Barrway Business

Barrway platform terms and conditions

The following terms and conditions are governed by the laws of the Hong Kong SAR. These Terms of Use (including all referenced or linked policies, notices, guidelines, and forms, or those otherwise available on or through the Platform) ("Terms") regulate your use of the websites and mobile applications operated by Barrway Limited (also referred to as "Barrway," "we," or "us") (collectively, the "Platform"). These Terms and conditions govern the relationship between Vendors, Customers and the Platform. Please review these Terms attentively. By accessing and using the Platform, you acknowledge that you have read, understood, and accepted these Terms, and you consent to your personal data being processed as outlined in our Privacy Policy. If you disagree with the Terms, or do not accept them, you should refrain from accessing or using the Platform and the Services. Barrway reserves the right to amend or update these Terms (including any supplementary terms, conditions, or policies published on the Platform and incorporated by reference into these Terms) at any time. It is highly recommended that you review these Terms periodically. By continuing to use the Platform after the amended Terms have been posted, you are considered to have accepted the revised Terms.

1. Barrway

Who we are

Barrway is a technology company that offers a platform enabling users to access various types of services. These services may be delivered directly by Barrway or by an independent third-party vendor. In cases where a third-party vendor is involved, Barrway's role is solely to connect the user with this vendor. Barrway is not liable for the actions or failures of any third-party vendor, and responsibility for any issues arising from such services rests with the third-party vendor. It is important to note that these third-party vendorrs are not agents, employees, or staff members of Barrway, and the services they provide should not be considered as being offered by Barrway.

What we do

On our Platform, Barrway connects you with various Vendors so you can book a range of services. When you make a reservation for services through our Vendors, Barrway serves as an intermediary to assist with your booking on behalf of the Vendor.

How to contact us

You can contact us through the contact page on the Barrway website.

2. Definitions

Platform ("Barrway"): Refers to the software as a service (SaaS) platform owned and operated by Barrway, which provides an online interface allowing Vendors to manage bookings, reservations, and payments for Services offered to Customers.

Vendors: Any business entity or individual that subscribes to the Platform to open an online "shop" (or service outlet) where they can offer, manage, and sell services directly to Customers. Vendors are responsible for fulfilling the services booked by Customers through the Platform.

Customer: An individual or entity that uses the Platform to explore, book, and pay for services offered by Vendors. Customers engage with Vendors through the Platform to receive services.

Service: Any task, function, or activity offered and performed by a Vendor for a Customer, which can be booked, scheduled, and paid for via the Platform. This includes but is not limited to consultations, appointments, or any form of professional engagement.

Service Charge: A fee levied by the Platform on each transaction made between a Customer and a Vendor. This charge is calculated as a percentage of the payment made by the Customer for the Service provided.

Subscription Fee: A periodic fee charged to Vendors for using the Platform. This fee grants access to the platform's features and tools necessary for managing their online shop and interacting with Customers.

3. Use of the platform and Barrway account

Account registration

To use the Platform, you must create a Barrway account. During registration, you will be required to provide personal information including a valid email address, mobile phone number, and a unique password. It is crucial that you do not share your unique password with anyone and keep it confidential at all times. You are solely responsible for the security of your password. Except in cases of fraud or abuse for which you are not at fault, you are responsible for all orders made under your Barrway account.

Age restrictions

Our Platform is accessible to users who are at least 13 years old. Users under the age of 13 must have consent from their parent(s) or legal guardian(s), who, by accepting these Terms, agree to take responsibility for the minor’s actions and any charges related to the use of the Platform or purchases made. If you do not have consent from your parent(s) or legal guardian(s), you must cease using the Platform immediately.

Account Termination

If you decide to delete your Barrway account, please reach out to us through the Barrway platform. We reserve the right to restrict, suspend, or terminate your account and/or use of the Platform if we reasonably suspect or find out that you have engaged in any activity or conduct that violates these Terms, our policies, or guidelines, or if you engage in any conduct that we, at our sole discretion, consider to be an abuse of the Platform.

4. Payment

Under the Barrway platform, Vendors may charge fees for participation in services or events. If a Customer intends to make a purchase, the Customer may also need to provide your credit card details depending on the selected payment method. When a Customer pays a fee to a Vendor via Barrway, the Customer authorizes the Vendor (and the Vendor's chosen payment service provider) to charge the designated payment method for the total amount due, including any applicable taxes and charges. Payments to Vendors through Barrway are facilitated by a third-party payment service provider. Refund policies are set by Vendors and any refund issues should be directly resolved between Customers and Vendors. Barrway is not responsible for managing refunds or for the fees associated with payment transactions; these may not be refundable to Vendors.

