Welcome to rbcryptobay.com. By using the rbcryptobay.com.com.au website and any related service or tool ("the rbcryptobay.com services"), you agree to the following terms with rbcryptobay.com. If you have any questions, please contact Customer Service.
The entity you are contracting with is:
In this User Agreement, these entities are individually and collectively referred to as "rbcryptobay.com", "we" or "us".
Before using the rbcryptobay.com services, you must read and accept all of the terms in, and linked to, this User Agreement ("Agreement") and the rbcryptobay.com User Privacy Notice. We strongly recommend that, as you read this User Agreement, you also access and read the hyperlinked information. By accepting this User Agreement, you agree that this User Agreement and User Privacy Notice will apply whenever you use the rbcryptobay.com services, or when you use the tools, we make available to interact with the rbcryptobay.com services. If you use an rbcryptobay.com site other than rbcryptobay.com.com.au, you acknowledge that you will need to accept and be bound by the terms of that site. Some rbcryptobay.com services may have additional or other terms that we provide to you when you use those services.
While using the rbcryptobay.com services, you will not:
rbcryptobay.com and its community of users ("the Community") work together to keep our sites and services working properly and the Community safe. Please report problems, offensive content, and policy violations to us.
rbcryptobay.com's Verified Rights Owner (VeRO) Program works 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 violated, please notify our Admin team and we will investigate.
Without limiting other remedies, we may limit, suspend or terminate our service and user accounts, prohibit access to the rbcryptobay.com services, delay or remove hosted content, remove, delete, modify or not display listings, apply fees and/or recover our expenses for policy monitoring and enforcement, and/or take technical and legal steps to keep users off the sites if we think that they are creating problems or possible legal liabilities, infringing the intellectual property rights of third parties or acting inconsistently with the letter or spirit of our policies (for example, and without limitation, policies related to shill bidding, conducting off-rbcryptobay.com transactions, Feedback manipulation, circumventing temporary or permanent suspensions or users who we believe are harassing our employees or other users). Additionally, we may, in appropriate circumstances and at our reasonable discretion, suspend or terminate accounts of users who may be repeat infringers of intellectual property rights of third parties. We also reserve the right to cancel unconfirmed accounts or accounts that have been inactive for a long time, or to modify or discontinue rbcryptobay.com services.
If you are a seller and you offer or reference your contact information or ask a buyer for their contact information in the context of buying or selling outside of rbcryptobay.com, you may be liable to pay a final value fee applicable to that item.
Joining rbcryptobay.com and bidding on listed items is free. We do charge fees for using other services, such as listing items. The fees we charge for using our Services are listed on our fee schedules:
When you list an item or use a service that has a fee, you have an opportunity to review and accept the fees that you will be charged.
We may change our seller fees from time to time by posting the changes on the rbcryptobay.com site 14 days in advance, but with no advance notice required for temporary promotions, new services, or any changes that result in the reduction of fees.
If you are a seller, you are liable for transaction fees arising out of all sales made using some or all rbcryptobay.com services, even if sales terms are finalised or payment is made outside of rbcryptobay.com. In particular, if you offer or reference your contact information or ask a buyer for their contact information in the context of buying or selling outside of rbcryptobay.com, you will be liable to pay a final value fee applicable to that item. Sellers must meet rbcryptobay.com's minimum performance standards. Failure to meet these standards may result in rbcryptobay.com charging you additional fees, and/or limiting, restricting, suspending, or downgrading your seller account.
Unless otherwise stated, all fees are quoted in Australian Dollars. You are responsible for paying all fees and applicable taxes associated with our sites and services in a timely manner with a valid payment method. If your payment method fails or your account is past due, we may collect amounts owed using other collection mechanisms, including charging other payment methods on file with us, retaining collection agencies and legal counsel, using any credits on your account and, for accounts over 180 days past due, requesting that PayPal deduct the amount owed from your PayPal account. In addition, you will be subject to late fees. If your payment method fails, or your account is past due, we may also limit or suspend the services which rbcryptobay.com provides to you, including by not displaying your listings.
When you upload content to the rbcryptobay.com website or otherwise give us content, you grant us a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, sublicensable (through multiple tiers) right to exercise any and all intellectual property rights (including copyright and trademark rights you have in the content, in any media known now or in the future and for any other purpose.
