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Last Update: Feb 23, 2011 Print This Agreement contains seventeen 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 Agreement and on our website hyperlink to relevant information. Jump to section:
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1. The Legal Relationship between You and PayPal. 2. Fees. 3. Eligibility for Use. 4. Sending, Receiving, and Withdrawing. 5. Your Information and Restricted Activities. 6. Access and Interference. 7. Privacy and Security. 8. Termination or Closing Your Account. 9. Remedies and PayPal's Right to Collect From You. 10. Errors. 11. Assignability. 12. Legal Compliance. 13. Release of PayPal. 14. Notices. 15. Legal Disputes. 16. General. 17. Country Specific Terms and Conditions.
conjunction with those Services. All such posted policies or rules are hereby incorporated by reference into this Agreement. This is an important document which you must consider carefully when choosing whether to use the Services at any time. This entire Agreement and its policies, highlight the risks in using the PayPal Service as well as providing guidance on how to carry out online payments via PayPal. Please note the following risks, amongst others, that could occur when using the PayPal service:
Payments received in your PayPal account may be held or reversed at a later time (in some instances up to 180 days following the time of receiving the payment) if such a payment is subject to a chargeback, reversal, Claim or otherwise invalidated. This means that for some of our sellers, payments received into their Account may be returned to the sender or otherwise removed from their Account after they have been paid and/or delivered any goods sold. You can help protect yourself from the risks of your payment being removed from your Account by following the criteria set out in the PayPal Seller Protection Policy and by following the other guidance provided to sellers as set out in the "Security Centre", accessible via every page of the PayPal website.
You should be aware of the possibility of unauthorised transactions from your account or receiving payments from unauthorised transactions from a third party¶s account. You can help protect yourself from the risks of unauthorised transactions by regularly checking your Account transaction history. Refer to PayPal¶s ³Electronic Fund Transfer Rights and Error Resolution´ policy.
We may close, suspend, or limit your access to your Account or our Services, and/or limit access to your funds for up to 180 days if you carry out activities which are in contravention of this Agreement and its associated policies incorporated by reference.
You must consider such risks and guidance, as well as any other risks set out in this Agreement and its associated policies, before using PayPal. This User Agreement ("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 located at any URL such as: www.paypal.com, www.paypal.com.sg, www.paypal.com.hk, www.paypal.com.mx etc.. (collectively, the "Services"). The Services are provided by PayPal Pte. Ltd. and if you do not agree to be bound by the terms and conditions of this Agreement, please do not use or access the Services.
and are not responsible or liable for. or accept funds on your behalf.2 PayPal is only a Payment Service Provider. you remain the owner of those funds and PayPal holds those funds for your benefit and on your behalf. This may include requiring you to provide PayPal with fax or scanned documentation such as a government issued identification card. ordering a credit report and performing other credit . You agree that you will not receive interest or other earnings on the funds you may keep in your PayPal Account. 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). and to send the funds to the recipient that you designate or into PayPal¶s Pooled Account. 1. PayPal may earn interest on those funds. and will place those funds in accounts at one or more financial institutions ("Pooled Accounts"). We use many techniques to identify our users when they register on our site. or may receive a reduction in fees or expenses charged for banking services by the banks that hold your funds. By receiving payments through the Service. maintaining and providing our Service to you via the Internet. We do not have any control over. PayPal will not become your agent and you will have no claim to those funds unless and until you register for the Service and indicate your acceptance of the payment. subject to the terms and restrictions of this Agreement. in each case subject to the terms and restrictions of this Agreement. Through the PayPal website. 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. By initiating and making payments through the Service or. where available. We cannot ensure that a buyer or a seller you are dealing with will actually complete the transaction. You authorise PayPal. adding funds to your balance. 1. PayPal will offset funds from the Pooled Account for your benefit to the recipient. to make any inquiries we consider necessary to validate your identity and registration.3 Identity Authentication. A user's ³Verified´ status (as defined below) is only an indication of increased likelihood that a User's identity is correct. directly or through third parties. the products or services that are paid for with our Service. When you initiate a payment. you may provide instructions to withdraw the funds or send the funds to a third party. you authorize PayPal to charge your credit/debit card or to instruct your financial institution to obtain the funds on your behalf. address verification documentation. hosting. PayPal is not a remittance business or a money transfer service and the Personal Payments feature may not be used to remit funds to third parties. but you will not be able to withdraw those funds or send the funds to any other recipient unless you cancel the initial transaction. If you receive a notice that a payment has been sent to you through PayPal but you have not registered for the Service. PayPal is not a common carrier or public utility. PayPal acts as a payment service provider by creating.will pool your funds together with funds from other Users.
or a third party. lease or otherwise transfer your rights in the software to a third party. If you are using PayPal software such as an API. new versions and replacement software. any liability arising from the actions or inactions of this third party in connection with the permissions you grant. translate. choosing the Profile subtab under the My Account tab. together with any instructions provided by us from time to time accompanying the Services (including.6 Release. device. reproduce. In the event that you have a dispute with one or more users. title and interest to PayPal¶s software are owned by PayPal. You may change or remove these permissions at any time by logging into your Account. If you grant express permission to a third party to take specific actions on your behalf or access particular information about your Account either through your use of the third party¶s product or service. 1. developer¶s toolkit or other software application that you have downloaded to your computer. and selecting API Access.checks or verifying the information you provide against third party databases. 1. adapt. or other platform then PayPal and its licensors grant you a limited nonexclusive license to use PayPal¶s software in accordance with the documentation. You acknowledge that all rights. you acknowledge that PayPal may disclose the information about your PayPal Account to this third party that is specifically authorized by you. Manage API Permissions section of your Profile. control nor have any responsibility or liability for any third party software application you elect to use on the PayPal website and/or in connection with the PayPal Services. implementation and use requirements you will be liable for all resulting damages suffered by you. display. subsidiaries. agents. then Manage API Permissions. directors. and will indemnify PayPal from. and are not downloading PayPal¶s software or using third party software applications on the PayPal website. If you do not comply with PayPal¶s instructions. because user verification on the Internet is difficult. Further you acknowledge and agree that you will not hold PayPal responsible for. If you are using the PayPal services on the PayPal website. demands and damages (actual and consequential) of every kind and nature arising out of or in any way connected with such disputes. PayPal cannot and does not guarantee any user's identity. as described herein for your personal use only. upgrades. distribute. or in the API Access. or other website or platform hosted by PayPal. without limitation. publish. You agree not to alter. decompile or otherwise attempt to create any source code which is derived from the software.4 Licence grant. However. 1. you release PayPal (and our officers. including all updates. joint ventures and employees) from any and all claims. any implementation and use requirements we impose on you to comply with applicable laws and card scheme rules and regulations). . then this section does not apply to your use of the hosted PayPal services. PayPal and third parties.5 Third Party Permissions. 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 Agreement. You may not rent. 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. disassemble. reverse engineer. You must comply with the implementation and use requirements contained in all PayPal documentation. PayPal does not own.
