Our Terms of Use

Welcome. The services offered on www.amiswap.com “AmiSwap” are provided by Barrek Group, a company incorporated under the laws of Canada and the province of Quebec and with registered address at: 410 Avenue Lafleur, Suite 54, Montreal (QC) H8R 3H6.

These terms of service comprise the terms and conditions set forth below and any additional terms and conditions provided on the Site (as defined below) including but not limited to AmiSwap’s privacy policy (the “Privacy Policy”) (together the “Terms of Service”) and govern the use of the Services (as defined below) provided to you by AmiSwap, or otherwise the relationship between you and AmiSwap in connection with the Services.

Notice:

• If you do not agree to the terms and conditions of the Terms of Service, you are advised not to use the website or App or other parts of the service.
• If you are residing in a jurisdiction where it is prohibited by law to offer or use social networking services or other parts of the Services which we provide, you are advised not to use the Services of AmiSwap in such jurisdiction.

In order to access and use some or a portion of the Services, you may be required to register with us and set up an account with your email address and a password (your “Account”). The email address you provide will be your email address, and you are solely responsible for maintaining the confidentiality of your password. You are solely responsible for all activities that occur under your Account. Therefore, you should protect your password and make your password difficult for others to guess. You will not transfer your Account to another party without our consent.

You may connect to the Services with a third-party service, and you give us permission to access, store, and use your information from that service as permitted by that service and as may be described in our Privacy Policy. If you believe your Account may have been compromised or misused, contact us immediately at support@barrekgroup.com

You will post in the appropriate category or area and will not do any of the following bad things:

• Violate any laws or post any unlawful content
• Post false or misleading information
• Infringe any third-party right
• Distribute any information that is harmful or contain spam, chain letters, or pyramid schemes
• Distribute viruses or any other technologies that may harm AmiSwap or the interests or property of AmiSwap users
• Impose an unreasonable load on our infrastructure or interfere with the proper working of the AmiSwap
• Copy, modify, or distribute any other person's content without their express consent
• Use any robot, spider, scraper, or other automated means to access AmiSwap and collect content for any purpose without our express written permission
• Harvest or otherwise collect information about others, including email addresses, without their consent
• Bypass measures used to prevent or restrict access to AmiSwap.

Please use the flagging system to tell us about any problems or offensive content so that together we can keep the Services site working properly. We may limit or terminate our Services, remove hosted content, and take technical and legal steps to keep users off AmiSwap if we think that they are creating problems or acting inconsistently with the letter or spirit of our policies. However, whether we decide to take any of these steps, remove hosted content or keep a user off AmiSwap or not, we do not accept any liability for monitoring AmiSwap or for unauthorized or unlawful content on AmiSwap or use of AmiSwap by users.

Without limitation to the rights granted below (see ‘Content’), some of AmiSwap's features may display your ad and postings on other sites that are part of our classified’s sites in other countries. By using the Services, you agree that your ads and or postings can be displayed on these other sites.

Using AmiSwap Services is free. We may charge fees for certain premium or express Services. If the service you use charges a fee, you will be able to review and accept that charge. Our fees are quoted in Canadian Dollars, and we may change them from time to time. We will notify you of changes to our fee policy by posting such changes on the site. We may choose to temporarily change our fees for promotional events or new services; these changes are effective when we announce the promotional event or new service. Our fees are non-refundable, and you are responsible for paying them when they're due. If you don't, we may limit your ability to use the Services. If your payment method fails or your account is past due, we may collect fees owed using other collection mechanisms.

Canadian taxes associated with our Services will be collected when applicable. You agree to provide accurate address information necessary for AmiSwap to comply with its obligations under applicable law. To the extent that such information is not provided, AmiSwap will in its discretion determine and collect appropriate taxes.

If applicable, you are solely responsible to collect and remit any taxes resulting from your dealings with anyone on the ad/posting on AmiSwap. While many features of the Services are available across AmiSwap’s website and its mobile applications, some features and functionality may vary depending on which platform you are accessing the services.

The Services contains stuff from us, you, and other users (as well as from our third-party service providers). You agree not to copy, modify, resell, or distribute the Services, our copyrights, or trademarks. When you give us content, you are granting us a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, sub-licensable right to exercise the copyright, publicity, and database rights to that content. If you believe that your rights have been violated, please notify support@barrekgroup.com and we will investigate the matter. We reserve the right to remove content where we have grounds for suspecting the violation of these terms or the rights of any other party.

