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This User Agreement for the Website shall come into effect on 0000 hours India Standard Time 1 October, 2018.
This document is an electronic record in terms of Information Technology Act, 2000 and rules there under as applicable and the amended provisions pertaining to electronic records in various statutes as amended by the Information Technology Act, 2000. This electronic record is generated by a computer system and does not require any physical or digital signatures.
This user agreement ("User Agreement"), the Mobile devices terms and all policies and additional terms posted on and in our sites, applications, tools and services (collectively "Services") set out the terms on which eBay offers You access to and use of our Services, including access or usage of www.ebay.in website (the "Website"). The Mobile devices terms, all policies and additional terms posted on and in our sites, applications, tools, and services are incorporated into this User Agreement. You agree to comply with all of the terms of this User Agreement when accessing or using our Services.
If You transact on any eBay website other than the Website, You shall be subject to the policies that are applicable to the eBay sites for such transaction.
The entity You are contracting with is: eBay Inc., 2025 Hamilton Ave., San Jose, CA 95125, if You reside in the United States; eBay (UK) Limited, 5 New Street Square, London, EC4A 3TW, United Kingdom, if You reside in the United Kingdom; eBay GmbH, Albert-Einstein-Ring 2-6, 14532 Kleinmachnow, Germany, if You reside outside the United Kingdom but within the European Union; eBay Canada Limited, 500 King Street West, Suite 200, Toronto, ON M5V 1L9, Canada, if You reside in Canada; eBay Singapore Services Private Limited, 10 Collyer Quay, #10-01 Ocean Financial Centre, Singapore 049315, if You reside in India; and eBay Marketplaces GmbH eBay International AG, Helvetiastrasse 15/17, 3005, Bern, Switzerland, if You reside in any other country. In this User Agreement, these entities are individually and collectively referred to as "eBay," "we," or "us."
For the purpose of the User Agreement, Registered User / Guest User and wherever the context so require, ‘You’ shall mean any natural or legal person who has agreed to become a member of the Website by providing true, accurate, current and complete information while registering on the Website (such information being the "Registration Data") as Registered User / Guest User using the computer systems of the Website and who has accepted this electronic version / electronic record of the User Agreement and allocated himself/herself a unique identification user name ("User ID" and "Password") to become Registered User or have been identified as Guest User by providing cell number and email id.
As a new Registered User/ Guest User, this User Agreement shall be effective and binding upon Your ‘acceptance’. ‘Acceptance’ shall mean Your affirmative action in clicking on ‘check box’ and on the ‘continue button’ as provided on the registration page or clicking on ‘Pay Now’ button while transacting as Guest User or such other actions that implies Your acceptance. Similarly, any use/access of the Website will indicate Your acceptance of the terms and conditions of the Website including this User Agreement. If You do not agree or are not willing to be bound by the terms and conditions of this User Agreement and eBay Rules and Policies , please do not click on the "check box " and on the "continue" button or "Pay Now" button and do not seek to obtain access to or otherwise use the Website.
Please be advised that this User Agreement inter-alia contains provisions that govern how claims which You and we may have against each other are resolved (see Disclaimer of Warranties; Limitation of Liability and Legal Disputes provisions below).
eBay is a marketplace that allows Users to offer, sell and buy products in a variety of pricing formats and locations. The actual contract for sale is directly between the seller and buyer. eBay is not a traditional auctioneer and is merely a platform facilitating the interaction of the Users with one another.
While we may provide information on pricing, shipping, listing, sourcing, after sale services and other guidance in our Services, such guidance is solely informational and You may decide to follow it or not. Also, while we may help facilitate the resolution of disputes through various programs, eBay has no control over and does not guarantee or advise inter-alia the existence, quality, price, 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.
In connection with using or accessing the Services You will not:
Sellers must meet eBay's minimum performance standards. Failure to meet these standards may result in eBay charging You additional fees, and/or limiting, restricting, suspending, or downgrading Your seller account.
If we believe You are abusing eBay and/or our Services in any way, we may, in our sole discretion and without limiting other remedies, limit, suspend, or terminate Your User account(s) and access to our Services, delay or remove hosted content, remove any special status associated with Your account(s), remove, not display, and/or demote listings, reduce or eliminate any discounts, and take technical and/or legal steps to prevent You from using our Services.
