This User Agreement is effective upon acceptance for those users who accept it through registration of an eBay account, and from 15 June, 2015 for existing users.
This User Agreement, the User Privacy Notice, the Mobile Devices Terms and all policies posted on our sites set out the terms on which eBay offers you access to and use of our sites, services, applications and tools (collectively "Services"). You can find an overview of our policies here. All policies are incorporated into this User Agreement. You agree to comply with all of the above when accessing or using our Services. If you use another eBay site, you agree to accept and be bound by the terms of that site.
The entity you are contracting with is eBay Inc., 2065 Hamilton Ave., San Jose, CA 95125, if you reside in the United States. If you reside in the European Union, it is eBay Europe S.à r.l., 22-24 Boulevard Royal, L-2449 Luxembourg. If you reside in Canada, it is eBay Canada Limited, 500 King Street West, Suite 200, Toronto, ON M5V 1L9, Canada. If you reside in the United Kingdom, it is eBay (UK) Limited, 5 New Street Square, London, EC4A 3TW, United Kingdom. If you reside in any other country, it is eBay International AG, Helvetiastrasse 15/17, 3005, Bern, Switzerland.
Please be advised that this User Agreement contains provisions that govern how claims you and we 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 just about anything in a variety of pricing formats and locations. eBay does not have possession of anything listed or sold through eBay, and is not involved in the transaction between buyers and sellers. The actual contract for sale is directly between the sellers and buyers. eBay is not a traditional auctioneer.
While we may provide pricing, shipping, listing, and other guidance in our Services, such guidance is solely informational and you may decide to follow it or not. eBay does not review users' listings or content. Also, while we may help facilitate the resolution of disputes through various programs, eBay has no control over and does not guarantee the existence, 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.
In connection with using or accessing the Services, you will not:
post, list or upload content or items in inappropriate categories or areas on our sites;
breach or circumvent any laws, third party rights, or our systems, policies, or determinations of your account status;
sell any counterfeit items or otherwise infringe the copyright, trademark or other rights of third parties;
use our Services if you are not able to form legally binding contracts (for example if you are under 18), or are temporarily or indefinitely suspended from using our sites, services, applications or tools;
fail to pay for items purchased by you, unless you have a valid reason as set out in an eBay policy, for example, the seller has materially changed the item's description after you bid, a clear typographical error is made, or you cannot contact the seller (see our Unpaid item policy);
fail to deliver items sold by you, unless you have a valid reason as set out in an eBay policy, for example, the buyer fails to follow the posted terms or you cannot contact the buyer;
manipulate the price of any item or interfere with other user's listings;
post false, inaccurate, misleading, defamatory, or libellous content;
transfer your eBay account (including Feedback) and User ID to another party without our consent;
distribute or post spam, unsolicited or bulk electronic communications, chain letters, or pyramid schemes;
distribute viruses or any other technologies that may harm eBay, or the interests or property of users;
use any robot, spider, scraper or other automated means to access our Services for any purpose;
bypass our robot exclusion headers, interfere or attempt to interfere with the working of our Services, or take any action that imposes or may impose (in our sole discretion) an unreasonable or disproportionately large load on our infrastructure;
export or re-export any eBay application or tool except in compliance with the export control laws of any relevant jurisdictions and in accordance with posted rules and restrictions;
copy, modify, reproduce, perform, display, distribute, reverse engineer, or prepare derivative works from, content that belongs to or is licensed to eBay, or that comes from the sites or Servicesand belongs to another eBay user or to a third party including works covered by any copyrights, trademark, patent, or other intellectual property right, except with prior express permission of eBay and/or any other party holding the right to license such use;
commercialize any eBay application or any information or software associated with such application;
harvest or otherwise collect information about users without their consent; or
circumvent any technical measures we use to provide the Services.
If we believe you are abusing eBay 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 and 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 our Services to anyone for any reason at our discretion.
When a buyer or seller issue arises we may consider the user's performance history and the specific circumstances in applying our policies. We may choose to be more lenient with policy enforcement in an effort to do the right thing for both buyers and sellers.
Joining eBay and bidding on listed items is free. The fees we charge for using other Services are listed on our Fees schedule page. We may change our seller fees from time to time by posting the changes on the eBay site 14 days in advance, but advance notice is not required for temporary promotions.
Unless otherwise stated, all fees are quoted in Singapore Dollars.
You must have a payment method on file when selling on eBay, or put one on file before you next sell, and pay all fees and applicable taxes associated with our Services by the payment due date. If your payment method fails or your account is past due, we may collect fees owed by charging other payment methods on file with us, retaining collection agencies and legal counsel, and, for accounts over 180 days past due, instructing PayPal to 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.
When listing an item, you agree to comply with Rules for Listing, Rules and Policies for Selling Items on eBay and Selling Practices Policy and that:
you are responsible for the accuracy, content and legality of the listing and item offered;
your listing may not be immediately searchable by keyword or category for several hours (or up to 24 hours in some circumstances). eBay does not guarantee exact listing durations;
content that violates any of eBay's policies may be deleted at eBay's discretion;
we strive to create a marketplace where buyers find what they are looking for. Therefore, the appearance or placement of listings in search and browse results will depend on a variety of factors, including, but not limited to:
buyer's location, search query, browsing site, and history;
item's location, listing format, price and shipping cost, terms of service, end time, history, and relevance to the user query;
seller's history, including listing practices, Detailed Seller Ratings, eBay policy compliance, Feedback, and defect rate; and
number of listings matching the buyer's query;
Accordingly, to drive a positive user experience, a listing may not appear in some search and browse results regardless of the sort order chosen by the buyer.
some advanced listing upgrades will only be visible on certain Services.
