These terms and conditions outline the rules and regulations for the use of Bariidiye, located at bariidiye.com.
In these Terms & Conditions, ‘us’, ‘we’ and ‘our’ means Bariidiye (“we”, “our”, “us”) and includes each of our related entities from time to time.
3. No Minors
The Services are designed to be accessed and used only by people who are 18 years of age or older. No one under the age of 18 years is permitted to access or use the Services without first obtaining our express written authority.
a. All information, text, materials, graphics, software, tools, results derived from the use of software and tools, advertisements, names, logos, trade marks, audio recordings, video recordings, and other content (Content) hosted or made available on or through the Services is provided:
i. for general information purposes only; and
ii. without any regard whatsoever to the personal circumstances of any person.
b. No Content hosted or made available on or through the Services is intended to constitute advice (financial or otherwise) regarding any share, security, or financial product or instrument, or an offer, solicitation, recommendation, or invitation, to buy, sell or deal in any way with any of those things.
c. You must not provide any advice (financial or otherwise) to any other person on or through the Services.
d. All statements, representations, estimations, projections, or forecasts made in or through the Services by any person (whether relating to the present or the future) are expressions of opinion only, and do not necessarily represent our opinion or have our endorsement.
e. Before acting on, or relying upon, any Content hosted or made available on or through the Services, we strongly recommend that you:
i. undertake your own investigations and enquiries; and
ii. seek independent legal, accounting, tax, financial, business, technical and other professional advice from an appropriately qualified professional advisor.
b. In registering your account with us to use the Services, you acknowledge and agree that:
i. you will not provide any false personal information to us, or create an account for anyone other than yourself without that person’s express permission;
ii. you will keep your personal information accurate and up-to-date;
iii. you will not create more than one personal account;
iv. you will not buy, sell and/or exchange any product, goods and/or services (including financial products) on the Services if you are under the age of 15; and
v. you will not use the Services if you are under the age of 13 or are suspended or banned from using the Services;
vi. you will not allow anyone to access your account;
vii. you will not create a new account if your account is disabled;
viii. we have the right to terminate your access to the Services, at any time, in our sole discretion, without notice
By registering as a user of the Services, you acknowledge and agree as follows:
b. you are responsible for protecting the confidentiality of your password;
c. you will not post or transmit any material or information in a manner which is inconsistent with our Posting and Removal Policy;
d. you agree not to impersonate any other person;
e. you agree to provide current, accurate and up-to-date information about yourself;
f. you acknowledge any material which you post may be removed by us from the Services at any time without notice or liability to you;
g. you accept that any material or information provided by you may be posted in the Services for any other users or guests (including members of the public that are not registered as users the Services) to read and view;
h. without limiting any other provision of the General Conditions, we do not accept any liability for the accuracy or content of any material posted by other users of the Services and we are not liable for any loss resulting from any action taken or reliance made by you on any information or material posted by another user;
i. without limiting any other provision of the General Conditions, we do not accept any responsibility or liability for any information or material which you submit to the Services, nor do we accept any responsibility for any use or misuse which you or any other members or guests make of information or material which you submit to the Services;
j. we do not warrant that we will respond to questions or comments submitted by you to the Services; and
k. if you download any material from the Services, you acknowledge that we are not liable to you for any loss or damage, however caused, arising from the downloading or subsequent use of the downloaded material.
a. Except as otherwise provided in the General Conditions, all right, title and interest, including all intellectual property rights and moral rights (IP Rights) in the Services, and any Content hosted or made available on or through the Services, is owned or licensed by us and our affiliates and are protected by copyright, trade mark and other intellectual property laws, unless expressly indicated otherwise on the Services.
