User Agreement for PayPal Service

Last Update: Oct 18, 2013

This Agreement contains seventeen sections. You may jump directly to any section by selecting the appropriate link below. The headings and subheadings below are for reference only and do not limit the scope of each section.  Underlined words in this Agreement and on our website hyperlink to relevant information.

Consumer advisory - The PayPal payment service is regarded as a stored value facility under Singapore law.

PayPal Pte. Ltd., the Holder of the PayPal stored value facility, does not require the approval of the Monetary Authority of Singapore. Consumers (users) are advised to read these terms and conditions carefully.

This User Agreement ("Agreement") is a contract between you and PayPal Pte. Ltd. and applies to your use of the PayPal payment service and any related products and services available through PayPal’s websites located at any URL such as: www.paypal.com, www.paypal.ch, www.PayPal.com.sg, www.paypal.com.hk, www.paypal.com.mx etc. (collectively the "Service"). In the event of discrepancies between the German and the English version of this Agreement, the English version shall prevail. If you do not agree to be bound by the terms and conditions of this Agreement, please do not use or access our Services.

You must read, agree with, and accept all of the terms and conditions contained in this Agreement and the Privacy Policy, which include those terms and conditions expressly set out below and those incorporated by reference, before you may become a member of PayPal. We strongly recommend that, as you read this Agreement, you also access and read the information contained in the other pages and websites referred to in this document, as they may contain further terms and conditions that apply to you as a PayPal user. Please note: underlined words and phrases are links to these pages and websites. By accepting this Agreement, you also agree that your use of other PayPal websites and Services will be governed by the terms and conditions posted on those websites.

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 (including PayPal Pte. Ltd. and PayPal Asset Management Inc.). 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.

We may amend this Agreement at any time by posting a revised version on our website. 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 by posting notice of the change on the "Policy Updates" page of our website. After this 30 days notice, you will be considered as having expressly consented to all amendments to this Agreement.

All future changes of this User Agreement set out in the Policy Update already published on the "Legal Agreements" landing page of the PayPal website at the time you register for the Services are incorporated by reference into this Agreement and will take effect as specified in that Policy Update.

1. Eligibility.

You may sign up with PayPal in Switzerland if you are a resident of Switzerland or you are a company with a registered seat in Switzerland. In order to use the Service, you must register for a Premier or Business Account. Users may only hold one Premier or one Business Account. Our Services are only available to individuals acting in an individual capacity; you may not act as an agent for another person nor open a PayPal account for another person (no beneficial ownership is permitted). You may open a Business Account, but PayPal may require additional information from you to verify your ability to act on behalf of such business. You must be able to form legally binding contracts under applicable law. Without limiting the foregoing, our Service is not available to all individuals and businesses and PayPal reserves the right to deny access to the PayPal Service to any individual or business for any reason or no reason at all. PayPal is not available to minors (in Switzerland those under 18), persons who are suspended from our Service, or to persons who present an unacceptable level of risk.

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2. The Legal Relationship between You and PayPal.

2.1 User Relationship. PayPal acts as a facilitator to help customers accept payments and to help customers make payments. PayPal has independent relationships with the sender and the receiver of payments. We act based upon your direction and your requests to use our Services that require us to perform tasks on your behalf. 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 carry a balance in your PayPal account in order to use the Service, except in certain circumstances where PayPal reasonably determines your account poses a risk. PayPal will pool your funds together with funds from other Users, and will place those funds in accounts at one or more financial institutions ("Pooled Accounts").

You agree that you will not receive interest or other earnings on the funds you may keep in your PayPal Account. PayPal may earn interest on those funds, or may receive a reduction in fees or expenses charged for banking services by the banks that hold your funds.

