PayPal Here Terms and Conditions
PayPal Here™ Terms and Conditions
Last Update: May 20, 2014
- How this Agreement works
1.1. This PayPal Here™Agreement (“PayPal Here Terms and Conditions”) is a contract between you and PayPal. You acknowledge that your use of the PayPal Here card reader or PayPal Here app will constitute acceptance of the PayPal Here Terms and Conditions.
1.2. Capitalised terms that are not defined in these PayPal Here Terms and Conditions are defined in the PayPal User Agreement.
1.3. We may amend the PayPal Here Terms and Conditions in accordance with clause 2 of the PayPal User Agreement. Once a change to the PayPal Here Terms and Conditions takes effect, your continued use of the PayPal Here card reader or PayPal Here app will be deemed acceptance of any change. If you do not agree with any changes we make, you may terminate your use of PayPal Here and uninstall the PayPal Here app at any time.
- PayPal Here
2.1. PayPal Here is a payment solution for businesses, which allows you to accept payments by PayPal as well as credit cards and debit cards (“Cards”). PayPal Here can only be used to accept the type of Cards that are set out on the PayPal Here website, and this list of Cards could change at any time and without notice.
2.2. PayPal Here also allows you to issue PayPal invoices and manage records of the PayPal and cash payments that you accept. This function is designed to help you manage your records more easily, however PayPal Here is not an accounting solution and PayPal cannot accept any liability arising from the use of this functionality.
2.3. You must not use your PayPal Here card reader in another country.
- The Application and Approval Process
3.1. To use PayPal Here, you must:
- have a premier or business account in good standing and be approved by PayPal to use PayPal Here;
- download the PayPal Here app; and
- purchase a PayPal Here card reader if you wish to use a device to accept payments.
3.2. We will determine, in our sole discretion, whether you will be approved to use PayPal Here.
3.3. You may download the official PayPal Here app through the App Store. There is no fee to download the PayPal Here app. You must download and use the most recent version of the PayPal Here app that is available, including downloading and installing any updates that become available periodically.
- Getting, Using and Replacing your PayPal Here card reader
4.1. You may purchase a PayPal Here card reader from our online shop at www.paypal.com.au/here or from within the PayPal Here app. PayPal Here card readers may also be purchased from other authorised retail outlets. We reserve the right to limit the number of PayPal Here card readers that you can receive at any time.4.2 For the warranty in relation to the PayPal Here card reader, please see our website.
- Lost, Stolen or Disabled PayPal Here card readers
5.1. PayPal reserves the right to restrict use of PayPal Here if we suspect fraud, breach of the Acceptable Use Policy, a breach of these PayPal Here Terms and Conditions or if we otherwise believe there is an increased risk to us or the PayPal account associated with your PayPal Here card reader.
5.2. If your PayPal Here card reader is lost, stolen or is otherwise no longer necessary, you must contact PayPal customer service.
5.3. Your PayPal Here card reader may only be used with an approved PayPal Here account.
- AML Verification
- Multiple Devices and Additional Operators
7.1. You may request additional PayPal Here card readers that are linked to your PayPal account for employees or representatives (“Additional Operators”).
7.2. Additional Operators must be 18 years or older. PayPal reserves the right to limit the number of Additional Operators you may have. Additional Operators must only use the PayPal Here card reader for the same business purpose as you do.
7.3. It is your responsibility to ensure that Additional Operators comply with these PayPal Here Terms and Conditions in connection with their use of the PayPal Here card reader.
7.4. We reserve the right to deny any Additional Operator access to PayPal Here at any time. You agree that you are at all times liable for the actions or omissions of your Additional Operators and that you will indemnify and hold us harmless from the actions or inactions of Additional Operators in connection with their use or misuse of the PayPal Here service.
- Using PayPal Here
8.1. You may process a Card-present transaction using the PayPal Here card reader by inserting the Card into the PayPal Here card reader and obtaining the customer’s PIN code and/or signature or swiping the Card and obtaining the customer’s signature. The PayPal Here app will prompt you as to what verification is necessary, based on a customer’s Card.
8.2. You may also use PayPal Here to process Keyed Transactions (i.e. a Card not present transaction). You should not process a Keyed Transaction when a customer is present. Obtaining valid authorisation (such as a validly entered PIN) may assist you in defending against a Chargeback in the event that a customer subsequently claims that it did not authorise a transaction. Higher fees apply for Keyed Transactions. Please see the Combined Financial Services Guide and Product Disclosure Statement for further details.
8.3. Prior to processing any Card-present transaction, you must show the customer the price of the goods or services that you are providing to the customer on your mobile device using the PayPal Here app.
8.4. You must provide customers with a receipt if they request one.
8.5. You must not use PayPal Here to provide a customer with any form of cash advance or to pay yourself.
8.6. You agree that you will not provide any false or misleading descriptions of any transaction that you submit through PayPal Here and that the descriptions given within itemised transactions will be an accurate and true description of the goods and services being purchased.
