Effective March 29, 2026, for sellers who accept these Payments Terms of Use during new seller registration or otherwise on or after that date; effective April 28, 2026, for all other sellers. The previous version of these Payments Terms of Use can be accessed by clicking here . These Payments Terms of Use (“ Payments Terms of Use ”) explain how the eBay Payment Entities offer you Payment Services (as defined below in Part I, Section 1) in connection with your use of the eBay Services. Your use of the eBay Services will continue to be governed by the User Agreement applicable to you. Capitalized terms not defined in these Payments Terms of Use have the same meaning given in the User Agreement . If there’s a conflict between these Terms and any other agreement (like your User Agreement or billing agreement) about using eBay without Managed Payments, these Terms will govern for Payment Services. For Payment Services, these Payments Terms of Use override any conflicting terms elsewhere. You agree to comply with these Payments Terms of Use when accessing or using our Payment Services. These Payments Terms of Use are between you and the applicable eBay Payment Entities, as explained below. If you have international sales, you may receive Payment Services from one or more eBay Payment Entities, as described in Part I, Section 4 below. In addition to the General Payments Terms (Part I of these Payments Terms of Use), each eBay Payment Entity has Additional Payments Terms (Parts II, III, IV, V, and VI of these Payments Terms of Use) that apply to the Payment Services such entity provides. eBay Inc. and the companies it directly or indirectly controls, is controlled by, or is under common control with, are referred to as our “ Affiliates ”. The eBay Payment Entities are Affiliates of eBay Inc. eBay Commerce Inc. (“eCI”) 2065 Hamilton Avenue San Jose, CA 95125, United States Part II (“Additional Terms for Services Provided by eCI”) of these Payments Terms of Use contains an Agreement to Arbitrate which will, with limited exception, require you to submit claims you have against us or our agents to binding and final arbitration, unless you opt out of the Agreement to Arbitrate (see Part II, Section 4 (“Legal Disputes”), Subsection 4.2 (“Agreement to Arbitrate”)). If you do not opt out: (1) you will only be permitted to pursue claims against us or our agents on an individual basis, not as a plaintiff or class member in any class or representative action or proceeding and (2) you will only be permitted to seek relief (including monetary, injunctive, and declaratory relief) on an individual basis. English: https://www.ebay.com/ help/home Chinese: https://www.ebay.com.hk/ help/home eBay S.à r.l. (“eBay Sarl”) 22-24, Boulevard Royal L-2449 Luxembourg RCS registration number: B164557 VAT-ID LU26188648 eBay Sarl is authorized in Luxembourg as a payments institution and subject to the supervision of the Commission de Surveillance du Secteur Financier (CSSF), 283 route d’Arlon, 1150 Luxembourg, (license no. 33/19). You can check eBay Sarl’s registration details by visiting the CSSF’s website at http://www.cssf.lu/en/ . Germany: https://www.ebay.de/ help/home France: https://www.ebay.fr/ help/home Italy: https://www.ebay.it/ help/home Spain: https://www.ebay.es/ help/home Austria: https://www.ebay.at/ help/home Ireland: https://www.ebay.ie/ help/home Switzerland: https://www.ebay.ch/ help/home Belgium (French): https://www.befr.ebay.be/ help/home Belgium (Dutch): https://www.benl.ebay.be/ help/home Netherlands: https://www.ebay.nl/ help/home Poland: https://www.ebay.pl/ help/home eBay Commerce Canada Ltd. (“eCCA”) 44 Chipman Hill Suite 1000 Saint John NB E2L 2A9, Canada English: https://www.ebay.ca/ help/home French: https://www.cafr.ebay.ca/ help/home eBay Commerce Australia Pty Ltd (“eCA”) Level 18 1 York Street Sydney NSW 2000 Australia eCA is registered as a remittance service provider with, and is subject to the supervision of, the Australian Transaction Reports and Analysis Centre (“AUSTRAC”), PO Box K534 Haymarket NSW 1240. You can check eCA’s registration by visiting AUSTRAC’s website at https://online.austrac.gov.au/ ao/public/ rsregister.seam . https://www.ebay.com.au/ help/home eBay Commerce UK Ltd (“eCUK”) 1 More London Place, London, SE1 2AF, United Kingdom eCUK is authorized in the UK as an electronic money institution and regulated by the Financial Conduct Authority (“ FCA ”), with firm reference number 1028611. You can check eCUK's registration details by visiting the FCA's website https://register.fca.org.uk . https:// www.ebay.co.uk/ help/ home I. GENERAL PAYMENTS TERMS This Part I applies to all Payment Services you receive from the eBay Payment Entities (also collectively referred to as "we" or "us" in this Part). 1. About Payments on the eBay Services You agree that we can receive and process payments for you in connection with your use of the eBay Services. We manage the settlement and payouts of your funds to you (“ Managed Payments ” or “ Payment Services ”). Buyers can use the following payment methods (availability may vary): Certain credit and debit cards (including Visa, Mastercard, and Discover) PayPal and Venmo (Venmo for buyers located in the US only) Digital wallets like Google Pay and Apple Pay "Buy Now, Pay Later" and installment options eBay-issued coupons or gift cards (if eligible) Funds available on a seller account if enabled for item purchases on eBay (see eBay’s US Spendable Funds Terms and Conditions ) We may change available payment methods at our discretion. The contract for each "item" (which may refer to goods and/or services) sold is between you and the buyer directly. Once a buyer completes payment, we’ll notify you. When you receive notice that a buyer paid, you must ship or deliver the item using the agreed shipping method . We will initiate the settlement of the proceeds to your Linked Financial Account (see Section 2 below). You can view payment and settlement details in the Seller Hub under the Payments tab. If you receive funds in error or aren’t entitled to them, we may recover those amounts from you. In some listings or categories, eBay may allow you to offer buyers the option to pay you directly using offline methods (like cash on pickup). These offline payment methods are not payment services offered by us under these Payments Terms of Use, as we do not process these payments. They are not covered by eBay Money Back Guarantee (eMBG) programs and we do not help resolve payment disputes (e.g., chargebacks) for these methods. Make sure all your listings still follow eBay's payment policies and any applicable terms related to payments and disbursements for those listings. 2. Seller Onboarding To use our Payment Services, you must register and accept these Payments Terms of Use. If you reside in, or your business is established in, the EEA, the United Kingdom, or Switzerland, submitting your online registration is considered your offer to enter into this agreement. If we don’t confirm your onboarding immediately, we’ll notify you once we’ve completed our review and approved you. To use Managed Payments, you must: 1. Link a Financial Account You must link a financial account (" Linked Financial Account ") to receive payouts. The name on your Linked Financial Account must match the name on your eBay account. Requirements vary depending on where you reside/your business is established: US, Canada, UK, or Australia: A bank account based in your country of residence or establishment, or other approved instrument (e.g., debit card) EEA (excluding Iceland): A bank account based in any EEA country (except Iceland) Switzerland or Liechtenstein: A bank account based in Switzerland or Liechtenstein Additional Countries: We may require a specific third-party financial institution, or offer the option to use a local bank account. If we cannot debit your Linked Financial Account for Owed Amounts (as defined in Section 8), you must keep another valid payment method on file with us, and we may withhold payouts until you have successfully provided it. You may only receive payouts to your Linked Financial Account. You may change your Linked Financial Account at any time, subject to our approval. Payouts will be made to your Linked Financial Account once you have completed the Linked Financial Account verification process and we’ve finished checks for security, risk, anti-money laundering, and other legal assessments. Collecting and checking this information helps fight the funding of terrorism and money laundering activities. The assessment typically takes up to two (2) business days after your completion of the verification process, or longer if any issues or irregularities arise in which case we will complete our assessment without undue delay. If we offer you the option to receive payouts to more than one Linked Financial Account, we’ll allocate your payouts as instructed. By linking an account, you represent and warrant that you legally own and have the legal right to use it. In certain circumstances, we may permit you to direct payouts to a Linked Financial Account owned or controlled by your legal representative. If you use a legal representative’s account, you confirm they’re authorized to receive payouts for you and you fully release us from any and all liability for losses you may sustain from disbursements made by us to your legal representative under these Payments Terms of Use. 2. Provide Required Information You must give us all information we request to: Verify your identity Comply with laws (e.g., anti-money laundering, sanctions) Assess fraud and risk If you are an individual, this information may include, but is not limited to, your full name, address, phone number, date of birth, taxpayer identification number, bank account information, and a form of government-issued identification (such as your driver’s license or your identity card). If you are a business, this information may include, without limitation, your full business name, residential or business address, phone number, entity type, bank account information, tax identification number, and business number, in addition to details regarding your beneficial owner(s), director(s), officer(s), authorized representative, legal representative, and/or primary contact, such as name, contact information, nationality, title, and government-issued identification (such as driver’s license or identity card). We cannot issue payouts or tax forms (like IRS Form 1099-K) without accurate, complete, and up-to-date information. 3. Confirm Your Identity You must provide any and all additional information we need to verify your identity or payment requests (e.g., confirm a phone number or email). You understand that without this, we may be unable to complete certain transactions. 4. Keep Your Information Updated You must keep your information accurate and current. We may update records based on data from you, your bank, or payment providers. You may only use payment methods you’re authorized to use. Changing key details, such as your country of residence, may require repeating some or all of the onboarding steps. 5. Follow Applicable Laws and Policies You must comply with all laws, rules, and third-party terms (e.g., card-issuer rules). Third parties (e.g., banks or card networks) may have terms that apply to your transactions. These could include terms and conditions related to the settlement of funds, chargebacks, prohibited items, and overdrafts. Breaches may result in fees, delays, or other actions. We are not responsible for those third-party terms or consequences. Failure to abide by third-party terms and conditions may result in fees charged to you, delays in your receipt of funds, or other actions. You agree that we have no control over, responsibility for, or liability for such fees, delays, or actions. 6. Allow Verification You authorize us and our Affiliates to verify and evaluate the information you provide. This may include: Confirming your bank account and identity Obtaining third-party reports (e.g., credit bureaus) Cross-checking with other data sources Third parties may include without limitation banks, credit and consumer reporting agencies, data brokers, and service providers. If we cannot verify your information, we reserve the right to close, suspend, or limit your account, rescind your access to any or all of our services, and limit access to your funds. We are not responsible for losses you suffer due to missing or inaccurate data you provide. 3. Confirm Your Identity You must provide any and all additional information we need to verify your identity or payment requests (e.g., confirm a phone number or email). You understand that without this, we may be unable to complete certain transactions. 4. Keep Your Information Updated You must keep your information accurate and current. We may update records based on data from you, your bank, or payment providers. You may only use payment methods you’re authorized to use. Changing key details, such as your country of residence, may require repeating some or all of the onboarding steps. 5. Follow Applicable Laws and Policies You must comply with all laws, rules, and third-party terms (e.g., card-issuer rules). Third parties (e.g., banks or card networks) may have terms that apply to your transactions. These could include terms and conditions related to the settlement of funds, chargebacks, prohibited items, and overdrafts. Breaches may result in fees, delays, or other actions. We are not responsible for those third-party terms or consequences. Failure to abide by third-party terms and conditions may result in fees charged to you, delays in your receipt of funds, or other actions. You agree that we have no control over, responsibility for, or liability for such fees, delays, or actions. 6. Allow Verification You authorize us and our Affiliates to verify and evaluate the information you provide. This may include: Confirming your bank account and identity Obtaining third-party reports (e.g., credit bureaus) Cross-checking with other data sources Third parties may include without limitation banks, credit and consumer reporting agencies, data brokers, and service providers. If we cannot verify your information, we reserve the right to close, suspend, or limit your account, rescind your access to any or all of our services, and limit access to your funds. We are not responsible for losses you suffer due to missing or inaccurate data you provide. 3. Seller Payment Fees The fees and expenses we charge you for using Managed Payments, unless otherwise communicated to you, are listed on your applicable fee page linked in the tables below, based on the country where you reside or are established (“ Fee Page ”). To find your fees: Such fees are subject to change. We may change our fees in the manner set out in your applicable User Agreement. You may be eligible for fee credits in some cases, as described on the Fee Credits page . 4. International Sales You may receive Payment Services from more than one eBay Payment Entity, depending on where you list and sell as follows : If you receive Payment Services from an eBay Payment Entity, such entity is appointed to process transactions and manage the settlement of funds related to your sales. Each eBay Payment Entity is responsible for managing payments on specific eBay sites. The site you list your item on determines which entity is the " Responsible Payment Entity " and processes the transaction. For example, eBay Commerce Australia Pty Ltd (eCA) will be the Responsible Payment Entity for the sale of your item listed on ebay.com.au. The entity that disburses your proceeds is your “ Payout Entity ”. This is usually the eBay Payment Entity assigned to the country where you reside or are established as a business. Unless agreed otherwise, your Payout Entity handles all your disbursements. If the Responsible Payment Entity is also your Payout Entity, that same entity processes the payment and disburses your funds. Example: If you're based in Canada and sell on ebay.ca, eBay Commerce Canada Ltd (eCCA) handles both. If the Responsible Payment Entity is different from your Payout Entity, the Responsible Payment Entity will first transfer the funds to your Payout Entity. Your Payout Entity will then disburse the funds to you. Example: If your Payout Entity is eBay Commerce Inc. (eCI) and you sell on ebay.de, eBay S.