b. You further acknowledge and agree that we at all times retain ownership of all IP Rights created by or for us (whether or not related to the Services and whether created before or after the commencement of this agreement) and, to the extent that any such IP Rights vest in you (by operation of law or otherwise), you hereby irrevocably assign, transfer and dispose of all such IP Rights to us with effect immediately upon such rights arising or vesting in you (as the case may be). To the extent that such assignment, transfer or disposal is not possible under the law, you irrevocably grant us a royalty-free, perpetual, worldwide licence to use, reproduce, modify, redevelop, sublicense, exploit and commercialise all such IP Rights as we see fit.
c. You must not knowingly do any act or thing in relation to data which would infringe any third party’s IP Rights. You are solely responsible for obtaining any consent, approval, authority or licence from the holders of any IP Rights required to enable you to deal with any relevant data or to do any act or thing in relation to those IP Rights.
d. You must not modify, copy, reproduce, republish, frame, download onto a computer, upload to a third party, post, transmit or distribute any Content in any way except as expressly provided for in these General Conditions or with our express prior written consent.
e. We may provide you with authority to use one or more of our trade marks, which authority we may revoke at any time by publishing a statement or announcement to that effect on our website. If you use any of our trade marks in reference to our activities, products or services, you must include a statement attributing that trade mark to us. You must promptly comply with all of our lawful directions in relation to your use of our trade marks. You must not use any of our trademarks:
i. in or as the whole or part of your own trademarks;
ii. in connection with activities, products or services which are not ours;
iii. in a manner which may be confusing, misleading or deceptive;
iv. in a manner that disparages us or our information, products or services (including the Services).
a. You own all of the content and information you post on the Services and you may be able to control how it is shared through any available privacy settings accessible via the Services from time to time.
b. When you upload, publish or post content to the Services, subject to your privacy settings, you grant us a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, assignable, sub-licensable right to use, reproduce, modify, redevelop, republish, sublicense, exploit and commercialise your IP Rights, and exercise any and all copyright, trademark, publicity and database rights, which you have in such content. This licence ends when you delete your uploaded content or your account, unless your content has been shared with other users, and they have not deleted it.
c. When you upload, publish or post content using privacy settings that allow all members of the public to view such content, regardless of whether a person is a user of the Services, it means that you are allowing everyone, including people non-users of the Services, to access and use that content, and to associate it with you.
d. Except as set out in the General Conditions, we take no responsibility for:
i. any content uploaded by users to the Services;
ii. any user of the Services, or any third party (whether or not a user of the Services), using, reproducing, modifying, redeveloping, republishing, sublicensing, exploiting and commercialising any content uploaded by you to the Services;
a. The Services may contain links to other websites (Linked Websites). Those links are provided for convenience only and may not remain current or be maintained.
b. We are not responsible for the content or privacy practices associated with Linked Websites.
c. Our links to or from Linked Websites should not be construed as an endorsement, approval or recommendation by us of the owners or operators of those Linked Websites, or of any information, graphics, materials, products or services referred to or contained on those Linked Websites, unless and to the extent stipulated to the contrary.
d. If you choose to purchase goods or services from a third party, including from a Linked Site accessed from or through Our Services, you are entering a separate agreement with that third party, and expressly agree that we are not a party to any such transaction.
Except as expressly set out in the General Conditions, we give no licence to exercise any intellectual property rights in anything (including information and content such as films, sound recordings, literary works and artistic works, whether in a material form or not) on or accessible via the Services (Materials) and neither you nor any person permitted by you or subject to your directions or control who may be able to access any Materials (Controlled Persons) shall exercise any such intellectual property rights, including the right to reproduce the materials or to communicate them to the public (including via any form of linking). Without limiting the preceding sentence, any uses or disclosures (including reproductions and communications to the public) of any materials by you and by any controlled persons must be subject to you:
a. ensuring that those uses and disclosures are undertaken at your and their own risk, including the risk of being sued for intellectual property infringement or misleading or deceptive conduct;
b. ensuring that all links to any materials are never presented or useable in a way where the presentation or use of the link does not make it obvious to a viewer or user of the links or linked Materials that the source of the Materials is the Services;
c. ensuring that anyone by whom your and their links to the Materials may be used or disclosed are the same as those who may access the materials directly from the Services;
d. ensuring that anyone by whom your or their links to the materials may be used or disclosed are not able to circumvent limits (including technological restrictions and as to location) applying in respect of the Materials were the Materials to be accessed or sought to be accessed directly from the Services rather than via their links; and
e. being otherwise subject to our directions, including any take down, cease or desist directions.
