This Terms of Servce is effective upon acceptance for new users, and from 31st August, 2019 for existing users.
This Terms of Service and all policies and additional terms posted on and in our sites, applications, tools and services (collectively “Services”) set out the terms on which Awesome Powered offers you access to and use of our Services. You can find an overview of our policies here. The Mobile Application Terms of Service, all policies and additional terms posted on and in our sites, applications, tools, and services are incorporated into this Terms of Service. You agree to comply with all terms of this Terms of Service when accessing or using our Services.
The entity you are contracting with is: Awesome Powered, No 62, Jalan 3E/KU5, Aman Perdana, 41050 Klang, Selangor, Malaysia. In this Terms of Service, these entities are individually and collectively referred to as “AwesomePowered,” “we,” or “us.”
Please be advised that this Terms of Service contains provisions that govern how claims you and we have against each other are resolved (see “Disclaimer of Warranties; Limitation of Liability” and “Legal Disputes” provisions below). It also 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 Legal Disputes, Section B(“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.
2. About Awesome Powered
Awesome Powered is a marketplace that allows users to offer, sell and buy just about anything in a variety of pricing formats and locations. The actual contract for sale is directly between the seller and buyer. Awesome Powered is not a traditional auctioneer.
Any guidance we provide as part of our Services, such as pricing, shipping, listing, and sourcing is solely informational and you may decide to follow it or not. Also, while we may help facilitate the resolution of disputes through various programs, Awesome Powered has no control over and does not guarantee: the existence, quality, safety or legality of items advertised; the truth or accuracy of users’ content or listings; the ability of sellers to sell items; the ability of buyers to pay for items; or that a buyer or seller will actually complete a transaction or return an item.
3. Using Awesome Powered
In connection with using or accessing the Services you will not:
- post, list or upload content or items in inappropriate categories or areas on our sites;
- breach or circumvent any laws, regulations, third-party rights or our systems, policies, or determinations of your account status;
- use our Services if you are not able to form legally binding contracts (for example, if you are under 18 years old), or are temporarily or indefinitely suspended from using our sites, services, applications or tools;
- fail to pay for items purchased by you, unless you have a valid reason as set out in an Awesome Powered policy, for example, the seller has materially changed the item’s description after you bid, a clear typographical error is made, or you cannot contact the seller (see our Unpaid item policy);
- fail to deliver items sold by you, unless you have a valid reason as set out in an Awesome Powered policy, for example, the buyer fails to comply with the posted terms in your listing or you cannot contact the buyer;
- manipulate the price of any item or interfere with any other user’s listings;
- post false, inaccurate, misleading, deceptive, defamatory, or libelous content;
- take any action that may undermine the feedback or ratings systems (see All about our Feedback policies);
- transfer your Awesome Powered account (including Feedback) and user ID to another party without our consent;
- distribute or post spam, unsolicited or bulk electronic communications, chain letters, or pyramid schemes;
- distribute viruses or any other technologies that may harm Awesome Powered or the interests or property of users;
- use any robot, spider, scraper, data mining tools, data gathering and extraction tools, or other automated means to access our Services for any purpose, except with the prior express permission of eBay;
- interfere with the working of our Services, or impose an unreasonable or disproportionately large load on our infrastructure;
- export or re-export any Awesome Powered application or tool, except in compliance with the export control laws of any relevant jurisdictions and in accordance with posted rules and restrictions;
- infringe the copyright, trademark, patent, publicity, moral, database, and/or other intellectual property rights (collectively, “Intellectual Property Rights”) that belong to or are licensed to Awesome Powered. Some, but not all, actions that may constitute infringement are reproducing, performing, displaying, distributing, copying, reverse engineering, decompiling, disassembling, or preparing derivative works from content that belongs to Awesome Powered or someone else;
- infringe any Intellectual Property Rights that belong to third parties affected by your use of the Services or post content that does not belong to you;
- commercialize any Awesome Powered application or any information or software associated with such application, except with the prior express permission of Awesome Powered;
- harvest or otherwise collect information about users without their consent; or
- circumvent any technical measures used to provide the Services.