If you are the author of that content, you also irrevocably and unconditionally consent, to the maximum extent permitted by law (either present or future), to rbcryptobay.com and its licensees, contractors, assignees and successors, and their licensees and any other person authorised by any of them (“rbcryptobay.com Authorised Persons”):
(a) disclosing, reproducing, copying, adapting, publishing, performing, exhibiting, communicating, renting, transmitting or otherwise using the content (and any adaptation or part of the content) anywhere in the world:
(i) in whatever form and in whatever circumstances rbcryptobay.com and the rbcryptobay.com Authorised Persons think fit, including adding to or otherwise altering the content (or any adaptation or part of the content); and
(ii) without making any identification of you as the author in relation to the content (or any adaptation or part of the content); and
(b) doing anything or omitting to do anything in relation to the content (or any adaptation or part of the content) anywhere in the world that would otherwise infringe the moral rights, or any similar non-assignable, personal rights, that you might have.
For the convenience of sellers, we may offer catalogues of stock images, descriptions and product specifications that are provided by third parties (including rbcryptobay.com users). You may use catalogue content solely in connection with your rbcryptobay.com listings during the time your listings are on rbcryptobay.com's sites.
While we try to offer reliable data, we cannot promise that the catalogues will always be accurate and up-to-date, and you agree not to hold our catalogue content providers or us responsible for inaccuracies in catalogues. If you choose to include catalogue content in your listings, you continue to be fully responsible for your listings and for ensuring that your listings are accurate, do not include misleading information and comply with this User Agreement and all rbcryptobay.com policies. The catalogues may include copyrighted, trademarked or other proprietary materials. You agree not to remove any copyright, proprietary or identification markings included with the catalogues or create any derivative works based on catalogue content (other than by including them in your listings).
While we strive to maintain a safe trading environment you accept that there are unfortunately sometimes risks when trading online and using our sites, including dealing with underage or fraudulent persons. You will not hold rbcryptobay.com responsible for other users' content, actions or inactions, items they list or their destruction of allegedly fake items. You acknowledge that we are not an auctioneer. Instead, our sites are venues to allow anyone to offer, sell, and buy just about anything, at any time, from anywhere, in a variety of pricing formats and locations, such as Stores, fixed price formats and auction-style formats. We are not involved in the actual transaction between buyers and sellers. We have no control over and do not guarantee the quality, safety or legality of items advertised, the truth or accuracy of users' content or listings, 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. You should consider and use all our suggested safe trading guidelines when trading online, including our safe trading tips for buyers and tips for sellers on avoiding transaction problems.
When you enter a transaction, you create a legally binding contract with another user, unless the item is listed in a category under the Non-binding bid policy. You must ensure that you comply with your obligations to that other member and are aware of any laws relevant to you as a buyer or seller. If another member breaches any obligation to you, you – not rbcryptobay.com – are responsible for enforcing any rights that you may have.
You alone, and not rbcryptobay.com, are responsible for ensuring that your listing, bidding and selling and any other activities conducted on our site are lawful. You must ensure that you comply with all applicable laws in Australia and other countries. You must also ensure that you strictly comply with this Agreement and the policies which form part of the Agreement.
We do not take ownership of the items at any time and do not transfer legal ownership of items from the seller to the buyer. Further, we cannot guarantee continuous or secure access to the rbcryptobay.com services, and their operation may be interfered with by numerous factors outside of our control. Accordingly, to the extent legally permitted, we exclude all implied warranties, terms and conditions. We are not liable for any loss of money, goodwill or reputation, or any special, indirect or consequential damages arising, directly or indirectly, out of your use of or your inability to use the rbcryptobay.com services.
To the extent that rbcryptobay.com can limit the remedies available under this Agreement, rbcryptobay.com expressly limits its liability for breach of a non-excludable statutory guarantee to the following remedies:
If you have a dispute with one or more users, you release us (and our officers, directors, agents, subsidiaries, joint venturers and employees) from claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, arising out of or in any way connected with such disputes.
