eBay Motors Pricebook - India's First Used Car & Bike Pricing Tool

User Agreement

This document is an electronic record in terms of Information Technology Act, 2000 and the amended provisions pertaining to electronic records in various statutes as amended by the Information Technology Act, 2000. This electronic record is generated by a computer system and does not require any physical or digital signatures.

TERMS AND CONDITIONS OF USE OF “eBay Motors PriceBook”
(“PriceBook User Agreement”)

These terms and conditions (“PriceBook User Agreement” or “PriceBook UA”) between You and eBay Motors India Pvt Ltd, a company incorporated under the laws of Switzerland (hereinafter referred to as “eBay AG”) and governs your use of eBay Motors PriceBook features and tools on the website www.pricebook.in or any successor website (hereinafter referred to as "PriceBook Website") and the use of PriceBook Website. You must read, agree with and accept all the terms and conditions contained in this PriceBook User Agreement as these terms constitute your legal and contractual obligations towards eBay AG.

This PriceBook User Agreement shall be effective and binding upon your ‘acceptance’. ‘Acceptance’ shall mean your affirmative action in clicking on the ‘I Agree’ and on the ‘Continue’ button (or such other buttons from time to time) as provided on the registration page or such other actions that implies your acceptance. If you do not agree or are not willing to be bound by the terms and conditions of this PriceBook User Agreement, please do not click on the "I Agree" and on the “Continue” button or any other similar button and shall neither seek to obtain access to or otherwise avail eBay Motors PriceBook features and tools nor access nor browse PriceBook Website.

In the case of legal persons, including a partnership firm (defined as ‘Organization’ in PriceBook User Agreement), the individual accepting / signing PriceBook User Agreement shall be presumed, by the act of accepting / signing, to have represented that he/she has the full authority of the Organization to sign and act on behalf of the Organization. The Organization and the individual accepting / signing on its behalf shall be responsible and liable in case of any misuse of eBay Motors PriceBook and/or PriceBook Web Site or breach of PriceBook User Agreement.
eBay AG may amend this PriceBook User Agreement at any time by posting a revised version on the PriceBook Website. The revised version will be effective at the time eBay AG posts it. In addition, if the revised version of PriceBook User Agreement includes a Substantial Change, eBay AG will provide you with 30 days' prior notice of such Substantial Change/s by posting the same on PriceBook Website or as per the Notification Preferences provided by Registered User to eBay AG. You are advised to regularly check updates on the PriceBook User Agreement.

When You use the PriceBook Website and/or eBay Motors PriceBook features and tools or send emails or submit Order Form online or other data, information or communication to eBay AG, You agree and understand that You are communicating with eBay AG through electronic records and You consent to receive communications via electronic records from eBay AG periodically and as and when required. eBay AG will communicate with You by email or by posting notices or electronic records on the PriceBook Website which will be deemed adequate service of notice / electronic record.

DEFINITIONS

1.1.

The term “Authorized User” would include a natural person, or Organization, competent to contract as per Indian Contract Act, 1872 or any other relevant laws of such country, state, province or territory having jurisdiction on such natural person or Organization, who has agreed to use eBay Motors PriceBook and to whom the access is restricted by the use of a sign in user name (“User ID”) and a password (“Password”). The User ID and Password are either allotted by eBay AG in case of print Order Form or chosen by You and agreed upon by eBay AG in case of online / electronic record Order Form. It is made abundantly clear that only the Authorized User has the right to use the facility so offered by eBay AG for its eBay Motors PriceBook. If agreed to between Authorized User and eBay AG, Authorized User shall be entitled to create and distribute such number of sub sign in user name associated with User ID (“Sub User ID”) and related passwords (“Sub Passwords”) as may be agreed by eBay AG and paid for by Authorized User and wherever the context so require the Users using Sub User ID and the associated Sub Passwords shall also be deemed as Authorized Users.