Sellers must meet Awesome Powered’s minimum performance standards. Failure to meet these standards may result in Awesome Powered charging you additional fees, and/or limiting, restricting, suspending, or downgrading your seller account.
If we believe you are abusing Awesome Powered and/or our Services in any way, we may, in our sole discretion and without limiting other remedies, limit, suspend, or terminate your user account(s) and access to our Services, delay or remove hosted content, remove any special status associated with your account(s), remove, not display, and/or demote listings, reduce or eliminate any discounts, and take technical and/or legal steps to prevent you from using our Services.
If we believe you are violating the policy on Offers to buy or sell outside of Awesome Powered, you may be subject to a range of actions, including limits on your buying and selling privileges, restrictions on listings and account features, suspension of your account, application of fees, and recovery of expenses for policy monitoring and enforcement. If you are a seller and you offer or reference your contact information or ask a buyer for their contact information in the context of buying or selling outside of Awesome Powered, you may be liable to pay a final value fee applicable to that item, even if the item does not sell.
We may cancel unconfirmed accounts or accounts that have been inactive for a long time. Additionally, we reserve the right to refuse, modify, or terminate all or part of our Services to anyone for any reason at our discretion.
4. Policy Enforcement
When a buyer or seller issue arises, we may consider the user’s performance history and the specific circumstances in applying our policies. We may choose to be more lenient with policy enforcement in an effort to do the right thing for both buyers and sellers.
The fees we charge for using our Services are listed on our Standard selling fees page. We may change our seller fees from time to time by posting the changes on the Awesome Powered site 14 days in advance, but with no advance notice required for temporary promotions or any changes that result in the reduction of fees.
If you are a seller, you are liable for transaction fees arising out of all sales made using some or all Awesome Powered Services, even if sales terms are finalized or payment is made outside of Awesome Powered. In particular, if you offer or reference your contact information or ask a buyer for their contact information in the context of buying or selling outside of Awesome Powered, you may be liable to pay a final value fee applicable to that item, even if the item doesn’t sell, given your usage of Awesome Powered Services for the introduction to a buyer.
You must have a payment method on file when selling through Awesome Powered Services and pay all fees and applicable taxes associated with our Services by the payment due date. If your payment method fails or your account is past due, we may collect amounts owed by charging other payment methods on file with us, retain collection agencies and legal counsel, and, for accounts over 60 days past due, request that PayPal deduct the amount owed from your PayPal account balance. In addition, you will be subject to late fees. Awesome Powered, or the collection agencies we retain, may also report information about your account to credit bureaus, and as a result, late payments, missed payments, or other defaults on your account may be reflected in your credit report. If you wish to dispute the information Awesome Powered reported to a credit bureau please contact us at eBay at firstname.lastname@example.org. If you wish to dispute the information a collection agency reported to a credit bureau regarding your Awesome Powered account, you must contact the collection agency directly.
Seller fees don’t purchase exclusive rights to item exposure on Awesome Powered, whether on a web page, mobile app, or otherwise. We may display third-party advertisements (including links and references thereto) or other content in any part of our Services, in our sole discretion and without consent from, or payment, fee reduction, or other credit to, sellers.
6. Listing Conditions
- You are responsible for the accuracy and content of the listing and item offered,
- Your listing may not be immediately searchable by keyword or category for several hours (or up to 24 hours in some circumstances). Awesome Powered can’t guarantee exact listing durations,
- Your fixed-price listings currently renew automatically every 30 days, based on the listing terms at that time, until the quantities sell out or until you cancel the listing. Effective July 1, 2019, your fixed-price listings may renew automatically every calendar month, based on the listing terms at the time, until all quantities sell or the listing is ended by you or Awesome Powered, in its sole discretion,
- Content that violates any of Awesome Powered’s policies may be modified, obfuscated or deleted at eBay’s discretion,
- We may revise product data associated with listings to supplement, remove, or correct information,
- We strive to create a marketplace where buyers find what they are looking for. Therefore, the appearance or placement of listings in search and browse results will depend on a variety of factors, including, but not limited to:
- buyer’s location, search query, browsing site, and history;
- item’s location, listing format, price and shipping cost, terms of service, end time, history, and relevance to the user query;
- seller’s history, including listing practices, Detailed Seller Ratings, Awesome Powered policy compliance, Feedback, and defect rate; and
- number of listings matching the buyer’s query,
- To drive a positive user experience, a listing may not appear in some search and browse results regardless of the sort order chosen by the buyer,
- Some advanced listing upgrades will only be visible on certain Services,
- eBay’s Duplicate listings Policy may also affect whether your listing appears in search results
- Metatags and URL links that are included in a listing may be removed or altered so as to not affect third-party search engine results,
- We may provide you with optional recommendations to consider when creating your listings. Such recommendations may be based on the aggregated sales and performance history of similar sold and current listings; results will vary for individual listings. To drive the recommendations experience, you agree that we may display the sales and performance history of your individual listings to those of other sellers.
