 |
The following describes the terms on which eBay offers you access to our services.
Introduction
Welcome to eBay. By using eBay (including eBay.com.hk and its related sites, services and tools), you agree to the following terms, including those available by hyperlink, with eBay International AG, and the general principles for the websites of our subsidiaries and international affiliates. If you have any questions, please refer to our Help section.
This Agreement is effective on 7 October 2010 for current users, and immediately upon acceptance by new users.
Scope
| Before you may become a member of eBay, you must read and accept all of the terms and conditions in, and linked to, this User Agreement and the eBay Privacy Policy. We strongly recommend that, as you read this User Agreement, you also access and read the linked information. By accepting this User Agreement, you agree that this User Agreement and Privacy Policy will apply whenever you use eBay sites and services, or when you use the tools we make available to interact with eBay sites and services. If you use another eBay site, you agree to accept the User Agreement and Privacy Policy applicable to that site. The agreement that applies on any of our domains and sub-domains is always the agreement that appears in the footer of each website. Some eBay sites, services and tools may have additional or other terms that we provide to you when you use those sites, services or tools. |
Using eBay
While using eBay, services and tools you will not:
- post content or items in an inappropriate category or areas on our sites or services;
- violate any laws, third party rights, or our policies such as the Prohibited and Restricted Items policies;
- use our sites or services if you are not able to form legally binding contracts, are under the age of 18, or are temporarily or indefinitely suspended from our sites;
- fail to deliver payment for items purchased by you, unless the seller has materially changed the item's description after you bid, a clear typographical error is made, or you cannot authenticate the seller's identity;
- fail to deliver items purchased from you, unless the buyer fails to meet the posted terms, or you cannot authenticate the buyer's identity;
- manipulate the price of any item or interfere with other user's listings;
- circumvent or manipulate our fee structure, the billing process, or fees owed to eBay;
- post false, inaccurate, misleading, defamatory, or libelous content (including personal information);
- take any action that may undermine the feedback or ratings systems (such as displaying, importing or exporting feedback information off of the sites or for using it for purposes unrelated to eBay);
- transfer your eBay account (including feedback) and User ID to another party without our consent;
- distribute or post spam, chain letters, or pyramid schemes;
- distribute viruses or any other technologies that may harm eBay, or the interests or property of eBay users;
- copy, modify, or distribute content from the sites and eBay's copyrights and trademarks; or
- harvest or otherwise collect information about users, including email addresses, without their consent.
Abusing eBay
eBay and the Community work together to keep our sites and services working properly and the Community safe. Please report problems, offensive content, and policy violations to us.
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) Program and we will investigate.
Without limiting other remedies, we may limit, suspend, or terminate our service and user accounts, prohibit access to our sites and their content, delay or remove hosted content, and take technical and legal steps to keep users off the sites if we think that they are creating problems or possible legal liabilities, infringing the intellectual property rights of third parties, or acting inconsistently with the letter or spirit of our policies ( for example, and without limitation, policies related to shill bidding, conducting off-eBay transactions, feedback manipulation, circumventing temporary or permanent suspensions or users who we believe are harassing our employees or other users). Additionally, we may, in appropriate circumstances and at our discretion, suspend or terminate accounts of users who may be repeat infringers of intellectual property rights of third parties . We also reserve the right to cancel unconfirmed accounts or accounts that have been inactive for a long time.
Buyer Protection
Buyers and sellers share the responsibility for making sure purchases facilitated by eBay are exciting, rewarding and hassle-free. We strongly encourage buyers to work with sellers before opening a claim relating to a purchase. Buyers and sellers agree to follow the requirements of the applicable eBay Buyer Protection Policy with respect to claims. eBay Buyer Protection covers only claims filed in accordance with the applicable eBay Buyer Protection Policy, not claims filed with PayPal. eBay Buyer Protection including the general principles, policies and process is part of this User Agreement and is incorporated by reference. By listing or transacting on an eBay site, you agree and accept the eBay Buyer Protection Policy applicable to that eBay site.
If you list your items for sale internationally and/or otherwise offer to make your products available to buyers in other countries, you will be subject to the User Agreement and other 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 will apply to your transaction.
