eBay.ca User Agreement

This User Agreement is effective upon acceptance for new users, and from November 5, 2021 for existing users.

Introduction

This User Agreement, the User Privacy Notice, the Mobile Application Terms of Use – Canada, and all policies and additional terms posted on and in our sites, applications, tools and services (collectively "Services") set out the terms on which eBay offers you access to and use of our Services. You can find an overview of our policies here. All policies and the Mobile Device Terms are incorporated into this User Agreement. You agree to comply with all of the terms of the User Agreement when accessing or using our Services.

The entity you are contracting with is eBay Canada Limited, 240 Richmond Street West, 2nd Floor Suite 02-100, Toronto, Ontario, M5V 1V6, Canada if you reside in Canada; eBay Inc., 2025 Hamilton Ave., San Jose, CA 95125, if you reside in the United States; eBay (UK) Limited, 1 More London Place, London, SE1 2AF, United Kingdom, if you reside in the United Kingdom; eBay GmbH, Albert-Einstein-Ring 2-6, 14532 Kleinmachnow, Germany, if you reside outside the United Kingdom but within the European Union; eBay Singapore Services Pte Ltd, 10 Collyer Quay, #10-01 Ocean Financial Centre, Singapore 049315, if you reside in India and eBay Marketplaces GmbH, Helvetiastrasse 15/17, 3005, Bern, Switzerland, if you reside in any other country.

In this User Agreement, these entities are individually and collectively referred to as "eBay," "we," or "us."

Please be advised that this User Agreement contains provisions that govern how claims you and we have against each other are resolved (see Disclaimer of Warranties; Limitation of Liability; and Legal Disputes provisions below).

About eBay

eBay is a marketplace that allows users to offer, sell and buy just about anything in a variety of pricing formats and locations. The actual contract for sale is directly between the seller and buyer. eBay is not a party to the transaction, and it is not a seller or a traditional auctioneer.

Any guidance we provide as part of our Services, such as pricing, shipping, listing, and sourcing is solely informational and you may decide to follow it or not. Also, while we may help facilitate the resolution of disputes through various programs, eBay has no control over and does not guarantee the existence, quality, safety or legality of items advertised; the truth or accuracy of users' content or listings; the ability of sellers to sell items; the ability of buyers to pay for items; or that a buyer or seller will actually complete a transaction or return an item. If you access eBay through partner services instead of directly through eBay, certain Services may not be suitable for use by Quebec residents.

Using eBay

In connection with using or accessing the Services you agree to comply with this User Agreement, our policies, our terms, and all applicable laws, rules, and regulations, and you will not:

• post, list or upload content or items in inappropriate categories or areas on our sites;
• breach or circumvent any laws, regulations, third party rights or our systems, policies, or determinations of your account status;
• use our Services if you are not able to form legally binding contracts (for example, if you are under 18 years old), or are temporarily or indefinitely suspended from using our sites, services, applications, or tools; or are a person with whom transactions are prohibited under economic or trade sanctions;
• fail to pay for items purchased by you, unless you have a valid reason as set out in an eBay policy, for example, the seller has materially changed the item's description after you bid, a clear typographical error is made, or you cannot contact the seller (see our Unpaid item policy);
• fail to deliver items sold by you, unless you have a valid reason as set out in an eBay policy, for example, the buyer fails to comply with the posted terms in your listing or you cannot contact the buyer;
• manipulate the price of any item or interfere with any other users' listings;
• post false, inaccurate, misleading, deceptive, defamatory, or libelous content;
• take any action that may undermine the feedback or ratings systems (see our Feedback policies);
• transfer your eBay account (including feedback) and username to another party without our consent;
• distribute or post spam, unsolicited or bulk electronic communications, chain letters, or pyramid schemes;
• distribute viruses or any other technologies that may harm eBay or the interests or property of users;
• use any robot, spider, scraper, data mining tools, data gathering and extraction tools, or other automated means to access our Services for any purpose, except with the prior express permission of eBay;
• interfere with the working of our Services, or impose an unreasonable or disproportionately large load on our infrastructure;
• export or re-export any eBay applications or tools, except in compliance with the export control laws of any relevant jurisdictions and in accordance with posted rules and restrictions;
• infringe the copyright, trademark, patent, publicity, moral, database, and/or other intellectual property rights (collectively, "Intellectual Property Rights") that belong to or are licensed to eBay. Some, but not all, actions that may constitute infringement are reproducing, performing, displaying, distributing, copying, reverse engineering, decompiling, disassembling, or preparing derivative works from content that belongs to eBay or someone else;
• infringe any Intellectual Property Rights that belong to third parties affected by your use of the Services or post content that does not belong to you;
• commercialize any eBay application or any information or software associated with such application, except with the prior express permission of eBay;
• harvest or otherwise collect information about users without their consent; or
• circumvent any technical measures used to provide our Services.

