support@tradecashnetwork.com
UK Call Centre 0207 112 0234
support@tradecashnetwork.com
UK Call Centre 0207 112 0234
Your privacy is important to us. We want you to feel comfortable when you access our website. When you visit this site, you can do so anonymously without revealing your identity or any personal information to us. We also believe that understanding what our customers want to see and do when visiting our site is an important part of building an interesting and useful online environment. Therefore, we track, on an aggregate basis, such information as the time and length of visits, the pages viewed or downloaded and the name of your Internet service provider. We do not collect any personal information about you unless you provide it to us.
Trade Cash Network Information Gathered
When you contact us, you voluntarily give us personal information such as your name, address and e-mail address. If you choose to share this information with us, it is stored here so that we can respond to you and fulfil your requests for information. Please be assured that this information is stored in a responsible manner to protect your privacy. The information gathered by us may be used for internal marketing purposes. However, none of this information is ever sold to marketers, periodical publishers or any other outsiders.
Trade Cash Network Privacy Summary
We are committed to protecting your privacy. We use the information we gather from this site to enhance your overall experience, and we will not sell your personal information to anyone. If we can answer any questions or concerns you may have about our privacy policy, please contact us, and we'll be happy to help in any way we can.
1 ABOUT THESE TERMS
1.1 Nature of Terms: These Terms set out:
(a) the basis on which each Trade Cash Network Member is entitled to participate in the Exchange; and
(b) the obligations that each Trade Cash Network Member has to Trade Cash Network and to other Trade Cash Network Members.
1.2 Alteration of Terms: Trade Cash Network may alter any of these terms by giving notice to each Trade Cash Network Member. Any alteration will be effective from the date specified by
Trade Cash Network. However the effective date must not be earlier than 7 days from the date on which notice of the alteration is given.
1.3 No partnership: Nothing in these Terms creates any partnership, agency or joint venture relationship between
Trade Cash Network and any Trade Cash Network Member or between any two or more Trade Cash Network Members.
1.4 Definitions: Some words, which are used often in these Terms, are defined in clause 23.
2 TRADE CASH NETWORK ROLE
2.1 Trade Cash Network has established the Exchange to allow Trade Cash Network Members to trade amongst each other on a non-cash basis. Except as stated in clause 2.3,
Trade Cash Network role is that of a facilitator. The parties to any Transaction made through the Exchange are entirely responsible for that sale or supply and
Trade Cash Network has no liability to either party in relation to that Transaction.
2.2 Any disputes in relation to a Transaction are to be resolved between the parties to that Transaction.
Trade Cash Network has no responsibility in relation to any such dispute but it will provide for appropriate adjustments to be made to Trading Accounts where a request is made in accordance with the Operating Procedures.
2.3 Trade Cash Network is a Trade Cash Network Member and can enter into Transactions as a principal. Where
Trade Cash Network sells goods and services through the Exchange it does so, on the basis that it makes no warranty regarding those goods and services, except that it owns them.
Trade Cash Network excludes any warranties implied by law in respect of any such sale.
3 TRADING ACCOUNTS
3.1 Trade Cash Network will maintain an account for each Trade Cash Network Member. The Account records the sales and purchases made by the Trade Cash Network Member. For the sake of convenience, Trade Cash Network Members use a virtual currency called Trade Cash. Trade Cash has no value outside of the Exchange. It can not be bought or sold for cash and is not eMoney. It is simply a convenent way to account for the transactions carried out by Trade Cash Network Members. Trade Cash is not legal tender and has no value other than to enable Trade Cash Network Members to make purchases from other Trade Cash Network Members on a non-cash basis in accordance with these Terms. In no circumstances is
Trade Cash Network (or any other person) obliged to redeem Trade Cash for cash. Each Country is allocated a Trade Cash Currency with parity to the National Cash Currency. In the United Kingdom One Trade Pound has the same value as One Sterling Pound.
3.2 Trade Cash Network will credit to a Trade Cash Network Member's Trading Account:
(a) the value of each sale or supply made by that Trade Cash Network Member through the Exchange in accordance with these Terms; and
(b) any other amounts as may be provided for in these Terms or agreed between the Trade Cash Network Member and
Trade Cash Network.
