Terms and Conditions
Last updated: May 15, 2018
Seller – person who wishes to sell an Item using Bartr services;
Buyer – person who wishes to buy an Item using Bartr services;
Bartr – facilitating platform that is designed for a selling and buying certain goods;
Item – legal goods uploaded by Sellers
These Terms and Conditions (“Terms”) written here shall manage your use of this App. These Terms will be applied fully and affect to your use of this App. By using this App, you agreed to accept all terms and conditions written in here. You understand that it is an agreement between you and this Platform (hereinafter reffered to the “Bartr”). You must not use this App if you disagree with any of these App Standard Terms and Conditions.
Please read these Terms and Conditions carefully. Your access to and use of the service is conditioned on your acceptance of and compliance with these Terms and Conditions. These Terms are applied to all visitors, users and others who access or use this App. By using the Platform in any manner you agree to be bound by these Terms without modification.
2. General information
Bartr is a marketplace to exchange and sell used and brand new items with a unique swiping style. Bartr connects buyer and seller securely and safely. With bartr user is able to discover thousands of items near by user without the hustle of getting contacted by scammers and time wasters.
Any and all visitors to our App shall be deemed as “users” of the herein contained Services provided for the purpose of this Terms.
The user acknowledges and agrees that Services provided and made available through our App are the sole property of the Bartr. At its discretion, Bartr may offer additional App Services or update, modify or revise any current content and Services, and this Agreement shall apply to any and all additional Services, all updated, modified or revised Services unless otherwise stipulated. Bartr does hereby reserve the right to cancel and cease offering any of the aforementioned Services. You, as the end user acknowledge, accept and agree that Bartr shall not to be held liable for any such updates, modifications, revisions or discontinuance of any of Our Services and/or products. Your continued use of the Services provided your acceptance of such updates, changes and modifications. Should you not agree to the updated, revised or modified terms, you must stop using the provided Services forthwith.
Furthermore, the user understands, acknowledges and agrees that Services offered shall be provided “AS IS” and such Bartr shall not assume any responsibility or obligation for the timeliness, missed delivery, deletion and/or any failure to store user content, communication or personalization settings.
User is granted a free right to place items in the App after filling in a special form indicating the parameters of the offered item (for example, images, category, item name, price, short description and condition).
A user placing items for the sale undertakes to post information about them in accordance with terms of this agreement and provide accurate and complete information about the Item. By posting information about the item, Seller confirms that he/she has the right to sell this item in accordance with the requirements of current legislation.
In order to buy the Item, Buyer has to make an offer to the Seller. After this request is accepted, the mutual chat is started.
Users who wish to register with the Bartr are required to provide true, accurate, current and complete information about themselves as prompted by registration forms provided. You agree to update your information should there be any changes, in order to keep registered information true, accurate, current and complete. If you provide information contrary to aforementioned conditions, we may deny you or terminate your access to the App, parts of it or our Services. We are not responsible for any failure in providing the Services, which result from information that is not true, accurate, current and complete. You further confirm by registering that you have been convicted of any offence, or subject to any court order, relating to assault, violence, sexual misconduct. You are allowed to register using third party services (f.e., facebook) or another services proposed by Bartr.
5. Member account, username, password and security
When you set up an account, you are the sole authorized user of your account. You shall be responsible for maintaining the secrecy and confidentiality of your password and for all activities that transpire on or within your account. It is your responsibility for any act or omission of any user(s) that access your account information that, if undertaken by you, would be deemed a violation of the Terms and Conditions. It shall be a responsibility to notify the Bartr immediately any unauthorized access of use of your account or password or any other breach of security. If you ever find out or suspect that someone access your account without authorization, you are advised to inform us immediately. The Bartr shall not be held liable for any loss and/or damage arising from any failure to comply with this term of use.
6. Absence of payment and shipment procedures
You hereinafter agree that Bartr is not offering you Pay and Ship Services. It is a sole responsibility of each user to agree on price. In each case, Bartr is not collecting fees or commissions.
7. Modification of Terms
Bartr reserves the right, at its sole discretion, to modify or replace the Terms and Conditions. It is your responsibility to check the Terms periodically for changes. Your continued use of the Platform following the posting of any changes to the Terms and Conditions will be subject to the new Terms and Conditions.
You agree that the clauses of Terms that are considered to be ineffective do not affect the validity of this document. Above-mentioned clauses have to be regulated by current legislation.
8. Intellectual Property Rights
Other than the content you own, under these Terms, the App’s owner and/or its licensors own all the intellectual property rights and materials contained in this App.
You are granted limited license only for purposes of viewing the material contained on this App.