EMPLOYEES OR OUR SUPPLIERS BE LIABLE FOR LOST PROFITS OR ANY SPECIAL. 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. officers.1. OUR PARENT. OUR SERVICE. RELATED ENTITIES. You agree to indemnify and hold PayPal. EXPRESS. or your violation of any law or the rights of a third party relating to your use of the Service.8 Limitation of Liability. INCLUDING NEGLIGENCE). so the foregoing disclaimer may not apply to you. OR THIS AGREEMENT (HOWEVER ARISING. EMPLOYEES AND OUR SUPPLIERS PROVIDE OUR SERVICES "AS IS" AND WITHOUT ANY WARRANTY OR CONDITION. steroids or prescription drugs in violation of the Acceptable Use Policy. IMPLIED OR STATUTORY TO THE MAXIMUM EXTENT PERMITTED BY LAW. hold your funds up to 180 Days. This warranty gives you specific legal rights and you may also have other legal rights that vary from state to state. EXCEPT IN THE CASE OF DEATH OR PERSONAL INJURY RESULTING FROM NEGLIGENCE. subsidiaries. FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT TO THE MAXIMUM EXTENT PERMITTED BY LAW. IN NO EVENT SHALL WE. its parent. AND THE LIABILITY OF OUR PARENT. TO YOU OR ANY THIRD PARTIES IN ANY CIRCUMSTANCE IS LIMITED TO THE ACTUAL AMOUNT OF DIRECT DAMAGES. SUBSIDIARIES. EMPLOYEES AND OUR SUPPLIERS SPECIFICALLY DISCLAIM ANY IMPLIED WARRANTIES OF TITLE.7 No Warranty. WE.9 Indemnification. Using the PayPal service to receive payments for any narcotics. Some countries do not allow the disclaimer of implied warranties. EMPLOYEES AND SUPPLIERS. as explained below. OUR PARENT. . 1. 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 our Service is largely dependant upon many factors outside of our control. PayPal shall make reasonable efforts to ensure that requests for electronic debits and credits involving bank accounts. Using the PayPal service to receive payments for any sexually oriented or obscene materials or services in violation of the Acceptable Use Policy. OUR LIABILITY. If you engage in the following behavior. i. MERCHANTABILITY.10 Liability for Violations of the Acceptable Use Policy. such as delays in the banking system or the Singapore or international mail service. INCIDENTAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN CONNECTION WITH OUR WEBSITE. 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 Agreement or the documents it incorporates by reference. fine you. or report you to law enforcement officials. 1. OUR PARENT. EXCEPT IN THE CASE OF DEATH OR PERSONAL INJURY RESULTING FROM NEGLIGENCE. 1. SUBSIDIARIES. PayPal may suspend or restrict your access to the services. SUBSIDIARIES. SUBSIDIARIES. RELATED ENTITIES. affiliates. ii. WE. other controlled substances.
Without limiting the foregoing. All fees are set forth in the Fee Schedule. You agree that PayPal is entitled to deduct such amounts directly from any existing balance in the offending account. You agree that. By selling goods or services (including access to content) in contravention of the Acceptable Use Policy or the Restricted Activities section of this User Agreement (currently Section 5. then PayPal may fine you up to $2. If you use the PayPal service in a manner that violates the Acceptable Use Policy. including but not limited to the four categories described above. you acknowledge liability to PayPal for any and all damages suffered by PayPal. 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. iv. you agree to reimburse PayPal for any and all costs. including (without limitation) fines and other related expenses from its payment processors and service providers.S. You further understand that. considering all currently existing circumstances. Fees. All fees will be assessed in the currency of the payment.00 USD for each such violation and/or PayPal may take legal action against you to recover losses that are in excess of the amount fined.00 USD is presently a reasonable and genuine minimum estimate of PayPal¶s damages. if either you or PayPal commence litigation or arbitration in connection with this paragraph.iii. You acknowledge and agree that a fine up to $2. regardless of the location or type of gambling activity in violation of the Acceptable Use Policy.500. if you use the PayPal service in a manner that violates the Acceptable Use Policy. Using the PayPal service to receive payments for tobacco products in violation of the Acceptable Use Policy. Using the PayPal service to receive payments for wagers.2). including but not limited to the four categories described above. In the event that you engage in such activities. dollars unless otherwise specified . Your account and all transactions are made and displayed in U. including (without limitation) fines and other related expenses from its payment processors and service providers. as stated in the Closing Accounts and Limiting Account Access Policy. expenses. but may be extremely difficult and impracticable to ascertain. or any other PayPal account owned by you. your account will be subject to limitation or immediate termination.500. gambling debts or gambling winnings. Back to top 2. and fines levied on PayPal by third parties such as its payment processors and/or service providers as a result of your activities. PayPal may incur substantial liability and/or suffer significant damages. You and PayPal agree that the damages that PayPal will sustain as a result of the behavior outlined above will be substantial. Additional information about PayPal's fees is available in the Fees Policy. 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.