Sellers must meet eBay's minimum performance standards. Failure to meet these standards may result in eBay charging you additional fees, and/or limiting, restricting, suspending, or downgrading your seller account.

If we believe you are abusing eBay and/or our Services in any way, we may, in our sole discretion and without limiting other remedies, limit, suspend, or terminate your user account(s) and access to our Services, delay or remove hosted content, remove any special status associated with your account(s), remove, not display, and/or demote listings, reduce or eliminate any discounts, and take technical and/or legal steps to prevent you from using our Services.

If we believe you are violating the policy on Offers to buy or sell outside of eBay, you may be subject to a range of actions, including limits on your buying and selling privileges, restrictions on listings and account features, suspension of your account, application of fees, and recovery of expenses for policy monitoring and enforcement. If you are a seller and you offer or reference your contact information or ask a buyer for their contact information in the context of buying or selling outside of eBay, you may be liable to pay a final value fee applicable to that item, even if the item does not sell.

We may cancel unconfirmed accounts or accounts that have been inactive for a period of three years or longer. Additionally, we reserve the right to modify or discontinue our Services, or refuse or terminate all or part of our Services to anyone for any reason at our discretion. If your account is: (1) inactive for a period of three years or longer; or (2) cancelled for any reason pursuant to the terms of this User Agreement, then any credit balance remaining on your account following such period of inactivity, or at the time of such cancellation, will be non-refundable, without notice to you.

Policy Enforcement

When a buyer or seller issue arises, we may consider the user's performance history and the specific circumstances in applying our policies. We may choose to be more lenient with policy enforcement in an effort to do the right thing for both buyers and sellers. The foregoing does not limit or impair our right to refuse, modify, or terminate all or part of our Services to anyone, or to terminate this agreement with anyone, for any reason at our discretion.

Fees and Taxes

The fees we charge for using our Services are listed on our Selling Fees page. Except if you reside in Ontario or Quebec, we may change our selling fees from time to time by posting or sending you a notice of the changes on the eBay site 30 days in advance, but with no advance notice required for temporary promotions or any changes that result in the reduction of fees. Such fee change is subject to the General provision of this User Agreement.

If you are a seller, you are liable for transaction fees arising out of all sales made using some or all eBay Services, even if sales terms are finalized or payment is made outside of eBay. In particular, if you offer or reference your contact information or ask a buyer for their contact information in the context of buying or selling outside of eBay, you may be liable to pay a final value fee applicable to that item, even if the item doesn't sell, given your usage of eBay Services for the introduction to a buyer.

Unless otherwise stated, all fees are quoted in Canadian Dollars. You must have a payment method on file when selling through eBay Services and pay all fees and applicable taxes associated with our Services by the payment due date. If your payment method fails or your account is past due, eBay payments entities may collect amounts owed in the manner described in the Payments Terms of Use - opens in new window or tab. In addition, you will be subject to late fees. If you receive your sales proceeds to your PayPal account, and your account is over 60 days past due, we may request that PayPal deduct the amount owed from your PayPal account balance. eBay, or the collection agencies we retain, may also report information about your account to credit bureaus, and as a result, late payments, missed payments, or other defaults on your account may be reflected in your credit report. If you wish to dispute the information eBay reported to a credit bureau (i.e., Experian, Equifax or TransUnion) please contact us at eBay Inc., C/O Global Collections, 7700 West Parmer Lane, Building D, Austin, TX 78729. If you wish to dispute the information a collection agency reported to a credit bureau regarding your eBay account, you must contact the collection agency directly.

In any jurisdiction where eBay has an obligation to collect sales taxes on sales you make using eBay Services, we may collect such sales taxes from you via the payment method on file under the terms of the Billing Agreement or via any other means available to us.

Selling fees don't purchase exclusive rights to item exposure on eBay, whether on a web page, mobile app, or otherwise. We may display third-party advertisements (including links and references thereto) or other content in any part of our Services, in our sole discretion and without consent from, or payment, fee reduction, or other credit to, sellers.