We may cancel unconfirmed accounts or accounts that have been inactive for a long time or modify or discontinue our Services. Additionally, we reserve the right to refuse or terminate all or part of our Services to anyone for any reason at our discretion.
When a buyer or seller issue arises, we reserve the right to consider the User's performance history and the specific circumstances in applying our policies to resolve the issue.
Membership on the Website is free. Where applicable, the fees we charge for using other Services (other than Services for listing and purchase transactions on the Website which is currently disabled) will be listed on our Fee schedule page for the relevant eBay site. Unless otherwise indicated, we may change our seller fees from time to time by posting the changes on the relevant eBay site 14 days in advance, but with no advance notice required for temporary promotions or any changes that result in the reduction of fees.
If You are a seller, You are liable to pay transaction fees arising out of each sale made using some or all eBay Services, even if sales terms are finalized or payment is made outside of eBay.
You must pay all fees and applicable taxes associated with our Services by the payment due date. We may require you to have a payment method on file when selling through eBay Services. If Your payment method fails or Your account is past due, we may collect amounts owed by charging other payment methods on file with us, retain collection agencies and legal counsel, and, for accounts over 60 days past due, request that PayPal deduct the amount owed from Your PayPal account balance. In addition, You will be subject to late fees. eBay, or the collection agencies we retain, may also report information about Your account to credit bureaus, and as a result, late payments, missed payments, or other defaults on Your account may be reflected in Your credit report.
Seller fees don't purchase exclusive rights to item exposure on eBay, whether on a web page, mobile app, or otherwise. We may, in our sole discretion and without consent from, or payment, fee reduction, or other credit to, sellers, display third-party advertisements (including links and references thereto) or other content in any part of our Services. eBay does not endorse any third-party advertisements and/or content or take any responsibility for the products and services offered by any third party. Further, eBay does not take any responsibility whatsoever for Your use or access of any third-party advertisements or links or other content.
Listings on the Website are currently disabled. When listing an item on eBay international sites other than the Website and subject to the paragraph below on International Buying and Selling, You agree to comply with eBay's Listing policies and Selling practices policy (as may be applicable to those eBay international sites) and acknowledge that:
Purchase transactions on the Website are currently disabled. When buying an item on eBay international sites other than the Website and subject to the paragraph below on International Buying and Selling, You agree to the rules and policies for buyers (as may be applicable to those eBay international sites) and acknowledge that:
Use of the Website
You agree, undertake and confirm that Your use of the Website shall be strictly governed by the following binding principles:
You represent and confirm that You shall be the sole and exclusive legal owner of all items, goods or products of any description that You wish to offer for sale on any eBay website. You shall have absolute right, title and authority to deal in and offer for sale such items, goods or products.
In the event that any transaction or attempted transaction relating to any item, good or service which is violative of this User Agreement or applicable law comes to Your knowledge, You shall take all steps to inform eBay of the same. If You are a Registered User, You may contact eBay at here.
You shall not, either alone or in conjunction with other Users, manipulate or attempt to manipulate the prices of any item or services being sold or purchased on any eBay website as per the applicable Shill Bidding Policy enclosed and detailed in the following link which is incorporated by way of reference in this Agreement.
You shall at all times ensure full compliance with the applicable provisions of the IT Act, 2000 and rules thereunder as applicable and as amended from time to time and also all applicable domestic laws, rules and regulations (including the provisions of any applicable exchange control laws or regulations in force) and international laws, foreign exchange laws, statutes and ordinances (including, but not limited to Income Tax, Octroi, Goods and Services Tax, Custom Duty, Local Levies) regarding Your use of our Services and Your bidding on, listing, purchase, solicitation of offers to purchase, and sale of items or services. You shall not engage in any transaction in an item or service, which is prohibited by the provisions of any applicable law including exchange control laws or regulations for the time being in force. In particular You shall ensure that if any of Your items listed on eBay qualifies as an "Antiquity" or "Art treasure" as defined in the Antiquities And Art Treasures Act, 1972 ("Artwork"), You shall indicate that such Artwork is "non-exportable" and sold subject to the provisions of the Antiquities And Art Treasures Act, 1972, and shall ensure that it is not delivered to any winning bidder/buyer (as defined under the bidding and buying section) at any place outside India.
