Terms & Conditions – Website/Desktop Application
1. Acceptance of Terms
BARK TECHNOLOGIES LIMITED and its agents and affiliates (collectively, “we”, “us”, or “our”) own and operate the website https://barktrading.com and desktop application https://barktrading.com/download (together, the “Digital Properties”). These terms and conditions (the “Terms”) comprise an electronic contract that establishes the legally binding terms and conditions you must accept when you access or use the Digital Properties. The term “you”, “your” or “User” refers to any individual that accesses or uses the Digital Properties.
By accessing or using the Digital Properties you accept and agree to the terms, conditions and notices contained or referenced herein and consent to have the terms, conditions and all notices provided to you in electronic form.
If you breach any provision of these Terms, your right to access and use the Digital Properties shall cease immediately.
2. Our Services & Rights to the Digital Properties
We are a commodity analytics company that provides members of the forest products industry with data and pricing analytics software through a desktop application.
We reserve the right to add, amend, delete, edit, remove or modify any information, content, material or data displayed on the Digital Properties without notice from time to time. We reserve the right to suspend or discontinue the Digital Properties, in whole or in part, without notice. We shall not be liable to you for any modification, suspension, or discontinuation of the Digital Properties.
We shall have no obligation to provide you with any support or maintenance in connection with the Digital Properties.
3. Electronic Communications
Visiting and using the Digital Properties or sending emails to us constitutes electronic communications. You consent to receive electronic communications and you agree that any requirement that a notice, disclosure, agreement, or other communication be sent to you by us in writing is satisfied by such electronic communication. We are not responsible for any automatic filtering you or your network provider may apply to communications we send to an e-mail address or other location that you provide to us.
4. Permitted use of the Digital Properties
We grant you a non-transferable, non-exclusive, revocable, limited licence to use and access the Digital Properties solely for your own personal, non-commercial use. Access to and use of the Digital Properties other than for your personal, non-commercial purposes is strictly prohibited.
You are not permitted to use the Digital Properties:
a) in any unlawful, fraudulent, or commercial manner, or any other manner prohibited by the Terms;
b) to upload, transmit, or distribute to or through the Digital Properties any computer viruses, worms, or any software intended to damage or alter a computer system or data;
c) to send through the Digital Properties unsolicited or unauthorized advertising, promotional materials, junk mail, spam, chain letters, pyramid schemes, or any other form of duplicative or unsolicited messages, whether commercial or otherwise;
d) to use the Digital Properties to harvest, collect, gather or assemble information or data regarding other Users, including e-mail addresses, without their consent;
e) to interfere with, disrupt, or create an undue burden on servers or networks connected to the Digital Properties, or violate the regulations, policies or procedures of such networks;
f) to attempt to gain unauthorized access to the Digital Properties (or to other computer systems or networks connected to or used together with the Digital Properties), whether through password mining or any other means;
g) to harass or interfere with any other Digital Property User’s use and enjoyment of the Digital Properties;
h) to use software or automated agents or scripts to produce multiple accounts on the Digital Properties, or to generate automated searches, requests, or queries to (or to strip, scrape, or mine data from) the Digital Properties;
i) to tamper with, modify, copy without express permission, amend, make derivative or reverse engineer any part of the Digital Properties; or
j) to licence, sell, rent or lease any part of the Digital Properties.
5. Third Party Websites
We may provide links through the Digital Properties to the websites of third parties. These websites are owned and operated by third parties over whom we do not have control. We have not reviewed all the sites linked through the Digital Properties and accept no responsibility for the contents or use of third-party websites. The inclusion of any link does not imply endorsement by us of the website. Use of any such linked websites is at the User's own risk. Any links to third party websites are provided for your interest and convenience only. We are not responsible or liable for any loss or damage you may suffer or incur in connection with your use of any third-party websites or for any acts, omissions, errors or defaults of any third party in connection with their websites.
6. Intellectual Property
We own and retain all proprietary rights in the Digital properties, and in all data content, trademarks, trade names, service marks, designs and other intellectual property rights related thereto. The Digital Properties contains our copyrighted material, trademarks, and other proprietary information. You agree to not copy, modify, transmit, create any derivative works from, make use of, or reproduce in any way any copyrighted material, trademarks, trade names, service marks, or other intellectual property or proprietary information accessible through the Digital Properties. You agree to not remove, obscure or otherwise alter any proprietary notices appearing on any content, including copyright, trademark and other intellectual property notices. Subject to this section, no licence is granted to you or any other party for the use of our intellectual property.
You agree that:
a) If you use the Digital Properties, you do so at your own and sole risk. The Digital Properties are provided on an “as is” and “as available” basis. We expressly disclaim all warranties of any kind, whether express or implied, including, without limitation, implied warranties of merchantability, fitness for a particular purpose, title and non-infringement.
b) If you access or transmit any content through the use of the Digital Properties, you do so at your own discretion and your sole risk. You are solely responsible for any loss or damage to you in connection with such actions. We are not responsible for any incorrect or inaccurate content in connection with the Digital Properties, whether caused by Users or by any of the programming associated with or utilized in the Digital Properties. We are not responsible for the conduct, whether online or offline, of any User of the Digital Properties. We assume no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, or alteration of, User communications.
