Welcome to tBarter.com's terms of service!
(Last modified date: June 2017)
Welcome to https://tbarter.com/ a site which enables registered users to post and participate in deal requests from merchants (the "Website"). The Website is owned and operated by tBarter Inc. ("we"/"us"/"tBarter").
- The Service. tBarter provides a platform that enables transactions between Users who wish to barter with other Users for the exchange of products on the Website ("Service"). Anyone can browse the public areas of the Website but will be required to become a User in order to post and barter for products. For greater certainty the Website and services offered through the Website are not targeted at or intended for use of minors below the age of 18. If you are below the age of 18 please do not attempt to join or use the member features of the Website.
- Moderation. All information, data, text, software, music, sound, photographs, graphics, video, messages or other materials, whether publicly posted or privately transmitted to the Website by viewers or Users whether in forums or otherwise ("User Content"), is the sole responsibility of such viewers or Users. tBarter does not control such content posted on the Website, and as such, does not guarantee the accuracy, integrity or quality of such content. You acknowledge that by using the Website, you may be exposed to materials that are offensive, indecent or objectionable. Under no circumstances will tBarter be liable in any way for such materials but if you see any offensive or otherwise objectionable content on the Website please inform us. tBarter reserves the right, but not the obligation to regulate content on the Website. tBarter also has the right in its sole discretion to limit, modify, suspend or discontinue or remove any content. However, tBarter and its representatives shall not be liable for any losses, damages or harm resulting from such action or inaction.
Prohibited Items. Any good, service, item, information or content that violates laws and/or legal rights of others in the jurisdiction in which either the buyer or seller is located is not permitted on the Website. In particular, the following goods and services constitute 'Prohibited Items'. This list does not constitute an exhaustive list but is provided as guidance on the types of products and services banned on the Website:
- Illegal items, illegal services and/or items which encourage or facilitate illegal activity;
- Weapons and related items, services or activities including but not limited to firearms, firearm parts, ammunition, BB and pellet guns, replica weapons, tear gas, stun guns and knives;
- Regulated products which do not meet the consumer product safety standards required by applicable regulatory bodies such as Health Canada and the FDA, including hazardous materials such as fireworks and explosives, recall items; body parts/fluids; unsanitized bedding/clothing and any other goods not appropriate for resale for safety, health, or other reasons (eg. adulterated food or beverages;
- Obscene or offensive material including but not limited to any and all pornography, offers or solicitation of prostitution, escort services or sexual services of any kind;
- Alcohol or tobacco products, prescription drugs, medical devices and non-prescription drugs, controlled substances and related items inclusive of illegal drugs and drug paraphernalia;
- Stolen property and property with serial number removed/altered, burglary tools, etc.;
- Any products, goods, services or contracts that the seller does not have the legal right to sell;
- Stocks and securities;
- Personal, confidential or proprietary information inclusive but not limited to ID cards, licenses, police insignia, government documents, birth certificates, and counterfeits of the same;
- Counterfeits, replica, or pirated items; deceptive or fraudulent content;
- Tickets or gift cards that are restricted transfer;
- Lottery or raffle tickets, sweepstakes entries, slot machines and gambling items;
- Affiliate marketing; network, or multi-level marketing; pyramid schemes; and
- false, misleading, bait and switch and miscategorized, or cross-posted messages.
- Creating an Account. Creating an account is free and the signup process is set out on the Website. Please note that you are fully responsible and liable for the security of your account password and any/all use or misuse of the same. You agree to notify us immediately of any unauthorized use of your account. We do not assume any responsibility and will not be liable, for any damages arising from or related to your failure to keep your password secure. You cannot transfer or share your account with anyone else.
- Offered Products. All features, specifications, products and prices of offered products are provided by the applicable Users who have posted such products. We make no representation as to the completeness, accuracy, or currency of any information on this Website and it is your responsibility to verify details of offered products prior to concluding a transaction with a User.
- Bartering. Once you identify an item posted by another User that you are interested in acquiring, you may click "Negotiate". This sends a notification email to the seller informing them that you are interested in their item. The seller will then be able to look at the items you have listed in your 'barter bag'. The seller can select the item(s) in your barter bag that he/she is interested in and submit an offer for barter. Once you receive their offer, you will have the choice to accept or make a counter offer. This process continues until the bartering is complete. You also have the choice to purchase items (in full or in part) using cash or any digital currency that we support.