Listing Conditions

When listing an item for sale on eBay Services, you agree to comply with eBay's rules for listing and Selling practices policy and also agree that:

• You are responsible for the accuracy and content of the listing and item offered.
• Your listing may not be immediately searchable by keyword or category for several hours (or up to 24 hours in some circumstances). eBay can't guarantee exact listing durations.
• Your fixed-price listings currently renew automatically every 30 days, based on the listing terms at that time, until the quantities sell out or until you cancel the listing. Your fixed-price listings may renew automatically every calendar month, based on the listing terms at the time, until all quantities sell or the listing is ended by you or eBay, in its sole discretion.
• The content you provide complies with all of our listing policies, including the Images, videos and text policy.
• Content that violates any of eBay's policies may be modified, obfuscated or deleted at eBay's discretion.
• We may revise product data associated with listings to supplement, remove, or correct information.
• We strive to create a marketplace where buyers find what they are looking for. Therefore, the appearance or placement of listings in search and browse results will depend on a variety of factors, including, but not limited to:
  • buyer's location, search query, browsing site, and history;
  • item's location, listing format, price and shipping cost, terms of service, end time, history, and relevance to the user query;
  • seller's history, including listing practices, Detailed Seller Ratings, eBay policy compliance, feedback, and defect rate; and
  • number of listings matching the buyer's query.
• To drive a positive user experience, a listing may not appear in some search and browse results regardless of the sort order chosen by the buyer.
• Some advanced listing upgrades will only be visible on certain Services.
• eBay's Duplicate listing policy may also affect whether your listing appears in search results.
• Metatags and URL links that are included in a listing may be removed or altered so as to not affect third-party search engine results.
• We may provide you with optional recommendations to consider when creating your listings. Such recommendations may be based on the aggregated sales and performance history of similar sold and current listings; results will vary for individual listings. You agree that we may display the sales and performance history of your individual listings to other sellers.
• For items listed in certain categories, subject to certain programs, and/or offered or sold at certain price points, eBay may require the use of certain payment methods, subject to our Payment methods policy. For example, for inventory covered by authentication services, buyer and sellers may be subject to escrow, screening, shipping, and/or payment handling requirements.
• You will not sell and will promptly remove all listings for any product recalled by a manufacturer or governmental agency if the sale of the product is prohibited by law or regulation or the product poses a health or safety hazard as specified by any governmental agency. eBay has no responsibility or liability for the safety or performance of any product that you list or sell through the Services, including any product that is subject to a recall. You are solely responsible for any non-conformity or defect in, or compliance with any public or private recall of any product you list or sell through the Services.

Purchase Conditions

When buying an item on eBay Services, you agree to the Rules and policies for buyers and that:

• You are responsible for reading the full item listing before making a bid or commitment to buy.
• You enter into a legally binding contract to purchase an item when you commit to buy an item, your offer for an item is accepted, or if you have the winning bid (or your bid is otherwise accepted).
• For motor vehicles and real estate, a bid or offer initiates a non-binding transaction representing a buyer's serious expression of interest in buying the seller's item and does not create a formal contract between the buyer and the seller.
• We do not transfer legal ownership of items from the seller to the buyer.

International Buying and Selling; Translation

Many of our Services are accessible internationally. We may offer certain programs, tools, and site experiences of particular interest to international sellers and buyers, such as estimated local currency conversion and international shipping calculation tools. Sellers and buyers are responsible for complying with all laws and regulations applicable to the international sale, purchase, and shipment of items.

If you purchase an item on an eBay site that is different from your registration site, you are subject to the User Agreement and applicable policies of that other eBay site with respect to that particular purchase, as detailed in the International selling policy.

For sellers, you agree that we may display your listing for sale on an eBay site other than the site where you listed your item for sale, based on your shipping settings. You may adjust these settings as detailed in the International selling policy. If you list your items with an international shipping option, the appearance of your listings on sites other than the listing site is not guaranteed. If you sell an item on an eBay site that is different from your registration site, you are subject to the User Agreement and applicable policies, including any buyer protection programs, of that other eBay site with respect to that particular sale, as detailed in the International selling policy.

You authorize us to use automated tools to translate your eBay content and member-to-member communications, in whole or in part, into local languages where such translation solutions are available. We may provide you with tools which will enable you to translate content at your request. The accuracy and availability of any translation are not guaranteed.

Content

When you provide content using the Services (directly or indirectly), you grant us a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, fully sublicensable (through multiple tiers) right to exercise any and all Intellectual Property Rights (as defined above) you have in that content in connection with our provision, expansion, and promotion of the Services, in any media known now or developed in the future. To the fullest extent permitted under applicable law, you waive your right to enforce your Intellectual Property Rights in that content against eBay, our assignees, our sublicensees, and their assignees in connection with our, those assignees', and those sublicensees' use of that content in connection with the provision, expansion, and promotion of the Services.

