You may not transfer or assign any rights or obligations you have under this user agreement without PayPal’s prior written consent. PayPal may transfer or assign this user agreement or any right or obligation under this user agreement at any time.
Business Days
“Business Day(s)” means Monday through Friday, excluding national holidays recognized in Singapore.
Dormant accounts
If you do not log in to your PayPal account for two or more years, PayPal may close your PayPal account and any unused funds in your account will be subject to applicable laws regarding unclaimed monies.
Complete Agreement and Survival.
This user agreement, along with any applicable Policies on the Legal Agreements page on the PayPal website, sets forth the entire understanding between you and PayPal with respect to the PayPal services. All such terms which by their nature should survive, will survive the termination of this user agreement. If any provision of this user agreement is held to be invalid or unenforceable, such provision shall be struck and the remaining provisions shall be enforced.
Governing law and jurisdiction
This Agreement will be governed by and interpreted in accordance with the laws of Singapore, as such laws are applied to agreements entered into and to be performed entirely within Singapore, without regard to conflict of law provisions. Except as otherwise agreed by the parties, you agree that any claim or dispute you may have against PayPal must be resolved by a court located in Singapore or where the defendant is located. You agree to irrevocably submit to the non-exclusive jurisdiction of the courts located within Singapore for the purpose of any suit, action or other proceeding arising out of this user agreement or your use of our websites or the services.
Improperly Filed Litigation
All claims you bring against PayPal must be resolved in accordance with this user agreement. All claims filed or brought contrary to this user agreement shall be considered improperly filed and a breach of this user agreement. Should you file a claim contrary to this user agreement, PayPal may recover attorneys’ fees and costs (including in-house attorneys and paralegals) up to $1,000.00 USD, provided that PayPal has notified you in writing of the improperly filed claim, and you have failed to promptly withdraw the claim.
Identity authentication
You authorize PayPal, directly or through third parties, to make any inquiries we consider necessary to verify your identity. This may include:
– asking you for further information, such as your date of birth, your taxpayer or national identification number, your physical address and other information that will allow us to reasonably identify you;
– requiring you to take steps to confirm ownership of your email address or financial instruments;
– ordering a credit report from a credit reporting agency;
– verifying your information against third party databases or through other sources; or
– requiring you to provide further documentation, such as your driver’s license or other identifying documents at any time.
Anti-money laundering and counter-terrorism financing laws may require that PayPal verify certain identifying information if you use certain PayPal services. PayPal reserves the right to close, suspend, or limit access to your PayPal account and/or the PayPal services in the event that, after reasonable enquiries, we are unable to obtain information about you required to verify your identity.
PayPal is only a payment service provider
We act as a payment service provider only. We do not:
– Act as a bank or provide banking services;
– Act as an escrow agent with respect to any funds kept in your account;
– Act as your agent or trustee;
– Enter into a partnership, joint venture, agency or employment relationship with you;
– Have control of, nor liability for, the products or services that are paid for with the PayPal services;
– Guarantee the identity of any buyer or seller;
– Ensure that a buyer or a seller will complete a transaction;
– Determine if you are liable for any taxes; or
– Unless otherwise expressly set out in this user agreement, collect or pay any taxes that may arise from your use of our services.
Assessment of your website
If you integrate or otherwise reference PayPal services on your website, PayPal may use automated technologies (e.g., website crawling) to assess your website and collect any publicly accessible or available data to ensure compliance with this agreement and to combat malicious or fraudulent activity.
In connection with such technologies, PayPal will not collect any of your customer personal data. However, there may be times we collect personal data about you that you publish on your websites. Such personal data shall be processed for the purposes described in this section and shall be subject to our Privacy Statement.
Privacy
Protecting your privacy is very important to us. Please review our Privacy Statement in order to better understand our commitment to maintaining your privacy, as well as our use and disclosure of your information.
Terms in English; Translation of agreement
It is the express wish of the parties that these terms and any directly or indirectly related documents be drawn up in English. Any translation of this user agreement is provided solely for your convenience and is not intended to modify the terms of this user agreement. In the event of a conflict between the English version of this user agreement and a version in a language other than English, the English version shall control.
Your use (as a seller) of personal data; Data protection laws
If you (as a seller) receive personal data about another PayPal customer, you must keep such personal data confidential and only use it in connection with the PayPal services. You may not disclose or distribute any personal data about PayPal customers to a third party or use such personal data for marketing purposes unless you receive that customer’s express consent to do so. You may not send unsolicited emails to a PayPal customer or use the PayPal services to collect payments to send, or assist in sending, unsolicited emails to third parties.