We require sellers to comply with our resolution process under the applicable eBay Buyer Protection Policy. Buyers and s ellers permit us to make a final decision, in our sole discretion, on any claim that a buyer files with eBay under the applicable eBay Buyer Protection Policy if the buyer and seller do not reach resolution, and the seller does not provide information requested by eBay. If we resolve a dispute in the buyer's favor, we will refund the buyer for the full cost of the item (including any applicable sales taxes) and the original shipping as described in the applicable eBay Buyer Protection Policy, and we will require the seller to reimburse eBay for the amount due to buyer . In addition,
- Sellers must have a reimbursement method on file with eBay.
- For transactions paid with PayPal, sellers agree to allow us to remove funds from their PayPal accounts to reimburse buyers. Sellers may change this reimbursement method by contacting eBay . eBay however reserves the right to continue using seller 's previous reimbursement method for eBay Buyer Protection cases associated with eBay transactions paid for before such change becoming effective.
- When there are insufficient funds in PayPal accounts, transactions are not paid with PayPal, or when PayPal is not the reimbursement method of a seller, we will require another reimbursement method.
- Sellers agree to allow us to charge the payment method they designate for amounts due to buyers .
Changing a reimbursement method will not affect eBay's use of a payment method on file for other purposes (such as payment of your eBay fees). If sellers do not provide eBay with a valid reimbursement method, eBay may collect amounts owed using other collection mechanisms, including retaining collection agencies. We may also suspend or restrict sellers from trading on our sites until payment is made.
- Correcting Mistakes in Payments to Buyers or Sellers. We reserve the right to fix any processing errors we discover. We will correct any processing errors by debiting or crediting the payment method used for the erroneous eBay Buyer Protection refund or reimbursement.
Holds
To protect against the risk of liability, payments that sellers receive from eBay transactions through PayPal may be subject to holds. PayPal has held, and will continue to hold, seller funds pursuant to the terms of the PayPal User Agreement, PayPal policies and any other agreement entered into between PayPal and its users.
Fees and Services
Joining eBay and bidding on listed items is free. We do charge fees for using other services, such as listing items or when you use other services or tools that may be provided by eBay . When you list an item or use a service that has a fee , you have an opportunity to review and accept the fees that you will be charged based on our Fees schedule or as specified on other eBay sites , which we may change from time to time. Changes to that Policy are effective after we provide you with at least fourteen days' notice by posting the changes on the eBay site. We may choose to temporarily change the fees for our services for promotional events (for example, free listing days) or new services, and such changes are effective when we post the temporary promotional event or new service on the site.
Unless otherwise stated, all fees are quoted in Hong Kong Dollars. You are responsible for paying all fees and applicable taxes associated with our sites and services in a timely manner with a valid payment method. If your payment method fails or your account is past due, we may collect fees owed using other collection mechanisms and may at any time and at our sole discretion, limit, suspend, or terminate our service and user accounts, prohibit access to our sites and their content, delay or remove hosted content for any sums due from you to eBay . (This includes charging other payment methods on file with us, retaining collection agencies and legal counsel, and for accounts over 180 days past due, deducting the amount owed from your PayPal account balance.)
If you reside in India and have opted to receive your invoice in a currency other than Indian Rupees, you will receive all invoices from eBay India Private Limited in the currency as selected by you. You shall make payment of these invoices in the name of eBay International AG, a company incorporated under Swiss laws and having its principal place of business at Helvetiastrasse 15/17, CH-3005 Bern, Switzerland. Your payment to eBay International AG should be in a currency other than Indian Rupees and should be from a bank account other than an Indian bank account or from a credit card other than those issued by Indian banks. You shall be solely responsible for compliance of all applicable laws including those in India for making payment to eBay International AG. Your payment to eBay International AG made in full compliance of all applicable laws shall be sufficient to discharge you from your obligations towards eBay India Private Limited regarding payment under these invoices.
Content
When you give us content, you grant us a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, sublicensable (through multiple tiers) right to exercise any and all copyright, publicity, and database rights (but no other rights) you have in the content, in any media known now or in the future.
For the convenience of sellers, we may offer catalogs of stock images, descriptions and product specifications that are provided by third-parties (including eBay users). You may use catalog content solely in connection with your eBay listings during the time your listings are on eBay's sites.
While we try to offer reliable data, we cannot promise that the catalogs will always be accurate and up-to-date. You agree that you will not hold our catalog content providers or us responsible for inaccuracies in their catalogs.
