Fit checks to fat cheques

eBay Resale Solution Terms and Conditions

These terms apply if You opt into the Volte Lender Resale Option after listing an item for rent or sale on The Volte Website (“Terms”). You will be able to opt into the Volte Lender Resale Option via myVolte, by clicking a button that allows you to list Your item on eBay. These Terms form a binding agreement between You (“You” or “Your”) and eBay Marketplaces GmbH, with its principal place of business at Helvetiastrasse 15/17, CH-3005, Bern, Switzerland (“eBay”).

1. You authorise and consent to The Volte sharing Your Customer Data with eBay and its Related Bodies Corporate for the purposes of the Volte Lender Resale Option and eBay sending You the email notifications set out in clause 3 of these Terms.

    

2. Any Personal Information shared with eBay will be handled in accordance with eBay’s Privacy Notice.

    

3. To enable You to utilise the Volte Lender Resale Option once You have listed an item for rent or sale on The Volte Website and opted in via myVolte , eBay will send You notifications (which may include email notifications), such as emails prompting You to add the item, or confirming that it has already been added, to My Closet on eBay (if You do not already have an eBay account, You will be able to create one).

    

4. The email notifications referred to in clause 3 will be sent to the current email address registered to your account on The Volte Website at the time You opt into the Volte Lender Resale Option. You represent and warrant that this email address is owned by You.

    

5. Whenever You opt into the Volte Lender Resale Option, The Volte will share the Customer Data, Product Data, Product Description and Product Images associated with the item with eBay and this data will appear in Your My Closet. You acknowledge and agree that if you elect to make Your My Closet public, any data that appears in Your My Closet (other than Customer Data) may become publicly accessible.

    

6. Your use of and access to the eBay Services (including the Volte Lender Resale Option) will be in accordance with and subject to the terms of the eBay User Agreement (“UA”) and Payment Terms of Use (“PTOU”). All terms defined in the UA or PTOU will have the same meaning when used in these Terms.

    

7. Your Responsibility for Accuracy of Your Resale Listing - You acknowledge and agree that the details eBay saves for You in Your My Closet (including the Customer Data, Product Data, Product Description and Product Images) to assist You to create a pre-populated draft listing for an item are for Your convenience only and are provided to eBay by The Volte at the time You opt into the Volte Lender Resale Option. You are solely responsible for updating any details of the pre-populated draft listing for that item to ensure they are accurate and not misleading or deceptive at the time You choose to re-sell the item(s) on the eBay Website, including by adding any photographs of the item(s) in their current condition.

    

8. Limitation of Liability: TO THE EXTENT PERMITTED BY APPLICABLE LAW, YOU EXPRESSLY UNDERSTAND AND AGREE THAT IN NO EVENT WILL EBAY, ITS AFFILIATES, SUBSIDIARIES, EMPLOYEES, AGENTS, SUPPLIERS OR INDEPENDENT CONTRACTORS (THE “DISCLAIMING ENTITIES”) BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES OR LOSS, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR INTERRUPTION, LOSS OF INCOME, BUSINESS, PROFITS, GOODWILL, USE, DATA, SAVINGS OR OTHER PECUNIARY OR INTANGIBLE LOSSES, HOWEVER CAUSED AND UNDER ANY THEORY OF LIABILITY (INCLUDING NEGLIGENCE), WHETHER SUCH DAMAGES ARE ALLEGED IN TORT, CONTRACT, OR ANY OTHER LEGAL OR EQUITABLE THEORY, AND WHETHER OR NOT ANY OF THE DISCLAIMING ENTITIES HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. UNDER ALL CIRCUMSTANCES, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE MAXIMUM AGGREGATE LIABILITY OF THE DISCLAIMING ENTITIES, INCLUDING EBAY, ITS PARENTS, SUBSIDIARIES, AND AFFILIATES, AND EACH OF THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, AND ADVISORS, ARISING OUT OF OR RELATING TO THESE TERMS OR YOUR USE OF THE VOLTE LENDER RESALE OPTION, WILL NOT EXCEED $100.

    

9. Use at Own Risk: Your use of the Volte Lender Resale Option is at Your sole risk. The Volte Lender Resale Option is provided on an “as is” and “as available” basis without any warranty or condition, express, implied or statutory.

