TERMS OF USE YOUR USE IN ANY WAY OF THE BARTERFLI WEB SITE IS CONDITIONED UPON AND SUBJECT TO THE FOLLOWING: General Terms & Conditions Relating to the barterfli Web Site Welcome to barterfli's (http://www.barterfli.com) (the "Web Site). By accessing and using this Web Site, you shall be deemed to have accepted to be legally bound by these Terms & Conditions. If you do not agree to these Terms & Conditions of use, please leave this Web Site immediately. General These Terms & Conditions of use may be changed from time to time. Changes are effective immediately and will be updated on this page. You are responsible for regularly reviewing the Terms and Conditions. Your use of this Web Site after such changes will expressly constitute your agreement to the modified Terms & Conditions of use and all of the changes. Proprietary Rights The materials located on the barterfli Web Site (the "Content" or "Contents"), including policy information or other information as well as any software programs available on or through the Web Site, are protected by copyright, trademark and other forms of proprietary rights. All right, title and interest in and to the Contents are owned, licensed to or controlled by barterfli and barterfli members. barterfli, barterfli logo are trademarks of barterfli. All other trademarks, trade names, service marks, product names and logos contained herein are used in an editorial fashion only, and to the benefit of respective owners, with no intention of trademark infringement. Restrictions on use of Materials Except as otherwise provided, the Contents of this Web Site shall not be reproduced, republished, uploaded, posted, transmitted or otherwise distributed in any way, without the prior written permission of barterfli. Modification of any of the Contents or use of the Contents for any other purpose will be a violation of barterfli's or barterfli members' copyright and other intellectual property rights. Graphics and images on this Web Site are protected by copyright and may not be reproduced or appropriated in any manner without written permission of barterfli. Disclaimer of Warranties and Liability Due to the inherent defects of electronic distribution, there may be delays, omissions, or inaccuracies in the contents, and although barterfli endeavours to ensure that the contents are accurate, correct or have been obtained from sources believed to be reliable, they are provided to you on an “as is” and “as available” basis without warranties of any kind. barterfli does not make any representations and hereby disclaims with respect to this website and the contents all expressed, implied and statutory warranties of any kind to you or any third party, including, but not limited to, representations and warranties regarding accuracy, timeliness, completeness, currentness, noninfringement, merchantability, or fitness for any particular purpose, or any representations or warranties arising from usage or custom or trade or by operation of law. barterfli assumes no responsibility for the consequences of any errors or omissions. In no event shall barterfli be liable to you or to anyone else for any loss or injury caused in whole or in part by contingencies beyond its control or negligence in procuring, compiling, interpreting, editing, writing, reporting or delivering any content. In no event shall barterfli be liable to you or anyone else for any claim arising out of or relating to this web site or any content, including, but not limited to, any decision made or action taken by you in reliance upon such content or for any types of damages (such as, but not limited to, direct, consequential, special, punitive or indirect damages), even if advised of the possibility of such damages. barterfli does not make any recommendation regarding any trade, company or product information issued on this web site to any company. Please seek the advice of barterfli or barterfli partners and members, as appropriate, regarding the evaluation of any specific report, opinion, advice or other content. Right of Access barterfli reserves all rights to terminate, suspend, change, update, modify or discontinue any aspect of this web site from time to time. barterfli also reserves the right to impose limits on certain features and services, to deny or restrict access to parts or all of the web site to any particular person, or to block access from a particular internet address to this web site, at any time, without notice or liability and without ascribing any reasons whatsoever. Indemnity You hereby agree to indemnify, defend and hold harmless barterfli, its officers, directors, shareholders, predecessors, successors in interest, employees, agents, subsidiaries and affiliates from and against all damages, demands, losses, liability, claims or expenses and costs (including legal costs) due to or arising out of or in connection with(1) your use of the Site and/or use of the services, or (2) any other party’s access of this web site and/or use of the online services using your user id and/or login password, or (3) your breach of any of these Terms of Use, or (4) any other party’s breach of any of these Terms of Use where such party was able to access this web site and/or use the services by using your user id and/or login