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TERMS AND CONDITIONS 

 

 

In these Terms, Platform refers to Barterchain’s barterplace platform regardless of how it is accessed.  
 
The Parties: 
 

Users: any person interested in exchanging and swapping services, benefits, and skills through the Barterchain Platform, and thus becoming a member, hereinafter identified as “User”; and 

 

Barterchain: Barterchain Limited, a private limited company having its registered office at Connaught House, 1 Burlington Road, Dublin 4, Ireland (company registration number: 716226), as the owner of the “Barterchain Platform” that allows members to swap / barter their skills and services, hereinafter identified as “Barterchain” or as “Company”.   

 

  

1. Contract Conclusion and Acceptance

   1. By accessing and/or using the Platform and/or by accepting these Terms and Conditions (the “Terms”), either by creating a Barterchain account or by clicking a box indicating your acceptance, you:​

      1. agree to and are bound by the Terms set forth below and in any modified or additional terms that Barterchain may publish from time to time; 

      2. warrant to Barterchain that you have reviewed these Terms, and that you understand these Terms; 

      3. warrant to Barterchain that you have the legal capacity to enter into a legally binding agreement with Barterchain and if you are accepting these Terms on behalf of a company or other legal entity, you represent that you have the authority to bind such entity and its affiliates to these Terms; 

      4. warrant that in the event that Barterchain, in its sole discretion, believes that you do not have the authority to bind another party, you must do all things necessary to procure and provide evidence of such authority to Barterchain prior to accepting these Terms; and 

      5. agree to use the Platform in accordance with the Terms. 

   2. Please read the Terms carefully. You must immediately cease using the Platform if you do not agree to the Terms. In this clause, “you” refers to the User. Barterchain may, at any time and at its discretion, vary these Terms by publishing the varied terms on the Platform. Barterchain recommends you check the Platform regularly to ensure you are aware of the current Terms. 
      
       

2. Platform Summary

   1. Barterchain, as a mere intermediary, provides a platform for Users to swap their skills and services.

   2. The barters will be conducted on a biunivocal (one to one relationship) basis. The barter contract will be stipulated directly between Users. Barterchain’s only role will be the intermediary matching of Users’ needs.

   3. The terms of any exchange of skills and talents will be negotiated by the Users using the direct chat function on the Platform. 

   4. Barterchain won’t verify or control the content of the direct chats exchanged by Users. Barterchain asks that Users do not mention or speak about prices or money in their chats. Barterchain is a bartering platform, and it is forbidden to pay for services, skills or talents, with money and/or any other payment methods (e.g. credit or debit card) instead of swapping.

   5. When the barter has been concluded the relevant Users will be invited to mark the barter as successful and to provide a rating of the exchange.

   6. Once the steps outlined in clause 2.5 above have been complied with and the exchange is marked as successful by both Users they will then each receive tokens (hereinafter referred to as “Bartertokens”). An equal number of Bartertokens shall be issued to each relevant User.
      
       

3. Registration

   1. A User must create an account in order to access the Platform (hereinafter “Account”). In order to create an Account a User must: 

      1. be at least 18 years old; and 

      2. ensure that any information provided when creating an Account is accurate, real and up to date. 

   2. When a User creates an Account, Barterchain will provide account details for the Account. It is the User’s responsibility to keep its account details confidential. A User is liable for all activity on its Account. 

   3. A User may register for an Account via manual registration or by using its Google, Facebook or other social media network account (Social Media Account). If a User signs into its Account using its Social Media Account, the User authorises Barterchain to access certain information on its Social Media Account. 

   4. Please see our Privacy Policy which sets out the terms on which we process any personal data we collect from you, or that you provide to us. The User warrants that all data provided by you is accurate. 

   5. The User will immediately notify Barterchain of any unauthorised use of its Account. 

   6. Barterchain may, at its sole discretion, refuse to allow any person to register or create an Account, if the Company reasonably believes that the User intends to use the Platform for anything other than permitted purposes (to exchange services, skills, and talents).  
      
       

4. Bartertokens

   1. Bartertokens are in no way and are not to be construed as cryptocurrencies.  

   2. Bartertokens are proof that a barter has taken place; each time a barter has taken place a Bartertoken is given to the Users that certify this exchange of talents or services within the Barterchain community.  

