Terms of use

Please read carefully before using our services

RCS™ Terms of Use

Welcome to www.rcs.com (together with its sub-domains, Content, Marks and services, the “Site”).  Please read the following Terms of Use (“Terms”) carefully before using this Site so that you are aware of your legal rights and obligations with respect to RCS Ltd. and our affiliated companies (collectively, “RCS”, “we”, “our” or “us”).

1.  Background. RCS is a world leading international trader of mobile phones, digital cameras and other portable electronics (each a “Product”).  The Site is intended to provide information about RCS and its products and services;.
2. Consent and Modification.  By visiting or using this Site, you signify your assent to these Terms.  These Terms apply to all users of the Site.  If you do not agree to these Terms then please do not access or otherwise use the Site.  We reserve the right, at our discretion, to change these Terms at any time.  Such change will be effective ten (10) days following posting of the revised Terms on the Site, and your continued use of the Site thereafter means that you accept those changes.
3. Ability to Accept Terms.
   1. Age Requirement.  The Site is only intended for individuals aged eighteen (18) years or older.  If you are under 18 years please do not visit or use the Site.
   2. Employer Authority.  If you are entering into these Terms, and/or using the Site, on behalf of your employer or other legal entity, you represent and warrant that you have full authority to: (i) bind said employer or other legal entity to these Terms (if they have not already done so); and (ii) use the Service on behalf of your employer or other legal entity.  If you do not have the foregoing authority please do not accept these Terms or access or use the Site.
4. Site Access.  For such time as these Terms are in effect, we hereby grant you permission to visit and use the Site provided that you comply with these Terms and applicable law.  You acknowledge that certain parts of the Site are only accessible to registered users who have an Account (defined below).
5. Restrictions. You shall not, and shall not permit any third party to: (i) copy, distribute or modify any part of the Site or to copy, use, modify, create derivative works of, transfer (by sale, resale, license, sublicense, download or otherwise), reproduce, distribute, display or disclose Content (defined below), except as expressly authorized herein; (ii) disrupt any servers or networks connected to the Site; (iii) use or launch any automated system (including without limitation, “robots” and “spiders”) to access the Site and/or submit Bids (defined below); (iv) circumvent, disable or otherwise interfere with security-related features of the Site or features that prevent or restrict use or copying of any Content or that enforce limitations on use of the Site; (v) collude with others to influence or manipulate the results of an Auction (defined below) or your submission of Bids, or use third party software to submit Bids; (vi) use the communications systems provided by the Site to send unsolicited or unauthorized commercial communications; (vii) remove, alter or obscure any proprietary notice or identification, including copyright, trademark, patent or other notices, contained in or displayed on the Site; (viii) use the RCS name, logo or trademarks without our prior written consent; and/or (ix) use the Site to violate any applicable laws, rules or regulations, or for any unlawful, harmful, irresponsible, or inappropriate purpose, or in any manner that breaches these Terms.
6. Account.
   1. If you wish to register an Account you may submit a request by completing the applicable online Account creation request form that we make available on the Site or by sending us an email to sales@rcs.com, requesting registration to the site and creation of an Account.  We will review any such request and contact you via your designated email address (or telephone number) in order to approve, request additional information or clarification or deny your request.
   2. You confirm and warrant that all the details provided by you in the Account request form are true, accurate, up to date and complete.  If there should be any change in any such details you undertake to immediately update us via an email to sales@rcs.com.
   3. We reserve the right, in our sole discretion, to approve or deny any request to register any Account as well as the right to terminate your Account at any time, upon our sole discretion, without notice, and to refuse any and all current or future use of the Account or any portion thereof.
   4. By sending an Account registration request form you give your approval to us and are aware that we reserve the right to make any needed confirmation and background checks we may see fit including, VAT number check, company registration check, internet check, address check, credit check.
   5. The Site is intended for B2B trading.  If you are not a business, distributor or trader legally acting in the personal electronics and cellular trading business then you may not be permitted to make use of the Site and/or register an Account.
