Amendment to the PayPal User Agreement
Effective Date: Nov 02, 2010
* Amendments to the User Agreement
The entire User Agreement has been revised. A copy of the revised User Agreement is contained in Schedule A, below. In particular, the PayPal Buyer Protection Policy and Buyer Complaint Policy has been revised with material changes to the Buyer Protection Policy and removal of the Buyer Complaint Policy. The revised PayPal Buyer Protection Policy contains material changes for sellers and buyers.
* Amendment to the Fees Policy of the User Agreement
1. The following fees will be added to the table titled “Cross-border personal transactions” in the row “Sending/Receiving”:
"Funding Source: entirely funded by
PayPal balance or bank account
Brazil 1% Funding Source: entirely or partially funded
by debit card or credit card
Brazil 7.4% + Fixed Fee"
2. In the table titled “Cross-border personal transactions” the Fixed Fee for “Brazilian Real” will increase from 0.40 BRL to 0.60 BRL.
* Amendment to Product Disclosure Statement
1. In the second paragraph of section 4 “The PayPal Service”, the following paragraph is deleted:
“You can register to use the PayPal Service if you are an Australian resident with a valid email address and a valid credit card, debit card or bank account. The PayPal Service is available in many countries around the World.”
and replaced with:
“You can register to use the PayPal Service if you are resident in Australia with a valid email address. To fund payments with your PayPal account, please see the paragraph below on Using the PayPal Service. Other PayPal entities provide similar services in many countries around the World.”
2.
In the second bullet point of section 4 “The PayPal Service”, the following paragraph is deleted:
“Send Payments. You may make payments using any credit balance in your PayPal Account or using funds from your Australian bank account ("Nominated Bank Account") or Visa, Mastercard or American Express debit or credit card ("Nominated Card Account") that you designate and register with PayPal (note that some funding restrictions may apply, for example, where American Express does not permit a travel merchant to accept a partially funded or fully funded payment from your American Express credit card)”
and replaced with:
“Send Payments. You may make payments using:
1. any credit balance in your PayPal Account;
2. funds from the bank account you hold with a financial institution in Australia;
3. a card designated by MasterCard or Visa as a MasterCard or a Visa card;
4. an American Express card (for certain existing PayPal customers) or card of another payment processor as may be accepted by us from time to time that register with PayPal (note that some funding restrictions may apply, for example, where American Express does not permit a travel merchant to accept a partially funded or fully funded payment from your American Express credit card).
PayPal reserves the right in its discretion to refuse any bank account or card.”
3.
In the fourth bullet point of section 4 “The PayPal Service”, the following paragraph is deleted:
“Withdraw Money from your PayPal Account. If you have money in your PayPal Account, then you may withdraw your money to your Nominated Bank Account.”
and replaced with:
“Withdraw Money from your PayPal Account. If you have funds in your PayPal Account, then you may withdraw your funds to the bank account you hold with a financial institution in Australia or the United States of America.”
4.
In the last bullet point of section 4 “The PayPal Service”, the following paragraph is deleted:
“Any money in your PayPal account will be pooled with money from other holders of PayPal Accounts and deposited by PayPal with a licensed bank. PayPal keeps a record of any money in your PayPal account.”
and replaced with:
“If you hold a balance in your PayPal account, your funds will be pooled with money from the PayPal Accounts of other customers and deposited by us with a licensed bank in Australia. This does not effect your rights to withdraw funds from your PayPal Account. We will hold your funds separate from our corporate funds and not use your funds for our operating expenses or any other corporate purposes.
In consideration for your use of the Services, you irrevocably transfer and assign to us any ownership right that you may have in any interest that may accrue on funds held by us. This assignment applies only to interest earned on your funds, and does not grant us any ownership right to the principal of the funds you maintain with us, subject to the User Agreement. In addition to or instead of earning interest, we may receive a reduction in fees or expenses charged for banking services by a licensed bank that holds your funds in the pooled account.”
5.
In section “8 What are the differences in accounts?”, the following paragraphs are deleted:
Premier Account
1. Designed for users who buy and sell online.
2. Access to certain features such as, merchant service rates (where approved), Mass Pay and eBay selling tools.
3. You can also apply to pay different fees for selling Digital Goods through our Micropayments for Digital Goods PayPal Service.