à r.l. (eBay Sarl) will process the transaction, then send the funds to eCI, which will pay you. If more than 12 months have passed since you last sold an item on an eBay site, you’re no longer considered to be receiving services from the Responsible Payment Entity for that site. The following table summarizes which eBay Payment Entity is responsible for which sites, and who they disburse to: eBay Payment Entity Responsible Payment Entity for Sales of Items Listed on Payout Entity for Sellers Residing or Established in Additional Payments Terms the United States (all references to the “ United States ” shall include its territories) and all other countries (together, the “ Additional Countries ”) that are not included among the countries associated with an eBay Payment Entity below II. ADDITIONAL PAYMENTS TERMS FOR SERVICES PROVIDED BY eBay Commerce Inc. All European Economic Area (“ EEA ”) eBay sites (including ebay.de, ebay.ie, ebay.fr, ebay.it, ebay.es, ebay.at, ebay.nl, ebay.be, befr.ebay.be, benl.ebay.be, ebay.pl etc.) and ebay.ch EEA countries (except Iceland) or Switzerland III. ADDITIONAL PAYMENTS TERMS FOR SERVICES PROVIDED BY eBay S.à r.l. IV. ADDITIONAL PAYMENTS TERMS FOR SERVICES PROVIDED BY eBay Commerce Canada Ltd. V. ADDITIONAL PAYMENTS TERMS FOR SERVICES PROVIDED BY eBay Commerce Australia Pty Ltd. the United Kingdom, Jersey, Guernsey, Gibraltar (references made to the “ United Kingdom ” are deemed to also include Jersey, Guernsey or Gibraltar for the purposes of these Payments Terms of Use) VI. ADDITIONAL PAYMENTS TERMS FOR SERVICES PROVIDED BY eBay Commerce UK Ltd. If you reside outside the EEA (except Iceland), the United Kingdom, and Switzerland, the performance of any Payment Services provided to you by eBay Sarl and/or eCUK is deemed suspended until an item you listed on a EEA, UK, or Swiss eBay site is sold. To the extent that Payment Services involve eCI (including in partnership with other eBay Payment Entities), you hereby appoint eCI as your limited payments agent to receive payments on your behalf and disburse your funds to you, directly or indirectly. Payout Currency Your “ Payout Currency ” is the currency we use to send your sales proceeds to your Linked Financial Account. It’s generally determined by your country of residence/establishment, unless we agree otherwise: United States — US Dollar (USD) EEA (except Iceland) — Euro (EUR) United Kingdom, Switzerland, Liechtenstein, or Australia — Local currency based on your country Canada — Canadian Dollar (CAD) or US Dollar (USD), if available and selected by you Additional Countries (as defined in the table above) — US Dollar (USD), or another currency if we offer it and you choose it We may offer more payout currencies in the future. If you list an item on an eBay website in a different currency than your Payout Currency, the paid amount will be converted into your Payout Currency. This conversion uses our transaction exchange rate and may include a currency conversion fee (see Section 3/Seller Payment Fees). Similarly, your receipt of eBay Services from Affiliates may cause you to incur fees which are published in a currency other than your Payout Currency; if this happens, we may convert such fees into your Payout Currency in the same manner described above. Note: If you’re in an Additional Country, your bank might charge a separate fee to convert funds from USD into your local currency. 5. Using Managed Payments Settlement of Funds and Payouts After each Managed Payments transaction, we’ll notify you of the payment. Unless subject to a hold under these Payments Terms of Use, your transaction proceeds will generally be available for disbursement within one to two business days after buyer payment is confirmed in checkout, although actual availability may vary depending on the buyer’s payment method and when the payment is received by us. In some cases (for example, if you are a new seller on eBay, or if you are a private seller in the UK), funds may become available for disbursement after the item is deemed delivered, as described in this help page . Once available, your funds will be grouped in a batch for payout to your Linked Financial Account, either automatically, based on your selected payout schedule (if such scheduled payouts are made available to you), or on-demand, following your individual payout request. If scheduled payouts aren’t available for your account, we may periodically transfer available funds to your Linked Financial Account. We may deviate from the agreed settlement and payout process as needed for compliance or risk-related reasons, unforeseen operational or technical reasons, or events outside our control. If we are unable to settle or disburse your funds, we may refund the buyer or otherwise process these funds as required by applicable law (such as abandoned property laws). Funds we receive on your behalf do not constitute deposits. If received by eCI, eCA, or eCCA, they represent an unsecured claim for payment against us. We may combine your funds with those of other customers and invest them according to applicable laws. You do not have any ownership interest in these investments and any interest earned from these investments will be retained by us. To the extent you may have any beneficial ownership in the interest or proceeds of these investments, you assign any right, title, and/or interest therein to us. Payouts are typically credited to your Linked Financial Account within one to three business days after disbursement is initiated, but timing may vary depending on your region and your bank’s processing times. We will provide you with monthly transaction statements at no cost, accessible via Seller Hub . Returns and Cancellations; Refunds If your buyer is entitled to a refund for a return or cancellation for a Managed Payments transaction—either under your agreement with the buyer or under eBay`s policies—you authorize us to issue the refund to the buyer on your behalf. eBay Money Back Guarantee Programs eBay offers buyers protection programs on certain eBay Services to ensure that buyers receive the item they ordered or get their money back (“eBay Money Back Guarantee” in most jurisdictions and “eBay Buyer Protection Program” in Germany, collectively referred to as “ eMBG ”). You understand if your buyer successfully files a claim under eMBG for a Managed Payments transaction, the eBay company offering the eMBG program (“ eMBG Service Provider ”) will, pursuant to the User Agreement and eMBG policy , reimburse the buyer the amount owed on your behalf and charge you the respective amount. A buyer—or the owner of the payment instrument used—may start a payment dispute (called a “ Dispute ” within this Part I) related to a Managed Payments transaction. This can include, for example, a chargeback, direct-debit reversal, or a PayPal buyer protection claim. The buyer’s financial institution will make the final decision on the Dispute. We will notify you when a Dispute is opened and ask whether you want to accept or contest it: If you accept , you agree the buyer will receive a refund. If you challenge it , we will submit any supporting evidence you provide to the buyer’s financial institution. You must provide any requested information within our specified timeline. If you don’t, you risk losing the full amount in Dispute, as determined by card network and payment service provider rules. If you accept the Dispute, or if the financial institution rules in favor of the buyer, the amount will be refunded to the buyer and charged to us. You must reimburse us unless you qualify for eBay’s Seller Protection policy for payment disputes, in which case you're not responsible for the refund. Even if you accept the Dispute, we may still challenge it at our discretion and at no cost to you. Some payment providers offer arbitration to appeal a Dispute outcome. We may ask for your consent to enter arbitration on your behalf. If you agree to arbitration, you authorize us to handle the process for you. You will cover any costs or legal fees, as agreed between you and us in each case in advance. We may pay these first and recover the amount from you later. You agree not to reopen or challenge the outcome of any Dispute we have already resolved. If you're a consumer in the EU, UK, or Australia—or an Australian Small Business as defined in the Australian Competition and Consumer Act 2010 (Cth)—your rights to file a complaint or pursue legal action in court remain unaffected. Seller Protection If you qualify under the Seller Protection policy offered by the eBay Affiliate providing you with eBay Services, and you meet all of its conditions, you will not be held liable for: Refunds related to eBay Money Back Guarantee (eMBG) claims Disputes (e.g., chargebacks or reversals) Unauthorized transactions involving the use of funds on eBay to pay To be protected, you must: Meet all eligibility requirements outlined in the Seller Protection policy Fulfill your seller obligations under that policy For details, refer to the applicable Seller Protection policy provided by the eBay Affiliate offering the eBay Services in your region. Fines, Penalties, and Losses We are unable to manage payments for prohibited and restricted items . For example, you may not use our Payment Services for gambling-related activity. Before listing an item, ensure it complies with eBay’s rules, applicable laws, and any restrictions set by credit card networks or third-party payment providers. You agree to indemnify and reimburse us for any reversals, chargebacks, claims, costs, losses, damages, fees, fines, penalties, and other liabilities and expenses we incur due to: Your breach of these Payments Terms of Use, the User Agreement, including eBay policies, Your violation of laws or third-party rights, or Any transaction processed by us for you for an item or service you listed on eBay (including without limitation the accuracy of your item description or any claim or dispute arising out of items or services offered or sold by you). We reserve the right to restrict your access to funds when necessary to manage risks related to providing you the Payment Services. You agree that we may place holds on your funds—or instruct a payment service provider to do so—before disbursement, including in stored value or payment accounts. We’ll display the hold amount and status in the Payments tab of Seller Hub or My eBay, and notify you through the eBay Message Center and/or email. We may ask for more information to resolve the issue. If you're a consumer in Germany, eBay Sarl will apply holds to your funds as described in Part III, Section 6 . For all other sellers, we apply holds as described below. We may place a hold if we detect increased risk—such as identity verification issues or buyer disputes. Learn more about hold types and examples . We take into consideration relevant factors when assessing the risks including your selling history, seller performance, seller type, returns and cancellations, chargebacks, eMBG claims, riskiness of listing category, transaction value, and our ability to collect Owed Amounts from you. We may cancel or freeze payouts as necessary to comply with our legal obligations in connection with fraud prevention, risk management, or regulatory compliance, or, upon lawful request by our Affiliates, to enable them to comply with legal obligations applicable to them (such as compliance with tax-related obligations from EU DAC7 legislation ). We will release holds once the associated risk is reduced or resolved. If your payout entity is eCI, eCA, or eCCA, we may keep a portion of your funds after account closure to cover refunds or Disputes. We’ll return unused amounts to your Linked Financial Account within 190 days of your eBay account closure, unless the law requires otherwise. Delays from your bank’s settlement procedures are outside our control. To help manage risk and secure your obligations under these Payments Terms of Use, we may require a reserve on your funds. This means that a portion of your transaction proceeds will be temporarily held and not available for payout. There are two types of reserves: A rolling reserve withholds a set percentage of your daily proceeds for a fixed period to be released to you later at a scheduled time on a rolling basis. For example, we may require a rolling reserve of 10% for a period of 60 days. Under this requirement, 10% of your transaction proceeds earned on day 1 will be withheld from your payouts and then be released to you on day 61. Subsequently, 10% of your transaction proceeds earned on day 2 will be withheld and then released to you on day 62, and so forth. Rolling reserves are the most common type of reserve. A minimum reserve holds a fixed amount (e.g., $5,000), either by gradually collecting a portion of your proceeds or deducting the full amount from pending payouts. We may require a reserve if we have reason to believe that there is an increased risk of non-fulfillment of your obligations under these Payments Terms of Use. We take into consideration relevant risk factors before requiring a reserve, including, as applicable (i) your eBay account history, (ii) whether the category you are listing in has a higher likelihood of chargebacks or refunds, (iii) whether your eBay account has an elevated number of customer claims or disputes, (iv) your business and/or personal credit history (business sellers may be subject to credit agency checks if permitted by applicable law), (v) whether you are selling products in advance of availability (pre-selling orders), and (vi) whether you have extended delivery time frames. Reserves can be raised, lowered, or removed based on your account performance and the risk associated with your use of Managed Payments. The amount of each reserve (and any subsequent change) will be reasonably determined based on the seller-specific risk (including the volume of your sales). The amount and status of any reserve will be shown in the Payments tab in Seller Hub or My eBay, and we’ll notify you if a reserve is applied. If eCA is your Payout Entity, additional rules may apply under the Seller Reserve Terms and Conditions , which you agree to by accepting these Payments Terms of Use. If we have acted with reasonable precautions and/or in accordance with our legal obligations, we are not liable for any unauthorized, incorrectly, unexecuted, or delayed payment transactions when such issues were caused by abnormal and unforeseeable circumstances beyond our control. When required by anti-money laundering or other legal rules, your acceptance of these Payments Terms of Use may serve as your legal signature, unless prohibited by law 6. Security; Third-Party Providers; Data Protection You agree to follow our security measures for using Managed Payments. You're responsible for keeping your eBay login credentials (passwords, codes, etc.) safe. Unless protected by our seller protection policies, you’re also responsible for any transactions made or actions taken using your account. If you notice an unauthorized, delayed, or incorrect payment, you must notify us right away using the contact information in the Introduction Section. If you notify us by telephone of such a transaction, we may request written confirmation immediately following the notification. The notification shall be free of charge. Third-Party Providers We may use eBay Affiliates or third-party service providers (together “ Service Providers ”), such as those that process payments, verify identity, or assess risk, in various locations to help us provide Managed Payments. These Service Providers may also subcontract tasks to other eBay Affiliates or third parties. In this context we may transfer your data to such Service Providers. We may also contact you through the eBay Affiliate that provides your eBay Services. For example, that Affiliate may notify you about account holds or restrictions. You explicitly agree that we may outsource services (including sub-outsourcing) to Service Providers, and you accept that the obligation of secrecy does not exist with respect to the related transfer of data (e.g. contact details, account information, sales related information) to such Service Providers. These providers are either subject by law to a professional secrecy obligation, as provided by the law applicable to the Service Provider,or will be contractually bound to comply with strict confidentiality rules. Only a limited number of persons within the relevant Service Provider will be able to view your data on a need to know basis. Regardless of who assists us with Managed Payments, the appropriate eBay Payment Entity remains accountable to you for the performance of the services under these Payments Terms of Use. In conformity with our User Privacy Notice , we may also share information collected by us pursuant to these Payments Terms of Use with our Affiliates as necessary to enable your continued use of our Payment Services and the eBay Services. Please view our User Privacy Notice for more information on the collection and processing of personal data, including details on processing purposes and legal bases under applicable data protection laws. Data Protection Our performance of Payment Services entails the processing of your buyer’s personal data when a sale happens. With respect to such data processing, you, the Responsible Payment Entity, and the Payout Entity each act as a separate data controller/business under applicable data protection laws. You agree to comply with your obligations as a data controller/business pursuant to all applicable data protection laws to which you are subject, and provide us with all reasonable cooperation, information, and assistance as necessary for us to meet our requirements as a data controller/business. 