password. Links to Other Sites and to the barterfli Site This Site may contain links to other independent third-party Web sites (“Linked Sites”). These Linked Sites are provided solely as a convenience to you as a user of this web site. Such Linked Sites are not under barterfli’s control, and barterfli is not responsible for and does not endorse the content of such Linked Sites, including any information or materials contained on such Linked Sites. You will need to make your own independent judgment regarding your interaction with these Linked Sites. barterfli shall not be liable for any damages or loss arising from the contents of these web sites. barterfli disclaims all responsibility and liability for the use of linked web sites which are accessed and used at the user’s risk and subject to the terms and conditions of access and/or use contained therein. Registration and Account Creation Certain features or services offered on or through the Site may require you to go through a registration and data confirmation procedure. As a result of the User’s registration, the User’s barterfli account shall be created (including setting up a barterfli account ID and password). During the Account Creation, an individual user shall use his real name on the resident registration and a corporate user shall use the name of the company on the business registration certificate in principle. The user shall provide true, precise and complete information about the company and himself in the corresponding fields as required by barterfli, and update such data with the passage of time. barterfli shall reserve the right to limit access to the Site or may disapprove an application if there are reasons to believe that the applicant has violated the Terms of Use or the relevant laws and regulations, or the application is confirmed to be in violation of the Terms of Use or illegal or improper as falling under any of the following: - contents of the application are not true or up-to-date ;
- applicant used another's name illegally or improperly in making the application; or
- requirements for the application are not satisfied.
The user is entirely responsible for maintaining the confidentiality of the information he holds for his account, including his password, and for any and all activity that occurs under his account as a result of his failing to keep this information secure and confidential. The user may be held liable for losses incurred by barterfli or any other user of or visitor to the Web Site due to someone else using his barterfli ID, password or account as a result of his failing to keep his account information secure and confidential. Account Protection A user shall take measures to ensure the safe administration of the user ID and the password. - In case a user becomes aware of ID/password theft or an unauthorized use by a third party or any other breach of security, the user shall immediately notify barterfli and follow the instructions of barterfli, if provided.
- A user shall remember to log out and close the browser window after each session.
- A user shall not divulge his ID and password or allow others to use such information. In case a user shares or assigns his ID without prior approval by barterfli, barterfli may discontinue services provided for the user ID.
A company authorized to use a corporate ID shall exercise due care in administering employee IDs to prevent information leakage or unauthorized alterations of information, etc. bareterfli shall not be held liable for damages incurred to the company caused by negligence in employee supervision. barterfli cannot and will not be liable for any losses or damages arising from your failure to comply with these obligations. Termination of Service You may terminate the use of services at any time by notifying barterfli.
barterfli may, in its sole discretion, terminate the use of service for (but not limited to) any of the reasons listed below. In such a case, barterfli shall notify you of the reason for termination via email, telephone or fax etc. - Failure by you to meet the qualifications required by barterfli to access the web site services at the time of application or became disqualified afterwards.
- Registered information was found to be untrue or there are reasonable grounds to believe that the information is false.
- Requests by law enforcement or other government agencies
- You are found to engage in any of the following conducts:
- Exploit the Web Site or any of its services or information made available or offered by or through the Site to send unsolicited information or advertisements continuously
- Impose an unreasonable or disproportionately large load of data and articles etc on the infrastructure of the Site or barterfli’s systems or networks or any systems or networks connected to the Site that may disrupt the smooth provision of services
- Any usage of the Site that may interfere with the continuous provision of services of barterfli;
- Registration of products without an intent to sell them;
- Usage of the Site or any Content for any purpose that is unlawful or prohibited by the Terms of Use, or to solicit for the purpose of conducting any illegal activity or other activity; and
- Infringe the rights or interests of barterfli, its users or others.