Business Account
1. Includes all features of a Premier account.
2. Hold the Business Account under a corporate or group name.
3. Give multiple employees or representatives the authority to access the Business Account, and set different (transaction limits) access rights for each employee or representative.
4. You can also apply to pay different fees for selling Digital Goods through our Micropayments for Digital Goods PayPal Service.
and replaced with:
Premier Account
1. Designed for Users who buy and sell online.
2. Access to certain features such as Mass Pay and eBay selling tools.
3. You can also apply to pay different fees for selling Digital Goods through our Micropayments for Digital Goods PayPal Service.
Business Account
1. Includes all features of a Premier Account.
2. Hold the Business Account under a corporate or group name.
3. Give multiple employees or representatives the authority to access the Business Account, and set different access rights (including transaction limits) for each employee or representative.
4. Access to merchant service rates (where approved).
6.
In section “8 What are the differences in accounts?” the following fees will be added to the table titled “Cross-border personal transactions” in the row “Sending/Receiving”:
"Funding Source: entirely funded by
PayPal balance or bank account
Brazil 1% Funding Source: entirely or partially
funded by debit card or credit card
Brazil 7.4% + Fixed Fee"
7.
In section “8 What are the differences in accounts?” in the table titled “Cross-border personal transactions” the Fixed Fee for Brazilian Real will increase from 0.4 BRL to 0.6 BRL.
8.
In section “14. Verification & Account Limits” under the heading “Verified Accounts” the following paragraphs are deleted:
“We verify PayPal Accounts with the aim of safeguarding your security, limiting fraud, and preventing money laundering. When a PayPal account holder receives "Verified" status it signifies the holder has passed a series of security checks carried out by PayPal; however, PayPal does not guarantee the identity of any PayPal user or ensure that a buyer or a seller will complete a transaction.
Verified users will generally have their limits increased on the cumulative total of payments, and on transfers.
To Verify your account you will need to take the following steps for a bank account:
1. To begin to add a bank account, click "Get verified" on the left hand side of your Account Overview followed by "Add bank account". When prompted, enter your bank details and review before submitting.
2. Confirm that bank account - PayPal will deposit two small amounts into your bank account. When you see your next bank statement, make a note of these amounts, then log in to your PayPal account and tell us what these two amounts are. When successful, please review and agree to our “bank funding agreement” to complete the verification process.
When you have completed these steps, your PayPal Account will be verified and you can continue sending PayPal payments funded through your Nominated Bank Account, credit card, or debit card. PayPal also provides “Top Up” functionality which may also be used to Verify your account.”
and replaced with:
“We verify PayPal Accounts and funding sources with the aim of safeguarding your security, limiting fraud, and preventing money laundering. Please note that you cannot verify any bank account you hold with a financial institution in the United States of America. When a PayPal account holder receives "Verified" status it signifies the holder has passed a series of security checks carried out by PayPal. By identifying a PayPal account holder as verified, we are only representing that the PayPal account holder has completed the steps set out in this clause. By attributing a verified status to a PayPal account holder, we do not guarantee, undertake or otherwise represent that they will complete a transaction or that they have satisfied any Prove Your Identity requirements.
Verified Users will generally have their limits increased on the cumulative total of payments, and on transfers.
You can lift your limits by becoming verified. As you cannot verify any bank account you hold with a financial institution in the United States of America, you cannot lift the limits on any PayPal Account that has linked only these type of bank accounts. You can verify your PayPal Account in 2 ways:
Australian bank account.
1. to begin to add a bank account, click "Get verified" on the left hand side of your Account Overview followed by "Link My Bank Account ". When prompted, enter your bank account details and review before submitting;
2. confirm that bank account - we will deposit two small amounts into your bank account. When you see your next bank statement, make a note of these amounts, then log in to your PayPal Account and tell us what these two amounts are. You will be required to agree to and accept our Direct Debit Agreement and Service Agreement to complete the verification process.
Once the above steps have been correctly completed you may use your Australian bank account to fund your payments.
