EBAY APPLICATION PRIVACY POLICY & TERMS OF USE – AUSTRALIA
Revision Date: April 11, 2014
Last Modified: July 31, 2013
This Application and Application Privacy Policy & Terms of Use © 2010 - 2014 eBay Inc.
By using this eBay Application and related Widgets (if any) (collectively, the “Application”) you agree to be bound by this eBay Application Privacy Policy and Terms of Use. Certain features of this Application may require you to be an eBay member. Your use of these features and this Application is also subject to the Privacy Policy and User Agreement of the applicable eBay country site at which you are a member, or which is accessed by this Application. For Australia, these are the Privacy Policy and User Agreement available at www.ebay.com.au. (together, these comprise the “Applicable Terms”).
APPLICATION PRIVACY POLICY
This Application Privacy Policy describes how this Application collects, uses and protects your information. You expressly consent to our use and disclosure of your personal information in the manner prescribed in this “Privacy Policy” and the Applicable Terms . If you reside within Australia the contracting party and data Controller is eBay International AG, Helvetiastrasse 15/17, 3005, Bern, Switzerland.
Data Collection and Use. We may collect and store some or all of the following, for the purpose of providing you an eBay user experience:
We and our Service Providers use this information to operate and improve our eBay applications, sites, services, and tools.
This Application may utilize social networking or “share functionality” or may contain links to third party sites that are not owned or controlled by eBay. This Application utilizes the Google Maps API Service. By using this Application, you’re agreeing to be bound by Google's Privacy Policy where you can control your privacy settings. eBay has no control over, and assumes no responsibility for, any share functionality or the content, privacy policies, terms of service or practices of any third party site. You are subject to the policies and terms of service of those third parties when and where applicable, including Google's Terms of Use. By using this Application, you expressly relieve eBay from any and all liability arising from your use of any share functionality or third-party site accessed from this Application.
Sharing Information. We may share the information we collect with members of the eBay corporate family to provide joint content and services (like registration, transactions and customer support), to help detect and prevent potentially illegal acts and violations of our policies, and to guide decisions about their products, services and communications. Members of our corporate family will use this information to send you marketing communications only if you’ve requested their services. This Application may use third parties to provide parts of our services as well as to provide analytical data about your use of the Application back to us. We may deploy devices such as cookies that enable those third parties to anonymously collect and aggregate usage data and report it back to us. Third parties that we contract with to help provide our services cannot use your personal information for their own purposes without your explicit consent.
If you have more than one eBay Inc. application, we may share a limited amount of your information within the applications in order to improve your eBay experience.
User Control. You can access and change user settings or delete your search history from the settings menu in the Application or on your device. Uninstallation methods vary depending on your device. To uninstall this Application, please use the application manager provided with your device or consult your device manual for reference.
Security. The security of your information is important to us. The information this Application collects may be stored locally on your device and may be transmitted to our servers in the United States and/or European Union. We employ generally accepted industry standards to protect your personal information. The transmission of information over wireless and wired networks is not 100% secure, so we do not guarantee the security of your information.
Updates. We reserve the right to update this Privacy Policy from time to time. Any material changes will take effect immediately for new users and upon the expiration of thirty (30) days after notification for current users. If you do not agree to any changes, please uninstall and discontinue using this Application. Any use of this Application after the thirty (30) day notice period constitutes your acceptance of any change.
Contact. For questions about this Application Privacy Policy, please contact us at “eBay Legal – Global Privacy Practices” using the appropriate address listed in Contracting Parties below, or you can email us at mobileprivacy@ebay.com.
TERMS OF USE
Application Use. eBay grants you the right to use this Application only for your personal use and only in accordance with the Applicable Terms. Only individuals over the age of 18 years of age and who can form legally binding contracts under applicable law are permitted to use this Application. You may not: (a) modify, copy, publish, license, sell, or otherwise commercialize this Application or any information or software associated with this Application; (b) rent, lease or otherwise transfer rights to this Application; or (c) use this Application in any manner that could impair any eBay site in any way or interfere with any party's use or enjoyment of any eBay site. You must use the Application in compliance with all applicable laws. You must comply with applicable third party terms of agreement when using this Application (e.g. your wireless data service agreement). Without limiting eBay’s other rights, your right to use this Application may be terminated immediately if you violate any Applicable Terms.
This Application may not contain the same functionality available on the www.eBay.com.au website.