7. Specific Payment Methods Specific Payment Methods On some eBay sites in the EU and UK, buyers can choose " Specific Payment Methods " such as direct debit, payment by invoice, or installment payments. These options are offered by eBay’s " Payment Partners ". When a buyer uses a Specific Payment Method for the purchase ("Sales Contract"): You agree to sell and assign your purchase claim against the buyer to the Responsible Payment Entity for that purchase (see Part I, Section 4/International Sales) . The Responsible Payment Entity will then sell and assign the claim to its Acquirer (e.g., Adyen N.V.), who sells and assigns it on to the Payment Partner who will assume the payment default risk as described below, or to the Payment Partner directly. This arrangement is referred to as a “ Chain Assignment ”. The buyer pays the Payment Partner, who forwards the funds through the Acquirer to the Responsible Payment Entity, which settles the payment to you. You shall conclude with your buyer the Payment Partners’ terms and conditions for the use of the Specific Payment Method, including any applicable privacy notice (“Partner Terms”). You hereby agree that the respective Partner Terms shall be part of the Sales Contract where the buyer uses a Specific Payment Method. You authorize eBay and its Payment Partners to present those terms to the buyer on your behalf at checkout. Note: The Payment Partners and Acquirers will not be a party to and do not have any contractual obligations to you under these Payments Terms of Use or any agreement between you and eBay, the buyer, or any other third party. Purchase and Assignment of Seller Receivables When a buyer uses a Specific Payment Method, you agree that the Responsible Payment Entity purchases your purchase claim against the buyer after the sale is completed. Here’s how it works: Each time a sale is made, your purchase claim against the buyer (the "Seller Receivable") is automatically offered to the Responsible Payment Entity. If accepted, a "Single Purchase Agreement" is formed, and your Seller Receivable becomes a "Purchased Receivable". You hereby assign to the Responsible Payment Entity all current and future Seller Receivables —including the right to collect payment and any related or ancillary rights. These ancillary rights include security interests, transport or deficiency insurance claims, withdrawal or rescission rights, and any claims against third parties with respect to the relevant Seller Receivable. The Responsible Payment Entity hereby accepts the assignment. Upon conclusion of a Single Purchase Agreement, you and the Responsible Payment Entity reiterate the assignment of the relevant receivable identified through the transaction-ID in the purchase offer whereby the purchase offer constitutes an offer to assign the relevant receivable from you to the Responsible Payment Entity and the acceptance of purchase offer constitutes an acceptance of this offer by the Responsible Payment Entity. If further confirmation is needed to validate the assignment, you agree to take any necessary action or sign any documents the Responsible Payment Entity requests. You also irrevocably authorize the Responsible Payment Entity with the power of sub-delegation to notify the buyer about the assignment and to exercise related rights in its own name, including any rights that can't be transferred. Collection Risk/Collection If the Responsible Payment Entity purchases a Seller Receivable from you as described in Section 7 (Purchase and Assignment of Seller Receivables), it also assumes the risk of non-payment from the buyer—except in certain cases described in Section 7 (Defect Receivables). Even if a buyer becomes insolvent or payment cannot be collected from the buyer for other reasons, the Responsible Payment Entity will pay you the purchase price for the Purchased Receivable (minus any applicable fees or deductions). It is up to the Responsible Payment Entity and our Payment Partners to decide whether or how to pursue collection from the buyer. You won’t be involved in that process. The financial risks and obligations related to enforcement are borne by the Responsible Payment entity who passes these along to the Acquirer and then to the Payment Partner through the Chain Assignment. Representations and Warranties Each time a Seller Receivable is purchased under a Single Purchase Agreement (making it a Purchased Receivable), you make the following representations and warranties to the Responsible Payment Entity: The Purchased Receivable is legally valid, validly assigned to the Responsible Payment Entity, and enforceable against the buyer. You have full ownership rights to assign and transfer the Purchased Receivable, and it has not been assigned or transferred to anyone else. You will ship, deliver, or provide the item(s) to the buyer completely, on time, and as described in the Sales Contract—so the buyer has no valid reason to withhold payment or seek refunds, set off, claim supplementary performance, reduction, rescission right, or damage claims. These representations are also passed along “back-to-back” to the Acquirer and Payment Partners through the Chain Assignment process. Assignment of Purchased Receivables back to You/Disputes In certain cases, a Purchased Receivable may be returned (assigned back) to you. This happens when the Purchased Receivable becomes a " Defect Receivable ", including: The buyer cancels the Sales Contract due to a withdrawal right or a return you offered. A claim or dispute is filed (such as an eMBG claim) where the buyer objects to the Purchased Receivable, and you don’t provide valid proof of shipment, delivery, or other required performance. You breach a representation or warranty from Section 7 (Representations and Warranties). or in any other case where you give a refund to a buyer for any Purchased Receivable (“ Refunded Receivable ”). In these cases, the Acquirer may return the Defect/Refunded Receivable to the Responsible Payment Entity, who may then reassign it to you. The Responsible Payment Entity hereby assigns all current and future Defect/Refunded Receivables to you under the condition that we notify you of the refund to the buyer in relation to a Defect or Refund Receivable (the “Reassignment Notice”), and you hereby accept the assignment of all current and future Defect/Refunded Receivables. You are obliged to pay back any purchase price which you have received from the Responsible Payment Entity for the Defect/Refunded Receivable without undue delay after the relevant Re-Assignment Notice was provided. The Responsible Payment Entity is entitled to set off this claim against you with any further payment it is obliged to pay to you. Information and Assistance Obligations/General Provisions You must promptly inform us if: You become aware that any of your representations or warranties (see Section 7 (Representations and Warranties)) were incorrect or have been breached. You learn of any issue that could materially impair or jeopardise claiming the amount of the Purchased Receivable from the buyer or reduce the chances of the buyer paying. You learn of any issue that might materially change your solvency. If you accidentally receive a payment directly from a buyer for a Purchased Receivable: You must reject the payment, refund it to the buyer, and tell them to pay the appropriate Payment Partner instead. You must also notify us about the rejected payment. Upon request, you must provide any information, records, or documents needed by the Responsible Payment Entity, the Acquirer, or the Payment Partner to verify or enforce the Purchased Receivables. 8. Collection of Fees and Other Amounts You Owe You authorize us to collect from you any amounts you owe us, our Affiliates (in particular the Affiliate which provides the eBay Services to you or the eMBG Service Provider), or third-party providers (e.g., shipping carriers) who, as separately authorized by you, provide services to you in connection with your use of the eBay Services, under these Payments Terms of Use, the User Agreement , any other service contract, policy, agreement or as required by law (referred to as “Owed Amounts”). Owed Amounts typically include the following: Amounts as described in “Returns and Cancellations; Refunds”, “Disputes” or “Fines, Penalties and Losses” in Section 5 above; Amounts you owe the eMBG Service Provider under the applicable eMBG Policy; Amounts necessary to recover a negative balance on your account regardless of the reason for the negative balance. Taxes or other charges related to your use of our or our Affiliates’ services, if applicable and required by law; and Amounts we incorrectly settled to you due to a payment processing error or otherwise (see Section 1 above). For clarity, your authorization permits us to collect amounts which you already owe to us, our Affiliates or third parties as described above. This authorization does not establish any new claims for payment against you. In some cases, our Affiliates may assign a claim against you for payment of Owed Amounts payable by you to us. Collection of the Owed Amounts may be carried out on a one-time, sporadic, or recurring basis by the following means: Deducting from your current or future amounts pending settlement to you as reflected in any of your eBay accounts; Charging your Linked Financial Account (and if required, by issuing a direct debit mandate or other similar authorization); Charging any other payment method you’ve authorized or stored with us or our Affiliates (e.g., for seller fees, shipping, or disputes); Deducting from your stored value account (if such an account has been issued to you); Using a collections agency or other collection methods if the collection by other means has been unsuccessful. You authorize us to choose the method of payment among those listed above. We normally deduct Owed Amounts from your upcoming disbursements. If you have a stored value account, we’ll collect payment from those funds first. If your funds are insufficient to cover the Owed Amounts, you owe the remaining amount to us and we’ll charge your Linked Financial Account or another saved payment method. If you have several payment instruments on file, you may indicate a preferred method for collecting Owed Amounts in your eBay account. You also authorize the Affiliate whom you have entered into the User Agreement with for the provision of eBay Services to charge you for any Owed Amounts on our behalf from any payment method you may have on file with such Affiliate. If you provide us with a SEPA/BECS direct debit mandate for debiting Owed Amounts from your bank account, any required advance notice will be given to you at least three days prior to charging your bank account. At any point prior to you explicitly cancelling a SEPA/BECS direct debit mandate we have obtained from you, we may deduct Owed Amounts based on such mandate. Unless you are a consumer in the EU or UK, you waive, to the extent possible under applicable law, any rights you may have to receive advance notice of any particular preauthorized charge. If our attempt to recoup an Owed Amount from a payment instrument you have authorized us to use fails as a result of your acts or omissions, we may charge you for the failed attempt as set forth on the Fee Page or as applicable in Parts IV and V below. If you are a private seller residing in Switzerland, § 7 of eBay's User Agreement applies, in particular in relation to compensation for damages resulting from delay and recovery of costs incurred in connection with the assertion of rights. All Sellers (except consumers in Germany) We may amend these Payments Terms of Use by giving you written notice (e.g., via Seller Hub, eBay Message Center, or our website). We’ll notify you before the changes take effect, based on your Payout Entity: eBay Sarl – at least 2 months in advance eCUK (if you’re a consumer, micro-enterprise, or charity) – at least 2 months in advance eCA – at least 30 days in advance All others – at least 14 days in advance If you're a consumer outside Germany with eBay Sarl or eCUK as your Payout Entity, you are deemed to have consented to changes unless you reject them before they take effect. For all others, continuing to use Managed Payments after the effective date means you accept the changes. Consumers in Germany If you are a consumer in Germany, we may propose changes to these Payments Terms of Use at any time. We'll notify you in text form (e.g., email and/or via Seller Hub or Message Center) at least 2 months before the changes are expected to take effect. Changes we propose only take effect if you accept them as follows: Material changes (as defined below): We will request your explicit consent. Non-material changes: You’re deemed to have accepted the proposed changes unless you reject them in text form (e.g., email) before they take effect. In case we propose non-material changes, we'll inform you about your right to reject, the time period, and your termination right (see subsection below) in the notice with which we propose the changes. A “material change” is a change of these Payments Terms of Use (especially with respect to provisions defining the type and general scope of the agreed services or the term and termination) in our favor, which would significantly shift the balance between service and remuneration to your disadvantage or would effectively establish an entirely new contract. Changes required by law, court rulings, legal orders or due to binding undertakings to consumer or competition protection associations or regulators do not constitute a material change. Your Right to Terminate in case of amendments (All Sellers) If you disagree with any proposed changes, you may terminate these Payments Terms of Use at no cost before the effective date, in line with Section 10 (“Term, Termination”). The amended Payments Terms of Use will always be posted on the eBay website. 10. Term, Termination These Payments Terms of Use remain in effect until terminated by either you or us, as described below. Our Right to Terminate We may terminate this agreement by giving you written notice via email to your registered email address: 14 days in advance; or 2 months in advance if your Payout Entity is eBay Sarl; or 90 days in advance if your Payout Entity is eCUK and you are a consumer, microenterprise or a charity. We may also terminate immediately or with less notice if: We’re required to do so by law or court order. A government authority instructs us to do so to comply with anti-money laundering or counter-terrorism financing laws. We have reason to believe you’re engaged in illegal or prohibited activity (e.g., fraud, money laundering, sanctions violations). We can’t verify your identity or other required information. You breach a material obligation or seriously or persistently violate these terms. Your Right to Terminate If your Payout Entity is eBay Sarl or eCUK, you may terminate these Payments Terms of Use and close your payment account with 1 month’s notice by: Emailing eBay Sarl at payments@ebay.de or eCUK at paymentsinfouk@ebay.com, or