With an accepted card
1. to begin to add a card click "Get verified" on the left hand side of your Account Overview followed by "Link My Credit or Debit Card ". When prompted, enter your card details and click “Continue”;
2. confirm that card - we will charge $2.00 to your card, which will appear on your statement in 2 to 3 working days. When you see your next card statement, check for the charge and the unique 4-digit code provided by PayPal. Log in to your PayPal Account to confirm your card and complete the verification process, which includes providing the unique 4-digit code provided by PayPal. We will deposit the $2.00 charge into your PayPal Account within 24 hours after you confirm your card. We may also hold a further USD$1.00 on some cards when you first add them as a means of validating your card. The USD$1.00 hold is usually released within 3 to 5 business days.”
* Schedule A – Revised User Agreement
1. Important things you should know
1.1. This is an important document (along with our Product Disclosure Statement) which you must consider carefully when using PayPal’s Services.
1.2. Before using our Services you should understand the risks, amongst others, that could occur when using our Services. Risks are set out in our Product Disclosure Statement and this Agreement.
1.3. This Agreement contains a number of sections and schedules. For convenience, you may jump directly to any section by selecting the appropriate link below.
1. Important things you should know;
2. Definitions and interpretation;
3. How this Agreement works;
4. Amendments to this Agreement;
5. Our relationship;
6. Fees;
7. Opening an Account;
8. Your obligations when you open an Account with us;
9. Using your Account;
10. Holding a Personal Account;
11. Holding a Premier Account or Business Account;
12. Sending funds;
13. Receiving funds;
14. Digital Goods;
15. Foreign currencies;
16. Selling items;
17. Holds on transactions;
18. Limiting Accounts;
19. Reserves;
20. Closing your Account;
21. Our intellectual property;
22. Legal disputes;
23. Notices;
24. Release;
25. Limitation of liability;
26. Indemnification;
27. Assumption of rights;
Schedule 1. PayPal Seller Protection Policy;
Schedule 2. PayPal Buyer Protection Policy.
2. Definitions and interpretation
2.1. In this Agreement:
Accepted Currencies means Australian Dollar, US Dollar, Canadian Dollar, Euro, Pound Sterling, Japanese Yen, New Zealand Dollar, Swiss Franc, Hong Kong Dollar, Singapore Dollar, Swedish Krona, Danish Krone, Polish Zlotych, Norwegian Krone, Hungarian Forint, Mexican Peso, Israeli New Shekel, Czech Koruna, Taiwan New Dollar, Thai Baht, Philippine Peso and Brazilian Real;
Account means the account you open with us;
Agreement means this agreement and its schedules, together with any policies and documents that are incorporated by reference;
Business Account means the Business Account referred to in clause 7.2;
Chargeback means when the financial institution which issues a Nominated Card used by a buyer to send funds through our Services determines that the amount sent should be reversed or returned. The decision for a Chargeback is made independently by the financial institution which issues a Nominated Card. We are bound to follow the instructions of that financial institution;
Commercial Entity Agreement means the agreement you must enter into directly with our acquiring banks as required by them if you achieve Commercial Entity Status. Click here to view the Commercial Entity Agreement;
Commercial Entity Status means Premier Account or Business Account holders who are defined by Visa Europe, Visa Inc, Visa International, MasterCard Worldwide, UK Maestro, Solo and/or International Maestro as a “Commercial Entity”. Go to clause 11 or click here for more information.
