Terms of Service

1. Who we are

CartCat is run by [LEGAL ENTITY] (ABN [ABN]) of [REGISTERED ADDRESS]. In these Terms, "CartCat", "we" and "us" mean that business, and "you" means the person using the site.

These Terms are the agreement between you and us for using CartCat: the catalogue, price history, collection and wantlist tools, messaging, the marketplace, and Quicksell (the Service). The Privacy Policy, Buyer protection and Prohibited items pages form part of them.

By creating an account or using the Service you agree to these Terms. If you don't agree, don't use it.

2. Accounts

You must be at least [MIN AGE] and able to enter into a contract.

One account per person unless we agree otherwise. Give accurate details, keep your password to yourself, and tell us at [SUPPORT EMAIL] if you think someone else has used your account. You're responsible for what's done through your account, except where it's our fault.

We may ask you to verify your mobile number before you can do some things, such as putting a listing live or being paid for a Quicksell order.

Moderator and administrator access is given by us and can be withdrawn at any time.

3. While CartCat is new

Parts of the Service are new, and may change, break or be unavailable. Some features are only open to some people. We'll tell you before a change that takes away something you rely on, where we reasonably can.

Nothing in this section limits rights you have under consumer law that can't be excluded.

4. The catalogue

The catalogue separates a game from each physical release of it. It is built from public and community sources and contributions from members; the Attributions page lists them.

Catalogue entries are best efforts. Product codes, barcodes, dates and box contents can be incomplete, wrong, or attached to the wrong regional release. Check anything that matters against the item itself.

Some catalogue text is written automatically from source articles and is marked as unreviewed until a moderator has read it.

5. Contributions

You can propose new releases, corrections and photos. They go to a moderation queue, and we don't have to publish any contribution or explain why we didn't.

When you submit a contribution you:

• confirm it's accurate as far as you know, is your own work or something you may submit, and doesn't infringe anyone's rights;
• give us and other members a perpetual, worldwide, irrevocable, royalty-free, sublicensable licence to use, copy, adapt and publish it as part of the catalogue;
• accept that others may edit, merge or remove it, and that the revision history shows your username.

6. The marketplace and our role

Members sell to members on CartCat. The seller sells the item and the buyer buys it: the contract of sale is between them.

We are the merchant of record for the payment. When you buy, you pay CartCat, and the charge on your card statement is from CartCat. We collect the price, keep our fee, hold the seller's share and pay it to the seller under §11. We don't own, inspect, grade or store items sold by members.

Some listings are sold by CartCat itself (for example, games bought through Quicksell). For those, we are the seller, and the listing says so.

We may step into a dispute, remove listings, cancel or refund orders, hold payments, or restrict accounts where we reasonably believe these Terms or the law have been broken.

7. Listing an item

When you list an item you confirm that:

• you own it or may sell it, and you have it;
• it's a genuine original copy, described accurately and attached to the right catalogue release;
• you've disclosed every material fact, including reproduction boxes, manuals or inserts, resealed items, modified media, missing parts, and water or mould damage;
• you can lawfully sell and send it to the buyer;
• your price, postage and condition details are complete and right.

The Prohibited items page lists what can't be sold.

Listings are priced in Australian dollars, and at launch only sellers with an Australian bank account can be paid. A listing whose seller can't be paid yet stays visible, marked "Not buyable yet".

Keep your quantities accurate. If you can't supply an order, cancel it promptly; the buyer is refunded in full.

8. Offers and orders

Some listings accept offers. An offer can be accepted, declined, countered once by the seller, withdrawn, or left to expire. An accepted offer is a commitment to trade at that price, while the item is in stock.

The item is reserved for you when you authorise payment. The contract of sale is formed when your payment succeeds. If the item sells out first, no contract is formed and you aren't charged.

Each seller in your cart is paid for separately, so a cart with two sellers is two orders and two payments.

Obvious pricing mistakes (a decimal point in the wrong place) aren't binding; the seller or we may cancel the order and refund it in full.

9. Prices and currency

You pay the item price plus postage, in the listing's currency (Australian dollars at launch). Prices shown in another currency are estimates at a reference exchange rate, marked ≈, and are never what you are charged. Your card issuer may convert the charge at its own rate and fees.

10. Our fee

Sellers pay a fee on the items in each order, not on postage:

The US dollar amounts are converted at the reference rate recorded with the order, and the fee is rounded once to the cent. The fee is never more than the items total. It is shown when you list and on the order, and it is taken from the payment before the seller's share is paid out. Buyers don't pay a fee.