- Posting of content that violates the Terms of use or any other agreements with barterfli
Your Use of the Site You agree that all information or data of any kind, whether text, software, code, music or sound, photographs or graphics, video or other materials ("Content"), publicly or privately provided, shall be the sole responsibility of the person providing the said Content, or of the person whose user account is used. You agree that this Web Site may expose you to content that may be objectionable or offensive. barterfli shall not be responsible to you in any way for Content displayed on this web site, nor for any error or omission. By using this web site or any service provided, you explicitly agree that you shall not: - provide any content or conduct yourself in any way that may be construed as: unlawful; illegal; threatening; harmful; abusive; harassing; stalking; tortuous; defamatory; libellous; vulgar; obscene; offensive; objectionable; pornographic; designed to interfere with or disrupt the operation of this web site or any service provided; infected with a virus or other destructive or deleterious programming routine; giving rise to civil or criminal liability; or in violation of an applicable local, national or international law;
- impersonate or misrepresent your association with any person or entity; you will not forge or otherwise seek to conceal or misrepresent the origin of any content provided by you;
- collect or harvest any information about other users;
- provide, and you will not use this web site to provide, any content or service in any commercial manner, or in any manner that would involve junk mail, spam, chain letters, pyramid schemes, or any other form of unauthorized advertising or commerce; you will not use this web site to promote or operate any service or content without the site barterfli`s prior written consent;
- provide any content that may give rise to barterfli being held civilly or criminally liable, or that may be considered a violation of any local, national or international law, including -- but not limited to -- laws relating to copyrights, trademarks, patents, or trade secrets.
By providing any content to this web site: - you agree to grant barterfli a worldwide, royalty-free, perpetual, non-exclusive right and license (including any moral rights or other necessary rights.) to use, display, reproduce, modify, adapt, publish, distribute, perform, promote, archive, translate, and to create derivative works and compilations, in whole or in part. Such license will apply with respect to any form, media, and technology already known at the time of provision or developed subsequently;
- you warrant and represent that you have all legal, moral, and other rights that may be necessary to grant the barterfli the license specified in this section;
- you acknowledge and agree that barterfli will have the full right (but not obligation), at barterfli`s entire discretion, to refuse to publish, or to remove, or to block access to any content you provide, at any time and for any reason, with or without notice.
Collection of Information We collect and store information when you: - Sign up as a Registered User or use any of barterfli’s or its affiliates products or services on the Site which requires you to provide information including but not limited to your name, address, phone/fax number, email address and other personal information as well as information about your business. You are responsible for ensuring that the information submitted to the barterfli is accurate and up-to-date. The falsification of any information, falsification of other documents that you may provide, and/or the giving of incomplete information may result in the withdrawal of any service offer and/or immediate termination of your account now or in the future;
- Submit content to be posted on the Web Site, including but not limited to Company Profile, Business Certification, Product Catalogue, Service Description, Trade Leads, Community Discussions, Chats and any other information. You agree to give consent to the publication of the information which will be publicly available on the Site and you relinquish any proprietary rights (including but not limited to the rights of confidentiality and copyrights) in such information.
- Conduct a transaction for a product or service at the Site, with other Registered User of the Site or other vendors or partners of barterfli. We may collect and retain information such as credit card or bank account numbers, expiration dates, pricing, shipping, billing and delivery information, tracking information of payments as well as records of your Account activities, including the item type and specification, content you generate for the product and/or service or that relates to your account, trade dispute if any and any other information in connection with your account activities on the Site. Your information may be collected from you during either online or offline transactions or correspondence through our sites or sent to us.
- Interact on our Site. We may collect statistical information about our Site and your interaction with our site(s), services, content and advertising, such as IP addresses, computer and connection information, page views, web traffic, navigational and demographic data, ad data, visitor activity and standard web log information.
- Are required to provide additional information including but not limited to billing documents, proof of company registration, credit reports etc to authenticate yourself, verify the identity or information about yourself or your company, ownership of the product you posted, or if there is reason for barterfli to believe that you are in violation of the terms of use or any other agreements or policies with barterfli and/or its partners.
- Complete a survey or take part in any contest or promotion conducted by barterfli and/or its partners
- Register as a member of websites hosted by barterfli on behalf of its partners or use services offered on such websites.
We may combine your information with information collected through the use of cookies or from our partners or additional data collected from other third parties or through any other means to verify your information. barterfli may seek additional data and/or verify your information by contacting other third parties. Use of Information Our chief purpose in gathering information is to gain a better understanding of our users and their needs and provide users with a secure and customized experience.