By initiating and making payments through the Service or, where available, adding funds to your balance, you authorize PayPal to charge your credit/debit card or to instruct your financial institution to obtain the funds on your behalf, or accept funds on your behalf, and to send the funds to the recipient that you designate or into PayPal's Pooled Account, subject to the terms and restrictions of this Agreement. When you initiate a payment, PayPal will offset funds from the Pooled Account for your benefit to the recipient. When you make a payment, until that payment clears our risk checks and is accepted by the recipient (which may occur instantly or take a few days), you remain the owner of those funds and PayPal holds those funds for your benefit and on your behalf, but you will not be able to withdraw those funds or send the funds to any other recipient unless you cancel the initial transaction.
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 or send 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.

2.2 PayPal is only a Payment Service Provider. PayPal acts as a payment service provider by creating, hosting, maintaining and providing our Service to you via the Internet. The PayPal Service may not be used solely for the purpose of transferring money from one individual to another without an underlying transaction for the sale of goods or services. PayPal is not a remittance business.
We do not have any control over, and are not responsible or liable for, the products or services that are paid for with our Service. We cannot ensure that a buyer or a seller you are dealing with will actually complete the transaction.

PayPal is not a common carrier or public utility.

2.3 Identity Authentication. We use many techniques to identify our users when they register on our site. Verification of Users is only an indication of increased likelihood that a User's identity is correct. You authorize PayPal, directly or through third parties, to make any inquiries we consider necessary to validate your identity and registration. This may include requiring you to provide PayPal with fax or scanned documentation such as a government issued identification card, address verification documentation, ordering a credit report and performing other credit checks or verifying the information you provide against third party databases. However, because user verification on the Internet is difficult, PayPal cannot and does not guarantee any user's identity.

2.4 Licence grant. If you, as a merchant, are using PayPal software such as an API, developer’s toolkit or other software application that you have downloaded to your computer, device, or other platform then PayPal and its licensors grant you a limited nonexclusive license to use PayPal’s software in accordance with the documentation, including all updates, upgrades, new versions and replacement software, as described herein for your personal use only. You may not rent, lease or otherwise transfer your rights in the software to a third party. You must comply with the implementation and use requirements contained in all PayPal documentation, together with any instructions provided by us from time to time accompanying the Services (including, without limitation, any implementation and use requirements we impose on you to comply with applicable laws and card scheme rules and regulations). If you do not comply with PayPal’s instructions, implementation and use requirements you will be liable for all resulting damages suffered by you, PayPal and third parties. You agree not to alter, reproduce, adapt, distribute, display, publish, reverse engineer, translate, disassemble, decompile or otherwise attempt to create any source code which is derived from the software. You acknowledge that all rights, title and interest to PayPal’s software are owned by PayPal. Any third party software application you use on the PayPal website is subject to the license you agreed to with the third party that provides you with this software. PayPal does not own, control nor have any responsibility or liability for any third party software application you elect to use on the PayPal website and/or in connection with the PayPal Services. If you are using the PayPal services on the PayPal website, or other website or platform hosted by PayPal, or a third party, and are not downloading PayPal’s software or using third party software applications on the PayPal website, then this section does not apply to your use of the hosted PayPal services.

2.5 Third Party Permissions. If you grant express permission to a third party to take specific actions on your behalf or access particular information about your Account either through your use of the third party’s product or service, or in the API Access, Manage API Permissions section of your Profile, you acknowledge that PayPal may disclose the information about your PayPal Account to this third party that is specifically authorized by you. You also acknowledge that granting permission to a third party to take specific actions on your behalf does not relieve you of any of your responsibilities under this Agreement. Further you acknowledge and agree that you will not hold PayPal responsible for, and will indemnify PayPal from, any liability arising from the actions or inactions of this third party in connection with the permissions you grant. You may change or remove these permissions at any time by logging into your Account, choosing the Profile subtab under the My Account tab, and selecting API Access, then Manage API Permissions.

2.6 Release. In the event that you have a dispute with one or more users, you release PayPal (and our officers, directors, agents, subsidiaries, joint ventures and employees) from any and all claims, demands and damages (actual and consequential) of every kind and nature arising out of or in any way connected with such disputes.

