Amazon Currency Converter for Sellers Terms and Conditions
Amazon Currency Converter for Sellers is offered by Amazon Asia-Pacific Holdings Private Limited ("we", "us", "our") through third-party service providers as an optional service for use in connection with an Amazon seller service on the terms and conditions set out below.
You (if you are using the service as an individual) or the business entity you are employed by or represent (if a business entity will use the service) agree to use Amazon Currency Converter for Sellers on the following terms and conditions, which are separate from and in addition to the Amazon Services Business Solutions Agreement or any other Amazon seller service agreement (the “seller agreement”) that you have entered into with us. The seller agreement governs your offering of products for purchase through Amazon.com.au (the "Amazon site") and our fulfilment of your products, including the disbursement of any funds ("Disbursement") to the bank account that you specify in your Amazon seller account ("Your Bank Account"), as well as any refunds, fees, costs, and reimbursements due to us ("Reverse Transactions"). If you are entering into these terms and conditions on behalf of a business entity, you represent to us that you have legal authority to bind that entity.
We may make changes to Amazon Currency Converter for Sellers and these terms and conditions at any time and solely at our discretion. Any changes made (a) for legal, regulatory, fraud and abuse prevention, or security reasons; (b) to change existing features or add additional features to the Amazon Currency Converter for Sellers (where this does not materially affect your use of Amazon Currency Converter for Sellers); or (c) to restrict products or activities that we deem unsafe, inappropriate, or offensive will be effective upon the posting of such changes on your Amazon seller account or on the Amazon site. Any other changes will be effective 15 days after the posting of such changes on your Amazon seller account or on the Amazon site.
You are responsible for reviewing these locations and informing yourself of all applicable changes or notices. All notice of changes to Amazon Currency Converter for Sellers and/or these terms and conditions will be posted for at least 30 days. You should refer regularly to your Amazon seller account and the Amazon site respectively to understand the current terms and conditions related to Amazon Currency Converter for Sellers.
YOUR CONTINUED USE OF AMAZON CURRENCY CONVERTER FOR SELLERS AFTER ANY SUCH CHANGES HAVE BECOME EFFECTIVE WILL CONSTITUTE YOUR ACCEPTANCE OF SUCH CHANGES OR MODIFICATIONS. IF YOU DO NOT AGREE TO ANY CHANGES TO AMAZON CURRENCY CONVERTER FOR SELLERS AND/OR THESE TERMS AND CONDITIONS, YOU MUST NOT CONTINUE TO USE AMAZON CURRENCY CONVERTER FOR SELLERS. You will be subject to the terms and conditions in force at the time that you use Amazon Currency Converter for Sellers, unless any change to these terms and conditions is required to be made by law or government authority (in which case it will apply to all orders as required by that law or government authority).
When you elect to use Amazon Currency Converter for Sellers, you are only asking us to change the currency through third-party service providers in which we make each Disbursement (and any necessary Reverse Transaction) to the currency of the country or region in which Your Bank Account is located ("Your Bank Location Currency") rather than the currency paid by customers on the Amazon Site.You are not tendering payment in one currency and receiving from us another currency.
Any conversion from or to Your Bank Location Currency using Amazon Currency Converter for Sellers will take place at the exchange rate applied by our third party service provider at the time we initiate the Disbursement or Reverse Transaction, which incorporates and reflects all fees and charges for payment in the currency you select ("Applicable Exchange Rate"). Such third party service provider will then facilitate the conversion of the currency of each Disbursement or Reverse Transaction from or to Your Bank Location Currency. Exchange rates fluctuate under market conditions that are not under our control. The Applicable Exchange Rate for each Disbursement and each Reverse Transaction might be different. The Applicable Exchange Rate only applies at the time of each Disbursement or Reverse Transaction and may change for future Disbursements and Reverse Transactions.
In addition, we may show an estimated amount in Your Bank Location Currency for each pending Disbursement and/or Reverse Transaction, based on the exchange rate received by us from our service provider at the time we estimate the amount (the "Estimated Exchange Rate"). Note that the Estimated Exchange Rate may differ from the Applicable Exchange Rate due to fluctuations under market conditions that are not under our control.
