RigBag Terms & Conditions
PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY BEFORE USING THIS SITE
1.2 Please read these Terms carefully before you start to use our sites, as these will apply to your use of our sites. Your attention is drawn in particular to clause 13 of these Terms (Limitation of Liability). We recommend that you print a copy of these Terms for future reference
1.3 If you disagree with these Terms or any part of these Terms, you must not use our sites.
2. INFORMATION ABOUT US
2.1 The sites are operated by Rigbag Limited ("We"). We are registered in Ireland under company number 496215 and have our registered office at Unit 1A, Tom Crean Business Centre, Tralee Technology Park, County Kerry, Ireland.
3. ACCESSING OUR SITES
3.1 Our sites are made available free of charge.
3.2 The services which are made available on our sites from time to time will, among other things, allow you to create, publish and manage written advertisements for goods for sale or for wanted goods; advertisements of the provision of services, contact other users of the sites; post comments on the Rigbag blog; search our database for advertisements regarding a specific product, service, seller and/or in a specific location; forward advertisements to people you know; invite people you know to view the sites and download or copy the portions of the information, data, text, sound, photographs, graphics, video, messages and other materials (the “Rigbag Services”).
3.3 We do not guarantee that our sites, or any content on them and/or the Rigbag Services will always be available or be uninterrupted. Access to our sites and/or the Rigbag Services is permitted on a temporary basis, and we reserve the right to withdraw, discontinue or change all or any part of the sites and/or the Rigbag Services without notice. We will not be liable to you if for any reason all or any of our sites and/or the Rigbag Services are unavailable at any time or for any period.
3.4 From time to time, we may restrict access to some parts of our sites, or our entire sites, and/or to the Rigbag Services to users who have registered with us.
3.5 You are responsible for making all the necessary arrangements for you to have access to our sites and/or the Rigbag Services. You are also responsible for ensuring that all persons who access our sites through your internet connection are aware of these Terms, and that they comply with them.
3.7 We may update our sites and/or the Rigbag Services from time to time, and may change the content at any time. However, please note that any of the content on our sites may be out of date at any given time, and we are under no obligation to update it.
3.8 We do not guarantee that our sites, or any content on it, will be free from errors or omissions.
3.9 Access to certain areas of our sites is restricted. We reserve the right to restrict access to other areas of our sites, or indeed the whole sites, at our discretion.
3.10 When creating an advertisement on the sites you agree to provide accurate, current and complete information and to promptly update the information you provide to us when it changes.
3.11 As a condition of your access and use of our sites and/or the Rigbag Services, you warrant to us that you have the right, authority and capacity to enter into and be bound by these Terms.
3.12 We have no obligation to monitor or moderate any user’s activity or use of our sites and/or the Rigbag Services, however we retain the right at all times to monitor, retain and disclose any information as necessary to satisfy any applicable law, regulation, legal process or regulatory authority request or to determine compliance with these Terms.
3.13 Without any admission of liability, we may from time to time assess any possible risks for users from third parties when they use the sites and/or the Rigbag Services, and we will decide in each case whether it is appropriate to use moderation or pre-approval of advertisements on the sites (including what kind of moderation to use) in the light of those risks. We expressly exclude our liability for any loss or damage arising from the use of the sites and/or the Rigbag Services by a user in contravention of these Terms, whether the service is moderated or not and whether or not an advertisement has been reviewed by us prior to appearing on the sites.
3.14 The use of the sites and/or the Rigbag Services by a minor (an individual under 18 years of age) is subject to the consent of their parent or guardian and our contract is with the parent or guardian, who is responsible for the minor’s compliance. We advise parents or guardians who permit minors to use the sites and/or the Rigbag Services that it is important that they communicate with minors about their safety online, as moderation or vetting of advertisements is not guaranteed or foolproof. Minors who are using any interactive service should be made aware of the potential risks to them.
3.15 We reserve the absolute right at our sole discretion, without being obliged to give any reason, to reject, amend or remove any content posted or submitted by you any time without notice to you.