To the extent that you process any personal data about a PayPal customer pursuant to this user agreement, you and PayPal will shall each be an independent data controller (and not joint controllers), meaning we will each separately determine the purposes and means of processing such personal data. We each agree to comply with the requirements of any applicable privacy and data protection laws, including any applicable regulations, directives, codes of practice, and regulatory requirements applicable to data controllers in connection with this user agreement. We each also have and will follow our own, independently-determined privacy statements, notices, policies and procedures for any such personal data that we process in connection with this user agreement.
In complying with the applicable data protection laws, we will each:
– implement and maintain all appropriate security measures in relation to the processing of personal data;
– maintain a record of all processing activities carried out under this user agreement; and
– not knowingly or intentionally do anything, or knowingly or intentionally permit anything to be done, which might lead to a breach by the other party of the applicable data protection laws.
Any personal data you collect in connection with the PayPal services (and not otherwise generated, collected, or obtained by you through a customer’s separate relationship with you outside the use of the PayPal services) will be used by you only to the limited extent that is necessary and relevant to the PayPal services and for no other purpose unless you have obtained the prior express consent of the customer.
The parties agree that PayPal may transfer customer personal data processed under this user agreement outside the country where it was collected as necessary to provide the PayPal services. If PayPal transfers customer personal data protected under this user agreement to a jurisdiction for which the applicable regulatory authority for the country in which the data was collected has not issued an adequacy decision, PayPal will ensure that appropriate safeguards have been implemented for the transfer of customer personal data in accordance with applicable data protection laws. For example, and for purposes of compliance with the Regulation (EU) 2016/679, we rely on Binding Corporate Rules approved by competent supervisory authorities and other data transfer mechanisms for transfers of customer personal data to other members of the PayPal group.
Country/Region-Specific Terms
These terms and conditions apply only to account holders for PayPal accounts registered in the following countries. In the event of a conflict between the terms of this user agreement and the terms below, the country/region-specific terms below shall apply:
Croatia and Iceland
Data Protection Provisions for sellers. If you, as a seller with a Croatian or Icelandic PayPal account, transfer personal data of customers located, respectively, in Croatia or Iceland we each agree to enter into the standard contractual clauses found here, which form part of this user agreement.
Mainland China
If you are using a service (“Third Party Service”) offered by a PayPal partner bank or licensed foreign-exchange service provider (a “Service Provider”), please see the terms and conditions of the Service Provider for additional information relating to that service.
You acknowledge and agree that PayPal may share information provided by you in accordance with PayPal’s Privacy Statement and the terms of the agreement between you and PayPal with a Service Provider, including for the following reason; to enable a Service Provider to conduct the requisite due diligence in accordance with Service Provider’s Know-your-customer (KYC) obligations.
PayPal shall not be responsible for any loss or damage incurred or suffered by you on account of any (i) failure, interruption, defect, or negligent or willful misuse of a Third Party Service; or (ii) consequences arising out of delayed or non-receipt of funds withdrawn through a Third Party Service.
We may amend the user agreement and any of the policies and other agreements on the Legal Agreements page that apply to users in Mainland China from time to time. The revised version will be effective at the time we post it on our website, unless otherwise noted. If our changes reduce your rights or increase your responsibilities, we will post a notice on the Policy Updates page of our website and provide you with at least 30 days’ notice.
Colombia
As of 1 September 2015, Colombian Resident PayPal users may only send and receive international payments. Domestic payments between two Colombian Resident PayPal users are unavailable.
“Colombian Resident” is defined to mean:
1. an individual, regardless of actual nationality, who has indicated Colombia as his/her country or region at the point of signing up for a PayPal account; and
2. an entity, partnership, organization or association which has indicated Colombia as its country or region of registration at the point of signing up for a PayPal account.
Malaysia
PayPal has been approved by Bank Negara Malaysia to operate an e-Money business. Therefore, 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 Disputes with PayPal section of this user agreement or contacting PayPal’s Customer Support, you may also contact Bank Negara through BNMLINK and BNMTELELINK.
BNMTELELINK can be contacted directly either by telephone, fax, letter or email. Members of the public can contact BNMLINK and BNMTELELINK for information, inquiries or redress in the areas of conventional and Islamic banking, insurance and takaful, advisory services for small and medium enterprises, foreign exchange administration and other matters under Bank Negara Malaysia’s jurisdiction. The contact details for BNMTELELINK are:
BNMTELELINK
Jabatan Komunikasi Korporat
Bank Negara Malaysia
P.O.Box 10922
50929 Kuala Lumpur
Tel: 1-300-88-5465 (LINK)
Fax: 03-2174 1515
Email: [email protected]
BNMLINK and BNMTELELINK operating hours are from: Monday – Friday, 9.00 a.m. – 5.00 p.m. Malaysia Time
Privacy Statement. In addition to the English language version of the Privacy Statement appended to this Agreement, a Bahasa Melayu version of the policy is available by clicking the following link.