Any such deduction or withholding. To view the User Agreement for the other countries or regions that PayPal serves. Any translation of the PayPal service is provided as a convenience to customers who are more familiar with such language. Eligibility for Use. Back to top 3. and without any deduction or withholding for and on account of. if required by the laws of any country. shall be on your account and be borne by you. PayPal does not guarantee the accuracy of such translations. you must be a resident one of the countries or regions listed below. please click the appropriate link at the top of this web page. the English version shall govern. y y y y y y y y y y y y y y y y y y y y y y y y y Andorra Anguilla Argentina Aruba Bahamas Bahrain Barbados Bermuda Botswana Brazil British Virgin Islands Brunei Cape Verde Cayman Islands Chile China Costa Rica Croatia Cyprus Dominican Republic Ecuador Falkland Islands Fiji French Guiana French Polynesia y y y y y y y y y y y y y y y y y y y y y y y y y y Gibraltar Guadeloupe Hong Kong Iceland India Indonesia Israel Jamaica Japan Jordan Liechtenstein Malaysia Maldives Martinique Mayotte Mexico Montserrat Namibia Netherlands Antilles New Caledonia New Zealand Norway Philippines Pitcairn Islands Portugal Qatar y y y y y y y y y y y y y y y y y y y y y y y y y y Reunion Russian Federation Saint Helena Saint Kitts and Nevis Saint Lucia Saint Pierre and Miquelon Samoa Singapore Slovakia Solomon Islands South Africa South Korea Taiwan Turkey Togo Tonga Trinidad and Tobago Tunisia Turks and Caicos Ukraine United Arab Emirates Thailand Uruguay Venezuela Vietnam Wallis and Futuna . any taxes. All fees related to the Service. duties or other deductions. nor is PayPal targeting such market by providing a courtesy translation. are made free and clear of. To be eligible for an account under this User Agreement. In the event of any discrepancy between the English version and a translation.and may be subject to exchange rates.
For more details and guidelines about withdrawals. or other financial or business documents as may be determined from time to time. c. Failure to provide the required information will delay access to your funds as PayPal is prohibited for processing transactions if the required information is not received when requested. d. receiving and withdrawing funds are set forth in thePayments Policy In order to open your account or allow you to send. For the purposes only of this section 4. 4. Additionally.S. Date item delivered. but is not limited to the following: fax or email scanned copies of identity verification documentation such as national ID. and may only use the Service to send payments. 4. Accounts page. ³Proof of Delivery´ means authentic viewable online documentation issued by the shipping company which includes the following: 1. Back to top 4. You warrant that you are violating no law or regulation by your use of PayPal. or credit card and are considered "Withdrawal Countries". This information may include.1 The policies and procedures for sending. such as profit and loss. "Merchandise" means the item purchased through an eBay website associated with the Disputed Payment and applies to tangible items only. either electronically or by bank draft. PayPal may ask for financial statements. or other information and as may be determined from time to time. you may not be able to withdraw funds from your PayPal Account and should therefore only accept payments if you know you will send payments in equal amounts out of your account. Passport.2 Risk of Reversal of Payments and the Seller Protection Policy ("SPP"). Users in some countries may not use the Service to receive payments. and balance sheet. showing at least the city/state or zip code (or international . drivers license. These countries are designated on the PayPal Non-U. "Item Not Received" means goods are purchased on a eligible eBay website but not received by the buyer. the recipient¶s address.1 Definitions. "Disputed Payment" means a payment via PayPal which is the subject of a Seller Protection Reversal. b. and Withdrawing. Please note: if you do not reside in a Withdrawal Country. PayPal may be required by law or local regulation to verify your identity. Failure to provide the information when requested will result in your account being restricted and any funds in your account to be held until you provide the required information in the form and manner requested. 2. Sending. and address verification information such as a mobile phone bill or utility bill. topping up. please refer to our Payments Policy. source of funds.2. Receiving. the terms set out below are defined as follows: a.Countries marked with a in the above table may withdraw funds from their PayPal account to a local bank account. 1. 4. cash flow. receive or withdraw funds.
g. Foreign Currency Equivalents.600 Norwegian Krone (HKD) (NOK) 750. v. A credit card or debit card chargeback has been requested by an eBay buyer for the reason of Item Not Received.00 Brazilian Reais (ARS) (BRL) 12.00 Filipino Peso 9.250. PayPal reverses a payment for an eBay item it believes to be fraudulent. postal code)´. ii. State. "Transaction Details Page" means the page on the PayPal website titled "Transaction Details" that displays information about the transaction. A bank reverses a payment for an eBay item it believes to be fraudulent. . recipient¶s address showing at least the following: name.000 Israeli Shekel (ILS) 800 Polish New Zloty (PLN) 150 Pound Sterling ± United Kingdom (GBP) 400 Singaporean Dollar (SGD) 2.500 Danish Kroner (DKK) (MXN) 380 New Zealand Dollar 200 Euro (EUR) (NZD) 2. This page is accessible from the "Details" link on the "Overview" and "History" subtabs of the "My Account" tab on the PayPal website. 2.00 Argentinean Peso 500. A claim filed via the PayPal Online Dispute Resolution process has been requested by an eBay buyer where the sender of the payment was using improperly obtained funds or a fraudulent payment has been made.000.200 Mexican New Peso 1. f. address (City. vi. An unauthorized transaction where a credit card or debit card chargeback has been requested by an eBay buyer where the sender of the payment was using improperly obtained funds or a fraudulent payment has been made. Country. A claim filed via the PayPal Online Dispute Resolution process has been requested by an eBay buyer for the reason of Item Not Received.00Malaysian Ringgit (MYR) 6.equivalent) and 3. Signature Confirmation for payments of $250 USD (or local currency equivalent) or more (see Foreign Currency Equivalents below). "Seller Protection Reversal" occurs when PayPal places a hold on funds in your account under any of the following circumstances: i.000. date item shipped.000 Japanese Yen (CZK) (JPY) 2.00 New Taiwanese Dollar (TWD) 1.500. iii. iv.000 Swedish Krona (SEK) 330 Swiss Franc (CHF) $ 250 United States Dollar (USD) 8.000 Hong Kong Dollar 1.00 Thai Baht (THB) (PHP) e. ³Proof of Shipment´ means an authentic online or paper document issued by the shipping company demonstrating proof of shipment that includes the following information: 1.000 Czech Republic Koruna 28.000 Hungarian Forint (HUF) 1. 350 Australian Dollar (AUD) 325 Canadian Dollar (CAD) 55.
