eBay India Global EasyBuy Addendum
Code License managed by arijitdas, submitted on 2015/06/24.
Full License Text
eBay.in Global EasyBuy Addendum
- This Addendum ("Global EasyBuy Addendum") is between you and eBay India Private Limited, a company incorporated under Companies Act, 1956 having its principal place of business at 14th Floor, North Block, R-TECH Park, Western Express Highway, Goregaon (East), Mumbai 400063, Maharashtra (India) (hereinafter referred to as "eBay") and governs Your purchases on eBay.in Global EasyBuy Micro Site and related payments for the same using PaisaPay Facility.
- You must read, agree with and accept all of the terms and conditions contained in this Global EasyBuy Addendum as these terms constitute Your legal and contractual obligations towards eBay for using eBay.in Global EasyBuy Micro Site. This Addendum is in addition to eBay User Agreement and PaisaPay User Agreement and various rules and policies there under.
- This Global EasyBuy Addendum shall be effective and binding upon Your 'acceptance'. 'Acceptance' shall mean Your affirmative action in clicking on the 'Buy It Now' or on 'Bid' or on the 'continue' button as provided on the registration page or such other actions that implies Your acceptance including without limitation making a buying offer and/or making or attempting to make any payments thereto.If You do not agree or are not willing to be bound by the terms and conditions of this Global EasyBuy Addendum please do not click on the "Buy It Now" or on 'Bid' or on the "continue" button and do not seek to obtain access to or otherwise undertake any activity on eBay.in Global EasyBuy Micro Site.
- Please note that various underlined words and phrases are hyperlinked to various agreements, terms and conditions and rules and polices which are incorporated by way of reference.
- You agree and acknowledge that eBay has allowed International Reseller to display categories and items listed on various web-pages of eBay.in Global EasyBuy Micro Site including the current view item page as identified by International Reseller from another eBay Worldwide Property. eBay is providing a platform as an intermediary for these listings. Further, eBay and other eBay group companies including without limitation eBay Inc. are not the originator of these listings. eBay is permitting You to access, view and take appropriate buying and payment actions on these listings on instructions from the International Reseller. For the purpose of this Global EasyBuy Addendum, International Reseller shall mean a legal or natural person who accepts Your buying order on eBay.in Global EasyBuy Micro Site and thereafter places a corresponding buying order on another eBay Worldwide Property except eBay. eBay Worldwide Property shall mean any one or more eBay website having a second level domain name as eBay with any top level domain name except for .IN.
- You agree and acknowledge that You are placing a buy order to International Reseller on eBay.in Global EasyBuy Micro Site. International Reseller is a person resident outside India. International Reseller will accept Your payments through its payment collection agent in India who is registered with PaisaPay Facility. You further agree and acknowledge that Your buy order will result into an import into India. Subject to the clearance of the Indian customs authorities, the title in the goods bought through eBay.in Global EasyBuy Micro Site will pass from International Reseller in Your favor at the port of export. The goods will remain in the custody of International Reseller till the same are delivered to You at the address designated by You in the eBay Website and/or in eBay.in Global EasyBuy Micro Site. The International Reseller shall be responsible for the safe and secure delivery of the goods to You on your behalf and shall bear the risk of loss/damage during transit while the goods are in the custody of International Reseller. The International Reseller shall be the exporter for the purpose of import of goods into India and You shall be the importer for the same purpose. You shall accept and agree transaction specific terms and conditions of International Reseller which shall be available at the description and details of the item page.
- By accepting this Global EasyBuy Addendum and/or making any buying activity on eBay.in Global EasyBuy Micro Site You hereby agree to observe full compliance with all the applicable laws, rules, regulations, guidelines etc. whether applicable in India or outside India, including without limitation Reserve Bank of India Act, 1934 and rules made there under, Prevention of Money Laundering Act, 2002 and the rules made there under, Foreign Exchange Management Act, 1999 and the rules made there under; Customs Act, 1962 and the rules made there under, Foreign Trade Policy, item or goods specific laws, rules, regulations and guidelines in India and also with Your agreement with International Reseller with respect to any use of eBay.in Global EasyBuy Micro Site and/or any buying and payment activity on eBay.in Global EasyBuy Micro Site and PaisaPay Facility and/or any import into India and/or with limitations or restrictions, if any, to end use of any goods being bought or imported as such.
