| BarterWorld Inc. Terms and Conditions |
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Please read these Terms and Conditions of Use ('Terms') carefully before using www.BarterWorld.com ('the Website'). These Terms apply to all users of this Website including casual browsers. By using this Website you agree to be bound by these Terms, BarterWorld Policies. You acknowledge that you are responsible for making back-up copies of all your data and taking appropriate precautions against viruses, hacking and other types of computer misuse. Whilst we try to ensure that the Website does not contain any error, defect, malfunction or corruption, we do not accept responsibility for any damage to or loss of data on your computer system, network or server that results from the download or use of the Website or any materials made available via the Website (except for death or personal injury caused by our negligence). We cannot promise that access to the Website will be uninterrupted or error free. We reserve the right to suspend access to the Website as required. There may also be occasions when access to the Website is interrupted for emergency maintenance or repairs or to carry out upgrades to improve the performance or functionality of the Website. Access may also be interrupted due to failures of telecommunications links and equipment, which are beyond the control of BarterWorld. You accept that you will not have a claim for breach of contract (either against BarterWorld or our provider) or otherwise in respect of such period of unavailability. You also acknowledge that we cannot be held responsible for any delay or disruptions that are inherent in the operation of the Internet and the World Wide Web, including viruses. We shall not be liable to you for any of the following types of loss or damage arising out of or in connection with your use of the Website or any or content and/or facilities provided via the Website :
Each provision of this Paragraph shall be construed separately as between you and us. If any part is held by a court to be unreasonable, inapplicable or unenforceable, then the other parts shall still apply. If any provision of these Terms becomes void or otherwise unenforceable in whole or in part, the validity of the remainder of these Terms shall not be affected. If either we or you fail to enforce, or delay in enforcing, any of our respective rights or remedies under these Terms, such failure or delay shall not operate as an agreement to waive that right or remedy, and shall not prevent us from exercising that right or remedy in the future. These Terms are governed by and shall be construed in accordance with Canadian law. Any dispute arising between us under or in connection with these Terms shall be subject to the non-exclusive jurisdiction of Ontario courts. 2. Purpose of the Website The purpose of the Website is to provide businesses with an interactive corporate trading system which provides client companies with the facility to use their own product or service to buy other goods and services within the BarterWorld exchange network. 3. Copyright The materials on this Website are protected by copyright. 4. Third Party Links If you choose to use other member links that are provided, you should read the terms and conditions and privacy statement of the third party website. BarterWorld does not accept any liability for any loss, damage, expense, costs or liability whatsoever incurred by you in respect of these third party websites. 5. Amendments to the Terms We reserve the right to amend these Terms from time to time. When we make a change we will update this page of the Website. If we do so, the updated version will be effective as soon as it is uploaded on to this Website. The date of the last revision to these Terms is provided at the end of the Terms. We recommend that you visit this page each time you visit the Website to ensure that you are aware of and are complying with any changes that we have made to these Terms. If you continue to use the Website you will be deemed to have accepted those changes from the point at which these changes come into effect. 9. Provision of the Services When you enroll for a BarterWorld account you will be issued with an account number which will be retained by you throughout your relationship with BarterWorld. We will provide you with access to the Website once you have enrolled. You will need to log on using your chosen user name and password to access you’re account. You can log onto the Website from any computer using your assigned user name and password but you should be aware that maybe not all browsers will enable you to access all of your requirements. If this does happen you should contact your BarterWorld account representative, for assistance. We provide support to our members. We will use reasonable skill and care in providing any technical support and will use reasonable endeavors to ensure that this service is available to you. However, BarterWorld cannot guarantee uninterrupted availability of technical support. We do not guarantee that the technical advice provided by us will resolve your technical problems. If you decide to take advantage of such technical advice, you should ensure that such advice is strictly followed. If the technical advice provided by us does not resolve your technical problem, you will have a number of options under your contract with your BarterWorld. 10. Complaints In the event that you are not satisfied with any aspect of the services, please contact us in the manner described in and contained on the Website. 11. Your Right to Use the Account Materials and your Related Obligations Save as expressly set out in these Terms, you may not modify, copy, reproduce, re-publish, upload, post, transmit or distribute in any way any of the Account Materials. Any use of the Account Materials not expressly permitted in these Terms is strictly prohibited and will constitute an infringement of either our copyright or our other intellectual property rights, and / or the copyright or other intellectual property rights of our licensors. 12. Chatrooms, Message Boards and Email Broadcast BarterWorld offers (if directed by member) chatroom, message board and email facilities to all members who have enrolled on an account. This enables you to post comments on and discuss both the content and service provided on the Website, the accounts offered via the Website and the general experience with your fellow members. For the avoidance of doubt, any comments or materials that you post on any area of the website are subject to this paragraph. BarterWorld provides its chatroom, message board and email facilities to you for no additional charge. As a consequence of this BarterWorld does not make any guarantee as to the availability, performance or continued provision of these services and reserves the right to modify or to terminate the provision of all or any of these services at any time. BarterWorld also reserves the right to establish general rules and limits concerning use of its chatroom, message board and Paging facilities. We shall notify you via these terms and conditions if we amend any such rules or limits. You agree that BarterWorld have no responsibility or liability for the deletion or failure to store any messages or other communications that you send or receive using our chatroom message board or email facilities. You acknowledge that you are solely responsible for any content or other materials that you send or post to the chatroom, message board or email facilities or any part of the Website and that all message boards are moderated by BarterWorld and that BarterWorld reserves the right to remove any message which is inconsistent with our aim of promoting an inclusive environment. All chat sessions are logged and any complaints will be investigated by BarterWorld. You agree not to use the chatroom, message board or email facilities or any part of the Website:
If you discover any material or behavior of other users which you think is unacceptable or in breach of these Terms and Conditions you should report it to us, and we will deal with it at our discretion. 13. Removal of content and response to complaints In the event that you send any content that breaches the provisions of the above paragraph, BarterWorld reserves its right to remove that content or disable access to it and to respond to any complaints made by a third party in respect of that content. BarterWorld will not be liable to you if it removes any content because it believes that such content breaches the provisions of these Terms. BarterWorld shall have the right without notice to record the IP address from which any user submitted content is transmitted or communicated through this Website. BarterWorld may also preserve any content that you send or receive if required to do so by law or if reasonably required to ensure compliance with the Terms or to respond to third party complaints about such content. BarterWorld reserves the right to delete any contribution, or take action against any account, at any time, for any reason. The continued use of the Website following any changes to the Terms will mean that you accept such changes. 14. Membership Members are bound by the terms of the membership agreement.
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