EBAY APPLICATION PRIVACY POLICY & TERMS OF USE – UNITED KINGDOM
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 or provide personal information. Your use of these features and this Application is also subject to thePrivacy Policy, User Agreement, and other agreements applicable to you at www.ebay.co.uk.
APPLICATION PRIVACY POLICY
This Application Privacy Policy describes how this Application collects, uses and protects your information. If you reside within the European Union, the data Controller is eBay Europe S.à.r.l., 22-24 Boulevard Royal, L-2449 Luxembourg.
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 utilise social networking or “share functionality” or may contain links to third party sites that are not owned or controlled by eBay. This Application utilises 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. You may not: (a) modify, copy, publish, license, sell, or otherwise commercialise 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). Your right to use this Application will terminate immediately if you violate any provision of these Terms of Use.
This Application may not contain the same functionality available on the www.eBay.co.uk 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. eBay disclaims responsibility for any harm resulting from your use of this Application.
The Application and the service(s) accessed by it are provided "as is" and “as available”.
eBay expressly disclaims to the fullest extent permitted by law all express, implied, and statutory warranties.
eBay expressly disclaims the warranties of merchantability, fitness for a particular purpose, and non-infringement of proprietary rights.
eBay expressly disclaims any warranties regarding the security, reliability, timeliness, and performance of this Application.
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.
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. eBay is not liable to you or any user for any use or misuse of this Application. Such limitation: (a) includes direct damages, whether such claim is based on warranty, contract, tort or otherwise (even if eBay has been advised of the possibility of such damages); (b) includes indirect, incidental, consequential, special, exemplary and punitive damages, whether such claim is based on warranty, contract, tort or otherwise (even if eBay has been advised of the possibility of such damages); (c) applies whether damages arise from use or misuse of and reliance on this Application, from inability to use this Application, or from the interruption, suspension, or termination of this Application (including any damages incurred by third parties); and (d) applies notwithstanding a failure of the essential purpose of any limited remedy and to the fullest extent permitted by law. Nothing in these Terms of Use shall limit or exclude eBay’s liability for fraudulent misrepresentation, for death or personal injury resulting from our negligence or the negligence of our agents or employees or for any other liability that cannot be limited or excluded by law. Further, you will not seek to recover any consequential, lost profit, special, indirect, or incidental damages from eBay.
Compensation. You will compensate eBay in full (and its parent companies, subsidiaries, joint ventures, shareholders, officers, directors, agents and employees) for any losses or costs, including, without limitation, reasonable legal fees, we incur arising directly or indirectly from or exacerbated directly or indirectly by your conduct or in connection with your use of this Application, any alleged violation of this Privacy Policy and Terms of Use, and any alleged violation of any applicable law, regulation or the rights of a third party. eBay reserves the right, at its own expense, to assume the exclusive defence and control of any claim or investigation brought by any third party, including, without limitation, a regulator or law enforcement agency, subject to this compensation provision, but doing so will not excuse your compensation 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.
A person who is not a party to these Terms of Use has no right under the Contracts (Rights of Third Parties) Act 1999 to enforce any term herein but this does not affect any right or remedy of a third party specified herein or which exists or is available apart from that Act.
If any provision of these Terms of Use is held to be invalid or unenforceable, such provision shall be struck out and the remaining provisions shall be enforced.
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.
These Terms of Use sets forth the entire understanding and agreement between us with respect to the subject matter hereof.
Contracting Parties. If you reside within the European Union the contracting party is eBay Europe S.à.r.l., 22-24 Boulevard Royal, L-2449 Luxembourg. If you reside in the United States of America, the contracting party is eBay Inc., 2145 Hamilton Avenue, San Jose, California 95125, USA. If you reside in India, the contracting party is eBay India Private Limited, a company incorporated under Companies Act, 1956, with a registered office at 101-B, Akruti Corporate Park, Kanjurmarg (West), Mumbai 400079, Maharashtra, India. For all other countries, the contracting party is eBay International AG, Helvetiastrasse 15/17, 3005, Bern, Switzerland.
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.