Terms and Conditions | North Coast Community Exchange

TERMS AND CONDITIONS OF USE

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1.1 ONLY ACCOUNT HOLDERS

Only registered account-holders may use the system to advertise and trade and no third party may trade through a registered account holder's account. Shared accounts must name one person who is responsible for the account.

1.2 WAVES-BASED EXCHANGES

An account-holder may not use the facilities of the CES for advertising purely Pound Sterling based offerings. Trades may be advertised and effected for part Waves and part Pound Sterlings provided that the Pound Sterling component shall not exceed the Wave component, unless the Pound Sterling are for necessary disbursements made by the Seller.

1.3 NORMAL TRADING LAWS APPLY

The normal commercial laws of the land between trading parties shall govern all transactions and each party to a transaction takes responsibility for normal legal liabilities, obligations and risk.

1.4 FIRST ADVERTISE

New account-holders must start with at least one offering on the system. Registrations with no offerings will not be considered.

1.5 ENTRIES

Trades are entered into the system by the seller on the basis indicated on the CES website, which procedure may be changed from time to time.

1.6 LEVIES

The CES comes with a built-in levy system that deducts a small percentage (4%) of every transaction entered. The levy is deducted from both the sellers' and the buyers' accounts and accumulates in a special 'treasury' account. The levies serve as a source of revenue to operate.

The amount of the levy shall be as set or amended by the administration from time to time.

1.7 CREDIT/DEBIT LIMITS

1.7.1 All new accounts are created with a balance of zero Waves.

1.7.2 Account-holders shall be entitled to begin trading without having a positive balance and may so incur a debit balance in their accounts.

1.7.3 A default credit and debit limit of 250 Waves apply on accounts.

1.7.4 Heavy traders might require higher limits. As a result debit and credit limits may vary from account to account.

1.8 EXCEEDING LIMITS

It shall be the duty of each seller in a transaction to ensure that the buyers have not exceeded their limits before agreeing to a transaction. If a buyer's debit limit is exceeded then the transaction may be declined by the administration, in which event:

1.8.1 The seller will have to take recourse against the buyer personally

1.8.2 The parties accept the jurisdiction of the small claims court, alternatively the magistrates' court for the district having jurisdiction

1.8.3 The seller shall be entitled to claim the amount owed in Waves in Pound Sterling on the basis of one Pound Sterling being equal to one Wave.

1.9 INTER-EXCHANGE TRADE

The administrator of the CES shall be entitled to set limits to the amount of credit that trading exchanges may incur vis a vis other exchanges as well as lay down terms and conditions governing inter-exchange trading.

1.10 ACCOUNT INFORMATION

Trading balances are available to all account-holders but details of individual purchases are not.

Information about users registered with CES is available for all CES users to see (apart from users' actual transaction details and what they themselves decide to hide) for the sole purpose to facilitate trade and exchange between members.

CES does not share any information with any third parties.

1.11 ADVERTISING

Advertisements for offerings should be honestly described. Advertisements considered offensive to others, inaccurate, illegal or contrary to the ethics of the system may be withdrawn by the administration without consultation.

An offer advertised on the system amounts to an invitation to do business only and shall not constitute an irrevocable offer to all.

1.12 DISPUTE RESOLUTION

1.12.1 If any other dispute should arise between account-holders or between the administration and any account-holder, the matter shall be referred to mediation, or failing that, to arbitration.

1.12.2 If the parties cannot agree on the person of the arbitrator then an appointment shall be made, if the dispute is between account-holders, by the administration, or if the administration is itself party to the proceedings, by the Registrar. Any such appointee should preferably be a member of the CES, or if not a member, then a person who agrees to act in an honorary capacity.

1.12.3 The arbitrator shall be entitled to make awards for contractual losses or damages but not for delictual or consequential losses. The arbitrator may also make an award as to costs. All awards shall be in Waves. The administrator shall be required to debit or credit any account within the system to give effect to such order or award.

1.12.4 The arbitrator's decision will be final and binding on all parties. The arbitrator will determine procedures to be followed at any hearing and when in doubt the procedures set out in the UK Arbitration Act 1996 will apply.

