Terms of service
User Agreement for PayPal™ Service
Note: The User Agreement below will be replaced on June 4, 2003, for all PayPal accounts that signed up prior to February 7, 2003. PayPal accounts that signed up on or after February 7, 2003 are bound by the terms of the new User Agreement. To view the new User Agreement, click here.
This User Agreement (“Agreement” or “User Agreement”) is a contract between you and PayPal, Inc. and applies to your use of the PayPal? payment service and any related products and services (collectively the “Service”). This Agreement affects your rights and you should read it carefully. We encourage you to print the Agreement or copy it to your computer’s hard drive for your reference. For additional information about the Service and how it works, please also consult the PayPal Help Center. In this Agreement, “you” or “your” means any person or entity using the Service (“Users”). Unless otherwise stated, “PayPal,” “we” or “our” will refer collectively to PayPal, Inc. and its subsidiaries, affiliates, directors, officers, employees, agents and contractors.
Unless otherwise specified, all references to a “bank” in this Agreement include savings associations and credit unions, and all references to a “credit card” include Visa- and MasterCard-branded debit cards. This Agreement was last modified on January 16, 2003.
I. The Legal Relationship Between You and PayPal
II. User Responsibilities
III. Sending Payments
IV. Receiving Payments
V. Rights, Obligations and Disclaimers of PayPal
VI. Electronic Fund Transfer Rights and Error Resolution
VII. Consumer Protection Programs
VIII. Additional User Agreement for Premier/Business Users
IX. Additional User Agreement for PayPal Shops
X. Additional User Agreement for Debit Cards
I. The Legal Relationship between You and PayPal
By registering for the Service, you appoint PayPal as your agent to process payments on your behalf in accordance with your instructions, subject to the terms and restrictions of this Agreement. PayPal will at all times hold your funds separate from its corporate funds, will not use your funds for its operating expenses or any other corporate purposes, and will not voluntarily make funds available to its creditors in the event of bankruptcy or for any other purpose. You acknowledge that (i) PayPal is not a bank and the Service is a payment processing service rather than a banking service, and (ii) PayPal is not acting as a trustee, fiduciary or escrow with respect to your funds, but is acting only as an agent and custodian.
You are not required to keep funds in the PayPal system (i.e., carry a balance in your PayPal agency account) in order to use the Service. If you do carry a U.S. Dollar balance in your PayPal account and do not enroll in the PayPal Money Market Fund, PayPal will pool your funds together with funds from other Users, and will place those funds in accounts at one or more FDIC-insured banks (“Pooled Accounts”). You agree that any earnings on the Pooled Accounts will be the property of PayPal, and you will not receive interest or other earnings on the funds that PayPal handles as your agent. Balances held in currencies other than U.S. Dollars will not be placed with the FDIC-insured banks.
If you enroll in the Money Market Fund, PayPal’s subsidiary PayPal Asset Management Inc. will act as your agent to transfer any U.S. Dollar balance in your PayPal account on a daily basis to purchase shares in the Money Market Fund. Thereafter, payments that you send through PayPal will be funded by a redemption of your shares in the Money Market Fund. For more information on the Money Market Fund, please review prospectus.
By initiating and sending payments through the Service or adding funds to your balance, you appoint PayPal as your agent to obtain the funds on your behalf and to transfer the funds to the recipient that you designate or to a Pooled Account, subject to the terms and restrictions of this Agreement. PayPal will obtain the funds first by debiting your funds in the Pooled Accounts or redeeming your shares in the Money Market Fund, if any. If this is not sufficient to fund your payment fully, PayPal will obtain the remaining funds per your instructions by debiting a bank account that you designate or charging your credit card. When you send a payment, until that payment is accepted by the recipient (which may occur instantly), you remain the owner of those funds and PayPal holds those funds as your agent, but you will not be able to withdraw those funds or send the funds to any other recipient unless the initial transaction is cancelled.
By receiving payments through the Service, 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. Through the PayPal website, you may provide instructions to withdraw the funds, enroll in an automatic sweep of the funds into the PayPal Money Market Fund or transfer the funds to a third party, in each case subject to the terms and restrictions of this Agreement. If you receive a notice that a payment has been sent to you through PayPal but you have not registered for the Service, 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. If you register for a Premier or Business account and intend to accept credit card payments, you will be receiving services provided by Wells Fargo Bank, N.A. and Wells Fargo Merchant Services, LLC (collectively “Wells Fargo”), and the terms of Article VIII (Additional User Agreement for Premier and Business Accounts) will govern your rights, obligations and liabilities with respect to such credit card transactions.
II. User Responsibilities
As of January 1, 2002, you must be at least 18 years of age to register for an account and use the Service. Additionally, if your credit report reflects an unacceptable level of risk, you will not be eligible to use the service.
No Multiple Accounts. Should you register for more than one Personal Account, PayPal reserves the right to terminate all of your accounts and will restrict you from the system going forward. Users may register and hold one Personal Account and either one Premier or one Business Account.
Registration Information. You agree to provide true, accurate and complete registration information and to maintain and promptly update your information as applicable. You agree not to impersonate any other person or use a name that you are not authorized to use. If any information you provide is untrue, inaccurate, not current, or incomplete, without limiting other remedies, PayPal has the right to terminate your use of the Service and PayPal, its agents, suppliers, and subcontractors have the right to recover from you any costs or losses incurred as a direct or indirect result of the inaccurate or incomplete information. If your application is for a Premier or Business account, you may be required to furnish more detailed information in order to be in compliance with VISA/MasterCard rules. If any information you provide is untrue, inaccurate, not current, or incomplete, without limiting other remedies, Wells Fargo and the VISA/MasterCard associations have the right to require that PayPal terminate your account.
You authorize PayPal, directly or through third parties, to make any inquiries we consider necessary to validate your registration. This may include ordering a credit report and performing other credit checks or verifying the information you provide against third party databases.
