TERMS AND CONDITIONS OF
www.barterpay.ca
Last revision: June 19, 2020
PLEASE READ THESE TERMS OF USE CAREFULLY BEFORE USING THIS
WEBSITE.
The following Terms and Conditions govern and apply to your use of or reliance upon
this website maintained by BarterPay® (the "Website").
Your access or use of the Website indicates that you have read, understand and agree
to be bound by these Terms and Conditions and any other applicable laws, statutes
and/or regulations. We may change these Terms and Conditions at any time without
notice, effective upon its posting to the Website. Your continued use of the Website will
be considered your acceptance to the revised Terms and Conditions.
1. INTELLECTUAL PROPERTY
All intellectual property on the Website is owned by us or our licensors, which includes
materials protected by copyright, trademark, or patent laws. All trademarks, service
marks and trade names are owned, registered and/or licensed by us. All content on the
Website, including but not limited to text, software, code, designs, graphics, photos,
sounds, music, videos, applications, interactive features and all other content is a
collective work under Canadian and other copyright laws and is the proprietary property
of the Company; All rights reserved.
2. USE OF COMPANY MATERIALS
We may provide you with certain information as a result of your use of the Website
including, but not limited to, documentation, data, or information developed by us, and
other materials which may assist in the use of the Website or Services ("Company
Materials"). The Company Materials may not be used for any other purpose than the use
of this Website and the services offered on the Website. Nothing in these Terms of Use
may be interpreted as granting any license of intellectual property rights to you.
3. PAYMENT
When you make a purchase on the Website, you agree to provide a valid instrument to
make a payment. Pay attention to the details of the transaction, as your total price may
include taxes, fees, and shipping costs, all of which you are responsible for.
When you provide a payment instrument to us, you confirm that you are permitted to use
that payment instrument. When you make a payment, you authorize us (and our
designated payment processor) to charge the full amount to the payment instrument you
designate for the transaction. You also authorize us to collect and store that funding
instrument, along with other related transaction information.
If you pay by credit or debit card, we may obtain a pre-approval from the issuer of the
card for an amount as high as the full price. If you cancel a transaction before
completion, this pre-approval may result in those funds not otherwise being immediately
available to you.
We may cancel any transaction if we believe the transaction violates these Terms, or if
we believe doing so may prevent financial loss.
In order to prevent financial loss to you or to us, we may contact your funding instrument
issuer, law enforcement, or affected third parties (including other users) and share
details of any payments you are associated with, if we believe doing so may prevent
financial loss or a violation of law.
Payment for any on-going services is billed automatically until notification that you would
like to terminate your access to the services.
4. SALE OF GOODS AND SERVICES
We may sell goods or services or allow third parties to sell goods or services on the
Website. We undertake to be as accurate as possible with all information regarding the
goods and services, including product descriptions and images. However, we do not
guarantee the accuracy or reliability of any product information and you acknowledge
and agree that you purchase such products at your own risk. For goods or services sold
by others, we assume no liability for any product and cannot make any warranties about
the merchantability, fitness, quality, safety or legality of these products. For any claim
you may have against the manufacturer or seller of the product, you agree to pursue that
claim directly with the manufacturer or seller and not with us. You agree to release us
from any claims related to goods or services manufactured or sold by third parties,
including any and all warranty or product liability claims.
If you are unhappy with a service being sold on our Website, you may request a refund.
5. AFFILIATE MARKETING & ADVERTISING
We, through the Website and its services, may engage in affiliate marketing whereby we
receive a commission on or percentage of the sale of goods or services on or through
the Website. We may also accept advertising and sponsorships from commercial
businesses or receive other forms of advertising compensation.
6. ACCEPTABLE USE
You agree not to use the Website for any unlawful purpose or any purpose prohibited
under this clause. You agree not to use the Website in any way that could damage the
Website, the services or the general business of BarterPay®.
You further agree not to use and/or access the Website:
a) To harass, abuse, or threaten others or otherwise violate any person's legal
rights;
b) To violate any intellectual property rights of us or any third party;
c) To upload or otherwise disseminate any computer viruses or other software that
may damage the property of another;
d) To perpetrate any fraud;
e) To engage in or create any unlawful gambling, sweepstakes, or pyramid scheme;
f) To publish or distribute any obscene or defamatory material;
g) To publish or distribute any material that incites violence, hate or discrimination
towards any group;
h) To unlawfully gather information about others.