Contacting Customer Service (via chat or Contact Us form). If your Payout Entity is not eBay Sarl or eCUK, you can terminate by closing your eBay account. If you continue to use Managed Payments afterward, you’ll be deemed to have accepted these terms again. If you terminate your agreement with one eBay Payment Entity, it applies to all others as well. Effect of Termination Using eBay as a seller requires continued registration for Managed Payments. If you terminate this agreement, you can’t continue selling on eBay and using the other eBay Services provided by our Affiliates. Our Affiliates may terminate your User Agreement accordingly. Termination doesn’t affect obligations or rights that already accrued until termination. You’re still responsible for any amounts owed to us relating to your activities prior to termination, and we can collect them as described in these Payments Terms of Use. Any pending transactions will be completed under these Payments Terms of Use, unless prohibited by law. After termination takes effect, you’ll no longer be able to list or sell items on eBay Services. We may assign our rights and obligations under these Payments Terms of Use at our sole discretion. If we do, we’ll notify you. II. ADDITIONAL TERMS FOR SERVICES PROVIDED BY ECI In addition to the General Payments Terms above, the following provisions apply with respect to Payment Services provided by eCI. Within this section, “ we ” or “ us ” refers to eCI. As between you and eCI, these Payments Terms of Use incorporate by this reference the provisions of the User Agreement to the extent applicable to this agreement. In the event of any conflict between the User Agreement and these Payments Terms of Use, these Payments Terms of Use will govern. We may change, discontinue, enhance, or modify features of Managed Payments at any time. 1. Appointment of eCI as Agent eCI will receive payments on your behalf as your agent. You hereby appoint eCI as your agent for the limited purpose of receiving, holding and settling payments for Managed Payments transactions. A payment received by us from a buyer, on your behalf, satisfies the buyer’s obligation to you in the amount of the payment received, regardless of whether we actually settle such payment to you. In the event that we do not make any such payment to you as described in these Payments Terms of Use, you will have recourse against us only and not against the buyer, as such payment is deemed to be made by the buyer to you upon receipt by us. To the extent permissible under the rules of any third-party or governmental body with jurisdiction over us, you agree that we are not liable for your acts and omissions and you understand that we disclaim any such liability. 2. Information Returns eBay may be required to issue information return(s) to you related to payments made to you during a calendar year, such as IRS Forms 1099. Your acceptance of these Payments Terms of Use and continued use of our Payment Services evidence your agreement to receive any information return, such as Forms 1099-K or any other Form 1099 required to be issued to you, electronically. You may access an electronic copy of Forms 1099 by downloading the form where it is made available to you in Seller Hub . You can choose to receive paper information returns mailed to you by opting out of paperless-only delivery. The elections will be effective for current and future years unless you change your election. You will not receive any information returns in the mail unless you’ve opted out of electronic delivery by December 31, or we are otherwise required to send a paper copy of your information return by mail. 3. Authorization for Collection of Owed Amounts You hereby authorize eCI to debit or charge any Owed Amount from your Linked Financial Account or any other payment method you have on file with us, including your stored value account (if stored value has been issued to you). Your authorization will remain in full force and effect until the earlier occurrence of: our receipt from you of any written communication that revokes such authorization, or upon the closure or termination of your eBay account. To the extent permitted by law, you hereby irrevocably sell, assign, grant, convey and transfer to eBay and its Affiliates, as applicable, all of your rights, title, and interests in any and all accounts receivable, payments of money, and general intangibles owed in your favor to satisfy any and all obligations or liabilities you owe to eBay or its applicable Affiliate in connection with your use of Managed Payments and eBay Services for the sale of goods or services to your Buyers. 4. Legal Disputes PLEASE READ THIS SECTION CAREFULLY. IT AFFECTS YOUR RIGHTS AND WILL HAVE A SUBSTANTIAL IMPACT ON HOW CLAIMS YOU AND eCI HAVE AGAINST EACH OTHER ARE RESOLVED. You and eCI agree that any claim or dispute at law or equity that has arisen, or may arise, between you and eCI (or any related third parties) that relates in any way to or arises out of this or previous versions of these Payments Terms of Use, your use of or access to Managed Payments, or the actions of eCI or its agents, will be resolved in accordance with the provisions set forth in this Legal Disputes Section. 4.1. Applicable Law You agree that, except to the extent inconsistent with or preempted by federal law, the laws of the State of Utah, without regard to principles of conflict of laws, will govern these Payments Terms of Use and any claim or dispute that has arisen or may arise between you and eCI, except as otherwise stated in these Payments Terms of Use. 4.2. Agreement to Arbitrate You and eCI each agree that any and all disputes or claims that have arisen, or may arise, between you and eCI (or any related third parties) that relate in any way to or arise out of this or previous versions of these Payments Terms of Use, your use of or access to Managed Payments, the actions of eCI or its agents, or any products or services sold, offered, or purchased through the Services shall be resolved exclusively through final and binding arbitration, rather than in court. In this Legal Disputes Section, the term “related third parties” includes your and eCI’s respective affiliates, subsidiaries, parent companies, predecessors, successors, assigns, as well as your, eCI’s, and these entities’ employees and agents. Alternatively, you may assert your claims in small claims court, if your claims qualify and so long as the matter remains in such court and advances only on an individual (non-class, non-representative) basis. The Federal Arbitration Act governs the interpretation and enforcement of this Agreement to Arbitrate. Prohibition of Class and Representative Actions and Non-Individualized Relief YOU AND eCI AGREE THAT EACH OF US MAY BRING CLAIMS AGAINST THE OTHER ONLY ON AN INDIVIDUAL BASIS AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS, OR REPRESENTATIVE OR PRIVATE ATTORNEY GENERAL ACTION OR PROCEEDING. UNLESS BOTH YOU AND eCI AGREE OTHERWISE, THE ARBITRATOR MAY NOT CONSOLIDATE OR JOIN MORE THAN ONE PERSON'S OR PARTY'S CLAIMS, AND MAY NOT OTHERWISE PRESIDE OVER ANY FORM OF A CONSOLIDATED, REPRESENTATIVE, CLASS, OR PRIVATE ATTORNEY GENERAL ACTION OR PROCEEDING. ALSO, THE ARBITRATOR MAY AWARD RELIEF (INCLUDING MONETARY, INJUNCTIVE, AND DECLARATORY RELIEF) ONLY IN FAVOR OF THE INDIVIDUAL PARTY SEEKING RELIEF AND ONLY TO THE EXTENT NECESSARY TO PROVIDE RELIEF NECESSITATED BY THAT PARTY'S INDIVIDUAL CLAIM(S). ANY RELIEF AWARDED CANNOT AFFECT OTHER USERS. If a court decides that applicable law precludes enforcement of any of this paragraph's limitations as to a particular claim or a particular request for a remedy (such as a request for injunctive relief), then that claim or that remedy request (and only that claim or that remedy request) must be severed from the arbitration and may be brought in court, subject to your and eCI’s right to appeal the court's decision. All other claims will be arbitrated. Arbitration Procedures Arbitration is more informal than a lawsuit in court. Arbitration uses a neutral arbitrator instead of a judge or jury, and court review of an arbitration award is very limited. However, an arbitrator can award the same damages and relief on an individualized basis that a court can award to an individual. An arbitrator should apply the terms of these Payments Terms of Use as a court would. All issues are for the arbitrator to decide, except that issues relating to arbitrability, the scope or enforceability of this Agreement to Arbitrate, or the interpretation of Section 1 of this Agreement to Arbitrate (" Prohibition of Class and Representative Actions and Non-Individualized Relief "), shall be for a court of competent jurisdiction to decide. The arbitration will be conducted by the American Arbitration Association (" AAA ") under its rules and procedures, including the AAA's Consumer Arbitration Rules and the AAA’s Commercial Arbitration Rules (as applicable), as modified by this Agreement to Arbitrate. The AAA's rules are available at www.adr.org . In the event that the AAA is unavailable to administer the arbitration, another administrator will be selected by the parties or the court. A party who intends to seek arbitration must first send to the other, by certified mail, a valid Notice of Dispute (" Notice "), which may be downloaded at this link: http://p.ebaystatic.com/aw/help/legal/Notice_of_Dispute.pdf . The Notice to eCI must be sent to eBay Inc., Attn: Litigation Department, Re: Notice of Dispute, 339 W. 13490 S., Ste. 500, Draper, UT 84020. Any such Notice addressed to and received by eBay will also be deemed to be received by eCI, if such Notice regards services offered by eCI. eCI will send any Notice to you to the physical address we have on file associated with your eBay account; it is your responsibility to keep your physical address up to date. To be valid, you must personally sign the Notice and complete all information on the Notice form, including a description of the nature and basis of the claims the party is asserting, the specific relief sought, and the email address and phone number associated with your account. If you and eCI are unable to resolve the claims described in a valid Notice within 30 days after eCI receives the Notice, you or eCI may initiate arbitration proceedings. A form for initiating arbitration proceedings is available on the AAA's site at www.adr.org. In addition to filing this form with the AAA in accordance with its rules and procedures, the party initiating the arbitration must mail a copy of the completed form to the opposing party. You may send a copy to eCI at the following address: eBay Commerce Inc. c/o CT Corporation System, 1108 E South Union Ave., Midvale, UT 84047. In the event eCI initiates an arbitration against you, it will send a copy of the completed form to the physical address we have on file associated with your eBay account. Any settlement offer made by you or eCI shall not be disclosed to the arbitrator. Where no disclosed claims or counterclaims exceed $25,000, the dispute shall be resolved by the submission of documents only, subject to the arbitrator's discretion to require an in-person hearing, if the circumstances warrant. In cases where an in-person hearing is held, you and/or eCI may attend by telephone, unless the arbitrator requires otherwise. The arbitrator will decide the substance of all claims in accordance with applicable law, including recognized principles of equity, and will honor all claims of privilege recognized by law. The arbitrator shall not be bound by rulings in prior arbitrations involving different users, but is bound by rulings in prior arbitrations involving the same eCI user to the extent required by applicable law. The arbitrator's award shall be final and binding and judgment on the award rendered by the arbitrator may be entered in any court having jurisdiction thereof. Costs of Arbitration Payment of all filing, administration and arbitrator fees will be governed by the AAA's rules, unless otherwise stated in this Agreement to Arbitrate. If you complied with the Notice of Dispute procedures of Section 2 of this Agreement to Arbitrate (“Arbitration Procedures”) and the value of the relief sought is $10,000 or less, at your request, eCI will pay all administration, and arbitrator fees associated with the arbitration. Any request for payment of fees by eCI should be submitted by mail to the AAA along with your Demand for Arbitration and eCI will make arrangements to pay administration and arbitrator fees directly to the AAA. In the event the arbitrator determines the claim(s) you assert in the arbitration to be frivolous, you agree to reimburse eCI for all fees associated with the arbitration paid by eCI on your behalf that you otherwise would be obligated to pay under the AAA's rules. eCI will pay as much of the filing, administration, and arbitrator fees as the arbitrator deems necessary to prevent the cost of accessing the arbitration forum from being prohibitive. Severability With the exception of any of the provisions in Section 1 of this Agreement to Arbitrate ("Prohibition of Class and Representative Actions and Non-Individualized Relief"), if an arbitrator or court decides that any part of this Agreement to Arbitrate is invalid or unenforceable, the other parts of this Agreement to Arbitrate shall still apply. Opt-Out Procedure IF YOU ARE A NEW USER OF OUR PAYMENT SERVICES, YOU CAN CHOOSE TO REJECT THIS AGREEMENT TO ARBITRATE ("OPT-OUT") BY MAILING US A WRITTEN OPT-OUT NOTICE ("OPT-OUT NOTICE"). THE OPT-OUT NOTICE MUST BE POSTMARKED NO LATER THAN 30 DAYS AFTER THE DATE YOU ACCEPT THESE PAYMENTS TERMS OF USE FOR THE FIRST TIME. YOU MUST MAIL THE OPT-OUT NOTICE TO EBAY INC., ATTN: LITIGATION DEPARTMENT, RE: OPT-OUT NOTICE, 339 W. 13490 S., STE. 500, DRAPER, UT 84020. ANY SUCH OPT-OUT NOTICE ADDRESSED TO AND RECEIVED BY EBAY WILL ALSO BE DEEMED TO BE RECEIVED BY eCI, IF SUCH OPT-OUT NOTICE REGARDS SERVICES OFFERED BY eCI. For your convenience, we are providing an Opt-Out Notice form . You must complete and mail that to us in order to opt out of the Agreement to Arbitrate. You must complete the Opt-Out Notice form by providing the information called for in the form, including your name, address (including street address, city, state and zip code), and the user ID(s) and email address(es) associated with the eBay Service account(s) to which the opt-out applies. You must sign the Opt-Out Notice for it to be effective. This procedure is the only way you can opt out of the Agreement to Arbitrate. If you opt out of the Agreement to Arbitrate, all other parts of these Payments Terms of Use and its Legal Disputes Section will continue to apply to you. Opting out of this Agreement to Arbitrate has no effect on any previous, other, or future arbitration agreements that you may have with us. Future Amendments to the Agreement to Arbitrate Notwithstanding any provision in the User Agreement or these Payments Terms of Use to the contrary, you and we agree that if we make any amendment to this Agreement to Arbitrate (other than an amendment to any notice address or site link provided herein) in the future, that amendment shall not apply to any claim that was filed in a legal proceeding against eCI prior to the effective date of the amendment. The amendment shall apply to all other disputes or claims governed by the Agreement to Arbitrate that have arisen or may arise between you and eCI. We will notify you of amendments to this Agreement to Arbitrate by posting the amended terms on www.eBay.com at least 30 days before the effective date of the amendments and by providing notice through the eBay Message Center and/or by email. If you do not agree to these amended terms, you may close your account within the 30-day period and you will not be bound by the amended terms. 