Non-U.S. Use. To be eligible for an account, you must be a resident of the United States or one of the approved countries listed below:
All fees are set forth in the Fee Schedule. All fees will be assessed in the currency of the payment, and all transactions may be subject to exchange rates. If you maintain a PayPal account balance in more than one currency, we will always disclose the amount of money in your account in the currency in which that balance is held. In addition, if you maintain balances in more than one currency, your current total account balance will be displayed in the currency of your primary balance. For additional information about the currencies available for the PayPal Service, see sections III.7 Sending Payments: Multiple Currencies, and IV.7 Receiving Payments: Multiple Currencies, below.
Non-U.S. Users in some countries may not use the Service to receive payments, and may only use the Service to send payments. These countries are designated on the PayPal International page. IT IS PAYPAL’S ASSUMPTION THAT NON-U.S. USERS ARE SIGNING UP FOR A PAYPAL ACCOUNT ONLY AFTER DETERMINING THAT OPENING AND MAINTAINING A PAYPAL ACCOUNT VIOLATES NO LAWS OR REGULATIONS IN THEIR RESPECTIVE COUNTRY AND JURISDICTION. If you are a non-U.S. user, you warrant that you are violating no law or regulation by your use of PayPal, and you indemnify us for any and all liability that might arise from your use of PayPal.
Prohibited Transactions. You agree that you will not use PayPal to accept payment for illegal products or services, including but not limited to materials that infringe the intellectual property rights of third parties. You will not use the Service, the PayPal website or any of the services offered therein for any unlawful or fraudulent activity. If PayPal (or Wells Fargo, in connection with processing credit card transactions) has reason to believe that you may be engaging in or have engaged in fraudulent, unlawful, or improper activity, including without limitation any violation of any terms and conditions of this Agreement, your access to the Service may be suspended or terminated. Further, if such behavior involved a MasterCard or VISA credit card transaction, it may result in you/your business being prevented from registering for payment acceptance through any payment provider or directly with any bank acquirer operating under license to either the MasterCard or VISA card associations. You will cooperate fully with PayPal Wells Fargo, MasterCard or VISA to investigate any suspected unlawful, fraudulent or improper activity, including but not limited to granting authorized PayPal representatives “guest” or “member” access to any password-protected portions of your website.
You also agree not to use your PayPal account to sell goods with delivery dates delayed more than 20 days from the date of payment, or to sell securities, business opportunities, franchises or multi-level marketing or goods with delivery delayed more than 20 days from the date of payment. You agree not to impersonate a PayPal User or a PayPal representative, or to request that a PayPal customer provide you with their password or other information to access their account.
Electronic Communications. To the fullest extent permitted by applicable law, this Agreement and any other agreements, notices or other communications regarding your account and/or your use of the Service (“Communications”), may be provided to you electronically and you agree to receive all Communications from PayPal in electronic form. Electronic Communications may be posted on the pages within the PayPal website and/or delivered to your e-mail address. You may print a copy of any Communications and retain it for your records. All Communications in either electronic or paper format will be considered to be in “writing,” and to have been received no later than five (5) business days after posting or dissemination, whether or not you have received or retrieved the Communication. PayPal reserves the right but assumes no obligation to provide Communications in paper format. Your consent to receive Communications electronically is valid until you revoke your consent by notifying PayPal of your decision to do so by contacting us through this form or by telephoning customer service. If you revoke your consent to receive Communications electronically, PayPal will terminate your right to use the Service
Correct E-mail. You agree and warrant that you have access to the internet and to a current functional personal e-mail address. Although we will take reasonable steps to contact you based on information that you have provided us, PayPal will not be liable for any undelivered e-mail communications or any costs you incur for maintaining internet access and an e-mail account. You have an AFFIRMATIVE OBLIGATION to provide PayPal with a correct and operational e-mail address, and to notify PayPal promptly as to any changes or cancellations of any and all e-mail addresses you provide PayPal. Failure to provide PayPal with a current, working, functional, personal e-mail address, and/or failure to update PayPal in a change or cancellation of your e-mail address, or if PayPal has reason to believe that either have occurred may result in any or all of the following, non-exclusively: (1) the removal or deactivation by PayPal of a non-functional e-mail address from your account; (2) the replacement of a secondary e-mail address as a new permanent e-mail address associated with your account; (3) an alteration to your user preferences regarding PayPal e-mail notifications; and/or (4) attempts by PayPal to reach you personally by phone, fax or postal mail. PayPal reserves the right to take measures to ensure the integrity of its contact directory, and expects that you, as a user, will cooperate and keep your contact information current.
No Framing. Because PayPal members are warned never to enter their PayPal account password into any page whose URL does not begin with https://www.paypal.com/, the use of “framing,” where a 3rd party site displays a portion of the PayPal website inside a webpage whose URL is not https://www.paypal.com/, is prohibited.
No Spam. You agree not to use email addresses of PayPal customers to send unsolicited email. You agree not to use unsolicited email, usenet, message board postings, or similar methods of mass messaging (spam) to gather referral bonuses. The use of spam to promote the Service has strict negative consequences. We will immediately and permanently terminate the account of any User who has sent unsolicited email targeting PayPal Users to gain referrals or for any other purpose. In addition, you may be subject to state and federal penalties and other legal consequences under applicable law if you send unsolicited email. Our Anti-Spam Policy is intended to protect our users, the internet, and us.
Unclaimed Property. If you do not access your account for a period of three years, it will be terminated. After the date of termination, we will use the information you provided to try to send you any funds that we are holding in custody for you. If that information is not correct, and we are unable to complete the payment to you, your funds will be subject to applicable state laws regarding escheat of unclaimed property.
Passwords. You may not reveal your account password(s) to anyone else, nor may you use anyone else’s password. PayPal is not responsible for losses incurred by Users as the result of their misuse of passwords.
