EBAY GLOBAL SHIPPING PLATFORM (INDIA) TERMS & CONDITIONS
Introduction
1.You are registered as a user of EGS Platform, and as such may submit Shipping Label Requests from time to time using your eBay Account.
2.These terms and conditions ("T&Cs") shall govern your usage of the EGS Platform and if applicable, eBay’s supply of Shipping Labels to you.
3.The EGS Platform allows you to generate and acquire Shipping Labels to utilise the shipping services of independent and third-party Carriers, as needed.
4.By continuing to use the EGS Platform, you acknowledge and agree that you:
4.1.have read, understood and unconditionally accept these T&Cs;
4.2.shall at all times comply with these T&Cs;
5.If you do not accept and agree to these T&Cs, you acknowledge and agree that you should immediately exit from and not use the EGS Platform.
Shipping Label Purchase Process
6.You can submit a Shipping Label Request to eBay through the EGS Platform by following the instructions stipulated on the EGS Platform.
7.Your Shipping Label Request constitutes an offer to eBay to buy a Shipping Label from eBay, and is subject to eBay’s acceptance, which will be delivered to you in your eBay Account on the EGS Platform.
8.Each Shipping Label Request, once accepted by eBay, becomes a Contract and shall immediately constitute a separate and independent binding contract between you and eBay incorporating these T&Cs.
9.Subject to your compliance with these T&C and eBay receiving payment from you (where applicable), eBay shall promptly supply to you the Shipping Label(s) in accordance with these T&C.
10.Title to each Shipping Label shall pass to and vest in you upon its delivery to you in your eBay Account on the EGS Platform.
11.eBay will only bear risk of loss and/or damage to the Shipping Label until its delivery to you.
Redeeming a Shipping Label
12.You may redeem your Shipping Label with the applicable Carrier to ship the applicable Item(s) during the Validity Period.
13.You acknowledge and agree that:
13.1.redeeming a Shipping Label will create a separate and independent binding contract between you and the applicable Carrier for the applicable Shipping Services;
13.2.the Shipping Contract T&Cs will govern that contract for Shipping Services;
13.3.each Shipping Label is personal to you and you may not assign or transfer a Shipping Label to any Third Party unless expressly permitted by the Shipping Contract T&Cs;
13.4.eBay does not control the Carrier nor perform any Shipping Services; and
13.5.eBay shall not in any event be liable for any acts or omissions of the Carrier or the Shipping Services.
Payment
14.For each Contract, you hereby authorise eBay to make a debit from your sale proceeds or Linked Financial Account or such debit or credit card that you provided to us when you submitted the Shipping Label Request. If such debit is not possible or is not fulfilled for any reason whatsoever, eBay may terminate your eBay Account.
15.Payment will be processed contemporaneously or within a short period of time after you submit, and eBay accepts, each Shipping Label Request.
16.If eBay is unable to fulfil a Contract for reasons outside our control, eBay will cancel the Contract and issue you a refund or credit note.
17.Prices for Shipping Labels are exclusive of GST, VAT, sales tax, withholding tax or any other taxes that may be applicable or levied.
18.You remain liable for payment of applicable taxes and you shall pay all Shipping Fees in full and without any withholding and/or deductions for applicable taxes and bank charges.
19.Save and except as permitted under Clause 14, you acknowledge and agree that if, for whatever reason, your payment is incomplete, reversed or declined, then eBay reserves the right to:
19.1.terminate the Contract between us for that Shipping Label;
19.2.terminate your eBay Account; and/or
19.3.suspend and/or terminate the provision of the Shipping Label forthwith in whole or in part.
Cancellations and Refunds
20.If you wish to cancel a Shipping Label, please refer to the eBay Cancellation and Refund Policy at https://www.ebayglobalshipping.com/cancellation-refund-policy to determine your eligibility and understand how cancellation and refunds may be processed.
21.You acknowledge and agree that the eBay Cancellation and Refund Policy at https://www.ebayglobalshipping.com/cancellation-refund-policy is hereby incorporated by reference into these T&Cs.
Third Party Websites & Services
22.The EGS Platform contains links to independent Third Party websites and/or applications and may also contain content supplied by independent Third Parties.
