Usage Terms & Conditions

Changes to these Terms

1.  From time to time, we may need to change these Terms to reflect our changing business. We may also need to change these Terms if we are required by law, for security reasons or for technical or infrastructure reasons.

2.  We may change the Terms at any time by posting the changed Terms on the RC Trader (RCT) Site and by posting a notice to users on our homepage stating that a change has occurred.

Usage rules (a brief overview)

2.1 The following general rules apply to all users:

1. This Site allows for classified advertising to residents of the specified countries in the home page.
2. You must be 18 years or older to sell items.
3. A requirement of registration is the use of your correct details. No alias' or pseudonyms will be accepted.
4. All advertisements placed are the responsibility of the person placing the advert.
5. If you are a seller, you must be legally able to sell the item you are advertising.
6. Ads placed in the "used" categories need to genuinely be used items.
7. Ads placed in the "used" categories cannot contain the words "new" in the headline or proport to be new in the description.
8. RCT has the right to edit any listing to conform with these rules.
9. Do not place prices in the headline.
10. You may not place duplicate ads for the same item.
11. You may upload up to five (5) free images with your advertisement. The system will automatically resize your images as required.
12. Each ad will expire after three (3) months unless you log in and renew your advertisement. You will receive a reminder email prior to your ad expiration.
13. Unless stated otherwise in the advertisement, freight or postage costs are additional to the price of the item as stated in the ad. As a rule we recommend the cost of freight or postage is the responsibility of the buyer unless by prior arrangement with the seller.
14. NO commercial advertisements or links promoting items on other posts/forums/websites or auctions will be permitted without prior arrangement.

Commercial User Terms & Condirions

Additional to the terms and conditions for all users, below are listed further terms and conditions for commercial users.

Commercial users are defined as:

A company, organisation or an individual "trading as" that has a commercial interest in the selling of products to the RC community.

Additional Terms for Commercial users:

1. Commercial users who wish to place ads in the "New" categories will be charged per advert placement. Ads in the "New" categories.
2. Cost is per ad, per three (3) month period (or sooner if selected). Renewal after three months will incur another placement cost pro rata.
3. Commercial users may place "used & wanted" category ads free of charge as long as the ads are genuinely used or wanted items.
4. Commercial users will be limited to 10 adverts at any one time. Replacement of content with new content within the same advert will be considered a new advertisement (modification of content is allowed).
5. Commercial ads may only contain one (1) item per advert (or one (1) offer containing one (1) price).
6. Commercial ads may not contain links, images that contain logos or general adverts promoting information other then the item described.
7. Commercial ads may not canvas for general business.
8. Commercial users are responsible for the accuracy of their content. Regularly inaccurate or deceptive ads will be banned forfeiting any remaining time allotted.

Terms & Conditions for all users

RCT Site

3.  The RCT Site is an online advertising medium and marketplace that both advertises items for sale via traditional "Contact Me" advertising (where potential buyers can browse listings and then purchase items by contacting sellers and negotiating the sale privately) and also enables registered sellers and buyers to enter into transactions with each other on-line via the RCT Site.

1. This Site allows for free classified advertising in the "Used & Wanted" categories. Users wishing to place their ads in the "New" categories will be required to make the alloted payment for those ads.
2. This site only allows advertising for Radio Control (RC) and RC related items.

4. We are not involved in the actual transaction between sellers and buyers, or between requesting organisation and provider. We are merely a passive conduit for the on-line distribution and publication of information about items advertised for sale or requested for donation. As a result, we have no control over and, to the extent permitted by law, make no warranties in relation to, the suitability, quality, safety or legality of any items advertised for sale on the RCT Site, the accuracy or truth of any advertising listings on the RCT Site or the ability of sellers and buyers to actually enforce or complete a transaction.

Copyright

5. Copyright in the content on the RCT Site and in the RCT Site itself (as a compilation of information) is owned by us, our advertisers or content suppliers.

Usage rules

6. You must comply with these Terms when accessing and using the RCT Site.
7. You warrant to us that you will not use the RCT Site for any purpose (including if you are a seller, placing an ad for sale) that is unlawful or prohibited by these Terms.
8. The RCT Site and the material contained on it are supplied solely for reference purposes.
9. You may download and print individual advertising listings from the RCT Site for your own private, non-commercial use. Apart from this, you must not use, reproduce, communicate, publish, or distribute any of the content on the RCT Site, unless this constitutes a fair dealing for the purposes of the Copyright Act 1968 (Cth). In particular, you must not reproduce or use any of the advertising listings on the RCT Site for commercial purposes or for commercial gain.
10. In addition, you must not:

1. data mine or conduct automated searches on the RCT Site or the content on the RCT Site, whether through the use of additional software or otherwise;
2. incorporate any of the content on the RCT Site with any other material, including advertising or
   promotional material;
3. create HTTP links from the RCT Site to any other website on the Internet that is not directly used to illustrate or elaborate the item reffered to in the ad that contains the link. You will not frame or mirror the RCT Site without our prior written consent;
4. use the RCT Site or any facilities available on the RCT Site for any activities, or transmit to or via the RCT Site any information or material (including submitting ads), which:
   1. breach any laws or regulations;
   2. breach these Terms;
   3. infringe a third party's rights (including intellectual property rights, rights of privacy or their trade secrets);
   4. are inappropriate, offensive, obscene, threatening, indecent, inflammatory, pornographic, defamatory or confidential;
   5. are false or misleading;
   6. are discriminatory in breach of State or Commonwealth anti-discrimination legislation; or
   7. identify a person or which can be used to identify a person (including any copy, photos or other pictorial representations) unless you have obtained that person's authority;
5. use the RCT Site or any facilities available on the RCT Site to defame, harass, threaten, menace or offend any person;
6. tamper with, hinder the operation of, or make unauthorised modifications to the RCT Site or any content on the RCT Site;
7. knowingly transmit any virus, worm, Trojan horse or other disabling feature to or via the RCT Site;
8. use the RCT Site to send commercial, unsolicited or bulk electronic messages to anyone or in any other way which would constitute an infringement of the Spam Act 2003 (Cth); or
9. attempt to do, or permit another person to do, any of the above acts.

11. We may withdraw or alter any material you provide us if:

1. we reasonably consider it is inappropriate, offensive, misleading or deceptive, defamatory, incorrect or in any other way in breach of these Terms, the Guidelines, any law or third party rights; or
2. we are instructed to do so by an authoritive third party.

We will advise you if we do this if you are a seller and we withdraw or alter your ad.

Advertising rules

12. Your ad may only include text descriptions, graphics, pictures and other content relevant to the sale of that item.

12.1 In addition, any email address or phone number provided by you for listing in an ad must be yours, or you must have permission to use it. You must ensure that any email address or phone number listed in your ad is correct. We reserve the right to modify or refuse any ad in which the name or other text that is considered by us:

1. to exceed that necessary to identify the item;
2. to be designed to secure unfair advantage over other ads or advertisers;
3. designed to evade charges where charges are due; or
4. is not used for normal trading.

13. Where GST or other relavant tax is applicable on any items you advertise the advertised price must be inclusive of that tax.
14. Subject to these Terms, we will use our reasonable endeavours to publish ads in the format submitted by you and in accordance with your placement instructions. However, we make no guarantees or representations regarding placement of your ad or the content of ads grouped with your ad . We also reserve the right to select, edit, condense, determine the duration of, change the nominated "Category" of, withdraw or refuse an ad .
15. We will refuse to publish ads that offer for sale any of the specified items listed in section 10 of these Terms or any item that we reasonably deem to be offensive or inappropriate for publication.
16. You agree that we have an unfettered right to use (in any way we see fit) any copyright subsisting in your ad. In this regard, it is your responsibility to procure any necessary moral rights consents from authors of work you submit as part of your ad.
17. You may cancel or withdraw your ad at any time.
18. It is your responsibility to notify us upon the sale of the item in your ad to ensure that the ad is removed from this RCT Site.
19. We encourage all ads to list a sale price that is based on the Fair Market Value of the item being sold. The Fair Market Value of a particular item is governed by the principles of supply and demand. If an item is in short supply and there is a high demand, the Fair Market Value increases in favour of the seller - producing a "Seller's Market". If an item is in plentiful supply with little demand, the Fair Market Value reduces in favour of the buyer - resulting in a "Buyer's Market".
20. You must state the full selling price of the item in an ad in the appropriate sections made available for this purpose in the ad placement form. An ad must not state an alternative selling price in the item description.
21. Multiple Items

1. Every item must have only one advertised selling price.
2. In the event that you are offering multiples of exactly the same item for individual sale in a single ad, you must advertise the single item sale price only.
3. If you have multiple items that are different and advertised in the same ad, you will include the price for each individual item in the description.

Specified Items

22. We do not accept or publish for sale any ads for or containing any items which are prohibited for sale in any part of Australia, UK or the USA. In addition, we do not accept or publish for sale any ads for or containing any items that are listed in the Table of Prohibited Content.

 

Minimum Age and Legal Rights to Sell.

23. By placing your ad, you guarantee that:

a. You must be at least 18 years of age to place an ad with us, buy an item via the RCT Site.
b. If you are a seller, you must be legally able to sell the item you are advertising.

Other websites

24. The RCT Site may contain links to other websites which are not maintained or controlled by us or our related companies ("third party site"). Third party sites are not part of the RCT Site. These links are provided by us solely for your convenience.
25. We make no representations or warranties whatsoever about any third party site. We do not endorse, and accept no responsibility for, the content or use of any third party site. If you link to any third party site, you leave the RCT Site and do so entirely at your own risk.