Subscribe as a Vendor

Upon completing the registration process, Barrway users can become Vendors by subscribing to the Platform with a "company" profile. Each subscription allows for the creation of one or multiple companies, depending on the selected package.

Subscription Fee

Vendors are required to pay a Subscription Fee to access the Platform. This fee recurs regularly—monthly, quarterly, or annually—as chosen during the registration process. Vendors have the option to subscribe by purchasing a plan directly on Barrway.com, or through Platform Representatives in an offline manner. Please note that Subscription Fees are subject to change; any changes will be announced via platform updates or emails in advance. All fees are charged in Hong Kong dollars and company subscriptions are non-transferable. Vendors utilizing our payment gateway to receive payments from participants (Customers) must cover both the payment gateway transaction fees and Barrway transaction fees. Payments from participants are processed and transferred to Vendors after deduction of these fees, on a monthly or quarterly basis. Additionally, Vendors can opt to purchase services such as program modification, setup, and data entry through the Platform. All these services are governed by the terms of the agreement.

Service Offering

Vendors must provide accurate descriptions of their services on the Platform, including any relevant terms, conditions, or restrictions. They are responsible for ensuring that all services booked by Customers are delivered in accordance with the provided descriptions.

Financial Transactions

Payments for services booked via the Platform are processed through the Platform's payment system. The Platform deducts a Service Charge from payments made by Customers before remitting the balance to the Vendor. Payments to Vendors are distributed on a monthly or quarterly basis as agreed during the subscription process. It is important to note that Barrway does not handle the refund process between Vendors and Customers. Vendors are responsible for managing refunds directly with Customers according to their own policies and the terms agreed at the time of booking.

Barrway currently accepts payments via Visa, Mastercard through Stripe, and PayPal. We reserve the right to introduce new payment methods or discontinue existing ones at any time, according to our sole discretion. When you choose an online payment method, the transaction will be processed by our third-party payment service providers. With your consent, your credit card or payment details may be stored by these providers for future transactions. Please note that Barrway does not store your credit card or payment information directly.

Financial Responsibility

Users are required to ensure that your credit and debit cards have sufficient funds to cover the cost of an order. Barrway is responsible for managing payments on our Platform, including handling refunds, chargebacks, cancellations, and resolving disputes, provided these actions are reasonable, justifiable, and in line with our Terms.

5. Data security and ownership

Privacy Compliance

You agree and consent to Barrway and any of its affiliated companies collecting, using, processing, and disclosing your Personal Data in accordance with these Terms and as further detailed in our Privacy Policy.

Vendor Data Ownership

Vendors retain ownership of their Customers’ data. During their subscription period, Vendors can access the data in the Platform and download this data from the Platform, enabling them to maintain records both online and offline.

User Access to Information

All users have access to their booking and payment history on the Platform. If a user's account is terminated—whether by the user themselves or by the Platform—all associated data will become inaccessible to the user.

Post-Subscription Access

Upon the termination of their subscription, Vendors will lose access to the Platform and all data stored within it once the subscription period concludes.

Data Retention

The Platform will retain data belonging to Vendors with expired subscriptions for a period of six calendar months. If Vendors wish to regain access to their data after their subscription has lapsed, they may contact Barrway. However, they will be required to pay the subscription fee covering the period from the date of their unsubscription to the current date.

6. Bug Fixing and Support

For any issues, questions, or bugs encountered while using the Platform, please reach out to us at info@barrway.com for assistance.

7. Activities Prohibited on the Platform

Below is a non-exhaustive list of actions that are illegal or prohibited on the Platform. Barrway reserves the right to investigate and take appropriate legal action against anyone who, in Barrway's sole discretion, engages in any of the prohibited activities. These activities include, but are not limited to:

using the Platform in any way that violates local, state, or federal laws, rules, or regulations, or for any false, deceptive, misleading, or fraudulent purposes;

sharing any content that violates the intellectual property rights, privacy rights, publicity rights, trade secret rights, or any other rights of any party;

posting content that is unlawful, obscene, defamatory, threatening, harassing, abusive, slanderous, hateful, or embarrassing to any other person or entity as determined by Barrway in its sole discretion or according to local community standards;

sharing content that constitutes cyber-bullying, as determined by Barrway in its sole discretion;

sharing content that shows any dangerous, life-threatening, or otherwise risky behavior;
sharing phone numbers, addresses, other information of any person, without their consent;

posting any form of HTML or programming code, without the content of Barrway;

publishing anything that may be considered “spam,” as determined by Barrway in its sole discretion;

impersonating another person while posting content;

collecting or harvesting information about others, including email addresses, without their consent;

harassing, threatening, stalking, or abusing any person on the Platform;

engaging in any other activity that restricts or inhibits anyone else's use or enjoyment of the Platform, or which, in the sole discretion of Barrway, exposes Barrway or any of its customers, suppliers, or any other parties to any liability or detriment of any type;

encouraging others to engage in any prohibited activities as described above.