23.You acknowledge and agree that:
23.1.eBay owns and operates the EGS Platform to enable you to procure Shipping Labels and access information relating to Shipping Services, but eBay does not itself provide any shipping services;
23.2.the Carrier websites and/or applications to which the EGS Platform contains links to, are not under eBay’s control and are governed by their own terms and conditions and privacy policies. Access to them is at your own discretion;
23.3.eBay is not responsible for the accuracy or completeness of any Carrier content found on the EGS Platform or any Carrier website and/or application;
23.4.information relating to delivery timelines and/or shipping rate on the EGS Platform are each Carrier’s best estimates only and are not guaranteed;
23.5.Shipping Services may be subject to additional taxes and/or custom charges which shall be borne by you in accordance with the terms of any Shipping Contract you enter into, or as is required by Applicable Law, but without recourse to eBay; and
23.6.eBay has no responsibility for, nor does eBay endorse any Carrier or other Third Party content on the EGS Platform.
24.You acknowledge and agree that:
24.1.Shipping Services are provided by Carriers and eBay does not control nor purport to control those Carriers;
24.2.Shipping Services will be governed by the applicable Shipping Contract and eBay does not control or purport to control the terms of any Shipping Contract;
24.3.eBay does not endorse the Shipping Contract nor any Carrier;
24.4.eBay is not, in any event, be liable for any services, products, actions or inactions of any Carrier;
24.5.at no time shall any right, title or interest over the Items vest with eBay, nor shall eBay have any obligations or liabilities in respect of any items delivered using any Shipping Services;
24.6.eBay is not responsible for any unsatisfactory or delayed performance of Shipping Services or damages or delays as a result of services provided by any Carrier to you;
24.7.Carrier may refuse to provide you with Shipping Services if they determine, in their sole and absolute discretion, that any information or instruction submitted through the EGS Platform is illegible, incorrect, or ambiguous or if the Carrier has grounds for believing that your request is, or could be, unlawful;
24.8.if you enter into a Shipping Contract, you shall be bound by the same and without any recourse to eBay whatsoever;
24.9.for your ease of reference, the links to each Carrier’s Shipping Contract T&Cs are set out hereinbelow in these T&Cs, however, it is your obligation to ensure, that you are aware of the then current version of the relevant Shipping Contract T&Cs;
24.10.eBay shall not be liable to you or guarantee in any way in relation to the performance of the relevant Shipping Contract or or for any matter arising out of or in connection with the same or Applicable Law; and
24.11.you hereby expressly and irrevocably waive any and all rights to make any Claims against eBay or any of its Affiliates in relation to any Shipping Contracts or Applicable Law.
25.You acknowledge and agree that:
25.1.Shipping Labels may be issued by the applicable Carrier and provided to you by eBay in response to Shipping Label Requests submitted by you through the EGS Platform;
25.2.eBay may support the issuance, activation, display, or provision of Shipping Labels solely as provider of such label and platform operator; and
25.3.the issuance of a Shipping Label to you by eBay shall not imply eBay is providing shipping services which are solely being provided by Carriers, directly or indirectly through their subcontractors or agents.
26.For the avoidance of doubt:
26.1.eBay’s provision, issuance or transfer of Shipping Labels shall not result in any right, title, risk of loss, or interest, in any Item vesting in eBay;
26.2.eBay shall not be deemed the owner, shipper, consignor, consignee, exporter, importer, freight forwarder, bailee or carrier of any Item;
26.3.title to and risk of loss in Items shall remain solely between you, Carrier and your buyer (as the case may be).
Eligibility
27.In accepting and agreeing these T&Cs, you hereby warrant and represent to eBay that you can enter into legally binding contracts as defined under the Indian Contract Act, 1872.
28.In accepting and agreeing these T&Cs, you acknowledge and agree that:
28.1.you may only use the EGS Platform for shipments to destinations outside of India;
28.2.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 EGS Platform;
28.3.the EGS Platform is only available to holders of a valid eBay Account that have been selected and approved by eBay, and eBay may at its sole discretion, extend or limit access to the EGS Platform, including in relation to any risk assessment of any eBay Accounts;
28.4.eBay reserves the right to immediately terminate your access to the EGS Platform and/or cancel any or all of your transactions if eBay suspects that you are a minor, are in breach of these T&Cs and/or not in compliance with these eligibility requirements; and
28.5.eBay reserves the right to immediately terminate or restrict your access to the EGS Platform to manage any risks identified by an eBay risk assessment.