7. Purchase Conditions
When buying an item on Awesome Powered Services, you agree to the Rules and policies for buyersand that:
- You are responsible for reading the full item listing before making a bid or commitment to buy,
- You enter into a legally binding contract to purchase an item when you commit to buy an item, your offer for an item is accepted, or if you have the winning bid (or your bid is otherwise accepted),
- For motor vehicles, a bid or offer initiates a non-binding transaction representing a buyer’s serious expression of interest in buying the seller’s item and does not create a formal contract between the buyer and the seller,
- We do not transfer legal ownership of items from the seller to the buyer.
8. International Buying and Selling; Translation
You authorize us to use automated tools to translate your Awesome Powered content and member-to-member communications, in whole or in part, into local languages where such translation solutions are available. We may provide you with tools which will enable you to translate content at your request. The accuracy and availability of any translation are not guaranteed.
When you provide content using the Services (directly or indirectly), you grant us a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, sublicensable (through multiple tiers) right to exercise any and all Intellectual Property Rights (as defined above) you have in that content in connection with our provision, expansion, and promotion of the Services, in any media known now or developed in the future. To the fullest extent permitted under applicable law, you waive your right to enforce your Intellectual Property Rights in that content against Awesome Powered, our assignees, our sublicensees, and their assignees in connection with our, those assignees’, and those sublicensees’ use of that content in connection with our provision, expansion, and promotion of the Services.
We offer product data (including images, descriptions and specifications) that are provided by third parties (including Awesome Powered users). You may use that content solely in your Awesome Powered listings. Awesome Powered may modify or revoke that permission at any time in our sole discretion. The product data includes copyrighted, trademarked and other proprietary materials. You agree not to remove any copyright, proprietary, or identification markings in the product data and not to create any derivative works based on that data (other than by including the data in your listings).
We try to offer reliable product data, but cannot promise that the content provided through the Services will always be available, accurate, complete, and up-to-date. You agree that eBAwesome Powereday is not responsible for examining or warranting the listings or content provided by third parties through the Services, and that you will not attempt to hold us or our data providers liable for inaccuracies. As a seller, you agree to ensure that content directly associated with your listings is accurate.
The name “Awesome Powered” and other Awesome Powered marks, logos, designs, and phrases that we use in connection with our Services are trademarks, service marks, or trade dress of Awesome Powered in the U.S. and other countries. They may not be used without the express written prior permission of Awesome Powered.
To protect Awesome Powered from risk of liability for your actions as a seller, Awesome Powered has at times recommended, and may continue to recommend, that PayPal restrict access to funds in a seller’s PayPal account based on certain factors, including, but not limited to, selling history, seller performance, returns, riskiness of the listing category, transaction value, or the filing of an Awesome Powered Money Back Guarantee case. This may result in PayPal restricting funds in your PayPal account.
