EBAY MOBILE APPLICATION PRIVACY POLICY AND TERMS OF USE - MALAYSIA
This Application, Privacy Policy, & Terms of Use © 2010 - 2011 eBay Inc.
By using this eBay Mobile Application (the “Application”), you agree to be bound by this eBay Mobile Application Privacy Policy and Terms of Use. Certain features of this Application may require you to be an eBay member or provide personal information and your use of these features and this Application is also subject to the www.ebay.com.my/ Privacy Policy and User Agreement.
PRIVACY POLICY
This policy applies to your use of the Application and tells you how we use and protect the information we may collect. If you reside within Malaysia, the contracting party and data Controller is eBay International AG, Helvetiastrasse 15/17, 3005, Bern, Switzerland.
Data Collection and Use. When you use this Application, we may collect and store some or all of the following, for the purpose of providing you a mobile eBay user experience:
We use this information to operate and improve our eBay applications, sites, services, and tools.
This Application may utilize social networking or “share functionality” or may contain links to third party sites that are not owned or controlled by eBay. eBay has no control over, and assumes no responsibility for, any share functionality or the content, privacy policies, or practices of any third party site. You are subject to the policies of those third parties where applicable. By using this Application, you expressly relieve eBay from any and all liability arising from your use of any share functionality or third-party site accessed from this Application. We encourage you to ask questions before you disclose your personal information to anyone.
User Control and Uninstall. You can access and change user settings or delete your search history from the options/settings menu on your device. Uninstallation methods vary depending on your device. To uninstall this Application, please use the application manager provided with your device or consult your device manual for reference. Please use this link if you wish to close your selling account: close Seller account.
Security. The information this Application collects may be stored locally on your device and may be transmitted to our servers in the United States and/or European Union. The transmission of information over wireless and wired networks is not inherently secure. eBay uses many tools to help protect your personal information against unauthorized access and disclosure however we do not guarantee, and you should not expect, that your personal information or private communications will always remain private when using this Application.
Policy Changes. eBay reserves the right to make changes to this Privacy Policy from time to time. Any material changes will take effect immediately for new users and upon the expiration of thirty (30) days after notification for current users. If you do not agree to any changes, please uninstall and discontinue using this Application. Any use of this Application after the thirty (30) day notice period constitutes your acceptance of any change.
Privacy Contact. For questions about this Privacy Policy, please contact us at “eBay Legal – Global Privacy Practices” using the appropriate address listed in Contracting Parties below.
TERMS OF USE
Application Use. eBay grants you the right to use this Application only for your personal use. You may not: (a) modify, copy, publish, license, sell, or otherwise commercialize this Application or any information or software associated with this Application; (b) rent, lease or otherwise transfer rights to this Application; or (c) use this Application in any manner that could impair any eBay site in any way or interfere with any party's use or enjoyment of any eBay site. You must use the Application in compliance with all applicable laws. You must comply with applicable third party terms of agreement when using this Application (e.g. your wireless data service agreement). Your right to use this Application will terminate immediately if you violate any provision of this Terms of Use.
This Application allows you to upload and post content to eBay’s website(s). The following policies, among others in the www.ebay.com.my/ User Agreement, apply to your use of this Application: Listing Policy, Prohibited & Restricted Items Policy, and Buyer Protection Policy (Seller obligations). Please review all policies prior to using this Application. This Application may not contain the same functionality available on the www.eBay.com.my/ website.
Intellectual Property. eBay owns, or is the licensee to, all right, title and interest in and to this Application, including all rights under patent, copyright, trade secret, trademark, or unfair competition law, and any and all other proprietary rights, including all applications, renewals, extensions and restorations thereof. You will not modify, adapt, translate, prepare derivative works from, decompile, reverse-engineer, disassemble or otherwise attempt to derive source code from this Application and you will not remove, obscure or alter eBay's copyright notice, trademarks or other proprietary rights notices affixed to, contained within or accessed in conjunction with or by this Application.