    

10. No Representation Regarding the Volte Lender Resale Option: To the fullest extent permitted by law, eBay and the disclaiming entities make no representation or warranty of any kind whatsoever for the Volte Lender Resale Option, the content, materials, information, and/or functions available through the Volte Lender Resale Option, or for any breach of security associated with the transmission of information (including sensitive information) as a result of the Volte Lender Resale Option.

     

11. Errors & Inaccuracies: Any reliance on the material or information made available through the eBay Resale Solution is at Your own risk. We do not warrant that the eBay Resale Solution will be uninterrupted, timely, secure or error-free, or that any errors will be corrected. 

     

12. Updates to Terms: We are continuously working to develop and improve the Volte Lender Resale Option. We may update these Terms accordingly from time to time, by publishing the updated Terms on the eBay Website. For example, we may make changes to these Terms or the Volte Lender Resale Option:

• Changes to the law or regulatory requirements; 
• Security or safety reasons; 
• Circumstances beyond our reasonable control; 
• Changes we make in the usual course of developing the Volte Lender Resale Option; and

• To adapt to new technologies. 

   

  We will give You at least 30 days advance notice of changes to these Terms that materially adversely impact You either via email or an in-product notification. All other changes will be effective as soon as we post them to the eBay Website. If You do not agree to the changes, You must stop using the Volte Lender Resale Option.

13. Governing Law and Jurisdiction: These Terms are governed by the laws of New South Wales and You submit to the exclusive jurisdiction of the New South Wales courts in relation to any disputes arising under these Terms or in relation to the eVolte Lender Resale Option.

     

14. Conflicts: In the event of any conflicts between these Terms and the UA or PTOU, the UA or the PTOU (as applicable) will take precedence.

     

15. Definitions: Capitalised terms which have not yet been defined will have the following meaning:

     

    Customer Data: means any Personal Information and any other data, records or information supplied by or on behalf of You to The Volte when you create an account on The Volte Website and/or list an item for rent or sale on The Volte Website.

     

    eBay Services means the sites, services, applications and tools that eBay provides to You.

     

    eBay Website means www.ebay.com.au or such other eBay website that you choose to re-sell your item(s) purchased on Participating Brands’ websites on.

     

    My Closet: means the eBay functionality which has been created to store Your Customer Data, Product Data, Product Description and Product Images in Your eBay account including for the purpose of allowing You to later create a pre-populated listing of an item listed by You on The Volte Website in order to re-sell it on the eBay Website. My Closet is an integral part of the Volte Lender Resale Option.

     

    myVolte: means the Volte functionality which stores Your Customer Data, Product Data, Product Description and Product Images in Your Volte account.

    Personal Information means:

     

    a) information or an opinion about an identified individual, or an individual who is reasonably identifiable, whether the information or opinion is true or not and whether the information or opinion is recorded in a material form or not; and

     

    b) information or a document that relates to the affairs or personal particulars of another person (such as a company or a business), which is received or learnt by a party from any source as a consequence of or in the performance of its rights and obligations under these Terms.

     

    Product Data: means the data supplied by You when listing an item for rent or resale on The Volte Website including sizing, material, washing instructions, condition, colour, item style, fit and any other information related to the item.

     

    Product Description: means the copy supplied by You when listing an item for rent or resale on The Volte Website, including the item description and any item details.

    Product Images means all photographs and other images supplied by You when listing an item for rent or resale on The Volte Website.

     

    Product Images means all photographs and other images supplied by You when listing an item for rent or resale on The Volte Website.

     

    Related Body Corporate means in relation to either Party a body corporate that is deemed to be related to that Party pursuant to the definition of that term in section 50 of the Corporations Act 2001. In the case of eBay, this shall be deemed to include but is not limited to eBay Australia & New Zealand Pty Ltd.

     

    The Volte means The Volte Group Pty Ltd (ABN 58 612 108 979), with its principal place of business at 1/4 Gugeri Street, Claremont, WA 6010, Australia.

     

    The Volte Lender Resale Option means the resale option that enables You to:

    a) opt-in to later list the item You have listed on The Volte Website for resale on the eBay Website; and

    b) (i) store the Customer Data, Product Data, Product Description and Product Images in My Closet and (ii) assist create a pre-populated “draft” listing to

    re-sell the item on eBay Website.

     

    The Volte Website means the website operated by The Volte and located at

    www.thevolte.com or such other successor Australian domain name as The Volte may designate from time to time, and includes thevolte.com mobile phone application (for any operation system).