Provided that, for the purposes of this PriceBook User Agreement, any person who does not have a legal or a contractual right to use eBay Motors PriceBook, but does so, will fall within the definition of an “Unauthorized User” and will be subject to the terms and conditions of this PriceBook User Agreement, and expressly so with respect to respecting the intellectual property rights of the provider, and abiding by usage terms and conditions.

1.2.

The terms “eBay Motors PriceBook” would mean to include the interactive online facility, feature and tools offered by eBay AG on the PriceBook Website under the name and style of “eBay Motors PriceBook” or such other name / trade name as may be decided by eBay AG from time to time, through which the Authorized User may access PriceBook Facility and/or such other / additional facility, feature and tools as may be offered by eBay AG from time to time. eBay Motors PriceBook also includes various search tools through which the Authorized User can search through the hosted databases using a number of search tools that are present with a selection matching their search criteria.

1.3.

The term “Order Form” means any order form attached to this PriceBook User Agreement, either in print or online / electronic record, wherein You provide required information to eBay AG to become an Authorized User and select the desired User Plan and the payment information / details of User Charges.

1.4.

The term “Organization” would include any company, partnership firm, institute, trust or any such entity which has a legal personality but is not a natural person.

1.7.

The term “PriceBook Facility” means the facility provided by eBay AG to Authorized Users for use of its facility available on website ‘www.pricebook.in’ or any successor website and containing material /content / report / data which is / are downloaded from or displayed on PriceBook Web Site and/or eBay Motors PriceBook and stored (including temporary storage) to a storage device under Authorized User’s exclusive control.

1.5.

The term “User” would include both Authorized User and Unauthorized User.

1.6.

“User Charges” shall mean the charges associated with the respective User Plan (including, without limitation, those notified on PriceBook Web Site and/or Order Form) and required to be paid by You for becoming Authorized User.

1.7.

“User Plan” shall mean and include various categories / plans of eBay Motors PriceBook offered by eBay AG and mentioned on PriceBook Web Site and/or Order Form

EBAY MOTORS PRICEBOOK AND PRICEBOOK WEBSITE USE AND ACCESS

2.1.

eBay AG grants the Authorized User non-exclusive, non-transferable, revocable and limited right to access and use the PriceBook Web Site and eBay Motors PriceBook in accordance with the terms and conditions of PriceBook User Agreement and limited to the number of User ID and Sub-User IDs selected for fully paid User Plan

2.2.

Authorized User has a limited right to use the PriceBook Facility strictly and only for personal, internal and non-commercial (whether for profit or otherwise) use.

2.3.

PriceBook Facility shall not be reproduced, transmitted, distributed or stored in any other web site or in any other mode / media / medium / manner not in personal control of the Authorized User and in violation of PriceBook User Agreement. PriceBook Facility shall not be disseminated, either in electronic or non-electronic form, or included in any public or private electronic retrieval system or service without the prior written permission of eBay AG.

2.4.

eBay AG shall have a right to make such additions to, deletions from and other modifications, as it may deem fit, to the database and in the database, and/ or the manner of presenting and providing such databases, including the basic structure and features thereof, without giving notice thereof to the Authorized User.

USE OF PRICEBOOK WEBSITE AND EBAY MOTORS PRICEBOOK AS AN AUTHORIZED USER:

3.1.

In order to become and remain an Authorized User You have to:

3.1.1

Complete the Order Form by providing valid, current and correct information and select the desired User Plan;

3.1.2.

authorize eBay AG to bill the credit card details provided by You in the online / electronic record Order Form for the User Charges related to User Plan selected by You in the Order Form. You may also select to pay User Charges to eBay AG by way of online bank transfer, debit card, issuing a cheque or demand draft or pay order or such other mode as may be notified on PriceBook Website. The charges are collected on behalf of eBay AG by eBay Motors India Private Limited, a company incorporated under the Companies Act, 1956 or such other independent third-party service provider(s) as may be notified by eBay AG on PriceBook Web Site or otherwise.

3.1.3

Upon receipt of complete details in the Order Form and full User Charges in advance, You shall obtain a User ID and Password to use eBay Motors PriceBook. The allotment and activation of User ID and Password shall constitute You as an Authorized User herein permitted to avail the PriceBook Facility.

