Update to the eBay User Agreement
The following describes the terms on which eBay offers you access to our services. IntroductionWelcome to eBay. These terms and conditions apply to the services available from the domain and sub-domains of http://www.ebay.ie (which include, but are not limited to, http://www.ebaymotors.ie), and from all other eBay branded websites provided for Irish users, (together, the "Site"). If you reside in the Republic of Ireland or another country that is a member of the E.U. you are contracting with eBay Europe S.à r.l., 15 rue Notre Dame, L-2240 Luxembourg. If you reside in a country that is not a member of the E.U. (but you do not reside in the U.S.A.), you are contracting with eBay International A.G. located at Helvetiastrasse 15/17, 3005 Bern, Switzerland. If you reside in the U.S.A. you are contracting with eBay Inc., 2145 Hamilton Ave., San Jose, CA 95125, USA. In this User Agreement, all eBay contracting parties are known as "eBay", "we", "us" or "our".Your use of our services is governed by the following terms and conditions, including those additional terms referred to in the "Additional terms" section below (which are accessible by click-through links and which form part of these terms and conditions), (together, the "User Agreement"). Before you can become a member of eBay, you must read and accept all of the terms and conditions of this User Agreement and each of the "Additional terms" referred to in this User Agreement. You should read through all the terms carefully. The User Agreement constitutes a legally binding agreement between you and eBay. This User Agreement is valid from 1 March 2007 and is effective upon acceptance for new users. Using eBayYou may not use the Site if you are under the age of 18 or you are not able to form legally binding contracts, or if your eBay membership has been suspended.While using the Site, you will not:
We will commence supplying our services to you as soon as you accept this User Agreement. Unless you and eBay agree otherwise, you will not be able to cancel this User Agreement under the Consumer Protection (Distance Selling) Regulations 2000 (or any equivalent legislation in your jurisdiction) once the supply of the services has commenced. Abusing eBayeBay and the eBay community work together to keep the site working properly and the community safe. Please report problems, offensive content, and policy breaches to us.eBay's Verified Rights Owner (VeRO) Programme works to ensure that listed items do not infringe upon the copyright, trade mark or other rights of third parties. If you believe that your rights have been infringed, please notify our VeRO team through our Verified Rights Owner (VeRO) Programme and we will investigate. Without limiting other remedies, we may issue you with warnings, limit, suspend, or terminate our services and your account(s), restrict your access to, and your activities on, the Site (including, without limitation, by cancelling bids and removing listings and other hosted content), warn the eBay community not to transact with you and/or take technical and legal steps to stop you from using the Site if:
You agree not to hold eBay responsible for any loss you may incur as a result of eBay taking any of the actions described above. No spamWe do not tolerate spam (unsolicited commercial communications). Please set your eBay notification preferences so we communicate to you as you prefer. You may not add other eBay users, even a user who has purchased an item from you, to your mailing list (e-mail or physical mail) without their consent.You may not use our communication tools to send spam or otherwise send content that would breach our User Agreement. We filter and automatically scan e-mail messages before they are sent via our communication tools for viruses and other illegal or prohibited content but we do not permanently store such messages. If you send an e-mail to an e-mail address that is not a registered eBay e-mail address belonging to an eBay member, we do not permanently store that e-mail or use that e-mail address for any marketing purpose. We do not rent or sell these e-mail addresses. To report spam from other eBay users, please contact eBay Customer Support. Using information about other eBay usersOur Site enables users to share personal and financial information in order to complete transactions. When users are involved in a transaction, they may obtain access to each other's name, User ID, email address, and other contact information, postal information and financial information. We cannot guarantee that other users will respect the privacy or security of your information and therefore we encourage you to evaluate the privacy and security policies of your trading partners before entering into transactions and choosing to share your information with them. Similarly, we ask you to respect other users' privacy and disclose your privacy and security policies to them. In all cases, you must give other users a chance to remove themselves from your database and a chance to review the information you have collected about them.You agree to use user information only in accordance with applicable laws and regulations (including, without limitation, data protection laws) and only for:
FeesJoining eBay and bidding on listed items is free. We do charge fees for using other services, such as listing items. 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 the eBay Fees Policy, which we may change from time to time. Changes to the fees will take effect 14 days after we notify you of them either by email, or via "My Messages", or via a posting on the Site's announcements board. 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 payable in GB pounds sterling. You are responsible for paying all fees and applicable taxes (including any value added tax) associated with using the Site in a timely manner with a valid payment method. If your payment method fails or your account is overdue, we may collect fees owed using other collection mechanisms. (This includes, without limitation, charging other payment methods on file with us and retaining collection agencies and legal advisers.) You agree that we may issue you with invoices in electronic format by e-mail. Content licenceWhen you give us content, you grant us a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, sublicensable (through multiple tiers) right to exercise the copyright, trade marks, database rights and all other intellectual property rights you have in the content, in any media known now or in the future. In addition, you waive all moral rights you have in the content to the fullest extent permitted by law. (We need these rights to host and display your content.)LiabilityNothing in this User Agreement shall limit or exclude our liability for fraudulent