Commercial Transaction involves buying or selling goods or services, and payments received when you "Request Money" using our Services;
Currency Conversion Rate means the wholesale exchange rate at which we obtain foreign currency plus our 2.5% processing fee;
Credit Card means a card designated by MasterCard or Visa as a MasterCard or a Visa card, including any Debit MasterCard or Visa Debit Card (or a card of another payment processor as may be accepted by us from time to time);
Digital Goods means any digital good or service that is delivered and used in an electronic format. Examples of Digital Goods include: software, phone applications, online games goods, music, videos, enews and blogs;
Digital Goods Purchase means the purchase of Digital Goods from sellers that have been approved by us for the Micropayments for Digital Goods service;
Direct Debit Agreement means the Direct Debit Request and Service Agreement which sets out the terms on which we are permitted to direct debit your Nominated Bank Account;
eBay means the online venue which allows its members to communicate and offer, sell, and buy goods and services through any of its websites which includes amongst others
www.ebay.com.au,
www.ebay.com and
www.ebay.co.uk ;
eCheque means a payment made directly from a Nominated Bank Account which is delayed until the transfer of funds from a Nominated Bank Account to a PayPal account is completed. eCheques usually take 3 to 5 working days to complete and are used in instances which includes where there is an insufficient balance in a PayPal account and a Credit Card has not been linked as a Funding Source;
Fees mean the fees for using our Services as set out in the Fees Policy;
Funding Source means the Nominated Bank Account or Nominated Card that you link to your Account;
Item Not Received means where you as a buyer do not receive an item you paid for using our Services;
Micropayments for Digital Goods means a PayPal service that offers among other things, Micropayment Pricing Fees and integrated website tools, to certain sellers who sell Digital Goods, apply for and are approved by us for this service;
Micropayment Pricing Fees means the fees set out under the heading “Micropayment Pricing” in the Fees Policy;
Nominated Bank Account means the bank account you hold with a financial institution in Australia that you link to your Account;
Nominated Card means the Credit Card that you link to your Account;
Payment Review means the process by which we review certain potentially high-risk payment transactions received from or sent to your Account. A payment subject to Payment Review is a review of the payment only and is implemented to reduce the risk of PayPal users receiving potentially high risk transactions. A payment subject to Payment Review is not a representation by us as to the commercial dealings, character or reputation of a party to the transaction and should not be considered as a reference to the reputation of any party to the transaction;
PayPal Buyer Protection Policy means the policy described in Schedule 2 which helps eligible buyers recover payments for the purchase of certain items;
PayPal Seller Protection Policy means the policy that Sellers may be eligible for as set out in Schedule 1;
PayPal, we us and our means PayPal Australia Pty Ltd ABN 93 111 195 389 AFSL 304962;
Personal Account means the Personal Account referred to in clause 7.2;
Personal Transaction involves sending money (initiated from the "Personal" tab of the "Send Money" flow or "Send Money through PayPal mobile) to and receiving money into your Account from friends and family without making a purchase i.e. the payment is not for goods or services;
Postpaid Payment Option is the payment option available to selected buyers of Digital Goods referred to in clause 14;
Premier Account means the Premier Account referred to in clause 7.2;
Primary Login means the individual or entity who opened and registered the Business Account;
Proof of Shipment means the proof of shipment accepted by us as set out on our “Proof of Shipment” page located in the Security Centre page of our Website by clicking on “Selling Safely” and locating “How We Help Protect Sellers”;
Prove Your Identity means the verification we require you to undertake so we may comply with anti-money laundering, counter-terrorism financing laws and “know your customer” requirements;
Related Bodies Corporate has the same meaning as in the Corporations Act 2001;
Reversal means, in relation to the PayPal Seller Protection Policy, when we place a hold on funds in your Account and those funds would otherwise be reversed when any of the following occurs:
1. a Chargeback has been requested by an eBay buyer for reasons which may include the sender of the payment was using improperly obtained funds or a fraudulent payment has been made;
2. a Chargeback has been requested by an eBay buyer for the reason of an Item Not Received;
3. a claim filed via the PayPal Online Dispute Resolution Centre has been requested by an eBay buyer for reasons which may include where the sender of the payment was using improperly obtained funds or a fraudulent payment has been made;
4. a claim filed via the PayPal Online Dispute Resolution Centre has been requested by an eBay buyer for the reason of item not received and you are unable to provide Proof of Shipment as required with respect to claims made under the PayPal Buyer Protection Policy;
5. we reverse a payment for an eBay item we believe to be fraudulent; or
6. a financial institution which issues the Funding Source reverses a payment for an eBay item it believes to be fraudulent;
Secondary Login means the individual or entity selected by the Primary Login to have access to the Primary Login’s PayPal account;
Sending Limit means the maximum payment amount you are able to send using our Services and is determined by our risk assessment procedures. If you have a Sending Limit, you can view it by logging into your Account and clicking on the "View Limits" link;
Services mean the online payment processing services provided by us and available through your Account, our Website, your mobile phone and/or your other wireless devices;
Significantly Not As Described means where you as a buyer receive an item you paid for using our Services, where in our opinion, the seller misrepresented the details of an item sold in a way that affects its value or usability. More information about Significantly Not As Described, including examples of items which are Significantly Not As Described are set out in Schedule 2, clause 3;
Verified means the status given to a PayPal account holder when they verify control of their Funding Source in accordance with clause 12.21;
Website means our website located at
www.paypal.com.au or
www.paypal.com/au;You and your means any person or entity using our Services.