4.3. Judicial Forum for Legal Disputes Unless you and we agree otherwise, in the event that the Agreement to Arbitrate above is found not to apply to you or to a particular claim or dispute, either as a result of your decision to opt out of the Agreement to Arbitrate or as a result of a decision by the arbitrator or a court order, you agree that any claim or dispute that has arisen or may arise between you and eCI must be resolved exclusively by a state or federal court located in Salt Lake County, Utah. You and eCI agree to submit to the personal jurisdiction of the courts located within Salt Lake County, Utah for the purpose of litigating all such claims or disputes. III. ADDITIONAL TERMS FOR SERVICES PROVIDED BY EBAY SARL In addition to the General Payments Terms above, the following provisions apply with respect to Payment Services you receive from eBay Sarl. Within this section, “ we ” or “ us ” refers to eBay Sarl. As between you and eBay Sarl, these Payments Terms of Use incorporate by this reference the provisions of the User Agreement to the extent applicable to this agreement. In the event of any conflict between the User Agreement and these Payments Terms of Use, these Payments Terms of Use will govern. 1. Payment Service; Disabling Payment Methods You authorize eBay Sarl to acquire and settle payments that it receives on your behalf. When you sell an item on eBay, you are deemed to be a payee, with eBay Sarl acting as your payment service provider. In a refund, chargeback, or similar scenario, or if you use your funds to pay, you may be deemed to be a payer, again with eBay Sarl acting as your payment service provider. If eBay Sarl is your Payout Entity, eBay Sarl will open and hold a payment account for you. The acceptance of a buyer’s payment instrument (for example, their Visa card), once it has been authorized for payment, satisfies the buyer’s payment obligation to you, regardless of whether we actually settle such payment to you. In the event that we do not make any such payment to you as described in these Payments Terms of Use, you will have recourse against us only and not against the buyer. To the extent permissible under the rules of any third-party or governmental body with jurisdiction over us, you agree that we are not liable for your acts and omissions and you understand that we disclaim any such liability. We may disable specific payment method(s) available to buyers for all or some of your listings if we reasonably believe the use of such payment methods for your transactions will increase regulatory, financial, or other risk to us. For example, if you would like to offer a high-priced item with a new eBay account, we may disable such payment methods where the amount is credited with a time delay after the transaction (e.g. direct debit or payment upon invoice). In assessing the risk, we consider relevant factors such as your sales history, service status, eBay account history, risks associated with certain item categories, transaction value, and number and monetary amounts of eMBG cases. We will re-enable the affected payment method(s) for your listings once the risk no longer exists. 2. Execution of Payment Transactions When you, as a payee or payer, use Managed Payments, the payment transactions will be executed in accordance with the payment schemes rules and procedures, or as otherwise agreed. Required Information Your payer (for example, the buyer of an item you sell on eBay) must ensure we are provided with the data required for us to execute the payment transaction. If we do not have sufficient data to execute such transaction, we reserve the right to ask your payer’s payment service provider for the required information. We require the following information for the execution of a payment transaction: Your eBay username, The buyer’s name (where applicable), The buyer’s eBay username, and any other data about the buyer which the buyer’s payment service provider or we may require (where applicable), The currency of the payment transaction (if possible, in abbreviated form), The amount of the payment transaction, and The beneficiary’s payment details. We may also require specific information, such as a one-time authorization code sent to your verified phone number or email address, to authenticate a payment transaction (or to allow you to access certain information related to Managed Payments on eBay). To the extent reasonably possible, we will automatically utilize the information stored in our systems. Where the required information provided by you or your payer is not fully available or is inaccurate, we will not bear any liability for any damage, delay, or other consequence from the non-execution or defective execution of the relevant payment transaction. Receipt of Payment Orders A payment order will be deemed to have been received by us if: Carried out by means of a payment card, then in accordance with the card schemes rules; or Received by our available electronic communication channels, then on the business day when it is actually received by us. If the payment order is not received on a business day, it will be deemed to be received on the next business day. “Business days” in this Part III of these Payments Terms of Use shall mean the days on which banks in Luxembourg are open for regular business. You may not revoke a payment order after we have received it. However, if we have agreed that a payment order will be executed on a certain future date, the business day prior to this future date will be the latest you can revoke the payment order. Refusal of Payment Orders We reserve the right to refuse the execution of a payment order when: The payment order information contains factual errors and/or is incomplete; You have not satisfied your obligations under these Payments Terms of Use or any other agreement between you and us; There are doubts about the validity of the instruction, or the identity or authority of the person giving the payment order; or The payment order, if executed, would lead to a breach of the applicable rules, laws, or regulations. We may charge a reasonable fee for such a refusal. You acknowledge that when executing a payment transaction, we may have to disclose information mentioned above and your legal address to the other party’s payment service provider and, where relevant, also to intermediaries involved in the execution of the payment transaction. You expressly accept and instruct us to disclose such data. Where you are the payer, the execution of the transaction may depend on us having received the respective amount from you prior to the execution. 3. Liability for Unauthorized Payment Transactions You will be fully liable for all losses relating to an unauthorized payment transaction if you acted fraudulently with respect to such a payment transaction, or if you failed to fulfill one or more of the obligations under this agreement (such as keeping your credentials safe or notifying us without undue delay) with intent or gross negligence. 4. Our Liability We will refund you in full and are liable for losses directly and reasonably foreseeably incurred by an incorrectly or non-executed payment transaction, provided that you have informed us of such transaction without undue delay after becoming aware of the defect and in no event later than thirteen (13) months after the transaction was executed, unless we failed to make information about the transaction available to you. We are liable for damages suffered as a result of willful misconduct or gross negligence. In case of minor negligence, we are only liable for (a) damages resulting from injury to life, body, or health; or (b) foreseeable typically occurring damages resulting from the breach of an essential contractual obligation. Any further liability is excluded. If you are a business using the Payment Services, unforeseeable damages in accordance with the above include (but are not limited to) loss of goodwill or reputation, direct or indirect loss of profits, loss of data, loss of business and other intangible losses. You also explicitly agree that as a business you may not benefit from the rights and liability regimes deriving from the legal provisions with regard to payment services (Articles 79(1), 81(3), 86, 88 to 90, 93 and 101 of the Luxembourg Law of 10 November 2009 on payment services) in the event of non-execution or defective execution of Payment Services under this agreement, meaning we are not liable to you for the losses or damage you may suffer under those provisions. 5. Shipping Labels If buyers purchase a return shipping label at their own expense on the eBay website, eBay may automatically deduct the label costs from the refund amount a buyer receives from you. If this occurs, you agree (as a debtor to the buyer for the refund) to be delegated as a debtor to the shipping carrier for the label costs, and authorize us to use the relevant part of the refund amount to pay the shipping carrier on your behalf. You will not bear any additional shipping costs in this event. 6. Holds (for consumers in Germany) If you are a consumer in Germany, eBay Sarl will apply holds to your funds in accordance with this section. For all other sellers, holds are applied under the conditions in Part I, Section 5/Holds . As a regulated payment entity, we are legally required to implement an effective risk management program and robust measures to prevent fraud, money laundering, and terrorist financing. For these purposes, we may place holds on your funds, or instruct a payment service provider to hold your funds, under the conditions and for the duration described below, taking into account your and other users’ legitimate interests. A hold can be placed either on transaction level or on account level. Transaction-level holds are placed in relation to a particular buyer transaction, typically to secure a potential refund of the transaction amount to the buyer, e.g., after a successful eMBG claim (“ Transaction Holds ”). These holds freeze the amount of the relevant transaction. Account-level holds prevent the disbursement of all funds on the account (“ Account Holds ”). They are placed for reasons related to the seller, the seller’s conduct, or the activity on an account, e.g. if there is a suspicion of fraud. Transaction Holds can be placed if: Your buyer opens a case under an eBay Buyer Protection Program (see Part I, Section 5/eBay Money Back Guarantee Programs ). If the buyer's claim is successful, you must reimburse the eMBG Service Provider for the amount refunded to the buyer according to the applicable User Agreement and eMBG policy. We will secure the reimbursement claim of the eMBG Service Provider against you by placing a hold on the relevant amount until the case is decided. If the case is resolved in your favor or if you are found to be protected under the Seller Protection Program, we will release the hold and disburse your funds. Your buyer (or the holder of the payment instrument used to pay for the transaction) opens a payment dispute with its payment service provider (see Part I, Section 5/Disputes ). If the buyer's claim is successful, you must reimburse us for the amounts refunded to the buyer as described in Part I, Section 5/Disputes. We will secure our reimbursement claim against you by placing a hold on the relevant amount until the case is decided by the buyer’s payment service provider. If the case is resolved in your favor or if you are found to be protected under the Seller Protection Program, we will release the hold and disburse your funds. Additionally, we may place a hold on funds depending on your seller status, changes to your account status, or other factors we use to help ensure a safe marketplace. We place such holds to ensure that sellers successfully fulfill the order and that refunds for potential buyer-requested returns, eMBG claims, or disputes filed by a buyer can be executed effectively. New, dormant, and infrequent sellers may experience holds for up to 30 days while becoming established on eBay in accordance with eBay’s best selling practices and building a strong selling history. Previously restricted or suspended sellers may experience holds for the 30 days after the restriction or suspension is lifted, while we confirm that the order has been successfully fulfilled. Unusual selling patterns, like an unexpected surge in sales, a change in business type, a change in average selling price or the type of items being sold, or the sale of high-priced items may lead to holds for up to 30 days or until the fulfillment of the order is confirmed to help us ensure that buyers don't have any issues with the order. The authentication process may lead to holds for up to 30 days until the authenticity of items sold with eBay's Authenticity Guarantee can be confirmed. For specific shipping methods such as local pick-up, holds may be placed to ensure that the seller completes the delivery of the item according to the conditions stated in the item description. The hold will be lifted when the delivery is confirmed, e.g. by scanning a QR code at local pick-up. If we have identified an increased risk of seller performance issues, for example if multiple buyers have reported problems or if we see excessive cancellations related to an account, we may place a hold on a transaction to ensure that the seller completes the fulfillment of the order. The hold will be lifted when the successful fulfillment is confirmed. Holds applied as described above for a certain period of time to secure the successful fulfillment of buyer’s orders may be applied for longer periods of time in cases of extended delivery times. Account Holds can be placed in the following cases: Failed or incomplete identification and verification process. If you do not assist us in the identification and verification process, for example, if you do not provide us with the information and/or documents necessary to identify and verify you or your company in accordance with the applicable legal requirements (see Part I, Section 2, Step 3/Confirm Your Identity ), we cannot pay out your funds. Once you provide the requested information, and we can verify your identity, we will release the hold, and your funds can be disbursed. The duration of the hold depends on how fast you provide the required documents. Compliance and risk reasons. We may hold payouts in order to fulfill our legal obligations in the following cases: As a regulated payment entity, we are legally required to implement an effective risk management program and robust measures to prevent fraud, money laundering, and terrorist financing. This includes measures to ensure that we can fulfill our payment obligations at all times, including and in particular towards our users. If we identify a financial, fraud or money laundering/terrorist financing risk, we will hold your payouts. A financial or fraud risk exists if payments could be made by or to an unauthorized third party instead of you (e.g., in case of an “account takeover,” when a third party has gained unauthorized access to your eBay account) or if you violate applicable law, these Payments Terms of Use, the applicable User Agreement or any other eBay Policies, and your actions could cause other users or us to suffer a loss or financial or reputational damages. We or our Affiliated Companies may be legally obligated to block your payouts. We may receive an order by an authority to freeze your funds, or the Affiliate providing the eBay Services to you may be legally required under certain conditions to ensure that no payments are made to you and to notify us accordingly, as in the case of eBay GmbH which must comply with the requirements under the EU's DAC7 Directive, as transposed into national law (Sec. 23 sentence 2 no. 2 PStTG). If we hold your payouts due to compliance and risk reasons, we will notify you and may request additional information from you. Once we have received the requested information or the risk is otherwise resolved, we will release the hold and your funds can be disbursed. The duration of the hold depends on how quickly you provide the information or how quickly the risk is otherwise resolved. Performance holds: We hold your payouts if we identify unusual activity associated with your account, such as increased number of customer claims, a drop in your seller status to “below standard,” a sudden change in your selling activity or an unusually high percentage of late deliveries or negative buyer feedback. We will only apply a hold in this case if the unusual activity associated with your account is material in the sense that, according to our experience based on comparable cases in the past, it leads to a risk for all of your potential buyers regarding the fulfillment of the delivery of the order or the effective execution of refunds for potential buyer-requested returns, eMBG claims, or disputes filed by a buyer. The duration of these holds depends on how fast the issues underlying the identified unusual activity are resolved. Invalid payment method: We may put your payouts on hold if we can't deduct your selling fees and other Owed Amounts from any of your payment instruments on file. In this case, once you add another payment method, the hold will be released. 