   3. Bartertokens have no value whatsoever but are simply certificates of proof that a barter has taken place.  
      
       

5. Safety

   1. Although Barterchain strives to encourage a respectful User experience on the Platform, Barterchain is not responsible for the conduct of any User on or off of the Platform. By using the Platform you agree to use caution in all interactions with other Users, particularly if you decide to communicate off the Platform or meet in person.  

   2. Barterchain advises Users to meet virtually before meeting in person and that the first meeting of the Users be in a public place. 

   3. Barterchain can’t ensure:  

      1. the existence of the declared User’s ability or skills;  

      2. the User’s satisfaction; or 

      3. the quality of the declared User’s ability or skills. 

   4. As a consequence, Barterchain will not be responsible for the User’s dissatisfaction due to reasons not attributable directly to the Company. 

   5. If Users want to barter their skills and talents in their own homes, Barterchain strongly advises Users to confirm the personal identification details of the other User.

   6. Users are solely responsible for their interactions with other Users. Users understand that Barterchain does not conduct criminal background checks on its Users or otherwise inquire into the background of its Users.  
      
       

6. Content Licensing

   1. Licence

      1. By creating an Account, the User grants Barterchain a worldwide, transferable, sub-licensable, royalty-free, right and license to host, store, use, copy, display, reproduce, adapt, edit, publish, modify and distribute information you authorize us to access from third parties such as Facebook, as well as any information you post, upload, display or otherwise make available (collectively, "post") on the Platform or transmit to other members (collectively, "Content").

      2. In consideration for Barterchain allowing you to use the Platform, you agree that we, our affiliates, and our third-party partners may place advertising or promotions on the Platform.

      3. Barterchain grants Users a personal, worldwide, royalty-free, non-assignable, nonexclusive, revocable, and non-sublicensable license to access and use the Platform. This license is for the sole purpose of letting Users use and enjoy the Platform’s benefits as intended by Barterchain and permitted by this Agreement. 

   2. Restrictions

      1. The license granted to the User and any authorization to access the Platform are automatically revoked in the event that a User does any of the following:

         1. use the Platform or any content contained in the Platform for any commercial purposes without our written consent;

         2. copy, modify, transmit, create any derivative works from, make use of, or reproduce in any way any copyrighted material, images, trademarks, trade names, service marks, or other intellectual property, content or proprietary information accessible through the Platform without Barterchain’s prior written consent.

         3. express or imply that any statements you make are endorsed by Barterchain; or

         4. use any robot, bot, spider, crawler, scraper, site search/retrieval application, proxy or other manual or automatic device, method or process to access, retrieve, index, "data mine", or in any way reproduce or circumvent the navigational structure or presentation of the Platform or its contents.

      2. Barterchain may investigate and take any available legal action in response to illegal or unauthorized uses of the Platform, including termination of your account. 
         
          

7. Prohibited Use

   1. By using the Platform, you agree that you will:  

      1. use the Platform in a respectful and collaborative manner; and 

      2. comply with all applicable local, state, national or other law or regulation or any order of a court, including but not limited to taxation compliance. 

   2. By using the Platform, you agree that you will not: 

      1. use the Platform for any purpose that is illegal or prohibited by this Agreement; 

      2. use the Platform for any harmful or nefarious purpose; 

      3. use the Platform in order to damage Barterchain; 

      4. spam, solicit money from or defraud any other Users; 

      5. impersonate any person or entity or post any images of another person without his or her permission; 

      6. bully, "stalk", intimidate, assault, harass, mistreat or defame any person; 

      7. infringe our intellectual property rights or those of any third party in relation to your use of the Platform; 

      8. post any Content that violates or infringes anyone's rights, including rights of publicity, privacy, copyright, trademark or other intellectual property or contract right; 

      9. post any Content that is hate speech, threatening, sexually explicit or pornographic; 

      10. post any Content that incites violence; or contains nudity or graphic or gratuitous violence; 

      11. post any Content that promotes racism, bigotry, hatred or physical harm of any kind against any group or individual; 

