The eBay Plus Beta Test Terms and Conditions (Updated March 25, 2010)

1. Eligible Participants. An Eligible Participant means an eBay user who has been invited to participate in the eBay Plus Rewards Programme by eBay Europe S.à.r.l. and continues to meet the following criteria:

1. Is a registered member of www.ebay.co.uk and is a U.K. resident, 18 years of age or older with an eBay account in good standing (no hold or suspension);
2. Has a valid PayPal account or successfully signed up for a PayPal account within the eBay checkout flow and such account is in good standing (no hold, suspension, or past due amount);
3. Was the intended recipient of a communication from eBay inviting participation in the eBay Plus Rewards Programme; and
4. Accepts these Terms and Conditions and has not opted out of the eBay Plus Programme by going to the following URL http://my.ebay.co.uk/ws/eBayISAPI.dll?MyEbayBeta&CurrentPage=Rewards&ssPageName=STRK:ME:LNLK:MERWX

2. Qualifying Spend. Qualifying Spend means payment made for items purchased by Eligible Participants that meet the following criteria:

1. They were purchased on www.ebay.co.uk excluding the following categories:
1. All categories in Cars, Motorcycles and Vehicles,
2. Classifieds,
3. Home & Garden > Residential Property,
4. Business, Office & Industrial > Agriculture > Tractors, and
5. Business, Office & Industrial > Restaurant & Catering > Catering Trailers
2. Paid for using the Eligible Participant's PayPal account during the Programme Period.
3. Purchased through eBay checkout or a participating third party checkout. (Note that spend through some third party checkouts may not be counted as Qualifying Spend.)
4. Excludes charges for postage & packing, discounts, partial refunds, free items, items that fail to comply with applicable eBay policies, past purchases, and non-shipped, undeliverable or returned items.

3. Reward Points. Reward Points earned will be recorded against the Eligible Participant's eBay account in accordance with the following provisions:

1. Subject to the limits set out below, the Reward Points awarded against an account for each Quarter are calculated as a percentage of pounds sterling Qualifying Spend during that Quarter using that account (percentage as defined on the eBay Plus Rewards Centre in My eBay).
2. Up to £10,000 of any one item's purchase price (excluding charges for postage & packing) counts towards the total Qualifying Spend used to calculate the Reward Points amount.
3. Any Qualifying Spend in excess of £20,000 during a Quarter is disregarded and does not count towards Reward Points.
4. At its discretion, eBay may from time to time make available additional ways to earn Reward Points.
5. eBay Plus is intended to reward bona fide transactions. Transactions whose dominant purpose is to generate Reward Points are not eligible for Reward Points. More generally, eBay reserves the right to review certain transactions, which it considers to be potentially suspicious or in breach of these Terms and Conditions or eBay or PayPal policies. This may result in Reward Points being held for up to three weeks or credited in a later cycle. If eBay, acting in good faith, considers the transaction to be suspicious or in breach of these Terms and Conditions or eBay or PayPal policies the Reward Points may not be credited at all.
6. Your Reward Points figure on eBay.co.uk and in other marketing communications may not always be updated immediately following eligible transactions, as the rewards system does not operate in “real” time. This means some transactions entered into at the end of a Quarter may earn Reward Points for the following Quarter.
7. If a purchase is returned, the Reward Points earned for it will be deducted. If the return occurs after the end of the Quarter in which the original purchase took place, this may lead to a negative Reward Points balance. Any negative balance will be carried forward from Quarter to Quarter until cleared.

4. Reward Vouchers. Reward Points may be used to fund a voucher issued by PayPal (the "Reward Voucher") (or in eBay's sole discretion, cash) in accordance with the following provisions:

1. Reward Vouchers will be issued on the basis of £1 (One Pound Sterling) of Reward Voucher for every 100 Reward Points. Reward Points earned during a Quarter will be converted into a Rewards Voucher following the end of that Quarter.
2. To receive and redeem Reward Points and Reward Vouchers, an Eligible Participant may not change the email address associated with his/her eBay account during the Programme Period.
3. Reward Vouchers will be issued approximately 2-9 days after the end of each Quarter. Notification will be sent by email unless you have opted out of this. Either way, you will be able to access your Reward Vouchers in your My eBay.
Reward Vouchers are valid and redeemable only for 30 days from the date of the Reward Voucher (the “Redemption Period”). Unless otherwise indicated, the Redemption Period begins at 00:00:01 on the date specified and ends at 23:59:59 on the 30th day following.