You can view the Estimated Exchange Rate for each pending Disbursement and Reverse Transaction, as well as the Applicable Exchange Rate for each completed Disbursement and Reverse Transaction, by clicking the "View Exchange Rate" link in your Amazon seller account.
You acknowledge and agree that when using Amazon Currency Converter for sellers: (i) you bear the risk, if any, that the exchange rate at the time of sale of your products on the Amazon site, or at the time when any refund, reimbursement, fee or cost is incurred, differs from the Estimated Exchange Rate and/or the Applicable Exchange Rate; and (ii) your use of Amazon Currency Converter for Sellers and these terms and conditions are independent of, and do not provide any additional rights with respect to, your contractual obligations to buyers of your products on the Amazon site. The buyer of your products on the Amazon site is neither involved in providing Amazon Currency Converter for Sellers to you, nor a party to these terms and conditions.
You may discontinue use of the Amazon Currency Converter for Sellers at any time. If you do so, you must first update the information for Your Bank Account to include a bank account for which the local currency is the same as the currency of the Amazon site. Subsequent Disbursements may take up to an extra 14 days to allow for the updated bank account information to take effect.
The laws of New South Wales govern these terms and conditions and any dispute of any sort that might arise between the parties. Any dispute relating in any way to these terms and conditions will only be adjudicated in the courts of New South Wales. Each party consents to exclusive jurisdiction and venue in these courts. Notwithstanding the foregoing, either party may seek injunctive relief in any state, federal, or national court of competent jurisdiction for any actual or alleged infringement of such party’s, its affiliates' or any third party's intellectual property or other proprietary rights. The United Nations Convention of Contracts for the International Sale of Goods, and any local laws implementing the Convention of Contracts for the International Sale of Goods, do not apply to these terms and conditions. TO THE EXTENT PERMITTED BY LAW, YOU HEREBY WAIVE ANY RIGHTS THAT YOU MAY HAVE TO BRING DISPUTES FOR RESOLUTION BEFORE ANY OTHER COURT, TRIBUNAL OR FORUM. You and we each agree that any dispute resolution proceedings will be conducted only on an individual basis and not in a class, consolidated or representative action. We each waive any right to a jury trial
You may contact us about Amazon Currency Converter for Sellers via email by visiting Contact Us. We communicate with you by posting notices on your Amazon seller account or on the Amazon Site, by sending you an email notification, or by similar means. When you send e-mails to us or review notices from us on your Amazon seller account or on the Amazon Site, you are communicating with us electronically. For contractual purposes, you consent to receive communications from us electronically and you agree that all agreements, notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing. This condition does not affect your statutory rights. You may change your email addresses and certain other information in your Amazon seller account, as applicable. You will ensure that all of your information is up to date and accurate at all times.
These terms and conditions are in the English language. We may make available translations to these terms and conditions, but the English version will control. You agree that we may communicate with you in English during the term of this contract.
If any of these terms and conditions is deemed invalid, void, or for any reason unenforceable by a court, that term or condition will be deemed severable and will not affect the validity and enforceability of any remaining term or condition
Our failure to enforce your strict performance of any provision of these terms and conditions will not constitute a waiver of our right to enforce such provision or any other provision of these terms and conditions subsequently.
We may terminate your use of Amazon Currency Converter for Sellers for convenience with 30 days’ advance notice. We also retain the right to immediately suspend or terminate your use of Amazon Currency Converter for Sellers if we determine that (a) you have materially breached an applicable agreement with us and failed to cure within 7 days of a cure notice unless your breach exposes us to liability toward a third party, in which case we are entitled to reduce, or waive, the aforementioned cure period at our reasonable discretion; (b) your account has been, or our controls identify that it may be, used for deceptive or fraudulent, or illegal activity; or (c) your use of Amazon Currency Converter for Sellers has harmed, or our controls identify that it might harm, other sellers, customers, or Amazon’s legitimate interests.
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