PayPal Here Terms and Conditions

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PayPal Here Terms and Conditions


Last Update: 31 October 2020


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These PayPal Here Terms and Conditions (“PayPal Here Terms”) is a contract between you and PayPal Hong Kong Limited (“PayPal”) and applies to your use of the PayPal Services to accept PayPal payments, credit/debit cards into your PayPal Account using the PayPal Here swipe device(s) and software (“PayPal Here”). You must read, agree with and accept all the terms and conditions contained in the PayPal Here Terms. By using PayPal Here, you acknowledge that you have agreed to these PayPal Here Terms. Capitalised terms that are not otherwise defined in the PayPal Here Terms are defined in the PayPal User Agreement.

These PayPal Here Terms, with the PayPal User Agreement and any other agreement in which you have entered into with PayPal apply to your use of PayPal Here. The definition of PayPal Services under the PayPal User Agreement shall be amended to include PayPal Here. If any inconsistency exists between the terms of the PayPal User Agreement and these PayPal Here Terms, these PayPal Here Terms shall control your use of PayPal Here. Any translation of the PayPal Here Terms is provided solely for your convenience and is not intended to modify the terms of these PayPal Here Terms. In the event of a conflict between the English version of the PayPal Terms and a version in a language other than English, the English version shall apply. We may amend these PayPal Here Terms by giving notice of such change by posting a revised version on the PayPal website(s). The revised version will be effective at the time we post it. In addition, if the revised version includes a Substantial Change, we will provide you with 30 Days' prior notice of the Substantial Change by posting a notice on the "Policy Updates" page of our website. If you would like to receive notification by email of new Policy Updates then you may do so by changing your notification preferences in your Account Profile. If you do not agree with any Substantial Change then you may terminate your use of PayPal Here at any time.

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1. Product Description.

PayPal Here allows you to accept payments into your PayPal Account using PayPal payments and credit/debit cards. It also allows you to do your record keeping, including for cash transactions. You will be required to agree to various terms applicable to your use of the PayPal Here app as well as provide certain personal information necessary to register you for a PayPal Here account. You must have a Business Account or a Premier Account in good standing and be approved by PayPal in order to use PayPal Here. If you do not have a Business Account or a Premier Account prior to signing up for PayPal Here, you will be automatically upgraded to one as part of the sign up process.

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2. Getting, Using and Replacing your PayPal Here device.

Once you have been approved for PayPal Here, the PayPal Here device will be mailed to you at an address selected by you. If you have multiple addresses, you can select the address to which you would like the device mailed. If your device(s) do not work, you may request a new one by contacting us. We may limit the number of devices you can receive at any time, including the number of replacement devices you may ever receive.

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3. Multiple Devices and Authorized Users.

If you have a Business Account, you may authorise other eligible users to use PayPal Here devices that have been linked to your PayPal Account. In order to authorise such use, you will have to personally request the additional devices that you require. If you are requesting multiple devices, you can request that different devices be mailed to different addresses. You will also have to register each of these authorised users with PayPal and create a password for each user to be able log in (with limited access) to your PayPal Account. You can only register authorised users that are 18 years or older. Authorised users will not have access to the underlying account information associated with your account. Your authorised users will not have access to your PayPal Account other than to load funds into the PayPal Account for payments received via PayPal Here. Similarly, authorised users will not be able to withdraw funds from your PayPal Account using the credentials you have set up for them. It is your responsibility to ensure that your authorised users comply with these terms and conditions in connection with their use of PayPal Here. Prior to issuing a device to any authorised user, we may have to perform screening in accordance with PayPal onboarding policies. In order to assist us in this screening, you agree to provide us with legitimate and accurate information regarding the identity of all authorised users as requested by us. We reserve the right to deny anyone access to PayPal Here. You are at all times liable for the actions or omissions of your authorised users and that you will indemnify and hold PayPal harmless from the actions or inactions of your authorised users in connection with their use of PayPal Here.

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4. Using PayPal Here.

You are required to use the PayPal Here device/ s only in the country in which they were issued. You are required to obtain a customer signature on all credit/debit card transactions. Customers may elect to receive an electronic sales record via email or SMS (where available). You agree that any transaction that you submit through PayPal Here shall have an accurate and true description of the goods and services being purchased. You also agree to comply with any instructions provided to you along with your PayPal Here device.

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5. Mobile Compatibility.

PayPal Here permits you to accept card transactions on a compatible mobile device. PayPal does not warrant that PayPal Here will be compatible with your mobile device. If your device is modified contrary to the manufacturer’s software or hardware guidelines then you may not use a modified device to use PayPal Here.

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6. Pricing.

In consideration of PayPal providing PayPal Here to you, you agree to pay the fees in the amount and manner set out in a fees schedule provided to you during the application process.