Shipping Service Compliance
29.In order to enhance your user experience, you shall comply with the following:
29.1.Carriers may choose to only collect Item(s) from you at an address they have completed verification for; and
29.2.you will be solely responsible for complying with all Applicable Law when shipping Items to your buyers. This includes being responsible for:
29.2.1.supplying all documentation and information required for origin and destination customs clearances;
29.2.2.complying with all procedures imposed by origin and destination customs; and
29.2.3.obtaining and maintaining all consents, licenses and registrations necessary for the carrying on of your business activity and for the booking and transportation of the Item(s) pursuant to a Shipping Contract.
Shipping Fees
30.You acknowledge and accept that:
30.1.eBay shall charge and collect from you the fees which shall include, but not be limited to, an amount equivalent to the freight charges, export and/or import duties, handling fees (as applicable), applicable taxes and duties (including goods and services tax) thereon, in consideration for the provision of the Shipping Label, and such other fees as eBay may charge for the use of the EGS Platform services (together the “Shipping Fees”);
30.2.eBay’s collection of Shipping Fees is in consideration of provision of a Shipping Label and the added shipping related services performed by eBay (e.g. payment of freight charges, export and/or import duties, handling fees (as applicable)), not to create contractual obligations with you in respect of the physical shipping of any Items;
30.3.nothing about these T&Cs shall in any way be construed as eBay providing Shipping Services to you, or for eBay being liable for your obligations and/or the obligations of the Carrier under a Shipping Contract;
30.4.you shall be liable to pay the Shipping Fees irrespective of whether your Item(s) are lost, misdelivered, delayed or damaged during the course of transit or returned by an Carrier undelivered for any reason;
30.5.details of the fees that you may be charged in relation to each Carrier’s Shipping Services are summarised on the EGS Platform for your ease of reference (“Shipping Fees Summary”); and
30.6.eBay may, at its discretion, collect Shipping Fees in advance to mitigate any issues arising in relation to eBay’s risk assessment of your eBay Account.
31.For the purposes of Clause 30 the following will apply in relation to collection of Shipping Fees:
31.1.you can access the Shipping Fee statements on EGS Platform; and
31.2.you must follow the fees and payment process and timelines as set out by eBay in these T&Cs and the relevant eBay Websites.
32.You acknowledge and agree that your failure to pay such Shipping Fee statements may result in us, in our sole discretion, acting against you including:
32.1.the suspension of your eBay Account and any related accounts or access of EGS Platform (as eBay may deem appropriate); and/or
32.2.a referral to the appropriate police or other authorities for initiating criminal or other proceedings, including civil recovery through arbitration, against you, where relevant.
Misuse of the EGS Platform
33.You acknowledge and agree that your right to use the EGS Platform is based on the following:
33.1.you will only use the Shipping Services in order to ship Items that you have sold on eBay Websites via your eBay Account;
33.2.you will ensure that your eBay Account(s) is duly registered with the EGS Platform.
34.You shall ensure that you do not use the EGS Platform to facilitate the transportation or attempted transportation of anything that contains:
34.1.anything that cannot be exported or transported legally in accordance with Applicable Law;
34.2.anything that is prohibited by any Applicable Law, regulation or statute, including but not limited to the Antiquities and Art Treasures Act, 1972, the Wild Life (Protection) Act, 1972, the Indian Penal Code, 1860, the Arms Act, 1959;
34.3.bullion or currency, negotiable instruments in bearer form (e.g. bearer cheques / drafts, money orders, promissory notes, bearer bonds, bearer share certificates), stamps, open tickets, un-cashed travelers' cheques, credit cards or SIM cards; counterfeit goods, ivory, animals (or parts thereof), weapons, explosives or ammunition, human remains;
34.4.dangerous/hazardous goods or combustible materials, or any items restricted or prohibited under the rules of IATA (International Air Transport Association), ICAO (International Civil Aviation Organization), ADR (European Road Transport Regulation on dangerous goods) or other relevant organization;
34.5.drugs/narcotics; or
34.6.anything which is restricted/prohibited to list/sell on an eBay Website or which is prohibited or restricted by the terms of the applicable Shipping Contract.