2.2. In this Agreement, unless the context requires otherwise:
1. all references to currency mean Australian dollars unless this Agreement says otherwise;
2. references to singular mean plural and vice versa;
3. the headings are used for convenience only and do not affect the interpretation of this Agreement;
4. other grammatical forms of defined words or expressions have corresponding meanings;
5. a reference to a document includes the document as modified from time to time and any document replacing it;
6. the word "person" includes a natural person and any body or entity whether incorporated or not;
7. a reference to a thing includes a part of that thing;
8. a reference to all or any part of a statute, rule, regulation or ordinance includes that statute, rule, regulation or ordinance as amended, consolidated, re enacted or replaced from time to time;
9. blue words that are underlined in this Agreement are hyperlinks to other information which is relevant to you;
10. wherever "include" or any form of that word is used, it must be construed as if it were followed by "(without being limited to)".
2.3. If any provision of this Agreement is held illegal or unenforceable, that provision will be limited or eliminated to the minimum extent necessary so that this Agreement will otherwise remain in full force and effect and enforceable.
2.4. This Agreement and the documents it incorporates detail the entire understanding between us concerning its subject matter.
3. How this Agreement works
3.1. This Agreement is a contract between you and PayPal setting out the terms and conditions which apply to your use of our Services.
3.2. The following policies are incorporated into this Agreement by reference and provide additional terms and conditions related to specific Services we offer:
1. Privacy Policy for PayPal Services;
2. Electronic Fund Transfer Rights and Error Resolution;
3. Fees Policy;
4. PayPal Acceptable Use Policy;
5. PayPal Recurring Payment and Billing Agreement;
6. Product Disclosure Statement;
7. PayPal Bonuses Policy;
8. Merchant Gift Certificates Agreement.
3.3. To the extent of any inconsistency between this User Agreement and any policy identified in clause 3.2 above, that policy will prevail.
3.4. You will be taken to have accepted this Agreement by selecting the appropriate “agree” option on our Website or when you use any of our Services, whichever occurs first.
3.5. Each time you use our Services, you confirm your agreement to be bound by this Agreement.
3.6. If you do not want to be bound by this Agreement, you must stop using our Services. The Agreement will continue to apply to your previous use of our Services.
4. Amendments to this Agreement
4.1. We may amend this Agreement at any time, for example if we change the functionality of our Services or as required by law.
4.2. We will post any revised version of this Agreement on our Website. With the exclusion of any substantive changes referred to in clause 4.3 the revised Agreement will take effect as soon as it is posted on our Website.
4.3. If we make any substantive changes to this Agreement which may negatively impact your use of our Services in a material way, we will post a notice of those changes on the “Policy Updates” page of our Website. We will send you a notification email which will contain a link to the “Policy Updates” page. These changes will take effect on the date specified on the “Policy Updates” page, which will be at least 30 days after we send the notification email to you. You agree to receive such notices in this way.
4.4. Subject to clause 4.3, we will not provide 30 days prior written notice where we add any new functionality to our Services.
4.5. If you do not agree with any changes we make to this Agreement, you may terminate this Agreement at any time.
5. Our relationship
About us
5.1. We are a financial institution regulated by both the Australian Prudential Regulatory Authority (as a limited authorised deposit-taking taking institution restricted to providing a ‘purchased payment facility’ – we do not carry on general banking business) and the Australian Securities and Investments Commission. We are a non-cash payment service provider and enable you to make payments to, and accept payments from third parties. PayPal acts as an independent contractor in performing tasks on your behalf and at your direction.
5.2. We also act as a payment service provider by creating, hosting, maintaining and providing our Service 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 our Services. We cannot ensure that a buyer or a seller you are dealing with will actually complete the transaction.