3.3 Trade Cash Network will debit from a Trade Cash Network Member's Trading Account:
(a) the cost of each purchase made by that Trade Cash Network Member through the Exchange;
(b) any other amounts as may be provided for in these Terms or agreed between the Trade Cash Network Member and
Trade Cash Network.
4 AUTHORISATIONS OF TRANSACTIONS
4.1 Trade Cash Network will credit a selling or supplying Trade Cash Network Member's Trading Account only where the Transaction is authorised by
Trade Cash Network.
4.2 Trade Cash Network will not authorise a Transaction if:
(a) at the time of the Transaction either party's right to engage in Transactions was suspended, in accordance with clause 14;
(b) the Transaction would result in the purchasing Trade Cash Network Member's credit limit being exceeded;
4.3 While Trade Cash Network will use all reasonable endeavours to ensure that its approval system is functioning properly at all times, it is unable to completely guarantee that this will occur.
Trade Cash Network excludes all liability to Trade Cash Network Members arising out of:
(a) any Transaction being improperly declined or improperly approved by
Trade Cash Network; or
(b) Trade Cash Network will however take all reasonable steps necessary, to correct any errors that occur, upon notice from a Trade Cash Network Member.
5 CREDIT LIMITS
5.1 Each Trade Cash Network Member agrees to Trade Cash Network allowing Trade Cash Network Members a credit limit on their Trading Account of such amount as
Trade Cash Network in its discretion considers appropriate. Trade Cash Network may at any time increase or reduce a Trade Cash Network Member's credit limit.
Trade Cash Network may at its discretion require a Trade Cash Network Member to provide a guarantee, cash deposit or other security acceptable to
Trade Cash Network as security for performance of its obligations under these Terms.
6 COMMITMENTS BY TRADE CASH NETWORK
6.1 Trade Cash Network agrees to use its best endeavours to:
(a) encourage a wide range of businesses to become Trade Cash Network Members;
(b) operate the Exchange in accordance with good industry practice;
(c) respond to queries from Trade Cash Network Members in a timely manner;
(d) authorise (or decline, where appropriate) Transactions between Trade Cash Network Members on a real-time basis;
(e) maintain an accurate and up to date database of Trade Cash Network Members, which can be accessed by Trade Cash Network Members 24 hours a day.
6.2 Trade Cash Network agrees to act in good faith towards each Trade Cash Network Member.
7 CHARGES
7.1 In consideration of Trade Cash Network performing services as specified in these Terms, each Account Holder must pay all fees due. Details of such fees will be posted on the
Trade Cash Network Website.
7.2 Interest: If any sum owing to Trade Cash Network by a Trade Cash Network Member is not paid on the due date the Trade Cash Network Member must pay
Trade Cash Network interest at the Default Rate on the outstanding sum from the due date for payment, until the date payment is made in full.
7.3 Cash Fee Refunds: Should Trade Cash Network agree to a refund of any Cash Fees, it shall do so by crediting the Trade Cash Network Members Cash Account.
7.4 Cash Account Refunds: The contents of a Cash Account can be used to offset any Cash Commission due. It cannot be used to offset any Debit Trade Cash
Balance. Nor are its contents refundable in cash.
8 OBLIGATIONS OF MEMBERS
8.1 Each Trade Cash Network Member agrees:
(a) to pay the charges due to Trade Cash Network in accordance with clause 7, by the due date for payment;
(b) to act in good faith towards Trade Cash Network and each other Trade Cash Network Member;
(c) not do anything, which is likely to diminish the good name or goodwill of
Trade Cash Network or the Exchange;
(d) to comply with all relevant laws when engaging in Transactions;
(e) to comply with all relevant taxation obligations and each Trade Cash Network Member acknowledges that
Trade Cash Network has no responsibility to pay any tax on their behalf;
(f) not to use the name or any trade mark of Trade Cash Network, except in a manner approved by
Trade Cash Network.
(g) when their Trading Account is in debit to accept all orders.
(h) when their Trading Account is in credit to accept all orders up to their agreed Trade Pledge level. Trade Cash Network Members may optionally choose to
accept orders in excess of their Trade Pledge Limit but are not obligated to do so.