Without limiting other remedies available to rbcryptobay.com at law, in equity or under this Agreement, we may, without notice to you and in our sole discretion (which shall be exercised reasonably, having regard to the circumstances), delay listing your item, delete your listing, issue you a warning, restrict your activities through our site (including but not limited to buying, selling and posting activities), temporarily suspend, indefinitely suspend or terminate your membership and refuse to provide our services to you, or require you to pay additional fees if:
For security, confidentiality and privacy reasons, we are not obligated to provide you or other members the details of any investigation that we conduct or any action which we take, in relation to your membership or your account other than those that are already provided to you by us.
Buyers can request a return or report that they didn't receive an item from their Purchase history.
If the buyer is requesting to return an item for "change of mind" (or "remorse") reasons, the seller's return policy as stated in the listing will apply – including which party is responsible for return postage costs. Sellers may exercise their discretion to accept or deny a remorse return request if it falls outside their return policy.
If an item is not received or differs significantly from the listing, the rbcryptobay.com Money Back Guarantee policy, which is part of this User Agreement and incorporated by reference, will apply. As stated in the policy, the cost of return postage for an item that is significantly not as described will usually be the seller's responsibility.
Buyers and sellers agree to comply with the rbcryptobay.com Money Back Guarantee policy and Condition of returned items policy and acknowledge that we may automate some aspects of the returns process. You also acknowledge and agree that we may exercise our reasonable discretion to make a final decision on any case – including an item returned for remorse reasons – where a buyer and seller cannot come to agreement. If we resolve a case in the buyer's favour, the seller will be required to issue a full refund to the buyer (including original postage costs), either by automatic reversal of the transaction from the seller's PayPal account, or by reimbursing rbcryptobay.com in cases where we refunded the buyer directly.
As a seller, you authorise and instruct us:
You acknowledge and agree that your authorisations above will or may be made on a recurring basis and on various dates as required by us to facilitate returns on rbcryptobay.com and implement the terms of the rbcryptobay.com Money Back Guarantee policy.
You must have a payment method on file with rbcryptobay.com and you may change this payment method at any time. If you do not provide rbcryptobay.com with a valid payment method, we may collect the outstanding sums using other collection mechanisms, including retaining collection agencies.
We reserve the right to fix any processing errors we discover. We will correct any processing errors by debiting or crediting the payment method used for the rbcryptobay.com Money Back Guarantee refund or reimbursement.
As a buyer, you will be precluded from bringing an rbcryptobay.com Money Back Guarantee claim if you already have made or are making a claim with PayPal in respect of the same transaction. We may suspend the rbcryptobay.com Money Back Guarantee in whole or in part without notice if we suspect abuse or interference with the proper working of the policy, or for commercial reasons.
Certain categories of items are excluded from the rbcryptobay.com Money Back Guarantee, and other conditions apply. Please refer to the rbcryptobay.com Money Back Guarantee policy for more details.
To protect against the risk of liability, rbcryptobay.com may request, and you agree to authorise the request, that PayPal restrict access to funds in a seller's PayPal account based on certain factors, including, but not limited to, selling history, seller performance, returns, riskiness of the listing category or the filing of a case. This may result in PayPal determining to restrict funds in your PayPal account in order to manage PayPal's risk exposure pursuant to PayPal policies.
Click & Collect is an rbcryptobay.com service that allows a person to opt to collect goods they purchase on rbcryptobay.com websites at either:
You must not misrepresent the Click & Collect service as your own service (whether through direct hyperlink, advertising, promotions or any other means) or advertise or promote the Click & Collect service in a manner not approved by rbcryptobay.com in writing.
Click & Collect from Woolworths
For the purposes of the Click & Collect service, Woolworths, like us, is not involved in the actual transaction between buyers and sellers made on rbcryptobay.com.com.au or other rbcryptobay.com websites and has no control over the acts or omissions of users of the rbcryptobay.com services or their agents. Accordingly, to the extent permitted by Law, Woolworths excludes any and all liability (whether in contract, tort, statute, equity or otherwise) arising out of or in connection with the rbcryptobay.com services, including the Click & Collect service, and including any Indirect Loss suffered paid or incurred in connection with the Click & Collect service. "Indirect Loss" means loss of profit, loss of revenue, loss of goodwill, loss of reputation, loss of anticipated savings, loss of opportunity, loss of use and any other loss or damage not arising naturally and according to the usual course of things from the relevant breach, act or omission whether or not such loss or damage may reasonably be supposed to have been in the contemplation of both parties, at the time they made the contract, as the probable result of the relevant breach, act or omission.
