PayPal User Agreement
The following applies to Users with their registered address in Ireland
PayPal Pools Terms & Conditions
By creating a PayPal Pool (“pool(s)” or “Pools Program”), you agree to these terms and conditions (“Terms”). The User Agreement is incorporated by reference into these Terms. As much as possible, the Terms and the User Agreement should be interpreted as a consistent whole. Where expressly superseded or where a conflict cannot be reconciled, these Terms take precedence over the User Agreement to the extent of the conflict. The Pools Progam should be used only with a PayPal Personal Account and not a Business Account.
The Pools Program allows you to collect money from friends for a specific purpose, like giving a group gift to someone, buying tickets for an event, or sharing expenses for a planned trip. When you collect funds through a Pool, the funds will be held in your PayPal Account (“Account”) in a separate e-money Balance which is a Reserve Account portion of your Account under the User Agreement and needs to be treated separately by you. The funds in this separate e-money Balance must be first transferred to the Payment Account portion of your Paypal Account (in all cases only only for the stated purposes of the Pool) to complete transactions, to be used to pay for purchases or to be withdrawn to a linked bank account. It is your responsibility to keep the funds separate and only to use the funds for the specific purpose of the Pool.
For each Pool, you’ll create a unique webpage (“Pool Page”) where you can name your Pool, post a description and/or image, display contributors, and display and follow the progress toward your pool’s goal amount. You may send a note to contributors to thank them for contributing to your pool, or to update them on the Pool Goal’s progress or completion. PayPal reserves the right to restrict these funds in the event they are not used for their intended purpose in accordance with section 4.2 and section 10 of the User Agreement and/or Acceptable Use Policy.
If your PayPal Account goes negative, and you have funds which have been, will be or are being paid into your separate e-money Balance because of one or more Pools, PayPal reserves the right to set off your negative balance by drawing upon your pool funds up to the amount that you owe, and/or by exercising any of PayPal’s set off rights pursuant to the User Agreement.
Your rights and obligations as a contributor to or beneficiary of a Pool
All contributions of funds to a Pool are done at the contributor’s own risk and PayPal bears no liability whatsoever in this regard. If the funds contributed are not used for the stated purpose, the contributor’s only recourse is against the person who created the Pool. PayPal will not monitor the use of the funds is in accordance with the stated use. PayPal has no liability whatsoever towards any beneficiary of the Pool.
Limitations and Prohibited Uses
The Pools Program is not a separate PayPal account and it is not a bank account, collective investment, investment or savings account. You will not earn interest on funds you collect for a pool. Pools are intended for short-term use, and are not meant to be used for long-term or indefinite holding of funds. You may not use pools for any activity or purpose prohibited by PayPal’s Acceptable Use Policy.
You may not use Pools for crowdfunding or for the sale of goods or services. You may not offer any incentive, return, interest, benefit, “rewards” or “perks” in return for a contribution to your Pool. Contributions made to a pool are considered e-money personal payments and are not eligible for PayPal Buyer Protection. You may not use Pools for marketing or promotional purposes.
You may not use Pools funds for purposes other than the stated purpose of your Pool as listed on your Pool Page. If we determine, in our sole discretion, that you are using the Pools Program for any purpose not permitted under these terms, PayPal reserves the right to limit, restrict, or close your account pursuant to section 4.2 or section 10 of the User Agreement. PayPal is, however, under no obligation, to monitor the use of the funds collected in the Pool and will incur no liability whatsoever if the funds are not used as required by the stated purposes of the Pool. PayPal is not liable and assumes no rights, title or obligations in relation to the funds collected in the pool which are personal payments received by You from your contributors. Any disputes with contributors in relation to the Pool or your use of the funds in the Pool are Your responsibility and no right, title or interest arises in the funds by the contributors who make the personal payment at their risk.
Pools is not undertaking any of the prescribed actions in Section 41 of the of the Charities Act 2009 (including, but not limited to, Section 41(1)(a) and (b)) and it remains Your responsibility to ensure that your use of Pools complies with all local laws relating to fundraising, including applicable charity laws.
Sharing Personal Information
When setting up a Pool, your name, PayPal profile photo, and the total amount you have collected may be displayed on your pool page, in addition to any cover image and/or pool description that you add when creating or modifying your Pool. You also have the option of including the names, profile photos, and contribution amounts of other individuals who contribute on your Pool (“Contributor Information”). Each contributor will be able to choose whether or not his or her information will appear on your Pool Page if you choose to display contributor information on your page.
Termination of Pools Program
PayPal has the right, at any time and in its sole discretion, and with reasonable prior notice, to terminate, cancel, suspend or modify the Pools Program or modify these Terms with reasonable prior notice. In the event the Pools Program is terminated, we will maintain existing Pools.