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Terms and Conditions

eBay Resale Solution Terms and Conditions

These terms apply if You opt into the eBay Resale Solution by checking the relevant box when purchasing an item on a Participating Brand’s website (“Terms”). 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:

a.      the Participating Brand sharing Your Customer Data with The Volte Group Pty Limited (trading as “The Volte”) (ACN: 612 108 979) of ZAPPAVIGNA CONSULTING PTY LTD, 'building C' G, 355 Scarborough Beach Road, Osborne Park, Perth, Western Australia (“The Volte”); and

b.      The Volte sharing Your Customer Data with eBay and its Related Bodies Corporate,

for the purposes of the eBay Resale Solution 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 eBay Resale Solution once You have made a purchase and opted in on a Participating Brand’s Website, eBay will send You notifications (which may include email notifications), such as emails prompting You to add Your purchase 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 email address You use when You make a purchase on a Participating Brand’s website and opt into the eBay Resale Solution. You represent and warrant that this email address is owned by You.

5. Whenever You make a purchase on a Participating Brand’s website and opt into the eBay Resale Solution, the Participating Brand will share the Customer Data, Product Data, Product Description and Product Images associated with the item purchased with eBay[BA3]  and this data will appear in Your My Closet.

6.      Your use of and access to the eBay Services (including the eBay Resale Solution) 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 Participating Brand at the time you made the relevant purchase on the Participating Brand’s  website. 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 EBAY RESALE SOLUTION, WILL NOT EXCEED $100.

  1. Use at Own Risk: Your use of the eBay Resale Solution is at Your sole risk. The eBay Resale Solution is provided on an “as is” and “as available” basis without any warranty or condition, express, implied or statutory.
  2. No Representation Regarding eBay Resale Solution: To the fullest extent permitted by law, eBay and the disclaiming entities make no representation or warranty of any kind whatsoever for the eBay Resale Solution the content, materials, information, and/or functions available through eBay Resale Solution, or for any breach of security associated with the transmission of information (including sensitive information) through eBay Resale Solution.
  3. 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 eBay Resale Solution. 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 eBay Resale Solution due to:

-          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 eBay Resale Solution; 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 eBay Resale Solution. 

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 eBay Resale Solution.

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 customer purchase information, including Personal Information and any other listing data, records or information supplied by or on behalf of You to the Participating Brand as part of Your purchase of the item on the Participating Brand’s website.

eBay Resale Solution: means the resale solution that enables You to:

1.                  opt-in to later list the item purchased on the Participating Brand’s website for resale on the eBay Website; and

2.                  (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.

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 and the Participating Brand’s Product Data, Product Description and Product Images in Your non-public eBay account for the sole purpose of allowing You to later create a pre-populated listing of the item purchased by You on the Participating Brand’s website in order to re-sell it on the eBay Website. My Closet is an integral part of the eBay Resale solution.

Participating Brand means a brand on whose website You purchase an item and opt into the eBay Resale Solution.

Personal Information means:

1.                  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

2.                  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 in relation to a Participating Brand item, all data associated with the item advertised and/or displayed on the Participating Brand’s website, including but not limited to written information including sizing, material, washing instructions and any other information related to the item.

Product Description: means the Participating Brand’s copy used to explain or describe the Participating Brand’s item(s).

Product Images means all photographs and other images associated with a Participating Brand item.

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.