7. Reporting Intellectual Property Infringements (Verified Rights Owners - VeRO)

Do not post content that infringes the rights of third parties. This includes, but is not limited to, content that infringes on intellectual property rights such as copyright and trademark (e.g., offering counterfeit items for sale or swap). Do not post content that contains any reference to or likeness of any identifiable third parties, unless consent has been obtained from each such individual as may be required. We reserve the right to remove content where we have grounds for suspecting the violation of these terms, our policies or of any party's rights. The following steps are for reporting a listing to AmiSwap that you believe to be infringing on your intellectual property rights. Only the intellectual property rights owner can report of potentially infringing items or listings through AmiSwap's VeRO Program. If you have a good faith belief that a listing on any of the Services infringes your copyright, trademark, or other intellectual property rights, all you need to do is send an email to support@barrekgroup.com. After we receive your first complain, AmiSwap will confirm receipt of you complain in writing and what the next step will be. We reserve the right to share, in accordance with applicable law, the content of your complaint with third party that originally posted the potentially infringing listing.

The Services are provided “as is” and “as available”. You agree not to hold us responsible for things other users post or do. You also agree not to hold us responsible for the payment processing of other service providers. For greater certainty, as applicable, if you link a Third-Party Payment Processor account to your AmiSwap Account, you acknowledge and agree that by making payments through AmiSwap with that Third Party Payment Processor, you are bound by that Third Party Payment Processor’s applicable terms and conditions, and we are not liable for any loss, claims or damages howsoever arising in connection with that third party’s services). As most of the offers on the Services comes from other users, we do not guarantee the accuracy, completeness, efficacy or timeliness of any postings or user communications or the quality, safety, or legality of what is offered. We also cannot guarantee continuous or secure access to our Services. Notification functionality in our Services may not occur in real time. Such functionality is subject to delays beyond our control, including without limitation, delays, or latency due to your physical location or your wireless data service provider’s network.

Accordingly, to the extent legally permitted we expressly disclaim all warranties, representations, and conditions, express or implied, including those of quality, merchantability, merchantable quality, durability, fitness for a particular purpose and those arising by statute. We are not liable for any loss, whether of money (including profit), goodwill, or reputation, or any special, indirect, or consequential damages arising out of your use of AmiSwap, even if you advise us or we could reasonably foresee the possibility of any such damage occurring. Some jurisdictions do not allow the disclaimer of warranties or exclusion of damages, so such disclaimers and exclusions may not apply to you.

Despite the previous paragraph, if we are found to be liable, our liability to you or any third party (whether in contract, tort, negligence, strict liability in tort, by statute or otherwise) is limited to the greater of (a) the total fees you pay to us in the 12 months prior to the action giving rise to liability, and (b) 100 Canadian Dollars.

You will indemnify and hold harmless AmiSwap and its affiliates and our and their respective officers, directors, agents and employees (each an “Indemnified Party”), from any claim made by any third party, together with any amounts payable to the third party whether in settlement or as may otherwise be awarded, and reasonable legal costs incurred by any of the Indemnified Parties, arising from or relating to your use of the Services, any alleged violation by you of the applicable terms, and any alleged violation by you of any applicable law or regulation. We reserve the right, at our own expense, to assume the exclusive defense and control of any matter subject to indemnification by you but doing so will not excuse your indemnity obligations.

By using AmiSwap Services, you agree to the collection, transfer, storage, and use of your personal information by. AmiSwap reserves the right at all times to disclose any data or information (in any form) as AmiSwap deems necessary to satisfy any applicable law, regulation, legal process or governmental request, or to edit, refuse to post or to remove or restrict any information or materials, in whole or in part, in AmiSwap’s sole discretion.

