PayPal Australia Pty Limited ABN 93 111 195 389 (“PayPal”, “we”, “us” or “our”) sells and provides digital gift card codes (“Cards”) as agent for and on behalf of third-party retailers (via InComm Australia And New Zealand Pty Ltd ABN 31 125 567 357) (“Service”). By purchasing a Card and/or using the Service, you are entering into a contract on these terms and conditions (“Terms”) with PayPal.The Service is available at www.ebay.com.au/paypal-digital-gifts and through other services that we may use from time to time (“PPDG Store”).
Scope of the Service
The Service allows you to buy Digital Gift Cards (“Cards”) from third-party retailers ("Retailers"). You or the recipient of your Card can use its code to purchase goods or services from that Retailer.We do not review Retailers' listings or content. We have no control over and do not guarantee:
the existence, quality, safety or legality of items advertised;
the truth or accuracy of Retailers’ content, listings or feedback;
the ability of a Retailer to sell items; or
that a Retailer will complete a transaction.
Using the Service
While using or accessing the Service you will not:
breach or circumvent any laws, third-party rights or our policies;
engage in collusion, manipulation or other activities that enable you to unfairly obtain any benefits offered via the Service; or
use any robot, spider, scraper or other automated means to access our Services for any purpose;
export or re-export any of our applications or tools except in compliance with the export control laws of any relevant jurisdictions and in accordance with posted rules and restrictions;
copy, modify, or distribute rights or content from our Service or our copyrights and trade marks;
copy, reproduce, reverse engineer, modify, create derivative works from, distribute, or publicly display any content from our Service without the prior express written permission from PayPal and the appropriate third party, as applicable.
Purchases
Any dealings you enter into with any Retailers listed on the PPDG Store will be solely between you and that Retailer. All such dealings are subject to the Retailer’s terms and conditions, and privacy policies.When buying a Card, you agree that:
you are responsible for reading the full item description and terms and conditions; and
if it’s a gift, PayPal will disclose both your and your recipient’s names, message and the gift delivery status to both you and your recipient.
Resolving issues with purchases
If you experience any problems with a purchase, you should contact the Retailer directly. If you experience a problem with redeeming a Card, you can contact us. Contact details for Retailers and PayPal can be found on our FAQs page.
Content
All right, title and interest (including, without limitation, all intellectual property rights) in and to the PPDG Store and any content or information thereon is the exclusive property of PayPal and its Related Entities, it’s licensors or the third parties (including Retailers). PayPal does not claim to own any of the brands or trade marks of its licensors or third parties.
Liability
In no event is PayPal responsible for any incidental, consequential, or special damages of any kind.To the extent permitted by law, PayPal limits its liability under these Terms to the:
replacement of the Card or the supply of equivalent goods; or
payment of the cost of replacing the Card or of acquiring equivalent goods.
In no event will PayPal’s liability under these Terms exceed the amount you paid for a Card in one transaction.
Termination
If we reasonably believe you have breached these Terms or otherwise pose an unacceptable level of risk to the integrity, security or reliability of PayPal or our systems, we may suspend your use of the Services and/or PayPal account at any time.We’ll update these Terms from time to time. Updated Terms will be effective as of the date of posting. If we make any substantive changes to these Terms which may negatively impact your use of the Services in a material way, we will post a notice of those changes on the “Policy Updates” page of our website and email you a notification. You agree to receive such notices in this way. The changes will take effect on the date specified on the “Policy Updates” page, which will be at least 30 days after we send the notification email to you. Your continued use of the Services constitutes your acceptance of updated Terms. If you do not agree with any updated Terms, you should immediately stop using the Services.To the extent of any inconsistency between PayPal’s User Agreement and these Terms, these Terms will prevail to the extent of the inconsistency. Any controversy or claim at law or equity may be adjudicated by a court of competent jurisdiction located in New South Wales, Australia. You agree to submit to the jurisdiction of the courts located within New South Wales.