It is a direct violation of the General Conditions for you to engage in an activity using information obtained from the Services to contact, abuse, advertise, sell to, harass or harm any other person.
In respect of your Access to the Services, you acknowledge and agree that you will not:
a. use the Services in any way that could damage our reputation or goodwill;
b. permit any person to access and use the Services other than in accordance with these Terms;
c. except to the extent that any applicable laws (including but not limited to copyright laws) prevent us from restraining you from doing so:
i. reproduce, make error corrections to or otherwise modify or adapt the Services or create any derivative works based upon the Services; or
ii. decompile, disassemble or otherwise reverse engineer the Services or permit or facilitate any third party to do so;
d. when accessing and using the Services:
b. If, as a result of the General Conditions, a person (other than us) collects, or is able to access, any personal information about identifiable individuals, then that person must:
i. comply with all relevant and applicable privacy laws and such other data protection laws as may be in force from time to time which regulate the collection, storage, use and disclosure of information, as if they were regulated by these laws;
ii. comply with any applicable privacy code or policy which has been adopted by the person who collected the personal information as if it were bound by that code or policy;
iii. take all reasonable measures to ensure that such personal information is protected against loss and against unauthorised access, use, modification, disclosure or other misuse and that only authorised representatives, employees and officers have access to it; and
iv. co-operate with the other person in the resolution of any complaint under, or relating to, any of the laws, codes or policies referred to in paragraphs (i) and (ii) above.
A. YOU ACKNOWLEDGE AND AGREE THAT, TO THE GREATEST EXTENT PERMITTED BY LAW:
I. YOU ACCESS AND USE THE SERVICES AND ANY SYSTEM OPERATED BY US AT YOUR OWN RISK AND EXPENSE; AND
II. YOU ARE SOLELY LIABLE FOR YOUR OWN ACTS, OMISSIONS AND NEGLIGENCE.
B. YOU ACKNOWLEDGE AND AGREE THAT, TO THE GREATEST EXTENT PERMITTED BY LAW, WE ARE NOT LIABLE FOR ANY LOSS TO PROPERTY OR PERSONS AS A RESULT OF, WHETHER DIRECTLY OR INDIRECTLY:
