It is possible for everyone to use ballycatter.com simply and quickly. We have established clear rules for this. This means that the ballycatter.com Terms of Use apply to you by visiting our platform. We therefore recommend that you regularly read these Terms of Use.
These Terms of Use (the "Terms of Use") apply from 1 January 2023 to any use of the ballycatter.com platform (the "Platform") (both via your computer and via mobile equipment or any other software application, including the App), to any service offered by Ballycatter Group Inc., and on all agreements that Ballycatter Group Inc. enters into for the use of the Platform and any other services. By visiting our Platform or sites, you agree to these Terms of Use. Ballycatter Group Inc. advises everyone who uses the Platform or one of these services (a "User") to read these Terms of Use in advance. We cannot guarantee that our services will always function without errors and/or that continuous and/or secure access to the Platform or parts thereof can be obtained. All information and numbers on the Platform are subject to spelling or typing errors. Ballycatter Group Inc. may change these Terms of Use from time to time.
Additional conditions for various services from Ballycatter Group Inc.
If additional conditions of use apply, these additional terms of use are part of the Terms of Use, and will always prevail in case they conflict with one or more other Terms of Use. This will be reported separately when you purchase a service to which these additional terms and conditions of use apply.
Protection of your privacy
Our Privacy Statement explains how we handle your personal information and how we manage your privacy when you use our Platform. It can be found: https://www.ballycatter.com/privacy
Minors
The services of ballycatter.com are only accessible to minor Users if they have received permission from their legal guardian.
Unauthorized use of the Platform
The content of the Platform may not be copied, reproduced and/or made public by the User including, but not limited to, the Ballycatter logo, name, content, and any third-party content, regardless of source without express written permission from Ballycatter Group Inc. The User is not permitted to change the content of the Platform, other than described in these Terms of Use. The User is not permitted to collect the personal data of Users who place an advertisement on the Platform ("Advertisers") (including e-mail addresses and telephone numbers) and/or to approach Advertisers for offering their own products and/or services. The database right of Ballycatter Group Inc. rests on the Advertisements Database. This means, among other things, that the User is not permitted to request and reuse a substantial part of the contents of the Advert Database and/or to request non-substantial parts of the contents of the Advert Database repeatedly and systematically and reusable within the meaning of the Database Act, unless the above-mentioned exception for personal use and/or news items has been met. The User is also not permitted to display hyperlinks to Advertisements on another platform or website, unless prior written permission has been obtained from Ballycatter Group Inc. Unless Ballycatter Group Inc. has given permission for this, it is not permitted to place Ads on the Platform via an automated system, or in any other way than via the "Create an Ad" process. It is not permitted to place advertisements on behalf of third parties unless Ballycatter Group Inc. has given permission for this.
Misuse of the Platform and its consequences
For your safety and to prevent abuse, e-mail addresses are protected by Ballycatter Group Inc. Your response to an advertisement and any follow-up messages between buyer and advertiser is sent via the Ballycatter Group Inc. servers. For reporting illegal and infringing advertisements, offensive content and other problems, we request that you send an e-mail to service@ballycatter.com; together we can ensure that the site remains as clean and safe as possible. Complaints about scams can be reported by sending an e-mail to service@ballycatter.com. If we receive instructions and/or complaints from other users or believe that a particular user is not acting in accordance with the law and/or the Terms of Use and/or the Privacy Statement, we can - if we see reason to do so - for safety reasons and to protect our users, among other things, take the following measures. Ballycatter Group Inc. can also take these measures if you make unreasonable use of the Platform, for example, if your use interferes with other users or disrupt the proper functioning of the Platform:
a. Ballycatter Group Inc. can exclude the relevant User from the services of Ballycatter Group Inc. or limit certain functionalities for this User. You can think of, for example, suspension of the account of the relevant User, the removal of reviews, the limited ability to place advertisements or responses; and / or
b. Ballycatter Group Inc. can remove one or more Ads from the User without refund of the amount paid by the User. Within the framework of the aforementioned measures, the Ballycatter Group Inc. can process the personal data of the parties involved. If there is reason to do so, Ballycatter Group Inc. can, within the limits of the law, pass on the personal data of those involved.
