Terms and Conditions
Overview
1. These Terms and Conditions govern the use of the Bartercard Property and Business website (the “Website”). The Website is operated by Bartercard Australia Pty Ltd ACN 050 542 544 (“BCA”). By using the Website, you agree to be bound by these Terms and Conditions, together with the Rules of the Trading Program (the “Rules”), the Bartercard Privacy Policy and the Bartercard Legal Terms and Conditions.
2. The Website provides Bartercard members, licensed real estate agents and business agents with a venue to list, view and purchase real estate and businesses directly from other Bartercard members. BCA is not a real estate agent or a business agent. Members communicate directly with members. Participating members may elect to have a licensed real estate agent or business agent act on their behalf or may act for themselves. At no time is BCA involved in the negotiations involving the sale of real estate or the sale of businesses.
Listing on the Website
3. In order to list your property or business for sale on the Website, you must provide BCA with information about you and the property or business to be listed for sale. You must ensure that your listing complies with BCA’s requirements and any statutory or regulatory requirements and that the information provided is true, correct and accurate in all respects.
You agree
(a) not to transmit any computer viruses, worms, defects or other disabling features to the Website;
(b) not to provide inaccurate or misleading or deceptive information;
(c) to comply with all applicable laws, including without limitation the Competition and Consumer Act 2010, in listing and selling your property or business and in using the Website; and
(d) you are authorised to make available the material uploaded or submitted for listing on the Website.
4. At its discretion, BCA may elect to display or not display your listing, or amend, modify or arrange any of the information you have provided.
Intellectual Property
5. BCA is the owner of the Website, including but not limited to the software, design, text, images and layout. BCA is the licensee or owner of the Bartercard logo(s) and trademark(s) displayed on the Website. You have no right to use the Bartercard logo(s) and/or trademark(s) without first having obtained BCA’s written consent, which may be withheld in BCA’s sole discretion.
6. BCA owns copyright in all of the original content of the Website as well as copyright in any selection, coordination, arrangement, enhancement, modification or updating of the content.
7. Except as otherwise expressly permitted by law, any copying, redistributing, retransmitting, publishing or commercial exploitation of any material downloaded from the Website is strictly prohibited without BCA’s prior written consent. By visiting the Website, you do not acquire any ownership rights in any of the content of the site.
Disclaimer
8. The information contained in the Website has been supplied to BCA by Bartercard members or third parties for viewing by other Bartercard members. BCA makes no warranties of any kind regarding this material, including, but not limited to, any warranty of accuracy, completeness or currency. BCA accepts no responsibility and disclaims all liability in respect of any errors, inaccuracies or misstatements contained herein or for any loss or damages incurred arising out of the use of or reliance on information contained in the Website. Independent legal advice should be sought by a prospective purchaser prior to entering into a transaction for the purchase of real estate or the purchase of a business.
9. BCA does not represent any party to the transaction, nor is BCA an agent for any party.
10. To the extent permitted by law: (a) any condition or warranty which would otherwise be implied into these Terms and Conditions is hereby excluded; (b) consequential, special or indirect loss or damage, including, but not limited to loss of opportunity and loss of profits is excluded; and (c) BCA’s liability for any breach by BCA of any condition or warranty that is not excluded is limited to resupplying the services 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.
Liability and Indemnity
11. You release and indemnify BCA, its associates and employees from and against any actions, claims, losses or demands (including legal costs on a solicitor and own client basis) arising whatsoever from any breach by you of these Terms and Conditions, the Rules or the Bartercard Privacy Policy or arising from any negligent act or omission on your part.
12. You agree that BCA will be under no liability to you in respect of any loss or damage (including consequential, special or indirect loss or damage) which may be suffered or incurred by you or which may arise directly or indirectly in respect of your use of the Website or in respect of a failure or omission on the part of another party to a transaction to complete a sale or satisfy the requirements of a sale.
13. You release and indemnify BCA, its associates and employees from and against any actions, claims, losses or demands (including legal costs on a solicitor and own client basis of defending or settling any action, claim or demand) which may be instituted against BCA arising out of a failure by you or a failure by another party to a transaction to complete a sale or satisfy the requirements of a sale.
Linked Websites
14. This Website may contain links to other websites (“linked websites”). These links are provided for convenience only and may not remain current or be maintained.
15. BCA is not responsible for the content or privacy practices associated with linked websites.
16. BCA’s links with linked websites should not be constructed as an endorsement, approval or recommendation by BCA of the owners or operators of those linked websites, or of any information, graphics, materials, goods or services referred to or contained on those linked websites.
Termination of Access
17. Access to this Website may be terminated at any time by BCA without notice.
Subject to Change
18. BCA reserves the right to amend these Terms and Conditions.
Governing Law
19. These Terms and Conditions are governed by the laws of the State of Queensland.