1.13 NO INTEREST

Account-holders may not charge interest for lending Waves to other members.

1.14 ONLY ONE ACCOUNT

Unless otherwise authorised by the administrator, account-holders may only operate one account in the system.

1.15 ACCOUNT HOLDERS' NAMES

Unless otherwise authorised by the administrator, all accounts shall be kept in an account-holders personal name.

1.16 STALE ACCOUNTS

1.16.1 If any account becomes stale in the opinion of the administrator, the administrator shall be entitled to call up the account, after having given reasonable notice to the account-holder, in which event:

1.16.1.1 Any credit balance will be forfeited unless the account-holder brings their account balance back to zero

1.16.1.2 Any debit balance shall become immediately due and payable

1.16.1.3 If such debit balance on a stale account is not cleared with Waves or Pound Sterlings within the time allowed by the administrator, the administrator shall be entitled to proceed against the account-holder on the same basis as set out in Clause 1.8 above as if the account-holder had exceeded their limits. For this purpose the administrator shall be entitled to institute action in his own name.

1.16.2 Any account-holder with a stale account will not be entitled to re-apply for an account with the NCCE or the CES until their obligations towards the NCCE or the CES have been met.

1.16.3 An account will automatically become stale if there has been no activity on the account for a year. "No activity" will mean either no sales or no purchases or no log-in by the account-holder.

1.17 LEAVING AND DE-REGISTERING

If an account-holder wishes to leave the exchange voluntarily, they shall apply to the administrator for deregistration of their account. In such event the same terms and conditions relating to stale accounts as per Clause 1.16 shall apply as if the account was stale.

1.18 SUSPENSION AND TERMINATION

1.18.1 The administration can suspend an account of any account-holder who breaches any material trading rule or who acts in a way considered to be unethical or contrary to the norms of the CES.

1.18.2 The administration shall notify any account-holder if his or her account has been suspended, and the account-holder shall have fourteen days to dispute the suspension. If no dispute is declared the administration shall then be entitled to terminate the account, in which event it shall be treated as if it was a stale account in terms of Clause 1.16 above.

1.19 CHANGES

The administrator shall be entitled to change the terms of use from time to time. In such event the applicable terms will be those prevailing at the time of the action or transaction involved.

2. DISCLAIMERS

2.1 Neither the CES nor the NCCE are party to any transaction between a buyer and a seller and accept no responsibility for the performance of trading parties nor as to their identity or trustworthiness nor as to the subject matter of any trade.

2.2 Neither the CES nor the NCCE accept responsibility for any loss or damage occasioned to any account-holder as a result of information received via the system becoming available to other account-holders or outsiders.

2.3 Account-holders agree to indemnify and hold harmless the CES and the NCCE and the administration and any of their employees or agents from any incident of loss or damage arising out of the use of the system.

3. UNDERTAKING AND ACCEPTANCE

I accept the above terms of use and conditions and undertake further to:

3.1 Negotiate a fair trade with other members.

3.2 Keep my personal contact details, my offerings and wants updated.

3.3 Enter transactional information as soon as possible after a transaction takes place. If I do not have the means to do it myself, I will get another user to do it for me or provide the details to a co-ordinator or the administration.

3.4 Regularly review my offerings and ensure that they provide sufficient information for others to engage in trade with me.

3.5 Actively promote my offerings if my account balance is a large negative amount and remains there for a period of more than one month.

3.6 To make every effort to keep my balance within the limits prescribed or suggested by the administration from time to time.

3.7 Advise the administration if I should wish to de-register or move from one exchange to another.

3.8 Contribute in cash to clear my account if I should de-register or if my account should become stale, on the basis of one Pound Sterling for every Wave outstanding.

3.9 I nominate my email address as used on the exchange as the address at which I choose to receive communications and notices.

By clicking here I acknowledge that I have read the above terms of use and conditions and are bound by them to the CES and NCCE and their administrators as well as to other users. I am also subject to prevailing terms and conditions regarding inter-group trading. I acknowledge further that these terms and conditions may be changed by the CES or NCCE administration from time to time and I undertake to keep myself abreast of any changes. Participation will be subject to the terms of use prevailing at the time.