- tBarter Charges. There is no registration fee to sign up for the Service. However, we charge a transaction fee on any bartering transactions that involve a monetary component paid via a third-party payment processor. If you are paying for an item, your credit card (or other acceptable payment method indicated by tBarter) will be charged the transaction fee at the time when the transaction is completed. You are responsible for paying all fees and applicable taxes associated with goods you order with a valid payment method. If your payment method fails or your account is past due, we may collect fees owed using other collection mechanisms. Once a transaction has been successfully concluded, your payment will be non-refundable through us. However, if the seller wishes to provide you with a refund, they have the option to do so. You are prohibited from circumventing or attempting to circumvent any payment obligations owed to tBarter, and if you do so, we reserve the right to terminate your access to the Service in addition to pursuing any other remedies we have available at law.
- Currency Conversion. Where applicable, when you make a purchase, we provide a currency conversion estimate. Accordingly, actual payment charges may vary from the estimates you see on our system. Currency conversion estimates are provided using a third-party service provider, and we will not be responsible or liable for any inaccuracies in providing currency conversion estimates. It is your sole responsibility to determine the applicable currency conversion rates.
- Links to Third-Party Websites & Content. This Website may contain links to other websites that are not owned or controlled by us. We are not responsible for the content of any linked websites. Any third-party websites or services accessed from the Website are subject to the terms and conditions of those websites and or services and You are responsible for determining those terms and conditions and complying with them. The presence on the Website of a link to any other website not operated by us does not imply that we endorse or accept any responsibility for the content or use of such websites.
- DISCLAIMER. THE INFORMATION AND MATERIALS PROVIDED ON THIS WEBSITE ARE PROVIDED "AS IS." WE DO NOT REPRESENT, WARRANT OR OFFER ANY CONDITIONS THAT: (I) THE INFORMATION OR MATERIALS ON THIS WEBSITE ARE CORRECT, ACCURATE, RELIABLE OR COMPLETE; (II) THE FUNCTIONS CONTAINED ON THIS WEBSITE WILL BE UNINTERRUPTED OR ERROR-FREE; OR (III) THIS WEBSITE OR THE SERVER(S) THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. WE SPECIFICALLY DISCLAIM ALL REPRESENTATIONS, WARRANTIES AND CONDITIONS, EITHER EXPRESS, IMPLIED, STATUTORY, BY USAGE OF TRADE, COURSE OF DEALING OR OTHERWISE INCLUDING BUT NOT LIMITED TO ANY IMPLIED WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, TITLE, SATISFACTORY QUALITY OR FITNESS FOR A PARTICULAR PURPOSE. WE DO NOT WARRANT, ENDORSE, GUARANTEE OR ASSUME ANY RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY ANY USER OR BY ANY THIRD PARTY THROUGH THE WEBSITE OR IN RESPECT TO ANY WEBSITE THAT CAN BE REACHED FROM A LINK ON THE WEBSITE OR FEATURED IN ANY BANNER OR OTHER ADVERTISING ON THE WEBSITE, AND WE SHALL NOT BE A PARTY TO ANY TRANSACTION THAT YOU MAY ENTER INTO WITH ANY SUCH THIRD PARTY INCLUDING WITH ANY USER.
- LIMITATION OF LIABILITY. UNDER NO CIRCUMSTANCES SHALL WE BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY OR OTHER DAMAGES WHATSOEVER, INCLUDING, WITHOUT LIMITATION, ANY DAMAGES THAT RESULT FROM (I) YOUR USE OF OR YOUR INABILITY TO USE, THIS WEBSITE OR ANY OF THE INFORMATION OR MATERIALS CONTAINED ON THIS WEBSITE, (II) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS, DATA, INFORMATION OR SERVICES, (III) ERRORS, MISTAKES, OR INACCURACIES IN THE MATERIALS ON THE WEBSITE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING LIMITATIONS SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW.
- Release. Because we do not control interactions or transactions between Users, you agree that you bear all risk and you agree to release us (and our officers, directors, shareholders, agents, employees, affiliates, subsidiaries, and third party partners) and our designees from claims, demands, and damages (actual and consequential) of every kind and nature, now and in the future, arising out of or in any way connected with your use of the Website.