Blue Mountains Community Exchange
Terms & Conditions of Use

BLUE MOUNTAINS COMMUNITY EXCHANGE

Blue Mountains Community Exchange utilises the online accounting and administration system of Community Exchange System (CES) in order to facilitate trading and maintain records of that trading.

BMCE is similar to but has distinct differences from a LETS scheme.

BMCE has been initiated in the Blue Mountains by a few individuals to promote exchange between people using a complementary currency – called an EMU.

The BMCE administration has been kept as simple as possible to minimise organisational infrastructure, while providing clear guidelines for trading conduct.

Before joining the BMCE, you need to agree to be bound by the Rules of Trade and Participation below. These are put in place to uphold common sense standards and avoid problems.

Most of the rules are just common sense but you are advised at least read the 12 guidelines and to take note of 1.1.2 (Below) - THAT OFFERINGS ARE TO BE IN EMUS ONLY EXCEPT FOR COSTS WHICH MAY BE IN DOLLARS

Happy Trading!

BMCE GUIDELINES

1. When you click the “Join” link below you’ll be asked to enter your contact details and up to three items or services you’d like to offer to BMCE members. Your registration will be sent to an administrator for approval.
2. Upon receipt of your membership application you will be allocated a Member number and an account will be set up in your name on the CES (operating) system. Account details and detailed instructions will be emailed to you.
3. It is the responsibility of a new BMCE member to take up the correct procedures for trading – for more details, please read the CES website and download the CES Manual. For step-by-step instructions, see Getting Started.
   
   Basic procedure:
   
   
   1. To start trading click on OFFERINGS or WANTS to view all the goods and services on offer, or being requested by other traders.
   2. When you find something of interest simply contact another member by clicking “Email Member” to the right of the WANT or OFFER. You may need to swap a few emails to confirm price and delivery arrangements.
   3. The seller is responsible for entering the trade into the CES system. The buyer's account will be debited and the seller's account will be credited.
   4. The buyer is sent a record of the transaction and may dispute the transaction if there is an error.
   5. Repeat ad infinitum.
      
      
4. To negotiate a fair trade with other members.

5. To keep your personal contact details, offerings and wants updated.

6. To enter transactions as soon as possible after a transaction takes place. If you don’t have the means to do it yourself, get another user to do it for you or provide the details to a co-ordinator or the administration.
7. To regularly review your offerings and ensure they provide sufficient information for others to trade with you.

8. To actively promote your offerings if your account balance is a large commitment amount and remains there for a period of more than one month.

9. To make every effort to keep your balance within the limits prescribed or suggested by the administration.

10. To advise the administration if you want to de-register or move from one exchange to another.

11. To make every reasonable effort to bring my account to a zero balance before leaving the system and to contribute in cash or Emus to clear your account if you should de-register or if your account becomes stale.
12. You nominate your email address as used on the exchange as the address at which you choose to receive communications and notices.

1. RULES OF TRADE AND PARTICIPATION

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 EMU–BASED EXCHANGES.

1.2.1 An EMU is the symbol of energy transferred between members. Members shall be willing to trade in EMUS.

1.2.2 An account-holder may not use the facilities of the CES (Community Exchange System) for advertising Dollar-based offerings. Trades may be advertised and effected for EMUS only (except for materials).

1.2.3 Members will transfer EMUS from one members account to that of another only on the authority of the member receiving the item/service.

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 can’t make any purchase from the system until they have first advertised whatever goods or services they have to offer.

1.5 ENTRIES

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

1.6 LEVIES

The BMCE or CES administration is authorised to levy charges on members’ accounts in EMUS at a rate determined by the BMCE administration or CES.

1.7 CREDIT LIMITS.

1. All new accounts are created with a balance of zero EMUS
2. Account-holders shall be entitled to begin trading without having a surplus balance and may so incur a commitment balance in their accounts.
3. The administration may set limits to how much accounts can go into commitment and surplus.
4. These limits can be extended in exceptional circumstances with the onus being on members to contact the BMCE administration.

1.8 EXCEEDING LIMITS.

1. It is the responsibility of the seller in each transaction to ensure that the buyer has not exceeded their limits before agreeing to a transaction.
2. The BMCE administration may act on behalf of members in seeking satisfaction from a member whose account is heavily out of balance.

1.9 INTER-EXCHANGE TRADE.

The administrator of the CES shall be entitled to set limits to the amount of surplus that trading exchanges may incur with other exchanges as well as lay down rules governing inter-exchange trading.

1.10 ACCOUNT INFORMATION

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

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.

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

1.12 ONLY ONE ACCOUNT.

Unless otherwise authorised by the administrator, account-holders can only have one account in the system.

1.13 ACCOUNT HOLDERS’ NAMES

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

1.14 STALE ACCOUNTS

1.14.1 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:

1.14.1.1 Any credit balance will be forfeited unless the account-holder brings their account balance back to zero
1.14.1.2 Any debit balance will be immediately due and payable
1.14.1.3 If the debit balance on a stale account is not cleared with EMUS or Dollars within the time allowed by the administrator, the administrator will be entitled to proceed against the account-holder as if the account-holder had exceeded their limits.

1.14.2 An account-holder with a stale account cannot re-apply for an account with the BMCE or the CES until their obligations towards the BMCE or the CES have been met.

1.14.3 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.

1.15 LEAVING AND DE-REGISTERING

If an account-holder wishes to leave the exchange they must apply to the administrator for deregistration of their account. In this case the same rules relating to stale accounts as per Clause 1.14 shall apply.

1.16 SUSPENSION AND TERMINATION

1.16.1 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 BMCE or CES.

1.16.2 The administration shall notify any account-holder if his or her account has been suspended, and the account-holder will have fourteen days to dispute the suspension. If no dispute is declared the administration is then entitled to terminate the account.

1.17 RESERVE FUNDS

1.17.1 If the BMCE administration is unable to recover sufficient Dollars or Emus to cover a stale account, any shortfall may be cleared by debiting a reserve fund established for this purpose.

1.17.2 A portion of all levies charged by the administration will be credited to this reserve fund. The rest will come from the balances of stale and discontinued accounts that are in credit.

1.17.3 If the reserve fund becomes overdrawn the BMCE administration can levy a one-off charge against all accounts in order to square the account.

1.18 CHANGES

The BMCE administration can change the rules from time to time. In such event the applicable rules will be those prevailing at the time of the action or transaction involved.

2. DISCLAIMERS

2.1. All transactions between members are the sole responsibility of those members and no liability to the members of any nature shall be incurred by BMCE or the administration in respect of such a transaction.

2.2 Members who perform a service or provide equipment via the BMCE do so at their own risk.

2.3 No warranty or undertaking as to the value, condition or quality of the items exchanged is expressed or implied by the virtue of introduction of members to one another.

2.4 The only liability of the BMCE administration to any member for any damage suffered by such a member shall be limited to damage caused by wilful default by the BMCE administration.

2.5 While all information on members’ accounts is considered personal and confidential, and only accessible by registered BMCE members, BMCE cannot guarantee confidentiality nor be held liable for breach of it. It is a member’s responsibility to ensure and protect all members’ details by ensuring account and password details remain confidential.

2.6 Account-holders agree to indemnify and hold harmless the CES and the BMCE administration from any incident of loss or damage arising out of the use of the system.

2.7 Accountability of taxes incurred by members is the obligation of those involved in an exchange. BMCE has no obligation nor liability to report to the Australian Taxation Office nor to collect taxes on their behalf.

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