Effective Date: November 1, 2016
As required under laws and regulations applicable to PayPal for the purpose of providing PayPal Services to users in Hong Kong:
(a) the PayPal legal entity that a user in Hong Kong contracts with to receive PayPal Services will change from a Singapore company called PayPal Pte Ltd. to a Hong Kong company called PayPal Hong Kong Limited; and
(b) to facilitate this transition, all users in Hong Kong will be required to enter into a new User Agreement with PayPal Hong Kong Limited.
IF YOU ARE A USER IN HONG KONG, YOUR CONTINUED USE OF PAYPAL OR ITS SERVICES AFTER NOVEMBER 1, 2016 MEANS YOU AGREE TO THESE CHANGES.
Material Changes Summary
Substitution of Counterparty
References to PayPal Pte. Ltd., including reference to Singapore laws by which PayPal Pte. Ltd. is governed, has been removed and substituted with PayPal Hong Kong Limited and by Hong Kong laws, respectively.
Please note that balances in the Stored Value Facilities are not covered by the Hong Kong Deposit Protection Scheme.
Section 1.2 clarifies that a user must be a resident of Hong Kong and at least 18 years old, the age of majority under Hong Kong laws, to be eligible to use the PayPal Services.
Interest payments or interest-like incentive schemes in respect of balances held by users in Stored Value Facilities are not allowed under Hong Kong law and you accordingly acknowledge you will have no rights or title to any interests or earnings on the amounts of the fund balances held on your behalf. With your acknowledgement that you have no rights or title to such interests or earnings, we have also deleted the last sentence of 4.1 which had referred to your assignment to PayPal of any interest that PayPal may receive in respect of amounts held on your behalf to avoid confusion.
PayPal Actions After Notification Receipt
The maximum amount of time it takes for us to complete our investigations for new Accounts, or if the transaction was at a point of sale where the user is physically present or a foreign initiated transaction is now 60 days, shortened from 90 days.
Customer Service and Notices to PayPal
In addition to the contact information in the US for customer support, we have identified the number in Hong Kong you may call in case of complaints or if you need local customer support. You may also send a notice to PayPal (other than as expressly stated elsewhere in the User Agreement) at our Hong Kong address: Rooms 1506-07, 15/F, Central Plaza, 18 Harbour Road, Wanchai, Hong Kong.
Disputes with PayPal
Any claims or disputes you may have against PayPal shall be referred to the Hong Kong court or where the defendant is located. The governing law will be Hong Kong.
Third Party Rights
The following new section has been added:
“Third Party Rights. A person who is not a party to this Agreement has no right to enforce any terms of this Agreement under the Contracts (Rights of Third Parties) Ordinance (Cap. 623).”
Other changes, including changes to Exhibits, relate to:
- correction of clerical errors;
- removal of references to features applicable only to jurisdictions outside of Hong Kong; and
- other minor changes to clarify the language.