eBay Rules and Policies

eBay Privacy Policy

Membership Eligibility

Use of the Website is available only to persons who can form legally binding contracts under Indian Contract Act, 1872. Persons who are "incompetent to contract" within the meaning of the Indian Contract Act, 1872 including minors, un-discharged insolvents etc. are not eligible to use the Website. If you are a minor i.e. under the age of 18 years, you shall not register as a member of the Website and shall not sell, purchase or bid for any items on the Website. As a minor if you wish to purchase or sell an item on the Website such purchase or sale may be made by your legal guardian or parents who have registered as users of the Website. eBay AG reserves the right to terminate your membership and refuse to provide you with access to the Website if it is brought to eBay AG’s notice or if it is discovered that you are under the age of 18 years.

• Business entity registration: If you are registering as a business entity, you represent that you are duly authorised by the business entity to accept this User Agreement and you have the authority to bind that business entity to this User Agreement.

Your Account and Registration Obligations

If you use the Website, you are responsible for maintaining the confidentiality of your User ID and Password and for restricting access to your computer, computer system and computer network, and you are responsible for all activities that occur under your User ID and Password.

You agree, inter alia, to:

• Provide true, accurate, current and complete information about yourself as prompted by eBay's registration form (such information being the "Registration Data")

• You must not include any of your contact details such as email addresses etc in your User ID; and

• Maintain and promptly update the Registration Data to keep it true, accurate, current and complete. If you provide any information that is untrue, inaccurate, not current or incomplete or eBay AG has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, or not in accordance with the User Agreement, eBay AG has the right to indefinitely suspend or terminate your membership with the Website and refuse to provide you with access to the Website.

Electronic Communications

When You use the Website or send emails or other data, information or communication to eBay AG, You agree and understand that You are communicating with eBay AG through electronic records and You consent to receive communications via electronic records from eBay AG periodically and as and when required. eBay AG will communicate with You by email or by an AB Post notice or electronic records on the eBay Website which will be deemed adequate service of notice / electronic record.

Fees and Services

Membership on the Website is free. eBay AG does not charge any fee for browsing, bidding and buying on the Website. However, before you list an item for sale through the Website, we request you to review our Fees and Credit Policy which is hereby incorporated by reference into this agreement.

eBay AG reserves the right to change its Fee and Credit policies from time to time. In particular, eBay AG may at its sole discretion introduce new services and modify some or all of the existing services offered on the Website. In such an event eBay AG reserves the right to introduce fees for the new services offered or amend/introduce fees for existing services, as the case may be. Changes to the Fee and Credit policies shall be posted on the Website and such changes shall automatically become effective immediately after they are posted on the Website.

Unless otherwise stated, all fees shall be quoted in Indian Rupees.

• Taxes: You are responsible for paying all fees associated with the use of the Website and you agree to bear any and all applicable taxes, charges, cesses etc. levied thereon.

• Non-payment: eBay AG reserves the right to issue a warning, temporarily /indefinitely suspend or terminate your membership of the Website and refuse to provide you with access to the Website in case of non-payment of fees by you to eBay AG. eBay AG also reserves the right to take legal action in case of non-payment of fees by you to eBay AG.

Use of the Website

Platform for Communication

The Website is only a venue where Users may meet and interact with one another for their transactions. eBay AG is not and cannot be a party to or control in any manner any transaction between two Users of the Website. Consequently:

• All commercial / contractual terms are offered by and agreed to between buyers and sellers alone. The commercial / contractual terms include without limitation price, shipping costs, payment methods, payment terms, date, period and mode of delivery, warranties related to goods and services and after sales services related to goods and services. eBay AG does not have any control or determines or advises or in any way involves itself in the offering or acceptance of such commercial / contractual terms between buyers and sellers.

• eBay AG is not responsible for any non-performance or breach of any contract entered into between Users. eBay AG cannot and does not guarantee that the concerned Users will perform any transaction concluded on the Website. eBay AG shall not and is not required to mediate or resolve any dispute or disagreement between Users.