ii. 11.4. will not owe PayPal any amounts in connection with a Seller Protection Reversal that results from a Disputed Payment and where the relevant transaction meets the applicable eligibility requirements. .3.3 Transaction Eligibility Requirements for the Seller Protection Policy. if there are not sufficient funds in your PayPal balance. set out in section 4. In the event of any of these events. and other liability incurred by PayPal. and iv.4 Limitations on the Seller Protection Policy. you will owe PayPal for the amount of the reversal. Risks of Reversals. However. You accept more than one payment for a single eBay transaction. or a third party. a PayPal User. 2009) will be eligible for protection under the Seller Protection Policy where the following requirements are met: i. You combine eBay items purchased through separate PayPal payments into a single shipment. 10. 4. viii. Chargebacks. You sold the Merchandise via an eBay website.2. and ii. The policy will protect you for the full amount of the eligible payment and waive a Chargeback Fee. plus any fees imposed on or incurred by PayPal as a result of the reversal or chargeback. The Seller Protection Policy will not apply to a transaction if any of the following apply: i. under the Seller Protection Policy.2. sellers on eBay websites. 4. You must ship the item within 7 days of receipt of payment (unless otherwise permitted under the Authorized Use Policy). There is no limit on the number of payments for which you can receive coverage. ix.2. Sellers must provide one Proof of Shipment for each separate PayPal payment. fees. Subject to the limitations set forth below a transaction (where the buyer makes a PayPal payment on or after June 7. Note: The item must be listed and sold on eBay and paid for with PayPal. PayPal will seek to recover these funds from you by debiting your PayPal balance and. You provide PayPal with valid Proof of Shipment of the Merchandise for unauthorized transactions or valid Proof of Delivery of the Merchandise for claims of an Item Not Received. and v. if applicable. chargeback. You sent the Merchandise to the address specified by the sender of the payment which is highlighted on your account Transaction Details Page or otherwise notified to you by PayPal through a PayPal application programming interface ("API"). fines. Claim.2. Seller Protection Policy. You are a PayPal customer in a country that has both receive and withdraw capabilities.2 Risk of Reversals of Payments and the Seller Protection Policy ("SPP"). and iii. PayPal reserves the right to take your account negative and to collect your debt to PayPal by any other legal means. Claims. You are responsible for all Reversals. penalties.
2. and planes) or a service. motor vehicle (including cars. license for digital content. the PayPal Acceptable Use Policy. The buyer has claimed that the item was significantly not as described (SNAD). or You have not complied with the terms of the PayPal User Agreement. boats. vi. 4. v. xiii. If there are not sufficient funds in your PayPal balance. . any PayPal policy or any specific directions provided by PayPal. If PayPal determines that the transaction does not meet the eligibility requirements. You charge a surcharge to accept PayPal.3 above. then PayPal will lift the temporary hold and restore the funds to your PayPal account. to terminate or amend the terms and conditions of the Seller Protection Policy or the transaction eligibility requirements at any time. PayPal reserves the right to take the account negative and collect your debt to PayPal by any other legal means.iii. If PayPal determines in its sole discretion that the transaction meets the eligibility requirements. If a Seller Protection Reversal occurs for a specific transaction. having regard to all the relevant circumstances. PayPal may notify you that you are hereby excluded from this policy and take any other actions pursuant to the User Agreement. a business. then PayPal will return the funds to the buyer's account or other rightful owner and the funds which have been on temporary hold will be debited from your PayPal account. downloadable or streaming content. In the event that you receive an excessive or unreasonable number of Seller Protection Reversals. viii. xv. iv.2. xiv. real estate. ix. in its absolute discretion. vii. You ship an item that is under payment review by PayPal and you have been advised via email or in your transaction details page not to ship the item as it is under review. xvi. gift certificate. quasi-cash. PayPal reserves the right. xii. You do not provide Proof of Shipment or Proof of Delivery as required or respond to PayPal's other requests for information in a timely manner as specified by PayPal. together with any fees imposed on or incurred by PayPal as a result of the Seller Protection Reversal. You hand deliver the item. PayPal will send you an email to let you know that it will place a temporary hold on the funds in your PayPal account to cover the amount of the Seller Protection Reversal and will ask you to provide Proof of Shipment or Proof of Delivery as required and any other information that PayPal may require to enable it to assess and determine if the transaction meets the eligibility requirements set out at section 4. as determined by PayPal in PayPal's sole discretion. motorcycles. The item sold was an intangible good.5 Seller Protection Process.