Barrway reserves the right, but is not obligated, to do any or all of the following:

investigate any allegation that content posted on the Platform does not adhere to these Terms and decide in its sole discretion whether to remove or request the removal of the content;

remove content that is abusive, illegal, or disruptive, or that otherwise fails to conform with these Terms;

suspend or terminate a user’s access to the Platform or their Barrway Account upon any breach of these Terms;

monitor, edit, or disclose any content on the Platform; and

edit or delete any content posted on the Platform, regardless of whether such content violates these standards.

8. Restrictions on Service Provision

Restricted Services

Certain services offered on the Barrway Platform fall under the category of "Restricted Services" due to legal constraints specific to the jurisdiction in which they are provided. These include, but are not limited to, services involving the sale and delivery of alcohol, tobacco products, and any other items that local laws may deem restricted. Service providers must comply with all current legal standards, including minimum age requirements and other relevant regulations.

Alcohol and Alcoholic Products

To offer services related to the sale and delivery of alcohol ("Alcohol"), service providers must ensure that customers meet the legal age requirement:

Service providers are required to verify the age of customers by requesting valid identification (e.g., ID card) before completing service involving Alcohol.

Service providers reserve the right to refuse the provision of Alcohol-related services if the customer fails to provide satisfactory proof of legal age.

Service providers may refuse to provide Alcohol-related services to any individual at their discretion.

Cigarettes and Tobacco Products

The offering of services related to the sale and delivery of cigarettes or tobacco products ("Tobacco") is subject to the following conditions:

8.3.1 Tobacco-related services are only offered in jurisdictions where it is legally permissible. Barrway does not endorse, promote, or encourage the purchase or use of Tobacco through its Platform.

Customers must meet the statutory age requirement to receive Tobacco-related services. Service providers are obligated to:

Request valid proof of age (e.g., ID card) before providing any Tobacco-related services.

Refuse service if the customer cannot validate their age legally.

Refuse service to any person for any reason deemed necessary

Prohibition Under Law

Any service related to the sale and delivery of Alcohol and Tobacco is void where prohibited by law. Vendors are prohibited from offering or performing any services that involve the sale or distribution of illegal items or services, including but not limited to narcotics, illegal weapons, or services that are inherently illegal such as smuggling or fraud. Compliance with all local laws and regulations is mandatory, and failure to comply will result in penalties including but not limited to suspension or termination of the service provider’s ability to use the Barrway Platform.

9. Intellectual Property

All trademarks, logos, images, and service marks, including these Terms as displayed on the Platform or in our marketing material, whether registered or unregistered, are the intellectual property of Barrway and/or third parties who have authorized us with the use (collectively the “Trademarks”). You may not use, copy, reproduce, republish, upload, post, transmit, distribute, or modify these Trademarks in any way without our prior express written consent. The use of the Trademarks on any other website not approved by us is strictly prohibited. Barrway will aggressively enforce its intellectual property rights to the fullest extent of the law, including criminal prosecution. Barrway neither warrants nor represents that your use of materials displayed on the Platform will not infringe rights of third parties not owned by or affiliated with Barrway. Use of any materials on the Platform is at your own risk.

10. Vouchers, Discounts, Promotions, and Gift Cards

Promotional Campaigns

Barrway occasionally initiates marketing and promotional campaigns that offer voucher codes, discounts, and other promotional offers for use on our Platform (collectively referred to as "Vouchers"). These Vouchers are subject to specific validity and redemption periods, restrictions on use, and may be limited in quantity or availability. Unless explicitly stated otherwise, Vouchers are intended for use exclusively on the Barrway Platform.

Use Restrictions

Vouchers may not be valid in conjunction with other promotions, discounts, or additional vouchers. Furthermore, specific terms and conditions may apply to Vouchers, including those that are vendor-specific.

Non-Transferable Vouchers

Vouchers are non-transferable, non-exchangeable, non-refundable, and cannot be converted into cash.