Financial Ombudsman Scheme. PayPal is a member of the Financial Ombudsman Scheme approved by Bank Negara Malaysia. The operator approved to operate the scheme is the Ombudsman for Financial Services (OFS), an independent alternative dispute resolution channel covering eligible Malaysia customers. OFS services are provided free of charge to eligible complainants who may be dissatisfied with PayPal’s resolution. For more information on the timeframe to file the dispute and the types of Award that may be granted by the Ombudsman, please visit www.ofs.org.my.
Withdrawing Funds in Malaysia. If your Account is registered in Malaysia, you may only withdraw funds from your Account by transferring them to your local Malaysian bank account.
Governing Law. For Malaysian residents who register for the PayPal services with a Malaysian address, this user 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. Except as amended by these terms and conditions, all other provisions of the user agreement remain in full force and effect.
Amendments. We may amend this user agreement and any of the policies and other agreements on the Legal Agreements page that apply to users in Malaysia from time to time. The revised version will be effective at the time we post it on our website, unless otherwise noted. If our changes reduce your rights or increase your responsibilities, we will post a notice on the Policy Updates page of our website and provide you with at least 21 days’ notice.
PayPal suspension and termination rights. PayPal, in its sole discretion, reserves the right to suspend or terminate this user agreement, access to or use of its websites, software, systems (including any networks and servers used to provide any of the PayPal services) operated by us or on our behalf or some or all of the PayPal services, at any time upon notice to you: (i) if you breach this user agreement, the PayPal Acceptable Use Policy, the Commercial Entity Agreements (as they apply to you), or any other agreement between you and PayPal, or (ii) if we determine, acting reasonably, that we should do so due to other circumstances or reasons. Our determination shall be final and binding except in the case of manifest error or bad faith. Upon termination of this user agreement, PayPal shall arrange the payment to you of any unrestricted funds held in the balance of your PayPal account.
Morocco
Upon enablement of the withdrawal functionality to a Moroccan bank account with the bank partner of PayPal, you will be required to comply with Moroccan laws and regulations. This means notably that if you receive amounts into the balance of your PayPal account from a PayPal user, you must withdraw the amounts in the balance of your PayPal account to your Moroccan bank account* within 30 Days of receipt of funds.
* The bank partner of PayPal for the withdrawal functionality charges a fee for each withdrawal. Upon enablement of the receive and withdraw functionalities, PayPal will provide you with additional information.
The Philippines
If you are using a service (“Third Party Service”) offered by a PayPal partner bank, licensed foreign-exchange service provider, remittance agent or e-money issuer (a “Service Provider”), please see the terms and conditions of the Service Provider for additional information relating to that service.
In case of any disputes, demands, actions, proceedings (“Disputes”) between you and a Service Provider on account of any delay or non-payment of any funds due to you, you hereby indemnify PayPal, PayPal’s affiliates and its employees from any damages, claims, charges, expenses and/or losses arising out of such Disputes. You further agree that PayPal shall not be liable to you in relation to any funds which have already been transferred from your PayPal account to a Service Provider.
You acknowledge and agree that PayPal may share information provided by you in accordance with PayPal’s Privacy Statement and the terms of the agreement between you and PayPal with the Service Provider in order to enable the Service Provider to conduct the requisite due diligence in accordance with Service Provider’s Know-your-customer (KYC) obligations.
PayPal shall not be responsible for any loss or damage incurred or suffered by you on account of any (i) failure, interruption, defect, or negligent or willful misuse of a Third Party Service; or (ii) consequences arising out of any delay or non-receipt of funds withdrawn through a Third Party Service.
Except to the extent amended by these terms and conditions, all other provisions of the user agreement shall remain in full force and effect.
You are required to comply with South African exchange control regulations. This means that:
1. If you receive amounts into the balance of your PayPal account from a PayPal user:
(i) you may not send those amounts to another PayPal user for a purchase or for any other reason.
(ii) you must withdraw the amounts in the balance of your PayPal account to your South African bank account* within 30 Days of receipt of funds.
2. If you would like to send amounts to another PayPal user:
(i) you must do so either with the credit card associated with your account, or by doing a top up to the balance in your PayPal account from your FNB bank account*.
(ii) For purchases using top up, you must do a separate top up for each purchase.
* FNB charges a fee for each top up and withdrawal. Please see the FNB website for more information.
