PayPal User Agreement

 

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PayPal User Agreement

Last Update: December 11, 2018

 

This User Agreement contains 17 Sections. You may jump directly to any section by selecting the appropriate link below. The headings and subheadings below are for reference only and do not limit the scope of each section. Underlined words in this User Agreement and on our website hyperlink to relevant information.

 

Jump to section:

1. Eligibility.
2. The Legal Relationship between You and PayPal.
3. Sending and Receiving Payments.
4. Balances and Withdrawing Money.
5. Fees and Currency Conversion.
6. Your Information.
7. Access and Interference.
8. Privacy and Security.
9. Termination or Closing Your PayPal Account.
10. Your Liability, Remedies and PayPal's Right to Collect From You.
11. Assignability.
12. Legal Compliance.
13. Release of PayPal.
14. Notices.
15. Legal Disputes.
16. General.
17. Disclosures.

 

Consumer advisory - The PayPal payment service is regarded as a stored value facility under Singapore law.

PayPal Pte. Ltd., the Holder of the PayPal stored value facility, does not require the approval of the Monetary Authority of Singapore. Consumers (Users) are advised to read these terms and conditions carefully.

This User Agreement ("User Agreement") is a contract between you and PayPal Pte. Ltd. and applies to your use of the PayPal payment service and any related products and services available through PayPal’s websites (collectively the "PayPal Services"). In the event of discrepancies between the German and the English version of this User Agreement, the English version shall prevail. If you do not agree to be bound by the terms and conditions of this User Agreement please do not use or access the PayPal Services.

You must read, agree with, and accept all of the terms and conditions contained in this User Agreement and the Privacy Policy, which include those terms and conditions expressly set out below and those incorporated by reference, before you may become a member of PayPal. We strongly recommend that, as you read this User Agreement, you also access and read the information contained in the other pages and websites referred to in this document, as they may contain further terms and conditions that apply to you as a PayPal user. Please note: underlined words and phrases are links to these pages and websites. By accepting this User Agreement, you also agree that your use of other PayPal websites and services will be governed by the terms and conditions posted on those websites.

For additional information about the PayPal Services and how it works, please also consult the PayPal Help Center

In this User Agreement, "you" or "your" means any person or entity using the PayPal Services ("Users"). Unless otherwise stated, "PayPal", "we" or "our" will refer collectively to PayPal and its subsidiaries. Unless otherwise specified, all references to a "Bank" in this User Agreement include savings associations and credit unions, and all references to a "Credit Card" include Visa- and MasterCard-branded debit cards.

We may amend this User Agreement at any time by posting a revised version on our website. The revised version will be effective at the time we post it. In addition, if the revised version includes a substantial change, we will provide you with 30 days’ prior notice by posting notice of the change on the "Policy Updates" page of our website. After this 30 days’ notice, you will be considered as having expressly consented to all amendments to this User Agreement.

All future changes of this User Agreement set out in the Policy Update already published on the "Legal Agreements" landing page of the PayPal website at the time you register for the PayPal Services are incorporated by reference into this User Agreement and will take effect as specified in that Policy Update.

 

1. Eligibility

You may sign up with PayPal in Switzerland if you are a resident of Switzerland or you are a company with a registered seat of business in Switzerland. In order to use the Service, you must register for a Premier or Business Account. Unless expressly agreed otherwise with us, Users may only hold one Premier or one Business Account.

The PayPal Services are only available to individuals acting in an individual capacity; you may not act as an agent for another person nor open a PayPal Account for another person (no beneficial ownership is permitted).

You may open a Business Account, but PayPal may require additional information from you to verify your ability to act on behalf of such business. You must be able to form legally binding contracts under applicable law. Without limiting the foregoing, our Service is not available to all individuals and businesses and PayPal reserves the right to deny access to the PayPal Services to any individual or business for any reason or no reason at all. PayPal is not available to minors (in Switzerland those under 18 years of age), persons who are suspended from the PayPal Services, or to persons who present an unacceptable level of risk.

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2. The Legal Relationship between You and PayPal

2.1. User Relationship
PayPal acts as a facilitator to help customers accept payments and to help customers make payments. PayPal has independent relationships with the sender and the receiver of payments. We act based upon your direction and your requests to use the PayPal Services that require us to perform tasks on your behalf. PayPal will at all times hold your funds separate from its corporate funds, will not use your funds for its operating expenses or any other corporate purposes, and will not voluntarily make funds available to its creditors in the event of bankruptcy or for any other purpose. You acknowledge that (a) PayPal is not a bank and the PayPal Services are a payment processing service rather than a banking service, and (b) PayPal is not acting as a trustee, fiduciary or escrow with respect to your funds, but is acting only as an agent and custodian.

You are not required to carry a Balance in your PayPal Account in order to use the PayPal Services, except in certain circumstances where PayPal reasonably determines your PayPal Account poses a risk. "Balance" means any E-Money that you have in your PayPal Account. PayPal will pool your funds together with funds from other Users, and will place those funds in accounts at one or more financial institutions ("Pooled Accounts").

You agree that you will not receive interest or other earnings on the funds you may keep in your PayPal Account. PayPal may earn interest on those funds, or may receive a reduction in fees or expenses charged for banking services by the Banks that hold your funds.

By initiating and making payments through the PayPal Services or, where available, adding funds to your Balance, you authorize PayPal to charge your credit/debit card or to instruct your financial institution to obtain the funds on your behalf, or accept funds on your behalf, and to send the funds to the recipient that you designate or into PayPal's Pooled Account, subject to the terms and restrictions of this User Agreement. When you initiate a payment, PayPal will offset funds from the Pooled Account for your benefit to the recipient. When you make a payment, until that payment clears our risk checks and is accepted by the recipient (which may occur instantly or take a few days), you remain the owner of those funds and PayPal holds those funds for your benefit and on your behalf, but you will not be able to withdraw those funds or send the funds to any other recipient unless you cancel the initial transaction.

By receiving payments through the PayPal Services, you appoint PayPal as your agent to cause the funds to be deposited on your behalf in the Pooled Accounts until you further instruct PayPal with respect to the transmission of your funds. Through the PayPal Website, you may provide instructions to withdraw the funds or send the funds to a third party, in each case subject to the terms and restrictions of this User Agreement. If you receive a notice that a payment has been sent to you through PayPal but you have not registered for the PayPal Services, PayPal will not become your agent and you will have no claim to those funds unless and until you register for the PayPal Services and indicate your acceptance of the payment.

2.2. PayPal is only a Payment Service Provider
PayPal acts as a payment service provider by creating, hosting, maintaining and providing the PayPal Services to you via the Internet.
We do not have any control over, and are not responsible or liable for, the products or services that are paid for with the PayPal Services. We cannot ensure that a buyer or a seller you are dealing with will actually complete the transaction.

PayPal is not a common carrier or public utility.

2.3. Identity Authentication
We use many techniques to identify our users when they register on our site. Verification of Users is only an indication of increased likelihood that a User's identity is correct. You authorize PayPal, directly or through third parties, to make any inquiries we consider necessary to validate your identity and registration. This may include requiring you to provide PayPal with fax or scanned documentation such as a government issued identification card, address verification documentation, ordering a credit report and performing other credit checks or verifying the information you provide against third party databases. However, because user verification on the Internet is difficult, PayPal cannot and does not guarantee any User's identity.