2.7 No Warranty. WE, OUR PARENT, SUBSIDIARIES, EMPLOYEES AND OUR SUPPLIERS PROVIDE OUR SERVICES "AS IS" AND WITHOUT ANY WARRANTY OR CONDITION, EXPRESS, IMPLIED OR STATUTORY. WE, OUR PARENT, SUBSIDIARIES, EMPLOYEES AND OUR SUPPLIERS SPECIFICALLY DISCLAIM ANY IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. 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 and but we make no representations or warranties regarding the amount of time needed to complete processing because our Service is largely dependent upon many factors outside of our control, such as delays in the banking system or the Singapore or international mail service. Some countries do not allow the disclaimer of implied warranties, so the foregoing disclaimer may not apply to you. This warranty gives you specific legal rights and you may also have other legal rights that vary from state to state.

2.8 Limitation of Liability. EXCEPT IN THE CASE OF DEATH OR PERSONAL INJURY RESULTING FROM NEGLIGENCE, IN NO EVENT SHALL WE, OUR PARENT, SUBSIDIARIES, EMPLOYEES OR OUR SUPPLIERS BE LIABLE FOR LOST PROFITS OR ANY SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN CONNECTION WITH OUR WEBSITE, OUR SERVICE, OR THIS AGREEMENT (HOWEVER ARISING, INCLUDING NEGLIGENCE). Some jurisdictions do not allow the exclusion or limitation of incidental or consequential damages so the above limitation or exclusion may not apply to you.

EXCEPT IN THE CASE OF DEATH OR PERSONAL INJURY RESULTING FROM NEGLIGENCE, OUR LIABILITY, AND THE LIABILITY OF OUR PARENT, SUBSIDIARIES, EMPLOYEES AND SUPPLIERS, TO YOU OR ANY THIRD PARTIES IN ANY CIRCUMSTANCE IS LIMITED TO THE ACTUAL AMOUNT OF DIRECT DAMAGES.

2.9 Indemnification. You agree to indemnify and hold PayPal, its parent, subsidiaries, affiliates, officers, directors and employees harmless from any claim or demand (including lawyers’ fees) made or incurred by any third party due to or arising out of your breach of this Agreement or the documents it incorporates by reference, or your violation of any law or the rights of a third party relating to your use of the Service.

2.10 Liability for Violations of the Acceptable Use Policy. If you engage in the following behavior, PayPal may suspend or restrict your access to the Services, hold your funds up to 180 Days and fine you, as explained below.
  1. Using the PayPal service to receive payments for any sexually oriented or obscene materials or services in violation of the Acceptable Use Policy.
  2. Using the PayPal service to receive payments for any narcotics, other controlled substances, steroids or prescription drugs in violation of the Acceptable Use Policy.
  3. Using the PayPal service to receive payments for wagers, gambling debts or gambling winnings, regardless of the location or type of gambling activity in violation of the Acceptable Use Policy.
  4. Using the PayPal service to receive payments for tobacco products in violation of the Acceptable Use Policy.

You and PayPal agree that the damages that PayPal will sustain as a result of the behavior outlined above will be substantial, including (without limitation) fines and other related expenses from its payment processors and service providers, but may be extremely difficult and impracticable to ascertain. In the event that you engage in such activities, then PayPal may fine you up to $2'500.00 USD for each such violation and/or PayPal may take legal action against you to recover losses that are in excess of the amount fined. You acknowledge and agree that a fine up to $2'500.00 USD is presently a reasonable and genuine minimum estimate of PayPal's damages, considering all currently existing circumstances, including (without limitation) the relationship of the sum to the range of harm to PayPal that reasonably could be anticipated and the anticipation that proof of actual damages may be impractical or extremely difficult. You agree that PayPal is entitled to deduct such amounts directly from any existing balance in the offending account, or any other PayPal account owned by you.

