responsibility; and
2. We have the right to suspend or deny you access to the Platforms, 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 us against any loss you suffer as a result of being denied access to the Platforms.

8 BARTERCARD TRANSACTIONS ONLINE

8.1 Users can transact with other Bartercard Members using the “Pay Member” and “Process Sale” functions (“Transactions Online”).  When a transaction is approved and processed a transaction number will be issued.

8.2 Trade transactions made through Transactions Online are distributed to Bartercard Australia for processing.  We accept no responsibility for the delivery of service.

8.3 You as a Bartercard Member will enter into an agreement with Bartercard Australia, setting out the terms  of your use of the Transactions Online.

8.4 We accept no responsibility for errors of any kind.  If errors are found, immediately contact Bartercard Australia at memberservices@bartercard.com.

8.5 It is your responsibility to ensure that all details are correct (including account number and amount) when using the Transactions Online function.  We take no responsibility for incorrect payment amounts or for payments made to incorrect users accounts as a result of incorrect information.

8.6 Subject to any responsibilities implied by law and which cannot be excluded, we are 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 Platforms 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 CREDIT CARD PAYMENTS

9.1 Payments made through “Pay Fees” are processed through independent third-party service providers to Bartercard Australia.  We accept no responsibility for the delivery of services by independent third-party service providers to the extent permitted by law.

9.2 We are not liable in respect of such third-party services and we provide no warranty and give no endorsement in respect of such services, or any party connected with them.

9.3 We are not liable for errors made by users or third-party providers.  If errors are found, contact Bartercard Australia.

9.4 We are not responsible for errors made by you when authorising any deduction against your credit/debit card.  If an error is made, immediately contact Bartercard Australia at memberservices@bartercard.com.

9.5 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.

9.6 It is your responsibility to ensure that the details are correct when completing a credit/debit card payment.  We take no responsibility for payments made to incorrect Bartercard accounts as a result of an incorrect payment request.

9.7 To the extent permitted by applicable law, we are 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 Platforms, 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.

9.8 We will take reasonable efforts to keep any such information about you secure.  We will only disclose this information to the extent specifically required by law or authorised by you.

10 SPECIFIC WARNINGS & DISCLAIMERS

10.1 Specific Warnings:

1. You acknowledge that we as the provider of the Platforms may elect to transfer and/or subcontract the management rights or any part or all of the provision of the Platforms service to a third party, without notice being sent to users.
2. We are not obliged to notify you of cancellation of your access to the Platforms.  If we do notify you, we are not obliged to state any reason for your cancellation.
3. We retain the right in its discretion to reverse or otherwise uphold transactions under these Terms.
4. If we reverse a transaction as a result of a default under these Terms or in exercise of our discretion, then we 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 entitles us to suspend and/or terminate your registered User status without notice to you.

10.2 Security of Information:

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

10.3 Disclaimers:

1. You acknowledge that the information contained within the Platforms regarding items offered for sale is provided by parties other than us, and we do not accept any responsibility for misleading or deceptive information, or any omissions or errors in the information provide.
2. Other than when we enter into a transaction in our capacity as a User, we:
3. emphasise that we are the Platform provider facilitating various online services.  It provides a venue where users can engage in various activities, such as the “Buy Now”, “Pay Member”, “Process Sale”, “Pay Fees”, “Marketplace”, “Tourism” and “Opportunities”.
4. clarify that we do not directly participate in the transactions between buyers and sellers but instead offer the platform and tools necessary for transaction processing and trading facilitation;

• disclaim all liability arising from or related to any services between users including any liability for the quality, delivery, fitness, or merchantability of goods or services traded;

1. do not accept responsibility for any loss or damages, however caused, which you may directly or indirectly suffer in connection with your use of the Platforms, or any linked website or any transaction that occurs as a result of your use of the Platforms;
2. offer no warranties in relation to items sold or listed, and no warranty in relation to the availability of the Platforms Services;
3. make 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. 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:
5. the replacement of the items; or
6. the supply of equivalent items; the repair of such items; the payment of the cost of replacing the items or acquiring equivalent items; or

• the payment of the cost of having the items

1. You must ensure that your access to the Platforms is not illegal or prohibited by laws which may apply to you, including using another’s username or password without permission.
2. We advise users to take necessary precautions to protect their computer systems from potential risks such as viruses or other forms of interference when accessing the Platforms.  users are responsible for ensuring that their access methods do not pose any threat to their computer systems.  We explicitly state that we do not accept responsibility for any interference or damage to users’ computer systems arising from their access to the Platforms, or any Linked Website.
3. We do not guarantee the accuracy, adequacy, or completeness of the information contained on the Platforms.  While there is no reason to believe that the information is inaccurate, we do not provide a warranty regarding its accuracy, adequacy, or completeness.  Additionally, we do not commit to keeping the Platforms updated.  Users should be aware that we do not accept responsibility for any losses incurred due to reliance on the accuracy or currency of information provided on the Platforms.
4. We clarify that the responsibility for the content of advertisements on the Platforms, including hyperlinks to advertisers’ own websites, lies solely with the advertisers themselves.  We do not endorse or recommend any items or services advertised on the Platforms, and the placement of such advertisements does not constitute an endorsement by us.  Each advertiser is accountable for any representations made in connection with their advertisement.
5. We emphasises that:
   1. we do not act as a representative for any party involved in a transaction, nor do we serve as an agent for either the seller or the buyer;
   2. unless explicitly stated otherwise, we do not endorse or hold any interest in the items being sold on the platform;

• we do not assume responsibility for any defective items, including those that fail to meet saleable quality;

1. we have lack of control over various aspects of advertised items, including their availability, quality, safety, or legality;
2. we do not provide warranties regarding the truth or accuracy of listings and does not oversee representations made by any party involved.

Consequently, both buyers and sellers engage in transactions at their own risk.

1. We absolve ourselves of responsibility for any losses incurred by users, including economic losses resulting from transaction processing issues or reliance on support centre content, guidelines, or comments from our personnel.  These disclaimers are subject to the extent permitted by applicable law.

10.4 Exemption to Disclaimer:

The disclaimer provided in these Terms does not seek to exclude liability arising under statute, if, and to the extent, such liability cannot be lawfully excluded.

10.5 Liability and Indemnity:

1. You acknowledge and agree that we will not be liable to you for any loss or damage (including indirect, special, or consequential loss or damage) that may be suffered or incurred by you, or that may arise directly or indirectly in respect of items or services supplied pursuant to the Platforms services, or in respect of a failure or omission on the part of the other party to a transaction.
2. You release and indemnify us and agree to keep us indemnified against all actions, claims, and demands (including the cost of defending or settling any action, claim, or demand) that may be instituted against us arising out of:
3. a failure by us to comply with these Terms  or a failure by the other party to a transaction to complete a sale or satisfy the requirements of a sale; and
4. any act or omission on your part, including but not limited to a failure by you to comply with your obligations under these Terms.

10.6 Linked Websites:

1. The Platforms may contain links to other websites (“Linked Websites“).  Those links are provided for convenience only and may not remain current or be maintained.
2. We are not responsible for the content or privacy practices associated with Linked Websites.
3. Our links with Linked Websites should not be constructed as an endorsement, approval or recommendation by us of the owners or operators of those Linked Websites, or of any information, graphics, materials, items or services referred to or contained on those Linked Websites, unless and to the extent stipulated to the contrary.