eBay

happy_pigeon · ‎09-28-2018

At eBay, we strive to make our policies clear and our services easy to use. As part of that commitment, we’re providing you notice of some changes to the eBay User Agreement. This notice provides only a summary and updated language of some key changes. It is your responsibility to read the full updated User Agreement in order to understand your rights and obligations. Capitalized terms used but not defined in this Notice have the meanings given to them in the User Agreement.

Our updated User Agreement will take effect upon acceptance for new users and on October 25, 2018 for all other users. The updated User Agreement was posted on www.ebay.ca on November 1, 2017.

Key updates to the eBay User Agreement:

Introduction: We have updated certain eBay contracting entities for users that reside in Germany, the European Union, India and all other countries (other than Canada, United States and the United Kingdom).
About eBay: We have added language that if you access eBay through a partner service instead of directly through eBay, certain Services may not be suitable for use by Quebec residents.
Using eBay: We’ve clarified that eBay may cancel unconfirmed or inactive accounts that have been inactive for a period of three (3) years or longer and if your account is inactive for a period of three (3) years or longer or cancelled for any reason, then any credit balance in your account following such period of inactivity, or at the time of cancellation, will be non-refundable without notice to you. Any such amount will be considered forfeited by you. We have also added language that eBay reserves the right to modify or discontinue all or part of our Services to anyone for any reason at our discretion. See updated language from the User Agreement reproduced in the table on the next page.
Fees: eBay may change seller fees. If you reside outside of Ontario or Quebec, these fee changes will be posted and you will receive a thirty (30) day notice of such changes. For Ontario and Quebec residents, please refer to the updated General section of the User Agreement for the notice of change process. Additionally, if your payment method fails or your account is past due, we may collect amounts owed for accounts over 60 days past due (not 180 days). We have also added language in this section to indicate that payment by a seller of seller fees does not mean that the seller is purchasing exclusive rights to item exposure on eBay and eBay may display third-party advertisements or other content on eBay without consent, payment, fee reduction or credit to sellers. See updated language from the User Agreement reproduced in the table on the next page.
International Buying and Selling; Translation: We’ve made it clearer that you can adjust your “My eBay” settings to indicate your preferences on international shipping by excluding international shipping and applying an exclusion list to the applicable countries. See updated language from the User Agreement reproduced in the table on the next page.
Authorization to Contact You; Recording Calls; Analyzing Message Content: We clarified that our collection, use, disclosure, retention and protection of your personal information is governed by the User Privacy Notice.
Disclaimer of Warranties; Limitation of Liability: We’ve updated this section by stating it is not applicable for residents of Quebec.
Indemnity: We have clarified that this section is subject to applicable laws.
Legal Disputes: We’ve updated this section to clarify the law and forum for any disputes depending on where you reside and added language to clarify the arbitration procedure. See updated language from the User Agreement reproduced in the table on the next page.
General: We have added language to this section relating to the process and notice requirements for User Agreement changes for Ontario and Quebec residents. See updated language from the User Agreement reproduced in the table below.

For existing users (except Quebec residents), your continued access or use of our Services after these terms take effect constitutes your acceptance of the amended terms noted above. If you do not agree to these changes, you must stop using the eBay sites and terminate the User Agreement by closing your eBay account. Instructions to close your eBay account are listed on our Closing your account help page or you may also contact eBay by phone by following the instructions listed on the customer support page to obtain assistance with cancelling your account. If you reside in Quebec, you may send us a notice thirty (30) days after the amended terms come into effect to indicate your refusal of the amended terms and to request termination of the User Agreement by closing your eBay account, without any cost or penalty.

Thank you for being a part of the eBay community.