• eBay AG does not make any representation or Warranty as to the attributes (such as quality, worth, marketability, etc.) of the items or services proposed to be sold or offered to be sold or purchased on the Website. In particular, eBay AG does not implicitly or explicitly support or endorse the sale or purchase of any items or services on the Website. eBay AG accepts no liability for any errors or omissions, whether on behalf of itself or third parties.

• eBay AG does not make any representation or warranty as to the attributes (such as legal title, creditworthiness, identity, etc.) of any of its Users. You are advised to independently verify the bona fides of any particular User that you choose to deal with on the Website and use your best judgment in that behalf.

• eBay AG does not at any point of time during any transaction between buyer and seller on Website come into or takes possession of any of the goods or services offered by seller nor does it at any point gain title to or have any rights or claims over the goods or services offered by seller to buyer.

• The Website is only a venue through which Users can reach a larger base to buy and sell items or services. eBay AG is only providing a platform for communication and it is agreed that the contract for sale of any of the products or services shall be a strictly bipartite contract between the Seller and the Winning bidder/buyer. At no time shall any right, title or interest over the items vest with eBay AG nor shall eBay AG have any obligations or liabilities in respect of such contract. eBay AG is not responsible for unsatisfactory or delayed performance of services or damages or delays as a result of items which are out of stock, back ordered or otherwise unavailable. All items are offered only for a restricted time and only for the available supply.

• At no time shall any right, title or interest over the items vest with eBay AG nor shall eBay AG have any obligations or liabilities in respect of such contract. eBay AG is not responsible for unsatisfactory or delayed performance of services or damages or delays as a result of items which are out of stock, back ordered or otherwise unavailable. All items are offered by sellers are only for a restricted time and only for the available supply as offered by sellers.

• You shall independently agree upon the manner and terms and conditions of delivery, payment, insurance etc. with the other registered Users that you transact with.

We do not sell or rent your personal information to third parties for their marketing purposes without your explicit consent and we only use your information as described in the Privacy Policy. We view protection of users' privacy as a very important community principle. We understand clearly that you and Your Information is one of our most important assets. We store and process Your Information on computers located in the United States that are protected by physical as well as technological security devices. We use third parties to verify and certify our privacy principles. Our current Privacy Policy is available at http://pages.ebay.in/help/policies/privacy-policy.html. If you object to your Information being transferred or used in this way please do not use the Website.

PaisaPay Facility

Payments for items on the Website can be made through the electronic and automated collection and remittance services and online payment facility called PaisaPay Facility provided by eBay AG through any service provider including without any restrictions any of eBay AG’s affiliate / service provider in India using the current Indian banking and credit card infrastructure. PaisaPay Facility could be availed under PaisaPay User Agreement, PaisaPay Seller Terms and Conditions and other PaisaPay Rules and Policies. You would be asked by eBay AG to separately accept the aforesaid PaisaPay User Agreement, PaisaPay Seller Terms and Conditions and other PaisaPay rules and policies as may be required and applicable for your nature of activities.

Breach

Without limiting other remedies, eBay AG may limit your activity, immediately remove your bids, or end your listing, warn other Users of your actions, immediately temporarily/indefinitely suspend or terminate your membership, and/or refuse to provide you with access to the Website in the event, but not limited to:

• If you breach the User Agreement or PaisaPay User Agreement or PaisaPay Seller Terms and Conditions or the documents, agreements rules, policies, terms and conditions these incorporate by reference;

• If eBay AG is unable to verify or authenticate any information you provide; or

• If it is believed that your actions may cause legal liability for you, other Users or eBay AG.

  eBay AG may at any time at its sole discretion reinstate suspended Users. A User that has been indefinitely suspended may not register or attempt to register with eBay AG or use the Website in any manner whatsoever until such time that such User is reinstated by eBay AG. Notwithstanding the foregoing, if you breach the User Agreement or the documents it incorporates by reference, eBay AG reserves the right to recover any amounts due and owing by you to eBay AG and to take strict legal action including but not limited to a referral to the appropriate police or other authorities for initiating criminal or other proceedings against you.

Bidding and Buying

All bids (under the Auction format) and all purchases (under the Buy It Now format) on the Website are a firm commitment to purchase. If you are the purchaser/highest bidder for any item and your purchase/ bid is accepted by the seller ("Winning buyer"), you are obligated to complete the transaction with the seller.