You represent and warrant that, for all such content you provide, you own or otherwise control all necessary rights to do so and to meet your obligations under this User Agreement. You represent and warrant that such content is accurate. You represent and warrant that use of any such content (including derivative works) by us, our users, or others in contract with us, and in compliance with this User Agreement, does not and will not infringe any Intellectual Property Rights of any third party. eBay takes no responsibility and assumes no liability for any content provided by you or any third party.

We may offer product data (including product images, descriptions and specifications) that are provided by third parties (including eBay users). You may use that content solely in your eBay listings. eBay may modify or revoke that permission at any time in our sole discretion. The product data includes copyrighted, trademarked, and other proprietary materials. You agree not to remove any copyright, proprietary, or identification markings in the product data and not to create any derivative works based on that data (other than by including the data in your listings).

We try to offer reliable product data, but we cannot promise that the content provided through the Services will always be available, accurate, complete, and up-to-date. You agree that eBay is not responsible for examining or warranting the listings or content provided by third parties through the Services, and that you will not attempt to hold us or data providers liable for inaccuracies. As a seller, you agree to ensure that content directly associated with your listings is accurate.

The name "eBay" and other eBay marks, logos, designs, and phrases that we use in connection with our Services are trademarks, service marks, or trade dress of eBay in the U.S. and other countries. They may not be used without the express written prior permission of eBay.

Notice for Claims of Intellectual Property Violations and Copyright Infringement

We respond to notices of alleged copyright infringement under Canadian laws. eBay's Verified Rights Owner (VeRO) program works to ensure that listed items do not infringe upon the copyright, trademark or other intellectual property rights of third parties. If you believe that your intellectual property rights have been infringed, please notify our VeRO team through our VeRO program and we will investigate. Learn how to submit a notice to eBay.

Holds and Restricted Funds

To protect eBay from the risk of liability for your actions as a seller, eBay payments entities designated to provide payments services to you may restrict access to your funds as described in the Payment Terms of Use - opens in new window or tab.

If you receive transaction proceeds to your PayPal account, eBay may instruct PayPal to temporarily restrict access to funds in your PayPal account based on certain factors, including, but not limited to, selling history, seller performance, returns, riskiness of the listing category, transaction value, or the filing of an eBay Money Back Guarantee case.

In connection with managed payments as described in section 15, we may also restrict user access to funds based on the factors described in the Payments Terms of Use - opens in new window or tab.

Authorization to Contact You; Recording Calls; Analyzing Message Content

eBay may contact you using autodialed or prerecorded calls and text messages, at any telephone number that you have provided us, to: (i) notify you regarding your account; (ii) troubleshoot problems with your account; (iii) resolve a dispute; (iv) collect a debt; (v) poll your opinions through surveys or questionnaires; or (vi) as otherwise necessary to service your account or enforce this User Agreement, our policies, applicable law, or any other agreement we may have with you. eBay may also contact you using autodialed or prerecorded calls and text messages for marketing purposes (e.g., offers and promotions), if you consent to such communications. Our collection, use, disclosure, retention, and protection of your personal information is governed by our User Privacy Notice. As described in our User Privacy Notice, eBay may collect other telephone numbers for you and may place manual non-marketing calls to any of those numbers and autodialed non-marketing calls to any landline. Standard telephone minute and text charges may apply and may include overage fees if you have exceeded your plan limits. You may change your communications preference for calls at any time, including through the communication preferences - opens in new window or tab section of your My eBay. You may also opt-out of a specific text marketing campaign by replying "STOP" to such marketing text message.

eBay may share your telephone numbers with its authorized service providers as stated in our User Privacy Notice. These service providers may contact you using autodialed or prerecorded calls and text messages, only as authorized by eBay to carry out the purposes identified above.

eBay may, without further notice or warning and in its discretion, monitor or record telephone conversations you or anyone acting on your behalf has with eBay or its agents for quality control and training purposes, or for its own protection.

eBay's automated systems scan and analyze the contents of every message sent through its messages platform, including messages between users, to detect and prevent fraudulent activity or violations of eBay's User Agreement, including the incorporated terms, notices, rules, and policies. This may result in a manual review of messages sent through our messaging tools. This scanning and analysis may occur before, during, or after the message is sent, or while in storage, and may result in your message being delayed or withheld. eBay may store message contents, including to conduct this scanning and analysis.