Closing Your Account. You may close your account at any time by clicking the “Close Account” link in your Profile on the PayPal website. Upon closure of an account, any pending transactions will be cancelled. Any funds that we are holding in custody for you at the time of closure, less any applicable fees, will be paid to you by check, assuming all withdrawal related authentication requirements have been fulfilled (for example, you may not use closure of your account as a means of evading withdrawal limits on new Unverified users). You may not use closure of your account as a means of evading investigation – if an investigation is pending at the time you close your account, PayPal may continue to hold your funds for up to 180 days as appropriate to protect PayPal against the risk of reversals. If you are later determined to be entitled to some or all of the funds in dispute, PayPal will make an additional payment of those funds to you. You will remain liable for all obligations related to your account even after such account is closed.
Hacking. If you use, or attempt to use the Service 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 Service, your account will be terminated and you will be subject to damages and other penalties, including criminal prosecution where available.
No Cash Advances. You agree not to engage in behavior that could reasonably be construed as providing yourself a cash advance from your credit card, and agree not to assist Users who engage in behavior that could reasonably be construed as providing themselves a cash advance from their credit cards. Such behavior includes, but is not limited to, a User paying someone with a credit card-funded payment through the Service, then receiving the funds back from the original Recipient and attempting to withdraw the funds from their account. PayPal reserves the right to reverse all such transactions and to terminate any accounts that are associated with such behavior.
Assignability. You may not transfer any rights or obligations you may have under this Agreement without the prior written consent of PayPal. PayPal reserves the right to transfer this Agreement or any right or obligation under this Agreement without your consent.
Indemnification. You agree to indemnify and hold PayPal, its affiliates, officers, directors and employees harmless from any claim, action, demand, loss, or damages (including attorneys’ fees) made or incurred by any third party arising out of or relating to your use of the Service.
Security Interest; PayPal’s Right to Setoff. To secure your performance of this Agreement, you grant to PayPal a lien on and security interest in your account. In addition, you acknowledge that PayPal may setoff against any accounts you own for any obligation you owe PayPal at any time and for any reason allowed by law. These obligations include both secured and unsecured debts and debts you owe individually or together with someone else. PayPal may consider this Agreement as your consent to PayPal’s asserting its security interest or exercising its right of setoff should any law require your consent. The rights described in this section are in addition to and apart from any other rights.
Choice of Law. This Agreement is governed by and interpreted under the laws of the state of California, USA as such laws are applied to agreements entered into and to be performed entirely within California by California residents.
Arbitration. Any controversy or claim arising out of or relating to this Agreement or the provision of Services shall be settled by binding arbitration in accordance with the commercial arbitration rules of the American Arbitration Association. Any such controversy or claim shall be arbitrated on an individual basis, and shall not be consolidated in any arbitration with any claim or controversy of any other party. The arbitration shall be conducted in Santa Clara County, California, USA, and judgment on the arbitration award may be entered in any court having jurisdiction thereof. Either you or PayPal may seek any interim or preliminary relief from a court of competent jurisdiction in Santa Clara County, California, USA necessary to protect the rights or property of you or PayPal, Inc. (or its agents, suppliers, and subcontractors) pending the completion of arbitration.
III. Sending Payments
Spending Limits and Verification
U.S. Users. You need to have a credit card or confirmed bank account with PayPal before you can send any payments. American Express has decided to decline PayPal credit card transactions that are funded with an American Express Corporate Card. As a result, any attempts to register or use an American Express Corporate Card will be denied. Once you confirm an email address and add a credit card, you are limited to a total of $2,000.00 USD of spending. Some accounts, at PayPal’s discretion, may have a lower limit. Some transactions, at PayPal’s discretion, may not apply towards the limit. Your Sending Limit is denominated in U.S. Dollars. All foreign currency payments will reduce your Sending Limit by the equivalent U.S. Dollar amount. Once you become Verified by confirming your bank account, your Sending Limit will be lifted. Account limits, if any, can be viewed from the “View Limits” link on the Account Overview page. In order to become Verified, you must login to your PayPal account and authorize PayPal to make two small deposits, at PayPal’s own expense, to the bank account that you registered. Your bank account and your PayPal account will be considered Verified if and when you correctly enter these deposit amounts on the PayPal website. If your Verified bank account is closed, you must confirm your control of a new U.S. bank account in order to remain Verified. PayPal reserves the right to decide that accounts at certain banks may not be used for Verification.
Some accounts, at PayPal’s discretion, will be required to complete our membership process. Specifically, this means that you may be required to pay a $1.95 USD member fee to establish your PayPal account and must complete the membership process by logging into your PayPal account and entering the four-digit Member Number associated with the $1.95 USD fee. This membership process will be complete if and when you correctly enter your Member Number on the PayPal website. After you have successfully entered your Member Number, you will receive a $1.95 USD bonus for the next PayPal payment you send. (Note: this bonus may take up to 24 hrs to process and be reflected in your PayPal account balance.) PayPal may require you to complete the membership process each time you add a funding source to your PayPal account.
Some accounts, at PayPal’s discretion, may become Verified without completing the bank account confirmation process. In order to become Verified without completing the bank account confirmation process, an account will have completed an alternate Verification process determined and administered by PayPal. Accounts eligible for an alternate Verification process are determined solely by PayPal and will be contacted by PayPal.
Non-U.S. Users. You need to add a credit card before you can send any payments. Once you confirm an email address and add a credit card, you will have a Sending Limit. Your Sending Limit is denominated in U.S. Dollars. All foreign currency payments will reduce your Sending Limit by the equivalent U.S. Dollar amount. Once you confirm an email address, add a credit card, and enter your Member Number, your account will have an unlimited sending limit. American Express has decided to decline PayPal credit card transactions that are funded with an American Express Corporate Card. As a result, any attempts to register or use an American Express Corporate Card will be denied. Some accounts, at PayPal’s discretion, may have a higher or lower limit before verification. Some transactions, at PayPal’s discretion, may not apply towards the limit. Account limits, if any, can be viewed from the “View Limits” link on the Account Overview page. In order to obtain your Member Number, you must pay a $1.95 USD membership fee and log in to your PayPal account and enter the four-digit Member Number associated with the $1.95 USD charge. After you have successfully entered your Member Number, you will receive a $1.95 USD bonus on the next PayPal payment you send. (Note: this bonus may take up to 24 hrs to process and be reflected in your PayPal account balance.) Your membership will be complete and your sending limit lifted if and when you correctly enter your Member Number on the PayPal website. If you remove the funding source used to establish your membership, PayPal may require you to complete the membership process again.