11. Authorization to Contact You; Recording Calls; Analyzing Message Content
Awesome Powered may contact you using autodialed or prerecorded calls and text messages, at any telephone number that you have provided us, to: (i) notify you regarding your account; (ii) troubleshoot problems with your account; (iii) resolve a dispute; (iv) collect a debt; (v) poll your opinions through surveys or questionnaires; or (vi) as otherwise necessary to service your account or enforce this Terms of Service, our policies, applicable law, or any other agreement we may have with you. eBay may also contact you using autodialed or prerecorded calls and text messages for marketing purposes (e.g., offers and promotions), if you consent to such communications. Our collection, use, disclosure, retention, and protection of your personal information is governed by the User Privacy Notice. As described in our User Privacy Notice, Awesome Powered may collect other telephone numbers for you and may place manual non-marketing calls to any of those numbers and autodialed non-marketing calls to any landline. Standard telephone minute and text charges may apply and may include overage fees if you have exceeded your plan limits. If you do not wish to receive such communications, you may change your communications preference at any time, including through the communication preferences section of your My Account.
Awesome Powered may share your telephone number with its authorized service providers as stated in our User Privacy Notice. These service providers may contact you using autodialed or prerecorded calls and text messages, only as authorized by eBay to carry out the purposes identified above.
Awesome Powered may, without further notice or warning and in its discretion, monitor or record telephone conversations you or anyone acting on your behalf has with Awesome Powered or its agents for quality control and training purposes, or for its own protection.
Privacy of Others; Marketing
If Awesome Powered provides you with information about another user, you agree you will use the information only for the purposes that it is provided to you. You may not disclose, sell, rent, or distribute a user’s information to a third party for purposes unrelated to the Services. Additionally, you may not use user information for marketing purposes, via electronic or other means, unless you obtain the consent of the specific user to do so.
12. Additional Terms
Returns and Cancellations
Sellers can create rules to automate replacements, returns, and refunds under certain circumstances. For all new sellers, in listings where returns are accepted, Awesome Powered will set a default rule that automates the return process. Sellers may remove or customize their return preferences in their account settings within My Account. Where settings have been set to automatically accept requests for returns or replacements, an Awesome Powered-generated return shipping label will be provided to your buyer. You agree to comply with our returns policy.
When an item is returned, to refund the buyer, you (as seller) authorize Awesome Powered to request that PayPal remove the refund amount (in same or other currency) from your PayPal account, place the amount on your invoice, and/or charge your payment method on file.
The cost of return shipping for an item that is not as described is the seller’s responsibility.
You (as seller) authorize Awesome Powered to place the return shipping label cost on your invoice, subject to your automatic payment method on file when:
- An Awesome Powered-generated return shipping label is used, and the seller is responsible for its cost;
- Returns have been automated;
- You fail to send your buyer a return shipping label and, instead, an Awesome Powered-generated shipping label is used; and/or
- A transaction is cancelled, and to refund the buyer, you (as seller) authorize Awesome Powered to request that PayPal remove the refund amount (in same or other currency) from your PayPal account. See canceling a transaction for more details.
Global Shipping Program
One of the ways that we may make awesomepowered.com listings available to international buyers on awesomepowered.com and on Awesome Powered’s International Sites is through the Global Shipping Program. For eligible items located in the United States and purchased by an international buyer through the Global Shipping Program, you (as seller) will simply ship the item to a parcel processing facility located in the United States after receiving notification of payment from your buyer. A third-party global shipping provider, will oversee the processing, customs clearance, and international shipment of the item on behalf of your international buyer. To the extent a buyer has a question about your Global Shipping Program listings, Awesome Powered may respond directly to the buyer if the question pertains to the services overseen by our global shipping provider (for example, customs or international shipping). You pay no additional fees for selling through the Global Shipping Program.
Pursuant to a routed export transaction under the U.S. Export Administration Regulations and Foreign Trade Regulations, your buyer, as the Foreign Principal Party in Interest, will agree to assume responsibility for the export shipment, with our global shipping provider acting as your buyer’s forwarding agent. You remain liable for the accuracy of information you provide about items, and you agree to provide timely responses to requests for additional information.
You consent to the disclosure of certain personally identifiable information, as well as listing and order information, by Awesome Powered to our global shipping provider, and by our global shipping provider to its affiliates, service providers, and other third parties (such as customs and revenue authorities, as well as other government agencies), in connection with the processing, export and customs clearance, and international transportation of any item. Awesome Powered does not control the privacy policies of our global shipping provider, its affiliates, or its service providers, and you are subject to the privacy policies of those parties, as applicable.