If you use the PayPal service in a manner that violates this Agreement, the documents incorporated by reference into this Agreement or the Acceptable Use Policy, including but not limited to the four categories described above, your account will be subject to limitation or immediate termination, as stated in Section 10 below, and PayPal reserves the right to report you to law enforcement officials.

You further understand that, if you use the PayPal service in a manner that violates the Acceptable Use Policy, including but not limited to the four categories described above, PayPal may incur substantial liability and/or suffer significant damages, including (without limitation) fines and other related expenses from its payment processors and service providers. By selling goods or services (including access to content) in contravention of the Acceptable Use Policy or the Restricted Activities section of this Agreement (currently Section 10.3), you acknowledge liability to PayPal for any and all damages suffered by PayPal. Without limiting the foregoing, you agree to reimburse PayPal for any and all costs, expenses, and fines levied on PayPal by third parties such as its payment processors and/or service providers as a result of your activities.

You agree that, if either you or PayPal commence litigation or arbitration in connection with this paragraph, the prevailing party is entitled to recover reasonable lawyers’ fees and any other costs incurred in such proceeding in addition to any other relief to which the prevailing party may be entitled.

2.11 Liability for reversals. Payments received in your Account may be reversed at a later time, for example, if a payment is subject to a credit card chargeback, Reversal, Buyer Protection Claim or is otherwise invalidated. This means that a payment may be reversed from your PayPal Account after you have provided the sender the goods or services that were purchased. For details please refer to Section 10 of this Agreement.

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3. Sending and Receiving Payments.

3.1 Sending PayPal Payments.

3.1.1 Sending Limits. We may, at our discretion, impose limits on the amount of payments you can send through the PayPal Services. Once you reach your sending limit, you will be required to link and confirm your credit card or to verify your Account before using PayPal to send any more payments. You can view your sending limit, if any, by logging into your Account and clicking on the View Limits link on the Account Overview page. If you have a Verified Account, we may increase your sending limits.

"Verified Account" means an Account status that reflects that PayPal has verified that an Account holder has legal control of one or more of his or her payment methods. A Verified Account status does not constitute an endorsement of a User or a guarantee of a User's business practices.

3.1.2 Default Payment Method. When you make a payment, if you have not selected a Preferred Payment Method, PayPal will fund your transaction in this order (subject to availability based):

  1. Balance

  2. Credit card

  3. Electronic Transfer

Note:

If you do not want to use your balance, you must withdraw it before making a payment.

3.1.3 Preferred Payment Method. You may select a Preferred Payment Method each time you make a payment, except for a Preapproved Payment.

For a Preapproved Payment, you can select a Preferred Payment Method when you provide your initial authorization for this payment and also later through the My Preapproved Payments section of your Account Profile.

If you select a Preferred Payment Method but have available balance in your Account, your balance will be used to fund your payment. PayPal may limit the Payment Methods available for a transaction.

3.1.4 Refused and Refunded Payments. When you send a payment, the recipient is not required to accept it. Any unclaimed, refunded or denied payment will be returned to your balance or to your original Payment Method. We will return any unclaimed payment to you within 30 Days of the date you initiated the payment.

3.1.5 Merchant Processing Delay. When you send a payment to certain merchants, you are providing an authorisation to the merchant to process your payment and complete the transaction at a later time. For instance, this may be the case if the total payment amount has not yet been defined at the time of purchase. In such case you authorize the merchant to adjust the total payment amount up to a certain level as agreed with you previously (for example, when total material costs were unknown at the time of purchase). Your authorisation will remain valid typically for up to 30 days. In this case you authorize PayPal to complete the payment up to the maximum amount as agreed with the merchant. PayPal shall not be held liable for verifying the information provided by the merchant.