South Africa
The PayPal services are offered by PayPal Pte. Ltd., located at 5 Temasek Boulevard #09-01, Suntec Tower Five, Singapore 038985. Our operating hours are on Business Days from 9am to 5pm. If you are a Singapore resident, 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. Fees for our services are described in our Fees Table.
Your PayPal account can only facilitate payments for goods and services, not personal fund transfers.
For personal accounts, please note that there may be a limit on the total balance which you may hold in all personal accounts or on the total amount of outgoing transactions which may be made from all personal accounts you have with us as prescribed by law or as we may determine.
In relation to the balance of PayPal accounts of Singapore Resident users, PayPal has arranged for a sum of monies equal to the said balances to be held through a trust arrangement.
*Singapore Resident means:
1. an individual, regardless of nationality, who has indicated ‘Singapore’ as his/her ‘Country of Residence’ at the point of signing up for a PayPal account, and the individual agrees in so doing that he/she shall be regarded as a Singapore resident; and
2. a non-individual which has indicated ‘Singapore’ as its ‘Country of Registration’ at the point of signing up for a PayPal account, and the non-individual agrees in so doing that it shall be regarded as a Singapore resident.
Additionally, if you are an individual or sole proprietor, we are required to inform you of your obligations under the E-Payments User Protection Guidelines published by the Monetary Authority of Singapore as set out below:
– provide us with your contact details as required by us in order for us to send you transaction notifications as we are required under the guidelines. At a minimum, if you opt to receive transaction notification by SMS, you should give us your Singapore mobile phone number, and if you have opted to receive notification by email, you should give us your mail address;
– You are responsible for enabling transaction notification alerts, to receive all transaction notifications for all outgoing transactions made from your account, and to monitor the transaction notifications we have sent to your email, without the need for further reminders or repeat notifications.
– As mentioned above, you should not voluntarily disclose any of your passwords to any third party, (except as instructed by us). You should not disclose your password in a recognisable way on your account, authentication device, or any container for your account, or keep a record of your password in a way that allows a third party to misuse your password.
– If you do keep a record of your password, you should make reasonable efforts to keep the record secure, for example, by keeping it in a physical location that only you know or can access, or keeping it in a place where a third party is unlikely to find it.
– Minimally, you should do the following to protect your account:- update your device(s)’ browser to the latest version available,
– patch your device(s)’ operating systems with regular security updates,
– install and maintain the latest anti-virus software on your device(s), and
– use strong passwords, such as a mixture of letters, numbers and symbols.
Our obligations are:
– Subject to your preferences, we would provide transaction notifications in respect of all of your outgoing transactions, sent to your email, or every email selected by you to receive such notifications. These notifications are sent on a real time basis for each transaction. We will accompany the email transaction notification with a notification on our website. The notification would also contain the following information (other than information we have left out for confidentiality) for you to identify the transaction as being authorized:- Information that allows you to identify your account (e.g. by your account name),
– Information that allows you to identify the recipient,
– Information that allows us to later identify you, your account, and the recipient’s account,
– Transaction amount;
– Transaction time and date,
– Transaction type,
– If the transaction is for goods and services provided by a business, the merchant’s trading name and reference number for the transaction (where possible).
Please note that your notification preferences may affect your ability to detect Unauthorised Transactions in a timely manner, and your liability for any Unauthorised Transactions.
In addition to the procedures above, we will complete investigation of any Unauthorized Transaction claim within 21 business days, for straightforward cases or 45 business days, for complex cases. Complex cases may include cases where any party to the Unauthorised Transaction stays overseas or where we have not received sufficient information from you to complete the investigation. We will provide a written or oral report of the investigation outcome and its assessment of your liability and seek your acknowledgement of the investigation report. We may also require that you furnish a police report before we begin our claims resolution process. Where you do not agree with our assessment, we may commence other forms of dispute resolution.
Taiwan
Your ability to withdraw the balance in your PayPal account to your local bank account may require the opening of a bank account with a PayPal partner bank in Taiwan (“Partner Bank”), and using the withdrawal service offered by that Partner Bank (“Withdrawal Service”). Please see the terms and conditions with the Partner Bank for additional information relating to the Withdrawal Service.
If for any reason the balance in your PayPal account withdrawal cannot be processed, your funds will be returned to you in USD.
In case of any disputes, demands, actions, proceedings (“Disputes”) between you and the Partner Bank on account of any delayed or non-payment of any funds due to you, you hereby indemnify PayPal, PayPal’s affiliates and its employees from any damages, claims, charges, expenses and/or losses arising out of such Disputes. You further agree that PayPal shall not be liable to you in relation to any funds which have already been transferred from your PayPal account to the Partner Bank.