Additional information about the program, including policies governing feedback, the handling of lost, damaged, and undeliverable items, returns, and the resolution of buyer protection claims for items that you sell through the program, can be found on our Global Shipping Program and Global Shipping FAQs pages.
Awesome Powered Money Back Guarantee
Most Awesome Powered sales go smoothly, but if there’s a problem with a purchase, the Awesome Powered Money Back Guarantee helps buyers and sellers communicate and resolve issues. You agree to comply with the policy and permit us to make a final decision on any Awesome Powered Money Back Guarantee case.
If you (as seller), choose to reimburse a buyer, or are required to reimburse a buyer or Awesome Powered under the Awesome Powered Money Back Guarantee, you authorize Awesome Powered to request that PayPal remove the reimbursement amount (in same or other currency) from your PayPal account, place the amount on your invoice, and/or charge your payment method on file. If we cannot get reimbursement from you, we may collect the outstanding sums using other collection mechanisms, including retaining collection agencies.
We may suspend the Awesome Powered Money Back Guarantee in whole or in part without notice if we suspect abuse or interference with the proper working of the policy.
13. Disclaimer of Warranties; Limitation of Liability
We try to keep our Services safe, secure, and functioning properly, but we cannot guarantee the continuous operation of or access to our Services. Bid update and other notification functionality in Awesome Powered’s applications may not occur in real time. Such functionality is subject to delays beyond Awesome Powered’s control.
You agree that you are making use of our Services at your own risk, and that they are being provided to you on an “AS IS” and “AS AVAILABLE” basis. Accordingly, to the extent permitted by applicable law, we exclude all express or implied warranties, terms and conditions including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, and non-infringement.
In addition, to the extent permitted by applicable law, we (including our parent, subsidiaries, and affiliates, and our and their officers, directors, agents and employees) are not liable, and you agree not to hold us responsible, for any damages or losses (including, but not limited to, loss of money, goodwill or reputation, profits, other intangible losses, or any special, indirect, or consequential damages) resulting directly or indirectly from:
- the content you provide (directly or indirectly) using the Services;
- your use of or your inability to use our Services;
- pricing, shipping, format, or other guidance provided by Awesome Powered;
- delays or disruptions in our Services;
- viruses or other malicious software obtained by accessing or linking to our Services;
- glitches, bugs, errors, or inaccuracies of any kind in our Services;
- damage to your hardware device from the use of any Awesome Powered Service;
- the content, actions, or inactions of third parties, including items listed using our Services or the destruction of allegedly fake items;
- a suspension or other action taken with respect to your account or breach of the Abusing Awesome Powered Section above;
- the duration or manner in which your listings appear in search results as set out in the Listing Conditions Section above; or
Some jurisdictions do not allow the disclaimer of warranties or exclusion of damages, so such disclaimers and exclusions may not apply to you.
Regardless of the previous paragraphs, if we are found to be liable, our liability to you or to any third party is limited to the greater of (a) any amounts due under the Awesome Powered Money Back Guarantee up to the price the item sold for on Awesome Powered (including any applicable sales tax) and its original shipping costs, (b) the amount of fees in dispute not to exceed the total fees, which you paid to us in the 12 months prior to the action giving rise to the liability, or (c) $100.
If you have a dispute with one or more users, you release us (and our affiliates and subsidiaries, and our and their respective officers, directors, employees and agents) from claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, arising out of or in any way connected with such disputes. In entering into this release you expressly waive any protections (whether statutory or otherwise) that would otherwise limit the coverage of this release to include only those claims which you may know or suspect to exist in your favor at the time of agreeing to this release.
16. 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.
The policies and terms posted on our Services may be changed from time to time. Changes take effect when we post them on the Awesome Powered Service.
If you create or use an account on behalf of a business entity, you represent that you are authorized to act on behalf of such business and bind the business to this Terms of Service. Such account is owned and controlled by the business entity. No agency, partnership, joint venture, employee-employer or franchiser-franchisee relationship is intended or created by this Terms of Service.
The Terms of Service and all terms and polices posted through our Services set forth the entire understanding and agreement between you and eBay, and supersede all prior understandings and agreements of the parties.