PayPal Here Terms and Conditions
PayPal Here Terms and Conditions
Last Update: Nov 12, 2012
1. PayPal Here
1.1 These terms and conditions govern your use of the PayPal Here Service (“PayPal Here”).
1.2 You may use Pay Pal Here if you have a PayPal Business or Premier Account and have been approved by PayPal.
1.3 In order to use PayPal Here, you must have agreed to the PayPal User Agreement which is incorporated into these PayPal Here terms and conditions (“PayPal Here Terms”). By using PayPal Here, you acknowledge that you have agreed to these PayPal Here Terms
1.4 Capitalised terms that are not otherwise defined in the PayPal Here Terms are defined in the PayPal User Agreement.
2. Amendments to these terms
2.1 We may amend these PayPal Here Terms by giving notice of such change by posting a revised version on our Website. The revised version will be effective at the time we post it on our Website.
2.2 If the revised version includes a substantive change which may negatively impact your use of PayPal Here, we will post a notice of those changes on the “Policy Updates” page of our Website. We will send you a notification email which will contain a link to the “Policy Updates” page.
2.3 These changes will take effect on the date specified on the “Policy Updates” page, which will be at least 30 days after we send an email notification to you.
2.4 If you do not agree with any change to these terms then you may terminate your use of PayPal Here at any time.
3. Getting, using and replacing your PayPal Here device
3.1 Clauses 3, 4.1, 4.2 and 5.2 only apply if you have been approved to use PayPal Here in conjunction with a device.
3.2 Once you have been approved to use a device for PayPal Here, the PayPal device will be mailed to you at an address selected by you. If you have multiple addresses, you can select the address to which you would like the device mailed.
3.3 If your PayPal device does not work, you may request a new one by contacting us.
3.4 We may limit the number of devices you can receive at any time, including the number of replacement devices you may receive.
4. Multiple devices and authorised users (for Business Account holders only)
4.1 If you hold a Business Account, you may authorise other eligible users (“Authorised User”) to use PayPal Here devices that have been linked to your PayPal Account. In order to authorise such use, you will have to personally request additional devices from us.
4.2 You will also have to register each of these Authorised Users with PayPal and create a password for each Authorised User to enable Authorised Users to use PayPal Here devices.
4.3 You can only register Authorised Users that are 18 years or older.
4.4 Authorised Users will not have access to the underlying account information associated with your PayPal Account and will not be able to withdraw funds from your PayPal Account using the authorities you have set up for them.
4.5 Prior to issuing a device to any Authorised User, we may have to perform screening in accordance with PayPal policies. In order to assist us in this screening, you agree to provide us with accurate information regarding the identity of all Authorised Users.
4.6 We reserve the right to deny anyone access to PayPal Here.
4.7 You are at all times liable for the actions or omissions of your Authorised Users. You will indemnify us from, any liability arising from the actions or inactions of any third party Authorised Users and as set out in the User Agreement.
5. Using PayPal Here
5.1 You will need to download the PayPal Here app to use PayPal Here.
5.2 You are required to obtain a customer signature on credit/debit card transactions that are swiped through the PayPal Here device.
5.3 Customers may elect to receive an electronic sales record via email or SMS (where available).
5.4 You agree that any transaction that you submit through PayPal Here will have an accurate and true description of the goods and services being purchased.
5.5 You agree to comply with any instructions provided to you in relation to PayPal Here.
6. Mobile compatibility
6.1 PayPal Here permits you to accept payment card transactions on a compatible mobile device. Mobile devices modified contrary to the manufacturer’s software or hardware guidelines are not compatible mobile devices. You may not use a modified device to use or access PayPal Here.
6.2 PayPal does not warrant that PayPal Here will be compatible with your mobile device.
7.1 You agree to pay the fees set out in the Combined Financial Services Guide and Product Disclosure Statement which is incorporated by reference into the User Agreement.
8. Privacy and confirming your identity
8.3 Unless you notify us otherwise in writing, you agree we may disclose personal information such as your name, date of birth, and address to a credit reporting agency to obtain an assessment of whether that personal information matches information held by the credit reporting agency. The credit reporting agency may give us a report on that assessment and to do so may use personal information about you and other individuals in their files. If we are unable to verify your identity using information held by a credit reporting agency we will provide you with a notice to this effect and give you the opportunity to contact the credit reporting agency to update your information held by them.
9. Withdrawal Limit
9.1 There may be an initial withdrawal limit of $1,500 per month. If you want to withdraw more than $1,500 per month, you will be required to satisfactorily respond to our inquiries in this regard.
10. License Grant
10.1 PayPal grants you a personal, limited, non-exclusive, revocable, non-transferable license, which cannot be sublicensed, restricted only to electronically accessing and using PayPal Here. You may use PayPal Here solely to accept and receive payments and to manage the funds you receive.
10.2 PayPal Here includes our Website, any software, programs, documentation, tools, internet-based services, components, and any updates (including software maintenance, service information, help content, bug fixes or maintenance releases) provided to you by PayPal.
10.3 You will be entitled to download updates to PayPal Here service, subject to any additional terms made known to you at that time, when PayPal makes these updates available.
10.4 You may not, nor may you permit any third party to do any of the following:
10.4.1 access or monitor any material or information on any PayPal system using any manual process or robot, spider, scraper, or other automated means;
10.4.2 copy, reproduce, alter, modify, create derivative works, publicly display, republish, upload, post, transmit, resell or distribute in any way material or information from PayPal;
10.4.3 permit any third party to use and benefit from PayPal Here via a rental, lease, timesharing, service bureau or other arrangement;
10.4.4 transfer any rights granted to you under these PayPal Here Terms;
10.4.5 violate the restrictions in any robot exclusion headers on PayPal Here, work around, bypass, or circumvent any of the technical limitations of PayPal Here, use any tool to enable features or functionalities that are otherwise disabled in PayPal Here, or decompile, disassemble or otherwise reverse engineer the PayPal Here software or hardware, except to the extent that such restriction is expressly prohibited by law;
10.4.6 perform or attempt to perform any actions that would interfere with the proper working of PayPal Here , prevent access to or use of PayPal Here by our other users, or impose an unreasonable or disproportionately large load on our infrastructure; or
10.4.7 otherwise use PayPal Here except as allowed under these PayPal Here Terms.
11.1 PayPal Here is licensed and not sold. PayPal reserves all rights not expressly granted to you in these PayPal Here Terms.
11.2 PayPal Here is protected by copyright, trade secret and other intellectual property laws. PayPal owns the title, copyright and other worldwide Intellectual Property Rights (as defined below) in the Service and all copies of PayPal Here.
11.3 These PayPal Here Terms do not grant you any rights to PayPal’s trademarks or service marks.
11.4 For the purposes of these PayPal Here Terms, “Intellectual Property Rights” means all patent rights, copyright rights, mask work rights, moral rights, rights of publicity, trademark, trade dress and service mark rights, goodwill, trade secret rights and other intellectual property rights that may exist now or in the future under the laws of any jurisdiction.
12. Order of precedence
12.1 To the extent of any inconsistency between the PayPal User Agreement and the PayPal Here Terms, the PayPal Here terms will prevail.
13. Prohibited goods and services
13.1 As a reminder, you may not use PayPal in breach of the Acceptable Use Policy.
13.2 You must not use the PayPal Here device outside of Australia.