Modifications and Withdrawals

Barrway reserves the right to withdraw, amend, or modify the terms and conditions applicable to Vouchers at any time without prior notice. We also retain the right to void, discontinue, or reject the use of any Voucher at our discretion, without prior notification.

Discretionary Rights

At its sole and absolute discretion, Barrway may choose to forfeit, exclude, disqualify, or deny any user or Vendor the use of Vouchers at any time, without providing prior notice.

11. Representations, Warranties, and Limitation of Liabilities

Representations and Warranties

You acknowledge and agree that all content on the Barrway Platform is provided "as is" and "as available," and that your use of or reliance on the Platform and any content, goods, products, or services accessed or obtained through it is at your own risk and discretion. Images and photographs of goods on the Platform are for illustrative purposes only and may not precisely represent the actual goods.
Barrway strives to ensure that the Platform and the services we offer are consistently available, but we do not guarantee that the service will be secure, timely, uninterrupted, or free of errors, technical difficulties, defects, or viruses. You should expect occasional interruptions due to scheduled maintenance, internet or communication issues, or unforeseen circumstances such as events of force majeure.

Limitation of Liability

11.2.1 To the extent permitted by law, Barrway (which includes its employees, directors, agents, representatives, affiliates, and parent company) excludes all liability for loss or damage that you or any third party may incur in connection with our Platform, our services, and any website linked to our Platform. Your sole remedy in relation to the use of the Platform is to discontinue its use. Barrway and its associated entities will not be liable for any indirect, special, incidental, consequential, or exemplary damages arising from your use of the Platform or any related claims, regardless of the form of action. These exclusions include, without limitation, damages for lost profits, lost data, loss of goodwill, work stoppage, computer failure, or malfunction, or any other commercial losses or damages, even if advised of the possibility of such damages. Where some jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages, the liability of Barrway, its agents, representatives, and service providers is limited to the extent permitted by law. Any claims against Barrway by you are limited to the aggregate amounts paid by you during the event giving rise to such claims, unless otherwise stated and to the fullest extent allowed by law.

Barrway is not a party to, nor involved in, any disputes or negotiations of disputes between you and any third parties, including Vendors, advertisers, or sponsors. The responsibility for decisions made regarding services and/or products offered via the Platform rests solely with you. You expressly waive and release Barrway from any and all liability, claims, causes of action, or damages arising from your use of the service or the Platform, or related to any third parties introduced to you through the service or the Platform.

12. Vendor’s Representations and Liability

Barrway shall not be liable for actions or omissions of the Vendor nor you regarding the provision of the Services and/or Goods. Barrway does not assume any liability for the quantity, quality, condition, or other representations of the Services and/or Goods provided by Vendors nor does it guarantee the accuracy or completeness of the information displayed on the Vendor’s listing/offering on the Platform. Nothing in these Terms shall exclude Vendor’s liability for death or personal injury arising from the Vendor’s gross negligence or willful misconduct. Where applicable, Barrway’s role as a payment collection agent is solely mechanical and administrative in nature, and Barrway does not owe to you a duty of care or any fiduciary duties.

Vendors are solely accountable for the preparation, condition, and quality of Services and/or Goods provided to you. Barrway is not responsible or liable for any loss, damage, expenses, costs, or fees that may arise from your contractual relationship with the Vendor.

13. Internet delays

The Service and Platform may experience limitations, delays, and other issues commonly associated with internet and electronic communications, including problems such as your device or the third party provider's device being faulty, disconnected, out of range, switched off, or malfunctioning. Barrway is not responsible for any delays, failures in delivery, damages, or losses resulting from such issues.

14. Indemnity

You agree to indemnify, defend, and hold harmless Barrway and its directors, officers, employees, representatives, agents, and affiliates from any and all third party actions, claims, liabilities, damages, penalties, and/or costs (including, but not limited to, legal fees) arising from or related to your:

use of the Platform;

use of the Services; or

breach of these Terms.

15. Third Party Links and Websites

The Platform may feature links to third-party products, websites, services, and offers. By engaging with these third-party links, you acknowledge and agree to do so at your own risk. These links lead to products, websites, and services that are not owned or controlled by us. Barrway does not exercise control over, nor does it endorse, these third-party websites or links. Consequently, Barrway is not responsible for the content, functionality, security, services, privacy policies, or other practices of these linked third-party pages. We accept no liability or responsibility for any loss or damage that you may incur as a result of your access to and use of these third-party links and websites.