35.eBay may, in its sole and absolute discretion, without prior notice or obligation to provide reasons, immediately remove or limit your (and any of your related accounts’) access to the EGS Platform, activity on the EGS Platform, and/or suspend, hold, restrict, cancel or terminate any transaction procured through the EGS Platform or Shipping Labels, and/or instruct the Carrier to hold, temporarily suspend, restrict, hold, cancel or terminate permanently, the delivery of Items, or dispose of, destroy, or return to origin, Items,:
35.1.you have unpaid Shipping Fees;
35.2.you misuse or abuse the EGS Platform in any manner whatsoever (which shall include, without limitation, mis-declaring product values, weights or categories, submitting false customs or exports declarations or shipment data, engaging in fraudulent activity, unauthorised use of Shipping Label, or attempting to deceive any applicable customs or other authorities);
35.3.you use the EGS platform to ship items on behalf of any Third Party, even if such items are sold on eBay Websites;
35.4.you share your EGS Platform account details with any Third Party and/or items belonging to such or other Third Parties are shipped through the EGS Platform;
35.5.your EGS Platform account details are used (as a result of any reasons whatsoever) by a Third Party to ship items belonging to such or other Third Parties;
35.6.you use the EGS Platform in any manner detrimental to the business interests of eBay, its Affiliates or group companies and/ or any other users of any eBay Website;
35.7.eBay is unable to verify or authenticate any information you provide; or
35.8.your actions may cause unacceptable legal liability for you, eBay, any Carriers, any user of any eBay Website, and/ or any third parties.
36.Any restriction imposed upon your use of the EGS Platform, shall not in any manner be deemed to be a waiver of eBay's right to recover from you any fees, charges, expenses, costs including but not limited to any costs / charges / expenses incurred by eBay in defending any liability or allegation on eBay of any non-compliance by you of the provisions of these T&Cs.
37.eBay may, without prejudice to our other remedies, take action against you for any breach of these T&Cs, including (but not limited to) charging you Rs.50,000.00 per misuse/abuse as liquidated damages. You agree and acknowledge that such amount is payable to eBay as liquidated damages and represents a genuine pre-estimate of the loss that eBay would suffer due to any non-compliance by you.
38.Any actions taken by eBay shall not be deemed to waive nor prejudice, any other right or remedy available to eBay under these T&Cs, Applicable Law, equity or otherwise.
Service Disputes
39.You acknowledge and agree that:
39.1.you are solely responsible for resolving all Claims or disputes you may have in relation to Shipping Services with the applicable Carrier and you shall not have any recourse against eBay or its Affiliates whatsoever;
39.2.in the event of any loss or damage to your Items (including Loss due to mis-delivery, delay in shipment, undelivered or returned items) the Shipping Contract will govern the Carrier’s liability for that loss or damage and you shall have no recourse against eBay or its Affiliates whatsoever;
39.3.in the event of claims or disputes arising on account of any non-performance of services by the Carrier whether willful or otherwise, the Shipping Contract will govern the Carrier’s liability and you shall have no recourse against eBay or its Affiliates whatsoever; and
39.4.eBay shall not be responsible or liable for any claim or disputes between you and any Carrier and/or any eBay buyer (including in relation to any Claims of fraud, willful misconduct or similar) and you shall have no recourse against eBay or its Affiliates whatsoever.
40.As always, eBay recommends that in the event you desire to seek full coverage for loss, mis-delivery or delay of shipments, you should consider insuring those shipments either through the Carrier or through an independent insurance provider.
41.In any event, eBay shall not be liable to you in any way whatsoever and shall not be party to any such disputes between you, any Carrier, any eBay buyers or any insurance company.
Warranties
42.You warrant and represent to us that at all times whilst you use the EGS Platform you shall not breach any of the conditions of these T&Cs and Applicable Law.
43.You warrant and represent to eBay that:
43.1.you have the requisite legal authority to procure Shipping Labels in accordance with these T&Cs;
43.2.all information you supply to eBay is true and accurate and eBay may rely on the same without the need for further verification;
43.3.you shall not (and shall not permit anyone else to) reproduce, modify, distribute, post, disclose or otherwise take or use eBay’s IPR; and
43.4.you shall not breach any of these T&Cs.