   6. Each Account is a personal account and may not be used by any other person other than the one who submitted the request for its creation and may not be transferred, shared or assigned in any way or manner.  For avoidance of doubt it is made clear that should the Account be a company account, the person using the Account shall be the company’s permitted user/representative, as detailed in section 3.2 above.  You are solely responsible for the activity that occurs in and by your Account, and you must keep your Account details secure and private.  You must notify RCS immediately of any breach of security or unauthorized use of your Account.  If you wish to delete your Account you may send an email request to RCS at sales@rcs.com.  Notwithstanding anything else herein, RCS reserves the right to pursue any and all claims against any unauthorized use of your Account.
7.  Warranty. RCS ships genuine goods with the manufacturer’s original world-wide guarantee as may be applicable. The terms of such warranty may however occasionally be different to the statutory requirements of a particular market. If you intend to re-sell the Items directly to consumers in any particular market, it is your sole responsibility to ensure that the terms of warranty of onward sale to consumers meets the minimum requirements of that particular market in which the goods are to be sold. RCS hereby specifically excludes any responsibility and liability for differences between the terms of the manufacturer’s original warranty and those mandated by the laws of a particular market or jurisdiction, the sole responsibility for which shall lie with you.
8. Payments to RCS. Except as expressly set forth in the Terms, your general right to access the Site hereunder is currently for free, but RCS may in the future charge a fee for certain access or usage.  You will not be charged for any such access or use of the Site unless you first agree to such charges, but please be aware that any failure to pay applicable charges may result in you not having access to some, or all, of the Site.
9. Intellectual Property Rights.
   Content and Marks.  The: (i) text, documents, articles, brochures, descriptions, graphics, photos, sounds, videos and interactive features on the Site, including the Site look and feel which is protected by patents, copyrights, trademarks, service marks, trade secrets, morality rights, know how, international treaties and/or other proprietary rights (collectively, the “Materials”), (ii) Site products, services and software (collectively, the “Software”), (iii) User Submissions, as defined below (and together with the Materials and Software, the “Content”), (, are all the property of RCS and/or its licensors and may be protected by applicable copyright or other intellectual property laws and treaties.  ‘RCS’, the RCS logo and related logos owned by RCS, and other marks are Trademarks of RCS or its affiliates.  All other Trademarks, service marks, and logos used on the Site or on the Products are the trademarks, service marks, or logos of their respective owners.  We reserve all rights not expressly granted in and to the Site and the Content.

10. Use of Content.  The Content on the Site is provided to you on an ‘as is’ and ‘as available’ basis for your informational and personal use only and may not be used, modified, copied, distributed, transmitted, broadcast, displayed, sold, licensed, de-compiled, or otherwise exploited for any other purposes whatsoever without our prior written consent or as expressly permitted herein.  If you download or print a copy of any Content you must retain all copyright and other proprietary notices contained therein. You may not use the Content on the Site for any illegal purpose or in any manner inconsistent with these Terms.
11. User Submissions.
    1. The Site may permit the submission, hosting, sharing and publishing of Materials by you and other Site users (“User Submissions”).  Each Offer is considered a User Submission.  Unless an Offer is separately referred to, all references herein to a User Submission shall include Offers.
    2. License to User Submissions.  By posting, publishing, uploading or providing your User Submissions to the Site, or submitting your User Submissions to RCS, including for the purpose of posting, publishing or uploading you hereby grant RCS a worldwide, irrevocable, non-exclusive, royalty-free, perpetual, sublicenseable and transferable license to use, reproduce, distribute, prepare derivative works of display, and perform the User Submissions in connection with the Site and RCS’ business, including without limitation for redistributing part or all of your User Submissions (and derivative works thereof) in any media formats and through any media channels and, and you hereby waive any moral rights in your User Submissions, to the extent permitted by law.  You also hereby grant each user of the Site or other viewer or user of the User Submission a non-exclusive right to use, reproduce, distribute, prepare derivative works of, display and perform such User Submissions, all in accordance with these Terms.