If an order is refunded, we return the same share of our fee to the seller that was refunded to the buyer (all of it, for a full refund).

We may change the fee on 30 days' notice; a change applies to orders placed after it starts. We may also run promotions with a lower fee.

[GST STATUS]. You are responsible for your own taxes, including whether you need to register for GST, and for any customs duty or declaration a cross-border sale needs.

11. Payment, held funds and when sellers are paid

Payments are processed by Stripe. We never see or store card numbers.

After a buyer pays, we hold the seller's share until the item is on its way and has had a chance to arrive. For most sellers it is released at the earliest of:

• 72 hours after the carrier reports delivery;
• the buyer confirming they received it; or
• 30 days after the carrier's first scan, if the tracking stops updating.

Sellers we've marked as trusted may be paid sooner, from the carrier's first scan. A label being created doesn't count as a scan, and nothing the seller types does either.

The seller's share is not released while:

• the buyer has reported a problem with the order;
• a refund or a card dispute is open;
• we've put the order or the seller on hold;
• the tracking shows signs of misuse (for example, a number used for another parcel, or a parcel going to the wrong country); or
• Stripe can't pay the seller.

Once released, the money moves to the seller's Stripe account and reaches their bank on Stripe's payout schedule, which we don't control.

To be paid, sellers set up a Stripe account and agree to Stripe's terms. Stripe checks your identity and bank details directly.

12. Postage, cancellations and refunds

Sellers must post within 4 days of payment, pack the item well, and add tracking on the order page. If an order hasn't been posted 7 days after that deadline, it is cancelled and the buyer refunded in full automatically.

Cancelling. A buyer can cancel an order they've paid for within one hour of paying, as long as it hasn't shipped. After that it's the seller's choice. A seller can cancel any order until tracking is added. A cancelled order is refunded in full.

Problems. If an item doesn't arrive or isn't as described, the buyer reports it from the order page. That holds the seller's share while we look at it. The Buyer protection page sets out what's covered and what happens next.

Refunds go back to the original payment method. If a refund is made after the seller has been paid, we take the refunded amount back from the seller's Stripe balance. If that isn't possible, the seller owes it to us, and we may recover it from future sales.

Card disputes. If a buyer disputes a charge with their bank, the seller's share is held, or taken back if it was already paid, until the dispute ends. If the dispute is decided in the seller's favour, we return it.

We may decide what happens to an order on CartCat (refund it, cancel it, or release or hold the payment). That decision settles the order on CartCat, but doesn't decide the buyer's and seller's legal rights against each other.

Nothing in these Terms limits the consumer guarantees under the Australian Consumer Law where they apply.

13. Feedback

Feedback must be honest, about a real order, and free of abuse, threats and personal information. Don't buy, trade or bargain for feedback.

We may remove feedback that breaks this section and recalculate ratings we believe were manipulated.

14. Price information

Sold prices come from completed sales: CartCat's own orders, and sold listings on eBay. They're estimates from a sample that can be small or unrepresentative, and shown with when they were last checked. They aren't valuations, appraisals or financial advice, and collection values are not insurance figures.

Fetching sold prices costs us money, so each person has a daily allowance. You must not get around it or collect price data in bulk (§18).

15. Your content and ours

Your content. You keep ownership of your listings, photos, messages and profile. You give us a worldwide, non-exclusive, royalty-free licence to host, copy, resize and show it to run and promote the Service, and to keep it as part of the record of an order after the listing ends.

Photos. Upload only photos you took or may use. Don't use publisher artwork or another seller's photos as pictures of your item.

Box art and third-party material. Box art shown in the catalogue remains the property of its publishers and is shown to identify the release. The Attributions page lists our data sources and their licences.

Our content. The CartCat name, site, code and design, and the selection and arrangement of the catalogue, are ours or our licensors'.

Complaints. If you think something on CartCat infringes your rights, write to [SUPPORT EMAIL] saying what it is, the right you hold and how to reach you. We may take the material down while we look into it.

16. Quicksell: selling your games to CartCat

Quicksell is different from the marketplace: CartCat buys your games outright. In this section "you" means the person selling to us.

The offer. The price we show is worked out from recent sales of that release in the condition you describe. While Quicksell is new, a person checks every list before we commit to it; don't post anything until we email you that we accept it. Our acceptance is the offer, on the terms in this section.

Who can sell. You must be at least 18, have verified your mobile number, and give us your name and address. [SECOND-HAND DEALER LICENCE]: the law requires us to record who sold us each item and to check identity, and we may ask for identification before we pay. We may report items we believe are stolen to the police.

