TERMS & CONDITIONS

These eBay Pro-Trader Plus T&Cs apply to the Pro-Trader Plus support programme by eBay (“Programme”) on eBay.co.uk (“Site”), whereby the seller (“You” and “Your”) will gain access to exclusive offers and specialist eBay services to help their eBay business through a paid subscription service. 

For the purposes of these Pro-Trader Plus T&Cs, “eBay” means eBay (UK) Limited and eBay group companies. 

These Pro-Trader Plus T&Cs will be effective as of the date of Your acceptance into the Programme (“Effective Date”). 

1. Programme Eligibility 

The Programme is open to business sellers who: 

i. are registered on the Site;  

ii. meet the Programme Criteria; and 

iii. opt-in and are accepted into the Programme. 

2. Procedure 

a. To apply to the Programme, You must sign up to the Programme via the registration page or directly via the Seller Portal  (as applicable) and accept the terms outlined below. By accepting, You agree to comply with these Pro-Trader Plus T&Cs, and eBay’s User Agreement, User Privacy Notice and Policies (collectively, "eBay Policies"). 

b. You will be notified by eBay within 3 working days from the date You submit Your registration if You have been accepted into the Programme. eBay will notify You via email to the email address You have in Your eBay account or the registration page (as applicable). For the avoidance of doubt, You will only be able to participate in the Programme if You have been accepted. eBay reserves the right to review and decline Your application under these terms.  

c. By joining the Programme, You agree to commit to the Programme for a minimum of 3 months starting from the 1st day of the next calendar month following Your acceptance (the “Initial Term”). For example, if you are accepted on the 27th July, your first day of participation will be on the 1st August.

3. Benefits  

a. The Programme entitles You to benefits (“Benefits”): 

*Please note that any onsite placements are subject to availability and shall be offered at eBay’s sole discretion based on Your inventory on eBay.   

b.  The Benefits cannot be transferred or withdrawn for cash. Any Benefits that are not availed by You shall be forfeited.

4. Programme Criteria and Your Obligations 

a. You must have: 

i. at least Above Standard status (as defined in the Seller standards policy)  and maintain it at all times during your participation in the Programme; and 

ii. achieved a reasonable Gross Merchandise Value (“GMV”)*, as determined by eBay,  within the calendar year or the 12 month period before the date You submitted Your request for participation, or in the case of new sellers that have not been selling on eBay for a calendar year or a 12 month period, based on eBay’s forecast of Your GMV over one calendar year, or a 12 month period. 

*GMV is the total value of all paid transactions between users on the Site during the applicable period inclusive of shipping fees and taxes. 

(Together the “Programme Criteria”)

b. You agree to carry out the following obligations during Your participation in the Programme: 

i. You shall work together with eBay to define goals and outcome for Your participation in the Programme; 

ii. You shall work with eBay to agree on an operational process, milestones and timelines to meet Your defined goals and outcome; and 

iii. You shall commit to regular meetings and/or calls with eBay to review Your progress and account growth. 

5. Programme Fee 

a. To participate in the Programme, You will pay all applicable fees (“Programme Fee”) as may be updated from time to time. The Programme Fee is made up of a fixed fee as per below table. 

b. eBay will provide You with 30 days written notice if it makes changes to the Programme Fee. 

c. The Programme Fee is exclusive of VAT. The Programme is for business sellers only.

6. Billing and Payment 

a. eBay will charge You the Programme Fee on the first day of each month.  

b. If You submit Your request to join the Programme after the first day of any month, subject to Your request being successful, You will join the Programme on the first day of the following month after Your acceptance. This is when You will be charged the initial Programme Fee.  

c. The Programme Fee will be retained from your current or future payouts. If your payouts are insufficient, eBay will charge your payment method on file (debit or credit card, and/or linked bank account), or otherwise collect the Programme Fee from you as set forth in the Payments Terms of Use. Your Programme Fee may be aggregated with other charges. We will generate a statement of fees, refunds, credits, and other transactions associated with your selling activity through the Programme each month (the “Financing Statement”). You may view the Financing Statement on the Seller Hub. 

d. You shall be responsible for your own taxes and expenses. 

