Changes to the User Agreement, Combined Financial Services Guide and other policies
Effective date: 20 May 2014
Set out below are the key changes to the:
- User Agreement
- Combined Financial Services Guide and Product Disclosure Statement
- Recurring Payments and Billing Agreement
- PayPal Here Terms and Conditions
Changes to the User Agreement
The User Agreement is amended as follows:
- In clause 4.3 under the table heading “Counterfeit item claims” we have deleted the wording in the second column and replaced it with:
COUNTERFEIT ITEM CLAIMS
If you file a claim about a counterfeit item you may be required to obtain documentation from a qualified third party to substantiate your claim.
It is against the law to possess or sell a counterfeit item.
- In clause 4.4 under the heading “Items may not be returned” we have deleted the wording in the second column and replaced it with:
ITEMS MAY NOT BE RETURNED
If your buyer files a claim about a counterfeit item they may be required to obtain documentation from a qualified third party to substantiate their claim. The payment may be reversed.
It is against the law to sell a counterfeit item.
- We have inserted a new clause 9.2 and amended the numbering of the clauses that follow:
“9.2 PayPal, at its sole discretion, reserves the right to periodically retrieve and review a business and/or consumer credit report for any account and reserves the right to close an account based on information obtained during this credit review process.”
- We have deleted clause 9.10.a and replaced it with:
“9.10 Your use of the PayPal POS Functionality is dependent on you:
- Integrating your point of sale terminal to PayPal at your own cost;”
- We have inserted a new clause 9.14:
“Log In with PayPal
9.14 If you offer Log In with PayPal, you must comply with any applicable terms when this functionality is made available to you, and any specifications in any integration manual or guideline. PayPal does not guarantee or otherwise represent the identity of any user of Log In with PayPal. PayPal will not share with you the personal and other account information of the user held by PayPal unless the user has consented to our disclosure of that information to you.”
- We have deleted clauses 10.13 and 10.22.
- We have inserted new clauses 10.29 to 10.38:
10.29 Check In allows you to make payments using the check-in function in the PayPal mobile application to pay with PayPal based on the sender’s proximity to the recipient’s location.
10.30 When you Check In to pay a merchant, you authorise that merchant to take payment from your account. You may cancel the authorisation by Checking Out before the payment has been processed. We may restrict the total amount that merchant can take within a specific period at our discretion.
10.31 You may store your merchant loyalty card numbers in your PayPal account for participating merchants. When you store your loyalty card numbers in your PayPal account, you will earn any rewards automatically at the time you make your payment to the merchant, without being required to present the loyalty card.
10.32 It is your responsibility to ensure that you have entered in your loyalty card information correctly and that you update it as necessary. It is also your responsibility to ensure that you are receiving the rewards to which you are entitled.
10.33 A merchant may also request your permission to add and manage their loyalty card in your PayPal wallet.
10.34 PayPal is not responsible for managing your loyalty cards and any questions about your loyalty card or associated rewards program should be directed to the merchant that offers the card.
10.35 PayPal is not liable to you in the event of a technical failure to deliver the loyalty card details to merchants. Loyalty card benefits may not be available when network connectivity between the merchant and PayPal is unavailable.
10.36 You may receive promotional offers from PayPal such as vouchers and other deals (together “Offers”) that can be applied to purchases you make at participating stores and websites using your PayPal account.
10.37 To redeem an Offer, you must first save it to your PayPal account. Some Offers are saved automatically. The Offer applies to your next eligible purchase made through your PayPal account at the offering merchant, unless you mark the Offer for later use. Some Offers may apply to in-store checkout transactions, while other may be used solely for online transactions.
10.38 Offer terms apply to refunds for items purchased using the Offer. The refunded amount may go back to the Offer, your Payment Method for the transaction, your PayPal Balance or a combination of the above. If you redeem an Offer with a discount and you seek a refund, you will receive the refund minus the discount value. Refunds are also subject to the merchant’s refund policy and applicable law.