When buying an item, you agree to the Rules for Buyers and that:
you are responsible for reading the full item listing before making a bid or commitment to buy.
you enter into a legally binding contract to purchase an item (except for motor vehicles and real estate) when you commit to buy an item or if you have the winning bid (or your bid is otherwise accepted);
for motor vehicles and real estate, a bid or offer initiates a non-binding transaction representing a buyer's serious expression of interest in buying the seller's item and does not create a formal contract between the buyer and the seller;
we do not transfer legal ownership of items from the seller to the buyer; and
if you purchase an item on an eBay site other than eBay.com.sg, you are subject to the User Agreement of that other eBay site with respect to that particular purchase.
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 sales, purchases, and shipment of items.
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), but acknowledge that 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 policies and eBay's 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.
If you are a seller you authorize us to use automated tools to translate your eBay content, in whole or in part, into local languages where such translation solutions are available. If you are a buyer, you may have access to tools which will enable you to translate content at your request. The accuracy and availability of any translation are not guaranteed and you should check your translated listing for accuracy.
When providing us with content or causing content to be posted using our Services, you grant us a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, sublicensable (through multiple tiers) right to use the content and to exercise any and all copyright, publicity, trademarks, database rights and other intellectual property rights you have in the content, in any media known now or developed in the future. Further, to the fullest extent permitted under applicable law, you waive your moral rights and promise not to assert such rights or any other intellectual property rights against us, our sublicensees, or our assignees.
You represent and warrant that none of the following infringe any rights mentioned in the preceding paragraph: your provision of content to us, your causing content to be posted using the Services, and use of any such content (including of works derived from it) by us, our users, or others in contract with us that is done in connection with the Services and in compliance with this User Agreement.
We may offer, license or otherwise make available to you catalogs including stock images, descriptions and product specifications that are provided by third-parties (including users). You may use catalog content solely in connection with your eBay listings. That permission is subject to modification or revocation at any time at eBay’s sole discretion.
While we try to offer reliable data, we cannot promise that the catalogs will always be accurate and up-to-date, and you agree that you will not hold our catalog providers or us responsible for inaccuracies in the 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).
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 determining to restrict funds in your PayPal account.
Privacy of Others; Marketing
If eBay provides you with information about another user you agree you will use the information only for the purposes 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. 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. When using particular services on our sites, you are subject to any posted policies or rules applicable to services you use, which may be posted from time to time. All such policies or rules are hereby incorporated into this Agreement.
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, loss of profits, intangible losses, special, direct, indirect, incidental or consequential damages or losses) resulting directly or indirectly from:
your use of, or your inability to use, our sites, services, applications or tools;
pricing, shipping or other guidance provided by eBay;
delays or disruptions in our Services;
viruses or other malicious software obtained by accessing, or linking to, our Services;
glitches, bugs, errors, or inaccuracies of any kind in our Services;
damage to your hardware device from the use of any eBay Service;
the content, actions or inactions of third parties, including items listed using our Services or the destruction of allegedly fake items;
a suspension or other action taken with respect to your account or breach of the Using eBay Section above;
the duration or manner in which your listings appear in search results as set out in the Listing Conditions Section above; or
your need to modify practices, content, or behaviour or your loss of or inability to do business, as a result of changes to this User Agreement or our policies.
You accept sole responsibility for the legality of your actions under laws applying to you and the legality of any items you list on any of our sites.
Although we use techniques that aim to verify the accuracy and truth of the information provided by our users, user verification on the Internet is difficult. eBay cannot and does not confirm, and is not responsible for ensuring, the accuracy or truthfulness of users' purported identities or the validity of the information which they provide to us or post on our sites.
Regardless of the previous paragraphs, if we are found to be liable, our liability to you or to any third party is limited to the greater of (a) the amount of fees in dispute, not to exceed the total fees which you paid to us in the 12 months prior to the action giving rise to the liability, or (b) S$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 favour at the time of agreeing to this release.
You will indemnify and hold us (and our affiliates and subsidiaries, and our and their respective officers, directors, employees and 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, your improper use of eBay’s Services or your breach of any law or the rights of a third party.
If a dispute arises between you and eBay, we strongly encourage you to first contact us directly to seek a resolution. Failing resolution through Customer Support, we will consider reasonable requests to resolve the dispute through alternative dispute resolution procedures, such as mediation or arbitration, as alternatives to litigation.
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 Singapore. You and eBay both agree to submit to the non-exclusive jurisdiction of the Singapore Courts.
Except as otherwise provided in this Agreement, if any provision of this User Agreement is held to be invalid, void or for any reason unenforceable, such provision shall be struck out and shall not affect the validity and enforceability of the remaining provisions.
In our sole discretion, we may assign this User Agreement, by providing notice of such assignment 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 User Agreement.
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.
If you create or use an account on behalf of a business entity, you represent that you are authorized to act on behalf of such business and bind the business to this User Agreement. Such account is owned and controlled by the business entity.
No agency, partnership, joint venture, employee-employer or franchiser-franchisee relationship is intended or created by this User Agreement.
The User Agreement, the User Privacy Notice, and all polices set forth the entire understanding and agreement between you and eBay and supersede all prior understandings and agreements of the parties.
A person who is not a party to this User Agreement has no right under the Contracts (Rights of Third Parties) Act, Chapter 53B to enforce any term of this User Agreement but this does not affect any right or remedy of a third party specified in this User Agreement or which exists or is available apart from that Act.
The following Sections survive any termination of this User Agreement: Fees, Content, Disclaimer of Warranties; Limitation of Liability, Release, Indemnity and Legal Disputes.