5. Reward Redemption. An Eligible Participant may only redeem Reward Vouchers in accordance with the following provisions:

1. Reward Vouchers may be redeemed on any qualifying item on eBay that offers PayPal as a payment method.
2. To use a Reward Voucher, the Eligible Participant must pay for an item through eBay checkout using his/her PayPal account before the expiration of the Reward Voucher. (Reward Vouchers may also be redeemed in this way through some third party checkouts, but may not be recognised by others. Please check in advance before trying to use your Reward Voucher at a third party checkout.) You must have a PayPal account in good standing and comply with the terms of the PayPal User Agreement to use your Reward Vouchers.
3. A Reward Voucher can be used against the total purchase price (which is equal to the sum of item prices, charges for postage & packing as well as possible costs for taxes and insurance) of one or more single transactions using a single method of postage and single currency per transaction until the full depletion of the Reward Voucher value.
4. Neither Reward Points nor Rewards Vouchers are transferable or have a face value.
5. Reward Vouchers cannot be used retroactively for prior purchases.
6. If an Eligible Participant opts out of the eBay Plus rewards programme during a Quarter, all the Reward Points they have earned will be permanently lost and no Rewards Vouchers will be issued.
7. Reward Points cannot be redeemed for cash but eBay reserves the right to give cash in place of Reward Vouchers in its sole discretion.
8. Where an Eligible Participant uses a Reward Voucher towards the purchase of an item that is later refunded under eBay Buyer Protection or PayPal Buyer Protection, and the element paid using a Reward Voucher is not refunded, eBay will issue a new Reward Voucher.

6. Amendments and Termination

1. Without prejudice to any other rights, eBay may terminate the Programme Period at the end of any Quarter. In the event of any termination under this clause, eBay will publish its intention to terminate on your My eBay page and by email at least 7 days in advance. Any Reward Vouchers earned in the final Quarter will be issued and redeemable in the usual way.
2. eBay may amend these Terms and Conditions and any other aspects of the eBay Plus rewards programme (including without limitation the basis on which Reward Points are earned) at any time by email, via “My Messages” or by posting the amended terms on this site at least 7 days before they are due to take effect. Except as stated elsewhere, all amended terms shall automatically be effective from the start of the next Quarter. eBay will notify you by email of any changes that eBay reasonably considers would put you in a significantly worse position.

