Community Exchange System
TERMS AND CONDITIONS OF USE
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1 TERMS AND CONDITIONS OF USE
I (if an individual) or we (if a company, group or family) understand that the function of Community Exchange System (CES) is to facilitate the exchange of services within the community. Agreements shall be made by and between CES participants involved in this transaction and CES will not be held responsible and will not assume any liability for claims, damages, losses or any other consequences which may arise from this agreement.
I/we acknowledge and agree that CES is not involved in the actual transaction between participants. CES makes no representation or warranty as to the skill, qualifications, expertise or availability of any CES participants, or the truth and accuracy of listings. Any employment relationship, partnership, joint venture agreement or other similar relationship between the participants and CES is expressly negated. Any agency agreement is hereby expressly negated and the participants have no authority to bind the CES.
I/we understand that when I/we enter into an agreement with another participant, I/we may be creating a legally binding agreement with that other participant. I am/we are responsible for ensuring that I/we comply with my/our obligations to that other participant. If I/we do not, I/we may become liable to him or her. I am/we are willing to make myself/ourselves aware of any laws relevant to me/us or the services that I/we provide. If obligations are breached it is up to the participant and not CES to enforce those obligations.
2 ACCOUNT HOLDERS
Only registered account-holders of responsible age may use the system to advertise and trade and no third party may trade through a registered account holder's account. Shared accounts must name all members responsible for the account.
It is recommended that new account-holders must start with at least one offering on the system.
2.1 ONLY ONE ACCOUNT
Unless otherwise authorised by the Administrator, account-holders may operate only one account in the system.
2.2 ACCOUNT HOLDERS' NAMES
Account holders may use personal names or an alias for the names of their accounts.
The trading unit of the Far North Queensland Community Exchange (FNQ Community Exchange) is the Bartle. Bartles can be earned and spent at rates agreed upon by the participants. .
An account-holder may not use the facilities of the CES for advertising purely Dollar-based offerings. Trades may be advertised and effected for part Bartles and part Dollars provided that the Dollar component shall not exceed the Bartle component.
Account-holders may not charge interest for lending Bartles to other users.
3.1 ACTIVITY RECORDS
Bartles earned are entered into the system by the Seller on the basis indicated on the website. This procedure may be changed from time to time by the Administrators.
Administration shall be entitled to charge levies against trades done via the exchange.
An annual Bartle levy is also charged when the Administrators consider it necessary.
The amount of the levy shall be as set or amended by the administration from time to time.
The administration shall be entitled to use the levies accrued to manage and further the aims of FNQ Community Exchange as well as the CES.
3.3 CREDIT/DEBIT LIMITS
3.3.1 Account-holders shall be entitled to begin using the CES without having a positive balance. The initial balance for all account holders is 0 Bartles.
3.3.2 Credit and Debit limits for FNQ Community Exchange are set at plus and minus 1000 Bartles. Administrators may set and adjust the limits if it is felt to be necessary.
3.3 3 Bartles cannot be exchanged for Dollars between participants.
3.4 EXCEEDING LIMITS
3.4.1 CES members who exceed limits may have their accounts monitored by the Administrators and may have their accounts terminated.
3.4.2 CES account holders who exceed the 1000 Bartle credit limit are required to contact the Administrator for advice. They may be asked to return their account balance to within the limits, to donate a portion of their Bartles to another CES member, or to donate to the Community Fund. The amount to be donated by account holders will normally be the amount by which the relevant limit has been exceeded, unless the Administrators determine otherwise.
3.5 ACCOUNT INFORMATION
Trading balances of all account holders are available to all account-holders but details of individual transactions are not.
4.1 Advertisements for offerings must be honestly described. Advertisements considered offensive to others, inaccurate, illegal or contrary to the ethics of the system may be deleted by the Administrators at their absolute discretion.
4.2 An offer advertised on the system amounts to an invitation to do business only and shall not constitute an irrevocable offer to all.
4.3 Participants are solely responsible for all the information that they provide to CES. CES acts as a passive holder of Information which it publishes and distributes.