7. Termination & Renewal  

a. On the first day of each month, your Programme subscription will automatically renew for another month, and for each month thereafter, unless you cancel it in accordance with section 7(d).  

b. eBay can terminate Your participation to the Programme at any time upon at least thirty (30) days prior written notice to You. 

c. eBay may terminate Your participation in the Programme immediately by notice in writing in the event of any of the following: 

i. any violation of the Pro-Trader Plus T&Cs; 

ii. You are acting in a way which contravenes the spirit and intention of the Pro-Trader Plus T&Cs; 

iii. You fall below Above Standard status; 

iv. any violation of eBay’s Policies; and 

v. eBay terminates the Programme. 

d. You may terminate Your participation to the Programme at any point after the Initial Term with 30 days’ notice to eBay. You must notify eBay by cancelling Your subscription in the Seller Portal.  Following Your subscription cancellation in the Seller Portal, You will receive an email with Your subscription’s end date, which will be 30 days from the date of such cancellation. eBay will email You to the email address You have in Your eBay account or the registration page (as applicable).  

e. In the event that You terminate Your participation to the Programme, the Programme Fee paid for the month in which You submit Your termination notice to eBay will not be refunded.  

f. Sections 7 (Termination), 8 (Representations and Warranties), 9 (Confidentiality), 10 (Limitation of Liability), 11 (Indemnity) and 12 (General) will survive the expiration or termination of the Pro-Trader Plus T&Cs. 

8. Representations and Warranties 

You represent and warrant to eBay that: 

i. You are duly organised and validly existing under the laws of the jurisdiction in which You are organised; 

ii. You have full power and authority to enter into and perform Your obligations under the Pro-Trader Plus T&Cs; 

iii. Your activities in connection with the Programme comply with these Pro-Trader Plus T&Cs, all eBay’s Policies, and all applicable laws; and 

iv. Your activities in connection with the Programme will not (A) infringe any third party intellectual property rights, (B) constitute a misrepresentation, (C) cause injury to or invade the privacy of any third party, (D) constitute a misuse of any Confidential Information of a third party, or (E) be defamatory, abusive or offensive. 

9. Confidentiality 

a. “Confidential Information” means all information (whether in written, electronic or oral form) disclosed or made accessible by one party (the “Disclosing Party”) to the other party (the “Receiving Party”), or its officers, directors, employees, consultants, contractors, subcontractors, agents, advisors and other representatives of such party (“Representatives”) under the Pro-Trader Plus T&Cs and for purposes of the Programme that is not generally known to the public and that is designated as confidential or otherwise should reasonably be understood as confidential given the nature and circumstances of its disclosure. Confidential Information shall not include: (a) information that is or becomes publicly available through no act or omission of the Receiving Party; (b) information rightfully disclosed to the Receiving Party by a third party not bound by any confidentiality obligation with respect to such information; (c) information developed by the Receiving Party independent of any of the Disclosing Party’s Confidential Information; or (d) information that is rightfully in the possession of the Receiving Party and not subject to any duty of confidentiality as of the Effective Date. 

b. The Receiving Party may use the Confidential Information solely for purposes of the Programme. No other use will be made of the Confidential Information by the Receiving Party or its Representatives, it being recognised that the Disclosing Party has reserved all rights to the Confidential Information not expressly granted herein. The Receiving Party shall, and shall cause its Representatives to, protect the Confidential Information by using the same degree of care, but no less than a reasonable degree of care, to prevent the unauthorised disclosure of such Confidential Information as the Receiving Party uses to protect its own confidential information of a like nature. 

c. The Receiving Party shall not, and shall cause its Representatives not to, directly or indirectly disclose, copy, distribute, republish or allow any third party to have access to any Confidential Information without the prior written consent of the Disclosing Party.

d. You shall not make any public statement or press release regarding the Pro-Trader Plus T&Cs and the Programme or any aspect thereof without the prior written approval of eBay. 