PayPal has the right to hold a payment under this provision for a period of up to 180 days from the date the complete obligations under the contract for sale (to which the payment in question relates) have been discharged.2. PayPal. in its sole discretion. if you receive a Dispute. PayPal may. q. For example.the funds will be held in your Reserve Account and those funds will be shown as ³pending´ in your PayPal Balance. you receive a payment that involves the risk of PayPal¶s position being adversely affected with respect to any liability of yours to PayPal or any third party (³Transaction Risk´). or Reversal on the transaction payment subject to the hold. notwithstanding the above. PayPal will provide you with notice specifying the terms of the reserve. 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 account. the will be shown as ³pending´ in your PayPal Account.2. or risk or exposure associated with your Account. PayPal may release the hold when the buyer leaves positive feedback or 21 days after the date from which the hold is placed. You may close your Account if you object to the hold under this provision. s. r. no longer exists. or ii.2. or that a certain . You agree to provide to PayPal any information as PayPal may reasonably request to allow PayPal to determine whether the Transaction Risk or risk or exposure to your Account has passed.8 Reserves for Premier and Business Accounts. You agree that if either: i. PayPal will release the hold made on your payment under this provision when PayPal determines that the Transaction Risk. PayPal may do this in order to mitigate risk related to transactions it considers suspicious. there may be a higher than acceptable level of risk or exposure associated with your Account (based on the information available to PayPal at the relevant time and what in its sole discretion it regards as an acceptable level of risk or exposure to PayPal under all the circumstances). If your Account is closed for any reason. If PayPal places a reserve on funds in your Account. If your Account is subject to a Reserve. how long the hold may last) . Chargeback. If PayPal places a hold on funds in your Account. in its sole discretion (acting reasonably) place a hold on that or any payment. Claim. 4. The terms may require that a certain percentage of the amounts received in your Account are held for a certain period of time.6 PayPal's Right to Hold Funds. In order to ensure the integrity of a transaction PayPal reserves the right to hold funds or proceeds from transactions by placing them in a ³pending´ or hold status beyond the normal distribution period. without limitation.4. for a hold made on a payment for an item purchased on eBay. 4. Please note that. we will notify you about it (including.7 Payment Holds. the funds (or an amount equal to the relevant payment) may be held in your Reserve Account until the matter is resolved pursuant to this Agreement.
(o) cause PayPal to receive excessive complaints regarding your Account or business. without limitation. Failure to provide true and accurate identification information is prohibited. contract or regulation (including. detrimentally interfere with. statute. gambling debts or gambling winnings. (f) infringe on any third party's copyright. easter eggs or other computer programming routines that may damage. data or other personal information. (b) be fraudulent or involve the sale of counterfeit or stolen items. (g) violate any law. You are solely responsible for Your Information. you may terminate your account with PayPal. Your Information and Restricted Activities. (k) use PayPal to facilitate the sale of counterfeit goods. trademark. PayPal may change the terms of the reserve by providing you with notice of the new terms. (j) contain any viruses. payment process. (e)violate PayPal's Acceptable Use Policy. those governing financial services. as we act as a passive conduit for your online distribution and publication of Your Information. (l) create liability for us or cause us to lose (in whole or in part) the services of our ISPs or other suppliers. including criminal prosecution where available. surreptitiously intercept or expropriate any system. 5. including but not limited to payment or the acceptance of payments for wagers. (c) consist of providing yourself a cash advance from your credit card (or helping others to do so). trade libelous. Trojan horses. trade secret or other property rights or rights of publicity or privacy. 5. your account will be terminated and you will be subject to damages and other penalties. but not limited to. receiving or withdrawal limit in accordance with the terms of this User Agreement. PayPal will restrict your account and limit your access to funds should you fail to provide true and accurate information at registration. Your Information and your activities (including your payments and receipt of payments) through our Service shall not: (a) be false. where we cannot verify your identity or you fail to complete the steps to lift your sending. (n) integrate the PayPal Services in a manner inconsistent with PayPal¶s integration guidelines. 5. In the event you do not agree to the terms of the reserve. Solely to enable PayPal to use the information you supply us with. modifying or otherwise corrupting the security or functionality of Service.2 Restricted Activities. or (p) present to PayPal a risk of non-compliance with PayPal¶s anti-money laundering obligations (including. regardless of the location or type of gambling activity (including online and offline casinos. unfair competition. sports wagering and office pools). (h) be defamatory. Back to top 5. (i) be obscene or contain child pornography. (d) be related in any way to gambling and/or gaming activities.amount or percentage is held in reserve. time bombs cancelbots. stores or other features of our Service. "Your Information" is defined as any information you provide to us or other users in the registration. inaccurate or misleading.3 License. worms. or false advertising). you agree to grant us a non- . or attempt to use the Service for purposes other than sending and receiving payments and managing your account. consumer protection. including but not limited to tampering. so that we are not violating any rights you might have in that information. unlawfully threatening or unlawfully harassing. If you use. antidiscrimination.1 Definition. hacking. patent. ordinance. (m) involve the sale or transfer of your PayPal balance to any person for monetary consideration.
including (without limitation). Without limiting other remedies. PayPal reserves the right to hold funds beyond the normal distribution periods for transactions it deems suspicious or for accounts conducting high transaction volumes to ensure integrity of the funds. we will provide you notice and pay you all of the unrestricted funds held in your PayPal account. to secure your performance of this Agreement. eBay requires that you comply with the eBay Buyer Protection resolution process. MasterCard. our users or us.that information is not correct. (b) we are unable to verify or authenticate any information you provide to us. (d) we believe that your actions may cause financial loss or legal liability for you. If you sell to a buyer and the buyer files a Significantly Not As Described (SNAD) Claim. (c) we believe that your account or activities pose a significant credit or fraud risk to us. at any time and for any reason allowed by law. you acknowledge that PayPal may setoff against any PayPal accounts you own for any negative balance in your other PayPal accounts. and debts you owe individually or together with someone else. If eBay makes a final decision that you lose a claim. If you are an eBay seller. Additionally. American Express or Discover to constitute abuse of the credit card system or a violation of credit card rules. If you lose a . Further. or (e) your use of your PayPal account is deemed by PayPal. you have provided eBay with permission to make a final decision on a claim that a buyer files against you directly with eBay. we may at any time and without notice to you update inaccurate or incorrect information you provide to us. indefinitely suspend or close your account and refuse to provide our Services to you if: (a) you breach this Agreement or the documents it incorporates by reference. In addition. immediately warn our community of your actions. These obligations include both secured and unsecured debts. You will not receive a refund on your PayPal fees. PayPal reserves the right to reverse transactions if the funds can not be or have not been charged to the customer's funding source or confirmed from the sender¶s bank account). and we are unable to complete the payment to you. or any of its subsidiaries that is 180 days or greater past due. PayPal may setoff against any PayPal accounts you own for any obligation you owe eBay Inc. Visa. If we close your account. contact you by means other than electronically. As such. Remedies and PayPal's Right to Collect From You. limit funding sources and payments. limit access to an account and any or all of the account's functions (including but not limited to the ability to send money or making withdrawals from an the account). Liability for claims filed directly with eBay through the eBay Buyer Protection resolution process. Back to top 9. In addition. Even if transactions have been recorded as completed in the recipient¶s Recent Activity or History Transaction Log. using the PayPal system to test credit card behaviors. you grant to PayPal a lien on and security interest in your account. you agree to allow PayPal to remove funds from your PayPal Account in order to reimburse eBay for your liability. place a hold on funds in your account. limit withdrawals. your funds will be subject to applicable laws regarding escheat of unclaimed property. you will generally be required to accept the item back and refund the buyer the full purchase price plus original shipping costs. Any claim filed directly with eBay is not covered by PayPal Seller Protection.