What you promise. You own every game you send, you are free to sell it, and it isn't stolen, counterfeit or a reproduction.

Minimums. An order must come to at least A$25, and we don't buy a game we'd pay less than A$2 for.

Posting. Post the parcel within 7 days of our acceptance. We send a prepaid Australia Post QR code; you take the parcel to any post office. The games are your responsibility until Australia Post scans the parcel.

Inspection. We clean and test every game and compare it with what you told us, following the published checks on the Quicksell page. Each copy is priced by what's actually in the box and its worst part.

• If the total comes to within 10% of what we offered, we pay the offer.
• If it comes to more than 10% less, we email you the revised offer, game by game. You can accept it, or ask for everything back; return postage is yours.
• A copy in better condition than you described is paid at its better grade.
• We don't buy reproductions, bootlegs, modified carts, games that won't load after cleaning, or anything with mould or insects. Those come back with a returned order, or are recycled if you'd rather not pay return postage.

Payment. We pay by bank transfer or PayPal within 2 business days of inspection, or of you accepting a revised offer. We don't charge any fees. Ownership of each game passes to us when we pay for it.

Unanswered revised offers. If you don't answer a revised offer within [REVISED OFFER WINDOW] days, we'll remind you; if you still don't, we may return the games at your cost.

17. Messaging

Use messages for the item and the order. Don't use them to arrange paying outside CartCat, send spam or harass anyone. We may read messages when investigating a report.

18. Acceptable use

You must not:

• scrape or bulk-download the catalogue, prices, listings or member data, or use automated tools beyond ordinary browsing;
• get around rate limits, the bot checks, daily allowances, or any security or moderation control;
• probe or test the security of the Service without our agreement, or interfere with it;
• misrepresent who you are, or run several accounts to manipulate feedback, prices, offers or moderation;
• buy your own listings or arrange fake sales to move prices;
• arrange payment outside CartCat for an item found on CartCat;
• post anything unlawful, defamatory, hateful or sexually explicit, or that carries malware;
• resell or commercially use the Service or its data without our written permission.

Found a security problem? Tell us at [SUPPORT EMAIL] before telling anyone else, and don't access other people's data.

19. Suspension and closing accounts

You can close your account in Settings at any time. Closing it doesn't cancel orders already placed or amounts owed.

We may suspend or close an account, remove content, or hold payments where we reasonably believe you've broken these Terms or the law, or to protect other members. For serious breaches (fraud, price manipulation, prohibited items) we may act straight away. For any other reason, we'll give reasonable notice.

Sections that by their nature should continue after an account closes do, including §§5, 12, 15, 20, 21 and 24.

20. Consumer guarantees and disclaimers

Nothing in these Terms excludes, restricts or changes a guarantee, right or remedy you have under the Australian Consumer Law or another law that can't be excluded.

Subject to that, the Service is provided as it is. We don't promise it will be uninterrupted or error-free, that the catalogue or price information is complete or accurate, or that another member is who they say they are. Where we may limit our liability for failing to meet a consumer guarantee, it is limited to supplying the service again or paying for it to be supplied again.

21. Limits on our liability

Subject to §20 and to the extent the law allows:

• we are not liable for indirect or consequential loss, or for lost profits, revenue, data or goodwill;
• we are not liable for what another member, a carrier or a payment provider does or fails to do;
• our total liability to you for anything arising from these Terms is limited to the greater of the fees you paid us in the 12 months before the claim and A$100.

22. Indemnity

You indemnify us against loss and reasonable costs we suffer because you broke these Terms, because of your listings or contributions, or because of your dealings with another member, except to the extent we caused it.

23. Changes to these Terms

We may change these Terms. We'll tell members about important changes at least 30 days before they take effect, unless a change is needed sooner for legal or security reasons. If you keep using the Service after a change takes effect, the new Terms apply; if you don't agree, close your account.

24. Governing law and disputes

These Terms are governed by the law of [JURISDICTION], and its courts can hear disputes about them. If you live somewhere else, you keep the protection of the consumer law where you live.

Before going to court, please write to us at [SUPPORT EMAIL] and give us a reasonable chance to sort it out.

25. General

These Terms and the pages they name are the whole agreement between us about the Service. If part of them can't be enforced, the rest still applies. Not enforcing a term isn't giving it up. You can't transfer these Terms; we may transfer them to someone who takes over the business, and we'll tell you. Notices to you go to your account email; notices to us go to [SUPPORT EMAIL].

26. Contact

[LEGAL ENTITY], [REGISTERED ADDRESS], [SUPPORT EMAIL]. Or use the contact page.