4. LICENCE TO USE OUR SITES
4.1 Unless otherwise stated, we or our licensors own the intellectual property rights in the sites and material on the sites. These works are protected by copyright laws and treaties around the world. All these intellectual property rights are reserved.
4.2 You may view, download for caching purposes only, and print pages from the sites for your own personal use, subject to the restrictions set out below and elsewhere in these Terms.
4.3 You may print off one copy, and may download extracts, of any page(s) from our sites for your personal use and you may draw the attention of others within your organisation to content posted on our sites.
4.4 You must not modify the paper or digital copies of any materials you have printed off or downloaded in any way, and you must not use any illustrations, photographs, video or audio sequences or any graphics separately from any accompanying text.
4.5 Our status (and that of any identified contributors) as the authors of content on our sites must always be acknowledged.
4.6 You must not use any part of the content on our sites for commercial purposes without obtaining a licence to do so from us or our licensors.
4.7 If you print off, copy or download any part of our sites in breach of these Terms, your right to use our sites will cease immediately and you must, at our option, return or destroy any copies of the materials you have made.
5. ACCEPTABLE USE
5.1 You must not use our sites and/or the Rigbag Services in any way that causes, or may cause, damage to the sites or impairment of the availability or accessibility of the sites and/or the Rigbag Services; or in any way which is unlawful, illegal, fraudulent or harmful, or in connection with any unlawful, illegal, fraudulent or harmful purpose or activity.
5.2 You must not use our sites and/or the Rigbag Services to copy, store, host, transmit, send, use, publish or distribute any material which consists of (or is linked to) any spyware, computer virus, Trojan horse, worm, keystroke logger, rootkit or other malicious computer software.
5.3 You must not attempt to gain unauthorised access to our sites, the server on which our sites are stored or any server, computer or database connected to our sites.
5.4 You must not attack our sites via a denial-of-service attack or a distributed denial-of service attack.
5.5 You must not conduct any systematic or automated data collection activities (including without limitation scraping, data mining, data extraction and data harvesting) on or in relation to our sites without our express written consent.
5.6 You must not use our sites to transmit or send unsolicited commercial communications.
5.7 You must not create user accounts by automated means or under false or fraudulent pretenses or create multiple log ins.
5.8 You must not use our sites and/or the Rigbag Services for any purposes related to marketing without our express written consent.
5.9 You must not upload, post, e-mail, transmit or otherwise make available using the sites any material that you do not have a right to make available under any law or contractual obligation which includes a breach of third party intellectual property rights.
5.10 You must not use the sites and/or the Rigbag Services, intentionally or unintentionally, to violate any applicable law.
5.11 You must not take any action that imposes, or may impose in our sole discretion, an unreasonable or disproportionately large load on our IT infrastructure.
5.12 You must not engage in or promote any of the following (or what we deem similar): surveys, contests, pyramid schemes, chain letters, get rich quick promotions, profit sharing promotions, unsolicited e-mailing or spamming via the sites.
5.13 You must not collect or store personal data about other users in connection with the prohibited activities described in this paragraph.
5.14 Where necessary we will report any breach of these Terms to the relevant law enforcement authorities and we will co-operate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use our sites will cease immediately.
6 YOUR ACCOUNT AND PASSWORD
6.1 If you choose, or you are provided with, a user identification code, password or any other piece of information as part of our security procedures, you must treat such information as confidential. You must not disclose it to any third party.
6.2 We have the right to disable any user identification code or password, whether chosen by you or allocated by us, at any time, if in our reasonable opinion you have failed to comply with any of the provisions of these Terms.
6.3 If you know or suspect that anyone other than you knows your user identification code or password, you must promptly notify us at email@example.com.
7. USER GENERATED CONTENT
7.1 In these Terms, 'your user content' means material (including without limitation text, images, audio material, video material and audio- visual material) that you submit or upload to our sites, for whatever purpose.
7.2 Your user content will be considered non-confidential and non-proprietary, and we have the right to use, copy, distribute and disclose to third parties any such content for any purpose.