I. ANY WILFUL ACT, OMISSION OR NEGLECT BY YOU;
II. YOUR USE, NON-USE OR MISUSE OF THE SERVICES;
III. THE USE, NON-USE OR MISUSE OF OUR SERVICES BY ANY OTHER PERSON;
IV. ANY INFRINGEMENT OF ANY THIRD PARTY’S IP RIGHTS;
V. YOUR BREACH OF THE GENERAL CONDITIONS;
VI. THE BREACH OF THE GENERAL CONDITIONS BY ANY OTHER PERSON; AND
VII. ANY GOODS OR SERVICES PROVIDED OR MADE AVAILABLE BY ANY PERSON THROUGH THE SERVICES.
C. WHILST WE ENDEAVOUR TO OPERATE A RISK-FREE ENVIRONMENT FOR YOUR USE AND ENJOYMENT OF THE SERVICES, YOU ACKNOWLEDGE AND AGREE THAT THERE ARE INHERENT RISKS TO USING THE SERVICES, PARTICULARLY WHEN POSTING PERSONAL INFORMATION AND LISTING ITEMS FOR SALE. IN PARTICULAR, WE NOTE THE FOLLOWING:
I. YOU WILL NOT HOLD US RESPONSIBLE FOR OTHER USERS' CONTENT, ACTIONS OR INACTIONS, ITEMS THEY LIST OR THEIR DESTRUCTION OF ALLEGEDLY FAKE ITEMS;
II. WE ARE NOT A PARTY TO ANY TRANSACTIONS ENTERED INTO BETWEEN USERS OF THE SERVICES, AND MERELY PROVIDE A COMMUNICATION MEDIUM FOR SUCH USERS TO INTERACT;
III. WE HAVE NO CONTROL OVER AND DO NOT GUARANTEE THE QUALITY, SAFETY OR LEGALITY OF ITEMS ADVERTISED, THE TRUTH OR ACCURACY OF USER GENERATED CONTENT INCLUDING REVIEWS, POSTS, LISTINGS, INFORMATION OR OTHER CONTENT ON THE SERVICES;
IV. WHEN YOU ENTER INTO A TRANSACTION AS PART OF YOUR USE OF THE SERVICES YOU CREATE A LEGALLY BINDING CONTRACT WITH ANOTHER USER. YOU MUST ENSURE THAT YOU COMPLY WITH YOUR OBLIGATIONS TO THAT OTHER MEMBER AND ARE AWARE OF ANY LAWS RELEVANT TO YOU AS A BUYER OR SELLER. IF ANOTHER MEMBER BREACHES ANY OBLIGATION TO YOU, YOU – NOT US – ARE RESPONSIBLE FOR ENFORCING ANY RIGHTS THAT YOU MAY HAVE; AND
V. YOU MUST TAKE YOUR OWN PRECAUTIONS TO ENSURE THAT THE PROCESS WHICH YOU EMPLOY FOR ACCESSING OR USING THE SERVICES DOES NOT EXPOSE YOU TO THE RISK OF VIRUSES, MALICIOUS COMPUTER CODE OR OTHER FORMS OF INTERFERENCE WHICH MAY DAMAGE YOUR OWN COMPUTER SYSTEM. WE DO NOT ACCEPT RESPONSIBILITY FOR ANY INTERFERENCE OR DAMAGE TO YOUR OWN COMPUTER SYSTEM OR DATA WHICH ARISES IN CONNECTION WITH YOUR ACCESS.
i. WE DO NOT PROVIDE ANY WARRANTY EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE; AND
ii. ANY CONDITION, GUARANTEE, OR WARRANTY WHICH WOULD OTHERWISE BE IMPLIED INTO THE GENERAL CONDITIONS IS EXCLUDED.
i. WE MAKE NO WARRANTIES OR REPRESENTATIONS ABOUT THE SERVICES OR THE CONTENT, INCLUDING BUT NOT LIMITED TO WARRANTIES OR REPRESENTATIONS THAT THEY WILL BE COMPLETE, ACCURATE OR UP-TO-DATE, THAT ACCESS WILL BE UNINTERRUPTED OR ERROR-FREE OR FREE FROM VIRUSES, OR THAT THE SERVICES WILL BE SECURE; AND
ii. IN NO EVENT SHALL WE BE LIABLE FOR ANY DIRECT AND INDIRECT LOSS, DAMAGE OR EXPENSE – IRRESPECTIVE OF THE MANNER IN WHICH IT OCCURS – WHICH MAY BE SUFFERED DUE TO YOUR USE OF THE SERVICES AND/OR THE INFORMATION OR MATERIALS CONTAINED ON IT, OR AS A RESULT OF THE INACCESSIBILITY OF THE SERVICES AND/OR THE FACT THAT CERTAIN INFORMATION OR MATERIALS CONTAINED ON IT ARE INCORRECT, INCOMPLETE OR NOT UP-TO-DATE.