      12. solicit passwords for any purpose, or personal identifying information for commercial or unlawful purposes from other Users or disseminate another person's personal information without his or her permission; 

      13. use another User's Account, share an Account with another member, or maintain more than one account; 

      14. create another Account if we have already terminated your account, unless you have our permission; 

      15. using the Platform to find Content and then copying Content or completing a transaction independent of the Platform;  

      16. do anything which might bring Barterchain or the Platform into disrepute; 

      17. seek to generate Bartertokens by any means other than through verified barters meeting the eligibility criteria specified by Barterchain from time to time;  

      18. employ any technology that interferes in any way with the proper operation of the Platform, including by blocking any advertising or promotions displayed thereon; and  

      19. do anything that might violate any local, state, national or other law or regulation or any order of a court.​

   3. Users can report any breach of these Terms by contacting Barterchain and outlining the nature of the breach.  ​​

   4. Barterchain reserves the right to investigate and/or terminate your account without a refund of any kind if you have violated this Agreement, misused the Platform or behaved in a way that Barterchain regards as inappropriate or unlawful, including actions or communications that occur on or off the Platform. 
      
       

8. Privacy

   1. Barterchain processes personal data about you and your use of the Platform in accordance with Barterchain’s Privacy Policy and Cookies Policy. 
      
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9. Representations and Warranties

   1. Barterchain does not warrant that the Platform or the Content will be error-free or will operate without interruption or that, except as set out in these Terms, the Platform will be operated in the manner intended by the User or the Platform will meet the requirements of the User. 

   2. Barterchain makes no representations or warranties whatsoever as to the conduct of Users. 

   3. Barterchain makes no representations or warranties whatsoever as to the quality of services or skills provided by Users or third parties.  

   4. Barterchain makes no representations or warranties whatsoever as to the accuracy of Content or information obtained on the Platform. 

   5. Barterchain makes no representations or warranties about the correct and compliant application of any applicable tax law or regulation by Users concluding barter contracts.  

   6. To the maximum extent possible under applicable law no warranty of any kind, either express or implied, including but not limited to warranties of title or non-infringement or implied warranties of merchantability or fitness for a particular purpose, is made in relation to the Platform. 
      
       

10. Other User’s Content

    1. Although Barterchain reserves the right to review and remove Content that violates this Agreement, such Content is the sole responsibility of the User who posts it, and Barterchain cannot guarantee that all Content will comply with this Agreement.​
       
        

11. Third Party Services and Content

    1. The Platform may contain advertisements and promotions offered by third parties and links to other web sites or resources. Barterchain is not responsible for the availability (or lack of availability) of such external websites or resources. If you choose to interact with the third parties made available through our Platform, such party's terms will govern their relationship with you. Barterchain is not responsible or liable for such third parties' terms or actions; and

    2. For your convenience Barterchain may include in the Platform links to other sites on the internet that are owned or operated by third parties (“Third Party Websites”). You also agree that Barterchain has no control over the content of Third Party Websites and does not have any responsibility for any material available on such Third-Party Websites nor for any use of or reliance on the contents of such Third Party Websites by you. 
       
        

12. Indemnity and liability

    1. Despite anything to the contrary (but subject to clause 12.3), to the maximum extent permitted by the law:

       1. Barterchain’s maximum aggregate Liability arising from or in connection with these Terms will be limited to €100; 

       2. Barterchain, its shareholders, directors, officers, employees, agents, subsidiaries, affiliates, successors, and assignees will not be liable to the User for any loss of profit (including anticipated profit), loss of benefit (including anticipated benefit), loss of revenue, loss of business, loss of goodwill, loss of opportunity, loss of savings (including anticipated savings), loss of reputation, loss of use and/or loss or corruption of User Data, whether under statute, contract, equity, tort (including negligence), indemnity or otherwise arising out of the use or inability to use the Barterchain Platform; and 

       3. Users will be responsible for their compliance with any applicable local, state, national or other law or regulation or any order of a court, including but not limited to taxation compliance. Barterchain, its shareholders, directors, officers, employees, agents, subsidiaries, affiliates, successors, and assignees will not be liable for any failure of its Users in this regard. 