7. Corrective Measures If we become aware of suspected or actual fraud or other security threats affecting your eBay account, we will notify you by email and provide you with instructions on how to protect such account. 8. Financial Regulations Consent eBay Sarl will share information you provided to eBay Sarl with our Affiliates or third parties only for the purpose of such Affiliates and third parties assisting us in providing Managed Payments as described in Part I, Section 6/Third-Party Providers , or in accordance with the following consent. You expressly consent to eBay Sarl sharing your information with our Affiliates or third parties under the conditions and for the purposes as described below. By sharing this information, we and the respective Affiliate will be able to comply with applicable law. This will allow us and our Affiliates to continue to provide our services to you. We may share your information with eBay GmbH or other eBay Affiliates which are obligated under the Digital Services Act (Regulation (EU) 2022/2065 of the European Parliament and of the Council of 19 October 2022 on a Single Market For Digital Services and amending Directive 2000/31/EC) to obtain such information from you. The Digital Services Act obligates online platform providers like eBay to obtain and validate certain information from professional sellers offering goods and services to consumers in the EU. Such information can among others include identification information about you (including for example a copy of your identification document or an equivalent electronic document), information on your account with us (including information related to your Linked Financial Account), as well as the results of any verification of such information performed by us. We may share with eBay GmbH (the entity providing the eBay Services to customers in the EU under the User Agreement ) your Linked Financial Account information and the total amounts paid to you in a given quarter including amounts withheld for fees and taxes, as well as any other information about you to allow eBay GmbH to comply with its obligations under the EU DAC7 tax directive (Council Directive (EU) 2021/514 of 22 March 2021 amending Directive 2011/16/EU on administrative cooperation in the field of taxation). Under this directive as transposed into national law, eBay GmbH is required to collect customer information for certain sellers and report this to EU tax authorities. We may share with eBay Inc. (the entity that facilitates the offer, sale, and purchase of goods and services on the eBay.com e-commerce marketplace) your Linked Financial Account information to enable eBay Inc. to comply with United States federal and state laws that require online marketplaces to collect and verify certain information regarding high-volume third party sellers of consumer products on such online marketplaces. These laws include the United States INFORM Consumers Act (H.R. 2617 – 117th Congress (2021-2022)) and any such substantially similar laws as may be adopted in the United States from time to time. We may, directly or through our Affiliates, disclose account information to intellectual property rights owners on the basis of applicable national law of an EU member state in an out-of-court disclosure process, in the event of an infringement of their intellectual property rights for which our payment services have been used (including, but not limited to, Art. 19 of the German Trademark Act). We may disclose to tax authorities in the EU your account information and details on your cross-border payment transactions, as well as any other information required to comply with our obligations under the CESOP Directive (Council Directive (EU) 2020/284 of 18 February 2020 amending Directive 2006/112/EC), as transposed into national law in the EU Member States. 9. Account Activity If you did not access your eBay account for six consecutive years and no transactions have been initiated for three consecutive years, we will treat the relationship as inactive. If the account holds no funds, we may permanently close it and discontinue maintaining its records and access to related services. If the account holds a balance, we will notify you at the email address on file and provide the option to either keep the account open and maintain the balance or withdraw the balance, subject to these Payments Terms of Use. 10. General Provisions Exclusion of Certain Provisions for Non-Consumers If you are a business which uses the Payment Services, you agree that Articles 79 (1), 81 (3), 86, 88, 89, 90, 93, and 101 and Title III of the Law of 10 November 2009 on payment services shall not apply to your use of the Payment Services. If you are an individual acting in your own capacity and not on behalf of a business, you may not use the Payment Services to receive or transfer funds on behalf of another natural person or a legal entity. Any complaints about eBay Sarl or the services it provides should first be addressed to eBay Sarl. You agree that all responses from eBay Sarl relating to such complaints may be sent to you by email. Should you not be satisfied with eBay Sarl’s responses, you may also escalate your complaint to the CSSF ( www.cssf.lu ), which is the competent authority to receive out-of-court complaints by customers of payment service providers authorized in Luxembourg. For further information please refer to our Complaints Procedure . We will communicate with you in the language(s) in which we provided these Payments Terms of Use to you. You agree that we may give you notice or other information by posting it in your eBay Account, emailing it to your registered email address, mailing it to your registered physical address, calling your phone number, or sending you mobile messages. Legal notices to eBay Sarl (except for termination notices pursuant to Part I, Section 10) shall be served by mail to the following address: eBay S.à .r.l., 22-24 Boulevard Royal, L-2449 Luxembourg. You may request a copy of any legally required disclosures (including these Payments Terms of Use) from us; we will then provide it to you in a format which allows you to store and reproduce the information (for example, by email) or, upon your request, on paper. Governing Law and Jurisdiction These Payments Terms of Use shall be governed by and construed in accordance with the laws of the Grand Duchy of Luxembourg. If you are acting as a consumer (rather than as a business) and if mandatory statutory consumer protection regulations in your country of residence contain provisions that are more beneficial for you, such provisions shall apply irrespective of the choice of Luxembourg law. As a consumer, you may bring any judicial proceedings relating to the General Payments Terms and these Additional Payments Terms for Payment Services provided by eBay Sarl before the competent court of either your place of residence or eBay Sarl's place of business in Luxembourg. If eBay Sarl wishes to enforce any of its rights against you as a consumer, we may do so only in the courts of the jurisdiction in which you are a resident. If you are acting as a business seller, you agree to submit to the exclusive jurisdiction of the courts of the Grand Duchy of Luxembourg. IV. ADDITIONAL TERMS FOR SERVICES PROVIDED BY ECCA In addition to the General Payments Terms above, the following provisions apply with respect to Payment Services you receive from eCCA. Within this section, “ we ” or “ us ” refers to eCCA. As between you and eCCA, these Payments Terms of Use incorporate by this reference the User Agreement . In the event of any conflict between the User Agreement and these Payments Terms of Use, these Payments Terms of Use will govern. We may change, discontinue, enhance, or modify features of Managed Payments at any time. 1. Payment Service; Disabling Payment Methods The acceptance of a buyer's payment instrument (for example, their Visa card), once it has been authorized for payment, satisfies the buyer's payment obligation to you, regardless of whether we actually settle such payment to you. In the event that we do not make any such payment to you as described in these Payments Terms of Use, you will have recourse against us only and not against the buyer. To the extent permissible under the rules of any third-party or governmental body with jurisdiction over us, you agree that we are not liable for your acts and omissions and you understand that we disclaim any such liability. We may disable specific payment method(s) available to buyers for all or some of your listings if we reasonably believe the use of such payment methods for your transactions will increase regulatory, financial, or other risk to us. For example, if you would like to offer a high-priced item with a new eBay account, we may disable such payment methods where the amount is credited with a time delay after the transaction (e.g. direct debit or payment upon invoice). In assessing the risk, we consider relevant factors such as your sales history, service status, eBay account history, risks associated with certain item categories, transaction value, and number and monetary amounts of eMBG cases. We will re-enable the affected payment method(s) for your listings once the risk no longer exists. 2. Authorization to Pay The authorization to pay for Owed Amounts in accordance with Part I, Section 8 is an electronic pre-authorized debit agreement (“ PAD Agreement ”) that you are entering into for business purposes to allow eBay to debit your designated bank account, and is subject to the rules of Payments Canada. By completing registration for Managed Payments, you hereby authorize eCCA (or its Affiliates) and the financial institution that has issued your Linked Financial Account to debit your Linked Financial Account for Owed Amounts in variable amounts at such intervals as when you have Owed Amounts that are due and owing and we are unable to collect such Owed Amounts from your current or future disbursements. You agree to waive all pre-notification requirements under the Payments Canada rules in respect of any variable debits originated under this PAD Agreement. eCCA will notify you by email regarding any one-time or sporadic debits in order to obtain your authorization. eCCA, or its Affiliates, will charge your account a CDN$ 7.00 fee by way of a separate debit for each and every debit transaction authorized above that is unsuccessful or returned unpaid by your financial institution. We shall have no liability to you whatsoever caused by a dishonored debit. If you would like to cancel this PAD Agreement, you may do so at any time by contacting eCCA. If you cancel this PAD Agreement without providing a new authorization, we may suspend or cancel your Payment Services and eBay may suspend or cancel your eBay Services. You have certain recourse rights if any debit does not comply with this PAD Agreement. For example, you have the right to receive reimbursement for any debit that is not authorized or is not consistent with this PAD Agreement. To obtain more information on your recourse rights, or for further information on your right to cancel this PAD Agreement and applicable forms, you may contact your financial institution or visit www.payments.ca. 3. RPAA Trust Arrangement Funds received by us on your behalf represent an unsecured claim for payment against us, but do not constitute deposits. eCCA may combine your funds with the funds of other eCCA customers in pooled custodial accounts, in accordance with this section (3/RPAA Trust Arrangement), and may invest the funds in accordance with applicable law. You do not have any ownership interest in these investments and any interest earned from these investments will be retained by us. " Beneficiary " means (i) you, (ii) any other end-user (within the meaning of the RPAA), in each case from whom, or for whom, eCCA receives and holds funds where such funds are transferred to eCCA with the intention that they be held in trust and (iii) any income beneficiary designated under the Declaration of Trust; " Client Funds " means your funds that eCCA receives and holds in accordance with these Payments Terms of Use; " Declaration of Trust " means the declaration of trust entered into between eCCA, as initial settlor, and the Trustee, as such declaration of trust may be amended, modified, supplemented and replaced from time to time; " eCCA Trust " means the trust established by the Declaration of Trust to hold Trust Property in trust for the benefit of the Beneficiaries; " Financial Institution " means a Canadian regulated entity referred to in one of paragraphs 9(a) to (d) or (f) to (h) of the RPAA; " Income " means any interest or other investment income or earnings that may be earned on the Client Funds held in a Trust Account; " In-Transit " means the period commencing at the point in time eCCA receives an instruction to immediately transfer or withdraw funds to or from an account, including the Trust Account, until the point in time at which such transfer or withdrawal is complete; " RPAA " means the Retail Payment Activities Act (Canada); " Trust Account " means a segregated omnibus trust account maintained by and in the name of the Trustee as trustee on behalf of the Beneficiaries at a Financial Institution; " Trustee " means the person or entity appointed by eCCA pursuant to the Declaration of Trust as trustee of the eCCA Trust and any successor or replacement trustee; " Trust Property " means (i) all Client Funds, and (ii) any other property held in trust pursuant to the Declaration of Trust. Trust Arrangement; Safeguarding of Funds eCCA has established the eCCA Trust for purposes of holding and safeguarding end-user funds in trust, including Client Funds. By using the Payment Services, you intend for your Client Funds to be held in the eCCA Trust in trust for your benefit and eCCA agrees to hold your Client Funds in the eCCA Trust, in trust, in accordance with these Payments Terms of Use and the Declaration of Trust. eCCA has been appointed as the initial Trustee of the eCCA Trust. You acknowledge that eCCA has the right to replace the Trustee with one or more successor Trustees at any time, in each case, in its sole discretion, and, except where prohibited by applicable law, without prior notice to or consent from you. Once your Client Funds are received by eCCA and have cleared and settled and all applicable hold