Your non-U.S. account will be considered Non-U.S. Unverified until you have completed the following three steps: (1) Confirm your email address, (2) Add a credit card, and (3) Enter your Member Number. Except for Canadian Verified sellers with Business or Premier accounts who meet all of our other Seller Protection Policy guidelines, no non-U.S. accounts, whether Verified or Unverified, are protected under PayPal’s Seller Protection Policy.
Some accounts, at PayPal’s discretion, may become Non-U.S. Verified without completing the membership process. In order to become Non-U.S. Verified without completing the membership process, an account will have completed an alternate Verification process determined and administered by PayPal. Accounts eligible for an alternate Verification process are determined solely by PayPal and will be contacted by PayPal.
Electronic Transfers. When you make a payment through PayPal that is funded by Instant Transfer or eCheck, and when you initiate an “Add Funds” transaction you are requesting an electronic transfer from your bank account. Upon such request, PayPal will make electronic transfers via the Automated Clearing House (ACH) system from your U.S. bank account in the amount you specify. You agree that such requests constitute your authorization for such transfers. PayPal will never make transfers from your bank account without your authorization.
PayPal provides you protection against unauthorized withdrawals from your bank account under the terms of Article VI below. You may be charged a service fee for any ACH transactions that result in a returned ACH item, such as but not limited to those caused by insufficient funds in your bank account, closure of your bank account, or if the bank account number or other information you provided is incorrect. Currently, Non-U.S. Users are charged $20.00 USD per returned ACH and U.S. Users are not charged. PayPal reserves the right to resubmit for collection any ACH debit authorized by you (Instant Transfer, eCheck or Add Funds) that is returned for insufficient or uncollected funds. In addition, if your PayPal account has a negative balance at the end of the month, PayPal reserves the right to resubmit for collection a second time.
Non-U.S. Members. Users in Germany and the Netherlands may add funds to their PayPal account by initiating a bank transfer from their banking institution to their PayPal account. Such funds will be posted to the user’s PayPal account and converted to US Dollars at the time the payment is successfully received by PayPal. A $1.00 USD fee will be assessed at that time.
Entering Member Numbers. PayPal requires all Non-U.S. Users and some Domestic Users to complete an additional process to establish their membership with PayPal. This process consists of a membership fee charged to the User’s credit card, debit card, or bank account that is associated with a randomly generated, unique 4-digit PayPal Membership Number. PayPal provides a page in the User’s account for the User to enter this Member Number when it is received via the User’s physical monthly card statement, or via online access to the card statement, or via the User’s physical monthly bank statement, or via online access to the bank statement. PayPal strongly discourages users from calling their financial institutions in order to obtain PayPal Member Numbers before receiving their monthly statement in the mail or online. If PayPal receives a complaint from Visa, MasterCard, Discover, American Express, or a financial institution regarding a User’s calling that financial institution to obtain PayPal Member Numbers, that User’s PayPal account will be closed permanently. This membership fee may not be disclosed expressly at the time it is made.
Right of Recipient to Refuse Payment. When you send a payment to a third party through PayPal, the recipient is not required to accept the payment, even if the recipient is already registered with PayPal. The recipient is free to return payments or, in some cases, to use the PayPal system to deny payments that you have sent. You acknowledge that PayPal will not be liable for any damages resulting from a recipient’s decision not to accept a payment made through PayPal. Any payments through PayPal that are denied or unclaimed by a recipient will be returned to the sender on the earlier of (a) the date of such denial, or (b) within 30 days from the date the payment is sent.
Choice of Funding Sources. Choice of Funding Sources. PayPal reserves the right to limit an account-holder’s choice of funding sources for any individual payment based on analysis performed through proprietary risk modeling systems. When PayPal decides to limit funding source choices, the account holder will be alerted to the higher-than-normal level of risk associated with the payment. If PayPal determines that there is a higher-than-normal level of risk, this is not an indication that either party in the transaction is acting in a dishonest or fraudulent manner; it is merely an indication that the combination of variables in the transaction has alerted PayPal that the potential for payment repudiation is unacceptable. The account-holder may choose to continue with the transaction using the available funding sources (if any), with the understanding that he or she may be accepting an additional level of transactional risk. Thus, the account holder may have fewer avenues available for dispute resolution should the transaction turn out to be unsatisfactory. For more information about protecting yourself from the risks associated with online transactions, please visit PayPal’s Security Center.
Removal of Expired Credit Cards. PayPal views expired credit cards as an invalid funding source and reserves the right to remove expired credit cards from your account. PayPal will notify you via email that your credit card has been removed from your account because of an invalid expiration date. You may re-add the card once a valid expiration date is obtained.
Multiple Currencies. PayPal’s Multiple Currencies feature allows users to send payments in U.S. Dollars, Canadian Dollars, Euros, Pounds Sterling, or Yen. Multiple Currencies is currently available for all payments made using the regular Send Money service. You do not need to maintain a balance in the currency in which you would like to send the payment, but may choose the currency at the time of payment. If you are making a payment in a currency in which you already maintain a balance, the funds for the payment will first be withdrawn from the balance you already hold in that currency. Additional funds required for the payment will be withdrawn first from any other PayPal balance you maintain, and then from the funding source of your choice.