2.4. License grant
If you, as a merchant, are using PayPal software such as an API, developer’s toolkit or other software application which may include software provided by or integrated with software, systems, or services of our service provides that you have downloaded to or otherwise accessed through your computer, device, or other platform then PayPal and its licensors grant you a revocable, non-exclusive, non-sublicenseable, non-transferable, royalty-free, and limited license to access and/or use PayPal’s software in accordance with the documentation, including all updates, upgrades, new versions and replacement software, as described herein for your personal use only. You may not rent, lease or otherwise transfer your rights in the software to a third party.

You must comply with the implementation, access, and use requirements contained in all PayPal documentation, together with any instructions provided by us from time to time accompanying the PayPal Services (including, without limitation, any implementation and use requirements we impose on you to comply with applicable laws and card scheme rules and regulations).

If you do not comply with PayPal’s instructions, implementation and use requirements you will be liable for all resulting damages suffered by you, PayPal and third parties. PayPal may update or discontinue any software upon notice to you. While PayPal may have (a) integrated certain third party materials and technology into any web or other application, including its software, and/or (b) accessed and used certain third party materials and technology to facilitate providing you with the PayPal Services, you have not been granted and do not otherwise retain any rights in or to any such third party materials. You agree not to modify, alter, tamper with, repair, copy, reproduce, adapt, distribute, display, publish, reverse engineer, translate, disassemble, decompile or otherwise attempt to create any source code which is derived from the software or any third party materials or technology. You acknowledge that all rights, title and interest to PayPal’s software are owned by PayPal and any third party materials integrated therein are owned by PayPal’s third party service providers.

Any third party software application you use on the PayPal website is subject to the license you agreed to with the third party that provides you with this software. You acknowledge that PayPal does not own, control nor have any responsibility or liability for any third party software application you elect to use on any of our websites, software, and/or in connection with the PayPal Services. If you are using the PayPal Services on the PayPal website, or other website or platform hosted by PayPal, or a third party, and are not downloading PayPal’s software or using third party software applications on the PayPal website, then this section does not apply to your use of the hosted PayPal Services.

You as a merchant grant the PayPal Group the worldwide right to use and depict your business name, trademarks and logos on our website and in our mobile and web applications for the purpose of displaying information about your business and its products and services.

2.5. Third Party Permissions
If you grant express permission to a third party to take specific actions on your behalf or access particular information about your PayPal Account either through your use of the third party’s product or service, or in the API Access, Manage API Permissions section of your Profile, you acknowledge that PayPal may disclose the information about your PayPal Account to this third party that is specifically authorized by you. You also acknowledge that granting permission to a third party to take specific actions on your behalf does not relieve you of any of your responsibilities under this User Agreement. Further you acknowledge and agree that you will not hold PayPal responsible for, and will indemnify PayPal from, any liability arising from the actions or inactions of this third party in connection with the permissions you grant. You may change or remove these permissions at any time by logging into your PayPal Account, choosing the Profile subtab under the "My Account" tab, and selecting API Access, then Manage API Permissions.

2.6. Release
In the event that you have a dispute with one or more users, you release PayPal (and our officers, directors, agents, subsidiaries, joint ventures and employees) from any and all claims, demands and damages (actual and consequential) of every kind and nature arising out of or in any way connected with such disputes.

2.7. No Warranty
WE, OUR PARENT, SUBSIDIARIES, EMPLOYEES AND OUR SUPPLIERS PROVIDE OUR SERVICES "AS IS" AND WITHOUT ANY WARRANTY OR CONDITION, EXPRESS, IMPLIED OR STATUTORY. WE, OUR PARENT, SUBSIDIARIES, EMPLOYEES AND OUR SUPPLIERS SPECIFICALLY DISCLAIM ANY IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. PayPal shall make reasonable efforts to ensure that requests for electronic debits and credits involving Bank accounts, credit cards, and check issuances are processed in a timely manner and but we make no representations or warranties regarding the amount of time needed to complete processing because the PayPal Services are largely dependent upon many factors outside of our control, such as delays in the banking system or the Singapore or international mail service. Some countries do not allow the disclaimer of implied warranties, so the foregoing disclaimer may not apply to you. This warranty gives you specific legal rights and you may also have other legal rights that vary from state to state.

2.8 Limitation of Liability
EXCEPT IN THE CASE OF DEATH OR PERSONAL INJURY RESULTING FROM NEGLIGENCE, IN NO EVENT SHALL WE, OUR PARENT, SUBSIDIARIES, EMPLOYEES OR OUR SUPPLIERS BE LIABLE FOR LOST PROFITS OR ANY SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN CONNECTION WITH OUR WEBSITE, OUR SERVICE, OR THIS AGREEMENT (HOWEVER ARISING, INCLUDING NEGLIGENCE). Some jurisdictions do not allow the exclusion or limitation of incidental or consequential damages so the above limitation or exclusion may not apply to you.

EXCEPT IN THE CASE OF DEATH OR PERSONAL INJURY RESULTING FROM NEGLIGENCE, OUR LIABILITY, AND THE LIABILITY OF OUR PARENT, SUBSIDIARIES, EMPLOYEES AND SUPPLIERS, TO YOU OR ANY THIRD PARTIES IN ANY CIRCUMSTANCE IS LIMITED TO THE ACTUAL AMOUNT OF DIRECT DAMAGES.

2.9. Indemnification
You agree to indemnify and hold PayPal, its parent, subsidiaries, affiliates, officers, directors and employees harmless from any claim or demand (including lawyers’ fees) made or incurred by any third party due to or arising out of your breach of this User Agreement or the documents it incorporates by reference, or your violation of any law or the rights of a third party relating to your use of the PayPal Services.

2.10. Liability for Violations of the Acceptable Use Policy
If you engage in the following behavior, PayPal may suspend or restrict your access to the PayPal Services, hold your funds up to 180 days and fine you, as explained below.

  1. Using the PayPal Services to receive payments for any sexually oriented or obscene materials or services in violation of the PayPal Acceptable Use Policy;
  2. Using the PayPal Services to receive payments for any narcotics, other controlled substances, steroids or prescription drugs in violation of the PayPal Acceptable Use Policy;
  3. Using the PayPal Services to receive payments for wagers, gambling debts or gambling winnings, regardless of the location or type of gambling activity in violation of the PayPal Acceptable Use Policy;
  4. Using the PayPal Services to receive payments for tobacco products in violation of the PayPal Acceptable Use Policy.

You and PayPal agree that the damages that PayPal will sustain as a result of the behavior outlined above will be substantial, including (without limitation) fines and other related expenses from its payment processors and service providers, but may be extremely difficult and impracticable to ascertain. In the event that you engage in such activities, then PayPal may fine you up to USD 2,500.00 for each such violation and/or PayPal may take legal action against you to recover losses that are in excess of the amount fined. You acknowledge and agree that a fine up to USD 2,500.00 is presently a reasonable and genuine minimum estimate of PayPal's damages, considering all currently existing circumstances, including (without limitation) the relationship of the sum to the range of harm to PayPal that reasonably could be anticipated and the anticipation that proof of actual damages may be impractical or extremely difficult. You agree that PayPal is entitled to deduct such amounts directly from any existing Balance in the offending account, or any other PayPal Account owned by you.

If you use the PayPal Services in a manner that violates this User Agreement, the documents incorporated by reference into this User Agreement or the PayPal Acceptable Use Policy, including but not limited to the four categories described above, your PayPal Account will be subject to limitation or immediate termination, as stated in Section 10. below, and PayPal reserves the right to report you to law enforcement officials.