3.2.

Authorized User permitted by eBay AG to create and distribute (without any consideration) Sub User ID and Sub Password shall ensure that (a) the access and use of eBay Motors PriceBook is restricted to person(s) to whom such Authorized User in its discretion has distributed Sub User ID and Sub Password and (b) such persons have been notified of this PriceBook User Agreement and (c) no consideration whether in cash (or its equivalents) or in kind shall be charged by Authorized User from the person(s) to whom Authorized User is distributing Sub User ID and Sub Password. The Authorized User shall be directly responsible and liable to eBay AG in case of any misuse of eBay Motors PriceBook or breach / violation of PriceBook User Agreement by such person(s). Authorized User agrees and acknowledges (for itself and on behalf of its designated person(s) to whom Sub User ID(s) shall be distributed by Authorized User) that eBay AG shall have the right and may monitor and/or control the creation, distribution and nature and extent of use of User ID and Sub User ID by Authorized Users and its designated persons to check the compliance of PriceBook User Agreement.

3.3.

There shall be only one User ID or Sub User ID, as the case may be, for one Authorized User. Concurrent use of User ID or Sub User ID is not permitted and any such use or attempt of use shall be considered as breach of PriceBook User Agreement.

3.4.

The Authorized User shall be responsible for keeping confidential and secure the User ID / Sub User ID and Password / Sub-Password and the same should never be shared with any third-party not authorized or permitted by eBay AG. For the purpose of this PriceBook User Agreement, all actions performed by any person using the User ID / Sub-User ID and Password / Sub Password shall be deemed to have been committed by the Authorized User who has been allotted the User ID and been granted the permission by eBay AG to create and distribute Sub User IDs and such Authorized User shall be responsible and liable for the same. eBay AG reserves the right to terminate this PriceBook User Agreement at any time and forfeit the User Charges if it is found or notified that the Authorized User has shared or given the access to or has been negligent in securing and keeping confidential the User ID / Sub-User ID and Password / Sub-Password with any third-party not authorized or permitted by eBay AG and eBay AG shall claim losses and damages from such Authorized User.

3.5.

The validity period of the selected User Plan commences from the day the User ID and Password is activated by eBay AG upon receipt of full User Charges in accordance with Clause 4 below. The validity period of the Sub User ID shall end along with the User ID. Subsequent renewals would reset the validity period in terms of the nature of User Plan selected by the Authorized User.

3.6.

The selected User Plan, the User ID and associated Sub User ID shall get deactivated when the User Charges for such User Plan is exhausted or the validity period expires, whichever is earlier.

3.7.

Authorized User may renew the validity period of the User Plan at any time before the expiry of the validity period. The User Charges upon such renewal shall be as per the then current rates.

PAYMENT OF USER CHARGES:

4.1.

You shall pay to eBay AG the full User Charges in advance for the nature and type of User Plan selected by You. User Charges shall be paid by You along with the submission of Order Form. You shall not become Authorized User and User ID and Password shall not be allotted to You or User ID and Password shall not be activated / re-activated unless eBay AG receives the full User Charges in advance. User Charges shall be higher of the rates applicable either at the time of making the payment or at the time of submission of Order Form along with acceptance of PriceBook User Agreement. User Charges once paid shall not be refunded unless otherwise provided in this PriceBook User Agreement.

4.2.

User Charges are exclusive of service tax or any other taxes, duties, cess and statutory levies as may be applicable in Republic of India, which shall be charged by eBay AG in addition to User Charges and be paid by You along with the payment of User Charges.

UNAUTHORIZED PAYMENTS

5.1

Without prejudice to the rights of eBay AG, eBay AG may demand the payment of and/ or recover the User Charges from the Authorized User, in the event the bank or financial institution, through which User Charges are paid by credit card, debit card or online bank transfer, raises a refund of or charges back the User Charges. eBay AG also reserves the right to terminate the right to access eBay Motors PriceBook and/or PriceBook User Agreement and to levy penalties including interest on the amounts so refunded by eBay AG. eBay AG also reserves the right to recover the said amount from the Authorized User in any legal manner, under civil or criminal law, and the Authorized User shall be liable for any costs thereof.

