eBay.ca User Agreement
Posted on August 19, 2014. EFFECTIVE FOR NEW USERS IMMEDIATELY AND FOR CURRENT USERS ON SEPTEMBER 19, 2014 AND SUPERSEDING ALL PREVIOUS VERSIONS OF THE EBAY.CA USER AGREEMENT.
The following describes the terms on which eBay offers you access to our sites, services, applications, and tools.
INTRODUCTION
Welcome to eBay. By using eBay (including eBay.ca and its related sites, services, applications and tools collectively "Services"), you agree to the following terms and the general principles for the sites of our subsidiaries and international affiliates. If you reside in Canada you are contracting with eBay International AG. If you reside outside of Canada, you are contracting with one of our other eBay companies: In the United States, your contract is with eBay Inc.; in countries within the European Union, your contract is with eBay Europe S.à r.l.; in India, your contract is with eBay India Private Limited; in all other countries, your contract is with eBay International AG. For more information about eBay and its Services, visit www.ebayinc.com.
This Agreement is effective upon acceptance. When you register an eBay account, you accept this User Agreement by checking the appropriate box confirming that you read and accept the User Agreement and clicking the CONTINUE button when registering an eBay account; accessing or using eBay's sites, Services, applications, and tools; or as otherwise indicated on a specific site, Service, application, or tool. For users who do not register an eBay account, the User Agreement is effective through their access to or use of our Services. Please see the General Section of this User Agreement regarding how we may implement amendments to this Agreement from time to time.
PLEASE BE ADVISED: THIS USER AGREEMENT CONTAINS PROVISIONS THAT GOVERN HOW CLAIMS YOU AND WE HAVE AGAINST EACH OTHER ARE RESOLVED (SEE LIMITATION OF LIABILITY SECTION BELOW).
SCOPE
Before you may become a user of eBay, you must read and accept all of the terms in, and linked to, this User Agreement, including the eBay Canada Privacy Policy and the Mobile Device Terms. 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, the eBay Canada Privacy Policy, the Mobile Device Terms and all terms in, and linked to, this User Agreement will apply whenever you use or access eBay sites, Services, or applications, or when you use or access the tools that are made available to interact with eBay sites and Services. Some eBay sites, Services, applications and tools may have additional or other terms, agreements, or policies that govern their availability and use. Your use of and access to such sites, Services, applications, and tools are subject to any and all terms, agreements, or policies applicable to them.
USER NAME AND PASSWORD
Your eBay.ca account may be accessed only by use of your user ID and password. You are solely responsible and liable for any use and misuse of your user ID and password and for all activities that occur under your user ID and password. For security reasons, you must keep your user ID and password confidential and not disclose them to any person or permit any other person to use them, except an authorized representative of eBay. eBay recommends that you choose a password that is unique to you and not easily guessed by others. You should change your password on a regular basis, and you must log out at the end of each session.
ACCURACY OF INFORMATION
We rely on the information you provide through this website, including registration information (name and email address), payment information (credit card numbers and expiration dates), and transaction-related information, which must be true, accurate, current and complete. You are required to update your registration information and payment information immediately, if applicable, and will be solely responsible and liable for any and all loss, damage, and additional costs that you, we or any other person may incur as a result of your submission of any false, incorrect or incomplete information. You acknowledge that you will keep your name and address current and accurate in the My eBay section of the applicable eBay site.