periods have expired, your Client Funds will be deposited and held in the eCCA Trust, in trust, by the Trustee in one or more Trust Accounts with a Financial Institution designated by the Trustee in its sole discretion. The Trustee will deposit and hold your Client Funds in such Trust Account separate and apart from the Trustee’s own property and eCCA’s property. The Trustee will record the Client Funds beneficially owned by you in the ledger maintained by the Trustee for this purpose. Neither eCCA nor the Trustee may use your Client Funds in the conduct of its business. Neither eCCA nor the Trustee may loan, hypothecate, pledge, or otherwise encumber your Client Funds. Until your funds are received by eCCA and have cleared and settled and all applicable hold periods have expired, your funds are In-Transit. In-Transit funds are not held in trust by the Trustee. Subject to any payment instructions you provide to eCCA, you authorize eCCA and the Trustee to: (a) transfer your Client Funds to and from Trust Accounts, and to and from eCCA settlement accounts in its discretion without notice to you; and (b) in connection with such transfers to submit instructions and disclose your personal information (including electronic transaction information) to: (i) the Financial Institutions; (ii) third party service providers; and (iii) eCCA and/or the Trustee, as applicable. Funds that are withdrawn from the Trust Account will become In-Transit funds and will no longer be Trust Property. You acknowledge and agree that: eCCA is not a bank or a Financial Institution and is not itself a Canada Deposit Insurance Corporation member institution; eCCA is not a professional trustee and funds held in a Trust Account are not eligible for Canada Deposit Insurance Corporation insurance protection at the beneficiary level; and funds In-Transit are not Trust Property, are not held in trust and are not held in a Trust Account. You also acknowledge and agree that any interest or other investment income or earnings that may be earned on the Client Funds held in a Trust Account (" Interest ") are owned by eCCA and do not form part of the Trust Property. You hereby assign, transfer and convey over to eCCA any and all rights to such Interest and acknowledge and agree that you have received good and sufficient consideration (with nominal value) for such assignment. Neither the eCCA nor the Trustee will have any duty to invest the Client Funds other than the obligation to deposit the Client Funds into one or more Trust Accounts in accordance with Section 3.2(b). 4. Legal Disputes PLEASE READ THIS SECTION CAREFULLY. IT AFFECTS YOUR RIGHTS AND WILL HAVE A SUBSTANTIAL IMPACT ON HOW CLAIMS YOU AND EBAY HAVE AGAINST EACH OTHER ARE RESOLVED. You and eCCA agree that any claim or dispute at law or equity that has arisen, or may arise, between you and eCCA (including any claim or dispute between you and a third-party agent of eCCA) that relates in any way to or arises out of this or previous versions of these Payments Terms of Use, your use of or access to the Payment Services, the actions of eCCA or its agents, will be resolved in accordance with the provisions set forth in this Legal Disputes Section. Law and Forum for Disputes if you do not reside in Quebec – These Payments Terms of Use and any dispute or claim you have against eBay shall be governed in all respects by the laws of the Province of Ontario and the federal laws of Canada applicable therein. Except as otherwise agreed by the parties or as described in the Arbitration Option paragraph below you agree to submit to the jurisdiction of the courts located in Toronto, Ontario for the resolution of and all claims or disputes you may have against eCCA. Law and Forum for Disputes if you reside in Quebec – These Payments Terms of Use and any dispute or claim you have against eCCA shall be governed in all respects by the laws of the Province of Quebec and the federal laws of Canada applicable therein. Arbitration Option – For any dispute or claim (excluding claims for injunctive or other equitable relief) where the total amount of monetary relief sought is less than CDN$15,000, the parties may elect to resolve the dispute in a cost-effective manner through binding arbitration. In the event that the parties agree to arbitration, such arbitration shall be conducted pursuant to the simplified arbitration procedure set out in the arbitration rules of the ADR Institute of Canada, in force at the time of the dispute. Unless the parties agree or the arbitrator determines otherwise, the arbitration shall not involve any personal appearance by the parties or witnesses and shall be conducted by telephone, online and/or be solely based on written submissions. Any judgement on the award rendered by the arbitrator may be entered in any court of competent jurisdiction. Improperly Filed Claims – All claims you bring against eCCA must be resolved in accordance with this Resolution of Disputes Section. All claims filed or brought contrary to the Resolution of Disputes Section shall be considered improperly filed. Should you file a claim contrary to the Resolution of Disputes Section, eCCA may recover attorneys' fees and costs up to CDN$1500, provided that eBay has notified you in writing of the improperly filed claim, and you have failed to promptly withdraw the claim. Except as stated otherwise, legal notices to eCCA shall be served on eCCA's national registered agent. [Does not apply if you reside in Quebec] Any translation of these Payments Terms of Use and all related documents is done for our users' convenience and in the event of a dispute between the English and French version, the English version of these Payments Terms of Use and all related documents shall govern. If you are a resident of the Province of Quebec, the following clause applies: The parties hereby confirm that they have requested that these Payments Terms of Use and all related documents be drafted in English. Les parties ont exigé que la présente convention et tous les documents afférents soient rédigés en langue anglaise. V. ADDITIONAL TERMS FOR SERVICES PROVIDED BY ECA In addition to the General Payments Terms above, the following provisions apply with respect to Payment Services you receive from eCA. Within this section, “ we ” or “ us ” refers to eCA. As between you and eCA, these Payments Terms of Use incorporate by this reference the User Agreement . In the event of any conflict between the User Agreement and these Payments Terms of Use, these Payments Terms of Use will govern. We may change, discontinue, enhance, or modify features of Managed Payments at any time. If eCA is your Payout Entity, we will notify you of any material changes or modifications to the features of Managed Payments through eBay messages (in My eBay) or directly to the email address linked to your account. 1. Disabling Payment Methods We may disable specific payment method(s) available to buyers for all or some of your listings if we reasonably believe the use of such payment methods for your transactions will increase regulatory, financial, or other risk to us. For example, if you would like to offer a high-priced item with a new eBay account, we may disable such payment methods where the amount is credited with a time delay after the transaction (e.g. Buy Now Pay Later). In assessing the risk, we consider relevant factors such as your sales history, service status, eBay account history, risks associated with certain item categories, transaction value, and number and monetary amounts of eMBG cases. We will re-enable the affected payment method(s) for your listings once the risk no longer exists. 2. Unsuccessful Direct Debits We will charge your account an AUD 8.00 fee by way of a separate debit for every debit transaction for an Owed Amount that is unsuccessful or returned unpaid by your financial institution. We shall have no liability to you whatsoever caused by a dishonored debit. 3. Legal Disputes If a dispute arises between you and eCA, our goal is to provide you with a neutral and cost-effective means of resolving the dispute quickly. We strongly encourage you to first contact us to seek a resolution. If your dispute is not resolved by contacting Customer Service, all legal notices and formal disputes should be sent to eCA's registered agent in accordance with the “ Notices ” Section below. We will consider reasonable requests to resolve the dispute through alternative dispute resolution procedures, such as mediation or arbitration, as alternatives to litigation. Law and Forum for Legal Disputes These Payments Terms of Use will be governed in all respects by the laws of New South Wales. We encourage you to try and resolve disputes using certified mediation (such as online dispute resolution processes). If a dispute cannot be resolved then you and eCA irrevocably submit to the non-exclusive jurisdiction of the courts of New South Wales, Australia. Legal notices must be served on eCA’s registered agent (in eCA’s case) or to the registered email address associated with your account (in your case). Notice will be deemed given 24 hours after email is sent, unless the sending party is notified that the email address is invalid or that the email has not been delivered. Alternatively, we may give you legal notice by mail to the address provided by you during the registration process. In such case, notice will be deemed given three business days after the date of mailing. Any notices to eCA's registered agent must be given by registered ordinary post (or if posted to or from a place outside Australia, by registered airmail) to eBay Commerce Australia Pty Ltd c/o Mills Oakley, Level 7, 151 Clarence Street, Sydney NSW 2000. VI. ADDITIONAL TERMS FOR SERVICES PROVIDED BY ECUK In addition to the General Payments Terms above, the following provisions apply with respect to Payment Services you receive from eCUK. Within this section, “ we ” or “ us ” refers to eCUK. As between you and eCUK, these Payments Terms of Use incorporate by this reference the provisions of the User Agreement to the extent applicable to these Payments Terms of Use. In the event of any conflict between the User Agreement and these Payments Terms of Use, these Payments Terms of Use will govern. 1. Business Users We can agree different terms with customers who are not micro-enterprises, charities or consumers. For the purposes of these Payments Terms of Use: A micro-enterprise is an enterprise, which employs fewer than 10 persons, and has a turnover or annual balance sheet that does not exceed €2 million; A charity is a body whose annual income is less than £1 million and is a charity as defined in England and Wales by section 1(1) of the Charities Act 2011, in Scotland by section 106 of the Charities and Trustee Investment (Scotland) Act 2005, or in Northern Ireland by section 1(1) of the Charities Act (Northern Ireland) 2008; and A consumer is an individual acting for purposes other than a trade, business or profession. If you become a micro-enterprise, charity or consumer, you should immediately notify us, and the terms applying to those customers (as indicated in these Payments Terms of Use) will apply to you. If you are no longer a micro-enterprise, charity or consumer, then you should notify us immediately, and the terms applying to those customers (as indicated in these Payments Terms of Use) will no longer apply to you . Provided that you are not a micro-enterprise, charity or consumer, you agree that: Part 6 and regulations 66(1), 67(3) and (4), 75, 77, 79, 80, 83, 91, 92, and 94 of the Payment Services Regulations 2017 do not apply in respect of these Payments Terms of Use; If you become aware of any unauthorised transactions then you will notify eCUK by contacting the Customer Service via any of the available communication methods (e.g. Contact Us form, chat) without undue delay, and in any event no later than sixty (60) days after the debit date; eCUK will not be liable to you for any unauthorized transaction unless you have notified it in accordance with (b) above; eCUK will not be liable to you for any unauthorized transaction if it has reasonable grounds to suspect that you have acted fraudulently. 2. Payment Service; Disabling Payment Methods You authorize eCUK to acquire and settle payments that it receives on your behalf. When you sell an item on eBay, you are deemed to be a payee, with eCUK acting as your payment service provider. In a refund, chargeback, or similar scenario, or if you use your funds to pay, you may be deemed to be a payer, again with eCUK acting as your payment service provider. Unless subject to a hold as described in these Payments Terms of Use, your transaction proceeds will generally be available for settlement to your Payout Entity or your E-Money Account (as defined below) within one to two business days after buyer payment is confirmed in checkout, although actual availability may vary depending on the buyer’s payment method and when the payment is received by us. In some cases (for example, if you are a new seller on eBay, or if you are a private seller in the UK), funds may become available for disbursement after the item is deemed delivered, as described in this help page . If eCUK is your Payout Entity, eCUK will issue electronic money to you on receipt of funds received following the settlement process described above and will open, hold and operate an electronic money account (the E-money Account) for you. You will only be able to fund your E-Money Account using the amounts settled following your sale of an item on eBay and by eCUK issuing electronic money to you on receipt of funds received following the settlement process described above in respect of such sale. In some circumstances we may issue electronic money to you and allow you to use such electronic money to make payment transactions before funds have been credited to eCUK’s own account. From time to time, it may be possible for you to use your electronic money to make eligible purchases on ebay.co.uk. In such cases you will be deemed to be payer, and eCUK will be providing you with payment services related to the issuance of e-money. If you use your electronic money to make an eligible purchase on ebay.co.uk, and are subsequently refunded in respect of such purchase, eCUK will issue you with electronic money on receipt of the proceeds relating to the refund. The acceptance of a buyer’s payment instrument (for example, their Visa card), once it has been authorized for payment, satisfies the buyer’s payment obligation to you, regardless of whether we issue electronic money to you in respect of such sale to the buyer. In the event that we do not issue electronic money to you as described in these Payments Terms of Use, you will have recourse against us only and not against the buyer. To the extent permissible under the rules of any third-party or governmental body with jurisdiction over us, you agree that we are not liable for your acts and omissions and you understand that we disclaim any such liability. We may disable specific payment method(s) available to buyers for all or some of your listings if we reasonably believe the use of such payment methods for your transactions will increase regulatory, financial, or other risk to us. For example, if you would like to offer a high-priced item with a new eBay account, we may disable such payment methods where the amount is credited with a time delay after the transaction (e.g. direct debit or payment upon invoice). In assessing the risk, we consider relevant factors such as your sales history, service status, eBay account history, risks associated with certain item categories, transaction value, and number and monetary amounts of eMBG cases. We will re-enable the affected payment method(s) for your listings once the risk no longer exists. 