You further understand that, if you use the PayPal Services in a manner that violates the PayPal Acceptable Use Policy, including but not limited to the four categories described above, PayPal may incur substantial liability and/or suffer significant damages, including (without limitation) fines and other related expenses from its payment processors and service providers. By selling goods or services (including access to content) in contravention of the PayPal Acceptable Use Policy or the Restricted Activities section of this User Agreement (clause 10.3.), you acknowledge liability to PayPal for any and all damages suffered by PayPal. Without limiting the foregoing, you agree to reimburse PayPal for any and all costs, expenses, and fines levied on PayPal by third parties such as its payment processors and/or service providers as a result of your activities.

You agree that, if either you or PayPal commence litigation or arbitration in connection with this paragraph, the prevailing party is entitled to recover reasonable lawyers’ fees and any other costs incurred in such proceeding in addition to any other relief to which the prevailing party may be entitled.

2.11. Liability for reversals
Payments received in your PayPal Account may be reversed at a later time, for example, if a payment is subject to a credit card chargeback, Reversal, Buyer Protection Claim or is otherwise invalidated. This means that a payment may be reversed from your PayPal Account after you have provided the sender the goods or services that were purchased. For details please refer to Section 10. of this User Agreement.

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3. Sending and Receiving Payments

3.1. Sending PayPal Payments

a. Sending Limits
We may, at our discretion, impose limits on the amount of payments you can send through the PayPal Services. Once you reach your sending limit, you will be required to link and confirm your credit card or to verify your PayPal Account before using the PayPal Services to send any more payments. You can view your sending limit, if any, by logging into your PayPal Account and clicking on the View Limits link on the Account Overview page. If you have a Verified Account, we may increase your sending limits.

"Verified Account" means a PayPal Account status that reflects that PayPal has verified that a PayPal Account holder has legal control of one or more of his or her Funding Sources. A Verified Account status does not constitute an endorsement of a User or a guarantee of a User's business practices.

b. Default Funding Source
When you make a payment, if you have not selected a Preferred Funding Source, PayPal will fund your transaction in this order (subject to availability based):

  1. Balance,
  2. Credit card,
  3. Electronic Transfer.

Note:
If you do not want to use your Balance, you must withdraw it before making a payment.

c. Preferred Funding Source
You can choose any of the Funding Sources in your PayPal Account as your Preferred Funding Source for obtaining E-Money in your Balance to cover a Payment Order, subject further to this User Agreement. PayPal may allow you to choose a Preferred Funding Source for certain future Payment Orders in your PayPal Account preferences of you PayPal Account from time to time. There may be times when your Preferred Funding Source cannot be used, depending on the nature of the Funding Source, the type of Payment Order it is used to fund or the recipient. For example (on a non-exhaustive basis):

  1. You select a credit card that has expired;
  2. You have a pre-existing Balance available to cover the Payment Order instead, in which case PayPal may use your pre-existing Balance for the E-Money to cover your Payment Order before using your Preferred Funding Source.

PayPal may disapply clause 3.1.c.2. and use your Preferred Funding Source to obtain E-Money to cover certain Payment Orders even if you have pre-existing Balance, subject further to this User Agreement.

d. Refused and Refunded Payments
When you send a payment, the recipient is not required to accept it. Any unclaimed, refunded or denied payment will be returned to your Balance or to your original Funding Source. We will return any unclaimed payment to you within 30 days of the date you initiated the payment.

e. Merchant Processing Delay
When you send a payment to certain merchants, you are providing an authorization to the merchant to process your payment and complete the transaction at a later time. For instance, this may be the case if the total payment amount has not yet been defined at the time of purchase. In such case you authorize the merchant to adjust the total payment amount up to a certain level as agreed with you previously (for example, when total material costs were unknown at the time of purchase). Your authorization will remain valid typically for up to 30 days. In this case you authorize PayPal to complete the payment up to the maximum amount as agreed with the merchant. PayPal shall not be held liable for verifying the information provided by the merchant.

If you have a Balance in your PayPal Account at the time when you initiate the payment order to PayPal, we shall hold the amount in your Reserve Account. The payment will display as "Held" in your PayPal Account until the merchant processes the transaction. If your payment requires a currency conversion by us, the exchange rate will be determined at the time the merchant processes your payment and completes the transaction.

f. Pre-approved Payments

By providing an advance Authorization for Pre-approved Payments, you:

  • Give the third party the ability to collect or reverse fixed or variable amount payments from your Account on a one-time basis, or on a (sporadically or periodically) recurring basis (as further specified in the applicable billing agreement – the document that you agree to when giving the Authorization) until you cancel your Authorization or underlying arrangement with the applicable third party; and
  • Hereby authorize and instruct PayPal to pay the third party (or another person they direct) from your PayPal Account amounts you owe as presented to us by the third party. This makes the recipient a trusted beneficiary of all your payments made under that Authorization, so we will not ask you to log in or approve the payments when they are made. You agree that PayPal is not obligated to verify or confirm the amount the third party presents to us for the purpose of processing this type of payment. You further acknowledge and agree that payments made under this provision are variable and may be made on various dates.

If you use the PayPal Location Based Payments Functionality to make a Pre-approved Payment to another User (typically a merchant) who accepts payments through the PayPal Location Based Payments Functionality, you may Authorize that User by selecting the User in the PayPal Location Based Payments Functionality. When you Authorize such a User, we may restrict the total amount that the Authorized User can request from your Account within a specific time period, as we may determine at our own discretion.

If your Pre-approved Payment requires a currency conversion by us, the amount of the Currency Conversion Fee will be determined at the time the applicable third party processes your payment and completes the transaction. You acknowledge that the exchange rate determined at the time of each payment transaction will differ and you agree to the future execution of Pre-approved Payments being based on fluctuating exchange rates.

Prospective Payment Recipients acting under the above Authorizations who present us with a payment request under this provision hereby:

  • Warrant to PayPal that the amounts they present have been agreed and consented to by the User whose PayPal Account will be deducted (including changes to those amounts) and that they will give prior notice of the deduction to the payer; and
  • Agree that they will notify the payer at least four weeks in advance of the amount they will collect if that amount has increased in such a manner that the payer could not have reasonably expected to pay such an amount, taking into account the payer’s previous spending patterns and the circumstances of the payment and that they will be liable to PayPal for any refunds of such payment in accordance with the terms of this User Agreement.

You agree that you cannot request a refund from PayPal for a Pre-approved Payment unless:

  1. The Authorization did not specify the exact amount of the payment transaction when the Authorization was given and the applicable amount exceeded the amount you could have reasonably been expected to pay, taking into account your previous spending patterns and the circumstances of the case;

and

  1. Your consent to the making of the third party initiated payment was not given;

or

  1. The information relating to the third party initiated payment was not provided or made available to you for at least four weeks before the date the payment transaction was made to the merchant;

and

  1. You notify us of the request within 8 weeks from the date the payment was made;

and

  1. You comply with our requests to obtain information which we reasonably require to review the circumstances of the case. We reserve the right to request further information as is reasonably necessary to ascertain whether the above conditions have been satisfied and to waive any or all of the above conditions.

g. Stopping a Preapproved Payment
You may stop a Pre-approved Payment authorization with a merchant or other third party at any time up to three business days prior to the date the next payment is scheduled to be made by notifying PayPal. To stop a Pre-approved Payment, access the “My Pre-approved Payments” section of your PayPal Account profile and follow the links to stop the payment. If you stop a Pre-approved Payment you may still be liable to the merchant or respective other third party for the payment or for other penalties under the terms of your agreement with the merchant or respective other third party, and you may be required to pay the merchant or respective other third party through alternative means.

h. Electronic Transfers
When you make a payment through PayPal that is funded by Instant Transfer or eCheck, and when you initiate an "Add Funds" transaction you are requesting an electronic transfer from your Bank account. Upon such request, PayPal will make electronic transfers via the Automated Clearing House (ACH) system from your Bank account in the amount you specify. You agree that such requests constitute your authorization for such transfers. PayPal will never make transfers from your Bank account without your authorization. This feature is not available in all countries.