7. Other Terms and Conditions.

1. Restrictions. The eBay Plus rewards programme is void where prohibited and subject to the laws and jurisdiction of England and Wales. Notwithstanding any other provision of these Terms and Conditions, eBay reserves the right to suspend, change or cancel the eBay Plus rewards programme at any time with or without prior notice (and if eBay so chooses with immediate effect), in the event of circumstances arising which, in eBay's good faith opinion, make it necessary for it to do so. The decision of eBay regarding any aspect of the eBay Plus rewards programme is final and no correspondence will be entered into.
2. 7.2 Combination with Other Programmes. Reward Vouchers issued through the eBay Plus rewards programme can be combined with other eBay vouchers in one purchase. Reward Vouchers may be combined with Gift Certificates and Gift Cards.
3. Limitation of Liability. NOTHING IN THESE TERMS AND CONDITIONS SHALL LIMIT OR EXCLUDE EBAY OR PAYPAL’S LIABILITY FOR FRAUDULENT MISREPRESENTATION, FOR DEATH OR PERSONAL INJURY RESULTING FROM THEIR NEGLIGENCE OR THE NEGLIGENCE OF THEIR AGENTS OR EMPLOYEES OR FOR ANY OTHER LIABILITY THAT CANNOT BE LIMITED OR EXCLUDED BY LAW. SUBJECT TO THAT, EBAY AND PAYPAL SHALL NOT BE LIABLE FOR ANY CLAIMS, ACTIONS, INJURY, LOSS OR DAMAGE OF ANY KIND, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY OR DEATH, RESULTING FROM THE PROGRAMME. THIS LIMITATION OF LIABILITY IS A COMPREHENSIVE LIMITATION OF LIABILITY THAT APPLIES TO ALL DAMAGES OF ANY KIND, INCLUDING (WITHOUT LIMITATION) COMPENSATORY, DIRECT, INDIRECT, OR CONSEQUENTIAL DAMAGES; LOSS OF DATA, INCOME, OR PROFIT; LOSS OR DAMAGE TO PROPERTY; AND CLAIMS OF THIRD PARTIES. RECIPIENTS OF THE PROGRAMME AGREE THAT EBAY AND PAYPAL HAVE NOT MADE NOR ARE IN ANY MANNER RESPONSIBLE OR LIABLE FOR ANY WARRANTY, REPRESENTATION, OR GUARANTEE, STATUTORY, EXPRESS OR IMPLIED (INCLUDING BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, TITLE, AND FITNESS FOR A PARTICULAR PURPOSE), IN FACT OR IN LAW, RELATIVE TO THE PROGRAMME. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, EBAY AND PAYPAL DO NOT MAKE ANY EXPRESS OR IMPLIED WARRANTIES OR REPRESENTATIONS WITH RESPECT TO WWW.EBAY.CO.UK OR WWW.PAYPAL.COM AND EBAY AND PAYPAL SHALL NOT BE LIABLE FOR THE CONSEQUENCES OF ANY INTERRUPTIONS OR ERRORS RELATED THERETO. THESE TERMS GIVE YOU SPECIFIC LEGAL RIGHTS. eBay and PayPal are not responsible for printing or typographical errors in any eBay Plus rewards programme related materials; for stolen, lost, late, misdirected items; or for transactions and/or emails that are lost, misdirected, fail to enter into the processing system, or are processed, reported, or transmitted late or incorrectly or are lost for any reason including computer, telephone, paper transfer, human or other error; or for electronic, computer, or telephonic malfunction or error, including inability to access any web site associated with the eBay Plus rewards programme, or process any transaction thereon.
4. Participant Behaviour. If in eBay's opinion, there is any suspected or actual evidence of electronic or non-electronic tampering with any portion of the eBay Plus rewards programme, or if computer virus, bugs, unauthorized intervention, fraud, or technical difficulties or failures compromise or corrupt or affect the administration, integrity, security, fairness, or proper conduct of the eBay Plus rewards programme, eBay reserves the right at its sole discretion (to be exercised in good faith) to disqualify any individual connected therewith, withhold or cancel any Reward Points and/or Reward Vouchers the individual has earned, to modify or suspend the eBay Plus rewards programme, or to terminate the eBay Plus rewards programme. In all matters relating to the interpretation and application of any rule or phase of the eBay Plus rewards programme, the decision of eBay shall be final. Any attempt by an Eligible Participant or any other individual to deliberately damage any web site or undermine the legitimate operation of the eBay Plus rewards programme is a violation of criminal and civil laws and should such an attempt be made, eBay reserves the right to revoke any Reward Points and/or Reward Vouchers and seek damages and other remedies from any such person to the fullest extent permitted by law. Any attempts by an individual to access any web site associated with the eBay Plus rewards programme via a bot script or other brute force attack or any other unauthorized means will result in the IP address becoming ineligible. Use of automated devices or programmes to redeem the eBay Plus rewards programme is prohibited. If in eBay’s good faith opinion an individual participating in the eBay Plus rewards programme is in breach of these terms and conditions or the polices of either or both of eBay and PayPal, eBay reserves the right in its sole discretion to disqualify the individual and revoke any Reward Points and/or Reward Vouchers which the individual may have accumulated, and seek damages and other remedies from any such person to the fullest extent permitted by law.
5. Governing Law. The eBay Plus rewards programme Terms and Conditions will be interpreted, construed and enforced, in accordance with the laws of England and Wales. These terms will be governed by and construed in accordance with the laws of England and Wales. All parties agree to submit to the exclusive jurisdiction of the English Courts. If for any reason a court finds any provision or portion of these terms to be unenforceable, the remainder of these terms will continue remain unaffected.
6. Programme Organiser. eBay Europe S.à.r.l. is the organiser of the programme and may carry out this organisation through its local subsidiaries or Group Companies.
7. Previous Trial Participants. With effect from the start of the Programme Period the previous trial programme for eBay Plus is terminated. However Reward Vouchers earned in Redeem Period 3 of the trial programme will still be issued and may be redeemed in accordance with the trial period terms. Further, any negative user account balances from the trial programme will be carried forward against the relevant participants' accounts for the eBay Plus Beta Test, and clause 3.7 above will apply in the event any purchases covered by the trial programme are returned during the Beta Test Programme Period.