We do not warrant that:
a) the Digital Properties will meet your requirements;
b) access to the Digital Properties will be uninterrupted, timely, secure, or error-free;
c) the quality or reliability of the Digital Properties will meet your expectations;
d) any information you provide or we collect will not be disclosed to third parties;
e) any account in connection with the Digital Properties is accurate, up to date or authentic; or
f) third parties will not use your confidential information in an unauthorized manner.
9. Limitation of Liability
You agree that neither we nor our subsidiaries, parents, affiliates, and each of our and their directors, officers, managers, partners, agents, other representatives, employees and customers will be liable for any damages whatsoever, including direct, indirect, incidental, punitive, special, consequential or exemplary damages, in connection with, or otherwise resulting from, any use of the Digital Properties, even if we have been advised of the possibility of such damages. We shall not be liable for any damages, liability, or losses arising from, relating to, or connected with:
a) the use or inability to use the Digital Properties;
b) disclosure of, unauthorized access to, or alteration of your account;
c) actions or inactions of other Users or any other third parties for any reason; or
d) any other matter arising from, relating to, or connected with the Digital Properties or these Terms.
You acknowledge and agree that these limitations of liability are an agreed upon allocation of risk between you and us. You acknowledge and agree that if you did not agree to these limitations of liability, you would not be permitted to access the Digital Properties. You acknowledge and agree that such provisions are reasonable and fair.
You agree to defend, indemnify and hold us, and our subsidiaries, parents, affiliates, and each of our and their directors, officers, managers, partners, agents, other representatives, employees and customers (each an “Indemnified Party” and collectively, the “Indemnified Parties”), harmless from any claim, demand, action, damage, loss, cost or expense, including without limitation, lawyers’ fees and costs, investigation costs and settlement expenses, incurred in connection with any investigation, claim, action, suit or proceeding of any kind brought against any Indemnified Party arising out of your use of the Digital Properties, any alleged or actual infringement of the intellectual property rights of any party, any injury or damage to property or person, any act by you in connection with any User of the Digital Properties or any other third party, or alleging facts or circumstances that could constitute a breach by you of any provision of these Terms.
11. Dispute Resolution
In the event a dispute arises out of or in connection with these Terms, we shall attempt to resolve the dispute through friendly consultation.
If the dispute is not resolved within a reasonable period, then any or all outstanding issues shall be referred to mediation on notice by one party to the other, with the assistance of a neutral mediator jointly selected by the parties. If the dispute cannot be settled within thirty (30) days after the mediator has been appointed, or within such other period as agreed to by us in writing, either party may commence a legal action in any British Columbia court.
12. Term & Termination
These Terms will remain in full force and effect while you use the Digital Properties and/or have an account.
13. Changes to this Policy
These Terms may be changed, removed, added to, or otherwise modified by us from time to time at our sole discretion. Any modifications we may make to our Terms in the future will be posted on the Digital Properties. All new, amended, or otherwise modified terms will become effective immediately upon posting on the Digital Properties. We shall notify you of any modifications to the Terms through notices on the Digital Properties, by email, or by both. To withdraw your consent, you must cease using the Digital Properties. The date these Terms were last revised is identified on the top or bottom of this page. Please bookmark this page and check back frequently to see any updates or changes to our Terms.
Your continued use of the Digital Properties or the Services, subsequent to any modifications to these Terms, signifies that you accept the modified Terms.
If you provide us with any feedback or suggestions regarding the Digital Properties (“Feedback”), you hereby assign to us all rights in such Feedback and agree that we shall have the right to use and fully exploit such Feedback and related information in any manner we deem appropriate. We will treat any Feedback you provide to us as non-confidential and non-proprietary. You agree that you will not submit to us as Feedback any information or ideas that you consider to be confidential or proprietary.
15. Contact Us
If you have any questions or concerns regarding these Terms, please e-mail us at email@example.com
We will not be liable for any failure or delay in performing under these Terms where such failure or delay is due to causes beyond our reasonable control, including natural catastrophes, governmental acts or omissions, laws or regulations, terrorism, labour strikes or difficulties, communication system breakdowns, hardware or software failures, transportation stoppages or slowdowns or the inability to procure vehicles, supplies or materials.
These Terms shall be governed by, and construed under, the laws of the Province of British Columbia.
In the event that any portion of these Terms are held to be unenforceable, the unenforceable portion shall be construed in accordance with applicable law as nearly as possible to reflect its original intentions and the remainder of the provisions shall remain in full force and effect.
No failure or delay by either party in exercising any right under these Terms shall constitute a waiver of that right.
Effective as of August 15, 2022.