Privacy of Others; Marketing

If eBay provides you with information about another user, you agree you will use the information only for the purposes it is provided to you. You may not disclose or distribute a user's information to a third party for purposes unrelated to the Services. Additionally, you may only send marketing communications to users who have consented to receive them, and only using eBay Services.

Additional Terms

Returns and Cancellations

Sellers can create rules to automate replacements, returns, and refunds under certain circumstances. For all new sellers, in listings where returns are accepted, eBay will set a default rule that automates the return process. Sellers may remove or customize their return preferences in their account settings within My eBay. You agree to comply with our returns policy.

When an item is returned, to refund the buyer, you (as seller) authorize eBay or eBay payments entities to collect the amount of the reimbursement from you as described in the Payments Terms of Use - opens in new window or tab. If you receive your transaction proceeds to your PayPal account, you also authorize eBay to request that PayPal remove the refund amount (in same or other currency) from your PayPal account.

eBay, or the eBay payments entities may collect the cost of the return shipping label from you when:

• The seller is responsible for the cost of the return;
• You fail to send your buyer a return shipping label; and/or
• An item is not as described and is returned in accordance with eBay Money Back Guarantee.

The cost of return shipping labels may be collected from you as described in the Payments Terms of Use - opens in new window or tab. If you receive proceeds of your sales to your PayPal account, you authorize eBay to request the removal of the cost of the shipping label from your PayPal account (in same or other currency).

All seller cancellations of orders must be in accordance with our Order cancellation policy. If a transaction is cancelled, eBay may issue a refund to the buyer on your behalf. If a refund is issued to a buyer, you (as seller) authorize eBay or eBay payments entities to collect the amount of the refund from you as described in the Payments Terms of Use - opens in new window or tab. If you receive your transaction proceeds to your PayPal account, you also authorize eBay to request that PayPal remove the refund amount (in same or other currency) from your PayPal account.

Cancellations for buyers

Buyers generally do not have the right to cancel an order. Buyers can request to cancel an order on eBay within one hour after their purchase, and the seller will have 3 days to accept or decline the request. If the order cannot be cancelled, buyers may still be permitted to return the item if the item is eligible for return. All buyer cancellations of orders must be in accordance with our Order cancellation policy.

eBay Money Back Guarantee

Most eBay sales go smoothly, but if there's a problem with a purchase covered by the eBay Money Back Guarantee buyers can get their money back if an item didn't arrive, is faulty or damaged, or doesn't match the listing. You agree to comply with the policy and permit us to make a final decision on any eBay Money Back Guarantee case.

If you (as seller), choose to reimburse a buyer, or are required to reimburse a buyer or eBay under the eBay Money Back Guarantee, you authorize eBay or eBay payments entities to collect the amount of the reimbursement from your current or future sales proceeds, linked financial account, or other payment method on file as described in the Payments Terms of Use - opens in new window or tab. If you receive your transaction proceeds to your PayPal account, you also authorize eBay to remove the reimbursement amount from your PayPal account (in the same or other currency).. If we cannot get reimbursement from you, we may collect the outstanding sums using other collection mechanisms, including retaining collection agencies.

We may suspend the eBay Money Back Guarantee in whole or in part without notice if we suspect abuse or interference with the proper working of the policy.

Managed Payments

A designated eBay entity (each, a "payments entity") manages payments on behalf of sellers for most sales (such management described as "managed payments" or similar). Regardless of whether or not eBay or an eBay payments entity manages a sale, the contract for sale underlying the purchase of goods is directly concluded between seller and the buyer.

In order to use managed payments and continue to list and sell on eBay, you must:

• provide the payments entity with such information about you and/or your business to meet its compliance requirements, including those involving identity verification, anti-money laundering controls, and sanctions screening as we may require; and
• pass such verification and screening and otherwise meet the compliance requirements of the payments entity, as determined by the payments entity; and
• provide bank account information for a Canadian-based chequing account so that the payments entity can link such chequing account to your eBay account, allowing the payments entity to pay you.

In addition:

• the payments entity may obtain information about you from third-parties to verify your identity, comply with anti-money laundering and sanctions screening obligations, and for other purposes in connection with managed payments
• the payments entity may use third-party payments service providers to assist it in providing managed payments services, including companies that process payments, perform risk assessments (such as credit agencies) or compliance checks, verify identity, and validate payment methods. eBay, the payments entity, and their affiliates may send personal data associated with you and your account to such third-parties

The payments entity may, in its sole discretion, manage payments on your behalf even if you haven't provided all requested information, and the payments entity may withhold payouts pending receipt of such information.