- You agree and acknowledge that all Your buying activities on eBay.in Global EasyBuy Micro Site are permitted current account transactions under Foreign Exchange Management Act, 1999 and the rules made there under and You have and shall at all times maintain as valid and subsisting all the licenses, permits, authorizations, approvals, consents, authority etc. under all applicable laws, rules, regulations and guidelines as applicable in India to buy and/or import the goods by virtue of Your buying and payment activities on eBay.in Global EasyBuy Micro Site and PaisaPay Facility. You shall provide all necessary documents, licenses, permits, approvals, papers and writings to International Reseller and/or customs clearing agent and/or courier company and/or customs department and/or any other person or authority whether statutory or otherwise to enable customs clearance and delivery of goods on Your behalf.
- You shall be entitled for various buyer protection policies only for Item Not Received as available to buyers at eBay.in and in terms of eBay.in User Agreement and PaisaPay User Agreement, except that You shall bear the cost of shipment of goods to the designated address of International Reseller. In case the goods are confirmed by eBay as Significantly Not As Described (SNAD) in accordance with eBay.in policies related to SNAD, You shall be required to ship the goods back to the designated address of International Reseller in Mumbai and bear the cost of the same. You will not get any buyer protection payout under SNAD if the International Reseller has agreed to replace the goods and You shall be required to ship the goods back to the designated address of International Reseller in Mumbai and bear the cost of the same. However, You shall be required to provide necessary documents, information, declarations and co-operation to eBay, its affiliates in India and International Reseller and its affiliates in India for approving and processing Your buyer protection claims.
- Indemnification: In addition to other indemnification obligations as stated in eBay.in User Agreement and PaisaPay User Agreement, You shall indemnify, defend and hold harmless eBay, its subsidiaries and affiliates, their respective directors, officers, employees, sublicensees, users, customers, agents, attorneys, affiliates, successors, and assigns ("Indemnified Parties") from any and all claims, losses, liabilities, damages, suits, actions, government procedures, taxes, penalties or interest, associated auditing and legal expenses and other costs incurred by the Indemnified Parties (including reasonable attorneys' fees and costs of suit) arising from any breach of this Global EasyBuy Addendum whether the said breach is wilful or otherwise.
- Limitation of Liability: eBay shall not be liable to You or any other person or entity claiming under You or Your successors, assigns, liquidators or receivers for any loss, damages, penalties, interests, duties, claims etc. paid and/or incurred by You or the persons claiming under You for any third party's (including International Reseller, its payment collection agent in India, its customs clearance agents and courier companies) acts, negligence or omissions whether intentional, willful or otherwise and whether under contracts, torts or under common law. Under no circumstances eBay shall be liable for damages, whatsoever whether such damages are direct, indirect, special, incidental, consequential and irrespective of whether any claim is bases on loss of revenue, investment, goodwill, profit, production, interruption of business or any other loss of any character or nature whatsoever and whether sustained by You or any third party. This limitation of liability shall be in addition to any other limitation of liability as specified under eBay.in User Agreement and PaisaPay Agreement.
- Binding transactions (No Termination): Once accepted, this Global EasyBuy Addendum cannot be terminated by You under any circumstances. However, eBay may terminate this Global EasyBuy Addendum at its sole discretion upon termination of Your transaction with International Reseller.
- Assignment: You cannot assign this Global EasyBuy Addendum to any third party under any circumstances. eBay may assign this Global EasyBuy Addendum to any eBay subsidiaries, holding companies or affiliates or any other entity either independently or along with assignment of eBay.in User Agreement and/or PaisaPay User Agreement.
This document is an electronic record in terms of Information Technology Act, 2000 as amended from time to time and the amended provisions pertaining to electronic records in various statutes as amended by the Information Technology Act, 2000 as amended from time to time. This electronic record is generated by a computer system and does not require any physical or digital signatures.