5.2.

Upon identifying or being notified by any person or by law enforcement agency that Authorized User has violated any law in making the payment of User Charges or using PriceBook Web Site and/or eBay Motors PriceBook, eBay AG may suspend such Authorized User’s right, notify law enforcement or any other authority including banks for appropriate action or act in any other way to cooperate with authorities or protect its interests.

INTELLECTUAL PROPERTY RIGHTS

6.1

eBay AG, its holding company and affiliates, as the case may be, owns or have the rights over all the intellectual property rights in PriceBook Facility, PriceBook Web Site, eBay Motors PriceBook including without limitation the trademark, trade name, logo, data, process, methodologies, look and feel, domain name, algorithms, software and applications. Except as expressly provided in PriceBook User Agreement, nothing contained herein shall be construed as conferring by eBay AG to User / You any license or right, by implication, estoppel or otherwise, under copyright or other intellectual property rights.

6.2.

You agree that copyrights, trademarks, patents, designs and other proprietary rights and laws of Republic of India and other countries of the world protect the PriceBook Web Site and/or eBay Motors PriceBook. Any rights not expressly granted herein are reserved.

6.3.

You are also cautioned against any conduct on Your part that infringes or purports to infringe the copyright or other proprietary rights or eBay AG or applicable laws. You shall not, under any circumstances whatsoever, use the printouts of the material available on PriceBook Web Site and/or eBay Motors PriceBook for any purpose that violates PriceBook User Agreement and the copyright or any other proprietary rights of eBay AG or any applicable laws. You shall not remove the copyright notices or other notices from the printouts of material taken from PriceBook Web Site and/or eBay Motors PriceBook.

LIMITATIONS ON USE

7.1.

PriceBook Facility is strictly for internal and personal use only and not for any direct or indirect commercial (whether for profit or otherwise) exploitation.

7.2.

You shall neither decompile, reverse engineer, disassemble, rent, lease, loan, sell, license, sub-license, or create derivative works from the PriceBook Web Site and/or eBay Motors PriceBook or PriceBook Facility nor shall You use any network monitoring or discovery software to determine the PriceBook Web Site and/or eBay Motors PriceBook architecture, or extract information about usage or Users.

7.3.

You shall not use any robot, spider, other automatic device, or manual process to monitor or copy PriceBook Web Site and/or eBay Motors PriceBook or PriceBook Facility without eBay AG’s prior written permission.

7.4.

You shall not alter, add, amend, copy, modify, reproduce, republish, distribute, display, or transmit for commercial, non-profit or public purposes all or any portion of PriceBook Facility and the PriceBook Web Site and/or eBay Motors PriceBook, except to the extent permitted in PriceBook User Agreement.

7.5.

You shall not use PriceBook Facility or PriceBook Web Site and/or eBay Motors PriceBook in violation of the laws and regulations of Republic of India and of such province, state, territories and countries having personal jurisdiction over You. Any unauthorized use of the PriceBook Web Site and/or eBay Motors PriceBook and/or PriceBook Facility is prohibited and illegal.

7.6.

PriceBook Facility shall not be stored or used in an archival database or other searchable database except as expressly permitted by this PriceBook User Agreement or agreed to by eBay AG in writing. You shall ensure that PriceBook Facility shall be kept secure and prevent any third party duplicating or otherwise reproducing in whole or in part of PriceBook Facility other than for the exercise of the rights granted by this PriceBook User Agreement.

7.7.

eBay AG has the right to prevent access (including but not limited to, the right to block access from a particular Internet address) to all or part of the PriceBook Web Site and/or eBay Motors PriceBook without notice, if the conduct of the Authorized User is in contravention with PriceBook User Agreement or the applicable laws.

TERMINATION

8.1.