5.3. We do not act as a common carrier or public utility.
5.4. We do not:
1. pay interest on balances kept in your Account;
2. act as an escrow agent with respect to any funds kept in your Account;
3. enter into a partnership, joint venture, agency or employment relationship with you by entering into this Agreement;
4. guarantee the identity of any buyer or seller; or
5. determine if you are liable for any taxes and we are not responsible for collecting, reporting or paying any taxes that may arise from your use of our Services.
No warranty
5.5. We and our Related Bodies Corporate do not give any express warranty or condition as to the suitability of our Services.
5.6. We and our Related Bodies Corporate, do not give any implied warranties, except for those implied under the Australian Securities and Investments Commission Act 2001 or Trade Practices Act 1974.
5.7. We will use all reasonable efforts to ensure that requests for electronic debits and credits involving bank accounts and Credit Cards are processed in a timely manner, but we make no representations or warranties regarding the amount of time needed to complete processing because our Services are largely dependent upon many factors outside of our control, such as delays in the banking system or mail services.
5.8. We do not guarantee continuous, uninterrupted or secure access to our Services, and operation of our Website may be interfered with by numerous factors outside of our control.
Eligibility
5.9. To be eligible to use our Services you must:
1. be resident in Australia;
2. be capable of forming a legally binding contract; and
3. hold a valid email address;
and be either:
1. a body corporate registered in Australia;
2. partnership;
3. Australian government body;
4. association (incorporated or unincorporated); or
5. an individual who is at least 18 years old.
5.10. You cannot open an Account with us in a trustee capacity.
Transfers or assignments
5.11. You cannot transfer or assign any rights or obligations you may have under this Agreement without our prior written consent. There are numerous reasons why we do not allow this, including our obligations under anti-money laundering and counter-terrorism financing laws to know our customer.
5.12. We may transfer or assign this Agreement or any right or obligation under this Agreement without your consent. In particular, you agree that this Agreement and all incorporated agreements may be transferred or assigned by us, in our sole discretion, to a third party. We will notify you in advance of such a transfer or assignment.
6. Fees
6.1. All fees are set out in the Fees Policy. You agree to pay all Fees as they become due and payable.
6.2. All fees will be determined in accordance with our Fees Policy. Your Account and all transactions are made and displayed in Australian Dollars unless otherwise specified and may be subject to exchange rates.
7. Opening an Account
7.1. When opening an Account it is important that you identify your correct entity type as you cannot make subsequent changes later. If in doubt as to what entity type you should register, you should consult an accountant or lawyer.
7.2. There are 3 types of PayPal accounts:
Personal Account
1. Designed for buying online or sending and receiving money for Personal Transactions, i.e. from friends and family.
2. Functionality related to some features, such as Mass Pay or eBay selling tools, are limited.
3. Upgrade to a Premier Account at any time.
4. For personal use only.
Premier Account
1. Designed for users who buy and sell online
2. Access to certain features such as Mass Pay and eBay selling tools.
3. You can also apply to pay different Fees for selling Digital Goods through our Micropayments for Digital Goods service.
Business Account
1. Includes all features of a Premier Account.
2. Hold the Business Account under a corporate or group name.
3. Give multiple employees or representatives the authority to access the Business Account, and set different access rights (including transaction limits) for each employee or representative.
4. Access to merchant services rates (where approved).
7.3. You can only hold one Personal Account and either one Premier Account or one Business Account and each Account needs to have registered a unique email address. By opening a Premier Account or a Business Account and accepting the terms outlined in this Agreement, you attest that you are not establishing an Account to be used primarily for personal, family, domestic or household purposes.
7.4. To open a PayPal account you must provide us with the information requested and ensure that the information you provide us is correct at all times.
7.5. You authorise us, directly or through third parties, to make any inquiries we consider necessary to Prove Your Identity. This may include ordering a credit report, performing other credit checks and verifying the information you provide against third party databases.
7.6. When you first open your Account your primary currency will be in Australian Dollars unless you choose to make it a different currency.