If the error results in you receiving more money than you were entitled to. Back to top 10. we will be liable for your actual losses or damages directly caused by this failure. unless: (a) through no fault of ours. (b) our system was not working properly and you knew about the breakdown when you started the transaction. PayPal will credit your Account for the difference. Example: The listing said "new" and the item was used. you did not have enough available funds to complete the transaction. you will be required to provide a full refund to the buyer and you will not receive the item back (it will be destroyed). Errors. we will rectify the error. or (c) circumstances beyond our control (such as fire or flood or loss of Internet connection) prevented the transaction. Back to top 11. The item has minor scratches and was listed as used condition. . The buyer purchased three items from a seller but only received two. The item was properly described but the buyer didn't want it after he or she received it. Example: The buyer purchased a book and received a DVD or an empty box. SNAD Definition An item is Significantly Not as Described if it is materially different than what the seller described in the item listing. The item was advertised as authentic but is not authentic. If the error resulted in your receiving less money than you were entitled to. The item is missing major parts or features which were not disclosed in the listing. Assignability. An item is not Significantly Not as Described if it is materially similar to the seller¶s item listing description. Here are some examples: y y y y The defect in the item was correctly described by the seller. The item was damaged during shipment. Here are some examples: y y y y y y The buyer received a completely different item. The condition of the item was misrepresented.SNAD Claim because the item you sold is counterfeit. despite our reasonable precautions. If PayPal discovers a processing error. If the error resulted in our not completing a transaction on time or in the correct amount. The item was properly described but did not meet the buyer¶s expectations. PayPal may debit the extra funds from your PayPal Account.
PayPal will consider reasonable requests to resolve the dispute through alternative dispute resolution procedures. on-line. 5 Temasek Boulevard. any Claim may be adjudicated by a court of competent jurisdiction located in Singapore or where the defendant is located (in PayPal's case. 15. the arbitration shall be administered by the Singapore International Arbitration Centre. You agree that where available PayPal may engage third parties. notice shall be deemed given 3 days after the date of mailing. Any judgment on the award rendered by the arbitrator may be entered in any court having jurisdiction thereof. Except as explicitly stated otherwise. Notice shall be deemed given 24 hours after posted or email is sent. In such case. and in your case. 15. or as otherwise mutually agreed upon in writing by the parties. Before resorting to these alternatives. Alternatively. your home address or principal place of business). #09-01 Suntec Tower Five. as an alternative to litigation. PayPal strongly encourages users first to contact PayPal directly to seek a resolution. 15. Alternatively. Back to top 15. Ltd. In such cases.4 Procedure. All Claims (excluding requests for injunctive or equitable relief) between the parties must be resolved using the dispute resolution mechanism that is selected in . you and PayPal agree that any controversy or claim at law or equity that arises out of this Agreement or PayPal's services ("Claims") shall be resolved in accordance with one of the subsections below. unless the sending party is aware that the electronic communication was not received. you or PayPal may elect to resolve the dispute through binding arbitration conducted by telephone..3 Violations of Section 15. Singapore. You and PayPal agree to submit to the personal jurisdiction of the courts located in Singapore. 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 Service or features thereof. Legal Disputes.3 Third Party Verification. we may give you notice by mail to the address provided to PayPal during the registration process.2 Court. such as mediation. Attn: Legal Department. or by calling +1402 935 2050 from 6 AM to midnight Central Time. For any Claim (excluding Claims for injunctive or other equitable relief) where the total amount of the award sought is less than $10.14. In the event a dispute arises between you and PayPal. or any other established ADR provider mutually agreed upon by the parties.00 USD. our goal is to provide you with a neutral and cost effective means of resolving the dispute quickly. any notices shall be given by postal mail to PayPal Pte. Disputes between you and PayPal regarding the Services may be reported to Customer Support online through the PayPal Help Center at any time.000. Accordingly. Singapore 038985 (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). 14.1 Arbitration. and/or based solely upon written submissions where no in-person appearance is required.
and (15) Legal Disputes shall survive any termination or expiration of this Agreement.7) Indemnity. This Agreement and the documents it incorporates set forth the entire understanding between us with respect to the subject matter hereof. to a third party in the event of a merger or acquisition. (2. the other party may recover lawyers¶ fees and costs up to $1. Sections (3) Fees. and operation of our site may be interfered with by numerous factors outside of our control. (2. 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. These terms and conditions apply only to PayPal account holders for accounts registered in the following countries: Singapore: The Services are offered by PayPal Pte. General. If any provision of this Agreement is held to be invalid or unenforceable. (7) Access and Interference. and the other party has failed to withdraw the Claim.accordance with this Section 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. this Agreement is governed by and interpreted under the laws of Malaysia as such laws are applied to agreements entered into and to be performed entirely within Malaysia. in our sole discretion. (2. You agree that this Agreement and all incorporated agreements may be automatically assigned by PayPal. located at 5 Temasek Boulevard #09-01. Brazil: . Suntec Tower Five. We do not guarantee continuous. If you are a Singapore resident. Singapore 038985. provided that the party seeking the award has notified the other party in writing of the improperly filed Claim. Back to top 17. For Malaysian residents who register for the PayPal service with a Malaysian address. this 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. Country Specific Terms and Conditions.4) Release. construe or describe the scope or extent of such section.. you may have this same information emailed to you by sending a letter to the address above with your email address and a request for this information. Except as set forth herein. limit. Fees for our services are described in our Fees Policy.00 USD. Ltd.6) Limitation of Liability. uninterrupted or secure access to our service. Headings are for reference purposes only and in no way define. such provision shall be struck and the remaining provisions shall be enforced. Back to top 16.000.