PayPal provides you protection against unauthorized withdrawals from your Bank account under the terms of the Electronic Fund Transfer Rights and Error Resolution Policy. You may be charged a service fee for any ACH transactions that result in a returned ACH item, such as but not limited to those caused by insufficient funds in your Bank account, closure of your Bank account, or if the Bank account number or other information you provided is incorrect. Currently, returns to Bank accounts are charged a returned ACH fee based on their location. PayPal reserves the right to resubmit for collection any ACH debit authorized by you (Instant Transfer, eCheck or Add Funds) that is returned for insufficient or uncollected funds.

i. Sending E-Money in Different Currencies

You may send E-Money in the following currencies:

SENDING CURRENCIES

Currency

ISO-4217-Code

Australian dollar

AUD

Brazilian real

BRL

British pound sterling

GBP

Danish krone

DKK

Euro

EUR

Hong Kong dollar

HKD

Israeli new shekel

ILS

Japanese yen

JPY

Canadian dollar

CAD

Malaysian ringgit

MYR

Mexican peso

MXN

New Taiwan dollar

TWD

New Zealand dollar

NDZ

Norwegian krone

NOK

Polish zloty

PLN

Russian ruble

RUB

Swedish krona

SEK

Swiss franc

CHF

Singapore dollar

SGD

Thai baht

THB

Czech koruna

CZK

Hungarian forint

HUF

US dollar

USD


There may be some restrictions with regard to where you can send certain currencies. When you send E-Money for someone to receive a currency that is different than the primary currency of your PayPal Account, we follow these practices:

  • If you have an existing Balance in the receiving currency, we will send your payment from your Balance;
  • If you have a Balance in a currency different than the receiving currency, we will perform a currency conversion (pursuant to clause 5.2.) and use the converted Balance to send your payment;
  • If you do not have any Balance, we automatically obtain Balance in the primary currency of your PayPal Account from the relevant Funding Source pursuant to Section 3. to cover your Payment Order (and any Fees you owe us). When you pay us, your Funding Source provider may apply (and may charge you for) any required currency conversion. We will then perform a currency conversion (pursuant to clause 5.2.) from the primary currency of your PayPal Account and send your payment (and collect Fees that are payable in the currency in which the payment is received by the recipient) from the converted Balance.

3.2. Receiving PayPal Payments
PayPal may allow anybody to initiate a payment resulting in the issuance of transfer of E-Money to your PayPal Account. By integrating into your online checkout/platform any functionality intended to enable a payer without a PayPal Account to send a payment to your PayPal Account, you agree to all further terms of use of that functionality which PayPal will make available to you on any page on the PayPal or Braintree website (including any page for developers and our Legal Agreements page) or online platform. Such further terms include the PayPal Local Payment Methods Agreement.

  1. Account Receiving Limit
    PayPal places limits on the amount of funds you may receive each month based on the primary currency of your PayPal Account.

    The cap is based on the sign-up date for the PayPal Account, and is reset each month. Once you have reached your monthly limit, the payment will have a “Pending” status, and you will need to take certain steps to accept the payment. If a payment is “Pending” based on your having reached your Receiving Limit and your limit is reset, the payment will remain Pending until you have completed to process or deny the payment. If you refund a payment, your Receiving Limit will not be reset for the amount of the payment.
  2. Receiving Preapproved Payments and /or Delayed Payment
    If you receive Preapproved Payments and/or Delayed payments you must receive your Buyer’s authorization to the payment amount, frequency and duration prior to submitting the payment and notify the Buyer an appropriate time before you submit the payment. Without limiting any of your liability based on other circumstances, you are liable to PayPal for any refunds of such payment, unless such refund is not made as a consequence of any violation of their obligations under this paragraph.
  3. Liability for Invalidated Payments
    When you receive a payment, you are liable to PayPal for the full amount of the payment sent to you plus any Fees if the payment is later invalidated for any reason, unless the transaction is protected by PayPal Seller Protection. This means that, in addition to any other liability, you will be responsible for the amount of the payment sent by the sender, plus the applicable Fees listed in the Fees Policy, if you lose a Claim under PayPal Seller Protection or a credit card Chargeback, or if there is a Reversal of the payment (as defined below).
  4. Use of PayPal on eBay
    Sellers who offer PayPal as a payment method in their eBay listings must follow these requirements:
  • Accept PayPal if the eBay listing includes PayPal as a payment method,
  • Accept all PayPal funding sources from a buyer, including but not limited to credit cards,
  • Accept international PayPal transactions if the eBay listing offers shipping outside of their country,
  • Sellers may not charge a surcharge for accepting PayPal as a payment method.
  1. Your Refund Policy, Data Protection, Privacy Policy and Security
    We recommend that if you are selling goods or services you have a published return policy and a published privacy policy on your website.

    Your privacy policy must clearly and expressly indicate that all PayPal transactions are subject to the PayPal Privacy Policy. You must employ reasonable administrative, technical and physical measures to maintain the security and confidentiality of any and all PayPal data and information, including data and information about PayPal users and PayPal.

    Compliance with Data Protection Laws. With regard to any personal data processed by either Party in connection with this Agreement, the Parties will respectively each be a controller in respect of such processing. Each Party agrees to comply with the requirements of the Data Protection Laws applicable to controllers in respect of the provision of the Company Services and otherwise in connection with this Agreement. For the avoidance of doubt, PayPal and the Merchant each have their own, independently determined privacy policies, notices and procedures for the personal data they hold and are each a data controller (and not joint data controllers).

    In complying with the Data Protection Laws, each Party shall, without limitation:
  • implement and maintain at all times all appropriate security measures in relation to the processing of personal data;
  • maintain a record of all processing activities carried out under this Agreement; and
  • not knowingly do anything or permit anything to be done which might lead to a breach by the other Party of the Data Protection Laws.

In addition to our rights, where we determine that there has been or that there is a reasonable likelihood of a security breach of your website or systems that could result in the unauthorized disclosure of customer information, we may take any other actions we deem necessary and/or require you to provide us with information related to any such breach.

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4. Balances and Withdrawing Money

4.1. Balances
If you hold a Balance, PayPal will hold your funds in Pooled Accounts separate from its corporate funds, and it will not use your funds for its operating expenses or for any other corporate purposes. PayPal will not voluntarily make your funds available to its creditors in the event of bankruptcy. You will not receive interest or other earnings on the amounts in your Balance. PayPal may receive interest on amounts that PayPal holds on your behalf. You agree to assign your rights to PayPal for any interest derived from your funds.

4.2. Setoff of Past Due Amounts
If you have a past due amount owed to a PayPal affiliate, subsidiary, or parent company, PayPal may debit your PayPal Account to pay any amounts that are more than 180 Days past due.

4.3. Negative Balances and Multiple Currencies
If your PayPal Account has a negative Balance, PayPal may set-off the negative Balance with any funds that you subsequently add or receive into your PayPal Account or deduct the amount from a withdrawal you may have requested. If you have multiple currency Balances in your PayPal Account and one of the currency Balances becomes negative for any reason, PayPal may set-off the negative Balance by using funds you maintain in a different currency Balance. In case you have a negative Balance, the next time you make a credit card or direct debit payment, we may also charge your credit card or, as applicable, Bank account, with the outstanding amount in addition to the payment amount. You will be notified during the payment process.

