EBAY MOBILE APPLICATION PRIVACY POLICY AND TERMS OF USE - AUSTRALIA
This Application, Privacy Policy, and Terms of Use © 2010 - 2011 eBay Inc.
By using this eBay Mobile Application (the “Application”), you agree to be bound by this eBay Mobile 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”.
EBAY MOBILE APPLICATION PRIVACY POLICY
This policy applies to your use of the Application and tells you how we use and protect personal information we may collect about you. 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. When you use this Application, we may collect and store some or all of the following, for the purpose of providing you a mobile eBay user experience
We use this information to operate and improve our eBay applications, sites, services, and tools and for other purposes as more fully set out in the Applicable Terms.
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. eBay has no control over, and assumes no responsibility for, any share functionality or the content, privacy policies, or practices of any third party site. You are subject to the policies of those third parties when and where applicable. By using this Application, you expressly release eBay from any and all liability arising from your use of any share functionality or third-party site accessed from this Application. We encourage you to ask questions before you disclose your personal information to anyone.
User Control and Uninstall. You can access and change user settings or delete your search history from the options/settings menu 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. Please use this link if you wish to close your selling account: close Seller account.
Security. The information this Application collects may be stored locally on your device and may be shared with our Affiliates (as defined below) in Australia and overseas, including by, without limitation, being transmitted outside Australia to servers owned by eBay Inc. in the United States, and as more fully described in the Applicable Terms. The transmission of information over wireless and wired networks is not inherently secure. eBay uses many tools to help protect your personal information against unauthorized access and disclosure however we may be required to disclose information to comply with law, to government or third parties under certain circumstances, or third parties may unlawfully intercept or access transmissions or private communications. Therefore we do not guarantee, and you should not expect, that, in using this Application, your personal information or private communications will always remain private.
Policy Changes. eBay reserves the right to make changes to this Privacy Policy from time to time. Any material changes will take effect immediately for new versions or downloads of the Application 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.
Privacy Contact. For Privacy related questions, please contact us at “eBay Legal – Global Privacy Practices”, eBay International AG, Helvetiastrasse 15/17, 3005, Bern, Switzerland.
EBAY MOBILE APPLICATION 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 download and 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 allows you to upload and post content to eBay’s website(s). The following policies, among others in the www.ebay.com.au User Agreement, apply to your use of this Application: Listing Policy, Prohibited & Restricted Items Policy, and PayPal Buyer Protection Policy (Seller Responsibilities). Please review all policies prior to using this Application. 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 without limitation all rights under patent, copyright, confidential information, trademark, 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" and “as available”. You download and use this Application at your own discretion and risk, and by way of clarification but not limitation, you are solely responsible for any damages to your hardware device(s) or loss of data that results from the download or use of this Application. eBay expressly disclaims to the fullest extent permitted by law all 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 is required by law to provide such warranties. 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. 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.
Limitation of Liability. To the extent permitted by law, eBay and its Affiliates 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. 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 Trade Practices Act 1974 (Cth) and relevant state fair trading legislation. For example, if eBay is found (by judgment of a court of competent jurisdiction) to have breached a warranty or condition implied by law, and you are considered a consumer for the purpose of that law, then the limitation of liability in this clause will not apply to you. 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 and the Applicable Terms from time to time. Any material changes will take effect immediately for new versions or downloads of the Application 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. You are responsible for complying with both foreign and domestic laws and regulations. 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) Cuba, Iraq, Iran, Libya, North Korea, 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) you will not export or re-export this Application to any prohibited country, person, end-user or entity specified by US Export Laws. These Terms of Use will be governed in all respects by the laws of the State of New South Wales, Australia. You and eBay irrevocably submit to the non-exclusive jurisdiction of the courts of New South Wales, Australia. If any term is severable, or if any term is held to be invalid or unenforceable, then the remaining provisions will be enforced. This Terms of Use may be assigned by eBay to a third party without your consent in the event of a sale or other transfer of some or all of the assets of eBay.
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.
Revision Date: September 27, 2011
Last Modified: June 03, 2011
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