Intellectual Property. eBay owns, or is the licensee to, all right, title and interest in and to this Application, including all rights under patent, copyright, trade secret, trademark, or unfair competition law, and any and all other proprietary rights, including all applications, renewals, extensions and restorations thereof. You will not modify, adapt, translate, prepare derivative works from, decompile, reverse-engineer, disassemble or otherwise attempt to derive source code from this Application and you will not remove, obscure or alter eBay's copyright notice, trademarks or other proprietary rights notices affixed to, contained within or accessed in conjunction with or by this Application.
Disclaimer of Warranties. The Application and the service(s) accessed by it are provided "as is", “with all faults”, and “as available”. Your use of this Application is at your own discretion and risk. You are solely responsible for any damages to your hardware device(s) or loss of data that results from your use of this Application. eBay and its affiliates expressly disclaim to the fullest extent permitted by law all guarantees and express, implied and statutory warranties, including without limitation the warranties of merchantability, fitness for a particular purpose and non-infringement of proprietary rights, and any warranties regarding the security, reliability, timeliness and performance of this Application unless and other than to the extent eBay and its affiliates are required by law to provide such warranties. Consumers (as defined by consumer protection laws) may be entitled to the benefit of certain warranties under applicable trade practices or fair trading legislation in Australia. If you are considered a consumer under an Australian consumer protection law that applies to eBay, you will be entitled to the benefit of certain warranties under that legislation. For more information on consumer protection laws, please visit www.accc.gov.au or the website of your state fair trading agency. Bid update and other notification functionality in this Application may not occur in real time. Such functionality is subject to delays beyond eBay’s control, including without limitation, delays or latency due to your physical location or your wireless data service provider’s network.
Limitation of Liability. To the extent permitted by law, eBay and its affiliates, and our and their respective officers, directors, agents and employees, are not liable to you for any claim, demand, loss or damage, whether based on warranty, contract, tort or otherwise (including by way of clarification but not limitation, any direct, indirect, incidental, consequential, special or exemplary damages) arising from your use or misuse of this Application or from the interruption, suspension, or termination of this Application (“Claim”), suffered or incurred by you. Further, you will not seek to recover any direct, indirect, incidental, consequential, special or exemplary damages from eBay. Notwithstanding the above provisions, nothing in this Terms of Use is intended to limit or exclude any liability on the part of eBay and its affiliates, where and to the extent that applicable law prohibits such exclusion or limitation including those within the Competition and Consumer Act 2010 (Cth) and relevant state fair trading legislation. To the extent that eBay is able to limit the remedies available under this Agreement, eBay expressly limits its liability for breach of a non-excludable statutory guarantee to the following remedies: (a) the supply of the services again; or (b) the payment of the cost of having the services supplied again. For more information on consumer protection laws please visit www.accc.gov.au or the website of your state fair trading agency, or consult with a legal practitioner.
Indemnification. You will indemnify and hold harmless eBay and its affiliates and our and their respective officers, directors, agents and employees (each an “ Indemnified”), from any Claim made by any third party, together with any amounts payable to the third party whether in settlement or as may otherwise be awarded, and legal costs incurred by any of the Indemnified, arising from or relating to your use of this Application, any alleged violation by you of the Applicable Terms, and any alleged violation by you of any applicable law or regulation. eBay reserves the right to assume the exclusive defense and control of any such Claim, but doing so will not excuse your indemnity obligations.
Changes to this Application or Terms of Use. eBay reserves the right to make changes to this Application or Terms of Use from time to time. Any material changes will take effect immediately for new users and upon the expiration of thirty (30) days after notification for current users. If you do not agree to any change, please uninstall and discontinue using the Application. Any use of this Application after the thirty (30) day notice period constitutes your acceptance of any change.
Miscellaneous Provisions. The terms of the User Agreement and Privacy Policy at the applicable country site accessed by this Application also apply to your use of this Application. You are responsible for complying with trade regulations and both foreign and domestic laws. You represent and warrant that you are not located in a country that is subject to a US Government embargo, or that has been designated by the US Government as a “terrorist supporting” country and you are not listed on any US Government list of prohibited or restricted parties. This Application or its underlying technology may not be downloaded to or exported or re-exported: (a) into (or to a resident or national of) Burma (Myanmar), Cuba, Iraq, Iran, Libya, North Korea, Sudan, Syria, or any other country subject to United States embargo; (b) to anyone on the US Treasury Department's list of Specially Designated Nationals or on the US Commerce Department's Denied Party or Entity List; and (c) to any prohibited country, person, end-user or entity specified by US Export Laws.