If you choose to include catalog content in your listings, you will be responsible for ensuring that your listings are accurate and do not include misleading information, and comply with this User Agreement and all eBay policies. The catalogs may include copyrighted, trademarked or other proprietary materials.
You agree not to remove any copyright, proprietary or identification markings included with the catalogs
or create any derivative works based on catalog content (other than by including them in your listings).
Limitation of Liability
You will not hold eBay responsible for other users' content, actions or inactions, or items they list or their destruction of allegedly fake items. You acknowledge that we are not a traditional auctioneer. Instead, our Sites are venues to allow anyone to offer, sell, and buy just about anything, at anytime, from anywhere, in a variety of pricing formats and venues, such as stores, fixed price formats and auction-style formats. We are not involved in the actual transaction between buyers and sellers. We have no control over and do not guarantee the quality, safety or legality of items advertised, the truth or accuracy of users' content or listings, the ability of sellers to sell items, the ability of buyers to pay for items, or that a buyer or seller will actually complete a transaction or return an item.
We do not transfer legal ownership of items from the seller to the buyer. Unless the buyer and the seller agree otherwise, the buyer will become the item's lawful owner upon physical receipt of the item from the seller. Further, we cannot guarantee continuous or secure access to our services, and operation of the sites may be interfered with by numerous factors outside of our control. Accordingly, to the extent legally permitted, we exclude all implied warranties, terms and conditions. We are not liable for any loss of money, goodwill, or reputation, or any special, indirect, or consequential damages arising out of your use of our sites and services.
Some jurisdictions do not allow the disclaimer of warranties or exclusion of damages, so such disclaimers and exclusions may not apply to you.
Regardless of the previous paragraph, if we are found to be liable, our liability to you or to any third party is limited to the greater of (a) the total fees (under eBay Fees and Services) you paid to us in the 12 months prior to the action giving rise to the liability, and (b) HK$800. |
Release
If you have a dispute with one or more users, 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.
Access and Interference
The sites contain robot exclusion headers. Much of the information on the sites is updated on a real-time basis and is proprietary or is licensed to eBay by our users or third parties. You agree that you will not use any robot, spider, scraper or other automated means to access the sites for any purpose without our express written permission.
Additionally, you agree that you will not:
-
take any action that imposes or may impose (in our sole discretion) an unreasonable or disproportionately large load on our infrastructure;
-
copy, reproduce, modify, create derivative works from, distribute, or publicly display any content (except for Your Information) from the sites without the prior expressed written permission of eBay and the appropriate third party, as applicable;
-
interfere or attempt to interfere with the proper working of the sites or any activities conducted on the sites; or
-
bypass our robot exclusion headers or other measures we may use to prevent or restrict access to the sites.
Privacy
We do not sell or rent your personal information to third parties for their marketing purposes without your explicit consent. We use your information only as described in the eBay Privacy Policy . We view protection of users' privacy as a very important community principle. We store and process your information on computers located in the United States that are protected by physical as well as technological security devices. You can access and modify the information you provide us and choose not to receive certain communications by signing-in to your account. We use third parties to verify and certify our privacy principles. For a complete description of how we use and protect your personal information, see the eBay Privacy Policy . If you object to your Information being transferred or used in this way please do not use our services.
Indemnity
| You will indemnify and hold us (and our officers, directors, agents, subsidiaries, joint ventures and employees), harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of your breach of this Agreement, or your violation of any law or the rights of a third party. |
No Agency
No agency, partnership, joint venture, employee-employer or franchiser-franchisee relationship is intended or created by this Agreement.
Notices
Except as explicitly stated otherwise, any legal notices shall served on eBay International AG via registered mail, c/o eBay Inc, at the address: Legal Department, 2145 Hamilton Ave., San Jose, CA 95125 (Ref: eBay.com.hk) (in the case of eBay) or to the email address you provide to eBay 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 legal notice by mail to the address provided during the registration process. In such case, notice shall be deemed given three days after the date of mailing unless otherwise required by law.
Resolution of Disputes
If a dispute arises between you and eBay, our goal is to provide you with a neutral and cost effective means of resolving the dispute quickly. Accordingly, you and eBay agree that we will resolve any claim or controversy at law or equity that arises out of this Agreement or our services (a "Claim") in accordance with one of the subsections below or as we and you otherwise agree in writing. Before resorting to these alternatives, we strongly encourage you to first contact us directly to seek a resolution by going to the About Customer Support help page. We will consider reasonable requests to resolve the dispute through alternative dispute resolution procedures, such as mediation or arbitration, as alternatives to litigation.