If your PayPal balance(s) do not cover the full amount of your payment, and you hold a credit card denominated in the currency of the payment, that credit card will be charged for the remainder of the payment. If your PayPal balance(s) do not cover the full amount of your payment, and you do not hold a credit card denominated in the currency of the payment, but you do hold a credit card denominated in one of the currencies supported by the Multiple Currencies feature (that is, U.S. Dollars, Canadian Dollars, Euros, Pounds Sterling, or Yen) your credit card will be charged in that currency. If your PayPal balance(s) do not cover the full amount of your payment, and you neither hold a credit card denominated in the currency of the payment nor in any of the currencies supported by the Multiple Currencies feature (that is, U.S. Dollars, Canadian Dollars, Euros, Pounds Sterling, or Yen), your credit card will be charged in the currency of your payment. If you hold a U.S. PayPal account, your card will always be charged in U.S. Dollars.
Before you complete the payment, PayPal will display the current exchange rate for any funds you are sending which are not currently held in the currency of the payment.
In addition, the recipient of your payment does not need to maintain a PayPal balance in the currency in which you are sending the payment. For additional information about receiving Multiple Currencies payments, please see section IV.7, Receiving Payments: Multiple Currencies, below.
IV. Receiving Payments
Receipt of Credit Card Funded Payments. The ability to receive credit card funded payments is reserved for Premier and Business accounts. Personal Accounts that receive credit card funded payments may accept the payment by upgrading to a Premier or Business account, or they will have to deny the payment. Personal accounts may receive non-credit card funded payments for free. Once upgraded, Premier and Business Accounts may receive unlimited credit card funded payments. Payments funded wholly or partially by a credit card are classified as credit card payments in the PayPal system.
Receipt of Payments; Risk of Reversal of Transactions; Collection of Funds you owe PayPal. When you receive a payment through the Service, unless you follow the steps necessary to qualify for our Seller Protection Policy described in Part VII of this User Agreement, you are not protected against a subsequent reversal of the transaction. In the event that the sender’s transaction is reversed for any reason and you do not qualify for the Seller Protection Policy for that transaction, you will owe PayPal for the amount of the reversed transaction plus any fees imposed on PayPal as a result of the reversal. Examples of such a reversal include, but are not limited to, a credit card reversal by the sender of the payment, and a reversal of the transaction because the sender of the payment was using a stolen credit card or unauthorized bank account. PayPal will seek to recover the funds from you by debiting your PayPal balance and, if there are not sufficient funds in your PayPal balance, PayPal reserves the right to collect your debt to PayPal by any other legal means. If you open a Premier or Business Account after October 11, 2001, you authorize PayPal to debit your bank account linked to that PayPal account for the amount that you owe PayPal on transactions which were not covered by the Seller Protection Policy and which were not recoverable from your PayPal balance.
PayPal reserves the right to ask a recipient of a payment for further authentication or other information in order for him or her to accept it. Users who receive more than $10,000.00 USD in payments during a single month may be required to provide PayPal with additional information in order to accept subsequent payments within the same month.
Refund. In the first sixty (60) days after a payment has been sent, the recipient has the option of refunding the payment by clicking on the “Refund” link on our website. If the transaction is refunded, all transaction fees will be refunded and the payment will be reversed.
U.S. Users. In order to withdraw funds that PayPal is holding in custody for you, you must confirm the email address that you registered by responding to a message that PayPal will send to that address when you have completed registration, and you must register a bank account or credit card with PayPal. New PayPal Users (who have been in the PayPal system for 120 days or less or who signed up for a PayPal account on or after November 14, 2002) are required to complete two out of three authentication steps (confirm bank account, enter Member Number, confirm Social Security Number) in order to withdraw more than $500.00 USD per month. Some accounts, at PayPal’s discretion, may have this limit even after 120 days. Some accounts, at PayPal’s discretion, may have lower limits until the authentication steps have been completed. Account limits, if any, can be viewed from the “View Limits” link on the Account Overview page.
You may withdraw funds by direct deposit into your bank account or by physical check. To cover the cost of processing checks, PayPal charges $1.50 USD per check withdrawal. If a check is not redeemed after 180 days from the date it was issued, the funds (minus the fee) will be returned to your PayPal account. Check withdrawals will not be sent to P.O. Box addresses. In addition, check withdrawals will only be sent to a Confirmed Address, unless you are Verified (as described in Section III.1 above), in which case you may choose any street address. If you would like a check withdrawal to an address that does not match these rules, you must contact Customer Service and produce appropriate documentation as determined by PayPal before a check will be sent to the requested address.
Non-U.S. Users. If you are a Non-U.S. User, may be asked to register a credit card with PayPal before accepting payments. If and when you have registered a credit card, the following rules apply to the withdrawal of any payments you receive through the Service.
All Non-U.S. Users who have a U.S. bank account and registered it with PayPal may withdraw funds from their PayPal balance to that bank account once they have added a credit card and completed their Membership by confirming their email address and entering their Member Number. Some Non-U.S. Users, at PayPal’s discretion, will have a a withdrawal limit of $500.00 USD per month before completing their PayPal memberships. Users in Australia, Canada, Denmark, Finland, France, Germany, Hong Kong, Japan, Mexico, the Netherlands, New Zealand, Norway, Singapore, Spain, Sweden and the United Kingdom who have become Non-U.S. Verified (by confirming their email address, adding a credit card, and completing their PayPal membership by successfully entering their Member Number) may register their local bank accounts with PayPal, and may then withdraw funds from their PayPal balance into their local bank accounts.
Non-U.S. Users outside of those countries who do not have a U.S. bank account will not be able to withdraw funds from the PayPal system, and should therefore accept payments only if they expect to spend those funds using PayPal. In order to accept payments, Non-U.S. Users outside those countries must set their Preferences by logging into their PayPal account.
Users in some countries may not use the Service to receive payments, and may only use the Service to send payments. These countries are designated on the PayPal International page.
Multiple Currencies. When you use electronic funds transfer, you can choose the currency balance from which you would like to withdraw the funds. If the currency of the PayPal balance from which you are withdrawing the funds differs from the currency of the bank account to which you are withdrawing the funds, currency conversion rates will apply. Before you complete the withdrawal, PayPal will display the current exchange rate.