    2. Nothing in this clause 12 shall limit the User's obligations to Barterchain under these Terms. 

    3. Clause 12.1 will not apply to Barterchain’s Liability to the User under these Terms for any liability which cannot be excluded or limited by applicable law, including:

       1. fraud or criminal conduct; or 

       2. death or personal injury.

    4. Despite anything to the contrary, to the maximum extent permitted by the law, Barterchain will have no Liability, and the User releases and discharges Barterchain from all Liability, arising from or in connection with any:

       1. Third Party Liability arising from any dispute, allegation or claim in relation to ownership of the Intellectual Property Rights or Moral Rights in the Content;

       2. failure or delay in providing service on the Platform; 

       3. breach of these Terms, where caused or contributed to by any:

          1. event of Force Majeure; 

          2. act or omission of the User.

    5. Barterchain uses third-party service providers such as Amazon Web Services to host the Platform. Barterchain will not be liable for any interruption to the Platform, unavailability or outage, or any interruption, caused by any such third-party service provider.

    6. Users agree that, to the maximum extent permitted by the law, these Terms exclude all terms, conditions and warranties implied by statute, in fact or on any other basis, except to the extent such terms, conditions and warranties are fully expressed in these Terms.

    7. The User indemnifies Barterchain, and hold’s Barterchain harmless, against any Liability suffered by Barterchain arising from or in connection with the User’s use of the Platform or the Content in breach of these Terms or any Third Party’s claim in relation to Intellectual Property or any applicable laws by the User. This indemnity is a continuing obligation, independent from the other obligations under these Terms, and continues after these Terms end. It is not necessary for Barterchain to suffer or incur any Liability before enforcing a right of indemnity under these Terms.

    8. This Clause 12 will survive the termination or expiry of these Terms. 
       
        

13. Termination

    1. Users may terminate their account at any time for any reason.

    2. Barterchain may immediately suspend, terminate or limit a User’s access to and use of the Platform and (where applicable) the User’s Account if the User breaches the Terms or if it is reasonably believed that the User has breached the Terms. Barterchain’s decision to suspend, terminate or limit a User’s access to the Platform is final. 

    3. Barterchain may stop making the Platform (or any part of it) available without prior notice. 
       
        

14. General

    1. Amendment: Barterchain may, at any time and at Barterchain’s discretion, vary these Terms by publishing varied terms on the Platform.

    2. Assignment: A User may not assign any rights or obligations under these Terms, whether in whole or in part.

    3. Disputes: Neither Party may commence court proceedings relating to any dispute arising from, or in connection with, these Terms without first meeting with a senior representative of the other Party to seek (in good faith) to resolve that dispute (unless that Party is seeking urgent interlocutory relief or the dispute relates to compliance with this clause.

    4. Entire agreement: The Terms contain the entire understanding and agreement between the User and Barterchain in respect of the use of the Platform.

    5. Governing law: These Terms are governed by the laws of Ireland. The Platform may be accessed in Ireland and overseas. Barterchain makes no representation that the Platform complies with the laws (including intellectual property laws) of any country outside of Ireland. If a User accesses the Platform from outside Ireland, the User does so at its own risk and is responsible for complying with these laws in the place the User accesses the Platform.

    6. Jurisdiction: the courts of Ireland shall have exclusive jurisdiction to settle any dispute or claim (including non-contractual disputes or claims) arising out of or in connection with these Terms and Conditions. 

    7. Notices: Any notice given under these Terms must be in writing and addressed to Barterchain at the details set out below or to a User at the details provided when the User registers for an Account. Any notice may be sent by standard post or email, and will be deemed to have been served on the expiry of 48 hours in the case of post, or at the time of transmission in the case of email.

    8. Relationship of parties: These Terms are not intended to create a partnership, joint venture or agency relationship between the parties.

    9. Severance: If a provision of these Terms is held to be void, invalid, illegal or unenforceable, that provision is to be read down as narrowly as necessary to allow it to be valid or enforceable, failing which, that provision (or that part of that provision) will be severed from these Terms without affecting the validity or enforceability of the remainder of that provision or the other provisions.