If you have a balance in your PayPal account at the time when you initiate the payment order to PayPal, we shall hold the amount in your Reserve Account. The payment will display as "Held" in your PayPal account until the merchant processes the transaction. If your payment requires a currency conversion by us, the exchange rate will be determined at the time the merchant processes your payment and completes the transaction.

3.1.6 Preapproved Payments. A Preapproved Payment is a payment in which you authorize a merchant or another third party recipient to directly charge your Account on a one-time, regular, or sporadic basis. Preapproved Payments are sometimes called "subscriptions", "recurring payments”, “preauthorized transfers” or "automatic payments". In this case you authorise and instruct PayPal to pay the third party (or another person they direct) amounts from your PayPal Account. This applies as long as you do not terminate this authorization agreement. You agree that PayPal is not obligated to verify or confirm the amount the third party presents to us for the purpose of processing this type of payment. Any authorizations you have agreed with any third parties can be viewed in your PayPal account. We will not inform you in advance about any recurring payments under this agreement. However, you may request such information from your merchant. If your third party initiated payment requires a currency conversion by us, the amount of the Currency Conversion Fee will be determined at the time the applicable third party processes your payment and completes the transaction.

3.1.7 Stopping a Preapproved Payment. You may stop a Preapproved Payment authorization with a merchant or other third party at any time up to 3 business days prior to the date the next payment is scheduled to be made by notifying PayPal. To stop a Preapproved Payment, access the My Preapproved Payments section of your Account Profile and follow the links to stop the payment. If you stop a Preapproved Payment you may still be liable to the merchant or respective other third party for the payment or for other penalties under the terms of your agreement with the merchant or respective other third party, and you may be required to pay the merchant or respective other third party through alternative means.

3.1.8 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 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. This feature is not available in all countries.

PayPal provides you protection against unauthorized withdrawals from your bank account under the terms of the Electronic Fund Transfer Rights and Error Resolution Policy. 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, returns to bank accounts are charged a returned ACH fee based on their location. 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.

3.1.9 Multiple Currencies. PayPal's Multiple Currencies feature allows users to send payments in U.S. Dollars, Canadian Dollars, Euros, Pounds Sterling, Yen, Argentinean Pesos, Brazilian Reals, Australian Dollars, Czech Koruna, Danish Crowns, Hong Kong Dollar, Hungarian Forint, Israeli New Shekel, Malaysian Ringgits, Mexican Pesos, New Taiwan Dollars, New Zealand Dollars, Norwegian Krone, Polish Zloty, Russian Ruble (subject to the commencement of PayPal’s Ruble service), Singapore Dollar, Swedish Krona, Swiss Francs (CHF), Thai Baht, or Turkish Lira.

Restrictions may apply regarding which currencies can be sent or received. When you are sending money to a merchant who has requested a currency that is different than your primary currency, you will need to specify whether you want to pay the merchant in the merchant’s requested currency, or in your primary currency. Some merchants may not offer this option.

If you send a payment in a currency that is not your primary currency, we follow these practices:

  1. If you have a Balance in the requested currency, we will fund your transaction from your Balance. 

  2. If you have a Balance in a different currency, we will perform a currency conversion and use it to fund your transaction.

  3. If you do not have a Balance, we will fund your transaction through your Default Payment Method.

3.2 Receiving PayPal Payments.

3.2.1 Account Receiving Limit. PayPal places limits on the amount of funds you may receive each month based on the primary currency of your PayPal account.

The cap is based on the account sign-up date, and is reset each month. Once you have reached your monthly limit, the payment will have a Pending status, and you will need to take certain steps to accept the payment. If a payment is Pending based on your having reached your Receiving Limit and your limit is reset, the payment will remain Pending until you have completed to process or deny the payment. If you refund a payment, your Receiving Limit will not be reset for the amount of the payment.