4.4. Risks of Maintaining Balances in Multiple Currencies
You are responsible for all risks associated with maintaining Balances in multiple currencies. This may include fluctuating exchange rates. You agree that you will not attempt to use multiple currencies for speculative trading.

4.5. Reserves
If PayPal places a reserve on funds in your PayPal Account (see clause 10.7.), the funds will be shown as “pending” in your PayPal Account.

4.6. How to Withdraw Money

You may withdraw funds by electronically transferring them to your Swiss bank account. Withdrawing E-Money from your PayPal Account to your bank account is equal to redeeming E-Money into Swiss francs (CHF).

If you withdraw

  • a Balance held in a currency other than the original opening currency of your PayPal Account, or
  • to a bank account held in a currency other than the original opening currency of your PayPal Account

you will be charged a Currency Conversion Fee to convert it to your primary currency Balance.

The original opening currency of your Account is Swiss francs (CHF).


4.7. Withdrawal Limits
Depending on the degree to which you have Verified your PayPal Account, we may limit your ability to withdraw funds until you comply with our requests for information. You can view your withdrawal limit, if any, by logging into your PayPal Account and clicking on the View Limits link on the "Account Overview" page. In addition, we may delay withdrawals of large sums of money while we perform a risk review, and to impose Reserves in the event of a withdrawal, to cover an increased risk for us or our customers.

For regulatory and fraud prevention purposes, PayPal generally reserves the right to review any withdrawals and may request additional identity information or other verification information or transaction information before releasing the funds into your designated bank account. Failure to provide the necessary information when requested may delay your ability to withdraw funds and may under locals laws be deemed suspicious activity.

4.8. Multiple Currencies
You may hold funds in your PayPal Account in different currencies. We will always make the payment to your Swiss Bank account in Swiss francs (CHF). Therefore, if you withdraw a Balance which is in a currency other than CHF, a currency conversion will apply (see below).

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5. Fees and Currency Conversion

5.1. Fees
Fees for Users registered in Switzerland are as specified in the Fees Policy. The Fees Policy constitutes an integral part of this User Agreement. For Users with a PayPal Account registered in a region which is not Switzerland, then for the avoidance of doubt, those Users will be liable to PayPal for the fees as set out in the terms of the User Agreement relevant to that other region or as set out in the Fee Table available from the “footer” of each page of the PayPal website applicable to the country where the User is registered.

If other Fees apply for services or functionalities not referred to in the Fees Policy, you will be notified of those Fees on the PayPal Website(s) where those other services or functionalities are offered or provided.

Fees will be assessed in the currency of the payment unless otherwise specified. Your PayPal Account and all transactions are made and displayed in Swiss francs (CHF) unless otherwise specified and may be subject to exchange rates. All fees related to the PayPal Services, are made free and clear of, and without any deduction or withholding for and on account of, any taxes, duties or other deductions. Any such deduction or withholding, if required by the laws of any country, shall be on your account and be borne by you.

5.2. Currency Conversion

Where a currency conversion is required, it will be converted at the transaction exchange rate we set for the relevant currency exchange.

The transaction exchange rate is adjusted regularly and includes a Currency Conversion Fee applied and retained by us on a base exchange rate to form the rate applicable to your conversion. The base exchange rate is set on the basis of rates within the wholesale currency markets, or if required by law or regulation, at the relevant government reference rate(s), in each case on the conversion date or the prior business day.

The transaction exchange rate applied to your conversion may be applied immediately and without notice to you.

The “Currency Converter” tool can be accessed through your PayPal Account and used to see what transaction exchange rates apply for certain currency exchanges at the time you use the tool.

Where a currency conversion is offered by PayPal to you when you make your transaction (e.g. at the point of sale) you will be shown the transaction exchange rate that will be applied to the transaction before you proceed with your Authorization of the payment transaction. By proceeding with your Authorization of the payment transaction you are agreeing to the currency conversion on the basis of the transaction exchange rate shown.

Where your payment is funded by Bank or Credit Card and involves a currency conversion by PayPal, by entering into this Agreement you consent to and authorize PayPal to convert the currency in place of your Bank or Credit card issuer.

Depending on the type of Funding Source used for your payment you may opt out of a currency conversion by PayPal before you complete your payment during checkout, in which case PayPal has no liability to you for your use of other currency conversion options.

Where a currency conversion is offered at the point of sale by the Merchant, not by PayPal, and you choose to Authorize the payment transaction on the basis of the Merchant's exchange rate and charges, PayPal has no liability to you for such currency conversion by a Merchant.

Where transactions are funded with direct debit, we will, unless we have a special agreement with you, always debit your bank account in Swiss francs (CHF) and, if required for the transaction, offer a currency conversion.

If you receive a payment in a currency other than the primary currency of your PayPal Account from anyone who doesn’t have a PayPal Account, the payment amount will be converted into the primary currency of your PayPal Account by PayPal for you at the time the payment is made, in accordance with this clause 5.2. (except where otherwise agreed by PayPal) and you agree to bear the Currency Conversion Fee of the Fees Policy (which is included in the transaction exchange rate you pay), before any other transaction fees apply.

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6. Your Information

6.1. Definition
"Your Information" is defined as any information you provide to us or other users in the registration, payment process, stores or other features of the PayPal Services. You alone are responsible for Your Information, as we act as a passive conduit for your online distribution and publication of Your Information.

6.2. Inaccurate Information
Failure to provide true and accurate identification information is prohibited. PayPal will restrict your PayPal Account and limit your access to funds should you fail to provide true and accurate information at registration.

6.3. License
Solely to enable PayPal to use the information you supply us with, so that we are not violating any rights you might have in that information, you agree to grant us a non-exclusive, worldwide, royalty-free, perpetual, irrevocable, sublicensible (through multiple tiers) right to exercise the copyright, publicity, and database rights (but no other rights) you have in Your Information, in any media now known or not currently known, with respect to Your Information. PayPal will use and protect Your Information in accordance with our Privacy Policy.

6.4. Trademarks
PayPal.com, PayPal, and all related logos, products and services described on the PayPal Websites are either trademarks or registered trademarks of PayPal or its licensors, and (aside from the circumstances described below) may not be copied, imitated or used, in whole or in part, without the prior written permission of PayPal. In addition, all page headers, custom graphics, button icons, and scripts are service marks, trademarks, and/or trade dress of PayPal and may not be copied, imitated, or used, in whole or in part, without the prior written permission of PayPal.

Notwithstanding the above, HTML logos provided by PayPal through its Affiliate Program, Website Payments features, or Auctions Tools features ("Logos"), may be used without prior written consent for the purpose of directing web traffic to the PayPal Services. These Logos may not be altered, modified, or changed in any way, or used in a manner that is disparaging to PayPal or the PayPal Services. Logos may not be displayed in any manner that implies sponsorship or endorsement by PayPal. PayPal is a payment service, and no partnership, joint venture, employee-employer or franchiser-franchisee relationship is intended or created by this User Agreement.

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7. Access and Interference

Our web site contains robot exclusion headers and you agree that you will not use any robot, spider, other automatic device, or manual process to monitor or copy our web pages or the content contained herein without our prior expressed written permission. You agree that you will not use any device, software or routine to bypass our robot exclusion headers, or to interfere or attempt to interfere with the proper working of the PayPal site or any activities conducted on our site. You agree that you will not take any action that imposes an unreasonable or disproportionately large load on our infrastructure. Much of the information on our site is proprietary or is licensed to PayPal by our users or third parties. You agree that you will not copy, reproduce, alter, modify, create derivative works, publicly display or frame any content (except for Your Information) from our web site without the prior expressed written permission of PayPal or the appropriate third party. If you use, or attempt to use the PayPal Services for purposes other than sending and receiving payments and managing your PayPal Account, including but not limited to tampering, hacking, modifying or otherwise corrupting the security or functionality of the PayPal Services, your PayPal Account will be terminated and you will be subject to damages and other penalties, including criminal prosecution where available.