A. TO THE GREATEST EXTENT PERMITTED BY LAW, YOU WILL:
I. INDEMNIFY AND KEEP INDEMNIFIED US AND OUR RESPECTIVE OFFICERS, EMPLOYEES, CONTRACTORS, AGENTS AND REPRESENTATIVES FROM AND AGAINST; AND
II. RELEASE US US AND OUR RESPECTIVE OFFICERS, EMPLOYEES, CONTRACTORS, AGENTS AND REPRESENTATIVES FROM ALL LIABILITY FOR,
B. ANY AND ALL LOSS (INCLUDING LEGAL COSTS AND EXPENSES ON A SOLICITOR AND OWN CLIENT BASIS) INCURRED BY ANY OF THOSE INDEMNIFIED OR RELEASED (AS THE CASE MAY BE) ARISING FROM ANY ACTION, CLAIM, DEMAND, SUIT OR PROCEEDING WHERE SUCH LOSS AROSE OUT OF, IN CONNECTION WITH, OR IN RESPECT OF:
I. ANY WILFUL ACT, OMISSION OR NEGLECT BY YOU;
II. YOUR BREACH OF THE GENERAL CONDITIONS;
III. YOUR INFRINGEMENT OF ANY LAW OR THE RIGHTS OF A THIRD PARTY IN THE COURSE OF USING THE SERVICES;
IV. INFRINGEMENT OF ANY IP RIGHTS (INCLUDING PATENTS, TRADEMARKS AND COPYRIGHT) OF THIRD PARTIES;
V. BREACH OF TRADE PRACTICES, COMPETITION, CONSUMER, PRIVACY OR FAIR TRADING LEGISLATION;
VI. RELIANCE BY YOU ON ANY INFORMATION OBTAINED THROUGH THE SERVICES; OR
VII. YOUR ACCESS, NON-USE, OR MISUSE OF THE SERVICES GENERALLY.
WE ARE NOT RESPONSIBLE FOR, AND OUR OBLIGATIONS UNDER THE GENERAL CONDITIONS ARE REDUCED TO THE EXTENT OF, ANY LOSS ARISING OUT OF ANY OCCURRENCES OR CONDITIONS BEYOND OUR CONTROL, INCLUDING BUT NOT LIMITED TO ACTS OF TERRORISM, ACTS OF GOD, DEFECTS IN VEHICLES, WAR, STRIKES, THEFT, DELAY, CANCELLATION, CIVIL DISORDER, DISASTER, GOVERNMENT REGULATIONS OR CHANGES.
i. suspending or terminating your registered account and Access to the Services;
ii. removing any content uploaded by you to the Services;
iii. commencing legal proceedings to prevent you from using the Services; and
iv. disclosing information about you and your use of the Services for investigation by any enforcement body for your unlawful activity.
You may close your account with the Services at any time. The application of the General Conditions to you will nevertheless survive such closure.
Unless the context otherwise requires, any terms defined in bold text have the meaning allocated to them wherever they appear in the General Conditions. The following rules also apply to the interpretation of the Generation Conditions, except where the context otherwise requires:
a. the singular includes the plural and vice versa;
b. words of any gender include all genders;
c. alternate grammatical forms of a defined term have a corresponding meaning;
d. a reference to a clause, paragraph, schedule, annexure, or appendix is a reference to a clause or paragraph of, and a schedule, annexure, or appendix to the General Conditions;
e. a reference to a document includes the document as novated, varied, or substituted from time to time;
f. a reference to a person includes a natural person, partnership, body corporate, association, joint venture, and governmental body, authority, agency or other entity, and includes the person’s executors, administrators, successors, permitted substitutes (including by novation) and permitted assigns;
g. a reference to two or more persons is to any of them together and each of them individually;
h. a reference to legislation or regulations includes all delegated legislation made under it and amendments, consolidations, replacements or re-enactments of any of them;
i. “including” and similar expressions do not limit the generality of any provision of the General Conditions;
j. a rule of construction does not apply to the disadvantage of a party because the party was responsible for the preparation of the General Conditions or any part of it; and
k. headings and table of contents are for ease of reference only and do not affect interpretation.