Usage Terms & Conditions

Changes to these Terms & Conditions

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 (in brief)

2.1 The following general rules apply to all users (see full terms below for additional information):

1. This site allows access to classified advertising for current residents of Australia and New Zealand only.
2. You must be 18 years or older to sell items.
3. A requirement of registration is the use of your correct and true details. No aliases or pseudonyms will be accepted. All details marked as "required" need to be provided as part of the registration process. Providing incorrect or misleading information, or removing required information after registration is considered a severe breach of these terms and will attract immediate permanent banning.
4. You may only hold one account with one identity on this site.
5. All listings placed are the responsibility of the person placing the listing.
6. It is the responsibility of the person placing the listing to ensure the information they place in a listing is correct.
7. If you are a seller, you must be legally able to sell the item you are advertising.
8. We define the term "New" as a brand-new, unused, unopened, undamaged item in its original packaging (where packaging is applicable). Packaging should be the same as what is found in a retail store, unless the item is handmade or was packaged by the manufacturer in non-retail packaging, such as an unprinted box or plastic bag.
9. Listings placed in the "used" categories need to genuinely be used items. Listings placed in the "used" categories cannot contain the words "new" or purport to be new using any form of abbreviation or explanation (e.g 'NIB' or 'as new').
10. Do not place prices in the headline.
11. Do not place email or phone contact information in the description.
12. Listings which are designed to carry more than one item (e.g. 'garage sale', or 'clearing the workshop') must contain a specific list of the items being sold. If being sold individually, each item must also carry a price. General requests to "contact for more information" will be rejected as 'canvassing for general business'.
13. Listings may not contain location details for viewing items.
14. You may upload up to four (4) free images with your listing (more depending on the registration type you have selected). The system will automatically resize your images as required.
15. Each listing will expire after one (1) month unless you log in and renew your listing. You will receive a reminder email prior to your listing expiration.
16. You may not place duplicate listings for the same item.
17. Re-submitting a listing more than once per listing term (1 month) is considered gaining unfair advantage. Regularly resubmitted listings will be rejected at the discretion of RCT.
18. Unless otherwise specifically stated in the listing, freight or postage costs are additional to the price of the item as listed. As a suggestion, we recommend the cost of freight or postage is the responsibility of the buyer unless by prior arrangement with the seller.
19. No commercial advertisements or links promoting items on other posts, forums, websites, selling sites or auctions will be permitted without prior arrangement.
20. URL links must only contain links to information directly related to assist the sale of the item in the listing. e.g. build log, manufacturers product page or a user manual. General links to retailers, other classified or auction sites, or other non-related items will be removed.
21. While it is not a breach of the terms to advertise your listing elsewhere, your item must be available for sale to members who contact you via this site. This means you may not forward users to an auction of the item on another site (which precludes you from immediately selling the item to that member).
22. YouTube video links must include only matter directly related to the listing.
23. RCT reserves the right to edit, refuse or remove any listing or part thereof to conform with these rules.

Commercial User Terms & Conditions

2.2 Additional to the terms and conditions for all users, below are listed further terms and conditions for commercial users including users using shopfront subscriptions.

In reference to the use on the RCT aite, commercial users are defined as:

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

Additional Terms for Commercial users:

1. Cost is per listing, per one (1) month period. Renewal after one month will incur another placement cost pro-rata.
2. Commercial users may place "used" & "wanted" category listings free of charge as long as the listings are genuinely "used" or "wanted" items.
3. Commercial users will be limited to the number of listings associated with the registration type they choose.
4. Replacement of content with new content (representing a different item) within the same listing will be considered a new listing (modification of existing content is allowed).
5. Commercial listings must only contain one (1) item per listing (containing one (1) offer and one (1) price).
6. Commercial listings may not contain links to general pages, images that contain logos or general adverts promoting information other than the actual item described.
7. Commercial listings may not canvas for general business or promote the general business or general business services within the listing (except for listings in the "services" category).
8. Commercial users are responsible for the accuracy of their content. Regularly inaccurate or deceptive listings will be removed forfeiting any remaining time allotted.

Club events category usage

2.3 Additional to the terms and conditions for all users, below are listed further terms and conditions for the club events category.

Clubs and associations are defined as:

An incorporated body that as it's charter is involved in the organisation or management of a RC related discipline for it's members.

Additional Terms for the club events category:

1. The club events categories are made available solely for the use of a club or association in the RC discipline.
2. The club events category may only contain information relating to the promotion of club organised events or programs.
3. The club events category may not contain commercial endorsements, links to commercial entities, or contain information for the sole purpose of promoting a product.
4. The club events category may contain sponsor information as long as it does not contain any of the items listed in point (c) above.