a Singapore company. PayPal accepts payments from such donors on behalf of the donees. For purchases using Top Up. PayPal accepts payments from buyers on behalf of the sellers. you may not send those amounts to another PayPal user for a purchase or for any other reason... please take the following steps: y y y y y Log into your PayPal account: Click the ³My Account´ tab. Click on ³View all my transactions´ Sort by the appropriate tax year. If you would like to send amounts to another PayPal user: a. Ltd. As a donee. as follows: y y y Withholding tax to the Federal Revenue of 25% CIDE tax to the Federal Revenue of 10% ISS tax to your local municipality of 2-5% (please check with your accountant or tax advisor to get the correct amount) To determine your tax liability. Please be advised that the PayPal services are provided by PayPal Pte..Tax Liability. you must first determine the amount of fees that you have paid to PayPal. you agree that once PayPal accepts payments from the donor. you agree that once PayPal accepts payments from the buyer. you are legally required to pay taxes based on the fees that you have paid to PayPal Pte. To do so. or by doing a Top Up to your PayPal balance from your FNB bank account*. b. As a Seller. Ltd. you release and discharge the donor of any further liability for the amount of the donation. Add up all the amounts listed as ³Fee´ Japan: Please be advised that the PayPal services are provided by PayPal Pte. Ltd. This means that: 1. If you receive amounts into your PayPal balance from a PayPal user: a. Because you are doing business with a foreign company. South Africa: You are required to comply with South African exchange control regulations. a Singapore company. you must do so either with the credit card associated with your PayPal account. b. you release and discharge the buyer of any further liability for the amount of the payment. . When persons make donations through PayPal. 2. you must do a separate Top Up for each purchase. you must withdraw the amounts in your PayPal balance to your FNB bank account* within 30 days of receipt of funds.
* FNB charges a fee for each Top Up and Withdrawal. PayPal provides a technical infrastructure that enables money transactions to be carried out between sellers and buyers. India: . Therefore. It does not collect deposits or sell.O.gov. PayPal is not a bank.Friday.5. Malaysia: PayPal has been approved by Bank Negara Malaysia to operate an e-Money business. if you are a Malaysian customer and PayPal does not provide a prompt and efficient response to you in relation to PayPal¶s Services pursuant to your use of the dispute resolution process set out in the Legal Disputes section of this User Agreement (currently Section 15) or contacting PayPal¶s Customer Support. you may also contact Bank Negara through BNMLINK and BNMTELELINK. . insurance and takaful.m. ³receiving payment´ means receiving payment from other PayPal account holders to enable them to carry out their transactions. offers only a payment enabling service to its users in Turkey.00 a.my BNMLINK and BNMTELELINK operating hours are from: Monday . letter or email. Please see the FNB website for more information.m. PayPal is not a party to transactions between its users and is an intermediary which acts upon the instructions of its users. any other kind of payment institution or a custodian. Within the meaning of this agreement. fax. 9. foreign exchange administration and other matters under Bank Negara Malaysia's jurisdiction. BNMTELELINK can be contacted directly either by telephone.00 p. Members of the public can contact BNMLINK and BNMTELELINK for information. inquiries or redress in the areas of conventional and Islamic banking. The contact details for BNMTELELINK are: BNMTELELINK Jabatan Komunikasi Korporat Bank Negara Malaysia P.Box 10922 50929 Kuala Lumpur Tel: 1-300-88-5465 (LINK) Fax: 03-2174 1515 E-mail: bnmtelelink@bnm. advisory services for small and medium enterprises. Malaysia Time Turkey: Please note that PayPal Pte Ltd. produce or distribute any goods.
1. costs. charges and expenses in respect of the product or services which are required to be paid by the Buyer to you provided that the value of the product or service shall in no event exceed USD 500 per transaction. The PayPal Service is in the nature of a payment gateway processing service and meant exclusively for facilitating online receipt by you of payments made by the Buyers. RELATIONSHIP BETWEEN PAYPAL AND YOU 3. you shall be required to have or open a fully functional bank account which has been duly verified through the identity authentication and verification process provided. PayPal shall act as a service provider and an intermediary for receipt of Buyer's Charges by you and shall not act as a repository or custodian with respect to the Buyer¶s Charges. . "Reserve Amount" means the amount out of the Buyer's Charge calculated and determined by PayPal and the authorized dealer bank which is deposited with the authorized dealer bank in order to meet your potential charge back liabilities. NATURE OF SERVICE The PayPal Service offered to you is not a stored value service. "Buyer" means a person resident outside India who desires to purchase product or service from you and make payment which may be received by you into your bank account through the PayPal Service (defined below). "Buyer's Charge" means the sale price of the product or service purchased by the Buyer plus shipping charge (if any) and all other taxes. 2. 1. in addition to the eligibility criteria provided for in this Agreement. ELIGIBILITY FOR USE OF SERVICE In order to avail the PayPal Service.With effect from 1 March 2011 and pursuant to notification RBI/2010-11/281 of the Reserve Bank of India. duties. (b) the Reserve Amount (defined below) and (c) amount deducted towards charge back in respect of a previous transaction (if any) which will be displayed in your PayPal account and remitted into your bank account by the authorized dealer bank. "PayPal Service" means the payment gateway processing service offered by PayPal to its users resident in India for facilitation of receipt of payments from Buyer for remittance into their bank account. 3. "Commission Fee" means the fee charged by PayPal for the provision of the PayPal Service. the following terms and conditions shall apply specifically to users of PayPal services in India (³Special Terms and Conditions´): DEFINITIONS "Balance" means the Buyer's Charge paid by the Buyer as reduced by the (a) Commission Fee.