If its liability cannot be excluded by law, Woolworths' liability is limited, at its discretion and to the extent permitted by law, to the re-supply of those parts of the Click & Collect service for which it is responsible or to the payment of the cost of re-supplying those services.
rbcryptobay.com enters this clause on behalf of Woolworths as its agent. You agree that Woolworths may enforce this clause directly against you in consideration of it making its retail outlets available to you in connection with the Click & Collect service.
Click & Collect at Parcelpoint
For purchases where you collect your item from a selected retailer within the Parcelpoint network, Parcel point’s End User Terms of Service apply in addition to the terms of this User Agreement.
Collect from the retailer
rbcryptobay.com Plus is an rbcryptobay.com program that allows rbcryptobay.com customers to pay an annual membership fee and receive member-only benefits, such as free delivery and free returns on rbcryptobay.com Plus purchases.
rbcryptobay.com will display the rbcryptobay.com Plus badge on eligible listings based on criteria determined by rbcryptobay.com.
rbcryptobay.com Plus as a buyer
When you join rbcryptobay.com Plus as a buyer, you accept and agree to the rbcryptobay.com Plus Terms and Conditions, which are part of this User Agreement and incorporated by reference.
rbcryptobay.com Plus as a seller
By using the rbcryptobay.com services and meeting rbcryptobay.com plus criteria on one or more of your listings, you acknowledge and agree that:
If you do not wish to have any of your listings included in rbcryptobay.com Plus, you will be able to opt out of rbcryptobay.com Plus in your account preferences.
The sites contain robot exclusion headers. Much of the information on the sites is updated on a real-time basis and is proprietary or is licensed to rbcryptobay.com by our users or third parties. You agree that you will not use any robot, spider, scraper or other automated means to access the rbcryptobay.com services for any purpose without our express written permission.
Additionally, you agree that you will not:
By listing an item on rbcryptobay.com's sites, you agree to pay rbcryptobay.com's fees for the listing, assume full responsibility for the content of the listing and item offered, and accept the following listing conditions:
You may be able to sell your items internationally by listing items for sale directly on one or more of rbcryptobay.com's international sites or where you choose to list items with an international postage option. You agree that we may display your listing on an rbcryptobay.com site other than the rbcryptobay.com site where you listed your item for sale, including those situations where you choose to list items with an international postage option (such as worldwide postage). However, you may restrict international buyers from purchasing your items if you explicitly exclude international postage locations from your listings or by creating and applying an exclusion list to your listings.
Regardless of which rbcryptobay.com site you use to list your item, if your item is sold to a buyer who is using an rbcryptobay.com site other than your rbcryptobay.com site of registration, you agree to be subject to that other site's User Agreement and policies with respect to that particular purchase, including that site's rbcryptobay.com Money Back Guarantee policy.
You are responsible for complying with all laws and regulations applicable to the sale and delivery of items to international buyers and are responsible for paying all fees and applicable taxes or charges associated with rbcryptobay.com sites and services such as GST or VAT. Fees for listing and selling items on rbcryptobay.com's international sites will be added to your seller invoice and charged to the automaticpayment method (if any) that is on file with your rbcryptobay.com site of registration.
Buyers and sellers are generally responsible for any Goods and Services Tax (GST), sales tax, or other taxes that apply to items bought on rbcryptobay.com. If you have any questions or require more information about your tax obligations, please contact the Australian Taxation Office, your local tax or customs authority, or seek independent tax advice.
In any jurisdiction where rbcryptobay.com has an obligation to collect tax on consumer purchases:
For more details, please see our Tax policy.
As a buyer, you acknowledge and agree that tax may apply on top of the seller's item price, and that you will have the opportunity to review this before finalising your order.
As a seller, you acknowledge and agree that where rbcryptobay.com has an obligation to collect tax on consumer purchases 1) your prices may appear higher to buyers based on their delivery address, and 2) that we may not report tax collected to you, although we will indicate on the order details page if tax was collected by rbcryptobay.com.