From time to time, You shall be responsible for providing information relating to the items or services proposed to be sold by You. In this connection, You undertake that all such information shall be accurate in all respects. You shall not exaggerate or over emphasize the item-specifics of such items or services so as to mislead other Users in any manner.
You shall not attempt to or circumvent or manipulate our Fee structure, the billing process or Fees owed to eBay.
International Buying and Selling; Translation
Many of our Services are accessible to international sellers and buyers. We may offer certain programs, tools, and site experiences of particular interest to international sellers and buyers, such as estimated local currency conversion and international shipping calculation tools. Sellers and buyers are responsible for complying with all laws and regulations applicable to the international sale, purchase, and shipment of items. If You purchase an item on an eBay site other than the Website, You are subject to the User Agreement of that other eBay site with respect to that particular purchase.
You may list Your items directly on one or more of eBay's international sites. Additionally, You may direct us to display Your listing on eBay sites other than the original eBay listing site, including where You choose to list an item with an international shipping option (such as worldwide shipping); the appearance of Your listings on these sites is not guaranteed. When You sell Your items internationally, You agree to be subject to that other site's User Agreement, policies, and International Selling Policy.
You may restrict international buyers from purchasing your items if you explicitly exclude international shipping from your listings and apply an exclusion list to your listings.
You represent and warrant that You have all necessary registrations and licenses for undertaking any international transactions and, You further undertake and covenant to obtain and have in place valid consents, license and registrations for undertaking any international transactions.
You authorize us to use automated tools to translate Your eBay content and member-to-member communications, in whole or in part, into local languages where such translation solutions are available. We may provide You with tools which will enable You to translate content at Your request. The accuracy and availability of any translation are not guaranteed.
When providing content using the Services (directly or indirectly), You grant us a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, sublicensable (through multiple tiers) right to exercise any and all Intellectual Property Rights (as defined above) You have in that content in connection with our provision, expansion, and promotion of the Services, in any media known now or developed in the future. To the fullest extent permitted under applicable law, You waive Your right to enforce against eBay, our assignees, our sublicensees, and their assignees Your Intellectual Property Rights in that content in connection with our assignees', and sublicensees' use of that content in connection with our provision, expansion, and promotion of the Services.
You represent and warrant that, for all such content You provide, You own or otherwise control all necessary rights to do so and to meet Your obligations under this User Agreement. You represent and warrant that such content is accurate. You represent and warrant that use of any such content (including derivative works) by us, our Users, or others in contract with us, and in compliance with this User Agreement, does not and will not infringe any Intellectual Property Rights of any third party. eBay takes no responsibility and assumes no liability for any content provided by You or any third party.
We offer product data (including images, descriptions and specifications) that are provided by third parties (including eBay Users). You may use that content solely in Your eBay listings. eBay may modify or revoke that permission at any time in our sole discretion. The product data includes copyrighted, trademarked and other proprietary materials. You agree not to remove any copyright, proprietary, or identification markings in the product data and not to create any derivative works based on that data (other than by including the data in Your listings).
We try to offer reliable product data, but cannot promise that the content provided through the Services will always be available, accurate, complete, and up-to-date. You agree that eBay is not responsible for examining or warranting the listings or content provided by third parties through the Services, and that You will not attempt to hold us or our data providers liable for inaccuracies. As a seller, You agree to ensure that content directly associated with Your listings is true, correct, accurate and not misleading / violative of the provisions of this User Agreement and/or applicable laws.
The name "eBay" and other eBay marks, logos, designs, and phrases that we use in connection with our Services are trademarks, service marks, or trade dress of eBay in the U.S. and other countries. They may not be used without the express written prior permission of eBay.
eBay'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 VeRO team through our Verified Rights Owner (VeRO) Programme and we will investigate.
To protect eBay from risk of liability for Your actions as a seller, eBay has at times recommended, and may continue to recommend, 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, transaction value, or the filing of an eBay Money Back Guarantee case. This may result in PayPal restricting funds in Your PayPal account.