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7. Data Protection; Data Portability

The PayPal Privacy Policy applies to your use of PayPal Here. The protection of your information is important to PayPal. Likewise, information you receive from us about your customers and other users must be kept confidential, stored securely and only used for purposes related to PayPal Here and as agreed to in the PayPal Privacy Policy. As a reminder, information you receive may not be used to send unsolicited email or SMS messages (where available) to a user without the user’s express consent.

You (as a “Merchant”) and we agree to comply with the data protection addendum found here, which forms part of this Agreement. The terms of the data protection addendum prevail over any conflicting terms in this Agreement relating to data protection and privacy.

Upon any termination or expiry of this Agreement, PayPal agrees, upon written request from Merchant, to provide Merchant’s new acquiring bank or payment service provider (“Data Recipient”) with any available credit card information including personal data relating to Merchant’s Customers (“Card Information”). In order to do so, Merchant must provide PayPal with all requested information including proof that the Data Recipient is in compliance with the Association PCI-DSS Requirements and is level 1 PCI compliant. PayPal agrees to transfer the Card Information to the Data Recipient so long as the following applies: (a) Merchant provides PayPal with proof that the Data Recipient is in compliance with the Association PCI-DSS Requirements (Level 1 PCI compliant) by providing PayPal a certificate or report on compliance with the Association PCI-DSS Requirements from a qualified provider and any other information reasonably requested by PayPal; (b) the transfer of such Card Information is compliant with the latest version of the Association PCI-DSS Requirements; and (c) the transfer of such Card Information is allowed under the applicable Association Rules, and any applicable laws, rules or regulations (including data protection laws).

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8. Credit Report.

You agree to allow PayPal to obtain from a third party your credit history and financial information about your ability to perform your obligations under these PayPal Here Terms in the manner set out in the PayPal Privacy Policy. PayPal will review your credit and other risk factors of your PayPal Account (reversals and chargebacks, customer complaints, claims etc.) on an ongoing basis. PayPal will store, use and disclose the information obtained in conformity with PayPal’s Privacy Policy. If PayPal considers it relevant to assessing you application for commercial credit, you agree to PayPal obtaining from a credit reporting agency a credit report containing personal credit information about you in relation to commercial credit provided by PayPal.

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9. License Grant.

PayPal grants you a personal, limited, non-exclusive, revocable, non-transferable license, without the right to sublicense, to electronically access and use PayPal Here solely to accept and receive payments and to manage the funds you so receive. PayPal Here includes our website, any software, programs, documentation, tools, internet-based services, components, and any updates (including software maintenance, service information, help content, bug fixes or maintenance releases) thereto provided to you by PayPal. You will be entitled to download updates to PayPal Here service, subject to any additional terms made known to you at that time, when PayPal makes these updates available.

While we want you to enjoy PayPal Here, you may not, nor may you permit any third party to do any of the following: (i) access or monitor any material or information on any PayPal system using any manual process or robot, spider, scraper, or other automated means; (ii) copy, reproduce, alter, modify, create derivative works, publicly display, republish, upload, post, transmit, resell or distribute in any way material or information from PayPal; (iii) permit any third party to use and benefit from PayPal Here via a rental, lease, timesharing, service bureau or other arrangement; (iv) transfer any rights granted to you under these PayPal Here Terms; (v) violate the restrictions in any robot exclusion headers on PayPal Here , work around, bypass, or circumvent any of the technical limitations of PayPal Here, use any tool to enable features or functionalities that are otherwise disabled in PayPal Here, or decompile, disassemble or otherwise reverse engineer the PayPal Here software or hardware, except to the extent that such restriction is expressly prohibited by law; (vi) perform or attempt to perform any actions that would interfere with the proper working of PayPal Here , prevent access to or use of PayPal Here by our other users, or impose an unreasonable or disproportionately large load on our infrastructure; or (vii) otherwise use PayPal Here except as expressly allowed under this section.

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10. Ownership.

PayPal Here is licensed and not sold. PayPal reserves all rights not expressly granted to you in these PayPal Here Terms. PayPal Here is protected by copyright, trade secret and other intellectual property laws. PayPal owns the title, copyright and other worldwide Intellectual Property Rights (as defined below) in the Service and all copies of PayPal Here. These PayPal Here Terms do not grant you any rights to PayPal’s trademarks or service marks.

For the purposes of these PayPal Here Terms, “Intellectual Property Rights” means all patent rights, copyright rights, mask work rights, moral rights, rights of publicity, trademark, trade dress and service mark rights, goodwill, trade secret rights and other intellectual property rights as may now exist or hereafter come into existence, and all applications therefore and registrations, renewals and extensions thereof, under the laws of any jurisdiction.

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11. Prohibited Goods and Services.

As a reminder, you may not use PayPal in violation of the Acceptable Use Policy.