We use the collected information to: - Provide goods and services as well as customer support by barterfli, or its designated representatives and/or business partners to you or parties designated by you and matters ancillary thereto;
- Customize, measure and enhance our services, product offerings, content and advertising;
- Verify and process payment transactions when you purchase goods and services from the Site. Your payment information will be shared with relevant banks or vendors relevant to the transaction for it to be completed. We may use your information to determine your credit standing and in so doing, may avail your information to banks or credit agencies;
- Resolve disputes, troubleshoot problems and enforce agreements and policies;
- Verify and record your personal particulars including comparing it with information from third parties or other sources to ensure accuracy and using the information to communicate with you;
- Conduct statistical analysis and reporting of visitors, registered users and site usage including the volume and profile of visitors and users, Site, product or service and Account usage frequency and patterns and using the analysis for system maintenance and enhancement of our Site and services. We may use the collected information to monitor and guide marketing decisions. We may also covey the analysis in a broad manner (without disclosing personally-identifying information) to third parties such as partners, customers, advertisers or potential users.
- Inform you about the good and services, promotional offers and updates including targeted marketing and advertising materials of barterfli and those of third parties selected by barterfli;
- Comply with any order of court or directive from authorities investigating any alleged offence, misdeeds and/or abuse or for the purposes of taking legal action against any users for breach of the Terms of Service
- For the above purposes by third parties (who may be based outside Singapore) who offer goods and services or sponsor contests or other promotional programs on our site, whether in conjunction with us or not, if you purchase such goods, use such services or participate in such contests and promotional programs.
We do not sell or rent or disclose specific information about our users to any third parties unless so required by law or any government agencies. All communication whether from us or our business partners will be sent to you by us. We may share your information with Service providers under contract to support the Site and business operations such as fraud investigations, bill collection, affiliate and rewards programs etc. We may also combine your information with information we collect from other companies and use it to improve and personalize our services, content and advertising on behalf of third parties; however, in these circumstances, your information will not be disclosed to such third parties unless you respond to the advertising message or marketing promotion. Your Information may be transferred, stored, used and processed outside your home jurisdiction. In the event of a merger or transfer of business to another business entity, we will transfer your information to the entity which acquires the business. (Should such a combination occur, we will require that the new combined entity follow this privacy policy with respect to your personal information. If your personal information will be used contrary to this policy, you will receive prior notice.) When we send you information, we will provide an option for you to unsubscribe. If you do not wish to receive certain marketing communications ro further information of a similar nature, you may unsubscribe via the link provided or Email us. Security of Information barterfli will take reasonable steps to ensure that personal data are protected from unauthorized access. Your access to your barterfli account is password protected. You are advised to log off, clear the cookies for the cache and close the browser after each session. You should practise caution not to divulge your user ID and password to any third party. However, you must remember to log off from your account, clear the cookies from the cache if you are using the “Remember Me” function available on the Login box in a public terminal, and close the browser window after use so that no unauthorized party can have access. You must not, at any time, divulge your password to any third party. All information collected by barterfli is stored in systems that may only be accessed by authorized staff of barterfli using assigned user ids and passwords. While barterfli puts in place processes to guard your information against intruders, there is no guarantee that the techonology put in place or the procedure can eliminate all of the risks of theft, loss or mis-use. Barterfli shall not be liable for any damages that might result from unauthorized use, publication, disclosure or any other mis-use of information including credit card information. Disclosure of Information barterfli may disclose records of complains and any penalties, actions or proceedings against the users or any information we have about you (including your identity) if we have determined that such disclosure is necessary in connection with any investigation or complaint regarding your use of the Site, or to identify, contact or bring legal action against someone who may be infringing or threatening to infringe or who may otherwise be causing injury to or interference with (either intentionally or unintentionally), the title, rights, interests or property of barterfli.com, our visitors to or users of the Web Site, including customers, partners, other web site users or anyone else who could be harmed by such activities. barterfli reserves the right at all times to disclose any information in accordance with any applicable laws and regulations, legal process or in compliance with requests by or administrative order of any court, governmental or regulatory authority. barterfli may also disclose your information when barterfli determines that applicable law requires