Authorization to Contact You; Recording Calls; Analyzing Message Content
eBay may contact You using autodialed or prerecorded calls and text messages, at any telephone number that You have provided us, to: (i) notify You regarding Your account; (ii) troubleshoot problems with Your account; (iii) resolve a dispute; (iv) collect a debt; (v) poll Your opinions through surveys or questionnaires; or (vi) as otherwise necessary to service Your account or enforce this User Agreement, our policies, applicable law, or any other agreement we may have with You. eBay may also contact You using autodialed or prerecorded calls and text messages for marketing purposes (e.g., offers and promotions), if You consent to such communications. Our collection, use, disclosure, retention, and protection of Your personal information is governed by the User Privacy Notice. As described in our User Privacy Notice, eBay may collect other telephone numbers for You and may place manual non-marketing calls to any of those numbers and autodialed non-marketing calls to any landline. Standard telephone minute and text charges may apply and may include overage fees if You have exceeded Your plan limits. If You do not wish to receive such communications, You may change Your communications preference at any time, including through the communication preferences section of Your ‘My eBay’.
eBay may share Your telephone number with its authorized service providers as stated in our User Privacy Notice. These service providers may contact You using autodialed or prerecorded calls and text messages, only as authorized by eBay to carry out the purposes identified above.
eBay may, without further notice or warning and in its discretion, monitor or record telephone conversations You or anyone acting on Your behalf has with eBay or its agents for quality control and training purposes, or for its own protection.
eBay's automated systems scan and analyze the contents of every message sent through its messages platform, including messages between Users, to detect and prevent fraudulent activity or violations of eBay's User Agreement, including the incorporated terms, notices, rules, and policies. This scanning and analysis may occur before, during, or after the message is sent, or while in storage, and may result in Your message being delayed or withheld. eBay may store message contents, including to conduct this scanning and analysis.
Privacy of Others; Marketing
If eBay provides You with information about another User, You agree You will use the information only for the purposes that 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 or for purposes other than those for which the information has been provided to You. 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.
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 the 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 eBay site. You are subject to any posted policies or rules applicable to Services You use when using particular services on our sites.
Buyer Protection for transactions on other eBay sites:
Any person who, knowingly and with intent to injure, defraud or deceive, files a fraudulent complaint containing false, incomplete, or misleading information may be guilty of a criminal offence and will be prosecuted to the fullest extent of the applicable law.
If You list Your items for sale internationally and/or otherwise offer to make Your products available to buyers in other countries, You may be subject to the policies that are applicable to the eBay sites on which You list or where Your items appear. Specifically, the eBay Buyer Protection Policy of the site where the buyer buys the product may apply to Your transaction.
We may require sellers to comply with resolution process under the applicable eBay Buyer Protection Policy of other eBay sites. Sellers hereby permit eBay to make a final decision, at its sole discretion, on any claim that a buyer files with eBay under the applicable eBay Buyer Protection Policy of the eBay site if the buyer and seller do not reach resolution, and the seller does not provide information requested by eBay. If a dispute is resolved in the buyer's favor, the buyer will be granted a refund for the cost of the item and the original shipping as described in the applicable eBay Buyer Protection Policy of other eBay sites, eBay reserves the right to require a seller to reimburse eBay for such refund. Sellers must have a reimbursement method on file with eBay. eBay reserves the rights to at its sole discretion to recover the refund from the seller and/or apply certain restrictions or suspension of seller privileges for the seller’s transactions on the Website or other eBay sites.
Disclaimer of Warranties; Limitation of Liability
We try to keep our Services safe, secure, and functioning properly, but we cannot guarantee the continuous operation of or access to our Services. Bid update and other notification functionality in eBay's applications may not occur in real time. Such functionality is subject to delays beyond eBay's control.
You agree that You are making use of our Services at Your own risk, and that they are being provided to You on an "AS IS" and "AS AVAILABLE" basis. Accordingly, to the extent permitted by applicable law, we exclude all express or implied warranties, terms and conditions including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, and non-infringement.
In addition, to the extent permitted by applicable law, we (including our parent, subsidiaries, and affiliates, and our and their officers, directors, agents and employees) are not liable, and You agree not to hold us responsible, for any damages or losses (including, but not limited to, loss of money, goodwill or reputation, profits, other intangible losses, or any special, indirect, or consequential damages) resulting directly or indirectly from:
In no event shall we or our suppliers, affiliates and service providers be liable for any direct, indirect, incidental, special, incidental, consequential or exemplary damages, including but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses arising out of or in connection with your access or use of the Website, or the Services or this User Agreement (however arising, including negligence).