10. Limitation of Liability 

a. eBay assumes no responsibility or liability for Your performance throughout Your participation in the Programme and where applicable, is only providing business support for Your eBay account on the Site. eBay is no way offering a business consultancy service to You. 

b. Nothing in these terms shall limit either party’s liability for death or personal injury resulting from negligence or fraud. 

c. eBay does not guarantee that the Programme will continue to run indefinitely and in no way guarantees that each participant of the Programme will be eligible or allowed to continue in the Programme. 

d. eBay makes no representations or warranties of any kind regarding any product or service provided by any third party in connection with the Programme. 

e. Subject to section 10(b), eBay shall not be liable, in contract or tort (including negligence) or the breach of statutory duty or in any other way, for the loss or damage howsoever arising suffered by You resulting directly or indirectly from entry to or participation in the Programme. 

f. Subject to section 10(b), eBay will not be responsible for any third party's performance or failure to perform any services related to the Programme, or for any costs, damages, accident, delay, injury, loss, expense, or inconvenience that may arise in connection with the use of the Programme. 

g. eBay does not accept, and is not responsible for, any lost or delayed acceptance to the Programme. eBay reminds entrants of the nature and limitations of the Internet and is not responsible for any problems or technical malfunctions of any communications network, online system or computer hardware or software that may affect acceptance to the Programme. 

h. eBay will use reasonable efforts to ensure that all information relating to the Programme ("Programme Material") is accurate, however eBay is not responsible for any problems or technical malfunctions of any communications network, online system or computer hardware or software failure that may affect eBay's operation of the Programme or the Site, including without limitation the accuracy of any Programme Material. 

11. Indemnity 

You shall indemnify and hold harmless eBay and their respective directors, officers, employees, sublicensees, agents, attorneys, customers, successors or assigns (“Indemnified Parties”) against and from any and all claims, liabilities, damages, costs, expenses, suits, actions, government procedures, taxes, penalties or interest (“Claim”), and shall pay all related damages, settlements and associated legal expenses, including reasonable attorneys’ fees that may be imposed on, incurred by or asserted against any Indemnified Party resulting from, arising out of, or relating to: 

i. Your breach of Section 8 (Representations and Warranties) of the Pro-Trader Plus T&Cs; 

ii. any violation of applicable law by You; and 

iii. any negligence, wilful misconduct, errors or omissions by You. 

12. General 

a. Your participation and access to the Programme, including any Benefits, is linked to Your eBay account used to sign up to the Programme and is not transferable. 

b. Nothing in these Pro-Trader Plus T&Cs is intended to limit the rights and remedies of eBay under the eBay Policies. In the case of conflict between the explicit terms of these Pro-Trader Plus T&Cs and the eBay Policies, the terms of these Pro-Trader Plus T&Cs will prevail to the extent of the conflict. 

c. Any attempt to manipulate the Programme is prohibited and may result in exclusion from participation. 

d. The Programme is only open to approved sellers. Any users who attempt to circumvent this will be removed from the Programme and may face additional action in accordance with the User Agreement. 

e. eBay reserves the right to suspend, change or cancel the Programme at any time, in the event of circumstances arising which, in eBay's opinion, make it necessary for it to do so. In such circumstances, eBay will provide You with 30 days prior written notice. Further, eBay reserves the right to amend the Pro-Trader Plus T&Cs at any time. If You continue to access the Programme after the Pro-Trader Plus T&Cs have been amended, Your access will represent Your acceptance of the amended terms. 

f. eBay reserves the right to verify your eligibility for this Programme. 

g. eBay may use third parties to facilitate one or more elements of the Programme. These third party service providers are subject to confidentiality agreements with us and other legal restrictions that prohibit the use of the information we provide them for any other purpose except to facilitate the specific outsourced eBay related operation. See the Privacy Policy for further information. 

h. The decision of eBay regarding any aspect of the Programme is final. 

i. The Pro-Trader Plus T&Cs are governed by the laws of England and Wales. Each party irrevocably agrees to the exclusive jurisdiction of the English courts over any claim or matter arising under the Pro-Trader Plus T&Cs. 

j. Unless the context otherwise requires, words in the singular in the Pro-Trader Plus T&Cs shall include the plural and, in the plural, include the singular. 

13. Programme organiser 

The Programme is organised by eBay (UK) Limited, 1 More London Place, London, SE1 2AF, United Kingdom, for eBay.co.uk, who may carry out the Programme through eBay group companies.