An action to purchase or bids may be increased in price or volume later but may not be withdrawn. Purchases/Bids cannot be canceled. By purchasing/bidding on an item you agree to be bound by the conditions of sale included in the item's description (or linked to from the description) so long as those conditions of sale are not in violation of the User Agreement or unlawful. In case of consumer goods, sellers on the Website may or may not specify the retail prices of the items being sold. You are advised to independently verify the retail prices of such items if you so desire.

eBay AG strongly advises you not to test the site with false bids/purchases, as it will put you at substantial personal legal risk. It is an offence to use a false name, other false personal information or a known invalid Credit Card to bid. Willfully entering erroneous or fictitious bids may result in prosecution by eBay AG.

As a Winning buyer you must contact the seller within 72 hours of auction closing successfully.

Please be aware that even if you do not give eBay AG your real name, your Web browser transmits a unique address to us, which can be used by law enforcement officials to identify you.

As buyers on the Website we encourage you to post feedback on the seller after the auction is closed.

In case of purchase of/placing a successful bid for an Artwork which is marked as "non-exportable" on the Website or it is illegal to export the same and you agree that the Artwork shall not be exported out of India or otherwise dealt in any such manner which shall be in contravention of any law for the time being in force or any rules, regulations, notifications and orders passed there under.

Priority in Bidding

In order to qualify and be identified as a successful bid, the following priority parameters will be followed:

• Price: The higher price bids always supersedes the lower price bids;

• Quantity: Between bids of the same price, the bid for the higher quantity shall supersede;

• Time: Between bids of the same price and for the same quantity, the bid which was placed prior in point of time shall supersede. eBay AG's decision on the success or otherwise of a bid shall be final and binding. It reserves the right to reject or void bids, whether winning or not, that it deems not to have been made in good faith, or that are restricted or prohibited.

Buyer Protection Program

The Buyer Protection Program seeks to assist buyers who have been defrauded by sellers on the Website. If a buyer has made a payment for an item and has never received it or has received an item that is significantly lower in value as compared to what was described, the buyer can seek protection under the Buyer Protection Program. The coverage under this program is restricted to Indian Rs. 10,000 per item or the value of the item, whichever is lower.

For this purpose the buyer needs to follow certain steps set out in the Program more fully detailed at http://pages.ebay.in/help/tp/inr-snad-process.html and review the Buyer Protection Eligibility and Claims Process more fully detailed at http://pages.ebay.in/help/tp/esppp-process.html on the Website.

12A “PaisaPay - Buyer Protection Program” seeks to assist buyers using PaisaPay Facility and who have been defrauded by sellers on the site. If a buyer has made a payment for an item using PaisaPay Facility (as provided in clause 8 above) and has never received such item and has not availed the privileges available in PaisaPay User Agreement or has received an item that is significantly lower in value as compared to what was described, the buyer can seek protection under the PaisaPay - Buyer Protection Program. The coverage under this PaisaPay - Buyer Protection Program is restricted to Indian Rs. 50,000/- (Rupees Fifty Thousand only) per item or the value of the item, whichever is lower. A buyer being eligible and seeking protection under PaisaPay - Buyer Protection Program cannot seek any protection for the same transaction under the “Buyer Protection Program” as specified in clause 12 above.

To seek protection under PaisaPay - Buyer Protection Program, the eligible buyer is required to follow and comply with certain steps set out in the Program and review the PaisaPay - Buyer Protection Eligibility and Claims Process on the Website.

Ebay reserves the right to reduce, enhance the maximum amount of protection under this PaisaPay - Buyer Protection Program or may completely discontinue this PaisaPay - Buyer Protection Program, or may modify the terms and conditions, steps and/or process to be complied with by the buyer in order to be eligible and seek protection under PaisaPay - Buyer Protection Program. Any such change and/or modifications shall become effective 30 days from the date of their intimation by Ebay through an electronic communication at the email address provided by users at the time of registration, or as modified and recorded at eBay.