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8. Privacy and Security

We do not sell or rent your Information to third parties for marketing purposes without your consent and we only use your Information as described in the Privacy Policy. We view protection of users' privacy as a very important principle. We understand clearly that you and your Information are one of our most important assets. We store and process your Information on computers located in the United States that are protected by physical as well as technological security devices. You should only log in to your PayPal Account on a page which begins with https://www.paypal.com/. All of our pages begin with https://www.paypal.com/ and therefore you should not use any other site that does not begin as such. We use third parties to verify and certify our privacy principles. Our current Privacy Policy is available at https://www.paypal.com/cgi-bin/webscr?cmd=p/gen/privacy-outside. If you object to your information being transferred or used in this way, please do not use the PayPal Services.

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9. Term and Closing Your PayPal Account

Your agreement with us starts when you successfully register for a PayPal Account and ends when your PayPal Account is closed for whatever reason, except that this User Agreement survives termination to the extent and for so long as we require to deal with the closure of your PayPal Account and to comply with applicable laws and regulations (including, without limitation Sections 1., 7., 8., 10., 14., 15., 16. and the Fees Policy).

You can close your PayPal Account at any time by logging in to your PayPal Account, clicking on the “Profile” tab, clicking on the “Close Account” link, and then following the instructions. See the PayPal Help Center for details.

We may close your PayPal Account at our convenience by providing you with two months' prior notice. We may also close your PayPal Account at any time where:

  • You are in breach of the terms of this User Agreement and/or we are entitled to close your PayPal Account under clause 10.3.;
  • You do not access your PayPal Account for three years; or
  • We suspect that your PayPal Account has been accessed without your authorization.

Where we decide to close your PayPal Account we will provide you with notice of PayPal Account closure, and where practicable, the reasons for closing your PayPal Account, together with the ability to withdraw any undisputed funds that we are holding.

When your PayPal Account is closed:

  • We may cancel any pending transactions;
  • We may suspend, limit or terminate your access to or use of the PayPal Services, websites, software, systems (including any networks and servers used to provide any of the PayPal Services) operated by us or on our behalf or some or all of the PayPal Services;
  • You will remain liable for all outstanding obligations under this User Agreement related to your PayPal Account prior to closure;
  • We may keep your PayPal Account information in our database for the purpose of fulfilling our legal obligations; and
  • We may retain your Balance after closure to the extent and for the time we reasonably require to protect PayPal and/or any third party against the risk of Reversals, Chargebacks, Claims, fees, fines, penalties and other liabilities of whatever nature. After this time you will be able to withdraw any undisputed funds that we are holding. Please contact PayPal Customer Service if you have any questions about funds held in your PayPal Account on closure.

If you are the legal representative of an incapacitated or deceased PayPal Account holder, please contact our Customer Support for assistance.

9.2. Limitations on Closing Your Account
You may not evade an investigation by closing your PayPal Account. If you close your PayPal Account while we are conducting an investigation, we may hold your funds to protect PayPal, its parent, subsidiaries and affiliates or a third party against the risk of Reversals (as defined below), credit card chargebacks, claims that a User files directly with PayPal in the PayPal Resolution Center (e.g. Buyer Protection Claims), fees, fines, penalties and other liability.

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10. Your Liability, Remedies and PayPal's Right to Collect From You

10.1. Your Liability

  1. Responsibilities
    You are responsible for
  • Reversals,
  • Credit card chargebacks,
  • Fees, fines, and penalties,
  • Any other liability incurred by PayPal, a User, or a third party caused by your use of the PayPal Services and/or arising from your breach of this User Agreement.

You agree to reimburse PayPal, a User, or a third party for any and all such liability.

"Reversal" means PayPal reverses a payment you received because (i) it is invalidated by the sender's bank, (ii) it was sent to you in error by PayPal, its parent, subsidiaries, affiliates, eBay or any direct or indirect PayPal subsidiary, (iii) the sender of the payment did not have authorization to send the payment (for example: the sender used a stolen credit card or PayPal Account takeover), (iv) you received the payment for activities that violated this User Agreement, the PayPal Acceptable Use Policy, or any other policy, or (v) PayPal decided a Buyer Protection Claim against you as described below, without you being protected by the PayPal Seller Protection in the individual case.

  1. Liability for PayPal Buyer Protection Claims

If PayPal makes a final decision that you lose a Claim under PayPal Buyer Protection filed directly with PayPal, you will be required to reimburse PayPal for your liability, which will include the full purchase price of the item and original postage costs (and in some cases, you may not receive the item back). Please see the PayPal Buyer Protection Policy and the PayPal Seller Protection Policy for details on how PayPal Buyer Protection may affect you as a Seller.

10.2. Liability for claims filed directly with eBay through the eBay Buyer Protection resolution process
If you are an eBay seller, eBay requires that you comply with the eBay Buyer Protection resolution process. As such, you have provided eBay with permission to make a final decision on a claim that a buyer files against you directly with eBay. If eBay makes a final decision that you lose a claim, you agree to allow PayPal to remove funds from your PayPal Account in order to reimburse eBay for your liability. Any claim filed directly with eBay is not covered by PayPal Seller Protection.

10.3. Restricted Activities
In connection with your use of our website, your PayPal Account, the PayPal Services, or in the course of your interactions with PayPal, other PayPal users, or third parties, you will not:

  1. Breach this User Agreement, the Commercial Entity Agreement, the Acceptable Use Policy or any other document incorporated herein, or other Policy that you have agreed to with PayPal;
  2. Violate any law, statute, ordinance, or regulation;
  3. Infringe PayPal's or any third party's copyright, patent, trademark, trade secret or other intellectual property rights, or rights of publicity or privacy;
  4. Sell counterfeit goods;
  5. Act in a manner that is defamatory, trade libelous, threatening or harassing;
  6. Provide false, inaccurate or misleading Information;
  7. Use an anonymizing proxy, whether electronically, physically (e.g. using a P.O. box as your address) or otherwise;
  8. Engage in potentially fraudulent or suspicious activity and/or transactions;
  9. Refuse to cooperate in an investigation or provide confirmation of your identity or any Information you provide to us;
  10. Receive or attempt to receive funds from both PayPal and the Seller, bank or credit card issuer for the same transaction during the course of a dispute;
  11. Control a PayPal Account that is linked to another PayPal Account that has engaged in any of these Restricted Activities (a PayPal Account is deemed to be “linked” to another PayPal Account for the purpose of this clause 10.3.k. where PayPal has reason to believe that both PayPal Accounts are controlled by the same legal personality or group of legal personalities (including, without limitation, individuals), which is more likely when both PayPal Accounts share certain attributes, including, without limitation, the same recorded user name, email address, funding source (e.g. Bank account) and/or recorded ID used to receive services from PayPal’s partners (such as an eBay ID);
  12. Conduct your business or use the PayPal Services in a manner that results in or may result in complaints, disputes, claims under the PayPal Buyer Protection Policy, Reversals, credit card chargebacks, fees, fines, penalties and other liability to PayPal, other Users, third parties or you;
  13. Have a credit score from a credit reporting agency that indicates a high level of risk associated with your use of the PayPal Services;
  14. Use your PayPal Account or the PayPal Services in a manner that PayPal, Visa, MasterCard, American Express, Discover or any other electronic funds transfer network reasonably believes to be an abuse of the card system or a violation of card association or network rules;
  15. Undertake an activity that does or may present to us a credit or fraud risk, a sudden increase in exposure, or a significant or otherwise detrimental level of exposure (as PayPal reasonably believes based on the information available to it);
  16. Allow your PayPal Account to have a negative Balance;
  17. To hold multiple PayPal Accounts (other than one Private Account and one Business Account), unless your have expressly agreed otherwise with us;
  18. Provide yourself a cash advance from your credit card (or help others to do so);
  19. Access the PayPal Services from a country that is not listed on PayPal's Worldwide page;
  20. Disclose or distribute another User's Information to a third party, or use the Information for marketing purposes unless you receive the User’s express consent to do so;
  21. Send unsolicited email to a User or use the PayPal Services to collect payments for sending, or assisting in sending, unsolicited email to third parties;
  22. Take any action that imposes an unreasonable or disproportionately large load on the PayPal Services, our infrastructure, our websites, our software, or our systems (including any network and servers used to provide any of the PayPal Services) whether operated by us or on our behalf;
  23. Facilitate any viruses, Trojan horses, malware, worms or other computer programming routines that attempt to or may damage, disrupt, corrupt, misuse, detrimentally interfere with, surreptitiously intercept or expropriate or gain unauthorized access to any system, data or Information or the PayPal Services;
  24. Integrate the PayPal Services as payment method in a way which makes it impossible for a customer to identify whether he or she is on the PayPal Website(s) (Example: iFraming, the URL is not visible for the customer);
  25. Use an anonymizing proxy; use any robot, spider, other automatic device, or manual process to monitor or copy our website without our prior written permission;
  26. Use any device, software or routine to bypass our robot exclusion headers, or interfere or disrupt or attempt to interfere our disrupt with our website, software, systems (including any networks and servers used to provide any of the PayPal Services) operated by us or on our behalf, any of the PayPal Services or other Users’ use of any of the PayPal Services;
  27. Take any action that may cause us to lose any of the services from our Internet service providers, payment processors, or other suppliers;
  28. Allow your use of the PayPal Services to present to PayPal a risk of non-compliance with PayPal’s anti-money laundering, counter terrorist financing and similar regulatory obligations (including, without limitation, where we cannot verify your identity or you fail to complete the steps to lift your sending, receiving or withdrawal limit in accordance with this User Agreement); or
  29. Reveal your PayPal Account password(s) to anyone else, nor may you use anyone else's password. We are not responsible for losses incurred by you including, without limitation, the use of your PayPal Account by any person other than you, arising as the result of misuse of passwords, or
  30. use, or attempt to use the Service for purposes other than sending and receiving payments and managing your PayPal Account, or abuse the reversal process provided by your credit card issuer or your Bank where you hold a bank account registered with your PayPal Account, or abuse the PayPal Buyer Protection or PayPal Seller Protection processes;
  31. Suffer (or cause us to determine that there is a reasonable likelihood of) a security breach of your website or systems that could result in the unauthorized disclosure of customer information.

You agree that engaging in the above Restricted Activities diminishes your or other PayPal customers' safe access and/or use of your Payment Instrument, PayPal Account or the PayPal Services in general.

 

10.4. Reimbursement for Your Liability
In the event you are liable for any amounts owed to PayPal, PayPal may immediately remove such amounts from your Balance (if available). If there are insufficient funds in your Balance to cover your liability, your remaining Balance will be removed, your PayPal Account will have negative Balance up to the amount of your liability, and PayPal reserves the right to collect your debt to PayPal by using any payments received in your PayPal Account and otherwise you agree to reimburse PayPal through other means. PayPal may also recover amounts you owe us through legal means, including, without limitation, through the use of a debt collection agency.

Additionally, to secure your performance of this User Agreement, you grant to PayPal a lien on and security interest in your PayPal Account.

10.5. Remedies of PayPal – Restricted Activities
In addition to any other rights under this User Agreement, if PayPal, in its sole discretion, believes that you may have engaged in any Restricted Activities as specified above, we may, at any time take various actions to protect PayPal, its parent, subsidiaries and affiliates, eBay, other PayPal users, other third parties or you from Reversals, credit card chargebacks, claims under the PayPal Buyer Protection process, fees, fines, penalties and any other liability. The actions we may take include but are not limited to the following:

  1. We may close, suspend, or limit your access to your PayPal Account or the PayPal Services;
  2. We may refuse to provide the PayPal Services to you now and in the future; and
  3. We may hold your funds for a period of time reasonably needed to protect against the risk of liability to PayPal or a third party, or if we believe that you may be engaging in potentially fraudulent or suspicious activity and/or transactions.

10.6. Temporary Holds

  1. Risk-Based Holds

PayPal, in its sole discretion, may place a hold on any or all of the payments you receive when PayPal believes there may be a high level of risk associated with you, your PayPal Account, or any or all of your transactions. PayPal’s determination may be based on different factors and PayPal may rely on information it receives from third parties such as eBay. If PayPal places a hold on a payment, the funds will appear in your “pending balance” and the payment status will indicate the hold, for example it can show as “Completed - Funds not yet available.” If PayPal places a hold on any or all of the payments you receive, PayPal will provide you with notice of our actions. PayPal will release the hold on any payment after 30 Days from the date the payment was received into your PayPal Account unless PayPal has a reason to continue to hold the payment such as (a) the receipt of a dispute, claim, credit card chargeback, or Reversal, (b) PayPal believes that you have violated the terms of this User Agreement or any other Policy and that such a violation results in the need to continue holding the funds, or (iii) PayPal believes that you may be engaging in potentially fraudulent or suspicious activity and/or transactions. In such an event, PayPal may continue holding the payment in your PayPal Account until the matter is resolved pursuant to this User Agreement. PayPal, in its sole discretion, may release the hold earlier under certain circumstances, for example when you upload tracking information of the item you shipped.

  1. Disputed Transactions Holds

If a buyer files a Claim, Chargeback or Reversal on a payment you received, PayPal will place a temporary hold on the funds in your PayPal Account to cover the full amount in dispute. A hold placed under this provision will not restrict your use of the PayPal Account with regard to funds other than those disputed or at risk under the Claim, Chargeback or Reversal. This process also applies to claims that a buyer files with eBay through the eBay resolution process and where eBay has notified us of the claim. For further details please see the PayPal Seller Protection Policy.

10.7. Reserves
PayPal, in its sole discretion, may place a reserve on funds held in your Premier or Business Account when PayPal believes there may be an increased level or risk associated with your PayPal Account. If PayPal places a reserve on funds in your PayPal Account, the funds will be shown as “pending” in your PayPal Account. If your PayPal Account is subject to a Reserve, PayPal will provide you with notice specifying the terms of the reserve. The terms may require that a certain percentage of the amounts received in your PayPal Account are held for a certain period of time, or that a certain amount or percentage is held in reserve. PayPal may change the terms of the reserve by providing you with notice of the new terms. In the event you do not agree to the terms of the reserve, you may terminate your PayPal Account with PayPal.

When managing risk for PayPal Accounts, we may also take the following measures in regards to withdrawing funds from your PayPal Account to your Bank account:

  • Limit the amount you can immediately withdraw,
  • Change the speed or the method of payment for withdrawals,
  • Setoff amounts from your Balance and/or require that you, or a person associated with you, enter into other forms of security arrangements with us (for example, by providing a guarantee or requiring you to deposit funds with us as security for your obligations to us or third parties). You also agree to undertake, at your own expense, any further action (including, without limitation, executing any necessary documents and registering any form of document reasonably required by us to allow us to perfect any form of security interest or otherwise) required to establish a Reserve or other form of security in a manner reasonably determined by us.