USING EBAY
In connection with using or accessing eBay sites, Services, applications and tools, you will not:
post content or items in inappropriate categories or areas on our sites and Services;
violate any laws, third party rights or our stated policies;
use our sites, Services, applications or tools if you are not able to form legally binding contracts or are temporarily or indefinitely suspended from using our sites, services, applications, or tools;
fail to deliver payment for items purchased by you, unless, for example, the seller has materially changed the item's description after you bid, a clear typographical error is made, or you cannot reach the seller (see our Unpaid Item Policy);
fail to deliver items purchased from you, unless, for example, the buyer fails to meet your posted terms, or you cannot reach the buyer;
manipulate the price of any item or interfere with any other users' listings;
circumvent or manipulate our fee structure, the billing process, or fees owed to eBay;
post infringing, unlawful, false, inaccurate, misleading, defamatory, obscene, or libelous content;
take any action that may undermine the feedback or ratings systems (such as displaying, importing or exporting feedback information off of the sites or using it for purposes unrelated to eBay);
circumvent any eBay policy or determinations about your account status such as temporary or indefinite suspensions or other account holds, limitations or restrictions;
transfer by any manner any eBay application or 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 eBay users;
export or re-export any eBay applications or tools except in compliance with the export control laws of any relevant jurisdictions and in accordance with posted rules and restrictions;
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 Services and belongs to another eBay user or to a third party including works covered by any copyright, 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, including email addresses, without their consent; or
circumvent any technical measures we use to provide our Services.
If we believe or discover that you are abusing eBay in any of the ways mentioned above or otherwise, we may, in our sole discretion, take any steps to prevent and mitigate such abuse, such as limiting, suspending, or terminating your user account(s) and access to our Services, delaying or removing hosted content, removing any special status associated with your account(s), reducing or eliminating any discounts, and taking technical and 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 to modify or discontinue the eBay sites, or Services. Additionally, we reserve the right to refuse or terminate our Services to anyone for any reason at our discretion.
POLICY ENFORCEMENT
eBay and its community of users (the "COMMUNITY") work together to keep our sites, Services, applications and tools working properly and the Community safe. Please report problems, offensive content, and policy violations to us.
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.
HOLDS
To protect against the risk of liability, eBay has at times requested, and may continue to request, that PayPal hold seller funds based on certain factors, including, but not limited to, selling history, seller performance or the riskiness of the listing category or the filing of an eBay Money Back Guarantee case, if applicable. 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.
EBAY MONEY BACK GUARANTEE
eBay plans to introduce a new program known as the eBay Money Back Guarantee to its eBay.ca site, to be effective, unless notice is otherwise provided, as of October 1, 2014.
Most eBay sales go smoothly, but if there's a problem with a purchase, the eBay Money Back Guarantee helps buyers and sellers communicate and resolve issues. Buyers and sellers agree to comply with the policy and permit us to make a final decision on any eBay Money Back Guarantee case.
If a seller is required to reimburse the buyer or eBay under the Money Back Guarantee, the seller authorizes eBay to ask PayPal to remove the reimbursement amount (in same or other currency) from their PayPal account, place the amount on the seller’s invoice and/or charge the seller’s payment method on file. The cost of return shipping for an item that is not as described is the seller’s responsibility and if an eBay generated return shipping label is used, the seller authorizes eBay to place the return shipping label cost on the seller’s invoice, subject to the seller's automatic payment method on file. If we cannot get reimbursement from the seller, we may collect the outstanding sums using other collection mechanisms, including retaining collection agencies.
We may suspend the eBay Money Back Guarantee in whole or in part without notice if we suspect abuse or interference with the proper working of the policy.
CROSS-BORDER TRADE
Many of our sites, Services, applications and tools may be 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.
Some eBay members may reside outside of Canada and some may not speak English or French as a primary language. To assist users who may speak different languages, whenever automated translation solutions are available, you direct us, to use automated tools to translate your eBay content (including your listings), in whole or in part, into local languages and, when using an eBay site as a buyer, to provide you with access to translated content. As a buyer, you may also have access to tools which will enable you to translate content as requested. The accuracy or availability of translations is not guaranteed.
In some cases, you may be able to sell your items internationally by listing items for sale 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 those situations where you choose to list items with an international shipping option (such as worldwide shipping), but acknowledge that the appearance of your listings on these sites is not guaranteed. However, 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 your item is sold to a buyer on an eBay site other than your eBay site of registration, you agree to be subject to that other site's policies and the terms and conditions in eBay's International Selling Agreement. You are responsible for complying with all laws and regulations applicable to the sale and shipment of items to international buyers.