As a condition of your use of the App, you warrant to Bartr that you will not use the App for any purpose that is unlawful or prohibited by these Terms. You may not use the App in any manner, which could damage, disable, overburden, or impair the App or interfere with any other party's use and enjoyment of the App. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the App.
All content included as part of the Platform, such as text, graphics, logos, images, as well as the compilation thereof, and any software used on the App, is the property of Bartr or its suppliers and protected by copyright and other laws that protect intellectual property and proprietary rights. You agree to observe and abide by all copyright and other proprietary notices, legends or other restrictions contained in any such content and will not make any changes thereto.
You will not modify, publish, transmit, reverse engineer, participate in the transfer or sale, create derivative works, or in any way exploit any of the content, in whole or in part, found on the App. Your use of the App does not entitle you to make any unauthorized use of any protected content, and in particular you will not delete or alter any proprietary rights or attribution notices in any content. You will use protected content solely for your personal use, and will make no other use of the content without the express written permission of Bartr and the copyright owner. You agree that you do not acquire any ownership rights in any protected content. We do not grant you any licenses, express or implied, to the intellectual property of Bartr or our licensors except as expressly authorized by these Terms.
9. Restrictions, obligations and rights
You are specifically restricted from all of the following:
- publishing any App material in any other media;
- violating local or international legislation;
- selling, sublicensing and/or otherwise commercializing any App material;
- publicly performing and/or showing any App material;
- using this App in any way that is or may be damaging to this App;
- using this App in any way that impacts user access to this App;
- using this App contrary to applicable laws and regulations, or in any way may cause harm to the App, or to any person or business entity;
- engaging in any data mining, data harvesting, data extracting or any other similar activity in relation to this App;
- using data of another users for un
- register more than one account;
- using this App to engage in any advertising or marketing; and
- ensure the proposed price is correct.
You are specifically obliged to the following:
- remove content that violates current legislation;
- provide true and accurate personal and item information;
Except mentioned in this document, Bartr has the right to remove items from the App or/and terminate or suspend your access to the App at our sole discretion, if you abuse the services, or otherwise create risk or possible legal exposure to Bartr. Bartr reserves the right to change the functionality of the App in order to make the use of App more convenient.
10. Limitation of liability
Bartr does its best to ensure that all information on the App is accurate. If you find any inaccurate information on the App please let Bartr know by sending an email to Web Services at info@Bartr.com and we will correct it, where we agree, as soon as practicable.
Bartr gives no warranty or assurance about the content of the App. As the App is under constant development its contents may be incorrect or out-of-date and are subject to change without notice. While Bartr makes every effort to ensure that the content of the App is accurate, Bartr cannot accept liability for the accuracy of all the content at any given point in time.
Bartr makes every effort to ensure that its computer infrastructure is error- and virus-free but does not warrant that any material available for downloading from the App will be free from infection, viruses and/ or other code that has contaminating or destructive properties. You are responsible for implementing sufficient procedures and virus checks (including anti-virus and other security checks) to satisfy your particular requirements for the accuracy of data input and output.
Neither Bartr nor any of its agents, employees and sub-contractors shall be liable to you or any other party for any claim, loss, demand or damages whatsoever (whether such claims, loss, demands or damages were foreseeable, known or otherwise) arising out of or in connection with the use of the App or information, content or materials included on the App.
In no event shall Bartr or any of its agents, employees or sub-contractors be liable to you for any indirect or consequential loss or damage including, without limitation, any;
- loss of actual or anticipated profits (including loss of profits on contracts);
- loss of revenue;
- loss of business;
- loss of opportunity;
- loss of anticipated savings;
- loss of good will;
- loss of reputation;
- loss or damage to or corruption of data;
- loss of use of money or otherwise,
and whether or not advised of the possibility of such claim, loss, demand or damages and arising in tort (including negligence), contract or otherwise, to the fullest extent permitted by law.
Nothing in this Agreement excludes or limits Bartr liability for:
- death or personal injury caused by Bartr negligence; or
- fraud or fraudulent misrepresentation; or
- the tort of deceit; or
- any other liability which may not be limited or excluded by law.
11. App Rules and Conduct
You shall not (and shall not permit any third party to) either (a) take any action or (b) upload, download, post, submit, link to or otherwise distribute or facilitate distribution of any content on or through the Platform, that:
- infringes any patent, trademark, trade secret, copyright, right of publicity or other right of any other person or entity;
- is unlawful, threatening, abusive, harassing, defamatory, libelous, deceptive, fraudulent, invasive of another’s privacy, tortious, obscene, offensive, or profane;
- constitutes unauthorized or unsolicited advertising, junk or bulk e-mail (“spamming”);
- involves commercial activities and/or sales without Bartr prior written consent such as contests, sweepstakes, barter, advertising, or pyramid schemes;
- harms or may harm other Users as well as Bartr, including but not limited to the swear words, violate language or discrimination;
- contains software viruses or any other computer codes, files, or programs that are designed or intended to disrupt, damage, limit or interfere with the proper function of any software, hardware, or telecommunications equipment or to damage or obtain unauthorized access to any system, data, password or other information of Bartr or any third party; or
- impersonates any person or entity, including any employee or representative of Bartr. You shall abide by all applicable local, state, national and international laws and regulations.