10.8. Remedies of PayPal Account Closure, Termination of Service, Limited Account Access; Confidential Criteria
PayPal, in its sole discretion, reserves the right to terminate this User Agreement and/or access to the Service for any reason and at any time upon notice and payment to you of any unrestricted funds held in your Balance. If we limit access to your PayPal Account, including through a Reserve or hold, we will provide you with notice of our actions, and the opportunity to request restoration of access if, in our sole discretion, we deem it appropriate. Further, you acknowledge that PayPal’s decision to take certain actions, including limiting access to your PayPal Account, placing holds or imposing Reserves, may be based on confidential criteria that is essential to our management of risk, the security of Users’ PayPal Accounts and the PayPal system. You agree that PayPal is under no obligation to disclose the details of its risk management or its security procedures to you. However, PayPal undertakes best efforts to investigate the accounts that have been limited, in order to proceed the respective matter as soon as possible.

 

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11. Assignability

You may not transfer any rights or obligations you may have under this User Agreement without the prior written consent of PayPal. PayPal reserves the right to transfer this User Agreement or any right or obligation under this User Agreement without your consent.

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12. Legal Compliance

You shall comply with all applicable Singapore and international laws, statutes, ordinances, regulations, contracts and applicable licenses regarding your use of the PayPal Services.

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13. Release of PayPal

If you have a dispute with one or more Users, you release PayPal (and our officers, directors, agents, joint ventures, and employees) from any and all claims, demands, and damages (actual and consequential) of every kind and nature arising out of any or in any way connected with such disputes.

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14. Notices

14.1. Electronic Communications
You agree that this User Agreement constitutes "a writing signed by You" under any applicable law or regulation. To the fullest extent permitted by applicable law, this User Agreement and any other agreements, notices or other communications regarding your PayPal Account and/or your use of the PayPal Services ("Communications"), may be provided to you electronically and you agree to receive all Communications from PayPal in electronic form. Electronic Communications may be posted on the pages within the PayPal website and/or delivered to your e-mail address. You may print a copy of any Communications and retain it for your records. All Communications in either electronic or paper format will be considered to be in "writing," and to have been received no later than five business days after posting or dissemination, whether or not you have received or retrieved the Communication. PayPal reserves the right but assumes no obligation to provide Communications in paper format.

14.2. Electronic Evidence
You agree that in the event of a dispute between you and PayPal or you and another User, that PayPal's electronic records of your transactions, the PayPal User Agreement, the PayPal Privacy Policy, any identity verification information provided in a paper format and subsequently scanned or otherwise converted into an electronic format, and any other information stored or created electronically shall be admissible in a court of law or in relation to a law enforcement or regulatory investigation or prosecution.

14.3. Third Party Verification
You agree that where available PayPal may engage third parties, such as credit reporting agencies or identity verification companies order and review your credit report with the sole purpose of assessing your fitness to hold a PayPal Account and/or your ability to use the PayPal Services or features thereof.

14.4. Procedure
Except as explicitly stated otherwise, any notices shall be given by postal mail to

PayPal Pte. Ltd.

Attn: Legal Department

5 Temasek Boulevard

#09-01 Suntec Tower Five

Singapore 038985

Singapore

(in the case of PayPal) or to our online message center or the email address you provide to PayPal during the registration process (in your case). Notice shall be deemed given 24 hours after posted or email is sent, unless the sending party is aware that the electronic communication was not received. Alternatively, we may give you notice by mail to the address provided to PayPal during the registration process. In such case, notice shall be deemed given 3 days after the date of mailing.

 

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15. Legal Disputes

In the event a dispute arises between you and PayPal, our goal is to provide you with a neutral and cost effective means of resolving the dispute quickly. Accordingly, you and PayPal agree that any controversy or claim at law or equity that arises out of this User Agreement or PayPal's services ("Claims") shall be resolved in accordance with one of the subsections below, or as otherwise mutually agreed upon in writing by the parties. Before resorting to these alternatives, PayPal strongly encourages users first to contact PayPal directly to seek a resolution. PayPal will consider reasonable requests to resolve the dispute through alternative dispute resolution procedures, such as mediation, as an alternative to litigation.

15.1. Arbitration
For any Claim (excluding Claims for injunctive or other equitable relief) where the total amount of the award sought is less than USD 10,000.00, you or PayPal may elect to resolve the dispute through binding arbitration conducted by telephone, on-line, and/or based solely upon written submissions where no in-person appearance is required. In such cases, the arbitration shall be administered by the Singapore International Arbitration Centre, or any other established ADR provider mutually agreed upon by the parties. Any judgment on the award rendered by the arbitrator may be entered in any court having jurisdiction thereof.

15.2. Court
Alternatively, any Claim may be adjudicated by a court of competent jurisdiction located in Singapore or where the defendant is located (in PayPal's case, Singapore, and in your case, your home address or principal place of business). You and PayPal agree to submit to the personal jurisdiction of the courts located in Singapore.

15.3. Violations of Section 15.
All Claims (excluding requests for injunctive or equitable relief) between the parties must be resolved using the dispute resolution mechanism that is selected in accordance with this Section 15. by the party first to assert a Claim, either through a court filing or commencement of arbitration. Should either party file an action contrary to this Section 15., the other party may recover lawyers’ fees and costs up to USD 1,000.00, provided that the party seeking the award has notified the other party in writing of the improperly filed Claim, and the other party has failed to withdraw the Claim.

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16. General

This User Agreement is governed by and interpreted under the laws of Singapore as such laws are applied to agreements entered into and to be performed entirely within Singapore. We do not guarantee continuous, uninterrupted or secure access to our service, and operation of our site may be interfered with by numerous factors outside of our control. If any provision of this User Agreement is held to be invalid or unenforceable, such provision shall be struck and the remaining provisions shall be enforced. You agree that this User Agreement and all incorporated agreements may be automatically assigned by PayPal, in our sole discretion, to a third party in the event of a merger or acquisition. Headings are for reference purposes only and in no way define, limit, construe or describe the scope or extent of such section. Our failure to act with respect to a breach by you or others does not waive our right to act with respect to subsequent or similar breaches. This User Agreement and the documents it incorporates set forth the entire understanding between us with respect to the subject matter hereof. Section 5. Fees, clause 2.4. Release, Section 8. Access and Interference, clause 2.6. Limitation of Liability, clause 2.7. Indemnity, and Section 16. General shall survive any termination or expiration of this User Agreement.

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17. Disclosures

The PayPal Services are offered by PayPal Pte. Ltd., 5 Temasek Boulevard, #09-01 Suntec Tower Five, Singapore 038985. Fees for the PayPal Services are described in our Fees Policy.

Disputes between you and PayPal regarding the PayPal Services may be reported to Customer Support online through the PayPal Help Center at any time, or by calling 0041 - 844 560 158 from 8.30 AM to 7.00 PM between Monday and Friday and from 9.00 AM to 7.30 PM between Saturday and Sunday (CHF 0.11/min for calls made via Swiss landline network; different prices might apply for calls using mobile networks).


Consumer advisory - The PayPal payment service is regarded as a stored value facility under Singapore law.

PayPal Pte. Ltd., the Holder of the PayPal stored value facility, does not require the approval of the Monetary Authority of Singapore. Consumers (Users) are advised to read these terms and conditions carefully.

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