FEES AND SERVICES
Joining eBay and bidding on listed items is free and subject to this User Agreement and the Purchase Conditions set out below. We do charge fees for using other Services, such as listing items. The fees we charge for using our Services and related terms are listed on our Standard Selling Fees page, which we may change from time to time. Our Payments policy describes the methods of payment. Changes to that schedule are effective for new listings or re-listings in accordance with the terms set out in the General section below. 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 sites or in our applications.
Unless otherwise stated, all fees are quoted in Canadian Dollars. You must have a payment method on file when selling on eBay, or put one on file before you next sell, and you are responsible for paying all fees and applicable taxes associated with our sites, Services, applications and tools with a valid payment method by the payment due date. If your payment method fails or your account is past due, we may collect fees owed using other collection mechanisms. (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.) In addition, you will be subject to late fees and we may suspend or restrict you from using our sites, Services, applications and tools until full payment is made. 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. If you wish to dispute the information eBay reported to a credit bureau (i.e., Experian, Equifax or TransUnion) please contact us at eBay Inc., C/O Global Collections, 2211 North First Street, San Jose, CA 95131. If you wish to dispute the information a collection agency reported to a credit bureau regarding your eBay account, you must contact the collection agency directly.
AUTHORIZATION TO CALL OR TEXT YOU; RECORDING CALLS
You agree to receive calls, including autodialed and/or pre-recorded message calls, from eBay at any of the telephone numbers (including mobile telephone numbers) that we have collected for you as authorized and described in our Privacy Policy, including telephone numbers you have provided us, or that we have obtained from third parties or collected by our own efforts. If the telephone number that we have collected is a mobile telephone number, you consent to receive SMS or other text messages at that number or on that mobile device. Standard telephone minute and text charges may apply if we contact you at a mobile number or device. You agree we may contact you in the manner described above at the telephone numbers we have in our records for these purposes:
To contact you for reasons relating to your account or your use of our sites, Services, application or tools (such as to collect a debt, resolve a dispute, or to otherwise enforce our User Agreement) or as authorized by applicable law; we may do so at any of the telephone numbers we have in our records for you, including ones you have provided or that we have otherwise obtained or collected in accordance with the User Agreement and our Privacy Policy.
To contact you for marketing, promotional, or other reasons that you have either previously consented to or that you may be asked to consent to in the future; we will do so only at the telephone numbers that you have provided to us. If you do not wish to receive such communications, you can opt-out in the communications preference section of your My eBay.
We may share your telephone numbers with our service providers (such as billing or collections companies) who we have contracted with to assist us in pursuing our rights or performing our obligations under the User Agreement, our policies, or any other agreement we may have with you. These service providers may also contact you using autodialed or prerecorded messages calls and/or SMS or other text messages, only as authorized by us to carry out the purposes we have identified above, and not for their own purposes.
We will not share your telephone number with non-affiliated third parties for their purposes without your explicit consent, but may share your telephone numbers with members of the eBay corporate family and/or our affiliates, for their use, as authorized under our Privacy Policy. Members of the eBay corporate family and/or our affiliates will only contact you using autodialed or prerecorded message calls and/or SMS or other text messages, if you have requested their services. For more information on the eBay corporate family, please visit http://www.ebayprivacycenter.com/about-us/corporate-family.
You understand and agree that eBay may, in its discretion, monitor or record telephone conversations you have with eBay or its agents for quality control and training purposes, for its own protection or as may be required by law. You acknowledge and understand that, while your communications with eBay may be overheard, monitored, or recorded, not all telephone lines or calls may be recorded by eBay.
CONTENT
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, fully sublicensable (through multiple tiers) right to exercise any and all copyright, trademark, publicity, and database rights and other intellectual property rights you have in the content, in any media known now or developed in the future, and to the fullest extent permitted under applicable law, you waive any and all moral rights and promise not to assert such rights or any other intellectual property or publicity 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.