The complete terms governing sellers' use of managed payments are available in the Payments Terms of Use - opens in new window or tab, incorporated herein. You agree to the Payments Terms of Use - opens in new window or tab to the extent applicable to you, whether or not your account has been enabled for managed payments.

If you are a buyer completing a purchase from a seller that is using managed payments:

• You may pay for such items using those payment methods that the payments entity makes available, and the payments entity will manage settlement to sellers. By completing purchases from sellers who use managed payments, buyers authorize the payments entity to initiate payments using the buyers' selected payment method and collect the transaction amounts on behalf of sellers.
• In certain instances, your transaction may be declined, frozen, or held for any reason including for suspected fraud, AML compliance, compliance with economic or trade sanctions, in connection with eBay's internal risk controls or due to potential violations of any policy of eBay or the payments entity, or a policy of one of the payments entity's third party payments services providers.
• eBay, the payments entity or its affiliates may save payment information, such as credit card or debit card numbers, and card expiration dates, entered by you on eBay Services when you make a purchase, redeem a coupon, or make any other transaction on eBay Services where card information is entered. Such stored payment information may be used as your default payment method for future transactions on eBay Services. At any time, you can update your card information or enter new card information, at which point the new card information shall be stored as your default payment method. You may make changes to your default payment method through the Personal Information section under the Account tab in My eBay. You are responsible for maintaining the accuracy of information we have on file, and you consent to eBay updating such stored information from time to time based on information provided by you, your bank or other payments services providers. You will only provide information about payment methods that you are authorized to use.
• You may seek returns or cancellations on eBay Services, or file eBay Money Back Guarantee claims on eBay Services. The payments entity refunds amounts paid for successful eBay Money Back Guarantee claims and returned or cancelled transactions in cases where the original payment was managed by the payments entity. Refund timing may vary in accordance with the rules of third parties, such as credit and debit card networks.
• You agree to comply with, and not cause a third party to violate, all applicable laws, regulations, rules and terms and conditions in connection with the use of managed payments. You understand that some third parties, such as credit and debit card issuers, credit and debit card networks and payments services providers, may have their own terms and conditions for the payment or settlement methods you choose to use in connection with managed payments transactions. Failure to abide by third party terms and conditions may result in fees assessed to you (for example, currency conversion fees from your credit card issuer if the transaction currency is different from your credit card currency) or other actions taken by such third parties, and you agree that the payments entity has no control over, or responsibility or liability for, such fees or actions.

Disclaimer of Warranties; Limitation of Liability

[Does not apply if you reside in Quebec] We try to keep our Services safe, secure, and functioning properly, but we cannot guarantee the continuous operation of or access to our Services. Bid update and other notification functionality in eBay's applications may not occur in real time. Such functionality is subject to delays beyond eBay's control.

You agree that you are making use of our Services at your own risk, and that they are being provided to you on an "AS IS" and "AS AVAILABLE" basis. Accordingly, to the extent permitted by applicable law, we exclude all express or implied warranties, terms and conditions including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, and non-infringement.

In addition, to the extent permitted by applicable law, in no event will eBay (including our parent, subsidiaries, and affiliates, and our and their officers, directors, agents and employees) be liable to you or any third party under any claim at law or in equity for any consequential damages or losses (including, but not limited to, loss of money, goodwill or reputation, profits, other intangible losses, or any special, indirect, or consequential damages), and all such damages or losses are expressly excluded by this agreement whether or not they were foreseeable or eBay was advised of such damages or losses. Without limiting the generality of the foregoing, we (including our parent, subsidiaries, and affiliates, and our and their officers, directors, agents and employees) are not liable, and you agree not to hold us responsible, for any damages or losses (including, but not limited to, loss of money, goodwill or reputation, profits, or other intangible losses or any special, indirect, or consequential damages) resulting directly or indirectly from:

• the content you provide (directly or indirectly) using the Services;
• your use of or your inability to use our Services;
• pricing, shipping, format, or other guidance provided by eBay;
• delays or disruptions in our Services;
• viruses or other malicious software obtained by accessing or linking to our Services;
• glitches, bugs, errors, or inaccuracies of any kind in our Services;
• damage to your hardware device(s) or loss of data that results from the use of our Services;
• the content, actions, or inactions of third parties, including items listed using our Services or the destruction of allegedly fake items;
• a suspension or other action taken with respect to your account or breach of the Using eBay section above;
• the duration or manner in which your listings appear in search results as set forth in the Listing Conditions section above; or
• your need to modify practices, content, or behaviour or your loss of or inability to do business, as a result of changes to this User Agreement or our policies.