Regardless of the previous paragraphs, if we are found to be liable, our liability to You or to any third party is limited to (a) the amount of fees in dispute not to exceed the total fees, which You paid to us in the 12 months immediately prior to the action giving rise to the liability, or) US$100.
If You have a dispute with one or more Users, You release us (and our affiliates and subsidiaries, and our and their respective officers, directors, employees and agents) 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. In entering into this release You expressly waive any protections (whether statutory or otherwise) that would otherwise limit the coverage of this release to include only those claims which You may know or suspect to exist in Your favor at the time of agreeing to this release.
You will indemnify and hold us (including our affiliates and subsidiaries, as well as our and their respective officers, directors, employees, agents) harmless from any claim or demand, including reasonable legal fees, made by any third party due to or arising out of Your breach of this User Agreement and/or any of the eBay policies, Your improper use of eBay's Services or Your breach of any law or the rights of a third party.
None of the provisions of the User Agreement shall be deemed to constitute a partnership or agency or any relationship other than contemplated under this User Agreement, between You and eBay and You shall have no authority to bind eBay in any manner whatsoever. Your relationship with eBay is on a principal to principal basis and by Your acceptance of this User Agreement, You agree that eBay is an independent contractor for all purposes, and does not have control of or liability for the products or services that are listed on the Website.
Except as explicitly stated otherwise, any notices shall be given by postal mail on behalf of eBay to eBay Singapore Services Private Limited, Attn: Legal Department, at 10 Collyer Quay, #10-01 Ocean Financial Centre, Singapore 049315 (in the case of eBay) or to the email address You provide to us during the registration process (in Your case). Notice shall be deemed given 24 hours after email is sent, unless the sending party is notified that the email address is invalid. Alternatively, we may give You notice by certified mail, postage prepaid and return receipt requested, to the address provided to us during the registration process. In such case, notice shall be deemed given 3 days after the date of mailing.
If any clause of the User Agreement shall be deemed invalid, void or for any reason unenforceable, such clause shall be deemed severable and shall not affect the validity and enforceability of the remaining clauses of the User Agreement.
This Agreement and the eBay policies referenced herein set forth the entire understanding and agreement between You and eBay with respect to the subject matter hereof.
We may amend this Agreement at any time by posting the amended terms on this site. Our right to amend the User Agreement includes the right to modify, add to, or remove terms in the User Agreement. We will provide you with 30 days’ notice by posting the amended terms. Additionally, we will notify you through the eBay Message Center and/or by email. Your continued access or use of our Services constitutes your acceptance of the amended terms. We may also ask you to acknowledge your acceptance of the User Agreement through an electronic click-through. This User Agreement may not otherwise be amended except through mutual agreement by you and an eBay representative who intends to amend this User Agreement and is duly authorized to agree to such an amendment.
The policies posted on our sites may be changed from time to time. Changes take effect when we post them on the eBay site.
In eBay’s sole discretion, eBay may transfer its rights and obligations (also known as "assign") under this Agreement without Your prior express consent, provided that eBay assigns the Agreement on the same terms or terms that are no less advantageous to You.
In accordance with IT Act, 2000 and rules made there under, the name and contact details of the Grievance Officer is published on the Website.
If a dispute arises between You and eBay, we strongly encourage You to first contact us directly to seek a resolution of the dispute by addressing the dispute to the Grievance Officer. Failing resolution through the Grievance Officer, the dispute shall be referred to a sole arbitrator who shall be an independent and neutral third party identified and appointed by eBay. The place of arbitration shall be Mumbai, India. The Arbitration & Conciliation Act, 1996, shall govern the arbitration proceedings. The arbitration proceedings shall be in the English language. The award of the arbitration proceedings shall be final and binding on the parties to the dispute. The arbitrator shall also decide upon the costs of the arbitration proceedings.
Any claim, dispute or matter arising under or in connection with this User Agreement shall be governed by and construed in all respects by the laws of India.
This document is an electronic record in terms of Information Technology Act, 2000 and the amended provisions pertaining to electronic records in various statutes as amended by the Information Technology Act, 2000. This electronic record is generated by a computer system and does not require any physical or digital signatures.
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