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eBay Promotions Manager Terms & Conditions

By using the eBay Seller Hub Promotions Manager tool ("Tool"), you (“You” and “Your”) agree to be bound by the following Terms and Conditions ("Terms"). These Terms, as amended from time to time, take effect upon Your first use of the Tool and will remain in effect so long as You continue to use the Tool.

The Tool is a web-based tool that is designed to be used in conjunction with the eBay.com.au site (“eBay Site”). These Terms apply in addition to eBay's User Agreement, User Privacy Notice, Payments Terms of Use, other applicable eBay policies (together "eBay Policies") and any applicable laws and regulations (including but not limited to the Australian Consumer Law). If there is any conflict or inconsistency between these Terms and any eBay Policies, these Terms will prevail.

In these Terms, "eBay" or “we” means eBay Marketplaces GmbH and its affiliates and subsidiaries. You warrant that You are duly authorised to accept and be bound by these Terms.

  1. Application and Use
    1. You will only be able to use the Tool if You are a registered seller with a current eBay Stores subscription on the eBay Site with at least one active listing.
    2. eBay may, at any time and in its sole discretion, increase or limit participation or use of the Tool.
    3. Your use of the Tool is subject to You complying at all times with eBay Policies including the minimum seller performance standards and prohibited and restricted items policies. eBay has the right to temporarily or permanently exclude You from using the Tool should You fail to comply with the eBay Policies.
    4. eBay, in its sole discretion, shall decide whether, where on the eBay Site and in what manner Your Promotion(s) will be displayed to buyers.
    5. This Tool is available to create Promotions on the eBay Site only.
  1. Promotions
    1. Using the Tool, You can create various discount offers for buyers, when they purchase certain of Your items or combination of Your items during a specified period of time (“Promotion(s)”). The types of Promotions You can create and offer buyers using the Tool are set out in sections 3, 4, 5, and 6 of these Terms.
    2. All listings that You wish to include in a Promotion must:
      1. be in a fixed price format; and
      2. have ‘Buy It Now’ pricing.
    3. You may pause (except for Sale Event + Markdown Promotions), or end any of Your Promotions at any time using the Tool. You can edit the end date of Your Promotions and/or the budget for Your Coded Coupon Promotions when they are live using the Tool.
    4. If there is an eBay coupon available on an item, users may be able to apply both Your Promotion and the eBay coupon at checkout.
    5. You acknowledge and agree that:
      1. You, and not eBay, are the offeror of any Promotion that You create using the Tool;
      2. It is Your responsibility at all times to comply with any laws, including but not limited to the Australian Consumer Law, when offering Your Promotions to qualifying buyers. In particular, You must ensure that (1) prior to creating and offering Coded Coupon Promotions, You are satisfied with the (“Buyer Terms and Conditions”), including that they meet Your legal obligations, (2) when sharing Your Promotions, whether on or off the eBay Site (including in your buyer’s order, or Your marketing and social media channels), all the significant terms and conditions are clearly communicated to ensure that You are not misleading consumers, and (3) You do not share any of Your Promotions after when the Promotion is no longer valid;
      3. You and not eBay will be responsible in resolving any customer issues relating to Your Promotion(s) with your buyers; and
      4. You and not eBay will be responsible for Your or any third party's performance or failure to perform any services and/or obligations related to any of Your Promotions, or for any costs, damages, accident, delay, injury, loss, expense, or inconvenience that may arise in connection with the use of any Promotion.
    6. From time to time, eBay may decide, in its discretion, to feature Your Promotion(s) on the eBay Site. In the event eBay decides to feature Your Promotion(s), eBay will notify You and request You to submit Your Promotion parameters (for example, the end date of the Promotion, the coupon code, discount amount etc). In providing Your Promotion parameters to eBay for the purpose of featuring Your Promotion on the eBay Site, You:
      1. warrant that, any parameters You provide eBay with respect to Your Promotion(s) are accurate, true and up-to-date, and that eBay can rely on these parameters to create any advertising or marketing materials to feature Your Promotion on various placements of the eBay Site;
      2. acknowledge and agree that eBay may rely on these parameters to create materials to feature Your Promotion(s) on the eBay Site, and that You shall act in good faith at all times to ensure that Your Promotion(s) parameters are maintained to ensure the materials are not misleading or incorrect; and
      3. pause or cease featuring Your Promotion(s) at any time in its discretion.
  1. Order Discount
    1. The terms in this section 3 apply to Your use of the Tool to create and offer Order Discount Promotions, if applicable.
    2. From time to time, using the Tool You may create and offer a discount off (1) all of Your inventory, (2) a specific category of Your inventory, or (3) selected items from Your inventory, when a buyer reaches a minimum order quantity or monetary threshold (“Order Discount”). For example, "Save $25 when You buy 3 or more items" or "Save $25 when You spend $100 or more".
    3. When offering Order Discounts Promotions, You can either:
      1. select up to a maximum of 500 items per Promotion from Your inventory (You may remove or add items at any time); or
      2. create rules using categories and filters with no maximum item limit.
    4. When a buyer purchases items included in Your Order Discount Promotion, the discount (whether a percentage or fixed amount) shall be calculated on the total order value (excluding postage and handling). The discounted total will be displayed to the buyer on the View Item page and at checkout.
  1. Volume Pricing
    1. The terms in this section 4 apply to Your use of the Tool to create and offer Volume Pricing Promotions, if applicable.
    2. From time to time, using the Tool You may create and offer a tiered percentage discount off (1) all of Your inventory, (2) a specific category of Your inventory, or (3) selected items from Your inventory, when a buyer purchases more than two included items in one transaction (“Volume Pricing”). The discount percentage that You can offer in Volume Pricing Promotions is anywhere between 1 and 80 percent. For example, "Buy 2 or more and save 20% off each item" or "Buy 4 or more and save 80% off each item".
    3. When offering Volume Pricing Promotions, You can either:
      1. select up to a maximum of 500 items per Promotion from Your inventory (You may remove or add items at any time); or
      2. create rules using categories and filters with no maximum item limit.
    4. The discounts offered in Your Volume Pricing Promotions will be applied when the buyer purchases multiple quantities of the included items in one transaction. For example, if Your Volume Pricing Promotion contains Item A and Item B, but not Item C, the discount may apply in the following ways:
      1. If a buyer purchases multiple quantities of any item included in Your Promotion, e.g. buying 2 x Item A, in a single transaction, this will trigger the discount.
      2. If a buyer purchases multiple variations of any item included in Your Promotion, e.g. buying 1 x Item A in color green and 1 x Item A in color blue, this will trigger the discount
      3. If a buyer purchases single quantities of multiple items in the same Promotion, e.g. buying 1 x Item A and 1 x Item B, in a single transaction, this will trigger a discount unless you check the single item discount flag when creating Your Promotion.
      4. The discount will not be applied when a buyer purchases single quantities of multiple items that are not included in the same Promotion, e.g. buying 1 x Item A and 1 x Item C, in a single transaction.
  1. Coded Coupons
    1. The terms in this Section 5 apply to Your use of the Tool to create and offer Coded Coupons Promotions, if applicable.
    2. From time to time, using the Tool You may create and offer various discounts off (1) all of Your inventory, (2) a specific category (i.e. a store or eBay category) of Your inventory, or (3) selected items from Your inventory (“Coded Coupon Eligible Items”), in the form of public or private coupons (“Coded Coupons”) during the specified promotion period (“Seller Promotion Period”).
    3. If You choose to create and offer a Coded Coupon Promotion, a Coded Coupon will be displayed in relation to Your Coded Coupon Eligible Items, and the Coded Coupon will be redeemable by qualifying buyers during the Seller Promotion Period.
    4. You agree that the Coded Coupons will be available for the qualifying buyers to use throughout the Seller Promotion Period. There may be times where Your Coded Coupon Promotion ends earlier than the Seller Promotion Period due to the budget You have set in the Tool being reached. In such cases, You shall ensure that the buyer continues to be able to use the Coded Coupons as initially communicated for the duration of the Seller Promotion Period, notwithstanding Your budget being reached.
    5. Your Coded Coupons Promotions shall be governed by the Coded Coupon terms and conditions between You and the qualifying buyers, as linked in the Coded Coupon Promotion (“Buyer Terms and Conditions”). You must read and be satisfied with the Buyer Terms and Conditions prior to creating any Coded Coupon Promotions.
    6. You agree not to increase the non-discounted price for all Coded Coupon Eligible Items for a period of at least the ten (10) days preceding the Seller Promotion Period to make Your Coded Coupon Promotion appear more appealing, although you may lower Your prices at Your discretion.
    7. When a qualifying buyer redeems a Coded Coupon to purchase a Coded Coupon Eligible Item, You will receive payment equal to the discounted price of the Coded Coupon Eligible Item.
  1. Sale Event + Markdown
    1. The terms in this section 6 apply to Your use of the Tool to create and offer Sale Event + Markdown Promotions, if applicable.
    2. From time to time, using the Tool You may create and offer a sale event with a percentage off discount (and add up to 10 different levels of percentage discounts) on your selected inventory (“Sale Event + Markdown”) for a specified period of time. The discount percentage that You can offer in a Sale Event + Markdown Promotion is anywhere between 5 and 80 percent.  For example, “Save up to 50% on designer accessories or Save 20% off designer handbags”.
    3. If you choose to offer free postage for all discounted items included in Your Sale Event + Markdown Promotion, this will only apply to first domestic postage service.
    4. When offering a Sale Event + Markdown Promotion, You can either:
      1. select up to a maximum of 500 items per Promotion from Your inventory (You may remove or add items at any time); or
      2. create rules using categories and filters to include up to 10,000 items per Promotion, where the included items will automatically update as new items are listed and include skipped items as they qualify.