For the convenience of sellers, we may offer catalogues including stock images, descriptions and product specifications that are provided by third parties (including users). You may use catalogue content solely in connection with your eBay listings during the time your listings are on eBay's sites. 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 catalogues will always be accurate and up-to-date, and you agree not to hold our catalogue content providers or us responsible for inaccuracies in catalogues. If you choose to include catalogue content in your listings, you continue to be fully responsible for your listings and for ensuring that your listings are accurate, do not include misleading information, and comply with this User Agreement and all eBay policies. The catalogues may include copyrighted, trademarked or other proprietary materials. You agree not to remove any copyright, proprietary or identification markings included with the catalogues or create any derivative works based on catalogue content (other than by including them in your listings).
NOTICE FOR CLAIMS OF INTELLECTUAL PROPERTY VIOLATIONS AND COPYRIGHT INFRINGEMENT
We respond to notices of alleged intellectual property infringement as required by Canadian laws. 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 infringed, please notify our VeRO team through our Verified Rights Owner (VeRO) Program and we will investigate. Learn how to submit a notice to eBay.
DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY
We try to keep eBay and its sites, Services, applications, and tools safe, secure, and functioning properly. You acknowledge that we cannot guarantee the continuous operation of or access to our sites, Services, applications or tools. You further acknowledge that operation of and access to our sites, Services, applications or tools may be interfered with as a result of technical issues or numerous factors outside of our control. Bid updates and other notification functionality in eBay's applications may not occur in real time. Such functionality is subject to delays including, without limitation, delays or latency due to your physical location or your wireless data service provider’s network. You agree that you are making use of our sites, Services, applications and tools 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, or other intangible losses or any special, indirect, or consequential damages) resulting directly or indirectly from:
Your use of or your inability to use our sites, Services, applications and tools;
Delays or disruptions in our sites, Services, applications or tools;
Viruses or other malicious software obtained by accessing our sites, Services, applications or tools or any site, Services, applications or tools linked to our sites, Services, applications or tools;
Glitches, bugs, errors, or inaccuracies of any kind in our sites, Services, applications and tools or in the information and graphics obtained from them;
Damage to your hardware device(s) or loss of data that results from the use of our sites, Services, applications and tools;
The content, actions, or inactions of third parties, including items listed using our sites, Services, applications or tools, feedback provided by third parties, or the destruction of allegedly fake items;
A suspension or other action taken with respect to your account;
The duration or manner in which your listings appear in search results as set forth in the Listing Conditions Section below;
eBay's decision to end or remove your listing(s);
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; eBay reserves the right to modify its policies and this User Agreement at any time consistent with the provisions outlined herein;
Some jurisdictions do not allow the disclaimer of warranties or exclusion of damages, so such disclaimers and exclusions may not apply to you.
You acknowledge that we are not a traditional auctioneer. Instead, our sites are venues to allow users to offer, sell, and buy just about anything, at any time, from anywhere, in a variety of pricing formats and locations, such as eBay Stores, fixed price formats and auction-style formats. We are not involved in the actual transaction between buyers and sellers. Any pricing or shipping guidance we provide in our sites, Services, applications, or tools is solely informational and you may choose not to follow such guidance at any time. We do not warrant or guarantee that any particular results will result from following guidance we provide (e.g. that your listing will sell, that a particular shipping option is the least expensive, etc.) While we may help facilitate the resolution of disputes through various programs, we have no control over and do 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.
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) any amounts due under the eBay Money Back Guarantee up to the price the item sold for on eBay (including any applicable sales tax) and its original shipping costs, (b) 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 (c) $100.
RELEASE
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 (direct 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.
ACCESS AND INTERFERENCE
eBay’s sites contain robot exclusion headers. Much of the information and content on the sites is also proprietary or is licensed to eBay by our users or third parties and protected by Canadian and international copyright laws. You agree that you will not use any robot, spider, scraper, or other automated means to access our sites for any purpose without our express written permission.