7.3 Further to the above you grant to us a worldwide, irrevocable, non-exclusive, royalty-free licence to use, reproduce, adapt, publish, translate and distribute your user content in any existing or future media. You also grant to us the right to sub-license such content, and the right to bring an action for infringement of these rights.
7.4 You warrant to us that your user content is not illegal or unlawful, that it does not infringe any third party's legal rights, and that it is not capable of giving rise to legal action whether against you or us or a third party (in each case under any applicable law), and you will be liable to us and indemnify us for any breach of that warranty and for any loss or damage which we suffer as a result of such breach.
7.5 You must not submit any user content to the sites that is or has ever been the subject of any threatened or actual legal proceedings or other similar complaint.
7.6 We reserve the right to edit or remove any material submitted to our sites, or stored on our servers, or hosted or published upon our sites.
7.7 Notwithstanding our rights under these Terms in relation to user content, we do not undertake to monitor the submission of such content to, or the publication of such content on, our sites.
7.8 We also have the right to disclose your identity to any third party who is claiming that your user content constitutes a violation of their intellectual property rights, or of their right to privacy.
7.9 We will not be responsible, or liable to any third party, for the content or accuracy of your user content or any other user of our site.
7.10 The views expressed by other users on our site do not represent our views or values.
7.11 You are solely responsible for your advertisements listed on our sites. You understand that all information publicly posted or privately transmitted through the sites is the sole responsibility of the person from which such content originated and that we will not be liable for any errors or omissions in any content or as a result of any user’s use of the sites. You understand that we cannot guarantee the identity of any other users with whom you may interact in the course of using the Rigbag Services. Additionally, we cannot guarantee the authenticity of any data which users may provide about themselves or relationships they may describe.
7.12 Your user content must be accurate, genuine and must comply with applicable law in Ireland and in any country from which they are posted.
7.13 Your user content must not:
a) comment on, defame, abuse, harass, stalk, threaten or otherwise offend others;
b) be unlawful, obscene, defamatory, seditious, indecent, offensive, liable to incite racial hatred, discriminatory, menacing, scandalous, inflammatory, be in breach of confidence, be in breach of privacy or be inappropriate;
c) breach any applicable laws or regulations;
d) deceive or mislead any person and/or entity:
e) falsely state, impersonate, or otherwise misrepresent your identity, including but not limited to the use of a pseudonym, or misrepresenting your current or previous positions and qualifications, or your affiliations with a person or entity, past or present:
f) make available any content or initiate communications which include information that you do not have the right to disclose or make available under any law or under contractual or fiduciary relationships (such as insider information, or proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements); and/or
g) interfere with or disrupt the sites or servers or networks connected to the sites, or disobey any requirements, procedures, policies or regulations of networks connected to the sites.
8. LINKING TO OUR SITE
8.1 You may link to our home pages, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it.
8.2 You must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists.
8.3 You must not establish a link to our sites in any website that is not owned by you.
8.4 Our sites must not be framed on any other site, nor may you create a link to any part of our site other than our home pages. We reserve the right to withdraw linking permission without notice.
8.5 The website in which you are linking must comply in all respects with our standards and Terms.
8.6 If you wish to make any use of content on our sites other than as set out above, please contact firstname.lastname@example.org
9. LINKS FROM OUR SITE
9.1 Where our sites contain links to other sites and resources provided by third parties, these links are provided for your information only.
9.2 We have no control over the contents of those sites or resources, and accept no responsibility for them or for any loss or damage that may arise from your use of them.
10.1 We do not guarantee that our sites will be secure or free from bugs or viruses.
10.2 You are responsible for configuring your information technology, computer programmes and platform in order to access our site. You should use your own virus protection software.
11. TRANSACTIONS CONCLUDED THROUGH OUR SITE
11.1 We allow third party sellers to list and sell their products on the sites. We act as a platform provider only to help facilitate transactions that are carried out on our sites. We are neither the buyer nor the seller of the seller’s items. Accordingly, the contract formed at the completion of a sale for these third party products is solely between buyer and seller. We are not a party to this contract nor assume any responsibility arising out of or in connection with it nor are we the seller’s agent. The seller is responsible for the sale of the products and for dealing with any buyer claims or any other issue arising out of or in connection with the contract between buyer and seller. For the avoidance of doubt the seller and the buyer shall resolve any dispute directly between themselves.