These terms and the other policies posted on the Services constitute the entire agreement between us and you, superseding any prior agreements. This agreement is governed by the laws of the Province of Quebec and the federal laws of Canada applicable therein. We both submit to the jurisdiction of the courts of the Province of Quebec. This will not affect your statutory rights if you are a consumer and applicable consumer law requires application of another law for certain topics. If we don't enforce any particular provision, we are not waiving our right to do so later. If a court strikes down any of these terms, the remaining terms will survive. We may automatically assign this agreement in our sole discretion in accordance with the notice provision below (our assignment to an affiliate will not require notice). Except for notices relating to illegal or infringing content, your notices to us must be sent by registered mail to:
 Barrek Group Inc.
 410 Avenue Lafleur, Suite 54
 Montreal, (Quebec) H8R 3H6

We will send notices to you via the email address you provide, or by registered mail. Notices sent by registered mail will be deemed received five days following the date of mailing. We may update this agreement at any time, with updates taking effect when you next use the site or after 30 days, whichever is sooner. No other amendment to this agreement will be effective unless made in writing, signed by users and by us. Send questions, comments, or complaints to contact@barrekgroup.com

If you're accessing the Services from a mobile device using a AmiSwap mobile application (the "Application"), the following terms and conditions ("Mobile Devices Terms") apply to you in addition to the applicable Mobile Privacy and Legal Notice or End User License Agreement, as the case may be. Your use of the Application confirms your agreement to these Mobile Devices Terms.

AmiSwap grants you the right to use the Application pursuant to the following restrictions: you may not (a) modify, copy, publish, license, sell, or otherwise commercialize this Application or any information or software associated with this Application; (b) rent, lease or otherwise transfer rights to this Application; or (c) use this Application in any manner that could impair the Application or interfere with any party's use or enjoyment of the Application. You must comply with all applicable laws and third-party terms of agreement when using the Application (e.g., your wireless data service agreement). The Application may not contain the same functionality available on the AmiSwap’s website (and certain functionality may not be available depending on which Application and/or mobile device you are using). Your download and use of the Application is at your own discretion and risk, and you are solely responsible for any damages to your hardware device(s) or loss of data that results from the download or use of the Application.

AmiSwap owns, or is the licensee to, all right, title, and interest in and to its Applications, including all rights under patent, copyright, trade secret, trademark, and any and all other proprietary rights, including all applications, renewals, extensions, and restorations thereof. You will not modify, adapt, translate, prepare derivative works from, decompile, reverse-engineer, disassemble, or otherwise attempt to derive source code from any Application and you will not remove, obscure, or alter AmiSwap's copyright notice, trademarks or other proprietary rights notices affixed to, contained within, or accessed in conjunction with or by any Application.

The Application or its underlying technology may not be downloaded to or exported or re-exported: (a) into (or to a resident or national of) any country subject to United States embargo; (b) to anyone on the U.S. Department of the Treasury’s list of Specially Designated Nationals or on the U.S. Department of Commerce’s Denied Party or Entity List; and (c) to any prohibited country, person, end-user, or entity specified by U.S. export laws. When using the Application, you are responsible for complying with trade regulations and both foreign and domestic laws (e.g., you are not located in a country that is subject to a U.S. government embargo, or that has been designated by the U.S. government as a "terrorist supporting" country, and you are not listed on any U.S. government list of prohibited or restricted parties).

Additional Terms. Additional terms and conditions that apply to you based on the mobile device the Application is installed on:

• iOS – Apple
• These terms are an agreement between you and us, and not with Apple. Apple is not responsible for the Application and the content thereof.
• We grant you the right to use the Application only on an iOS product that you own or control and as permitted by the Usage Rules set forth in Apple’s then-current App Store Media Services Terms and Conditions.
• Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the Application.
• Apple is not responsible for the investigation, defense, settlement, and discharge of any third-party intellectual property infringement claim.
• Apple is not responsible for addressing any claims by you or any third party relating to the Application or your possession and/or use of the Application, including but not limited to: (a) product liability claims; (b) any claim that the Application fails to conform to any applicable legal or regulatory requirement; and (c) claims arising under consumer protection or similar legislation.
• In the event of any failure of the Application to conform to any applicable warranty, you may notify Apple, and Apple may refund the purchase price, if applicable, for the Application to you; and to the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the Application.
• Apple and Apple's subsidiaries are third party beneficiaries of these terms, and, upon your acceptance, Apple as a third-party beneficiary thereof will have the right (and will be deemed to have accepted the right) to enforce these terms against you.


• Android - Google
• These terms are an agreement between you and us, and not with Google. Google is not responsible for the Application and the content thereof.
• Your use of the Application must comply with Google’s then-current Google Play Store Terms of Service.
• Google is only a provider of the Google Play Store where you obtained the Application.
• Google has no obligation or liability to you with respect to the Application or these terms; and
• You acknowledge and agree that Google is a third-party beneficiary to these terms as it relates to the Application.