44.You acknowledge and agree that:
44.1.eBay hereby exclude all conditions, warranties, representations or other terms (whether express, implied or otherwise) which may apply to the supply of the Shipping Labels to the maximum extent permitted by Applicable Law.
44.2.eBay supplies the Shipping Labels on an “as is” and “as available” basis.
44.3.the EGS Platform and any services accessible via the EGS Platform are provided on an “as is” and “as available” basis;
44.4.eBay does not guarantee that the EGS Platform, or any content on it, will be free from errors or omissions;
44.5.you may only use a Shipping Label to deliver items that you have sold to eBay buyers who have transacted with you on an eBay Website;
44.6.eBay does not guarantee the quality, suitability, safety or ability of Carriers providing Shipping Services on the EGS Platform;
44.7.the entire risk arising out of your use of the EGS Platform remains solely with you, to the maximum extent permitted under Applicable Law;
44.8.that insofar as is permitted by Applicable Law eBay provides no warranties nor gives any representations or undertakings to you whatsoever including:
44.8.1.that the content on the EGS Platform is accurate, complete or up to date;
44.8.2.that the EGS Platform or any content, service or feature of the same shall be error-free or uninterrupted, or that any defects will be corrected;
44.8.3.as to the merchantability, fitness for purpose, accuracy, completeness, reliability, availability, suitability, quality, non-infringement or operation of any content, product or service provided on or accessible from the EGS Platform; or
44.8.4.the EGS Platform will provide high standard service metrics, or guarantee you to be eligible for an eBay Top rated seller standard” or for removal of any defect on your eBay selling account;
44.9.eBay and Third Party content providers provide no warranties nor give any representations or undertakings as to the ownership, accuracy or adequacy of the content on the EGS Platform; and
44.10.eBay excludes all conditions, warranties, representations or other terms which may apply to the EGS Platform or any content on it to the maximum extent permitted by Applicable Law.
Indemnities
45.You acknowledge and agree that you shall fully indemnify, defend and hold eBay and its Affiliates harmless from eBay from and against any and all Claims and/or Losses of whatever nature suffered, sustained or incurred, arising out of or in connection with:
45.1.your use of the EGS Platform;
45.2.your use of a Shipping Label;
45.3.any breach by you of these T&Cs;
45.4.any Shipping Contract that you are a party to;
45.5.eBay’s or any Third Party’s use of any of the information that you submit to us, including information submitted via the EGS Platform;
45.6.your breach of Applicable Law.
Liability
46.These T&Cs set out the fullest extent of eBay’s obligations and liabilities to you in respect of any Shipping Labels and/or the EGS Platform.
47.To the maximum extent permitted by the Applicable Law, eBay’s total aggregate liability to you for any and all Claims and Losses whatsoever arising out of or in connection with these T&Cs, your use of EGS Platform, or your purchase of a Shipping Label, shall be strictly limited to the lower of (i) if applicable, the value received by eBay from you for Shipping Label in relation to which the Claim or Loss arose, and (ii) INR 5,000.00.
48.You acknowledge and agree that eBay may manage the risks associated with providing you with access to the EGS Platform, including by placing restrictions on your access to your funds or instructing a payment service provider to hold or to make direct debits to your funds, prior to disbursement, if eBay reasonably believes it necessary or beneficial;
48.1.given your selling history, seller performance, returns, chargebacks, listing category, transaction value;
48.2.to manage fraud, risk management, or compliance;
48.3.to pay for any refunds, reimbursements, or other payments associated with returns, Disputes, or other post-transaction activities; or
48.4.to pay for any costs incurred as a result of any breaches by you of these T&Cs.
49.In the situations described in Clause 48, we will:
49.1.notify you through the eBay Website Announcement Board and/or by email.
49.2.settle any unused retained amounts to your Linked Financial Account within 180 days of the applicable event.
50.Under no circumstances shall eBay be liable for Indirect Loss under these T&Cs.
Termination
51.eBay may by notice to you and for whatever reason, immediately terminate any Contract with you under these T&Cs at any time before delivery of the applicable Shipping Label.
52.The termination or expiry of a Contract shall be without prejudice to the rights and remedies of either you or eBay which may have accrued under the Contract Agreement or Applicable Law up to the date of termination or expiry thereof.