11.2 By registering for or using the Rigbag Services provided for on the sites, you authorise us to process payments, refunds and adjustments for your transactions, receive and hold sales proceeds on your behalf, remit sales proceeds to your bank account, charge your credit card and pay us and our affiliates amounts you owe in accordance with these Terms.
11.3 You must provide us with true and accurate information when registering and must maintain and update that information as applicable. We may at any time require you to provide any financial, business or personal information we request to verify your identity. You will not impersonate any person or use a name which you are not legally authorised to use. You authorise us to verify your information (including any updated information), to obtain credit reports about you from time to time, and to obtain an initial credit authorisation from your credit card issuer at the time of registration.
11.4 When a buyer instructs us to pay you (as a seller), you agree that the buyer authorises and orders us to commit the buyer’s payment to you. You agree that the buyer satisfies their obligations to you for your transactions when we receive the sales proceeds. Our obligation to remit funds received by us on your behalf is limited to funds that we have actually received less amounts owed to us and / or our affiliates. The fees charged by us and / or our affiliates for processing the transactions are calculated as a % of the sales proceeds. We may change this percentage from time to time.
11.5 The Rigbag Services are generally available seven (7) days per week, twenty-four hours per day, except for scheduled downtime due to system maintenance or otherwise. We can initiate credits to a seller’s account only on a Business Day when the automated clearinghouses are open for business. For the purposes of these terms, a “Business Day” is Monday through Friday, excluding bank holidays.
11.6 If we or our affiliates reasonably conclude based on information available to us or our affiliates that your actions and/or performance in connection with the Rigbag Services may result in buyer disputes, chargebacks or other claims, then we may, in our sole discretion delay initiating any remittances and withhold any payments to be made or that are otherwise due to you in connection with the Rigbag Services or these Terms until the completion of any investigation(s) regarding your actions and/or performance in connection with these Terms. We will not be liable to you if we act in accordance with these Terms.
11.7 All notices will be sent by e-mail or will be posted on the sites or by any other means then specified by us. We will send notices to youth the e-mail address maintained in our records for you. You will monitor your e-mail messages frequently to ensure awareness of any notices sent by us. You will send notices to us using the functionality for contacting us provided on the sites.
11.8 By agreeing to these Terms and posting a listing for fixed price sale, you agree to complete the transaction. You acknowledge that by not fulfilling these obligations, your action or inaction may be legally actionable.
11.9 You agree that it is your responsibility (as a Seller) to determine whether Seller Taxes apply to the transactions and to collect, report, and remit the correct Seller Taxes to the appropriate tax authority, and that we are not obligated to determine whether Seller Taxes apply and are not responsible to collect, report, or remit any sales, use or similar taxes arising from any transaction, except to the extent that we expressly agree to receive taxes or other transaction based charges. “Seller Taxes” means any and all sales, goods and services, use, excise, import, export, value added, consumption and other taxes and duties assessed, incurred or required to be collected or paid for any reason in connection with any advertisement, offer or sale of products by you or through the sites, or otherwise in connection with any action, inaction, or omission of you or any of affiliate of yours, or any of their respective employees, agents, contractors or representatives.
11.10 In the event that your account is suspended for any reason, any amounts due on your account will immediately become due and payable. We reserve the right to immediately charge any amounts you have not previously disputed to the billing method that you are using.
11.11 Our fees pay for the right to sell on the sites. You do not purchase exclusive rights to webpages on our sites. We may, in our sole discretion, and without your consent or payment to you, place third-party advertisements on any page within our site.
11.12 Unless otherwise stated, all fees are quoted in Euro. You are responsible for paying all fees and applicable taxes associated with using our sites and the Rigbag Services in a timely manner with a valid payment method. If your payment method fails or your account is overdue, we may collect fees owed using other collection mechanisms. (This includes charging other payment methods on file with us and retaining collection agencies and legal counsel or otherwise.