3.2.2 Receiving Preapproved Payments and /or Delayed Payment. If you receive Preapproved Payments and/or Delayed payments you must receive your buyer’s authorization to the payment amount, frequency and duration prior to submitting the payment and notify the buyer an appropriate time before you submit the payment. Without limiting any of your liability based on other circumstances, you are liable to PayPal for any refunds of such payment, unless such refund is not made as a consequence of any violation of their obligations under this paragraph.

3.2.3 Liability for Invalidated Payments. When you receive a payment, you are liable to PayPal for the full amount of the payment sent to you plus any Fees if the payment is later invalidated for any reason, unless the transaction is protected by PayPal Seller Protection. This means that, in addition to any other liability, you will be responsible for the amount of the payment sent by the sender, plus the applicable Fees listed in the Fees Policy, if you lose a Seller Protection Claim or a credit card chargeback, or if there is a Reversal of the payment (as defined below).

3.2.4 Use of PayPal on eBay. Sellers who offer PayPal as a payment method in their eBay listings must follow these requirements:

  1. Accept PayPal if the eBay listing includes PayPal as a payment method. 
  2. Accept all PayPal funding sources from a buyer, including but not limited to credit cards 
  3. Accept international PayPal transactions if the eBay listing offers shipping outside of their country.
  4. Sellers may not charge a surcharge for accepting PayPal as a payment method.
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4. Balances and Withdrawing Money.

4.1 Balances.

   If you hold a balance, PayPal will hold your funds in pooled accounts separate from its corporate funds, and it will not use your funds for its operating expenses or for any other corporate purposes. PayPal will not voluntarily make your funds available to its creditors in the event of bankruptcy. You will not receive interest or other earnings on the amounts in your balance. PayPal may receive interest on amounts that PayPal holds on your behalf. You agree to assign your rights to PayPal for any interest derived from your funds.

4.2 Setoff of Past Due Amounts. If you have a past due amount owed to a PayPal affiliate, subsidiary, or parent company, PayPal may debit your Account to pay any amounts that are more than 180 Days past due.

4.3 Negative Balances and Multiple Currencies. If your Account has a negative balance, PayPal may set-off the negative balance with any funds that you subsequently add or receive into your Account or deduct the amount from a withdrawal you may have requested. If you have multiple currency balances in your Account and one of the currency balances becomes negative for any reason, PayPal may set-off the negative balance by using funds you maintain in a different currency balance. In case you have a negative balance, the next time you make a credit card or direct debit payment, we may also charge your credit card or, as applicable, bank account, with the outstanding amount in addition to the payment amount. You will be notified during the payment process.

4.4 Risks of Maintaining Balances in Multiple Currencies. You are responsible for all risks associated with maintaining Balances in multiple currencies. This may include fluctuating exchange rates. You agree that you will not attempt to use multiple currencies for speculative trading.

4.5 Reserves. If PayPal places a reserve on funds in your Account (see Measures of Paypal, currently Section 10.6), the funds will be shown as “pending” in your PayPal Account.

4.6 How to Withdraw Money. You may withdraw funds from your Account by registering your Swiss bank account with PayPal, and withdrawing funds from your PayPal balance into your local bank account.

4.7 Withdrawal Limits. Depending on the degree to which you have Verified your Account, we may limit your ability to withdraw funds until you comply with our requests for information. You can view your withdrawal limit, if any, by logging into your Account and clicking on the View Limits link on the Account Overview page. In addition, we may delay withdrawals of large sums of money while we perform a risk review, and to impose Reserves in the event of a withdrawal, to cover an increased risk for us or our customers.

For regulatory and fraud prevention purposes, PayPal generally reserves the right to review any withdrawals and may request additional identity information or other verification information or transaction information before releasing the funds into your designated bank account. Failure to provide the necessary information when requested may delay your ability to withdraw funds and may under locals laws be deemed suspicious activity.

4.8 Multiple Currencies. You may hold funds in your PayPal account in different currencies. We will always make the payment to your Swiss bank account in CHF. Therefore, if you withdraw a balance which is in a currency other than CHF, a currency conversion will apply (see below).