53.The termination or expiry of a Contract does not limit the survivability of other provisions, which by their nature, are intended to survive the termination and/or expiry of the Contract.
Privacy
54.The messages, files or information exchanged in the course of your use of the EGS Platform is stored on eBay’s network and is subject to the prevailing eBay Privacy Policy.
55.Your personal data may be disclosed to the relevant Carrier for the limited purposes of allowing such Carrier to provide Shipping Services to you, and for compliance with Applicable Laws (including to screen you (as the seller or sender), the shipments, the recipients, and any other party with an interest in the shipments).
56.To the extent that your personal data is disclosed to a Carrier, it will be held by that Carrier in accordance with its privacy policy.
General Provisions
57.You may not assign, novate, or otherwise transfer all or any of your rights, benefits or obligations under these T&Cs without eBay’s prior written approval.
58.eBay may assign, novate, transfer or deal in any way with its rights and/or obligations under these T&Cs, including to an affiliate or any Third Party.
59.No failure to exercise, nor any delay in exercising, any right, power or remedy under these T&Cs shall operate as or be deemed a waiver of the same. Waivers must always be given in writing.
60.Any waiver of any breach of these T&Cs shall not be deemed to be a waiver of any subsequent breach.
61.All notices under these T&Cs shall be in writing and shall be delivered by email to the party due to receive it at the party’s designated email address. In eBay’s case, please send it to DL-eBay-Legal-SIJ-AE@ebay.com.
62.None of the provisions of these T&Cs shall be deemed to constitute a partnership or agency between you and eBay and you shall have no authority to bind eBay in any manner whatsoever.
63.Your relationship with eBay is on a principal to principal basis and by your acceptance of these T&Cs, you agree that eBay is an independent contractor for all purposes, and does not have control of or liability for the products or services that are listed on the eBay Website and/or sold by you.
64.If any clause of these T&Cs 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 these T&Cs.
65.eBay shall not be liable for any delay or non-performance of its obligations under these T&Cs as a result of any Force Majeure Event.
66.Nothing contained in these T&Cs or any actions by you shall amend or alter, or shall be deemed to have amended or altered, any of the provisions of the eBay User Agreement or Shipping Fee Summary except to the extent that the provisions were mentioned in these T&Cs.
67.You acknowledge and agree that:
67.1.eBay may amend or withdraw the EGS Platform and/or these T&Cs and/or eBay Policy at any time by any of the following:
67.1.1.sending you a withdrawal notice or posting a revised version on the relevant eBay Website or on the EGS Platform;
67.1.2.notifying you via the relevant eBay Website Announcement Board; and/or
67.1.3.sending an email to your eBay registered email ID;
67.2.any amendments of these T&Cs or the Shipping Fees Summary will be effective at, the earlier of, the time eBay posts it on the relevant eBay Website or announcement board or informs you by notice to your eBay registered email ID; and
67.3.no amendments shall be considered as a variation or reduction of your rights and/or responsibilities.
68.These T&Cs shall be governed and construed in accordance with the laws of India.
69.You agree that your Item’s shipping data and your or your personnel’s personal data may be transferred (including internationally), processed, retained and deleted by eBay, Carriers and customs and other authorities as independent controllers in compliance with applicable data protection laws.
70.If a dispute arises between you and eBay, we strongly encourage you to first contact us directly to seek resolution of the dispute by addressing the dispute to an eBay grievance officer at grievance_officer@ebay.com. Failing resolution through the grievance officer, the dispute shall be referred to a sole arbitrator who shall be an independent and neutral Third Party identified and appointed by eBay. The place of arbitration shall be Mumbai, India. The Arbitration & Conciliation Act, 1996, shall govern the arbitration proceedings. The arbitration proceedings shall be in the English language. The award of the arbitration proceedings shall be final and binding on the parties to the dispute. The arbitrator shall also decide upon the costs of the arbitration proceedings.
Definitions
“Affiliate” means any entity that is Controlled by a Party or under common Control of that Party.
“Applicable Law” means all national, state, local, central, customs and municipal legislation, regulations, statutes, by-laws, approvals and/or other laws and any other instrument or direction from officials having the force of law as may be issued and in force from time to time (and any amendment or subordinate provisions thereto) relating to or connected with the activities contemplated under these T&Cs, wherever so located and/or performed.