or permits such disclosure, including exchanging information with other companies and organizations for fraud protection purposes. If there are reasons to believe that the user is in violation of the Terms of Use or any other agreements with barterfli, barterfli retains the rights to disclose any information of the user for the purpose of pursuing our claim or protecting the rights or interests of barterfli. Governing Law These Terms For Use shall be governed and construed in accordance with the laws of the Republic of Singapore. By accessing this website, you agree that Singapore law, including without limitation the provisions of the Singapore Evidence Act (Cap. 97) and the Electronic Transactions Act (Cap. 88) shall govern such access as well as the above terms and you agree to submit to the exclusive jurisdiction of the Singapore courts and that any disputes will be heard by the said courts. Privacy Your use of the web site is subject to barterfli’s Privacy Policy. Use of Cookies barerfli uses "cookies" (small data files sent to your browser) to store information and track your visits to our Web Site. It is not uncommon for web operators to use cookies to enhance identification of their users. If the user does not de-activate or erase the cookie, each time the user uses the same computer to access our Web Site, the cookies will help identify you and maintain your signed-in status. The cookie is used to track information such as the number of users and their usage patterns, profiles of users and their preferred sites. While this cookie can tell us when you enter our sites and which pages you visit, it cannot read data off your hard disk. Generally, cookies are used to help site owners analyze the web page flow; customize the services, content and advertising; measure promotional effectiveness, and promote trust and safety. Most cookies are "session cookies," meaning that they are automatically deleted from your hard drive at the end of a session. By setting the preferences in the browser, the user can decide if and how a cookie will be accepted. The user is free to reject the cookies although doing so may mean that the user will be required to re-enter the information on the Web Site more often and certain features on our Web Site may be unavailable. A user may encounter cookies from third parties on certain pages of the sites that barterfli does not control. Miscellaneous - Barterfli shall not be liable to you (or your organization), any end user or any other party for any period of delay or disruption in the delivery of its Services in case the provision of such services is disrupted by an event beyond its reasonable control (Force Majeure), including but not limited to, actions of third parties, acts of nature, war, civil disorder, prohibitions or orders issued by public authorities; restrictions imposed by legislation; strikes or lockouts; or fire, lightning, inclement weather, explosions, terrorist acts, extended power blackouts, disconnection of telecommunication services, external network failure, repair and maintenance of information and telecommunications equipments, replacement, , malfunction or epidemics.
- barterfli shall not be responsible for disruption to the use of the Site caused by Internet users including the website users.
- Good and Services may be advertised, discussed and/or made available on or through this Web Site. Representations, statements and comments made with regards to the third party products and/or services or by third parties are not those of barterfli, and are governed by the policies and representations made by such third parties. Use of such information will be at User’s own risk. Barterfli shall make no warranties, including without limitation, for the intent of buyer or seller, conditions of products and/or quality of service, safety, legality, non-infringement of third party rights, completeness, reliability or accuracy of information, facts and/or data provided on the or through the Site etc.
- In connection to transactions made on or through the Site, users shall be responsible for (but not limited to) accuracy of information, delivery of the goods and/or services, order cancellation and return of cancelled goods, disputes resolution etc. barterfli shall not be liable for or responsible in any manner for any of your dealings or interactions with third parties and will not in any manner be liable for any losses arising from non-delivery of goods or services, product defects and/or erroneous or insufficient information of goods etc.
- barterfli shall not be liable for any incidental, direct, indirect, punitive, actual, consequential, special, exemplary loss, damages or unrealized profits or benefits, pain and suffering, emotional distress or similar damages in relation to the use of the products, services or information provided on or through this Web Site. barterfli shall not be held liable for any loss or damage caused by inaccurate, untrue, outdated or incomplete information and/or data provided by the user at time of account application or for publication on the Site.
- Barterfli does not assume any risk or responsibility for your use of the Internet. barterfli shall not be liable for any failure in Internet connection, lost emails or data, computer crash or any viruses downloaded with or connected to the content in relation to your usage of the Site or content.
- Under no circumstances, including negligence, will barterfli be held liable for losses or damages incurred by the users, arising out of or relating to the use of services provided by barterfli unless caused by intentional misconduct or gross negligence on the part of barterfli.
- Personal information that you have voluntarily disclosed is subject to random collection and use by others and you shall take the risk thereof.
Feedback and Information Any feedback provided through this site shall be deemed to be non-confidential. barterfli shall be free to use such information on an unrestricted basis. The information contained in this web site is subject to change without notice.
Last updated on 16 December 2011 |