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5. Fees and Currency Conversion.

5.1 Fees. Fees for Users registered in Switzerland are as specified in the Fees Policy. The Fees Policy constitutes an integral part of this Agreement. For Users with a PayPal Account registered in a region which is not Switzerland, then for the avoidance of doubt, those Users will be liable to PayPal for the fees as set out in the terms of the User Agreement relevant to that other region or as set out in the Fee Table available from the “footer” of each page of the PayPal website applicable to the country where the User is registered.

If other Fees apply for services or functionalities not referred to in the Fees Policy, you will be notified of those Fees on the PayPal Website(s) where those other services or functionalities are offered or provided.

Fees will be assessed in the currency of the payment unless otherwise specified.Your account and all transactions are made and displayed in Swiss Franc (CHF) unless otherwise specified and may be subject to exchange rates. All fees related to the Service, are made free and clear of, and without any deduction or withholding for and on account of, any taxes, duties or other deductions. Any such deduction or withholding, if required by the laws of any country, shall be on your account and be borne by you.

5.2 Currency Conversion. If your transaction involves a currency conversion by PayPal, it will be completed at a foreign exchange rate determined by a financial institution, which is adjusted regularly based on market conditions. The exchange rate is adjusted regularly and may be applied immediately and without notice to you. This exchange rate includes a processing fee expressed as a certain percentage above the wholesale exchange rate at which PayPal obtains foreign currency, and the processing fee is retained by PayPal.

The Currency Conversion Fees that are applicable whenever PayPal performs a currency conversion are set out in the Fees Policy.

The "Currency Converter" tool can be accessed through your Account and used to see what exchange rates apply at any given time.

Where a currency conversion is offered by PayPal at the point of sale you will be shown the exchange rate that will be applied to the transaction before you proceed with authorising the payment transaction. By proceeding with your authorisation of the payment transaction you are agreeing to the currency conversion on the basis of such exchange rate. You may opt out of a currency conversion by PayPal before you complete your payment by selecting “Other Conversion options” on the “Review Your Information” page during checkout. Where a currency conversion is offered at the point of sale by the merchant, not by PayPal, and you choose to authorise the payment transaction on the basis of the merchant's exchange rate and charges, PayPal has no liability to you for such currency conversion by a merchant.

Where your payment is funded by credit card and involves a currency conversion, by entering into this agreement you consent to and authorise PayPal to convert the currency in place of your credit card issuer.

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6. Your Information.

6.1 Definition. "Your Information" is defined as any information you provide to us or other users in the registration, payment process, stores or other features of our Service. You alone are responsible for Your Information, as we act as a passive conduit for your online distribution and publication of Your Information.

6.2 Inaccurate Information. Failure to provide true and accurate identification information is prohibited. PayPal will restrict your account and limit your access to funds should you fail to provide true and accurate information at registration. 

6.3 License. Solely to enable PayPal to use the information you supply us with, so that we are not violating any rights you might have in that information, you agree to grant us a non-exclusive, worldwide, royalty-free, perpetual, irrevocable, sublicensible (through multiple tiers) right to exercise the copyright, publicity, and database rights (but no other rights) you have in Your Information, in any media now known or not currently known, with respect to Your Information. PayPal will use and protect Your Information in accordance with our Privacy Policy.

6.4 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 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, Website Payments features, 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.
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7. Access and Interference.

Our web site contains robot exclusion headers and you agree that you will not use any robot, spider, other automatic device, or manual process to monitor or copy our web pages or the content contained herein without our prior expressed written permission. You agree that you will not use any device, software or routine to bypass our robot exclusion headers, or to interfere or attempt to interfere with the proper working of the PayPal site or any activities conducted on our site. You agree that you will not take any action that imposes an unreasonable or disproportionately large load on our infrastructure. Much of the information on our site is proprietary or is licensed to PayPal by our users or third parties. You agree that you will not copy, reproduce, alter, modify, create derivative works, publicly display or frame any content (except for Your Information) from our web site without the prior expressed written permission of PayPal or the appropriate third party. 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.