Notwithstanding anything contained herein, either party shall be entitled forthwith to terminate this PriceBook User Agreement. In case of eBay AG terminating PriceBook User Agreement, it shall within 45 (forty-five) days of such termination repay on pro-rata basis the User Charges for the balance validity period. However, eBay AG shall not be liable to make any refunds in the event (a) Authorized User terminating PriceBook User Agreement or (b) eBay AG terminating / suspending PriceBook User Agreement due to Authorized User’s or persons acting under Authorized User violate or breach any one or more terms of PriceBook User Agreement.

8.2.

The warranties and indemnities, the provisions in relation to the payment of money due to eBay AG and the restrictions on the rights in relation to the use of PriceBook Web Site and/or eBay Motors PriceBook shall survive the termination or expiry of this PriceBook User Agreement.

8.3.

Upon termination, You must destroy all data /material / reports / contents obtained from PriceBook Web Site and/or eBay Motors PriceBook.

ERRORS, CORRECTIONS AND DISCLAIMER OF WARRANTY:

9.1.

eBay AG makes reasonable effort to ensure that PriceBook Facility is accurate but does not represent or warrant that PriceBook Facility will be correct, accurate, reliable, uninterrupted, or timely. eBay Motors PriceBook and/or PriceBook Web Site and/or PriceBook Facility is provided on ‘as is’ basis. eBay AG accepts no responsibility with respect to the eBay Motors PriceBook and/or PriceBook Web Site and/or PriceBook Facility and expressly disclaims to the maximum limit permissible by law, all warranties, express or implied, including but not limiting to implied warranties of merchantability, fitness for a particular purpose and non-infringement.

9.2.

eBay AG does not represent or warrant that the PriceBook Web Site and/or eBay Motors PriceBook and/or PriceBook Facility will be error free, free of viruses or other harmful components, or that the defects / deficiencies / errors will be corrected.

9.3.

You are responsible for implementing sufficient procedures and checkpoints to satisfy his particular requirements for accuracy of data, input and output and for maintaining a means, external to the PriceBook Web Site and/or eBay Motors PriceBook for the reconstruction of any lost data.

9.4.

You shall not post or transmit any material that is illegal or violate any laws of India or of any other country, state, province or territory and You shall not transmit any material that contains a virus or corrupted data.

9.5.

eBay AG reserves the right in its sole discretion and without any obligation, to make improvements and/or changes to its features, functionality or material, at any time.

9.6.

PriceBook Facility, PriceBook Web Site and eBay Motors PriceBook shall further be subject to the disclaimers, notices, rules, policies and conditions posted / displayed on or along with PriceBook Facility, PriceBook Web Site and eBay Motors PriceBook.

10.

ADVERTISEMENTS

10.1.

PriceBook Web Site may contain advertisements and sponsorships. Advertisers and sponsors are responsible for ensuring that material submitted for inclusion on hyperlinked from the PriceBook Web Site and/or eBay Motors PriceBook is accurate and complies with applicable laws and eBay AG shall not be liable or responsible for any loss or damaged caused to You by such advertisements and/or sponsorships.

10.2.

eBay AG will not be responsible for the illegality of, or any error or inaccuracy in advertisers or sponsors materials.

11.

PRIVACY

11.1.

Your information in Order Form and Your payment details if paid online on PriceBook Web Site is subject to eBay’s Privacy Policy.

12.

NOTICE

All notices and requests in connection with this Agreement will be deemed given as of the day they are (i) deposited in the mails, postage prepaid, certified or registered, return receipt requested; or (ii) sent by overnight courier, charges prepaid, with a confirming fax; and addressed to eBay Motors India Pvt Ltd, Helvetiastrasse 15/17, CH-3005, Bern, Switzerland, or to such other address as the party to receive the notice or request so designates by written notice to the other party.

13.

ENTIRE AGREEMENT AND SEVERABILITY OF PROVISIONS

13.1.