(i) not to inflate prices when payment is offered in Trade Cash. A Trade Cash Network Member will be charged the same amount whether paying in Cash or Trade Cash.
(j) Trade Cash Network does not guarantee the availability of goods and services from Trade Cash Network Members as such availability is determined by the Trade Cash Network Members themselves.
(k) Everytime a Member logs in to the Trade Cash Network Website using their Member ID and Security Pin, they are confirming their acceptance of these terms and conditions.
9 LIABILITY
9.1 All liability of any kind of Trade Cash Network to any Trade Cash Network Member with respect to the services provided by it are excluded to the fullest extent permitted by law.
10 ENTIRE AGREEMENT
10.1 These Terms contain all of the terms relating to each Trade Cash Network Member's participation in the Exchange.
11 WAIVER
11.1 No exercise or failure to exercise or delay in exercising any right or remedy by
Trade Cash Network will constitute a waiver by Trade Cash Network of that or any other right or remedy available to it.
12 CONFIDENTIALITY AND PUBLICITY
12.1 Confidentiality: Each Trade Cash Network Member undertakes to keep any information that it learns about
Trade Cash Network or its business or the business of any other Trade Cash Network Member confidential, except that this undertaking will not apply to disclosures made:
(a) in good faith and in proper furtherance of arrangements connected with the Exchange; or
(b) to their professional advisers; or
(c) of information already in the public domain.
12.2 Membership Directory: Each Trade Cash Network Member acknowledges the confidentiality of the
Trade Cash Network membership directory and undertakes not to disclose the contents of same. It is acknowledged by the Trade Cash Network Member that such disclosure would be commercially damaging to the
Trade Cash Network and such disclosure may result in a legal claim for substantial damages.
12.3 Publicity: Each Trade Cash Network Member acknowledges that its contact details will be included in the online membership directory published by
Trade Cash Network.
13 PRIVACY
13.1 Trade Cash Network will treat information regarding Trade Cash Network Members in accordance with
Trade Cash Network Privacy Policy.
14 SUSPENSION
14.1 Trade Cash Network may suspend a Trade Cash Network Member's ability to engage in Transactions if:
(a) the Trade Cash Network Member has failed to pay any charges or the sum due under these Terms within 10 days of the due date; or
(b) Trade Cash Network reasonably believes that the Trade Cash Network Member has breached any of its obligations under these Terms.
14.2 Any suspension under clause 14.1(a) will be lifted when all arrears are paid. Any suspension under clause 14.1(b) will be lifted when
Trade Cash Network is reasonably satisfied that no breach has occurred, or that any breach, which did occur, has been rectified.
15 TERMINATION OF MEMBERSHIP
15.1 Termination on notice: A Trade Cash Network Member may cease to be a Trade Cash Network Member by giving 28 working days written notice to
Trade Cash Network. Trade Cash Network may terminate a Trade Cash Network Member's membership by giving 28 working days written notice to the Trade Cash Network Member.
15.2 Termination by Trade Cash Network on default: Trade Cash Network may terminate a Trade Cash Network Member's membership with immediate effect by giving written notice to the Trade Cash Network Member:
(a) if the Trade Cash Network Member commits any material breach of these Terms; or
(b) if the Trade Cash Network Member becomes insolvent, or a receiver or manager of any asset of the Trade Cash Network Member is appointed, or an order made or resolution passed for the liquidation of the Trade Cash Network Member.
16 CONSEQUENCES OF TERMINATION
16.1 Upon termination of a Trade Cash Network Member's membership for any reason the Trade Cash Network Member must immediately pay to
Trade Cash Network:
(a) the cash equivalent of any debit balance in the Trade Cash Network Member's Trading Account; and
(b) all charges which have accrued in accordance with clause 7.
16.2 If Trade Cash Network reasonably believes that the Trade Cash Network Member is unable to pay their cash fees and/or that the Trade Cash Network Member may be insolvent
Trade Cash Network reserves the right to seize stock, goods, fittings and fixtures to the value of all fees PLUS the contents of the Trade Cash Network Member's Trading Account.
Trade Cash Network can seize these goods immediately upon termination of the Trade Cash Network Member's Account. For the purpose of seizing goods these shall be:
(a) Valued at wholesale price.