Limitation of Ballycatter Group Inc. liability
We exclude, to the extent permitted by law, liability for all damage suffered by a User as a result of
(i) use of Ballycatter Group Inc. services;
(ii) the Platform or parts thereof not being or not being securely available;
(iii) incorrect information on the Platform;
(iv) purchase of services from third parties or use of purchased products via the Platform;
(v) data loss or manipulation resulting from malevolent actions (i.e., hacking); or
(v) changes in the services of Ballycatter Group Inc. or changes in or on the Platform. If for whatever reason we are liable, then our liability is limited to a maximum of a) the total compensation paid by the User to Ballycatter Group Inc. during the 3 months prior to the act that caused the liability, or (b) $ 150, whichever is higher.
Changes to the services and the Platform
Ballycatter Group Inc. can change the Platform or parts thereof at any time. We can also change or terminate our services at any time.
Third-Party Platforms and Services
The Platform contains references to the platforms and/or websites of third parties (for example by means of a hyperlink or banner). Ballycatter Group Inc. has no control or influence over the content of these sites. The rules of those websites apply to these sites. If you have questions about these rules from third-party platforms / websites, please refer to their respective sites. This also applies to use the services of external service providers, such as third-party payment services. The use of these services will then fall under the rules of the relevant service provider.
Complaints procedure
Complaints about the services of Ballycatter Group Inc. can be submitted using email to service@ballycatter.com. Complaints must be submitted within a reasonable time after you have found a defect in the service, whereby a period of 2 weeks will, in any case, be timely. Complaints must be submitted fully and clearly described. We will endeavor to respond within 14 days of complaint submission. In case this is not possible, we will give you an indication of the response time within 14 days of submitting the complaint.
Placing advertisements
Ballycatter.com is an advertising platform. Ballycatter.com is a platform where an Advertiser can place Ads and a User can view these Ads. Ballycatter Group Inc. is not a party to the agreement that is concluded between an Advertiser and a User. Advertisers and Users must resolve mutual disputes themselves. A company enters into a binding agreement with Ballycatter Group Inc. for a minimum one year term when they direct the company to prepare advertising pages for their review (thereby known as an “Advertiser”). This direction may be via an internet form, e-mail, or verbally and the authorizing party is considered authorized to act in a capacity to represent his/her company. Ballycatter Group Inc. prepares advertisements on behalf of the Advertiser and it is the Advertiser who is solely responsible for the content and intent of the Adertisement. Advertisers and Users must conduct sufficient research themselves and be sufficiently informed before they agree to advertise on the Platform. We do not check the quality of the content of the Advertisement, the safety or legality of the advertised products or services, the accuracy of the offers, the power of Advertisers to sell products or offer services and/or the Users' authority to purchase products or to purchase the services - Ballycatter Group Inc. does not guarantee this. Ballycatter Group Inc. can also not guarantee that the products or services offered by Advertisers on the Platform meet your expectations.
Payment Terms
Ballycatter Group Inc. will submit an invoice to Advertisers and customers of other services. Payment is to be made within 30 days. In the case of a disputed charge, the customer agrees to pay the invoice within the above timeframe, and any disputed charges will be remedied between the two parties within 60 days resulting in a potential credit being issued from Ballycatter Group Inc.
Licenses and Intellectual Property
The Company grants Ballycatter Group Inc. a non-exclusive, royalty-free, worldwide license to provide the logo of the Company, the website content, social media content, the code, and the material supplied by or on behalf of the Company ("Materials of the Company") to use, reproduce and display marketing materials on the Website and on all Ballycatter Group Inc. platforms, in the form provided by the Company, except for any changes to the layout and language required for display on the Website or other agreed changes. Unless otherwise specified in this Agreement, between Ballycatter Group Inc. and Company: (a) Ballycatter Group Inc. retains all rights, claims and interests in and for all intellectual property rights in or connected to the Website, and all Ballycatter Group Inc. services and (b) the Company retains all rights, claims and interests in and for all intellectual property rights in or connected to the Materials of the Company.
Reporting illegal or infringing Advertisements to Ballycatter Group Inc.