Sincerely,
The eBay team

User Agreement Language Before Change	Updated User Agreement Language as of the Effective Date
Using eBay: We may cancel unconfirmed accounts or accounts that have been inactive for a long time or to 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.	Using eBay: We may cancel unconfirmed accounts or accounts that have been inactive for a period of three years or longer. Additionally, we reserve the right to modify or discontinue our Services, or refuse or terminate all or part of our Services to anyone for any reason at our discretion. If your account is: (1) inactive for a period of three years or longer, or (2) cancelled for any reason pursuant to the terms of this User Agreement, then any credit balance remaining on your account following such period of inactivity, or at the time of such cancellation, will be non-refundable, without notice to you.
Fees: The fees we charge for using our Services are listed on our Standard Selling Fees page. We may change our seller fees from time to time by posting the changes on the eBay site 30 days in advance, but with no advance notice required for temporary promotions or any changes that result in the reduction of fees.	Fees: The fees we charge for using our Services are listed on our Standard Selling Fees page. Except if you reside in Ontario or Quebec, we may change our seller fees from time to time by posting or sending you a notice of the changes on the eBay site 30 days in advance, but with no advance notice required for temporary promotions or any changes that result in the reduction of fees. Such fee change is subject to the General provision of this User Agreement.
None.	Fees: 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.
International Buying and Selling; Translation: 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.	International Buying and Selling; Translation: You may adjust your account settings within My eBay to indicate your preferences on international shipping by excluding international shipping and applying an exclusion list to the applicable countries.
Legal Disputes: Law and Forum for Disputes - This Agreement and any dispute or claim you have against eBay shall be governed in all respects by the laws of the Province of Ontario and the federal laws of Canada applicable therein. You agree that any claim or dispute you may have against eBay must be resolved by a court located in Toronto, Ontario, 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 the Province of Ontario for the purpose of litigating all such claims or disputes. Arbitration Option - For any claim (excluding claims for injunctive or other equitable relief) where the total amount of the award sought is less than CD$15,000, the party requesting relief may elect to resolve the dispute in a cost effective manner through binding non-appearance-based arbitration. In the event that a party elects arbitration, they shall initiate such arbitration through an established alternative dispute resolution ("ADR") provider mutually agreed upon by the parties. The ADR provider and the parties must comply with the following rules: a) the arbitration shall be conducted by telephone, online and/or be solely based on written submissions, the specific manner shall be chosen by the party initiating the arbitration; b) the arbitration shall not involve any personal appearance by the parties or witnesses unless otherwise mutually agreed by the parties; and c) any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction.	Legal Disputes: Law and Forum for Disputes if you do not reside in Quebec - This Agreement and any dispute or claim you have against eBay shall be governed in all respects by the laws of the Province of Ontario and the federal laws of Canada applicable therein. Except as otherwise agreed by the parties or as described in the Arbitration Option paragraph below, you agree to submit to the jurisdiction of the courts located in Toronto, Ontario for the resolution of any and all claims or disputes you may have against eBay. Law and Forum for Disputes if you reside in Quebec - This Agreement and any dispute or claim you have against eBay shall be governed in all respects by the laws of the Province of Quebec and the federal laws of Canada applicable therein. Arbitration Option - For any dispute or claim (excluding claims for injunctive or other equitable relief) where the total amount of monetary relief sought is less than CDN$15,000, the parties may elect to resolve the dispute in a cost effective manner through binding arbitration. In the event that the parties agree to arbitration, such arbitration shall be conducted pursuant to the simplified arbitration procedure set out in the arbitration rules of the ADR Institute of Canada, in force at the time of the dispute. Unless the parties agree or the arbitrator determines otherwise, the arbitration shall not involve any personal appearance by the parties or witnesses and shall be conducted by telephone, online and/or be solely based on written submissions. Any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction.
General: We may amend this User Agreement at any time by posting the amended terms on www.eBay.ca. 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 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. At our discretion, we may also ask you to acknowledge your acceptance of the User Agreement through an electronic click-through. If you do not agree to the amendments, you should stop using eBay and the www.ebay.ca and www.cafr.ebay.ca sites, as applicable, and terminate this User Agreement by closing your eBay account. Instructions to close your eBay account are listed on our Closing your account help page. ·	General: We may amend this User Agreement at any time by posting the amended terms on www.eBay.ca and www.cafr.ebay.ca. Our right to amend this User Agreement from time to time also includes the right to modify, add to, or remove policies or terms of our Services, which form part of and are incorporated into this User Agreement. If we make any of those changes, you will be notified through the eBay Message Center and/or by email and, we will also provide you 30 days' notice in advance of those changes taking effect, if required by law. Those changes take effect on the date specified in the amended terms. Your continued access or use of our Services constitutes your acceptance of the amended terms. At our discretion, we may also ask you to acknowledge your acceptance of this User Agreement through an electronic click-through. If you do not agree to the amendments, you must stop using eBay and the eBay sites and terminate this User Agreement by closing your eBay account. Instructions to close your eBay account are listed on our Closing your account help page. Ontario and Quebec residents only: Despite any other section that refers to our right to change this User Agreement, if you are a resident of either Ontario or Quebec, we reserve the right to update and revise this User Agreement (including changing the scope, types and/or functionality of the Services, using or accessing the Services, eligibility for the Services, applicable fees for using our Services, eBay responsibilities or obligations under the User Agreement, your responsibilities under the User Agreement, account and payment terms, listing conditions, purchase conditions, international buying and selling terms, terms related to content on eBay, communications procedures with users, eBay policies and enforcement mechanisms, returns and cancelations terms, amending procedures, legal disputes terms, disclaimers, limits of liability, releases, indemnities and general legal terms) (collectively, “Changes”) up to three (3) times per year. If we make Changes to the User Agreement, in addition to posting the amended terms on www.eBay.ca and www.cafr.ebay.ca and notifying you through the eBay Message Center and/or by email, we will also provide you thirty (30) days’ advance notice of such Changes in accordance with applicable law (“Notice”). Upon receiving the Notice, if you do not agree with the amendments, you must stop using eBay and the eBay sites and may refuse the Changes and terminate this User Agreement by closing your eBay account within the time specified in the Notice. Instructions to close your eBay account are listed on our Closing your account help page or you may also contact eBay by phone by following the instructions listed on the customer support page to obtain assistance with cancelling your account. If you do not agree with the Changes, then notwithstanding any termination of this User Agreement, you agree that all outstanding amounts owing to us are immediately due and payable and that we have the right to bring suit and exercise all rights and remedies available under applicable law in respect of such outstanding amounts. If you do not close your eBay account within the time specified in the Notice, the Changes will take effect on the date indicated in the Notice. In that case, your continued access and use of our Services will be deemed to constitute your acceptance of the amended terms, which will apply to all access to and use of the Services thereafter and will become part of this User Agreement. At our discretion, we may also ask you to acknowledge your acceptance of this User Agreement through an electronic click-through. In addition, if you reside in Quebec and the amended terms entails an increase in your obligations or a reduction in eBay’s obligations, you may send us a notice thirty (30) days after the amended terms come into force to indicate your refusal of the amended terms and to request the termination of the User Agreement by closing your eBay account. Upon receipt of such notice, we will close your eBay account without cost or penalty.