    3. Responsibility. You shall be solely responsible for your User Submissions and the consequences of posting, publishing or uploading them or submitting them for such purpose.  We have complete discretion whether to publish your User Submissions and we reserve the right in our sole discretion and without further notice to you, to monitor, censor, edit, remove, delete, and/or remove any and all Content posted on the Site (including User Submissions) at any time and for any reason. We do not guarantee any confidentiality with respect to any User Submissions, regardless of whether or not it is published.
    4. Ownership. You represent and warrant that you own or have the necessary rights and permissions to use and authorize RCS to use all Intellectual Property Rights (defined below) in and to your User Submissions, and to enable inclusion and use thereof as contemplated by the Site and these Terms.  Unless the User Submissions are separately referred to, all references herein to Content shall include references to User Submissions.  “Intellectual Property Rights” means any and all rights, titles and interests, whether foreign or domestic, in and to any and all trade secrets, patents, copyrights, service marks, trademarks, know-how, or similar intellectual property rights, as well as any and all moral rights, rights of privacy, publicity and similar rights of any type under the laws or regulations of any governmental, regulatory, or judicial authority, foreign or domestic.  You retain all of your ownership rights in and to your User Submissions.
    5. Prohibited Content.  You agree that you will not display, post, submit, publish, upload or transmit a User Submission that: (i) is unfair or deceptive under the consumer protection laws of any jurisdiction; (ii) is copyrighted, protected by trade secret or is otherwise subject to third party intellectual property or proprietary rights, including privacy and publicity rights, unless you are the owner of such rights; (iii) creates a risk to a person’s safety or health, creates a risk to public safety or health, compromises national security, or interferes with an investigation by law enforcement; (iv) impersonates another person; (v) violates export control laws; (vi) is unlawful, known to be false, defamatory, libelous, threatening, pornographic, harassing, hateful, racially or ethnically offensive, or encourages conduct that would be considered a criminal offense, gives rise to civil liability, violates any law, or is inappropriate; (vii) may breach ones right for privacy; (viii) is otherwise malicious or fraudulent; and/or (viii) breaches these Terms.
    6. Exposure. You understand and acknowledge that when accessing and using the Site: (i) you will be exposed to User Submissions from a variety of sources, and that RCS is not responsible for the accuracy, usefulness, safety, or Intellectual Property Rights of, or relating to, such User Submissions; and (ii) you may be exposed to User Submissions that are inaccurate, offensive, indecent, or objectionable.  You hereby agree to waive, and hereby do waive, any legal or equitable rights or remedies you may have against RCS with respect to (i) and (ii) herein.

12. Information Description. We attempt to be as accurate as possible.  However, we cannot and do not warrant that the Content available on the Site (including any Offers posted on the Trade Platform) is accurate, complete, reliable, current, or error-free including any advertisements that may be posted on the Site whether by us or by any other third party. We reserve the right to make changes in or to the Content, or any part thereof, in our sole judgment, without the requirement of giving any notice prior to or after making such changes to the Content. Your use of the Content, or any part thereof, is made solely at your own risk and responsibility.  YOU ARE ADVISED TO CONSULT WITH YOUR FINANCIAL, LEGAL OR OTHER ADVISORS TO VERIFY PRICING OR OTHER INFORMATION INCLUDED ON THE SITE.
13. Disclosure. We reserve the right to access, process, preserve, and disclose any information that we obtain in connection with the Site, and your use thereof, including User Submissions and the details provided by you through your request for registration to an Account or applicable checks conducted by us in relation to such Accounts, as we reasonably believe is necessary to: (i) satisfy any applicable law, regulation, legal process, subpoena or governmental request, (ii) enforce the Site Terms, including to investigate potential violations of them, (iii) detect, prevent, or otherwise address fraud, security or technical issues, (iv) respond to user support requests, or (v) protect the rights, property or safety of RCS, its users or the public.
