Term Of Use
ERCA BARTER SITES TERMS OF USE (INCLUDING THE ONLINE TERMS)
Erca Barter sites terms of use (including the online terms) June 2022 Important notice: please do not proceed to the next pages on this website or in this application until you have read and understood these terms and agreed to be bound by them.
Information contained on the Erca Barter Sites may not be used by you acting in any other capacity or for commercial purposes without the written consent of Erca Barter. Information on the Erca Barter Sites is provided for general information use only. The Erca Barter Sites do not provide personalized investment advice. Nothing contained on the Erca Barter Sites should be construed as being personalized investment advice for your particular circumstances. Although we make reasonable efforts to update the information on the Erca Barter Sites, we make no representations, warranties or guarantees, whether express or implied, that the content on the Erca Barter Sites is accurate, complete or up to date. In view of this, Erca Barter advises you verify the accuracy and completeness of any information before seeking to rely on such information. We do not guarantee that the Erca Barter Sites, or any content on them, will always be available or be uninterrupted. We may suspend or withdraw or restrict the availability of all or any part of the Erca Barter Sites for business and operational reasons. We will try to give you reasonable notice of any suspension or withdrawal.
All use of the information by you must comply with such regulations, conditions or restrictions applicable to the area or territory in which you shall use the information herein. None of the information published or made available via the Erca Barter Sites is intended to be published or made available in any jurisdiction where to do so would result in a breach of any applicable law or regulation. Use of pop-up windows Pop-up windows are used on the Erca Barter Sites to display certain types of information. Erca Barter will not be held liable for any loss incurred as a result of your inability to view information resulting from the use of pop up blockers. Please ensure that you have disabled pop-up blockers when using the Erca Barter Sites. Third party content and linking From time to time Erca Barter permits linking by other sites to any part of our websites. These third party sites that have linked to the Erca Barter Sites, and the content contained therein has not been reviewed by us.
Content provided by entities outside the Erca Barter may also appear on the Erca Barter Sites or may be accessible via links from it (“Third Party Content”). Erca Barter has not been involved in the preparation, adoption or editing of Third Party Content and do not explicitly or implicitly endorse or approve such content nor do they take responsibility for it. Your access and use of Third Party Content is at your own risk. Third Party Content is provided for informational purposes only and Erca Barter shall not be liable for any loss or damage arising from your reliance upon such information.
We have no responsibility for the authors or the content of other sites or pages linked or linking to the Erca Barter Site and we accept no responsibility or liability for any losses or penalties whatsoever that may be incurred as a result of any linking to any location or any link sites. Nothing on this site should be taken to infer Erca Barter is in partnership or joint venture with the operator of a linked site nor establish any relationship that would enable the operator of the third party site to enter into any commitments for or on behalf of our partners.
Intellectual property rights All intellectual property rights (including, without limitation, copyright, trademarks, database rights, patents and all similar rights) in the Erca Barter Sites, including the Secure Site, and the information (including text, images and sound) contained in it are owned by EB, its licensors or relevant third party content providers.
You may use the information on this site and reproduce it in hardcopy for your personal reference only. The information may not otherwise be reproduced, distributed or transmitted to any other person or incorporated in any way in to another database, document or other material. Any copy of materials which you make from the site must retain all copyright or other proprietary notices and disclaimers contained therein. Nothing on the Erca Barter Sites should be considered as granting any license or right under any trade mark of Erca Barter or any third party, nor should you attempt to use, copy adapt or attempt to register any similar trademarks to any trademarks or logos appearing on the website or in the information herein.
Online terms Account Opening & Account Management terms & conditions Important notice: please do not proceed to the next pages on this website or in this application until you have read and understood these terms and agreed to be bound by them. Please read these terms and conditions (“Terms”) carefully before proceeding to access the services described below. If you are a new investor or an existing investor who has previously used a PIN to access the site you will be asked to create a password (“Password”) or if you are using the Application with a compatible device, you will be able to set up access using your fingerprint (“Fingerprint”) or face ID (“Face ID”). Your Password or Fingerprint or Face ID are together referred to as your “Personal Identification”.
Your Personal Identification will give you access via the Internet to a database of client information (“Information”) provided by Erca Barter and, where applicable, enable you to place orders electronically (‘Electronic Dealing Facility’) (together or individually referred to as the “Service”). In using your Personal Identification you will be deemed to have read, understood and agreed to these Terms, which will form a binding agreement between you and Erca Barter.
This document contains the terms and conditions on which Erca Barter Investment Services, Erca Barter Investments International and Financial Administration Services Limited (a Erca Barter Co) (together “Erca Barter”) agree to: (i) your use of your Personal Identification; (ii) your use of Erca Barter information accessed by your using your Password; and (iii) your use of the Electronic Dealing Facility to place orders to buy, sell, redeem or switch certain shares or units (“Electronic Orders”) by using your Personal Identification. In order to register for the Service you will need to provide your e-mail address and telephone number. Your e-mail and telephone number will be used by Erca Barter purely for the following purposes: – (a) registration and password reminder; (b) communications concerning the operation of the website or application and the Service; (c) communicating to you in accordance with your existing preferences.