Additionally, you agree that you will not:
take any action that imposes or may impose (to be determined in our sole discretion) an unreasonable or disproportionately large load on our infrastructure;
copy, reproduce, reverse engineer, modify, create derivative works from, distribute, sell, transfer, or publicly display any content (except for your content) from our sites, Services, applications or tools without the prior express written permission of eBay and the appropriate third party, as applicable;
interfere or attempt to interfere with the proper working of our sites, Services, applications or tools, or any activities conducted on or with our sites, Services, applications or tools; or
bypass our robot exclusion headers or other measures we may use to prevent or restrict access to our sites.
LISTING CONDITIONS
By listing an item on eBay’s sites, you agree to pay eBay's fees, to assume full responsibility for the content of the listing and item offered, and to accept the following listing conditions: when you list an item on eBay’s sites, your listing will be posted on eBay’s sites and can be viewed in My eBay. Your listing may not be immediately searchable by keyword or category for several hours (or up to 24 hours in some circumstances), so eBay can't guarantee exact listing durations. eBay's duplicate listing policy may also affect whether your listing appears in search results. eBay reserves the right to end your listing for any reason. Where and whether your listing appears in search and browse, results may be based on certain factors including, but not limited to, listing format, title, bidding activity, end time, keywords, price and shipping cost, feedback, and detailed seller ratings. You can read more about where your listings appear in search and browse results in eBay's Help Pages.
Content included by you in a listing that violates any of eBay’s policies may be deleted at eBay’s discretion.
PURCHASE CONDITIONS
You are responsible for reading the full item listing, including any instructions the seller provides, before making a bid or commitment to buy. Unless otherwise stated, by making a bid or commitment to buy an item on eBay, you are committing to buy the item from the seller listing the item. If you make a commitment to buy or your bid is the winning bid or is otherwise accepted, you enter into a legally binding contract with the seller and are obligated to purchase the item. 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. Applicable laws relating to the transfer of ownership in the sale of goods in your jurisdiction apply to the transfer of ownership between the buyer and the seller, unless the buyer and seller agree otherwise.
If you purchase an item on an eBay site other than eBay.ca, you are subject to the User Agreement of that other eBay site with respect to that particular purchase.
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 Canada 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 Canada Privacy Policy. If you object to your information being transferred or used in this way please do not use our Services.
You have read the eBay Canada Privacy Policy, the terms of which appear on eBay.ca here and are incorporated into this User Agreement, and you agree that the terms of that policy are reasonable. You consent to the collection, use and disclosure of your personal information by eBay in accordance with the terms of and for the purposes set out in the eBay Canada Privacy Policy.
INDEMNITY
You will indemnify and hold eBay (and our affiliates and subsidiaries, and our and their respective officers, directors, employees, and agents) 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 User Agreement, your use of eBay’s sites, Services, applications, or tools, and/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 User Agreement.
NOTICES
Except as explicitly stated otherwise, legal notices shall be served on eBay's national registered agent. You consent to receive communication from us electronically. We may communicate with you by email to the email address you have designated on your user account. Notice to you shall be deemed given 24 hours after the email is sent. Alternatively, we may give you legal notice by mail to the Registration Address associated with your account, as identified in your My eBay. In such case, notice shall be deemed given three days after the date of mailing.
RESOLUTION OF DISPUTES
PLEASE READ THIS SECTION CAREFULLY. IT AFFECTS YOUR RIGHTS AND WILL HAVE A SUBSTANTIAL IMPACT ON HOW CLAIMS YOU AND EBAY HAVE AGAINST EACH OTHER ARE RESOLVED
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 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 Cdn$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.
IMPROPERLY FILED CLAIMS - All claims you bring against eBay must be resolved in accordance with this Resolution of Disputes section. All claims filed or brought contrary to the Resolution of Disputes section shall be considered improperly filed. Should you file a claim contrary to the Resolution of Disputes Section, eBay may recover attorneys' fees and costs up to Cdn$1500, provided that eBay has notified you in writing of the improperly filed claim, and you have failed to promptly withdraw the claim.