If the seller is found guilty of defrauding the buyer for which eBay AG has reimbursed the buyer, the sellers account on eBay AG shall be blacklisted and eBay AG shall charge the seller with the value of the item and a penalty of 20% of the value of the item. Further eBay AG reserves the right to recover the dues and take strict legal action (including initiating criminal proceedings) against the seller.

Any person who, knowingly and with intent to injure, defraud or deceive, files a Fraudulent Complaint containing false, incomplete, or misleading information may be guilty of a criminal offence and will be prosecuted to the fullest extent of the law.

Selling

As a registered member, you may list item/s for sale on the Website in accordance with the Listing Policies more fully detailed at eBay Rules and Policies which Policy is incorporated by way of reference in this Agreement. You must be legally able to sell the item(s) you list for sale on our Website. You must ensure that the listed items do not infringe upon the intellectual property, trade secret or other proprietary rights or rights of publicity or privacy rights of third parties. Listings may only include text descriptions, graphics and pictures that describe your item for sale. All listed items must be listed in an appropriate category on the Website. All listed items must be kept in stock for successful fulfillment of sales. All listings must comply with eBay Rules and Policy which Policy is incorporated by way of reference in this Agreement.

The listing description of the item must not be misleading and must describe actual condition of the product. If the item description does not match the actual condition of the item, you agree to refund any amounts that you may have received from the buyer. You agree not to list a single product in multiple quantities across various categories on the site. eBay AG reserves the right to delete such multiple listings of the same product listed by you in various categories.

If you receive at least one bid at or above your stated minimum price (or in the case of reserve auctions, at or above the Reserve Price i.e. the reserve price as defined by the seller in a reserve auction), you are legally obligated to complete the transaction sale contract with the Winning buyer upon the item's sale online. You must contact the Winning buyer within 72 hours of item selling successfully and supply the item as per the shipping and delivery details mentioned in item description to the Winning buyer in a merchantable condition upon receiving the payment from the Winning buyer and in case of buyer making payments using PaisaPay Facility, upon receiving of payment intimation from PaisaPay Facility in accordance with PaisaPay User Agreement, PaisaPay Seller Terms and Conditions and PaisaPay Rules and Policies, unless there is an exceptional circumstance, such as:

• The Winning buyer fails to meet the terms of your listing (such as payment method), or

• You cannot authenticate the Winning Buyer's identity provided you have not received any payment from the Winning Buyer. Without limiting any other remedies, eBay AG may suspend or terminate your account if you are found to have engaged in fraudulent activity in connection with the use of the Website. As sellers on the Website we encourage you to post feedback on the buyer after the auction is closed.

Auction Close

An auction will be considered as successfully closed if it receives at least one bid prior to the Auction End Date i.e. the date and time (as specified in that particular auction) beyond which bids shall not be accepted. Notwithstanding the foregoing, a reserve auction will be considered as successfully closed if at least one bid above the Reserve Price is received prior to the Auction End Date.

Immediately after any auction is successfully closed an e-mail is sent to both the Winning bidder and the seller providing each of them the contact information of the other party (contact phone number if allowed by them when bidding/selling) to enable them to get in touch with each other to fulfill the transaction. Please note that the contact information that will be sent out will be the information that is provided by the Users in their Registration Data on Website.

Feedback

We encourage buyers and sellers on the Website to provide feedback to each other after the transaction has closed, this helps all Users to know what it is like to deal with the said buyer/seller. After you conduct a transaction, we encourage you to leave feedback for the buyer or seller that you dealt with. Please remember that you cannot retract the feedback once you have left it. Your feedback will be displayed along with your user ID. eBay AG will not be responsible for the feedback that you post on the Website and you should be careful about making comments that are not factual in nature and should not post defamatory or illegal or offensive/obscene contents.

You may not take any actions that may undermine the integrity of the feedback system. If you continue to receive negative feedback ratings, eBay AG reserves the right to suspend your membership, and you will be unable to list, buy or bid on the Website.

Export - You acknowledge that your feedback consists of comments left by other Users and a composite feedback number compiled by eBay AG, and that the composite number without the comments does not convey your full user profile. As feedback ratings are not designed for any purpose other than for facilitating trading between the Users, you agree that you shall not market or export your Website feedback rating in any venue other than on the Website.