8.7. You agree to comply with any instructions provided to you along with your PayPal Here card reader.
8.8. To process a PayPal transaction through the PayPal Here app, you must be able to clearly identify the customer from their photograph and their name, confirm the amount to be charged with them and you shall not process a transaction until the customer has given you a clear verbal instruction to do so. Prior to charging the customer, you must show the customer the amount to be charged for the goods or services that you are providing to the customer on your mobile device using the PayPal Here app.
8.9. We reserve the right to place a cap on the total value of a PayPal transaction(s) that can be processed using the PayPal Here app. If there is a cap, we will include it in the User Guide provided to you.
8.10. We may need to perform upgrades and maintenance to our service or PayPal Here which may result in it not being available for a period. We will try to give you notice of any planned maintenance, but you acknowledge and agree that there may be circumstances where this is not possible.
- Networks and Mobile Compatibility
9.1. Mobile network or WiFi access must be available for a transaction to be processed successfully.
9.2. Using the PayPal Here service requires you to have a compatible mobile device. The website will set out which mobile devices are not compatible. Please check the website before purchasing the card reader. If you have a compatible mobile device but this has been modified contrary to the manufacturer’s software or hardware guidelines, then you may not use your modified device to use PayPal Here.
- Third Party Services
10.1. Your use of PayPal Here may rely on third-party services (such as those of a mobile network operator, a broadband internet provider, an internet security provider or a wireless (WiFi) network provider). These third parties may charge you fees for using PayPal Here (e.g. for service access or data use) and it is your sole responsibility to pay such fees. We cannot accept any responsibility for the operation or security of such services, for your inability to use PayPal Here as a result of their service or for your breach of the terms of your contract with that third party as a result of using PayPal Here.
11.1. The fees for using PayPal Here are set out in the Combined Financial Services Guide and Product Disclosure Statement.
- Reserves and other Protective Actions
12.1. We may, in our sole discretion, place a reserve on funds held in your account where we reasonably believe there may be a high level of risk associated with your transactions. Please see the User Agreement for further information on reserves.
12.2. We may take other reasonable actions we determine are necessary to protect against the risk associated with your PayPal account including limiting the functionality of your PayPal Here card reader. We may contact your customers, on your behalf, in the event that we are investigating potential fraud.
12.3. In order to determine the risk associated with your PayPal account, we may request at any time, and you agree to provide promptly, any information about your business, operations or financial condition. We reserve the right to reassess your eligibility for PayPal Here if your business is materially different from the information you provided in your application.
12.4. If we reasonably believe that you have breached the terms of your PayPal User Agreement, we may take action to restrict your use of the PayPal Here service, including limiting the functionality of the PayPal Here service.
13.1. Funds received from a Keyed Transaction may be placed in your account as pending. You will not have access to those funds unless the hold is released in accordance with the User Agreement. Holds on Keyed Transactions are usually up to 21 days.
- Data Security
14.1. You are fully responsible for the security of data in your possession or control as a result of using PayPal Here. You agree to comply with all applicable laws and rules in connection with your collection, security and dissemination of any personal, financial, Card, or transaction information (“Data”).
14.2. Unless you receive the express consent of your customer, you may not retain, track, monitor, store or otherwise use Data beyond the scope of the specific transaction.
14.3. Unless you receive the express consent of PayPal, you agree that you will not use nor disclose the Card Data for any purpose other than to support payment for your goods and services.
14.4. Card Data must be completely removed from your systems, and any other place where you store Card Data, within 24 hours after you receive an authorisation decision unless you have received the express consent of your customer to retain the Card Data for the sole purpose of processing recurring payments. To the extent that Card Data resides on your systems and other storage locations, it should do so only for the express purpose of processing your transactions. All Data and other information provided to you by PayPal in relationship to the PayPal Here service and all Card Data will remain the property of PayPal, its Acquiring Bank or the Card Companies, as appropriate.
14.5. You are solely responsible for maintaining adequate security and control of any and all IDs, passwords, or any other codes that are issued to you by us, each Acquiring Bank or the Card Companies.
14.6. If PayPal believes that a security breach or compromise of Data has occurred, PayPal may require you to have a third party auditor that is approved by PayPal conduct a security audit of your systems and facilities and issue a report to be provided to PayPal, the Acquiring Banks and the Card Companies. In the event that you fail to initiate an audit within 10 business days of PayPal's request, PayPal may conduct or obtain such an audit at your expense.
15.1. You agree to indemnify and hold us harmless from claims that are raised by a third party against us that result from your use of PayPal Here or your PayPal account in violation of these PayPal Here Terms or Conditions or the PayPal User Agreement.
"Acquiring Bank" means each of the financial institutions PayPal partners with to process your Card payments, including your PayPal Here transactions.
"Card Companies" means a company or group of financial institutions that issue rules that govern Card transactions via bankcard and payment networks including MasterCard, Visa and American Express.
“Keyed Transaction”means a Card transaction where you do not swipe the Card via the PayPal Here card reader, but instead input the Card number and other required information via the PayPal Here app.
“PayPal Here app” means the PayPal Here software application for merchants, available from the App Store or other similar outlets.
“PayPal Here card reader”means the chip and pin device we provide to you to use in connection with your use of PayPal Here.