Malicious access to the Bartr Platform
You shall not:
- take any action that imposes or may impose (as determined by Bartr in its sole discretion) an unreasonable or disproportionately large load on Bartr (or its third party providers’) infrastructure;
- interfere or attempt to interfere with the proper working of the Platform or any activities conducted on the Platform;
- run Maillist, Listserv, any form of auto-responder or “spam” on the Platform; or (v) use manual or automated software, devices, or other processes to “crawl” or “spider” any page of the App.
You shall abide by all copyright notices, information, and restrictions contained in any Content accessed through the Platform. You shall not sell, license, rent, modify, distribute, copy, reproduce, transmit, publicly display, publicly perform, publish, adapt, edit, create derivative works from, or otherwise exploit any Content or third party submissions or other proprietary rights not owned by you: (i) without the consent of the respective owners or other valid right and (ii) in any way that violates any third party right.
You may, to the extent the App expressly authorizes you to do so, download or copy Content, and other items displayed on the App for download, for personal use only, provided that you maintain all copyright and other notices contained in such Content.
Please be aware that the App or other features of the Platform may contain, or direct you to Apps containing, information that some people may find offensive or inappropriate.
You agree to indemnify, defend and hold harmless Bartr, its officers, directors, employees, agents, tutors and third parties, for any losses, costs, liabilities and expenses (including reasonable attorney's fees) relating to or arising out of your use of or inability to use the App or services, any user postings made by you, your violation of any terms of this Agreement or your violation of any rights of a third party, or your violation of any applicable laws, rules or regulations. Bartr reserves the right, at its own cost, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will fully cooperate with Bartr in asserting any available defenses.
In the event the parties are not able to resolve any dispute between them arising out of or concerning these Terms and Conditions, or any provisions hereof, whether in contract, tort, or otherwise at law or in equity for damages or any other relief, then such dispute shall be resolved only by final and binding arbitration or a similar arbitration service selected by the parties. The arbitrator's award shall be final, and judgment may be entered upon it in any court having jurisdiction. In the event that any legal or equitable action, proceeding or arbitration arises out of or concerns these Terms and Conditions, the prevailing party shall be entitled to recover its costs and reasonable attorney's fees. The parties agree to arbitrate all disputes and claims in regards to these Terms and Conditions or any disputes arising as a result of these Terms and Conditions, whether directly or indirectly, including Tort claims that are a result of these Terms and Conditions.
14. Governing law
These terms and conditions are governed by the law of UAE and the parties agree to submit to the exclusive jurisdiction of courts of the UAE . In case the member is a special subject under public law or an entrepreneur, all will be governed by the laws of registered office of Bartr.
15. Data protection
Personal Data includes any data about you that specifically identifies you as an individual and information about your activities, such as information about your use of our Platform, when directly linked to personally identifiable information. Our privacy practices are applied with regard to current legislation.
16. Liability Disclaimer
THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THE APP MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION HEREIN. BARTR AND/OR ITS SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE APP AT ANY TIME.
BARTR AND/OR ITS SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, AND ACCURACY OF THE INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS CONTAINED ON THE APP FOR ANY PURPOSE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ALL SUCH INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS ARE PROVIDED "AS IS" WITHOUT WARRANTY OR CONDITION OF ANY KIND. BARTR AND/OR ITS SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS, INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT. BARTR ARE NOT RESPONSIBLE FOR THE PROBLEMS WITH SERVER AND LOSING THE DATABASE.
BARTR IS NOT LIABLE FOR USER ACTIONS RELATED TO THE APP, INFORMATION POSTED BY USER, SOLD (EXCHANGED) ITEMS, BREACH OF INTELLECTUAL PROPERTY AND/OR DISPUTES BETWEEN USERS. YOU HEREINAFTER AGREE THAT BARTR WILL NOT HAVE ANY RESPONSIBILITY ON INFORMATION (INCLUDING BUT NOT LIMITED TO LOCATION) PROVIDED BY SELLER OR/AND BUYER.
17. Contact Us
Bartr welcomes your questions or comments regarding the Terms:
Email Address: email@example.com