misrepresentation, for death or personal injury resulting from our negligence or the negligence of our agents or employees or for any other liability that cannot be limited or excluded by law.You will not hold eBay responsible for other users' actions or inactions. Although eBay is often referred to as an online auction web site, you acknowledge that we are not a traditional auctioneer. Instead, the Site is a venue to allow anyone to offer, sell, and buy just about anything, at any time, from anywhere, in a variety of pricing formats, which include auction-style and fixed price formats. At no point do we have possession of anything listed or sold through the Site. We do not review user's listings and we are not party to the actual transactions between buyers and sellers. You will not hold eBay responsible for the actions or inactions of buyers or sellers involved in transactions (whether such transactions are carried out on or off eBay) or for ensuring that they actually complete transactions. We have no control over, do not guarantee, and you will not hold us responsible for:
You accept sole responsibility for the legality of your actions under laws applying to you and the legality of any items you list on the Site. 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 the Site. We cannot guarantee continuous or secure access to our services, and operation of the Site may be interfered with by numerous factors outside of our control. While we will use our reasonable endeavours to maintain an uninterrupted service, we cannot guarantee this and we do not give any promises or warranties (whether express or implied) about the availability of our services. We (including our parent, subsidiaries, affiliates, officers, directors, agents and employees) shall not be liable to you in contract, tort (including negligence) or otherwise for any business losses, such as loss of data, profits, revenue, business, opportunity, goodwill, reputation or business interruption or for any losses which are not reasonably foreseeable by us arising out of your use of our Site. Regardless of the previous paragraph, if we are found to be liable, our liability, and the liability of our parent, subsidiaries, affiliates, officers, directors, agents and employees, to you is limited in any 12 month period to the greater of: (a) the total fees you paid to us in relation to the listing or other service offered which gave rise to the liability, and (b) £100. ReleaseIf 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 interferenceThe Site contains robot exclusion headers. Much of the information on the Site 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 Site for any purpose without our express written permission.Additionally, you agree that you will not:
PrivacyWe do not sell or rent your personal information to third parties for their marketing purposes without your express 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.CompensationYou agree that you will only use the Site in accordance with the terms and conditions set out in this User Agreement. You will compensate us in full for any losses or costs (including reasonable legal fees) we incur arising from any breach by you of this User Agreement.No agencyNo agency, partnership, joint venture, employee-employer or franchisor-franchisee relationship is intended or created by this User Agreement.NoticesExcept as explicitly stated otherwise, notices to eBay shall be sent by registered mail to eBay Europe S.à r.l. (ref: eBay.ie), 15 rue Notre Dame, L-2240 Luxembourg. We shall send notices to you by e-mail or by registered mail to the email address or postal address (as applicable) that you provided to eBay when you registered as a member of eBay. Notices sent to you by e-mail shall be deemed to have been received by you 24 hours after they are sent, unless we receive notice that the email address is invalid. Notices sent to either party by registered mail shall be deemed to have been received by that party 3 days after they are sent.Third party rightsA person who is not a party to this User Agreement has no right under the Contracts (Rights of Third Parties) Act 1999 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.Governing law and dispute resolutionThis User Agreement shall be governed by and construed in accordance with English law. You and eBay both agree to submit to the non-exclusive jurisdiction of the English Courts.If a dispute arises between you and eBay, we strongly encourage you to first seek a resolution by contacting eBay Customer Support. Alternatively you may address complaints to eBay Europe S.à r.l., 15 rue Notre Dame, L-2240 Luxembourg. We will consider reasonable requests to resolve the dispute through alternative dispute resolution procedures, such as mediation or arbitration, as alternatives to litigation. Additional termsThe following policies (together with all further policies that can be accessed via click-through links contained in such policies) are part of this User Agreement and provide additional terms and conditions related to specific services offered on the Site. We expect you to read all of the linked documents carefully:
GeneralIf any provision of this User Agreement is held to be invalid or unenforceable, such provision shall be struck out and the remaining provisions shall be enforceable.In our sole discretion, we may assign this User Agreement to a third party by giving you notice in accordance with the Notices section above (but without your prior express consent), provided that we assign the User Agreement on the same terms or terms that are no less advantageous to you. Section headings are for reference purposes only and do not limit the scope or extent of the sections. 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 may amend this User Agreement at any time either by e-mail, via "My Messages" or by posting the amended terms on the Site. Except as stated elsewhere in this User Agreement, all amended terms shall automatically be effective 30 days after they are initially posted on the Site. This User Agreement may not be otherwise amended except in a writing signed by you and us. This User Agreement sets forth the entire understanding and agreement between us with respect to its subject matter. The following Sections survive any termination of this User Agreement: Fees (with respect to fees owed for our services), Content Licence, Liability, Release, Compensation, Third Party Rights and Governing law and dispute resolution. If you have any questions about this User Agreement, please refer to the Frequently Asked Questions about the User Agreement or the Frequently Asked Questions about the User Agreement Revision. If those documents do not answer your questions, please contact eBay Customer Support. |
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