Erca Barter uses a security key, something that is similar to a cookie, when you register and log in using the application and website. It’s designed to enhance the log in process, making it easier for you to log in and at the same time, provide an additional layer of protection. In order to achieve this it stores your Personal Identification but in an encrypted format. We won’t be able to personally identify you with this information and we won’t know what your password is but it will enable us to recognize that it’s you when you log in from that same device. When you register and log in the Erca Barter application, we will initially verify your email address and then automatically store the security key on your device the next time you log in, if you do not accept the security key in the first instance. This will help us identify you more easily when you next log in, and make your mobile login process easier for you. It isn’t mandatory, but accepting the security key will help us to identify you more easily when you next log in, and make your web login process easier for you. If you choose not to allow the security key, you will need to go through additional log in processes, including entering a one-time code, each and every time you log in to the web. Provision of the service by Erca Barter Once you have accessed the Service using your Personal Identification, you will be deemed to have accepted these Terms and these Terms will form a legally binding agreement. From that moment, you will then have the right to access the information and use the Electronic Dealing Facility in accordance with these Terms until your right to use the service is terminated.
Erca Barter grants you the right to use the Service and your Personal Identification, solely for use in accordance with these Terms and any other instruction or direction for use supplied to you by Erca Barter from time to time via the Service or otherwise. You agree to comply with these Terms and any such other instruction or direction. Your right to use the Service is personal to you and you may not permit any other person to gain access to the Service using your Personal Identification.
Technological changes from time to time may make the equipment which you use to access the Service (the “Equipment”) obsolete or otherwise unsuitable. You are solely responsible for providing, updating, or replacing any part of the Equipment and for any telecommunication and other related costs.
Erca Barter makes no warranty as to the suitability or otherwise of the Equipment, which is your responsibility alone. Erca Barter reserves the right to change the Service at any time even if this causes you the need to update or replace the Equipment. Security and personal data You consent to the processing by Erca Barter, by associated and affiliated companies and by any third parties involved in the provision to you of products or services of the personal data submitted by you through the Service and/or created in the course of your relationship with Erca Barter and to the transmission of such personal data to such associated and affiliated companies and/or third parties for purposes connected with customer administration.
You also consent generally to the use of your personal data in accordance with the privacy policy on the Erca Barter Sites. Subject to these Terms, your Personal Identification will enable you to access the Service and use the Electronic Dealing Facility. Remember: using your Personal Identification confirms that you accept these Terms and creates a legally binding agreement between you and Erca Barter on these Terms. At its sole discretion Erca Barter may bar the use of your Personal Identification from time to time due to security or other concerns or for general administration purposes.
Erca Barter will inform you as soon as reasonably possible of such action. You may then create a new Password following the procedures advised by Erca Barter. You must take all reasonable steps to keep your Password secret. You must not write your Password on anything Erca Barter sends you about your account or anything usually kept with them. If you do write your Password down anywhere, you must disguise it so that nobody will know it as your Password. If you become aware of, or suspect any unlawful or unauthorized use of your Password you should bring this to Erca Barter’s attention as soon as possible and you may then create a new Password following the procedures advised by Erca Barter.
Your instructions You will be treated as authorizing Erca Barter to act on dealing instructions sent through the Electronic Dealing Facility without further written confirmation to Erca Barter. Online instructions can only be given in English. Such instructions will be treated as your instructions if they were given using your Password and provided that Erca Barter or its employees were not guilty of negligence, fraud or willful default (and subject to the penultimate paragraph of the preceding section of these Terms). This authorization remains in force until Erca Barter receives notice from you of its termination (given in writing or by means of the Service). Such notice will not affect the completion of transactions already initiated by Erca Barter pursuant to this authority or by you with any third party via the Electronic Dealing Facility.
Erca Barter reserves the right to obtain from you written confirmation of any instruction sent through the Electronic Dealing Facility. Electronic dealing facility When Erca Barter accepts your instructions, Erca Barter will send you a reference number and an electronic confirmation of your Order. Where available you will also receive electronic statements and valuations through your Electronic Dealing Facility. Erca Barter will keep a record of all transactions, which is available on request. Erca Barter accepts no liability for failure to carry out any Electronic Order which you place using the Electronic Dealing Facility unless you can show that you have received a reference number and an accurate confirmation of such Electronic Order, nor if Erca Barter is unable to obtain authorization on your debit card for payment of the full amount due or if incorrect details are submitted with your instruction. You will notify Erca Barter as soon as possible if you do not receive a reference number and confirmation immediately after placing an Electronic Order.