    10. Waiver: Any failure or delay by a Party in exercising a power or right (either wholly or partly) in relation to these Terms does not operate as a waiver or prevent a Party from exercising that power or right or any other power or right. A waiver must be in writing. 
        
         

15. Definitions and Interpretation

In these Terms, unless the context otherwise requires: 

 

Business Day means a day on which banks are open for general banking business in Ireland, excluding Saturdays, Sundays and public holidays. 

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Claim means any actual, contingent, present or future claim, demand, action, suit or proceeding for any Liability, restitution, equitable compensation, account, injunctive relief, specific performance or any other remedy of whatever nature and however arising, whether direct or indirect, and whether in contract, tort (including but not limited to negligence) or otherwise. 

 

Force Majeure means any event or circumstances beyond the reasonable control of a Party including any fire, lightning strike, flood, earthquake, natural disaster, sabotage, nuclear contamination, terrorism, epidemics or pandemics, war or civil riot that occurs to the extent that it:

(a) would be unreasonable to expect the affected Party to have planned for, avoided or minimised the impact of such circumstance by appropriate risk management, disaster recovery or business resumption plan; and 

(b) results in a Party being unable to perform an obligation under these Terms on time. 

 

Intellectual Property means any: 

(a) copyright; 

(b) registered or unregistered design, patent, trade mark rights; 

(c) trade, business, company or domain names; 

(d) know-how, inventions, processes, trade secrets or confidential information;  

(e) circuit layouts, databases or source codes; or 

(f) similar rights in any part of the world, 

relating to a Party and/or the operation of its business, including any application, or right to apply, for registration of, and any improvements, enhancements or modifications of, the foregoing. 

 

Intellectual Property Rights means all present and future rights to Intellectual Property 

including any application, or right to apply, for registration of, and any improvements, 

enhancements or modifications of, any Intellectual Property. 

 

Liability means any expense, charge, cost, liability, loss, damage, Claim, demand or proceeding (whether under statute, contract, equity, tort (including negligence), indemnity or otherwise), howsoever arising, whether direct or indirect and/or whether present, unascertained, future or contingent. References to liability include every kind of liability arising under or in connection with the Contract including liability in contract, tort (including negligence), misrepresentation, restitution or otherwise. 

 

Moral Rights: means all rights under Sections 107 to 119 inclusive of the Copyright and Related Rights Act 2000 and all other moral rights and rights of a similar nature under the laws of any jurisdiction. 

 

Party means a party to these Terms from time to time. 

 

Personnel means in relation to a Party, any employee, contractor, officer and agent of that Party. 

 

Third Party means a person other than Barterchain or the User.

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  16. Interpretation

In these Terms, unless the context otherwise requires: 

(a) the singular includes the plural and vice versa; 

(b) headings are for convenience only and do not affect interpretation; 

(c) a reference to a clause, paragraph, schedule or annexure is a reference to a clause, 

paragraph, schedule or annexure, as the case may be, of these Terms; 

(d) if any act which must be done under these Terms is to be done on a day that is not 

a Business Day then the act must be done on or by the next Business Day; 

(e) a reference to any legislation or law includes subordinate legislation or law and all 

amendments, consolidations, replacements or re-enactments from time to time; 

(f) where a word or phrase is defined, its other grammatical forms have a 

corresponding meaning; 

(g) a reference to a natural person includes a body corporate, partnership, joint 

venture, association, government or statutory body or authority or other legal 

entity and vice versa; 

(h) includes and similar words mean includes without limitation; 

(i) no clause will be interpreted to the disadvantage of a Party merely because that 

Party drafted the clause or would otherwise benefit from it; 

(j) a reference to a party to a document includes that party’s executors, 

administrators, successors, permitted assigns and persons substituted by novation 

from time to time; 

(k) a reference to these Terms or any other document includes the document, all 

schedules and all annexures as novated, amended, supplemented, varied or 

replaced from time to time; 

(l) a reference to a covenant, obligation or agreement of two or more persons binds 

or benefits them jointly and severally; 

(m) if a period of time is specified and dates from a given day or the day of an act or 

event, it is to be calculated exclusive of that day; 

(n) a reference to time is to local time in Dublin, Ireland 

(o) a reference to € or euro refers to the currency of Ireland from time to time. 

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