No Surcharges. Under Visa, MasterCard, Discover and American Express regulations and the laws of several states, including California, merchants may not charge a fee to the buyer for accepting credit card payments (often called a “surcharge”). You agree that you will not impose a surcharge or any other fee for accepting PayPal as payment. This restriction does not prevent you from imposing a handling fee in connection with the sale of goods or services, as long as the handling fee does not operate as a surcharge (in other words, the handling fee for transactions paid through PayPal may not be higher than the handling fee for transactions paid through other payment methods). Nor does this restriction apply to Pound-denominated transactions by sellers residing in the United Kingdom listing items for sale on a UK-based website.
Use of PayPal Logos on eBay Auctions. In addition to the terms set out in Section V Part 5 of this User Agreement, when you display a logo on your eBay auction which contains the Visa, MasterCard, Discover and American Express logos, your PayPal account must accept payments made via credit card. You may edit your payment receiving preferences from your Profile.
Multiple Currencies. The Multiple Currencies feature allows you to maintain PayPal balances in any or all of the following currencies: U.S. Dollars, Canadian Dollars, Euros, Pounds Sterling, or Yen. If you already maintain a balance in the currency in which you receive a payment, that payment will be automatically credited to that currency balance. You do not need to maintain a balance in a particular currency to accept payments sent in that currency. If you hold a Personal PayPal account, every time you receive a payment in a currency in which you do not maintain a balance, you will be asked to manually accept or deny that payment. Before you accept a payment, PayPal will display the current exchange rate.
If you hold a Premier or Business PayPal account, your default preference when you receive a payment in a currency in which you do not maintain a balance is that you will be asked to manually accept or deny that payment. Before you accept a payment, PayPal will display the current exchange rate. If you would like, you may set up your Payment Receiving Preferences in your Profile to do one of the following:
Automatically accept the payment and open a PayPal balance in that currency.
Automatically accept the payment and convert it to the currency of your primary balance. Note: If you choose this option, the payment will be converted at the current exchange rate at that time.
Automatically deny payments received in a currency in which you do not already maintain a PayPal balance.
Continue to manually accept or deny payments received in a currency in which you do not already maintain a PayPal balance.
You can open and close currency balances, transfer funds between currency balances, and change your Primary Currency from the Manage Currencies section of your Profile. Your Primary Currency is the currency which you designate as your home currency (i.e. the currency in which the value of other currency balances will be expressed). Your Primary Currency will remain U.S. Dollars unless you choose to make it a different currency.
V. Rights, Obligations and Disclaimers of PayPal
Processing. PayPal shall make reasonable efforts to ensure that requests for electronic debits and credits involving bank accounts, credit cards, and check issuances are processed in a timely manner. However, a number of factors, several of which are outside of our control, will contribute to when the funds are received. We make no representations or warranties regarding the amount of time needed to complete processing, such as delays in the banking system or the U.S. or international mail service, nor shall we be liable for any actual or consequential damages arising from any claim of delay.
Closing Accounts and Limiting Account Access.
PayPal, at its sole discretion, reserves the right to close an account at any time for any reason, including but not limited to a violation of this Agreement, upon notice to the User and payment to the User of any unrestricted funds held in custody. PayPal, at its sole discretion, also reserves the right to periodically retrieve and review a business and / or consumer credit report for any account, and reserves the right to close an account based on information obtained during this credit review process.
PayPal, at its sole discretion, also reserves the right to limit access to sending money or making withdrawals from an account for any one of the events listed below. If the dispute covers only a specific transaction, we will only limit access to funds related to that particular transaction. If your account access has been limited, you will be notified by e-mail and requested to provide information relevant to your account. PayPal will investigate the matter promptly. If the investigation is in your favor, we will restore access to your account. If the investigation is not in your favor, PayPal may return funds to the sender and restore access to the remainder of your account, continue to limit your account access for up to 180 days as to funds necessary to protect PayPal against the risk of reversals, or may close your account by giving you notice and mailing a check for any funds in your account (minus funds that are in dispute) to the address that you have provided. If you are later determined to be entitled to the funds in dispute, PayPal will make an additional payment of those funds to you. Any of the following events may lead to your account being limited:
Reports of unauthorized or unusual credit card use associated with the account including, but not limited to, notice by the card issuing bank;
Reports of unauthorized or unusual bank account use associated with the account;
Complaints received regarding non-shipment of merchandise, non-delivery of services, merchandise not as described, or problems with merchandise shipped;
Initiation by a buyer of a reversal process through the buyer’s issuing bank without first pursuing the Buyer Complaint process described below;
Receipt of potentially fraudulent funds;
Excessive disputes or reversals, or attempts to “double dip” by receiving funds in a dispute both from PayPal and through a reversal or a refund from the seller;
Refusal to cooperate in an investigation or provide confirmation of identity when requested;
Initiation of transactions considered to be cash advances or assisting in cash advances;
Sending unsolicited email or posting referral links on websites where they are not permitted;
Opening multiple Personal accounts;
The account has been used in or to facilitate fraudulent activity;
Violations of this User Agreement;
Name on the bank account associated with the PayPal account does not match the name on the PayPal account;
Return of an incoming Electronic Funds Transfer for insufficient funds in the bank account, incorrect bank routing number, or incorrect bank account number;
Use of an anonymizing proxy;
Participating in prohibited transactions and activities, including but not limited to multi-level marketing programs, gifting clubs and other pyramid schemes, and listing items for sale that have a delayed delivery date of 20 days or more after the transaction list, and other activities that are prohibited in Part II of this Agreement;
Reports from credit agencies of a high level of risk;
Receipt by PayPal of excessive complaints regarding your account, business or service; and/or
Logging in from a country not included on PayPal’s permitted countries list.
PayPal will use reasonable efforts to investigate accounts that are subject to account access limitations and to reach a final decision on the limitations promptly.