Some jurisdictions do not allow the disclaimer of warranties or exclusion of damages, so such disclaimers and exclusions may not apply to you.

Regardless of the previous paragraphs, if we are found to be liable, our liability to you or to any third party is limited to the greater of (a) any amounts due under the eBay Money Back Guarantee up to the price the item sold for on eBay (including any applicable sales tax) and its original shipping costs, (b) the amount of fees in dispute not to exceed the total fees, which you paid to us in the 12 months prior to the action giving rise to the liability, or (c) $100.

Release

If you have a dispute with one or more users, you release us (and our affiliates and subsidiaries, and our and their respective officers, directors, employees, and agents) from claims, demands, and damages (direct actual and consequential) of every kind and nature, known and unknown, arising out of or in any way connected with such disputes. In entering into this release you expressly waive any protections (whether statutory or otherwise) that would otherwise limit the coverage of this release to include only those claims which you may know or suspect to exist in your favour at the time of agreeing to this release.

Indemnity

Except as otherwise provided by applicable law, you will indemnify and hold us (including our affiliates and subsidiaries, as well as our and their respective officers, directors, employees, and agents) harmless from any claim or demand, including reasonable legal fees, made by any third party due to or arising out of your breach of this User Agreement, your improper use of eBay's Services or your breach of any law or the rights of a third party.

Legal Disputes

PLEASE READ THIS SECTION CAREFULLY. IT AFFECTS YOUR RIGHTS AND WILL HAVE A SUBSTANTIAL IMPACT ON HOW CLAIMS YOU AND EBAY HAVE AGAINST EACH OTHER ARE RESOLVED.

You and eBay agree that any claim or dispute at law or equity that has arisen, or may arise, between you and eBay (including any claim or dispute between you and a third-party agent of eBay) that relates in any way to or arises out of this or previous versions of this User Agreement, your use of or access to the Services, the actions of eBay or its agents, or any products or services sold or purchased through the Services, will be resolved in accordance with the provisions set forth in this Legal Disputes section.

• Law and Forum for Disputes if you do not reside in Quebec - This Agreement and any dispute or claim you have against eBay shall be governed in all respects by the laws of the Province of Ontario and the federal laws of Canada applicable therein. Except as otherwise agreed by the parties or as described in the Arbitration Option paragraph below you agree to submit to the jurisdiction of the courts located in Toronto, Ontario for the resolution of and all claims or disputes you may have against eBay.
• Law and Forum for Disputes if you reside in Quebec - This Agreement and any dispute or claim you have against eBay shall be governed in all respects by the laws of the Province of Quebec and the federal laws of Canada applicable therein.
• Arbitration Option - For any dispute or claim (excluding claims for injunctive or other equitable relief) where the total amount of monetary relief sought is less than CDN$15,000, the parties may elect to resolve the dispute in a cost effective manner through binding arbitration. In the event that the parties agree to arbitration, such arbitration shall be conducted pursuant to the simplified arbitration procedure set out in the arbitration rules of the ADR Institute of Canada, in force at the time of the dispute. Unless the parties agree or the arbitrator determines otherwise, the arbitration shall not involve any personal appearance by the parties or witnesses and shall be conducted by telephone, online and/or be solely based on written submissions. Any judgement on the award rendered by the arbitrator may be entered in any court of competent jurisdiction.
• Improperly Filed Claims - All claims you bring against eBay must be resolved in accordance with this Resolution of Disputes section. All claims filed or brought contrary to the Resolution of Disputes section shall be considered improperly filed. Should you file a claim contrary to the Resolution of Disputes section, eBay may recover attorneys' fees and costs up to CD$1500, provided that eBay has notified you in writing of the improperly filed claim, and you have failed to promptly withdraw the claim.

Notices

Except as explicitly stated otherwise, legal notices shall be served on eBay's national registered agent. You consent to receive communication from us electronically. We may communicate with you by email to the email address you have designated on your user account. Notice to you shall be deemed given 24 hours after the email is sent. Alternatively, we may give you legal notice by mail to the Registration Address associated with your account, as identified in your My eBay. In such case, notice shall be deemed given three days after the date of mailing.

General

Except as otherwise provided in this User Agreement, if any provision of this User Agreement is held to be invalid, void or for any reason unenforceable, such provision shall be struck out and shall not affect the validity and enforceability of the remaining provisions. In our sole discretion, we may assign this User Agreement, and in such event, we will post notice on www.ebay.ca and www.cafr.ebay.ca.

Headings are for reference purposes only and do not limit the scope or extent of such section. 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. We do not guarantee we will take action against all breaches of this User Agreement.

