General Terms and Conditions
This web-site is intended to be a friendly, enjoyable and useful experience, but as with anything concerning any kind of transactions there are risks involved and we strongly advise you to understand all of these terms before joining. If you spot a listing that you feel is violating the general terms and conditions of this web-site as stated below please let us know by contacting us.
Rights To Suspend or Terminate.
You agree that this web-site, in its own discretion, may terminate any auction or use of the service immediately and without notice if (a) We believe that you are not abiding by the general rules of this web-site
(b) You have repeatedly broken a certain term (c) You have listed a suspicious item (d) We believe you to be a non paying bidder. In most cases when we suspect foul play we will suspend your account/listing whilst we investigate further. If our investigation is conclusive then your account with us will be terminated.
Your Conduct.
You are solely responsible for the contents of your actions through this web-site. You must ensure that your participation in the selling or buying of items does not violate any applicable laws or regulations. By this we mean that you must check that you entitled to sell or buy the relevant item and that you are not prohibited from doing so by any law or regulation.
You must not transmit through the service any unlawful, harassing, libelous, abusive, threatening, harmful, vulgar, obscene or otherwise objectionable material. You must also not transmit any material that encourages conduct that could constitute a criminal offence, give rise to civil liability or otherwise violate any applicable law or regulation.
Membership.
Membership to this web-site is only available to those you can form a legally binding contract. This web-site does not permit minors (under
16) to register. If any member fails to signup with their correct age the account will be terminated immediately.
No spam
We do not tolerate spam
(unsolicited commercial communications). Please set your RCHA
notification preferences so we communicate to you as you prefer. You may
not add other RCHA members, even a user who has purchased an item from
you, to your mailing list (email or physical mail) without their
consent.
You may not use our communication tools to
send spam or otherwise send content that would breach our User
Agreement. We may automatically scan and manually filter email messages
before they are sent via our communication tools for spam, viruses,
phishing attacks and other malicious activity or illegal or prohibited
content, but we do not permanently store such messages. If you send an
email to an email address that is not a registered RCHA email address
belonging to an RCHA member, we do not permanently store that email or
use that email address for any marketing purpose. We do not rent or sell
these email addresses.
Abusing RCHA
RCHA and the RcHeliAddict community work together to keep our sites and services
working properly and the community safe. Please report problems,
offensive content and policy breaches to us.
RCHA aims to ensure that listed items do not infringe upon the
copyright, trademark or other intellectual property rights of third
parties. If you believe that your intellectual property rights have
been infringed, please notify us and we will investigate.
Without limiting other
remedies, we may issue you with warnings, limit, suspend, or terminate
our service and user accounts, restrict or prohibit access to, and your
activities on, our sites (including, without limitation, cancelling bids
and removing listings), delay or remove hosted content, remove any
special status associated with the account reduce or eliminate any discounts, and
take technical and legal steps to keep you off our sites if:
we think that you are creating
problems (including, without limitation, by harassing members or
other users or by making unreasonable legal threats against the RCHA), or
exposing us or another member to financial loss or legal liabilities;
we
think that you are infringing the rights of third parties;
we
think that you are acting inconsistently with the letter or spirit of
this Agreement or our policies;
despite our reasonable
endeavours, we are unable to verify or authenticate any information you
provide to us;
you
earn a net feedback rating of -4.
You agree not to hold RCHA responsible for
any loss you may incur as a result of RCHA taking any of the actions
described above.
Liability
You will not hold RCHA responsible for any loss you may
incur as a result of RCHA taking any of the actions described in the Abusing RCHA section above nor for other users' actions or inactions,
including, without limitation, things they post, items they list or
their destruction of allegedly fake items. You acknowledge that we are
not a traditional auctioneer. Instead, our sites are venues to allow
anyone to offer, sell, and buy just about anything, at anytime, from
anywhere, in a variety of pricing formats and locations, such as stores,
fixed price formats and auction-style formats. At no point do we have
possession of anything listed or sold through RCHA.
We do not review users’ listings or content and
are not involved in the actual transaction between buyers and sellers.
While we may help facilitate the resolution of disputes through various
programmes, we have no control over and do not guarantee the quality,
safety or legality of items advertised, the truth or accuracy of
listings, the truth or accuracy of feedback or other content posted by
users on our sites, the ability of sellers to sell items, the ability of
buyers to pay for items, or that a buyer or seller will actually
complete a transaction or return an item.
Please do not assume that the offer, sale,
purchase, export or import of any item is valid and legal simply because
it is listed on our site.
You accept sole responsibility for the legality
of your actions under laws applying to you and the legality of any items
you list on our site.
Although we use techniques that aim to verify
the accuracy and truth of the information provided by our users, user
verification on the internet is difficult. RCHA cannot and does not
confirm, and is not responsible for ensuring, the accuracy or
truthfulness of users' purported identities or the validity of the
information which they provide to us or post on our sites.
We cannot guarantee continuous or secure access
to our services, and operation of our sites may be interfered with by
numerous factors outside of our control. While we will use our
reasonable endeavours to maintain an uninterrupted service, we cannot
guarantee this and we do not give any promises or warranties (whether
express or implied) about the availability of our services.
We shall not be liable to you in contract, tort (including negligence) or
otherwise for any business losses, such as loss of data, profits,
revenue, business, opportunity, goodwill, reputation or business
interruption or for any losses which are not reasonably foreseeable by
us arising, directly or indirectly, out of your use of or your inability
to use of our sites and services.
Regardless of the
previous paragraphs, if we are found to be liable, our liability to you
or to any third party is limited to the greater of (a) the total fees
(under RCHA Fees and Services) you paid to us in the 12 months prior to
the action giving rise to the liability, and (b) £1.
Some jurisdictions do not allow the disclaimer
of warranties or exclusion of damages, so such disclaimers and
exclusions may not apply to you.
Nothing in this Agreement shall limit or exclude
our liability for fraudulent misrepresentation, for death or personal
injury resulting from our negligence or the negligence of our agents or
employees or for any other liability that cannot be limited or excluded
by law.
Laws.
These Terms of Service shall be governed by and constructed in accordance with the laws of England and Wales and any disputes will be decided only by the Courts of England and Wales.