Termination. PayPal, in its sole discretion, reserves the right to terminate this Agreement, access to its website, or access to the Service for any reason and at any time upon notice to you and payment to you of any unrestricted funds held in custody for you.
Trademarks. PayPal.com, PAYPAL and all related logos, products and services described in this website are either trademarks or registered trademarks of PayPal, Inc., or its licensors, and (aside from the circumstances described in “Use of Logos” below) may not be copied, imitated or used, in whole or in part, without the prior written permission of PayPal. In addition, all page headers, custom graphics, button icons, and scripts are service marks, trademarks, and/or trade dress of PayPal and may not be copied, imitated, or used, in whole or in part, without the prior written permission of PayPal.
Notwithstanding the above, HTML logos provided by PayPal through its Affiliate Program, Web Accept feature, or Auctions Tools features (“Logos”), may be used without prior written consent for the purpose of directing web traffic to the Service. These Logos may not be altered, modified, or changed in any way, or used in a manner that is disparaging to PayPal or the Service. Logos may not be displayed in any manner that implies sponsorship or endorsement by PayPal. PayPal is a payment service, and no partnership, joint venture, employee-employer or franchiser-franchisee relationship is intended or created by this Agreement.
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.
PayPal shall not be responsible for payments made to unintended Recipients or for payments made in incorrect amounts due to the input of incorrect information by Senders.
Verification of Users is only an indication of increased likelihood that a User’s identity is correct. PayPal shall not be responsible for any fraud, deception or misrepresentations by Users, whether or not the User is Verified. However, PayPal’s Buyer Complaint Program, described below, will seek to assist Users who may be the victims of fraud if they report the problem promptly.
PayPal shall not be obligated to pay a User for any Payments for which PayPal has not been fully paid by the Sender’s credit card issuer or bank, as applicable.
PayPal will not have any liability in connection with any unauthorized interception or use of data relating to you or the PayPal service; any inability by you to use or access the service or the PayPal website for any reason; any actions or transactions by an individual that uses your user name and password with your consent or knowledge; or any cause over which PayPal, Inc. does not have direct control, including problems attributable to computer hardware or software (including computer viruses), telephone or other communications, or internet service providers.
In no event shall PayPal be liable (A) for damages caused other than by intentional misconduct or (B) for any indirect, special, incidental, consequential or punitive damages whatsoever (including, but not limited to, damages for lost profits, disclosure of confidential information, or loss of privacy), arising out of or in any way related to your use of or inability to use the Service or the PayPal website, even if PayPal, Inc. has been advised of the possibility of such damages. In no event shall PayPal, Inc. be liable for any act or omission of any third party (such as, for example, any provider of telecommunications services, internet access or computer equipment or software) or any circumstances beyond our control (such as, for example, a fire, flood, or other natural disaster, war, riot, strike, act of civil or military authority, equipment failure, computer virus, or failure or interruption of electrical, telecommunications or other utility services).
PayPal reserves the right to require Users who receive payments through PayPal and operate with high reversal rates or otherwise present a relatively high risk of losses to choose between closure of their PayPal account or entering into an additional agreement addressing such risks, which may include higher fees.
Security Features. PayPal strongly suggests that you use a web browser with 128-bit encryption. For more information on security, please visit the Security Center. However, regardless of whether you use a web browser with security features, PayPal is unable to guarantee that data transmitted is secure and/or will not be intercepted by third parties.
Additional Disclaimers for the use of the Multiple Currencies feature. Maintaining balances in multiple currencies and sending and receiving payments in currencies that differ from your Primary Currency entails additional risks. These key risks include (although this is not a comprehensive list):
If you maintain a balance in a currency other than your Primary Currency, the value of these additional balances will fluctuate as exchange rates change, which over time may result in a significant decrease or increase in the value as measured by the Primary Currency. The value of your non-primary currency balances will be displayed in terms of your Primary Currency at the current exchange rates on the PayPal system. By opening a balance in a currency other than your Primary Currency, you acknowledge that it is your responsibility to monitor the fluctuations or exchange rates, and that any perceived loss from these fluctuations will be borne by the funds in your PayPal account, and are in no way the responsibility of PayPal.
When you initiate a transaction in which a currency conversion must take place (when you are sending a payment using Multiple Currencies, accepting a payment in a currency in which you do not maintain a PayPal balance, withdrawing funds from your PayPal account, or transferring funds between currency balances within your PayPal account), PayPal will display the exchange rate for the conversion. By completing the transaction, you agree to the exchange rate displayed. If the payment has to be returned or reversed at a later time, PayPal will re-convert the funds to the original currency, but will use the prevailing exchange rate at the time of the return or reversal.
In addition, if you hold a Premier or Business PayPal account and you set your Payment Receiving Preferences to take payments received in a currency in which you do not maintain PayPal balance and automatically accept and convert those funds to your Primary Currency, you are agreeing to use the prevailing exchange rate at the time of the conversion.
As long as you maintain an open balance in a specific currency, all payments received in that currency will automatically be credited to that PayPal balance.
In the event that one of the currency balances in your PayPal account becomes negative, PayPal retains the right to offset the negative balance using funds maintained in a different currency balance.
PayPal may use funds held in any currency balance to recover amounts owed to PayPal due to chargebacks or for any other reason. In addition, funds from payments received will first be diverted to make up any negative currency balance regardless of your Payment Receiving Preferences. PayPal will forcibly convert all negative balances to the U.S. Dollar balance after the account has maintained a negative balance for 21 consecutive days. The above referenced negative balance does not include negative balances which result from a pending reversal where PayPal has yet to conclude its investigation of the situation.
If one of the currency balances in your PayPal account becomes negative, PayPal will divert funds from any withdrawals you make (whether you withdraw by check, electronic funds transfer, or your PayPal Debit Card) to make up the negative balance before allowing you to withdraw the funds.