12. ACCURACY AND RELIANCE
12.1 The content on our sites is provided for general information only. It is not intended to amount to advice on which you should rely. You must obtain professional or specialist advice before taking, or refraining from, any action on the basis of the content on our sites.
12.2 Although we make reasonable efforts to update the information on our sites, we make no representations, warranties or guarantees, whether express or implied, that the content on our site is accurate, complete or up-to-date
13. LIMITATIONS OF LIABILITY
13.1 Nothing in these Terms (or elsewhere on our sites) excludes or limits our liability for death or personal injury arising from our negligence, or our fraud or fraudulent misrepresentation, or any other liability that cannot be excluded or limited by Irish law.
13.2 To the extent permitted by law, we exclude all conditions, warranties, representations or other terms which may apply to our site or any content on it, whether express or implied.
13.3 We will not be liable to any user for any loss or damage, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, even if foreseeable, arising under or in connection with:
- use of, or inability to use, our site; or
- use of or reliance on any content displayed on our site.
13.4 If you are a business user, please note that in particular, we will not be liable for:
- loss of profits, sales, business, or revenue;
- business interruption;
- loss of anticipated savings;
- loss of business opportunity, goodwill or reputation; or
- any indirect or consequential loss or damage.
13.5 If you are a consumer user, please note that we only provide our sites for domestic and private use. You agree not to use our sites for any commercial or business purposes, and we have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.
13.6 We will not be liable for any loss or damage caused by a virus, distributed denial-of-service attack, or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of our sites or to your downloading of any content on it, or on any website linked to it.
13.7 We assume no responsibility for the content of websites linked on our sites. Such links should not be interpreted as endorsement by us of those linked websites. We will not be liable for any loss or damage that may arise from your use of them.
13.8 At no point do we have possession of anything listed or sold through our sites. We do not review users’ listings or content and 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 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.
13.9 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 one of our sites.
13.10 You accept sole responsibility for the legality of your actions under laws applying to you and the legality of any items you list on any of our sites.
13.11 Regardless of the previous paragraph, if we are found liable, our liability to you or to any third party is limited to the greater of (a) the total fees you paid to us in the 12 months prior to the action giving rise to the liability and (b) €100.
13.12 If you have a dispute with one or more users of the sites, you release us (and our officers, directors, agents, subsidiaries, joint ventures 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.
14.1 You hereby indemnify us and undertake to keep us indemnified against any losses, damages, costs, liabilities and expenses (including without limitation legal expenses and any amounts paid by us to a third party in settlement of a claim or dispute on the advice of our legal advisers) incurred or suffered by us arising out of any breach by you of any provision of these Terms, or arising out of any claim that you have breached any provision of these Terms.
15.1 Without prejudice to our other rights under these Terms, if you breach these Terms in any way, we may take such action as we deem appropriate to deal with the breach, including suspending your access to the website, prohibiting you from accessing the website, blocking computers using your IP address from accessing the website, contacting your internet service provider to request that they block your access to the website and/or bringing court proceedings against you.
17.1 If a provision of these Terms is determined by any court or other competent authority to be unlawful and/or unenforceable, the other provisions will continue in effect. If any unlawful and/or unenforceable term would be lawful or enforceable if part of it were deleted, that part will be deemed to be deleted, and the rest of the term will continue in effect.
19. EXCLUSION OF THIRD PARTY RIGHTS
19.1 These Terms are for the benefit of you and us, and are not intended to benefit any third party or be enforceable by any third party. The exercise of our and your rights in relation to these Terms is not subject to the consent of any third party.
20. ENTIRE AGREEMENT
21. LAW AND JURISDICTION
21.1 If you are a consumer, please note that these Terms, its subject matter and its formation, are governed by Irish law. You and we both agree to that the courts of Ireland will have non-exclusive jurisdiction.
21.2 If you are a business, these Terms, its subject matter and its formation (and any non-contractual disputes or claims) are governed by Irish law. We both agree to the exclusive jurisdiction of the courts of Ireland.