Import - We do not provide the technical ability to allow you to import feedback from other websites to eBay AG because a composite number, without the corresponding feedback does not reflect your true online reputation within our community.

No Warranty

eBay AG and its suppliers, affiliates and service provider provide the Website and services including PaisaPay "as is" and without any Warranty or condition, express, implied or statutory and specifically disclaim any implied Warranties of title, merchantability, fitness for a particular purpose and non-infringement. You expressly agree that your use of the Website and PaisaPay is at your risk.

Limitation of Liability

In no event shall eBay AG or its suppliers, affiliates and service providers be liable for any direct, indirect, incidental, special, incidental, consequential or exemplary damages, including but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses arising out of or in connection with the Website and PaisaPay Facility, its services or this agreement (however arising, including negligence).

eBay AG's liability in any circumstance is limited to the amount of fees, if any, paid by you to eBay AG. eBay AG, its associates, affiliates and service providers and technology partners make no representations or Warranties about the accuracy, reliability, completeness, and/or timeliness of any content, information, software, text, graphics, links or communications provided on or through the use of the Website or that the operation of the Website or PaisaPay Facility will be error free and/or uninterrupted. Consequently, eBay AG assumes no liability whatsoever for any monetary or other damage suffered by you on account of:

• The delay, failure, interruption, or corruption of any data or other information transmitted in connection with use of the Website or PaisaPay Facility; and/or http://pages.ebay.in/help/policies/everyone-outage.html, and PaisaPay Rules and Polices which are incorporated by way of reference in this Agreement.

• Any interruption or errors in the operation of the Website or PaisaPay Facility. You expressly understand and agree that eBay AG shall not be liable for any direct, indirect, incidental, special, consequential or exemplary damages, including but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses (even if eBay AG has been advised of the possibility of such damages).

Indemnity

You shall indemnify and hold harmless eBay AG and (as applicable) eBay AG’s parent, subsidiaries, affiliates, third-parties and their respective officers, directors, agents, and employees, from any claim or demand, or actions including reasonable attorneys' fees, made by any third party or penalty imposed due to or arising out of your breach of the User Agreement, eBay Rules and Policies, PaisaPay User Agreement, PaisaPay Seller Terms and Conditions and PaisaPay Rules and Policies or the documents they incorporates by reference, or your violation of any law, rules or regulations or the rights of a third party.

Relationship, Notice and Severability

None of the provisions of the User Agreement shall be deemed to constitute a partnership or agency between you and eBay AG and you shall have no authority to bind eBay AG in any manner whatsoever.

Except as explicitly stated otherwise, any notices shall be given by postal mail on behalf of eBay AG its India affiliate / associate to eBay Attn: Legal Department, eBay at 101 B, Akruti City, LBS Marg, Kanjurmarg (West), Mumbai - 400079 (in the case of eBay AG) or to the email address you provide to us during the registration process (in your case). Notice shall be deemed given 24 hours after email is sent, unless the sending party is notified that the email address is invalid. Alternatively, we may give you notice by certified mail, postage prepaid and return receipt requested, to the address provided to us during the registration process. In such case, notice shall be deemed given 3 days after the date of mailing.

If any clause of the User Agreement shall be deemed invalid, void or for any reason unenforceable, such clause shall be deemed severable and shall not affect the validity and enforceability of the remaining clauses of the User Agreement.

Arbitration

If any dispute arises between you and eBay AG during your use of the Website or PasiaPay or thereafter, in connection with the validity, interpretation, implementation or alleged breach of any provision of the User Agreement, PaisaPay User Agreement and PaisaPay Seller Terms and Conditions or the documents they incorporates by reference, the dispute shall be referred to a sole Arbitrator who shall be an independent and neutral third party identified by eBay AG. The place of arbitration shall be Mumbai. The Arbitration & Conciliation Act, 1996, shall govern the arbitration proceedings. The arbitration proceedings shall be in the English language.

Governing Law

The User Agreement, PaisaPay User Agreement and PaisaPay Seller Terms and Conditions or the documents they incorporates by reference shall be governed and construed in accordance with the laws of India