Access to RCT Site outside Australia

26. We do not represent or warrant that the content on the RCT Site complies with the laws of any country outside of Australia. If you access the RCT Site from outside Australia, you do so at your own risk.

No offer where illegality arises

27. Nothing on the RCT Site constitutes an offer to provide goods or services in any jurisdiction if to do so would contravene the laws of that jurisdiction.

Privacy

28. We collect, use and disclose personal information in accordance with our Privacy Policy.
29. We need to collect certain personal information from you in order for you to register as a seller or buyer and obtain a "RCT" account, and if you are a seller we may contact you to provide certain follow up services designed to assist you to sell items you advertise. If you do not send us the information we require, we will not be able to accept your registration. Other than personal information which you send to us for inclusion on the RCT Site (including if you are a seller, for inclusion in your ad ), we do not disclose your information to third parties without your prior authorisation.

No Warranty

30. The information in our publications and on the RCT Site is provided 'as is' and we do not warrant or represent that it is complete, current or free from errors or omissions.
31. We provide our services with reasonable care and skill and endeavour to ensure availability of our services and access to the RCT Site. However, availability of our services and access to the RCT Site may be interfered with by numerous factors, including those outside our control (such as malfunction in equipment or software, Internet access difficulties, or delay or failure of transmission). Accordingly, we do not warrant or represent that our services and/or your access to the RCT Site will be continuous, uninterrupted, timely, fault free, virus free or secure.
32. We accept ads in good faith on the basis of warranties provided by each advertiser. We do not warrant or represent that the products or services advertised in ads on the RCT Site,  will be suitable for any particular purpose, or that an advertiser has any particular qualifications or is legally entitled to carry on a particular business. You must investigate for yourself the suitability, quality and condition of any goods or services advertised on the RCT Site, and it is your responsibility to verify any information on the RCT Site before relying on it.

Our liability to you

33. The terms that apply to our supply of the RCT Site are those that are set out in this document and those implied by consumer protection laws to the supply of this service that are unable to be excluded. No other terms apply.
34. We accept our liability to you for breach of contract or negligence under the principles applied by the courts, but:

1. we do not accept liability to you for losses that result from your use of our services in connection with the conduct of a business. However, we will accept that liability if it cannot be excluded under any legislation. If that liability cannot be excluded but can be limited under any legislation, we limit our liability to re-supplying, repairing or replacing the relevant goods or services (or payment of the cost of re-supply, repair or replacement) where it is fair and reasonable to do so;
2. we are not liable for any loss to the extent that it is caused by you (for example, through your negligence or breach of contract);
3. we are not liable for any loss to the extent that it results from your failure to take reasonable steps to avoid or minimise your loss; and
4. we are not liable for any loss caused by us failing to comply with our obligations to you where that loss is caused by events outside our reasonable control (such as a malfunction in equipment or software, Internet access difficulties or delay or failure of transmission).

Your liability to us

35. You are liable to us for breach of contract or negligence under the principles applied by the courts. However, you are not liable to us for any loss to the extent that it is caused by us (for example through our negligence or breach of contract).
36. You agree to indemnify us and our officers, employees and agents, against all claims, demands, damages, costs, penalties and liabilities caused by your breach of these Terms.

Termination, suspension and limitation of your access - material breach by you

37. We may bar, suspend, terminate or limit your access to the RCT Site at any time if:

1. you are in material breach of these Terms; and
2. we have told you in writing of your breach and you have failed to remedy it within the specified time frame; or
3. the breach is something which cannot be remedied (in which case we can cancel the service immediately by telling you).

Our other rights to terminate, suspend or limit your access

38. We may suspend, terminate or limit your access to the RCT Site with as much warning as we reasonably can, if:

a. we reasonably believe that there is a real risk of loss or damage to us or another if we do not suspend, terminate or limit your access to the RCT Site (including credit risk resulting from you not paying any fees owed to us on time);
b. the law requires us to do so;
c. we believe on reasonable grounds that providing access to the RCT Site to you is illegal or may become
illegal; or
d. there is an emergency; or
e. we have received a serious complaint or multiple complaints regarding your activity and/or membership.

Agency

39. We and you are independent contractors and no agency, partnership, joint venture or employment relationship is intended or created by these Terms.

Severability

40. If any of these Terms are invalid, unenforceable or illegal, that term will be struck out and the remaining terms will remain in force.

No waiver

41. If we do not act in relation to a particular breach by you of these Terms, this will not be treated as a waiver by us of our right to act with respect to subsequent or similar breaches. If you do not act in relation to a particular breach by us of these Terms, this will not be treated as a waiver by you of your right to act with respect to subsequent or similar breaches.

Governing Law

42. These Terms (and your dealings with us) are subject to the laws of Victoria, Australia .