Terms & Conditions for all users

RCT Site general rules

3. The RCT Site is an online advertising medium and marketplace which lists items for sale via a traditional "Contact Me" advertising (where potential buyers can browse listings and then purchase items by contacting sellers and negotiating the sale privately).

1. This Site allows for free classified advertising in the "Used & Wanted" categories. Users wishing to place their listings in the "New" categories will be required to make the allotted payment for those listings.
2. This site only allows advertising for Radio Control (RC) and RC related items.
3. This site provides registered members (buyers) with access to other member's (sellers) contact information solely for the purpose of entering into a transaction for the item the seller has listed for sale or swap.

4. RCT is 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 listed for sale or requested for donation by registered individuals. 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, nor the accuracy or truth of any listings on the RCT Site or the ability of sellers and buyers to actually enforce or complete a transaction.

5. You must comply with these Terms when accessing and using the RCT Site.

6. 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.

7. The RCT Site and the material contained on it are supplied solely for reference purposes.

8. 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 listings on the RCT Site for commercial purposes or for commercial gain.

9. 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. 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 listings), 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.

10. We may withdraw or alter any access to this site or 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;
2. we find you have attained access to the site through multiple identities; or
3. we are instructed to do so by an authoritative third party.

Listing rules

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

11.1 In addition, any email address or phone number provided by you for inclusion in a listing must be yours, or you must have permission to use it.

11.2 You must ensure that any email address or phone number contained in your listing is correct and active. You must ensure that your email address is capable of accepting emails from the rctrader.com domain space.

11.3 We reserve the right to modify or refuse any listing in which the name or other content is considered by us:

1. to exceed that necessary to identify the item;
2. to contain HTTP links from the RCT Site to any other website that is not the manufacturers page related to your listing or a page depicting the construction or use of the item e.g. build logs. Links to other auctions, classifieds or general retailers are not allowed;
3. to be designed to secure unfair advantage over other listings or advertisers;
4. designed to evade charges where charges are due; or
5. is not used for normal trading.

12. Where GST or other relevant tax is applicable on any items you advertise the advertised price must be inclusive of that tax.

13. Subject to these Terms, we will use all reasonable endeavours to publish listings in the format submitted by you and in accordance with your placement instructions. However, we make no guarantees or representations regarding placement of your listing or the content of listings grouped with your listing. We also reserve the right to select, edit, condense, determine the duration of, change the nominated "Category" of, withdraw or refuse a listing .

14. We will refuse to publish listings that offer for sale any of the specified items listed in section 9 of these Terms or any item that we reasonably deem to be offensive or inappropriate for publication.

15. You agree that we have an unfettered right to use (in any way we see fit) any copyright subsisting in your listing. In this regard, it is your responsibility to procure any necessary moral rights consents from authors of work you submit as part of your listing.

16. You may cancel or withdraw your listing at any time.

17. We encourage all listings to include 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".

18. You must state the full selling price of the item in a listing in the appropriate sections made available for this purpose in the listing placement form. An listing must not state an alternative selling price in the item description.

19. 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 listing, you must advertise the single item sale price only.
3. If you have multiple items that are different and advertised in the same listing, you will include the price for each individual item in the description.
4. Listings which are designed to carry more than one item (e.g. 'garage sale', or 'clearing the workshop') must contain a specific list within the description of the items being sold. General requests to "contact for more information" will be declined as "canvassing for general business".

20. It is the responsibility of the seller, upon the sale of the item, to modify or remove their listing to ensure that the information on the this RCT Site is updated.

Copyright

21. 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.

Specified Items

22. We do not accept or publish for sale any listings for or containing any items which are prohibited for sale in any part of Australia. In addition, we do not accept or publish for sale any listings 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 listing, you guarantee that:

1. You must be at least 18 years of age to place a listing via the RCT Site.
2. If you are a seller, you must be legally able to sell the item you are advertising.
3. The description of the item listed is a true and genuine description of the item and it's condition at the time the item will be sold.

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. If you are a seller we may contact you to provide certain follow up services designed to assist you to sell items you advertise. The RCT site is not an anonymous site, and registration requires your correct and proper details to be supplied as part of the registration process. Other than personal information which you provide to us for inclusion on the RCT Site (including if you are a seller, for inclusion in your listing), we do not disclose your information to third parties without your prior authorisation or as required by law.

29a. An "RCT" account can be deactivated upon request and all account information and transactions pertaining that account are retained as per legal requirements for a period not more than 7 years. We do not disclose your information to any third parties without your prior authorisation or as required by law.

No Warranty

30. The information 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 listings 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 listings on the RCT Site will be suitable for any particular purpose, or that an seller 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 listed on the RCT Site, and it is your responsibility to verify any information on the RCT Site before relying on it when making a purchase or any decision.

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; or
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 your access to the service immediately).

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 you access to the RCT Site 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 Western Australia, Australia.

Last updated 8th August 2024