We may amend this User Agreement at any time by posting the amended terms on www.ebay.ca and www.cafr.ebay.ca. Our right to amend this User Agreement from time to time also includes the right to modify, add to, or remove policies or terms of our Services, which form part of and are incorporated into this User Agreement. If we make any of those changes, you will be notified through the eBay Message Centre and/or by email and, we will also provide you 30 days' notice in advance of these changes taking effect, if required by law. Those changes take effect on the date specified in the amended terms. Your continued access or use of our Services constitutes your acceptance of the amended terms. At our discretion, we may also ask you to acknowledge your acceptance of this User Agreement through an electronic click-through. If you do not agree to the amendments, you must stop using eBay and the eBay sites and terminate this User Agreement by closing your eBay account. Instructions to close your eBay account are listed on our Closing your account help page.

Ontario and Quebec residents only: Despite any other section that refers to our right to change this User Agreement, if you are a resident of either Ontario or Quebec, we reserve the right to update and revise this User Agreement (including changing the scope, types and/or functionality of the Services, using or accessing the Services, eligibility for the Services, applicable fees for using our Services, eBay responsibilities or obligations under the User Agreement, your responsibilities under the User Agreement, account and payment terms, listing conditions, purchase conditions, international buying and selling terms, terms related to content on eBay, communications procedures with users, eBay policies and enforcement mechanisms, returns and cancellations terms, amending procedures, legal disputes terms, disclaimers, limits of liability, releases, indemnities and general legal terms) (collectively, "Changes") up to three (3) times per year. If we make Changes to the User Agreement, in addition to posting the amended terms on www.ebay.ca and www.cafr.ebay.ca and notifying you through the eBay Message Centre and/or by email, we will also provide you thirty (30) days' advance notice of such Changes in accordance with applicable law ("Notice"). Upon receiving the Notice, if you do not agree with the amendments, you must stop using eBay and the eBay sites and may refuse the Changes and terminate this User Agreement by closing your eBay account within the time specified in the Notice. Instructions to close your account are listed on our Closing your account help page or you may also contact eBay by phone by following the instructions listed on the customer support page to obtain assistance with cancelling your account.

If you do not agree with the Changes, then notwithstanding any termination of this User Agreement, you agree that all outstanding amounts owing to us are immediately due and payable and that we have the right to bring suit and exercise all rights and remedies available under applicable law in respect of such outstanding amounts. If you do not close your eBay account within the time specified in the Notice, the Changes will take effect on the date indicated in the Notice. In that case, your continued access and use of our Services will be deemed to constitute your acceptance of the amended terms, which will apply to all access to and use of the Services thereafter and will become part of this User Agreement. At our discretion, we may also ask you to acknowledge your acceptance of this User Agreement through an electronic click-through.

In addition, if you reside in Quebec and the amended terms entails an increase in your obligations or a reduction in eBay's obligations, you may send us a notice thirty (30) days after the amended terms come into force to indicate your refusal of the amended terms and to request the termination of the User Agreement by closing your eBay account. Upon receipt of such notice, we will close your eBay account without cost or penalty.

Subject to the above and applicable law, this User Agreement may not otherwise be amended except through mutual agreement by you and an eBay representative who intends to amend this User Agreement and is duly authorized to agree to such an amendment.

If you create or use an account on behalf of a business entity, you represent that you are authorized to act on behalf of such business and bind the business to this User Agreement. Such account is owned and controlled by the business entity. No agency, partnership, joint venture, employee-employer or franchiser-franchisee relationship is intended or created by this User Agreement.

The User Agreement and all terms and polices posted through our Services set forth the entire understanding and agreement between you and eBay, and supersede all prior understandings and agreements of the parties.

The following sections survive any termination of this User Agreement: Fees and Taxes, Content, Holds and Restricted Funds, Managed Payments, Additional Terms, Disclaimer of Warranties; Limitation of Liability; Release, Indemnity, Legal Disputes, and General.

eBay Inc.'s North American Customer Service Operations Centre is located at 173 West Election Road, Draper, UT 84020. You may contact eBay via phone by following the instructions listed on our customer support page.

[Does not apply if you reside in Quebec] Any translation of this User Agreement and all related documents is done for local requirements and in the event of a dispute between the English and French version, the English version of this User Agreement and all related documents shall govern. If you are a resident of the Province of Quebec, the following clause applies: The parties hereby confirm that they have requested that this User Agreement and all related documents be drafted in English. Les parties ont exigé que la présente convention et tous les documents afférents soient rédigés en langue anglaise.