10.39 Offers may be subject to terms provided with the Offer. PayPal is not liable to you in the event of a technical failure to deliver the Offer details to the merchant or if you fail to user any Offer prior to expiration. PayPal is not responsible for Offer terms.”
- We have inserted a new clause 12.1.e:
“12.1 When you receive a payment through our Services and the transaction is not eligible for the PayPal Seller Protection Policy, you will owe us for the amount of the transaction (including any applicable fees imposed on us) if:
- You have received payment from a PayPal account holder in another country and we determine under the PayPal Buyer Protection Policy of that country that the funds received should be returned or reversed.”
- We have inserted a new clause 16.4.v and amended the numbering of the clauses that follow:
“16.4 The following is a non-exhaustive list of events which may lead to your account being limited:
- Failure to provide us with further information about you or your business activities that we may reasonably request; and/or”.
- We have replaced clause 16.8 with the following:
“16.8 If we reasonably believe a risk still exists, we may take various actions to protect PayPal, eBay, our users, a third party, or you from Reversals, fees, fines, penalties, legal and/or regulatory risks and any other liability. The actions we may take include but are not limited to the following:
- Return funds to the sender and restore access to your account;
- Continue to limit your account access to protect us against the risk of Reversals, legal and/or regulatory risk or because we may be prohibited by law from releasing funds or unrestricting your account;
- Close your account by giving you notice and returning any funds held in your balance to you minus funds in dispute. If you are later determined to be entitled to funds in dispute we will return those funds to you; or
- Refuse to provide our Services to you in the future.”
- We have replaced clause 24 with the following:
“24.1 Subject to clause 23 and except where liable by operation of a Consumer Guarantee:
- We and our Related Bodies Corporate will not be liable to you for any Consequential Loss or for loss or damage of any kind resulting from or in connection with negligence or breach of a term, condition or warranty that may otherwise be implied into this Agreement, including any such loss arising out of or in connection with our website, our Services or this Agreement; and
- To the extent that liability is not excluded by clause 24.1(a), in no event will PayPal’s liability for a claim arising out of this Agreement or our Services (when aggregated with PayPal’s liability for all other claims arising out of this Agreement and our Service) exceed the net fees and charges paid by you to us during the six (6) months immediately preceding the date on which the claim arises.
24.2 To the extent permitted by law, our liability to you in respect of any breach of or failure to comply with any Consumer Guarantee is limited, at our option:
- In the case of goods, to their replacement, the supply of equivalent goods, their repair, or payment of the cost of doing any of those things.
- In the case of services, to resupplying the services or payment of the cost of their re supply.”
- We have inserted the following new definitions:
Any loss, damage or costs incurred by you that is indirect or consequential, as well as loss of revenue; loss of income; loss of business; loss of profits; loss of production; loss of or damage to goodwill or credit; loss of business reputation, future reputation or publicity; loss of use; loss of interest; losses arising from claims by third parties; loss of or damage to credit rating; loss of anticipated savings and/or loss or denial of opportunity.
A right or guarantee you may have under Schedule 2 of the Competition and Consumer Act 2010 (Cth) (and any equivalent State or Territory legislation) or other rights in relation to the supply of goods or services (such as terms implied into a contract by the Australian Securities and Investments Commission Act 2001 (Cth) or any equivalent State or Territory legislation) that cannot lawfully be excluded.
- We have replaced clause S2.2 of the PayPal Seller and Buyer Protection Policies with the following:
“S2.2 If you lose a “significantly not as described” claim because the item is counterfeit, you will not receive the item back in this instance.”
- We have replaced clause S5.1.k of the PayPal Seller and Buyer Protection Policies with the following:
“S5.1 The PayPal Seller Protection Policy will not apply to a transaction if:
- Payment is made through guest checkout outside of eBay, PayPal Here, Email Payments and direct Credit Card payments through PayPal (including Virtual Terminal and Website Payments Pro – Hosted Solution or API).”
- We have deleted clauses S15.3 and S15.4 of the PayPal Buyer Protection Policy and replaced it with the following:
“S15.3 If you file a “significantly not as described” claim including counterfeit item claims, we may require you to obtain documentation from a qualified third party to substantiate your claim at your expense.