7. PROTECTION OF PRIVACY
Through your use of the Website, you may provide us with certain information. By using
the Website, you authorize us to use your information in Canada and any other country
where we may operate.
We may receive information from external applications you use to access our Website,
or we may receive information through various web technologies, such as cookies, log
files, clear gifs, web beacons or others.
We use the information gathered from you to ensure your continued good experience on
our website. We may also track certain of the passive information received to improve
our marketing and analytics, and for this, we may work with third-party providers,
including other marketers.
If you would like to disable our access to any passive information we receive from the
use of various technologies, you may choose to disable cookies in your web browser.
8. ASSUMPTION OF RISK
The Website is provided for communication purposes only. You acknowledge and agree
that any information posted on our Website is not intended to be legal advice, medical
advice, or financial advice, and no fiduciary relationship has been created between you
and BarterPay®. You further agree that your purchase of any of the
products on the Website is at your own risk. We do not assume responsibility or liability
for any advice or other information given on the Website.
9. REVERSE ENGINEERING & SECURITY
You may not undertake any of the following actions:
a) Reverse engineer, or attempt to reverse engineer or disassemble any code or
software from or on the Website;
b) Violate the security of the Website through any unauthorized access, circumvention of
encryption or other security tools, data mining or interference to any host, user or
network.
10. INDEMNIFICATION
You defend and indemnify BarterPay® and any of its affiliates and
hold us harmless against any and all legal claims and demands, including reasonable
attorney's fees, which may arise from or relate to your use or misuse of the Website,
your breach of these Terms and Conditions, or your conduct or actions. We will select
our own legal counsel and may participate in our own defence, if we wish to so.
11. SPAM POLICY
You are strictly prohibited from using the Website or any of our services for illegal spam
activities, including gathering email addresses and personal information from others or
sending any mass commercial emails.
12. THIRD-PARTY LINKS & CONTENT
We may occasionally post links to third party websites or other services. We are not
responsible or liable for any loss or damage caused as a result of your use of any third
party services linked to from our Website.
13. VARIATION
To the extent any part or sub-part of these Terms and Conditions is held ineffective or
invalid by any court of law, the prior, effective version of these Terms and Conditions be
considered enforceable and valid to the fullest extent.
14. SERVICE INTERRUPTIONS
We may need to interrupt your access to the Website to perform maintenance or
emergency services on a scheduled or unscheduled basis. You agree that your access
to the Website may be affected by unanticipated or unscheduled downtime, for any
reason, but that the we will have no liability for any damage or loss caused as a result of
such downtime.
15. NO WARRANTIES
Your use of the Website is at your sole and exclusive risk and any services provided by
us are on an "as is" basis. We disclaim any and all express or implied warranties of any
kind, including, but not limited to the implied warranty of fitness for a particular purpose
and the implied warranty of merchantability. We make no warranties that the Website
will meet your needs or that the Website will be uninterrupted, error-free, or secure. We
also make no warranties as to the reliability or accuracy of any information on the
Website or obtained through the Services. Any damage that may occur to you, through
your computer system, or as a result of loss of your data from your use of the Website is
your sole responsibility and we are not liable for any such damage or loss.
16. PRIVACY
Internet communications are subject to interception, loss or alteration and, as
consequence, you acknowledge that information or data you provide by electronic
means by accessing or using this Website are not confidential or exclusive, except to the
extent required by the applicable laws, and that communications by email may be
intercepted, altered or lost.
For more information, please refer to our Privacy Policy, which you may find at the
17. LIMITATION ON LIABILITY
We are not liable for any damages that may occur to you as a result of your use of the
Website, to the fullest extent permitted by law. The maximum liability of BarterPay®
arising from your use of the Website is limited to the greater of one
hundred ($100) Canadian Dollars or the amount you paid to BarterPay® in the last
six (6) months. This applies to any and all claims by you, including,
but not limited to, lost profits or revenues, consequential or punitive damages,
negligence, strict liability, fraud, or torts of any kind.
Contact Us
If you have any questions about these Terms and Conditions, please contact us:
BarterPay HQ
1040 South Service Rd., Suite 102
Stoney Creek, ON L8E 6G3
Toll Free: 1.866.777.0660
Local: 905.777.0660
Effective date: June 3, 2020