The Infringement Report can only be used by holders of intellectual property rights or their authorized representatives and legal authorities. Advertisements that are otherwise contrary to the Terms of Use, such as Advertisements offering illegal products or that have harmful content, can be reported via service@ballycatter.com. Misuse of the service@ ballycatter.com system is seen as an action in violation of the Terms of Use and may lead us to take the measures described herein against the reporting person concerned. The "Reporting of infringement" Program of ballycatter.com is intended to ensure that products offered in Advertisements do not infringe on the copyright, trademark or other intellectual property rights of third parties. Right holders can report an Advertisement that infringes their rights, and submit a request for the removal of this Advertisement by completing an e-mail with the title “Infringement Report Ad number xxxx” e-mail and sending it to Ballycatter Group Inc., where xxxx is replaced with the relevant advertisement number. If the Infringement Report e-mail has been correctly and fully completed and received by the Ballycatter Group Inc., the relevant advertisement may be removed. The information requested in the Reporting of Infringement e-mail is intended to ensure that the party reporting the Advertisement is the claimant himself or is officially authorized by the claimant. That information must also enable us to identify the Advertisement to be deleted. As soon as Ballycatter Group Inc. has received a fully and correctly completed Report of Infringement e-mail for the first time, later reports can easily be sent to Ballycatter Group Inc. via the e-mail service@ballycatter.com.
Fulfillment and Other Services
Ballycatter Group Inc. provides fulfillment services in the form of logistics and payment handling when specifically requested by the buyer or seller (or both). These transactions are completed in accordance with applicable international trade procedures and regulations. Multiple methods of payment are available, but unless otherwise agreed, the payment method will be CIA (cash in advance). Incoterms 2020 will apply to logistics arranged by Ballycatter Group Inc. and such terms will be clearly stated in all fulfillment contracts.
Incoterms 2020 includes 11 terms divided into two groups according to method of transport:
1. Seven terms are applicable to Any Mode of Transport / Multimodal (e.g. containerized goods)
2. Four terms are applicable to Sea and Inland Waterway Transport (e.g. bulk / non-containerized goods).
Each Incoterms rule indicates each party’s responsibilities and point at which risk transfers from the seller to the buyer. The term selected should be appropriate for the goods and method of transportation and should clearly state whether the parties want to include additional responsibilities (e.g. arranging insurance coverage).
Procedure used to incorporate Incoterms into your contract of sale:
1. Choose the appropriate rule;
2. Specify your place or port of delivery as specific as possible;
3. Secify the version of Incoterms you are using.
The following graphics (from Incoterms 2020) illustrate how Ballycatter Group Inc. works with buyers and sellers to determine the most appropriate Incoterms for specific situations.
When possible, Ballycatter Group Inc. creates additional terms and conditions regarding physical transfer of goods and services using the above flowcharts. In the event these terms are not specifically drafted, the following general terms apply;
a. Payment is 100% up front payment,
b. Payment currency is US dollars,
c. Pricing does not include any applicable sales tax or duties,
d. Delivery location if Ex Works.
Other provisions
Ballycatter Group Inc. ("Ballycatter Group Inc.") is located at Suite 428, 700 8 Ave SW, Calgary, Alberta, Canada, T2P 1H2. Ballycatter Group Inc. can change the Terms of Use or parts thereof at any time. The changes will take effect within a reasonable period of time after they have been implemented, or after you have again used the Platform and / or the services of Ballycatter Group Inc. after the change, whichever is earlier. If we do not enforce a provision in the Terms of Use, this does not mean that we waive the right to enforce this at a later time or against another User. Agreements that deviate from the provisions of the Terms of Use are only valid if confirmed in writing by the Ballycatter Group Inc. If one or more provisions of the Terms of Use is declared invalid by a competent court, this does not affect the other provisions of the Terms of Use. Notices to Ballycatter Group Inc. (other than with regard to infringing or otherwise unlawful Advertisements) can be directed to service@ballycatter.com. Notifications to Users will be sent to the specified e-mail address, or by registered mail if there is reason to do so and an address is available. Ballycatter Group Inc. is at all times entitled to transfer its rights and obligations from the agreements relating to the services of the Ballycatter Group Inc. to one of its group companies. These Terms of Use constitute the entire agreement between Ballycatter Group Inc. and users, customers, advertisers, etc. and replace all previous agreements.