Disclaimer of Warranties. eBay disclaims responsibility for any harm resulting from your use of this Application. The Application and the service(s) accessed by it are provided "as is", “with all faults”, and “as available”. eBay expressly disclaims to the fullest extent permitted by law all guarantees and express, implied and statutory warranties, including without limitation the warranties of merchantability, fitness for a particular purpose and non-infringement of proprietary rights, and any warranties regarding the security, reliability, timeliness and performance of this Application. You download and use this Application at your own discretion and risk, and you are solely responsible for any damages to your hardware device(s) or loss of data that results from the download or use of this Application. Bid update and other notification functionality in this Application may not occur in real time. Such functionality is subject to delays beyond eBay’s control, including without limitation, delays or latency due to your physical location or your wireless data service provider’s network.
Limitation of Liability. eBay is not liable to you or any user for any use or misuse of this Application. Such limitation: (a) includes direct, indirect, incidental, consequential, special, exemplary and punitive damages, whether such claim is based on warranty, contract, tort or otherwise (even if eBay has been advised of the possibility of such damages); (b) applies whether damages arise from use or misuse of and reliance on this Application, from inability to use this Application, or from the interruption, suspension, or termination of this Application (including any damages incurred by third parties); and (c) applies notwithstanding a failure of the essential purpose of any limited remedy and to the fullest extent permitted by law. Notwithstanding the foregoing paragraph, because some jurisdictions do not allow the exclusion or limitation of liability to the full extent described above, these limitations may not apply to you. Therefore if eBay is found to be liable for any reason, eBay’s liability to you or to any third party is limited to RM 230.
Indemnification. You will indemnify and hold harmless eBay and its parents, subsidiaries, officers, directors, shareholders, agents and employees, from any claim made by any third party due to or arising directly or indirectly out of your conduct or in connection with your use of this Application, any alleged violation of the Privacy Policy and Terms of Use, and any alleged violation of any applicable law or regulation. eBay reserves the right, at its own expense, to assume the exclusive defense and control of any matter subject to indemnification by you, but doing so will not excuse your indemnity obligations.
Changes to this Application or Terms of Use. eBay reserves the right to make changes to this Application or Terms of Use from time to time. Any material changes will take effect immediately for new users and upon the expiration of thirty (30) days after notification for current users. If you do not agree to any change, please uninstall and discontinue using this Application. Any use of this Application after the thirty (30) day notice period constitutes your acceptance of any change.
Miscellaneous Provisions. This Terms of Use and Privacy Policy is governed in all respects by the laws of Malaysia, and you agree to submit to the personal jurisdiction of the courts located within Malaysia for the purpose of litigating any claim or dispute arising from your download and use of this Application. The terms of the eBay user agreement and privacy policy at the applicable country site accessed by this Application also apply to your use of this Application. You are responsible for complying with trade regulations and both foreign and domestic laws. You represent and warrant that you are not located in a country that is subject to a US Government embargo, or that has been designated by the US Government as a “terrorist supporting” country and you are not listed on any US Government list of prohibited or restricted parties. This Application or its underlying technology may not be downloaded to or exported or re-exported: (a) into (or to a resident or national of) Cuba, Iraq, Iran, Libya, North Korea, Syria or any other country subject to United States embargo; (b) to anyone on the US Treasury Department's list of Specially Designated Nationals or on the US Commerce Department's Denied Party or Entity List; and (c) you will not export or re-export this Application to any prohibited country, person, end-user or entity specified by US Export Laws.
Contracting Parties. If you reside in the United States of America, the contracting party is eBay Inc., 2145 Hamilton Avenue, San Jose, California 95125, USA. If applicable, the contracting party is eBay Europe S.à.r.l., 22-24 Boulevard Royal, L-2449 Luxembourg if you reside within the European Union, or if you reside in any other country (other than India) the contracting party is eBay International AG, Helvetiastrasse 15/17, 3005, Bern, Switzerland. If you reside in India, the contracting party is eBay India Private Limited, a company incorporated under Companies Act, 1956, with a registered office at 101-B, Akruti Corporate Park, Kanjurmarg (West), Mumbai 400079, Maharashtra, India.
Revision Date: September 27, 2011
Last Modified: ---
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