3. Execution of Payment Transactions When you, as a payee or payer, use Managed Payments, the payment transactions will be executed in accordance with the payment schemes rules and procedures, or as otherwise agreed. Required Information You must ensure we are provided with the data required for us to execute the payment transaction. If we are executing a payment in respect of a refund owed to a buyer (of an item you sell on eBay) and we do not have sufficient data to execute such transaction we reserve the right to ask the buyer’s payment service provider for the required information. We require the following information for the execution of a payment transaction: Your eBay username, The buyer’s name (where applicable), The buyer’s eBay username, and any other data about the buyer which the buyer’s payment service provider or we may require (where applicable), The currency of the payment transaction (if possible, in abbreviated form), The amount of the payment transaction, and The beneficiary’s payment details. We may also require specific information, such as a one-time authorization code sent to your verified phone number or email address, to authenticate a payment transaction (or to allow you to access certain information related to Managed Payments on eBay). To the extent reasonably possible, we will automatically utilize the information stored in our systems. Where the required information provided by you or (where applicable) the buyer is not fully available or is inaccurate, we will not bear any liability for any damage, delay, or other consequence from the non-execution or defective execution of the relevant payment transaction. Receipt of Payment Orders A payment order will be deemed to have been received by us if: Carried out by means of a payment card, then in accordance with the card schemes rules; or Received by our available electronic communication channels, then on the business day when it is actually received by us. If the payment order is not received on a business day, it will be deemed to be received on the next business day. “Business days” in this Part VI of these Payments Terms of Use shall mean the days on which banks in London are open for regular business. You may not revoke a payment order after we have received it. However, if we have agreed that a payment order will be executed on a certain future date, the business day prior to this future date will be the latest you can revoke the payment order. Refusal of Payment Orders We reserve the right to refuse the execution of a payment order when: The payment order information contains factual errors and/or is incomplete; You have not satisfied your obligations under these Payments Terms of Use or any other agreement between you and us; There are doubts about the validity of the instruction, or the identity or authority of the person giving the payment order; or The payment order, if executed, would lead to a breach of the applicable rules, laws, or regulations. We may charge a reasonable fee for such a refusal. You acknowledge that when executing a payment transaction, we may have to disclose information mentioned above and your legal address to the other party’s payment service provider and, where relevant, also to intermediaries involved in the execution of the payment transaction. You expressly accept and instruct us to disclose such data. Where you are the payer, the execution of the transaction may depend on us having received the respective amount from you prior to the execution, or there being sufficient funds in your E-Money Account to fund the transaction. 4. Redemption of E-Money If we are your Payout Entity and provide you with an E-Money Account, we will, on your instruction, redeem the electronic money held in your E-money Account and pay the proceeds of redemption (the monetary value of the electronic money you have redeemed) to your Linked Financial Account. Payments to your Linked Financial Account will generally be initiated either automatically according to the schedule you have pre-selected (if scheduled payments are available to you) or “on demand” based on an individual redemption instruction we receive from you. However, if your E-money Account is not configured to include a regularly scheduled redemption, we may periodically redeem the electronic money held in your E-money Account and send the redemption proceeds to your Linked Financial Account. If scheduled payments are available to you and you opt to redeem electronic money in your E-Money Account according to a pre-selected schedule, your redemption proceeds, other than those being held in accordance with these Payments Terms of Use will be paid out to your Linked Financial Account according to the payout schedule agreed with you. For example, if you select monthly payouts, a single settlement will be initiated automatically once a month for all transactions that have settled to your E-Money Account on or before that day. If you request a payout on demand, a single settlement will be initiated for all transactions that have settled to your E-Money Account on or before that day. You may be able to choose to redeem only a portion of your available balance in your E-Money Account, leaving the rest in your E-money Account. Transaction proceeds will generally settle to your Linked Financial Account within two business days of initiating disbursement to you, although actual settlement times may vary for individual transactions depending on circumstances such as your bank’s processing times. We may diverge from the redemption and payout process as needed for compliance or risk reasons. We may also require specific information, such as a one-time authorization code sent to your verified phone number or email address, to authenticate a payout of redemption proceeds. If we are unable to settle your redemption proceeds, then, depending on the reason why we are unable to settle your redemption proceeds, we may refund the buyer (e.g., in the event that we cannot process your information due to technical reasons etc.) or otherwise process these funds in accordance with applicable law. We will provide you with monthly statements of your transactions free of charge, which can be accessed in the Seller Hub . The balance on your E-money Account is not a deposit. You will not receive interest or any other earnings on the money held in your E-money Account. The Financial Services Compensation Scheme is not applicable for this E-money Account. No other compensation schemes exist to cover losses claimed in connection with your E-money Account. The Electronic Money Regulations 2011 imposes requirements on us about how we hold these funds. We will ensure that once we have received your funds they are deposited in a safeguarded account, specifically for the purpose of redeeming transactions made from your E-money Account. In the event that we become insolvent, funds that have arrived with and been received and credited by us into your E-money Account are protected against the claims made by creditors. 5. Liability for Unauthorized Payment Transactions You will be fully liable for all losses relating to an unauthorized payment transaction if you acted fraudulently with respect to such a payment transaction, or if you failed to fulfil one or more of the obligations under this agreement (such as keeping your credentials safe or notifying us without undue delay if you have lost your security credentials or think they may have been stolen) with intent or gross negligence. We ask you to keep your security credentials safe. This means you should not share your security credentials with anyone, and you should disguise or protect your security credentials if you write them down or store them. If you think someone has used or is able to access your E-money Account, you must tell us as soon as you can. 6. Our Liability We will refund you in full and are liable for losses directly and reasonably foreseeably incurred by an incorrectly or non-executed payment transaction, provided that you have informed us of such transaction without undue delay after becoming aware of the defect and in no event later than: (i) thirteen (13) months after the transaction was executed if you are a consumer, micro-enterprise or charity; or (ii) sixty (60) days after the transaction was executed if you are using the Payment Services as a business which is not a consumer, micro-enterprise or charity, in each case unless we failed to make information about the transaction available to you. However, we won't refund you if: We reasonably think you acted fraudulently (and we may involve the police) You are not a consumer, micro-enterprise or charity, and you didn’t take steps to keep your E-Money Account secure; You are a consumer, micro-enterprise or charity, and you deliberately or with gross negligence didn’t keep your E-money Account secure. To the fullest extent permitted by applicable law, we and our Affiliates (and our and their respective employees, directors, agents and representatives) will not be liable for any direct lost profits, any indirect lost profits, or any special, incidental or consequential damages (including without limitation damages for loss of data or loss of business) arising out of or in connection with these Payments Terms of Use or Managed Payments (including the inability to use Managed Payments). In addition, to the fullest extent permitted by applicable law, in no event will aggregate liability of us or our Affiliates (and our and their respective employees, directors, agents and representatives) arising out of or in connection with these Payments Terms of Use, the transactions contemplated hereby, or Managed Payments exceed the actual amount of direct damages (excluding direct loss of profits), whether in contract, tort (including negligence, product liability or other theory), warranty, or otherwise. Without limiting the foregoing, in no event will we or any of our Affiliates be liable to you for any failure or delay by us (or our employees, agents, or representatives) in performing our obligations under these Payments Terms of Use, where such failure or delay is caused by abnormal and unforeseeable circumstances beyond our control, the consequences of which would have been unavoidable despite all reasonable efforts to the contrary, or where we are bound by other legal obligations covered by applicable law. 7. Shipping Labels If buyers purchase a return shipping label at their own expense on the eBay website, eBay may automatically deduct the label costs from the refund amount a buyer receives from you. If this occurs, you agree (as a debtor to the buyer for the refund) to be delegated as a debtor to the shipping carrier for the label costs, and authorize us to use the relevant part of the refund amount to pay the shipping carrier on your behalf. You will not bear any additional shipping costs in this event. 8. Corrective Measures If we become aware of suspected or actual fraud or other security threats affecting your eBay account, we will notify you by email and provide you with instructions on how to protect such account or your E-Money Account. For customers that are consumers, micro-enterprises or charities, Part I, Section 9 (“Amendment”) of the Payments Terms of Use applies. For customers that are not consumers, micro-enterprises or charities, we will notify you of any amendments to these Payments Terms of Use by writing (for example, by posting a revised version of these Payments Terms of Use on our website, including the Seller Hub or the eBay Message Centre). Before the anticipated effective date of such change, we will notify you at least fourteen (14) days prior. Your continued use of Managed Payments and the Payment Services beyond the effective date of the change will constitute your acceptance of the changes. We will generally change these Payments Terms of Use for the following sorts of reasons: if we think it will make them easier to understand or more helpful to you; to reflect the way our business is run, for example if the change is needed because of a change in the way any financial system or technology is provided; to reflect legal or regulatory requirements that apply to us; to reflect changes in the cost of running our business; or because we are changing or introducing new services or products that affect our existing services or products covered by these terms and conditions. If you do not agree to proposed changes, you may terminate these Payments Terms of Use, pursuant to Part VI, Section 10 (“Termination”) below, without any extra cost at any time before the effective date. We always publish the amended Payments Terms of Use on the eBay website. 10. Termination For customers that are consumers, micro-enterprises or charities, Part I, Section 10 (“Term, Termination”) of the Payments Terms of Use applies. For customers that are not consumers, micro-enterprises or charities, Part VI, Section 9 (“Amendment”) of the Payments Terms of Use apply, except that we may terminate these Payments Terms of Use by giving written notice fourteen (14) days prior via email to your registered email address. 11. General Provisions Provided that you are not a micro-enterprise, a charity or a consumer, you agree that Articles 66(1), 67(3), 67(4), 75, 77, 79, 80, 83, 91, 92, 94, and Part 6 of the Payment Services Regulations 2017 shall not apply to your use of the Payment Services. If you are an individual acting in your own capacity and not on behalf of a business, you may not use the Payment Services to receive or transfer funds on behalf of another natural person or a legal entity. Any complaints about eCUK or the services it provides should first be addressed to eCUK. You agree that all responses from eCUK relating to such complaints may be sent to you by email. We will consider any complaint sent by you to us. For further information, please refer to our Complaints Procedure . If you are a consumer, micro-enterprise or charity that is resident in the United Kingdom, you may also escalate your complaint to the Financial Ombudsman Service, which is the competent authority to receive out-of-court complaints by customers of payment service providers authorised in the UK, if you are not satisfied with eCUK’s answer to your complaint. For further information, please refer to the Financial Ombudsman website and the Financial Ombudsman Services Standard Explanatory Leaflet . If you are suspicious about a financial service provided by us, or you want to report a scam, you can make a complaint to the Financial Conduct Authority (www.fca.org.uk). We will communicate with you in the language(s) in which we provided these Payments Terms of Use to you. You agree that we may give you notice or other information by posting it in your eBay Account, emailing it to your registered email address, mailing it to your registered physical address, calling your phone number, or sending you mobile messages. Legal notices to eCUK (with the exception of a termination notice pursuant to Part I, Section 10) shall be served by mail to the following address: eBay Commerce UK Ltd, Hotham House, 1 Heron Square, Richmond upon Thames, Surrey TW9 1EJ, United Kingdom. You may request a copy of any legally required disclosures (including these Payments Terms of Use) from us; we will then provide it to you in a format which allows you to store and reproduce the information (for example, by email) or, upon your request, on paper. Governing Law and Jurisdiction These Payments Terms of Use shall be governed by and construed in accordance with the laws of England and Wales. If you are acting as a consumer (rather than as a business) and if mandatory statutory consumer protection regulations in your country of residence contain provisions that are more beneficial for you, such provisions shall apply irrespective of the choice of English law. As a consumer, you may bring any judicial proceedings relating to the Payments Terms of Use and these additional Payments Terms for Payment Services provided by eCUK before the competent court of either your place of residence or eCUK's place of business in the United Kingdom. If eCUK wishes to enforce any of its rights against you as a consumer, we may do so only in the courts of the jurisdiction in which you are a resident. If you are acting as a business seller, you agree to submit to the exclusive jurisdiction of the English courts. 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