ADDITIONAL TERMS
You agree to abide by all policies posted on our sites which provide additional terms and conditions related to specific Services offered on our sites, including, but not limited to the policies listed below:
OUTAGE POLICY - http://pages.ebay.ca/help/policies/everyone-outage.html
PROHIBITED, QUESTIONABLE & INFRINGING ITEM POLICY - http://pages.ebay.ca/help/policies/items-ov.html
DISCUSSION BOARDS USAGE POLICY - http://pages.ebay.ca/help/policies/everyone-boards.html
RULES FOR LISTINGS - http://pages.ebay.ca/help/policies/listing-ov.html
HOW TO REPORT INAPPROPRIATE BUYING AND SELLING - http://pages.ebay.ca/help/buy/report-trading.html
REAL ESTATE POLICY - http://pages.ebay.ca/help/policies/real-estate.html
COMMUNITY CONTENT POLICY (covers Reviews, Guides, Blog Entries, Wiki Articles and Member-Created Product Descriptions) - http://pages.ebay.ca/help/policies/member-created-content-ov.html
EBAY GROUPS GUIDELINES - http://pages.ebay.ca/help/policies/group-guidelines.html
RULES ABOUT INTELLECTUAL PROPERTY - http://pages.ebay.ca/help/policies/intellectual-property-ov.html
FEES FOR SELLING ON EBAY - http://pages.ebay.ca/help/sell/fees.html
MOBILE DEVICE: ADDITIONAL END USER LICENSE TERMS – http://pages.ebay.ca/help/policies/mobiledevice-terms.html
These Policies may be changed from time to time. Changes may be made to these policies in accordance with the terms set out in the General section below. When using particular eBay Services, applications or tools, you are subject to any posted policies or rules applicable to Services, applications or tools you use, which may be posted from time to time.
GENERAL
eBay International AG is located at Helvetiastrasse 15/17, 3005, Bern, Switzerland. eBay Inc. is located at 2145 Hamilton Ave., San Jose, CA 95125. eBay Inc.'s North American Customer Service Operations Centre is located at 173 West Election Road, Draper, UT 84020. eBay Europe S.à r.l. is located at 22-24 Boulevard Royal, L-2449 Luxembourg. eBay India Private Limited is located at 14th Floor, North Block, R-Tech Park, Western Express Highway, Goregaon (East), Mumbai 400063, Maharashtra (India). You may contact eBay via phone by following the instructions listed on our customer support page. Unless stated otherwise in this User Agreement, if any of the provisions in this User Agreement shall be deemed invalid, void, or for any reason unenforceable, such provisions shall be deemed severable and shall not affect the validity and enforceability of any remaining provision. 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 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, including terms related to fees and charges. We will provide you 30 days notice by posting the amended terms. Except as stated otherwise in this User Agreement or elsewhere, all amended terms shall automatically be effective 30 days after they are initially posted. Additionally, we will notify you through the eBay Message Centre and/or by email. Your continued use of our Services after the effective date of these amended terms constitutes your acceptance of them. 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. This User Agreement may not be otherwise amended except in a writing hand signed by you and us. For purposes of this provision, a "writing" does not include an email message and a signature does not include an electronic signature.
Any translation of this User Agreement and all related documents is done for local requirements and in the event of a dispute between the English and French version, the English version of this User Agreement and all related documents shall govern. If you are a resident of the Province of Quebec, the following clause applies: The parties hereby confirm that they have requested that this User Agreement and all related documents be drafted in English. Les parties ont exigé que la présente convention et tous les documents auxquels cell-ci réfère soient rédigés et signés en langue anglaise.
This User Agreement (including incorporated policies and rules) sets forth the entire understanding and agreement between us with respect to the subject matter hereof. The following Sections survive any termination of this User Agreement: Fees and Services, Release, Content, Limitation of Liability, Indemnity and Resolution of Disputes.
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