Last updated on June 13, 2024
Last updated on June 13, 2024
About this Agreement
This Online Card Payment Services Agreement ("Card Agreement") is a contract between you (“Merchant” “you” “your”) and PayPal Pte. Ltd. ("PayPal", "we", "us" or "our" as the context may require). You agree that any use by you of the any of the Online Card Payment Services (as defined below) that we offer to you will constitute your acceptance of this Card Agreement and we recommend that you store or print-off a copy of this Card Agreement.
This Card Agreement, the PayPal User Agreement, and any other applicable agreement(s) you have entered into with PayPal (collectively “PayPal Agreements”) shall apply to your use of the Online Card Payment Services. To proceed with obtaining one or more of the Online Card Payment Services below, you must read, agree with and accept all of the terms and conditions contained in this Card Agreement.
We may amend or otherwise revise this Card Agreement and any applicable policies from time to time. The revised version will be effective at the time we post it on the PayPal Website unless otherwise noted. If our changes reduce your rights or increase your responsibilities, we will post a notice on the Policy Updates page of our Website and provide you with the same length of advance notice as set forth in the PayPal User Agreement. Advance period will not be provided where a change relates to the addition of a new service, extra functionality to the existing Services, or any other change which we believe in our reasonable opinion neither reduce your rights nor increase your responsibilities. In such instances, the change will be made without notice to you and will be effective immediately at the time we post it on our Website.
By continuing to use the Online Card Payment Services after any changes to this Card Agreement, you agree to abide and be bound by those changes. If you do not agree with any changes to this Card Agreement, you may, as applicable, terminate your use of the Online Card Payment Services as set out in clause 11 before such changes become effective and/or close your account. While you may close your PayPal account at any time and without charge, please note that you may still be liable to us after you terminate this Card Agreement for any liabilities you may have incurred and are responsible for prior to terminating this Card Agreement.
“Online Card Payment Services” means the suite of payment processing services offered by PayPal which provide merchants with the ability to accept and receive credit and debit card payments on a website or mobile application or via phone.
For purposes of this Agreement, these Services include:
Each of the Services above includes one or more of PayPal’s online card payment services APIs or PayPal’s SDKs.
Capitalised terms are defined in section 15 below. Please view, download and save this Card Agreement.
You acknowledge that PayPal routes and processes transactions, as appropriate, through the Services via the relevant card companies as remote (card not present) payments. If you accept a card that is physically presented to you at the point of sale you acknowledge that the scope of your protection from chargebacks will be limited to the protection that is available for remote payments.
You acknowledge and agree that the third-party features and terms are provided, updated and noticed solely by the relevant third party (not PayPal), and that PayPal will under no circumstances be responsible or liable for any damages, losses, or costs whatsoever suffered or incurred by you resulting from any use of such third-party features or acceptance of such third-party terms.
If you are using the Recurring Billing, Recurring Payments, or vaulting functionality, including the Vaulting Tool, you agree that it is your responsibility to comply with Association Rules, and applicable law, including by capturing your customers’ consent to store their card on file to be billed for future or recurring transactions and making available a mechanism for your customer to delete their card on file.
PayPal utilises services from banking partners in processing Card Transactions, including both direct payments to you from a card as well as Card Transactions that fund a PayPal payment to you. Schedule 3 below applies in relation to those services. In accepting this Card Agreement, you also accept the terms for Card Transactions in Schedule 3, the terms of which form part of this Card Agreement.