“Carrier” means a Third Party Logistic Service Provider who offers Shipping Services over the EGS Platform.
"Claim” means any allegation, debt, judgment, cause of action, action, claim, proceeding, suit or demand of any nature howsoever arising and whether present or future, fixed or unascertained, actual or contingent whether at law, in equity, under statute or otherwise asserted by any Person at any time.
“Contract” means any Shipping Label Request that eBay has accepted pursuant to Clause 8 and to which these T&Cs shall be incorporated by reference and apply.
“Control” means the: (1)ownership or control (whether directly or indirectly) of more than 50% of the voting share capital of the relevant entity; (2) ability to direct the casting of more than 50% of the votes exercisable at general meetings of the relevant entity on all, or substantially all, matters; or (3) right to appoint or remove directors of the relevant entity holding a majority of the voting rights at meetings of the board on all, or substantially all, matters, and the terms “Controls”, “Controlled” and “Controlling” shall have the equivalent grammatical meaning.
“eBay” means eBay Singapore Services Pte Ltd.
“eBay Account” means a user account registered with an eBay Website.
“eBay Website(s)” means any eBay site(s) including, but not limited to, www.ebay.in, www.ebay.com, www.ebay.de and www.ebay.com.au.
“eBay Website Announcement Board” means the announcement board of the applicable eBay Website.
“EGS Platform” means the one-stop eBay’s Global Shipping platform for eBay sellers in India that are looking for convenient and reliable shipping solutions for the items that they sell on eBay Websites.
“Force Majeure Event” shall mean and include events and circumstances which are beyond the control of any party and shall include, without limitation, acts of God, earthquakes, cyclone, storm, flood, war, terrorist strikes, strikes, civil commotion, pandemic, epidemic, government act, plane-crash or any other action or omission by anyone outside the reasonable control of the Carrier.
“Indirect Loss” means, in relation to a breach of these T&Cs, any loss of production, loss of use, loss of revenue, loss of profit, loss of contract, loss of goodwill, or any indirect, consequential or special loss.
“Item” means any item listed on or sold via an eBay Website.
"Linked Financial Account” means the eBay user’s account, Payoneer account or bank account (as applicable) associated with their eBay Account.
“Loss” or “Losses” means any loss, expense, claim, penalty expenses or equivalent which is suffered, including Indirect Loss, as may arise as a result of one party’s actions or inactions in respect of their obligations under this agreement.
“Shipping Contract” means any contract that you may enter into with a Carrier for Shipping Services by redeeming a Shipping Label, such contracts shall be governed by the applicable Shipping Contract T&Cs and be a matter strictly and solely for determination by you and the Carrier without recourse, reference or knowledge of eBay.
“Shipping Contract T&Cs” means the then-current terms of business of each Carrier that sells Shipping Services under a Shipping Contract through the EGS Platform, which can be accessed through the applicable link provided below. The applicable Shipping Contract T&Cs shall form part of and be incorporated into each Shipping Contract entered into with the relevant Carrier.
| Carrier | Carrier’s Shipping Contract T&Cs |
|---|---|
| Aramex | Aramex Terms & Conditions |
| DHL Express | DHL Express Terms & Conditions |
| FedEx | FedEx Terms & Conditions |
| LexShip | Lexship Terms & Conditions |
| Shiprocket | Shiprocket Terms & Conditions |
| UPS | UPS Terms & Conditions |
“Shipping Label” means a label or equivalent shipping authorisation, electronic or digital, generated by a Carrier, and made available by eBay through EGS Platform, that may be redeemed by you with the applicable Carrier for the Shipping Services for the Item(s) specified in the applicable Shipping Label Request.
“Shipping Label Request” means any request submitted by you to eBay to supply a Shipping Label via the EGS Platform.
“Shipping Services” means the shipping services that a Carriers over the EGS Platform, and which may be utilized by you to deliver your Items to an eBay Buyer when you redeem an applicable Shipping Label.
“Third Party” means a natural person or legal entity who is neither you nor eBay.
“Title” means ownership of real property or personal property.
“Validity Period” means the period during which you may redeem a Shipping Label for Shipping Services, being the period defined by the applicable Carrier’s terms and conditions of business.