5 DISPUTE RESOLUTION
5.1 If any dispute should arise between account-holders the matter shall be referred to the Administrators for mediation.
5.2 The Administrators' decision will be final and binding on all parties.
6 INACTIVE ACCOUNTS
6.1 If there has been no activity regarding a particular account for a period of 12 months then the account will be considered to be inactive. Administrators shall be entitled to close the account, after having given reasonable notice to the account-holder, in which event:
6.2 Any credit balance will be forfeited.
6.3 Account-holders with an inactive account that shows a debit may be excluded from re-activating their account with CES until that account has been restored to 0 Bartles and/or they may be required to rejoin in the normal fashion ie by paying a joining fee.
7 LEAVING AND CLOSURE OF ACCOUNT
If an account-holder wishes to leave CES voluntarily, they shall apply to the Administrators for closure of their account. In such event the account holder will be required to restore the account to 0 Bartles.
8 SUSPENSION AND TERMINATION
8.1 The Administrator can suspend an account of any account-holder who breaches any material trading rule or who acts in a way considered to be unethical or contrary to the norms of CES.
8.2 The Administrator shall notify any account-holder if their account has been suspended, and the account-holder shall have fourteen days to dispute the suspension. If no dispute is notified to the Administrators then the Administrators will terminate the account. If a dispute is notified, the Administrators will meet to decide appropriate action, which may include mediation or any other course which is deemed necessary.
10.1 CES will collect and store the information provided voluntarily by account-holders. This is to enable processing of user registrations in CES and FNQ Community Exchange.
10.2 The information will be provided to relevant authorised Administrators.
10.3 Account-holders consent to these disclosures.
10.4 Any information provided by account-holders will be stored on a secure database that will only be accessed by authorised personnel and is subject to privacy restrictions.
10.5 The information will only be used for the purpose for which it was collected. Any information provided by an account-holder to CES can be accessed by that account-holder and updated by using the My Record section on the CES site.
11 DISCLAIMERS AND INDEMNITIES
11.1 Neither CES nor the Administrators are parties to any transaction between a buyer and a seller, and accept no responsibility for the performance of CES parties neither as to their identity or trustworthiness nor as to the nature of any activities they undertake.
11.2 Neither CES nor the Administrators accept responsibility for any loss or damage occasioned to any account-holder as a result of information received via the system becoming available to other account-holders or outsiders.
11.3 Account-holders agree to indemnify and hold blameless CES and the Administrators and any of their employees or agents from activities agreed with other members, or from incidents of loss, damage or injury arising out of the use of the system. Account holders will indemnify CES for any loss, damage, injury or death caused as a result of the services provided by the participant, or any breach of the terms of this agreement, even if that loss or damage is suffered after the termination of this agreement. To the extent permitted by law, participants agree that CES has no legal responsibility for the actions of participants and/or account holders.
11.4 Account holders are responsible for any tax implications or liabilities in relation to transactions into which they enter into as a result of participating in CES. CES does not warrant or represent that it has examined the tax implications of any transactions that a participant/account holder may enter into. It is the account holder's responsibility to ensure that they are aware of any tax obligations and that they meet those obligations.
12 UNDERTAKING AND ACCEPTANCE
12.1 Negotiate agreed CES activities with other users.
12.2 Keep personal or group contact details, offers and requirements updated. It is my/our responsibility to determine the amount of personal information that is shown to other members.
12.3 Enter transactional information as soon as possible after a transaction takes place. If I/we do not have the means to do it, I/we will contact the Administrators.
12.4 Regularly review my/our offerings and ensure that they provide sufficient information for others to engage in CES activities with me. I/we undertake that the information that I/we provide will not be false, inaccurate or misleading or deceptive and will not infringe any intellectual property rights.
12.5 Actively promote offerings if my/our account balance is a large negative amount and remains there for a period of more than one month.
12.6 To make every effort to keep my/our balance within the limits prescribed by the Administrators.
12.7 Advise the Administrators if I/we should wish to de-register.
12.8 I/we nominate my/our email address as used on CES as the address at which I/we choose to receive communications and notices.