S15.4 If you file a “significantly not as described” claim, we may require you to ship the item at your expense to the seller, to us or to a third party designated by us.”
Changes to the Combined Financial Services Guide and Product Disclosure Statement
The Combined Financial Services Guide and Product Disclosure Statement is amended as follows:
- We have replaced clauses 18.5 and 18.6 with the following:
“18.5 Fees for receiving (selling) Domestic Transactions with PayPal Here:
PayPal Here Chip & PIN card reader
2.9% + fixed fee
2.4% + fixed fee
PayPal Here swiper*
2.4% + fixed fee
*The PayPal Here triangular swiper ceased availability in 2012.
PayPal POS Functionality
18.6 If you are approved for PayPal POS Functionality as set out in our User Agreement you will pay:
Fees for receiving (selling) Domestic Transactions with PayPal POS Functionality*: 1.95%
*If your sender funds your payment entirely or partially by a non-Australian Credit Card or non-Australian PayPal account you will incur an additional 1% processing fee on the amount funded by that card."
- We have inserted the following sentence at the end of the first paragraph under the heading “How we collect information about you”:
“If we allow you to link your loyalty card to your PayPal account in our mobile app, we may require you to provide to us your loyalty card number.”
“When you access our website or use PayPal Services, we (including companies we work with) may place small data files on your computer or other device. These data files may be cookies, pixel tags, "Flash cookies," or other local storage provided by your browser or associated applications (collectively "Cookies"). We use these technologies to recognise you as a customer; customise PayPal Services, content, and advertising; measure promotional effectiveness; help ensure that your account security is not compromised; mitigate risk and prevent fraud; and to promote trust and safety across our sites and PayPal Services.
You are free to decline our Cookies if your browser or browser add-on permits, unless our Cookies are required to prevent fraud or ensure the security of websites we control. However, declining our Cookies may interfere with your use of our website and PayPal Services.
Do Not Track (DNT) is an optional browser setting that allows you to express your preferences regarding tracking by advertisers and other third-parties. We do not currently respond to DNT signals. We do, however, provide you notice of the tracking by advertisers and other third parties in our Privacy and Cookies policies.
For more detailed information on our use of these technologies, please see our policy on Cookies, Web Beacons, and Similar Technologies.”
- We have inserted the following sentence to the last paragraph under the heading “How we use the personal information we collect”:
“If all or some of your personal information is not collected, we may be unable to provide you with PayPal Services or a customised experience.”
- We have inserted the following bullet point under the heading “How we use the personal information we collect”:
“We may use your personal information to:
• verify your identity with third parties for the purposes of the Anti-Money Laundering and Counter-Terrorism Act, including credit reporting agencies such as Veda.”
- We have inserted the following paragraph under the heading “How we share personal information with other parties”:
“If you link your loyalty card to your PayPal account in our mobile app, we may share your loyalty card number with the relevant merchant when you pay that merchant using PayPal. If you remove your loyalty card from your account, we will stop sharing this information.”
Changes to the Recurring Payments and Billing Agreement
The Recurring Payments and Billing Agreement is amended as follows:
- We have inserted a new clause 5 and amended the numbering of the clauses that follow:
“In some cases, third party merchants may hold a small payment to verify your PayPal account. The hold is usually released within 3 to 5 days.”
- We have inserted the following paragraph under the heading “Payment Method Selection”:
“In some cases, where you do not have the option to select a preferred Payment Method, your default payment method (your PayPal balance, linked bank account, debit card or credit card, in that order) will be used for the Recurring Payment.”
- We have inserted the following sentence under the heading “Cancelling Recurring Payments”:
“To cancel a Future Payment, log in to your account, go to “Profile” then click “My settings” and “Change” beside “Log in with PayPal”.”
Changes to the PayPal Here Terms and Conditions
We’ve replaced the PayPal Here Terms and Conditions to coincide with the introduction of a new Chip and Pin card reader from 20 May 2014. This will replace the triangular swiper. To view the new PayPal Here terms and conditions, click here.