14. Links. The Site may contain links to third party websites that are not owned or controlled by RCS.  We are not affiliated with, have no control over, and assume no responsibility for the content, privacy policies, or practices of, any third party websites.  You: (i) are solely responsible and liable for your use of third party websites and any content that you may send or post to a third party website; and (ii) expressly release RCS from any and all liability arising from your use of any third party website.  Accordingly, we encourage you to read the terms and conditions and privacy policy of each third party website that you may choose to visit, link to or post content on.
15. Privacy. We respect your privacy. We will use any personal information that we may collect or obtain in connection with the Site, including any information provided through the Offers and the request for registering an Account or otherwise shared with us, in accordance with our privacy policy which is available at www.rcs.com\Privacy(“Privacy Policy”).  You agree that we may use personal information that you provide or make available to us in accordance with the Privacy Policy.
16. Copyright Policy.  It is our policy to respect the legitimate rights of copyright owners, and we will respond to clear notices of alleged copyright infringement in accordance with our Copyright Policy which may be viewed at: rcs.com\Copyright(“Copyright Policy”).
17. Warranty Disclaimers.
    1. THE SITE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, AND WITHOUT WARRANTIES OF ANY KIND EITHER EXPRESS OR IMPLIED.  RCS HEREBY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, TITLE, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, AND THOSE ARISING BY STATUTE OR FROM A COURSE OF DEALING OR USAGE OF TRADE.  RCS DOES NOT GUARANTEE THAT THE SITE WILL BE FREE OF BUGS, SECURITY BREACHES, OR VIRUS ATTACKS.  THE SITE MAY OCCASIONALLY BE UNAVAILABLE FOR ROUTINE MAINTENANCE, UPGRADING, OR OTHER REASONS.  YOU AGREE THAT RCS WILL NOT BE HELD RESPONSIBLE FOR ANY CONSEQUENCES TO YOU OR ANY THIRD PARTY THAT MAY RESULT FROM TECHNICAL PROBLEMS OF THE INTERNET, SLOW CONNECTIONS, TRAFFIC CONGESTION OR OVERLOAD OF OUR OR OTHER SERVERS.  EXCEPT AS EXPRESSLY STATED IN OUR PRIVACY POLICY, RCS DOES NOT MAKE ANY REPRESENTATIONS, WARRANTIES OR CONDITIONS OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE SECURITY OF ANY INFORMATION YOU MAY PROVIDE OR ACTIVITIES YOU ENGAGE IN DURING THE COURSE OF YOUR USE OF THE SITE.
    2. WE DO NOT WARRANT, ENDORSE OR GUARANTEE ANY CONTENT (INCLUDING, FOR THE AVOIDANCE OF DOUBT AND WITHOUT LIMITATION, OFFERS), PRODUCT, OR SERVICE THAT IS FEATURED OR ADVERTISED ON THE SITE BY A THIRD PARTY, AND WE DISCLAIM ALL LIABILITY FOR ANY SUCH CONTENT.  YOU SPECIFICALLY ACKNOWLEDGE THAT RCS SHALL NOT BE RESPONSIBLE FOR THE USER SUBMISSIONS OR CONDUCT OF ANY OFFER MAKER OR SITE USER AND THAT THE RISK OF HARM OR DAMAGE FROM THE FOREGOING RESTS ENTIRELY WITH YOU.
    3. This section applies whether or not the services provided under the Site are for payment.  Applicable law may not allow the exclusion of certain warranties, so to that extent certain exclusions set forth herein may not apply.

18. Limitation of Liability.  TO THE FULLEST EXTENT PERMISSIBLE BY LAW: (i) RCS SHALL NOT BE LIABLE FOR ANY INDIRECT, EXEMPLARY, SPECIAL, CONSEQUENTIAL, OR INCIDENTAL DAMAGES OF ANY KIND ARISING UNDER THESE TERMS OR OUT OF YOUR USE OF, OR INABILITY TO USE, THE SITE, EVEN IF RCS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, and (ii) IN NO EVENT SHALL THE AGGREGATE LIABILITY OF RCS FOR ANY DAMAGES ARISING UNDER THESE TERMS OR OUT OF YOUR USE OF, OR INABILITY TO USE, THE SITE EXCEED THE TOTAL AMOUNT OF FEES, IF ANY, PAID BY YOU TO RCS FOR USING THE SITE DURING THE THREE (3) MONTHS PRIOR TO BRINGING THE CLAIM.  Some jurisdictions do not allow the limitation or exclusion of liability for incidental or consequential damages, so the above limitations may not apply to you.
