EBAY LINK APPLICATION TERMS OF USE

These terms and conditions (the “Terms of Use”) describe the terms on which eBay International AG and its subsidiaries and affiliates (collectively, “eBay”, “we” or “our”) offer you access to the eBay LINK application (the “Service”).

By using the Service, you accept the Terms of Use. If you object to the Terms of Use, please do not use the Service.

The Service is one of the eBay services governed by eBay’s User Agreement and Privacy Policy, which apply whenever you use the Service. These Terms of Use supplement, and should be read together with, our User Agreement and Privacy Policy.

You represent and warrant that you have the authority to bind the party using the Service to the Terms of Use; you and that party are collectively referred to as “you” or “your” in these Terms of Use.

1. Modification of Terms of Service
eBay may change or modify these Terms of Use at any time by posting an update to this page. Amendments take effect on posting. If you do not accept the changes, you should stop using the Service. Your continued use of the Service constitutes your acceptance of any change or modification to these Terms of Use.

2. Third Party Platforms
The Service extract data, manage inventory and manage orders on the eBay.com.au site (“Third Party Platforms”). When you use Third Party Platforms, you do so at your own risk. We do not warrant, endorse or support the Third Party Platforms. It is your responsibility to comply with any terms of use, rules or policies of a Third Party Platform.

3. Information Rights; Privacy Policy
eBay may collect, use, disclose and retain data, information and content you provide to us or grant access to when using the Service, or otherwise make available to eBay through your use of eBay’s site and services, in accordance with our Privacy Policy (together, the “Data”). The Data includes your store information, website information, product specifications, product descriptions, product brands, product SKUs, product MPN, product UPC, product GTIN, product category, product image URLs, product sizes, product colours, inventory information, local availability information, pricing, taxes, postage services, postage fees, product reviews, images, trade marks and logos and other product information that you share with eBay using the Service. By using the Service, you expressly authorise us to share the Data with Third Party Platforms as we deem necessary to provide the Service to you or for purposes related to the Service. We are not responsible for any acts or omissions by Third Party Platforms, including in relation to your Data.

4. Intellectual Property Rights
eBay retains all right, title and interest in and to the Service, including all intellectual property rights in the Service (whether registered, capable of being registered or otherwise). You further acknowledge and agree that (i) eBay’s patents, trade marks, copyright and other intellectual property (collectively, “Intellectual Property”) are, and shall remain, eBay’s sole property, and (ii) nothing in these Terms of Use confers on you any right of ownership or license rights in eBay’s Intellectual Property. In addition, you must not now or in the future contest the validity of any of eBay’s Intellectual Property.

5. Data
You hereby grant to eBay a non-exclusive, worldwide, royalty-free, sub-licensable (through multiple tiers) and transferable right to exercise all and any intellectual property rights in the Data for the purposes of providing the Service and related purposes, which includes the right for eBay to host, cache, route, transmit, store, copy, modify, reproduce, distribute, publish, translate, use, publicly perform, publicly display, reformat, excerpt, analyse, and create algorithms from and derivative works of the Data in any media known now or in the future. You irrevocably and unconditionally consent to any act or omission of eBay, its sublicensees or assignees in connection with the Data which would otherwise constitute an infringement of your moral rights. eBay disclaims any warranty regarding the quantity, rank, location and prominence of Data anywhere on the eBay sites and reserves the right to determine whether and where the Data will be displayed in response to any given search or on any eBay site. You represent and warrant that the Data and our use of the Data (including our use of works derived from it) in connection with our sites, services, applications and tools will not infringe the intellectual property rights of, or breach any right of or obligation to, a third party. It is your responsibility to ensure that the Data is at all times current, complete and accurate.

6. Use of, and access to, the Service
Subject to your compliance with these Terms of Use, eBay grants you a limited, personal, non-exclusive, non-sublicensable, non-transferable license to use the Service for your personal use and not for resale or further distribution. While using the Service, you will not: reproduce, modify, translate, enhance, decompile, disassemble, reverse engineer or create derivative works of all or any part of the Service; rent, lease or sublicense, grant access to, modify, copy, publish, sell or otherwise commercialize the Service or any part of the Service; circumvent or disable any security or technological features or measures of the Service; use this Software in any manner that could impair any eBay site in any way or interfere with any third party’s use or enjoyment of any eBay site; or transfer your eBay Link Account to any person without our prior written consent. eBay does not provide you with equipment to access and use the Service. You are for all fees charged by third parties related to your access and use of the Service, including charges by your Internet service provider or a Third Party Platform. eBay may conduct maintenance on or change the method of access to the Service, at any time with or without notice to You.

7. Security
You are responsible for maintaining the security of your eBay.com.au account, your eBay Link account and any Third Party Platform accounts and for all activity that occurs under these accounts. You should not disclose your passwords to any other person and agree to immediately notify eBay of any breach of security or unauthorized use of your eBay or eBay Link accounts. You represent and warrant that the Data will be free from any spyware, malware, viruses, worms, Trojan horses or other malicious or harmful code.

8. Fees
We do not charge you any fees to use the Service. We charge the same fees for listings created via the Service or manually by you on our sites. The fees are listed on our Seller fees page or are linked from such page as applicable. Sometimes, when you update your listing files through the Service, eBay may have to end your listing before it can apply your requested updates to your listing. In these cases, any fees (e.g. optional upgrade fees) that normally would apply to a listing that has been ended and relisted would also apply. Similarly, if an update causes a listing to end and subsequently be relisted, such relisting will count as a new listing and toward the total number of free listings you have in a month, if applicable.

9. Disclaimer of Warranties
To the extent legally permitted, eBay excludes all implied warranties, terms and conditions. The Service is provided “as is” and without warranties of any kind. eBay does not make, and has not made, any representation or warranty that the Service is accurate, complete, reliable, current, error-free or virus-free or that the operation of the Service will be uninterrupted. eBay may make improvements and/or changes in the Service at any time. Functionality in the Service 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.

10. User Control: Location and Uninstall
You can access and change user settings from the Settings tab in the eBay Link application. Uninstallation methods may vary depending on your device. To uninstall the Service, please use the application manager provided by the Third Party Platform.

11. General
These Terms of Use, together with the eBay User Agreement, Privacy Policy and any other legal notices published by eBay on the eBay website, constitute the entire agreement between you and eBay relating to the Service and supersede all prior agreements and understandings between you and eBay with respect to the Service, whether written or oral. To the extent of any conflict between the Terms of Use and the eBay User Agreement, the terms of the User Agreement shall prevail. The meaning of general words is not limited by specific examples introduced by including, for example or similar expressions. Any terms which by their nature would be expected to survive, survive termination or expiry of these Terms.

Last Updated: 1 September 2014.

Copyright 2014 eBay International AG.