You will further notify Erca Barter as soon as possible:
- if any aspect of the confirmation does not accurately reflect your Electronic Order; or
- if you receive a reference number, confirmation or contract note for an Electronic Order which has not been placed with your Password.
If you fail to notify Erca Barter as soon as possible in any of these circumstances, you will be deemed to have accepted the terms of the Electronic Order as stated on the confirmation provided to you by Erca Barter. You accept full responsibility for monitoring the Information. You understand and agree that telephone calls to Erca Barter may be recorded and monitored. You understand that all other terms and conditions, (including Erca Barter’s Client Terms (incorporating FundsNetwork) and the terms of business of any third party involved in the provision to you of products or services), applications completed or otherwise accepted by you as well as any applicable instruments, deeds, prospectuses and scheme particulars control the operation of your Erca Barter accounts and that the Service is provided subject to all those matters. In the event of a conflict between these Terms and those other matters, these Terms shall prevail in respect of details specifically concerning use of the Service, unless expressly provided otherwise.
Erca Barter owns the copyright and any other intellectual property rights subsisting anywhere in the world relating to the Information, the databases and your Password in respect of the Service. You have no rights to the Password and Information other than as set out in these Terms. If you become aware of or suspect any unlawful or unauthorized use of the Service (or if you become aware of or suspect any other infringement by any person of rights of Erca Barter in the Information) you must bring this to the attention of Erca Barter immediately and give Erca Barter any details you have in relation to this. Restrictions on use You may not copy, reproduce, duplicate, modify, adopt or lend, sell or otherwise transfer, in whole or in part, any of the Information, except for the purpose of accessing the Service and producing print-outs for your own personal use. Your rights under these Terms are personal to you and you may not sub-license, assign or otherwise transfer any of those rights. You must not allow anyone else to use your Password. Limitations of liability Erca Barter makes no warranty or representation that the Service can be accessed at all times.
The Service may be temporarily unavailable or restricted for administrative or other reasons and Erca Barter does not accept any responsibility and will not be liable for any loss or damage arising out of or in connection with loss of use of the Service. You acknowledge that your uninterrupted access to the Service and use of the Electronic Dealing Facility may also be prevented by certain factors outside the reasonable control of Erca Barter (a “Service Disruption Event”) including, without limitation, the in-operation, inefficiency or unsuitability of the Equipment and the unavailability, in-operation or interruption of Internet or other telecommunication services. Non-performance by Erca Barter of its obligations under these Terms will not be a breach of these Terms where such non-performance results directly or indirectly from a Service Disruption Event.
Erca Barter does not accept any responsibility and will not be liable for any loss or damage arising out of or in connection with any such Service Disruption Event. Erca Barter does not accept any responsibility and will not be liable for the inaccuracy or incompleteness of any information received by you or by Erca Barter through the Service which arises out of or in connection with data transmission, machine or software error or malfunction or from your operating error or which originates from information obtained from third parties (other than such inaccuracy or incompleteness arising as a result of Erca Barter’s negligence, fraud or willful default).
Erca Barter does not accept any responsibility and will not be liable for the performance of any third party involved in the provision to you of products or services, regardless of whether you have made contact with such third party via the Service. You agree that Erca Barter has a lien over such of your cash and investments (including units or shares in any collective investment scheme) as are held by Erca Barter or under Erca Barter’s control to the extent of any costs, claims or other liabilities suffered or incurred by Erca Barter and arising as a result of your failure to comply with the terms and conditions agreed between you and Erca Barter and/or between you and any such third party, and that Erca Barter may accordingly realize without notice sufficient of your cash and investments to meet any such costs, claims or other liabilities.
Termination and notice provisions Erca Barter reserves the right to terminate your agreement with Erca Barter on these Terms (by giving you notice in writing or by means of the Service) on the redemption of your entire holdings with Erca Barter. You may terminate your right to use the Service by giving notice in writing or by means of the Service to Erca Barter which will be effective on receipt by Erca Barter, but this will not affect transactions already initiated.
Erca Barter may terminate your right to use the Service by giving notice in writing or by means of the Service which will be effective immediately upon being sent but this will not affect transactions already initiated. These Terms may be amended by Erca Barter and you will be notified of any material amendments in writing or by means of the Service. General provisions A failure or delay by either party to enforce any right under these Terms is not an implied waiver of the same or of any other right in the future.
All of the terms and conditions relating to the Service are contained in these Terms and any other instruction or direction for use supplied by Erca Barter to you via the Service or otherwise. Oral communications that you have with Erca Barter shall not become part of the terms relating to the use of the Personal Identification, the Information or the Service unless Erca Barter confirms them to you in writing or by means of the Service.
If any provision in these Terms is held or made invalid by a court, statute, rule or otherwise, the remainder of these Terms will not be affected. These Terms shall be governed by and construed in accordance with the laws of England and Wales. The Courts of England will have exclusive jurisdiction to settle any claim or matter arising under or in relation to these Terms.