19. Indemnity. You agree to defend, indemnify and hold harmless RCS and our affiliates, and our respective officers, directors, employees and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs and expenses (including but not limited to attorney’s fees) arising from: (i) use of, or inability to use, the Site; (ii) your violation of these Terms.
20. Securities Laws. The Site may include statements concerning RCS’ operations, prospects, strategies, financial condition, future economic performance and demand for products or services, as well as its intentions, plans and objectives that are forward-looking statements.  These statements are based upon a number of assumptions and estimates which are subject to significant uncertainties, many of which are beyond RCS’ control.  When used on the Site or in these Terms, words like “anticipates”, “expects”, “believes”, “estimates”, “seeks”, “plans”, “intends” and similar expressions are intended to identify forward-looking statements designed to fall within any applicable safe harbors for forward-looking statements.  This Site and the information contained therein do not constitute an offer or a solicitation of an offer for the sale of any securities, commodities and/or other goods of any kind or nature.
21. Information and Press Releases. The Site may contain information and press releases about RCS.  While such information was believed to be accurate as of the date prepared, we disclaim any duty or obligation to update this information or any press releases.  Further, information about companies other than ours contained in the press release or otherwise should not be relied upon as being provided or endorsed by us.
22. Term and Termination.  These Terms are effective until terminated by RCS or you.  RCS, in its sole discretion, has the right to terminate these Terms and/or your access to the Site, or any part thereof, immediately at any time and with or without cause (including, without any limitation, for a breach of these Terms).  RCS shall not be liable to you or any third party for termination of the Site, or any part thereof.  If you object to any term or condition of these Terms, or any subsequent modifications thereto, or become dissatisfied with the Site in any way, your only recourse is to immediately discontinue use of the Site.  Upon termination of these Terms, you shall cease all use of the Site.  This Section 22 and sections 5 (‘Restrictions’), 9 (Intellectual Property Rights), 11 (License to User Submissions) to 11.5 (‘Prohibited Content’), 15 (Privacy) to 19 (Indemnity) and 23 (Independent Contractors) to 26 (General) shall survive termination of these Terms.
23. Independent Contractors. You and RCS are independent contractors.  Nothing in these Terms creates a partnership, joint venture, agency, or employment relationship between you and RCS.  You must not under any circumstances make, or undertake, any warranties, representations, commitments or obligations on behalf of RCS.
24. Assignment. These Terms, and any rights and licenses granted hereunder, may not be transferred or assigned by you but may be assigned by RCS without restriction or notification to you.
25. Governing Law and Disputes.  These Terms and the relationship between you and RCS shall be governed by and construed in accordance with the laws of the State of Israel, without regard to its principles of conflict of laws.  You agree to submit to the personal and exclusive jurisdiction of the courts located in Tel Aviv-Jaffa and waive any jurisdictional, venue, or inconvenient forum objections to such courts, provided that RCS may seek injunctive relief in any court of competent jurisdiction.
26. General. RCS reserves the right to discontinue or modify any aspect of the Site at any time.  These Terms shall constitute the entire agreement between you and RCS concerning the Site.  If any provision of these Terms is deemed invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms, which shall remain in full force and effect.  No waiver of any term of these Terms shall be deemed a further or continuing waiver of such term or any other term, and a party’s failure to assert any right or provision under these Terms shall not constitute a waiver of such right or provision.  YOU AGREE THAT ANY CAUSE OF ACTION THAT YOU MAY HAVE ARISING OUT OF OR RELATED TO THE SITE MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES.  OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.

Last updated: 29 May 2018