The PriceBook User Agreement incorporates by reference, any notices and disclaimers contained on the PriceBook Web Site and/or eBay Motors PriceBook, the eBay Privacy Policy, copyright notices, trademark declarations which together constitute the entire agreement with respect to access and use of the PriceBook Facility and/or PriceBook Web Site and/or eBay Motors PriceBook. If any provision of the terms of use is unlawful, void or unenforceable, then that provision shall be deemed severable from the remaining provisions and shall not affect the validity and enforceability of the remaining provisions.

14.

INDEMNIFICATION

14.1.

You are solely liable for any content, messages or other data that You transmit, provide or upload to the PriceBook Web Site and/or eBay Motors PriceBook. You agree and undertakes to indemnify eBay AG from any third party claim, action, demand, loss, or damages (including attorney’s fees and costs) arising out of or relating to Your violation of PriceBook User Agreement, Your use of the Web Site and/or eBay Motors PriceBook, or Your violation of any rights of a third party. You, as an Authorized User, agree that You shall indemnify for any acts or omission or negligence or violation on the part of the persons whom You, as an Authorized User, have distributed Sub User ID and Sub Passwords.

15.

GOVERNING LAW AND JURISDICTION

15.1

The PriceBook User Agreement is governed by and construed in accordance with the Indian laws and any action arising out of, or relating to these terms shall be subject to the exclusive jurisdiction of the appropriate Courts at Mumbai, India only and You hereby consent and submit to the personal jurisdiction of such courts for the purpose of litigating any such action.

16.

WAIVER

16.1.

The failure by either party to enforce at any time or for any period any one or more of the terms and conditions herein shall not be a waiver of them or of the right at any time subsequently to enforce all terms and conditions herein.

17.

EXCLUSION AND LIMITATION OF LIABILITY

17.1.

eBay AG shall not be liable in contract, tort or otherwise for any loss of whatsoever kind howsoever arising suffered in connection with the use of PriceBook Facility and/or PriceBook Web Site and/or eBay Motors PriceBook (whether or not caused by the negligence of eBay) including without limitation any direct or indirect loss of revenue, business, anticipated savings or profits, loss of goodwill or data or for any indirect or consequential loss.

17.2.

In no event shall eBay AG be liable for any claim(s) relating in any way to Your inability or failure to access PriceBook Facility pertaining to the costs, comparison rates, specifications etc. of the new and used cars or other motor vehicles in the specified territory, even if assisted by eBay AG or any decision made or action taken by You by placing reliance on PriceBook Facility and/or PriceBook Web Site and/or eBay Motors PriceBook.

17.3.

Your exclusive remedy and eBay AG’s entire liability, if any, under this PriceBook User Agreement for any claim[s] for damages relating to PriceBook Facility and/or PriceBook Web Site and/or eBay Motors PriceBook made against eBay AG whether based in contract or negligence shall be limited to the aggregate amount of the latest User Charges paid by You.

18.

LINK TO OTHER WEBSITES AND LINKING DISCLAIMER

18.1.

Third party content or advertisements may appear on the PriceBook Web Site and/or eBay Motors PriceBook or may be accessible via links from the same. eBay AG shall not be responsible for and assumes no liability for any mistakes, misstatements of law, defamation, slander, libel, omissions, falsehood, obscenity, pornography or profanity in the statements, opinions, representations or any other form of content contained in any third party content or advertisements appearing on the PriceBook Web Site and/or eBay Motors PriceBook. eBay AG has no control or authority either over the content or presentations thereof, which solely represent the thoughts of the author and is neither endorsed by, nor does it reflect the belief of eBay AG

18.2.

Any claim either in contract, tort or otherwise relating to damages, loss, injury or determined caused by, or on account of reliance on such content or advertisement, is wholly disclaimed by eBay AG.

19.

FORCE MAJEURE

19.1.

eBay AG’s performance under this PriceBook User Agreement is subject to interruption and delay due to causes beyond its reasonable control such as acts of God, acts of any Government, war or other hostility, civil disorder, the elements, fire, explosion, power failure, failure of the Internet and other networks beyond the reasonable control of eBay AG, equipment failure, industrial or labour dispute, inability to obtain essential supplies and the like.