THIS AGREEMENT CONTAINS VERY IMPORTANT INFORMATION REGARDING YOUR RIGHTS AND OBLIGATIONS, AS WELL AS CONDITIONS, LIMITATIONS AND EXCLUSIONS THAT MIGHT APPLY TO YOU. PLEASE READ IT CAREFULLY.
THESE TERMS REQUIRE THE USE OF ARBITRATION TO RESOLVE DISPUTES RATHER THAN JURY TRIALS OR CLASS ACTIONS.
THE VALUE OF DIGITAL ASSETS CAN GO UP OR DOWN AND THERE CAN BE A SUBSTANTIAL RISK THAT YOU LOSE MONEY BUYING, SELLING, HOLDING, OR INVESTING IN DIGITAL ASSETS. YOU SHOULD CAREFULLY CONSIDER WHETHER TRADING OR HOLDING DIGITAL ASSETS IS SUITABLE FOR YOU IN LIGHT OF YOUR FINANCIAL CONDITION.
ByBarter is the world’s 1st P2P-As-A-Service Platform that enables users of self-custody wallets to conduct P2P transactions independently. ByBarter does not handle or process any fiat currency directly on its system. Payment methods are negotiated and exchanged on a peer-to-peer basis between the buyers in the Marketplace (“Buyers”) and sellers in the Marketplace (“Sellers”). Our users agree upon which payment methods to use to complete a transaction and are fully responsible and liable for using such payment methods in a lawful manner.
ByBarter does not offer hosted digital wallet services. Our worldwide userbase is able to post offers to either buy or sell Digital Assets in a variety of convenient methods. The creator of the offer is responsible for listing terms of the transaction, including the payment methods the Seller will accept. Once an offer is selected by another ByBarter user, the Seller’s shall transfer only the crypto quoted by the ByBarter into the ByBarter Secure Escrow to protect both the buyer and seller (which we refer to as “ByBarter Escrow”) until all conditions necessary to consummate the transaction have occurred. The sale is complete and Digital Assets are automatically transferred to the Buyer by the ByBarter Secure Escrow once the Buyer has completed the terms of the transaction and payment has been confirmed valid and received by the Seller. BYBARTER DOES NOT ACT AS A PAYMENT PROCESSOR. ALL LIABILITY FOR SENDING AND RECEIVING PAYMENT AND CONFIRMING THE VALIDITY OF THE TRANSACTIONS LIE BETWEEN THE BUYER AND SELLER. The Digital Assets in the ByBarter Escrow are released back to the Seller if the Buyer chooses to cancel the transaction. The Seller may not cancel the transaction at any point as soon as he approves to transact with the buyer. The Seller only has the option to transfer the digital assets for sale to the buyer to the secure escrow. This is for the security protection for the Buyer. Should a Seller need to cancel the transaction due to a Buyer not following the terms of the transaction, they must start a dispute and provide a reason for doing so as further described in this Agreement. Transactions on our Website are conducted between the Buyers and Sellers. Accordingly, ByBarter is not a party to any transaction.
The hosted digital currency wallet service provided by ByBarter is a secure methodof storing, sending, and receiving digital currency. ByBarter does not store or custody any Digital Assets. Digital Assets are always stored on its respective networks or blockchains. All digital currency transactions occur within the digital currency network, not on ByBarter. There are no guarantees that the transaction will process on the digital currency network. As you are conducting P2P transactions directly from your wallet, ByBarter cannot access your wallets for any reason whatsoever as you are the sole owner of your keys. You hereby accept and acknowledge that you take full responsibility for all activities that occur under your wallet and accept all risks of any authorized or unauthorized access to your wallet, to the maximum extent permitted by law.
The Website allows users to solicit offers to buy or sell Digital Assets.
When a user initiates a transaction for the purchase or sale of Digital Assets, the transaction is consummated pursuant to this Agreement and to the additional terms, if any, detailed by the user or the user’s counterparty. A step-by-step guide on buying and selling Digital Assets on the ByBarter Marketplace can be found on our website
When purchasing Digital Assets on the ByBarter Marketplace:
When selling Digital Assets on the ByBarter Marketplace:
You can initiate a dispute by logging into your ByBarter Account, opening the transaction you would like to dispute and selecting the “dispute” button. The “dispute” button will only appear active if the transaction has been marked as fully paid by the Buyer. Once you initiate a dispute, you will select the type of dispute from the options presented and describe the issue giving rise to your dispute.
The options presented for describing your dispute if you are a Seller are as follows:
The options presented for describing your dispute if you are a Buyer are as follows:
Once a dispute has been submitted, ByBarter Support will provide the other party with notification by sending a message through the transaction chat feature available to Buyers and Sellers in the Marketplace alerting such party that a dispute has been initiated. If one of your transactions is being disputed, ByBarter Support will tell you which transaction is being disputed and why the transaction is being disputed.
Review the dispute and provide ByBarter Support with an explanation of what happened. Include any evidence you have to support your explanation, such as proof of payment, proof of ownership or proof that you have or have not received payment.
Disputed transactions will be investigated by ByBarter Support and a decision will be made based upon evidence provided by both parties. ByBarter Support resolves disputes by evaluating various factors.
Below are selected situations to provide you with insight as to how ByBarter may resolve a disputed transaction. This is not meant to be an exhaustive list. The resolution of any dispute will be impacted by the specific facts of the dispute and evidence provided by the users.
ByBarter Support may resolve a dispute in the Buyer’s favor when at least one of the following criteria are met:
ByBarter Support may resolve a dispute in the Seller’s favor when one of the following criteria are met:
If the Buyer or the Seller of a disputed transaction provides fraudulent information or fraudulent documents or makes false claims or otherwise uses deceptive tactics, the dispute may be immediately resolved against such user and such user’s account may be immediately suspended or terminated at the sole discretion of ByBarter Support.
In some situations where neither party fulfills the criteria, or it is in other ways unclear or not possible to determine which party has fulfilled the dispute resolution criteria in ByBarter’s sole and absolute discretion, ByBarter may decide to resolve the dispute by splitting the Digital Assets subject to the dispute between the Buyer and the Seller evenly or unevenly.
Please be reminded that whether during the dispute process or generally any time when using our Services, you are obligated to keep a civil tone and be respectful to other users and ByBarter Support.