(b) Trade Cash Network shall return said goods only on the condition that the Trade Cash Network Member meets their obligations as defined in 16.1 (a) and 16.1 (b)
16.3 Trade Cash Network may add the reasonable cost of recovery of any debts that require the assistance of a 3rd party debt collection agency to collect, to the total amount payable to
Trade Cash Network.
17 TERMINATION OF THE EXCHANGE
17.1 If for any reason the Exchange ceases to operate each Trade Cash Network Member, which has a debit balance in its Trading Account, must immediately pay to
Trade Cash Network the cash equivalent of that debit balance. Any payments made pursuant to this clause will be held in trust by
Trade Cash Network and will be distributed (less expenses) pro-rata among the Trade Cash Network Members with credit balances in their Trading Accounts.
Trade Cash Network shall not be liable for any payments beyond the scope of such funds.
17.2 Cessation of the Exchange's operations does not release any Trade Cash Network Member from liability to make any payment due to
Trade Cash Network at the time the Exchange's operations cease.
18 VAT / SALES TAXES
18.1 Transactions between Trade Cash Network Members shall be treated for tax purposes in the
same way as cash transactions. Trade Cash Network is not responsible for the payment of any taxes owed by Trade Cash Network Members.
19 ASSIGNMENT
19.1 No Trade Cash Network Member may assign its rights under these Terms. Trade Cash Network may by giving notice to Trade Cash Network Members assign its rights under these Terms.
20 PARTIAL INVALIDITY
20.1 If any provision of these Terms or its application to any party or circumstance is or becomes invalid or unenforceable to any extent, the remainder of these Terms and their application will not be affected and will remain enforceable to the greatest extent permitted by law.
21 THIRD PARTIES
21.1 Nothing in these Terms is intended to confer a benefit upon anyone other than
Trade Cash Network and the Trade Cash Network Member.
22 NOTICES
22.1 Service of notices: Any notice given pursuant to these Terms will be deemed to be validly given:
(a) in the case of a notice to Trade Cash Network, when delivered by email to legal@tradecashnetwork.com;
(b) in the case of a notice to a Trade Cash Network Member, when sent to the email address listed in Trade Cash Network records as the email address of that Trade Cash Network Member.
23 INTERPRETATION
23.1 Definitions: In these Terms unless the context otherwise requires:
Default Rate means 2.5% per week or part thereof;
Exchange means the trade exchange known as Trade Cash Network Trade Exchange, which was established by (and is operated by)
Trade Cash Network;
Trade Cash Network Member means a person who has applied to become a Member of the Exchange and whose application Trade Cash Network has accepted;
Trade Cash Network Website is www.tradecashnetwork.com;
Trade Cash Network means Trade Cash Network (UK) Ltd, a
company registered in United Kingdom, company number 7522894, whose registered office is Level 7 Tower 42, 25 Old Broad Street, London, United Kingdom EC2N 1HN;
Terms means these Terms and Conditions of Membership of
Trade Cash Network Trade Exchange;
Transaction means the supply of goods and or services from one Trade Cash Network Member to another made through the Exchange in accordance with these Terms;
Working day means a day (other than Saturday or Sunday) on which registered banks are normally open for business in the Members country and
Trade Pledge means the amount of goods and services the Trade Cash Network Member is prepared to supply in excess of their purchases at any one time.
Cash Account means a cash deposit account held with the Trade Cash Network for the payment of cash fees.
23.2 General construction: In interpreting these Terms the following rules must be applied unless the context otherwise requires:
(a) Headings to clauses are for reference only and are not an aid in interpretation.
(b) References to statutory provisions will be construed as references to those provisions as they may be amended or re-enacted or as their application is modified by other provisions from time to time.
(c) References to clauses are to clauses of these Terms.
(d) Any date which is not a working day, upon or by which anything is due to be done by any party, will be deemed to be a reference to the next working day.
(e) Words importing the plural include the singular and vice versa and words importing gender import all genders.
(f) Any obligation not to do something will be deemed to include an obligation not to suffer, permit or cause that thing to be done.
(g) This contract shall be governed by the laws of the United Kingdom, and is subject to the non-exclusive jurisdiction of the English courts.