You represent and warrant to PayPal that each transaction that you process through the Advanced Credit and Debit Card Payments or Virtual Terminal services is solely in payment for your provision of bona fide goods and/or services to your customers (each, a “Payor”). You hereby designate PayPal, and PayPal hereby agrees to serve, as your limited agent for the sole purpose of receiving such payments on your behalf from your Payors. You agree that upon PayPal receiving payment from a Payor: (a) you shall be deemed to have received payment from such Payor, (b) such Payor’s obligation to you in connection with such payment shall be satisfied in full, (c) any claim you have for such payment against such Payor shall be extinguished and (d) you are obligated to deliver the applicable goods and/or services to the Payor, in each case regardless of whether or when PayPal remits such payment to you. PayPal will remit to you in accordance with this Card Agreement or apply as an offset to any obligation you may have to PayPal, any such payments it receives on your behalf. Any receipt provided to the Payor shall be binding on you and shall satisfy all applicable regulatory requirements. This paragraph states the entirety of PayPal’s duties as your agent for receipt of payment, and no other duties shall be implied by PayPal’s undertaking to act in that capacity.
Capitalised terms not listed in this clause are defined in the User Agreement or above in this Card Agreement.
Terms of use of the Fraud Protection Functionality
PayPal uses Sumitomo Mitsui Card, Co., Ltd. (“SMCC”) as an Acquiring Institution for processing VISA/Master Card transactions. PayPal shall serve as an agent and enter into a comprehensive agency merchant agreement (and other ancillary documents) with SMCC on behalf of the Merchant in order that the Merchant can exercise its rights and perform its obligations as a merchant of SMCC through PayPal.
The rights and obligations of the Merchant are as set forth in the link below ("SMCC Merchant Agreement”).
https://www.smbc-card.com/kamei/kiyaku/responsive/pdf/smbc-card_kiyaku_tsuhan.pdf
In addition, in the event that the Merchant utilizes the App Payment with VISA/Master card (the App Payment shall mean to make payment with Online Card Payment Service by using an app separately designated by SMCC (“Authentication App”) which authenticates the identity of a cardholder by collating the information pre-registered with a device of the cardholder and the information filled in to the device by the cardholder), the Merchant shall comply with the following terms and conditions set forth by SMCC.
By agreeing to the terms of this Card Agreement, you are deemed to have acknowledged and agreed that, in the most recent five years, you have not been subject to an administrative discipline action in violation of the Specified Commercial Transactions Act nor have obtained a legal judgment in violation of the Consumer Contract Law.
PayPal uses JCB (“JCB”) as an Acquiring Institution for processing JCB and Diners Club card transactions. PayPal shall serve as an agent and enter into a comprehensive agency merchant agreement (and other ancillary documents) with JCB on behalf of the Merchant in order that the Merchant can exercise its rights and perform its obligations as a merchant of JCB through PayPal.
The rights and obligations of the Merchant are as set forth in the link below (“JCB Merchant Agreement”).
https://www.jcb.co.jp/kiyaku/pdf/tushin_kameiten0705_03.pdf
In addition, in the event that the Merchant utilizes the App Payment with JCB and Diners Club card (the App Payment shall mean the payment with Online Card Payment Service which undergoes the authentication process ("App Authentication”) using the device (only limited to those approved by JCB) of a cardholder provided by service providers separately designated by JCB (“Wallet Service Provider”), the Merchant shall comply with the following terms and conditions set forth by JCB.
By agreeing to the terms of this Card Agreement, you are deemed to have acknowledged and agreed that, in the most recent five years, you have not been subject to an administrative discipline action in violation of the Specified Commercial Transactions Act nor have obtained a legal judgment in violation of the Consumer Contract Law.
PayPal uses American Express (“American Express”) as an Acquiring Institution for processing American Express card transactions. PayPal shall serve as an agent and enter into a comprehensive agency merchant agreement (and other ancillary documents) with American Express on behalf of the Merchant in order that the Merchant can exercise its rights and perform its obligations as a merchant of American Express through PayPal.
The rights and obligations of the Merchant are as set forth in the link below.
https://www.americanexpress.com/content/dam/amex/jp/merchant/pdfs/t-and-c-11162020.pdf
By agreeing to the terms of this Card Agreement, you are deemed to have acknowledged and agreed that, in the most recent five years, you have not been subject to an administrative discipline action in violation of the Specified Commercial Transactions Act nor have obtained a legal judgment in violation of the Consumer Contract Law.