    5. If You choose to ‘Keep items in this sale and block revisions for price increase’ when You set up your Sale Event + Markdown Promotion, You won’t be able to increase the price of the items through revision or update while Your Promotion is running.
    6. If You increase the item price, revise the shipping cost, or both for an item on the ‘Revise My Item’ page, it will be automatically removed from the Promotion.
    7. Your item may not be included in a Sales Event + Markdown Promotion if Your item has not been listed on the eBay Site for a sufficient time. If an item is already included in Sales Event + Markdown Promotion, You will not be able to add it into another Sales Event + Markdown Promotion.
    8. You cannot include items in a Sale event + Markdown Promotion with free shipping if the items has one of the following postage options:
      1. Freight shipping; or
      2. Local pickup only.
  1. Returns
    1. The returns policy specified in each of Your individual listings will apply to any item(s) sold from Your Promotions.
    2. For purchases and buyers eligible for protection under the eBay Money Back Guarantee, eBay will treat the cost-weighted discounted price of an item as the "full cost" of that item.
  1. Fees
    1. The Tool is available for Your use as part of Your eBay Stores subscription. eBay does not currently charge an additional fee for use of the Tool.
    2. You are subject to all other seller fees as set out on the eBay Site, including but not limited to final value fees and feature fees, as agreed between You and eBay under eBay’s User Agreement.
  1. Termination
    1. You may cease using the Tool at any time.
    2. Without limiting other remedies, eBay, acting reasonably may, immediately suspend or terminate any of Your Promotion(s) and/or Your access to the Tool at any time, if in eBay's opinion it necessary to do so, including where:
      1. You breach any part of these Terms, eBay’s User Agreement or any of the eBay Policies;
      2. You or Your Promotion(s) are creating customer service issues;
      3. if eBay considers that Your Promotion(s) is misleading or otherwise in contravention of the Australian Consumer Law; or
      4. if eBay considers You pose a risk to eBay or other eBay users.
    3. eBay will make best efforts to give you prior notice of such termination unless there is a need to act urgently to prevent loss or damage to eBay or its users. Such suspension or termination will not relieve You of Your obligation to honour Your Promotions to qualifying buyers who have already placed orders for your items using Your Promotion.
    4. The following sections survive termination of these Terms: "Application and Use", "Termination", "Disclaimer of warranties and limitation of liability", "Indemnity" and "Miscellaneous."
  1. Disclaimer of warranties and limitation of liability
    1. Your use of the Tool is at Your own risk and access is provided to You on an "as is" basis. To the extent legally permitted, eBay (including our officers, directors, employees, and agents) disclaim all warranties, express or implied, in connection with the Tool and Your use of the Tool and exclude liability for any loss, liability or damage suffered by You in connection with the Tool.
    2. eBay does not warrant continuous, error-free or secure access to the Tool.
    3. To the extent that eBay is able to limit the remedies available under these Terms, eBay expressly limits its liability for breach of a non-excludable statutory guarantee to the following remedies:
      1. the supply of the services again; or
      2. the payment of the cost of having the services supplied again.
  1. Indemnity
    1. You agree to indemnify eBay (including our affiliates, officers, directors, employees and agents) from and against any and all claims, damages, obligations, losses, liabilities, costs or debt and expenses (including but not limited to legal fees) arising from Your:
      1. use of and access to the Tool;
      2. Promotion(s);
      3. violation of any of these Terms;
      4. failure to comply with any laws or regulations, including but not limited to the Australian Consumer Law; or
      5. violation of any third party right, including without limitation any intellectual property rights or privacy rights.
    2. This indemnity is a continuing obligation, separate and independent from Your other obligations, which will survive termination of these Terms. It is not necessary for eBay to incur expense or make a payment before enforcing a right of indemnity.
  1. Miscellaneous
    1. eBay may amend these Terms at any time by posting the amended terms on the eBay Site and, in the case of material amendments, by notifying You through eBay Messages (in My eBay) or directly to the email address linked to Your account. If You do not accept the changes, You should stop using the Tool.
    2. If eBay does not enforce any particular provision, eBay is not waiving its right to do so later. If a court finds any of the Terms unlawful, invalid or unenforceable, the remaining terms will not be affected. eBay may automatically assign this agreement in its sole discretion in accordance with the notice provision below.
    3. eBay reserves the right to substitute, change or remove features or functionality of the Tool at any time in its sole discretion, with or without prior notice. In addition, eBay reserves the right to remove the Tool completely upon 14 days’ advance notice.
    4. These Terms are governed and construed in all respects by the laws of New South Wales, Australia. Both You and eBay submit to the non-exclusive jurisdiction of courts exercising jurisdiction in New South Wales.

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