PayPal shall only be responsible for depositing your Balance with the authorized dealer bank and shall not be liable to you for the payment of your Balance upon demand. Upon activation of PayPal Service. 5.2. PayPal shall be entitled to deduct the Reserve Amount from the Buyer's Charge and deposit the same with the authorized dealer bank. RESERVE AMOUNT 5. 4. You agree and acknowledge that the following procedure shall be followed by you and PayPal for the facilitation of receipt of Buyer's Charges by you through the PayPal Service: 4.2.1. PayPal shall be entitled. 5. The authorized dealer bank shall thereafter remit the Balance to India and shall pay the Balance either through direct credit (in case where your bank account is with the authorized dealer bank) or wire credit into your bank account or by issuing a demand draft in your favour. In case the Buyer notifies PayPal that you have failed discharge your obligations under the terms of the sale contract between you and the Buyer.1. PayPal shall.1.1. you shall have to provide "Your Information" as contemplated under this Agreement and any other information including but not limited to your bank account number and the relevant Indian Financial Systems Code which may be required by PayPal in order to verify and authenticate your bank account and activate the PayPal Service.1.7.1. you may receive Buyer's Charges from Buyers through the PayPal Service. 4. After registering for the PayPal Service. The transfer of the Balance into your bank account shall take place immediately upon receipt of the Buyer¶s confirmation and in no event later than 7 days of transfer by PayPal to the authorised dealer bank. 4.2. The Balance and the Reserve Amount held by the authorised dealer bank shall be displayed on your PayPal account. PROCEDURE FOR USING THE SERVICE 4. 4. 4. . transfer the Buyer's Charge less the Commission Fee to the authorised dealer bank.3. after obtaining confirmation from the Buyer that the Buyer is satisfied with the condition and quality of the goods or services (³Buyer¶s Confirmation´). The authorised dealer bank shall deduct the Reserve Amount and if required. 4. 220.127.116.11.4. deduct an amount towards charge back for a previous transaction to arrive at the Balance.5.1. 18.104.22.168. You shall have or open a functional bank account.
1. the . proceedings ("Disputes") between you and the authorised dealer bank on account of non-payment of any funds due to you. you hereby indemnify PayPal.in its sole and absolute discretion. etc. After the transfer of the Balance by PayPal to the authorized dealer bank.1. SHARING INFORMATION 8. You agree that you shall not use the PayPal Service for exporting a product or service having a value of more than USD 500 per transaction.2. INDEMNIFICATION In case of any dispute. You may not use your balance held by the authorized dealer bank for any purpose (including but not limited to payment for imports. 5. RESTRICTION ON USE OF SERVICE 6.) other than as specified in these country specific terms and conditions. 10. 8. after expiry of a period of 180 days of receipt of the Balance. 6. 7. 9. demands. You shall be entitled to receive either the Reserve Amount or. 7. the Balance and the Reserve Amount shall be held by the authorized dealer bank. the dealing of which is prohibited or restricted in any manner under the provisions of any applicable law. rule. You agree to use the PayPal Service exclusively for the purpose of receiving Buyer's Charges. You agree to avail of the PayPal Service solely for receiving payment for valid and lawful transactions and not use the PayPal Service to trade or attempt to trade in any item. RESTRICTION ON THE USE OF FUNDS 7. if a charge back has been made as per Clause 5. actions. regulation or guideline for the time being in force. 10. its affiliates and its employees from any damages. Upon transfer of the Balance from PayPal to the authorized dealer bank and until the remittance of the Balance and the Reserve Amount into your bank account in the manner set out in these Special Terms and Condiitons.22.214.171.124. 6. claims.2 above. 10. LIMITATION OF LIABILITY 10. transfer to another Person. charges. It is hereby clarified that PayPal shall be liable to remit the Balance to the authorized dealer bank upon receiving the Buyer¶s Confirmation. to remit the charge back to the Buyer out of the Reserve Amount after verifying the Buyer's claim.3.1. expenses and losses arising out of such Disputes. You acknowledge and agree that PayPal may share the information provided by you and the terms of the agreement between you and PayPal with the authorised dealer bank in order to enable the authorised dealer bank to conduct the requisite due diligence in accordance with i the authorized dealer¶s Know-your-customer (KYC) obligations. the balance thereof .
1.5. PayPal shall not in any way be liable to you for the same. Except to the extent amended by these terms and conditions. You shall not be entitled to approach the authorised dealer bank for resolution of complaint or dispute pertaining to payment of Balance. 10.7 (Indemnification) Clause 7 (Privacy and Security). 12. these Special Terms and Conditions shall prevail. Clause 12 (Legal Compliance) and Clause 13 (Release of PayPal)) shall remain in full force and effect. 12. 10. PayPal shall not be responsible for any loss or damage incurred or suffered by you on account of any failure or interruption of the PayPal service or consequences arising out of delayed receipt of Buyer's Charges.4. you agree to follow the relevant procedure laid down in the Agreement for resolution of the same. DISPUTE RESOLUTION Resolution of any payment related complaint which you may have shall be the responsibility of PayPal.authorized dealer bank shall be liable to pay the Balance and the Reserve Amount to your bank account in the manner set out in these Special Terms and Conditions. PayPal shall have no responsibility for transactions carried out in good faith including charge back transactions carried out after verification in the manner provided in this Agreement.2. Upon occurrence of an event giving rise to such a complaint. 11. In case of conflict between any of the terms contained in these Special Terms and Conditions and those of the Agreement. AMENDMENT OF THIS AGREEMENT 12. all other provisions of the Agreement (including but not limited to Clause 1. .
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