The Multiple Currencies feature is designed to facilitate online payments. You agree not to attempt to use the Multiple Currencies for speculative trading. Because the exchange rates that you will be assessed for currency conversion include PayPal’s conversion and risk fee, any attempt to use the product for exchange trading will, in all likelihood, result in losses.
VI. Electronic Fund Transfer Rights and Error Resolution
It is very important that you contact us at once if you believe your user ID or password has been compromised, or if someone has transferred or may transfer money from your account without your permission. Under applicable banking regulations, the extent of your liability for an unauthorized transaction is largely determined by your promptness in notifying us or your bank if someone has gained access to your password, or if a transfer or withdrawal in your monthly statement is incorrect or unauthorized. Notifying us quickly limits your liability:
You can inspect your transaction history at any time by logging in to your account on the PayPal website. If your transaction history shows electronic funds transfers that you did not make or authorize, notify us at once. If you notify us within two business days after you learn that your password or other means to access your account may have become known by an unauthorized person, you can lose no more than $1.95 USD if an unauthorized person uses your password or other means to access your account without your permission to initiate a transaction. If you do not notify us within two business days, and we can prove that we could have stopped someone from using your password or other means to access your account without your permission if you had told us, you could be liable for as much as $500.00 USD, or more if you do not notify us within 60 days. If you do not notify us within 60 days after the transaction date, you may not recover any money you lose after the 60 days if we can prove that we could have stopped someone from taking the money if you had notified us in time. If a good reason (such as a long trip or hospital stay) kept you from notifying us, we may extend the time periods.
In case of unauthorized transactions, payment problems, errors or questions about your account, you should notify PayPal immediately. Contact us using this contact form, write PayPal, P.O. Box 45950, Omaha, NE 68145-0950, United States, or telephone Customer Service at 402-935-7733 as soon as you can if you think your statement is wrong or if you need more information about a transfer shown on the statement. You must: 1) Tell us your name and primary email address; 2) Describe the error or the transaction you are unsure about, and explain as clearly as you can why you believe it is an error or why you need more information; and, 3) Tell us the dollar amount of the suspected error. If you tell us by telephone, we may require that you send your complaint in writing within ten (10) business days. We will tell you the results of our investigation within ten (10) business days after we hear from you, and will correct any error promptly. If we need more time, however, we may take up to forty-five (45) business days to investigate the complaint or question. If we decide to do this, we will provisionally credit your transaction account within ten (10) business days for the amount you think is in error, so that you may have the use of the money during the time it takes us to complete our investigation. If we ask you to put your complaint or question in writing and we do not receive the signed writing from you within ten (10) business days, we may not provisionally credit your transaction account. If we determine there was no error, we will mail you a written explanation within three (3) business days after we finish the investigation. You may ask for copies of documents that we used in our investigation. We may revoke any provisional credit provided to you if we find that an error did not occur.
While the PayPal service is available 7 days a week, for purposes of this disclosure, our business days are Monday through Friday except legal holidays.
Periodic statements. You may review your transaction history anytime by logging into your account. Each time you complete a payment, PayPal will send you an e-mail receipt with a reminder to check your account history. If you have not performed any transactions in 90 days, we will provide a reminder to check your account history.
Preauthorized payments. If you have told us in advance to make regular payments out of your account, you can stop any of these payments. To do so, you must log into your account and cancel any subscription payment before the scheduled payment date.
VII. Consumer Protection Programs
In general. PayPal’s consumer protection programs, consisting of a Buyer Complaint Policy and a Seller Protection Policy as defined below, are designed to try to help buyers recover funds from sellers who do not ship the promised goods, and to reduce the risk of reversals for sellers who follow specified risk-reduction procedures. The Seller Protection Policy is also designed in part to reduce fraud by encouraging users of the PayPal service to become Verified, as described above. Verification, in conjunction with our other proprietary authentication methods, lowers our company’s financial risk and allows us to provide the consumer protection policies listed below. Please note: PayPal’s consumer protection programs only apply to tangible, physical goods which can be shipped, and excludes everything else, including but not limited to: intangibles, services, quasi-cash and all non-tangible, non-physical goods.
Buyer Complaint Policy
General. If you pay a seller who does not ship the promised goods, you should first contact the seller and attempt to resolve the dispute. If you are unable to resolve the dispute in this manner, you should then file a Buyer Complaint Form with PayPal as soon as possible. The Buyer Complaint Form may be found by going to the “Resolution Center” link in the header of the Account Overview page.
PayPal will investigate your claim, contact the seller and, if the seller does not present appropriate proof of shipment, a full refund or other evidence of a satisfactory resolution, PayPal will seek to collect the amount you paid from the seller. PayPal may also limit the seller’s access to his or her PayPal account. You will be entitled to the return of any and all funds PayPal is able to collect from the seller for funds received by PayPal prior to the seller’s account status having been changed to limited access. RECOVERY OF YOUR CLAIM IS NOT GUARANTEED.
Complaints must be filed no later than 30 days from the date of payment. Only one Complaint may be filed per PayPal transaction. PayPal will seek to resolve the complaint within 30 days of the date the complaint is filed, though such time frame may be extended, if appropriate, to accommodate the investigation. This policy applies only to the sale of tangible, physical goods and excludes all other sales and services, pursuant to section 1 above.
Additional Protection for eBay Auctions. For purchases made on eBay using PayPal, PayPal offers additional protection to domestic Users who pay a Verified seller but do not receive their goods. This additional protection is not available for Non-U.S. Users. If PayPal is unable to recover all of your funds through our investigation of a qualifying dispute, you may file a claim under eBay’s Insurance Claims process (an “eBay Claim”). If your eBay Claim is granted but does not cover the full amount of your loss, PayPal will reimburse you for up to $200.00 USD of additional losses, whether or not PayPal is able to recover such funds from the seller.
In order to receive this additional protection, you must file a Buyer Complaint Form with PayPal no more than 30 days after the eBay transaction, following the same process outlined in (i) above. You may file your eBay Claim at any time, but eBay is likely to