7.7. You may also be subject to a Sending Limit until you become Verified.
8. Your obligations when you open an Account with us
8.1. If you open and hold an Account with us, you must:
1. pay any Fees associated with your use of our Services and your Account;
2. ensure that any information about you including your contact details is true, accurate, current and complete and if your information changes, you must update your information through our Website;
3. if requested by us, provide to us in a timely manner, all documentation relating to your identity or authority to operate your Account (including Secondary Logins);
4. if applicable, hold all the necessary licences to engage in the advertising and sale of the goods and services offered for sale or use in association with your Account;
5. not offer unlawful products or services for sale or use through your Account;
6. prominently display any refund policy (if you are a seller);
7. not use your Account or our Services for any unlawful, fraudulent or improper activity;
8. cooperate fully with us to investigate any suspected unlawful, fraudulent or improper activity on your Account;
9. be aware of and pay any taxes that apply to the payments you send or receive; and
10. not allow others to use your Account unless you have a Business Account with a Secondary Login.
8.2. You authorise us to disclose Credit Card related account profile and purchase behaviour information to Visa, MasterCard and American Express for the purpose of eliminating fraud and illicit behaviour.
8.3. When using our Services you must not:
1. provide us with false, inaccurate or misleading information;
2. act fraudulently or be involved in the sale of counterfeit or stolen items;
3. use our Services to provide yourself a cash advance from your Credit Card (or help others to do so);
4. display PayPal as an accepted payment method and subsequently prohibit the use of PayPal, indicate that you will or will not accept specific forms of PayPal payment, or otherwise discourage the use of PayPal as a payment mechanism;
5. breach the PayPal Acceptable Use Policy;
6. be defamatory, unlawfully threatening or harassing;
7. transmit any computer viruses or malicious code (Trojan horses, worms, time bombs, cancelbots, Easter eggs) that may damage, interfere with, surreptitiously intercept or expropriate any customer data or, personal information, or may interfere in the provision of our Services or our customers’ affairs;
8. create liability for us or cause us to lose (in whole or in part) the services of our suppliers;
9. allow anyone else to have or use your Funding Sources or password details or reveal your Account passwords to anyone else;
10. use, or attempt to use, our Services for purposes other than sending and receiving payments and managing your Account, including but not limited to tampering, hacking, modifying or otherwise corrupting the security or functionality of our Services; or
11. charge unreasonable or excessive fees for postage and handling when selling goods.
8.4. 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.
8.5 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, or through the “Profile” section of your Account, you acknowledge that we may disclose the information about your Account that is specifically authorised by you to this third party. 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. Further you acknowledge and agree that you will not hold us responsible for, and will indemnify us 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 Account, choosing the “Profile” subtab under the My Account tab, and selecting “API Access”.
9. Using your Account
Receiving payments through your Account
9.1. If you receive payments in to your Account for offering goods or services for sale you must ensure that you prominently display your current and accurate contact information and comply with the statutory warranties and conditions relating to the sale.
Keeping a balance in your Account
9.2. You are not required to carry a balance in your Account to keep the Account open. However we may request you to deposit funds into your Account to cover any potential reversal by us or to repay a negative balance.
9.3. You acknowledge that we cannot pay and you will not be paid interest on balances kept in your Account.
How PayPal manages the funds in your Account
9.4. If you hold a balance in your Account, your funds will be pooled with money from the PayPal accounts of other customers and deposited by us with a licensed bank in Australia. This does not effect your rights to withdraw funds from your Account.
9.5. We will hold your funds separate from our corporate funds and not use your funds for our operating expenses or any other corporate purposes.
9.6. In consideration for your use of our Services, you irrevocably transfer and assign to us any ownership right that you may have in any interest that may accrue on funds held by us. This assignment applies only to interest earned on your funds, and does not grant us any ownership right to the principal of the funds you maintain with us, subject to this Agreement. In addition to or instead of earning interest, we may receive a reduction in fees or expenses charged for banking services by a licensed bank that holds your funds in the pooled account.
10. Holding a Personal Account
10.1. You must only use a Personal Account for personal, domestic or household purposes. If you have a Personal Account and we have a reasonable basis to believe that it is not being used for personal, domestic or household purposes, we may require you to upgrade to a Premier Account or Business Account or limit or close your Account.
10.2. You may not be able to use all of our Services if you hold a Personal Account as some of our Services may only be available to Premier Accounts or Business Accounts. For example your access to the Mass Pay or eBay selling tools features may be limited. For information on what Services are available please refer to our Website.