-
Law and Forum for Disputes - This Agreement shall be governed in all respects by the laws of Hong Kong . The laws of Hong Kong are applicable to agreements stipulated by Hong Kong residents and completely executed in Hong Kong . You agree that any claim or dispute you may have against eBay must be resolved by a court located in Hong Kong, except as otherwise agreed by the parties or as described in the Arbitration Option paragraph below. You agree to submit to the personal jurisdiction of the courts located within Hong Kong for the purpose of litigating all such claims or disputes. Any one party can initiate legal procedure in courts under Hong Kong jurisdiction 30 days after any one party files notice to another party, and when no arbitration is filed within these 30 days.
- Arbitration Option -
For any claim (excluding claims for injunctive or other equitable relief) where the total amount of the award sought is less than HK$80,000, you or eBay may elect to resolve the dispute through binding non-appearance-based arbitration. In the event a party elects arbitration, the arbitration can be preceded through the Short Form Arbitration Rules in accordance with the Hong Kong International Arbitration Centre. But in the case when the above mentioned rules disagree with the terms of this Agreement, the arbitration shall be preceded in accordance with this Agreement, or in accordance with the guidance of the arbitrators. Upon written mutual agreement, the arbitration can be proceeded by any party entitled to proceed arbitration. The ruling of the arbitrators can be recorded in the courts of any jurisdictions.
- Improperly Filed Claims -
All claims between two parties (excluding compulsory requests when both parties agree that the request shall not contradict or undermine the effects of this Agreement on the binding effects of the arbitration agreement) must be resolved through the agreed dispute resolution mechanism started in this section. In case any party filing a lawsuit in violation of this section, the other party can claim legal and other costs on condition that the claiming party has issued notice to the other party, and that party has not withdrawn its claim.
|
Additional Terms
The following policies, including all policies references in them, are part of this Agreement and provide additional terms and conditions related to specific services offered on the sites:
Each of these policies may be changed from time to time. Changes take effect when we post them on the sites. When using particular services on the sites, you are subject to any posted policies or rules applicable to services you use through the sites, which may be posted from time to time. All such policies or rules are hereby incorporated into this Agreement. Your continued use of the sites after such changes have been posted constitutes your acceptance of the changes and your agreement to be bound by the revised policies.
General
If you reside within the European Union, your contract is with eBay Europe S.à r.l., located at 22-24 Boulevard Royal, L-2449 Luxembourg. The contracting entity for India domicile user is eBay India Private Limited, a company incorporated under Companies Act, 1956 (as applicable in India) and having its registered office at 101-B, Akruti Corporate Park, LBS Marg, Kanjurmarg (West), Mumbai 400079, Maharashtra (India). If you reside in the United States , your contract is with eBay Inc., 2145 Hamilton Ave. , San Jose , CA 95125 . In all other countries, services are offered by eBay International AG. eBay International AG is located at Helvetiastrasse 15/17, 3005, Bern , Switzerland .
If any provision of this Agreement is held to be invalid or unenforceable, such provision shall be struck and the remaining provisions shall be enforced. In our sole discretion, we may assign this Agreement in accordance with the Notices Section. Headings are for reference purposes only and do not limit the scope or extent of such section. Our failure to act with respect to a breach by you or others does not waive our right to act with respect to subsequent or similar breaches. We do not guarantee we will take action against all breaches of this Agreement.
We may amend this Agreement at any time by posting the amended terms on this site. Except as stated elsewhere, all amended terms shall automatically be effective 30 days after they are initially posted. Your continued use of our sites and services after such the changes become effective constitutes your acceptance of the changes and your agreement to be bound by the Agreement as revised. Additionally, we will notify you through the eBay Message Center . This Agreement may not be otherwise amended except in a writing signed by you and us.
This Agreement sets forth the entire understanding and agreement between us with respect to the subject matter hereof. The following sections survive any termination of this Agreement: Fees and Services (with respect to fees owed for our services), Release, Buyer Protection, Content License, Liability, Indemnity and Resolution of Disputes.
|
|
Live Help