18. Closing your account
You may close your rbcryptobay.com account at any time, subject to:
We do not provide your personal information to third parties for their marketing purposes without your explicit consent. We use your information only as described in the rbcryptobay.com User Privacy Notice. We view protection of users' privacy as a very important community principle. We store and process your information on computers located in the United States that are protected by physical as well as technological security devices. You can access and modify the information you provide us and choose not to receive certain communications by signing into your account. We use third parties to verify and certify our privacy principles. For a complete description of how we use and protect your personal information, see the rbcryptobay.com User Privacy Notice. If you object to your information being transferred or used in this way, please do not use our services.
Privacy of Others; Marketing
If rbcryptobay.com provides you with information about another user you agree you will use the information only for the purposes it is provided to you. You may not disclose, sell, rent or distribute a user's information to a third party for purposes unrelated to the Services. Additionally, you may not use information for marketing purposes, via electronic or other means, unless you obtain the consent of the specific user to do so.
You will indemnify us (and our officers, directors, agents, subsidiaries, joint venturers and employees) against any claim or demand, including legal fees and costs, made against us by any third party due to or arising out of your breach of this Agreement, or your infringement of any law or the rights of a third party in the course of using the rbcryptobay.com services.
rbcryptobay.com is not your agent for any purpose in relation to this Agreement or your use of the rbcryptobay.com services.
Legal notices must be served on rbcryptobay.com's registered agent (in the case of rbcryptobay.com) or to the email address you provide to rbcryptobay.com during the registration process (in your case). Notice will be deemed given 24 hours after email is sent, unless the sending party is notified that the email address is invalid or that the email has not been delivered. Alternatively, we may give you legal notice by mail to the address provided by you during the registration process. In such case, notice will be deemed given three days after the date of mailing.
Any notices to rbcryptobay.com's registered agent must be given by registered ordinary post (or if posted to or from a place outside Australia, by registered airmail) or by facsimile transmission to rbcryptobay.com Marketplaces GmbH c/- Corrs Chambers Westgarth, 8 Chifley, 8-12 Chifley Square, Sydney NSW 2000,
If a dispute arises between you and rbcryptobay.com, our goal is to provide you with a neutral and cost-effective means of resolving the dispute quickly. We strongly encourage you to first contact us to seek a resolution. If your dispute is not resolved by contacting Customer Service, all legal notices and formal disputes should be sent to rbcryptobay.com's registered agent in accordance with Clause 22 above. We will consider reasonable requests to resolve the dispute through alternative dispute resolution procedures, such as mediation or arbitration, as alternatives to litigation.
Law and forum for legal disputes
This Agreement will be governed in all respects by the laws of New South Wales. We encourage you to try and resolve disputes using certified mediation (such as online dispute resolution processes). If a dispute cannot be resolved then you and rbcryptobay.com irrevocably submit to the non-exclusive jurisdiction of the courts of New South Wales, Australia.
It is important to read and understand all our policies as they provide the rules for trading on the rbcryptobay.com site. You should read the rbcryptobay.com rules and policies overview to see the rules that apply to you. In addition, there may be specific policies or rules that apply, and it is your responsibility to check our Help pages and policies to make sure you comply.
Our policies, including all policies referenced in them, are part of this Agreement and provide additional terms and conditions related to specific services offered on our sites, including but not limited to:
Each of these policies may be changed from time to time. Changes take effect when we post them on the rbcryptobay.com.com.au site. When using services on our sites, you are subject to any posted policies or rules applicable to services you use through the sites, which may be posted from time to time. All such policies or rules are incorporated into this User Agreement.
If any provision of this Agreement is held to be invalid or unenforceable, such provision will be severed and the remaining provisions will remain in effect. In our sole discretion, we may assign our rights and obligations under this Agreement to another entity. Headings are for reference purposes only and do not form part of this Agreement. Our failure to act on a breach by you or others doesn't waive our right to act on subsequent or similar breaches.
We may amend this Agreement at any time by posting the amended terms on rbcryptobay.com.com.au. We will also notify you of any material amendments through rbcryptobay.com Messages (in My rbcryptobay.com) or directly to the email address linked to your account. Except as stated elsewhere, all amended terms will automatically be effective 30 days after they are initially posted. If you do not accept the changes you should close your account in accordance with Clause 18 of this Agreement.
This Agreement contains the entire understanding and agreement between you and rbcryptobay.com. The following Sections survive any termination of this Agreement: Fees and Services (with respect to fees owed for our services), Release, Content, Liability, Indemnity and Legal Disputes.