Contracting Parties and Notice. The eBay contracting party is eBay International AG, Helvetiastrasse 15/17, 3005, Bern, Switzerland. All references to eBay in these Terms of Use are to eBay International AG only. All references to “affiliates” mean eBay Inc. and any company controlled by or under common control of eBay Inc. Except as stated otherwise, any notices must be given by registered ordinary post (or if posted to or from a place outside Australia, by registered airmail) or by facsimile transmission to eBay International A.G., c/- Gadens Lawyers, 77 Castlereagh St, Sydney NSW 2000, Fax: (02) 9931 4888, Attn: CXK / DTS Sydney.
ADDITIONAL TERMS. Additional terms and conditions that apply to you (based on the device this Application is installed on):
iOS – Apple
1. This is an agreement between you and eBay, and not with Apple. Apple is not responsible for this Application and the content thereof.
2. eBay grants you the right to use this Application only on an iOS product that you own or control and as permitted by the Usage Rules set forth in the App Store Terms of Service.
3. Apple has no obligation whatsoever to furnish any maintenance and support services with respect to this Application.
4. Apple is not responsible for the investigation, defense, settlement, and discharge of any third party intellectual property infringement claim.
5. Apple is not responsible for addressing any claims by you or any third party relating to this Application or your possession and/or use of this Application, including but not limited to: (a) product liability claims; (b) any claim that the Application fails to conform to any applicable legal or regulatory requirement; and (c) claims arising under consumer protection or similar legislation.
6. In the event of any failure of this Application to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price, if applicable, for this Application to you; and to the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to this Application.
7. Apple and Apple’s subsidiaries are third party beneficiaries of this Privacy Policy and Terms of Use, and, upon your acceptance, Apple as a third party beneficiary thereof will have the right (and will be deemed to have accepted the right) to enforce these Terms of Use against you.
Windows - Microsoft
1. This is an agreement between you and eBay, not Microsoft. The terms of use and privacy policies of Microsoft and, where applicable, the network operators that provide billing services for the Windows Phone Marketplace do not apply to your use of this Application.
2. You may install and use one copy of this Application on up to five (5) Windows enabled devices you personally own or control and which are associated with your Microsoft account. You may not install or use a copy of this Application on a device you do not own or control.
3. Microsoft, your device manufacturer, and (if applicable) your wireless carrier are not responsible for providing support services for this Application.
4. Microsoft, the wireless carriers over whose network this Application is distributed (if applicable), and each of their respective affiliates, vendors, agents and suppliers (collectively, “Disclaiming Distributors”) give no express warranty, guarantee or conditions under or in relation to this Application. To the extent permitted under your local laws, the Disclaiming Distributors exclude any implied warranties or conditions, including those of merchantability, fitness for a particular purpose and non-infringement.
5. You, and not the Disclaiming Distributors, bear the risk of using this Application (even if the Disclaiming Distributors have been advised of the possibility of damages to you). You may have additional consumer rights under your local laws which these Terms of Use cannot change.
6. To the extent not prohibited by law, you will not seek to recover any consequential, lost profit, special, indirect, or incidental damages from any Disclaiming Distributor.
BlackBerry – Research in Motion
This Application uses network services and may incur additional network data charges (including additional charges when roaming).
1. To the extent permitted under your local laws, Research in Motion E-Commerce (Inc., Corp. & S.a.r.l.), the telecommunications carriers over whose network this Application is distributed (if applicable), and any third party merchant of record acting as a merchant of record for any transaction associated with this Application (collectively, “Disclaiming Parties”) exclude any liability whatsoever in relation to the Application including without limitation in relation to the sale, distribution or use thereof, or the performance or non-performance of the Application.
2. The Disclaiming Parties are third party beneficiaries of this section entitled “Blackberry – Research in Motion” of the Privacy Policy and Terms of Use, and, upon your acceptance, the Disclaiming Parties as third party beneficiaries thereof will have the right (and will be deemed to have accepted the right) to enforce the terms of this section against you.
Open Source. Portions of this Application may contain some or all of the following: (a) Copyright 2008 ZXing Authors; (b) Copyright 2001-2010 Joda-Time Authors; (c) Copyright 2012 FasterXML.com; and (d) Copyright 2005-2013 Google/Android Open Source Project. Licensed under the Apache License, Version 2.0 (the " License"); you may not use these files except in compliance with the License.
You may obtain a copy of the License at:
http:www.apache.org/licenses/LICENSE-2.0
Unless required by applicable law or agreed to in writing, software distributed under the License is distributed on an "AS IS" BASIS, WITHOUT WARRANTIES OR
CONDITIONS OF ANY KIND, either express or implied. See the License for the specific language governing permissions and limitations under the License.