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8. Privacy and Security.

We do not sell or rent your personal information to third parties for marketing purposes without your consent and we only use Your Information as described in the Privacy Policy. We view protection of users' privacy as a very important principle. We understand clearly that you and Your Information are one of our most important assets. We store and process Your Information on computers located in the United States that are protected by physical as well as technological security devices. You should only log in to your PayPal account on a page which begins with https://www.paypal.com/. All of our pages begin with https://www.paypal.com/ and therefore you should not use any other site that does not begin as such. We use third parties to verify and certify our privacy principles. Our current Privacy Policy is available at https://www.paypal.com/cgi-bin/webscr?cmd=p/gen/privacy-outside. If you object to your information being transferred or used in this way, please do not use our Services.

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9. Termination or Closing Your Account.

9.1 How to Close Your Account. You may close your Account at any time by following the instructions in your Account Profile. Upon Account closure, we will cancel any pending transactions and you will forfeit any balances associated with any redemption codes (such as codes associated with any gift certificates, promotional coupons or other promotional offers used to obtain a benefit and saved with your PayPal Account). You must withdraw your balance prior to closing your Account.

If we close your account, we may pay funds that we are holding in custody for you at the time of closure, less any applicable fees, out to your bank account to which is registered with your PayPal account. After the date of termination, we may 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 laws regarding escheat of unclaimed property.

You will remain liable for all obligations related to your Account even after the Account is closed.

9.2 Limitations on Closing Your Account. You may not evade an investigation by closing your Account. If you close your Account while we are conducting an investigation, we may hold your funds to protect PayPal, its parent, subsidiaries and affiliates or a third party against the risk of Reversals (as defined below), credit card chargebacks, claims that a User files directly with PayPal in the Online Resolution Center (e.g. Buyer Protection Claims), fees, fines, penalties and other liability.

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10. Your Liability, Remedies and PayPal's Right to Collect From You.

10.1. Your Liability.
  1. You are responsible for
    1. Reversals
    2. Credit card chargebacks
    3. fees, fines, and penalties
    4. any other liability incurred by PayPal, a PayPal User, or a third party caused by your use of our Service and/or arising from your breach of this Agreement.
    You agree to reimburse PayPal, a User, or a third party for any and all such liability.

    "Reversal" means PayPal reverses a payment you received because (a) it is invalidated by the sender's bank, (b) it was sent to you in error by PayPal, its parent, subsidiaries, affiliates, eBay or any direct or indirect PayPal subsidiary, (c) the sender of the payment did not have authorization to send the payment (for example: the sender used a stolen credit card or PayPal account takeover), (d) you received the payment for activities that violated this Agreement, the PayPal Acceptable Use Policy, or any other Policy, or (e) PayPal decided a Buyer Protection Claim against you as described below, without you being protected by the PayPal Seller Protection in the individual case.
  2. Liability for PayPal Buyer Protection Claims. If PayPal makes a final decision that you lose a Buyer Protection claim filed directly with PayPal, you will be required to reimburse PayPal for your liability, which will include the full purchase price of the item and original postage costs (and in some cases, you may not receive the item back). Please see the PayPal Buyer Protection Policy and the PayPal Seller Protection Policy for details on how PayPal Buyer Protection may affect you as a Seller.

10.2 Liability for claims filed directly with eBay through the eBay Buyer Protection resolution process. If you are an eBay seller, eBay requires that you comply with the eBay Buyer Protection resolution process. As such, you have provided eBay with permission to make a final decision on a claim that a buyer files against you directly with eBay. If eBay makes a final decision that you lose a claim, you agree to allow PayPal to remove funds from your PayPal Account in order to reimburse eBay for your liability. Any claim filed directly with eBay is not covered by PayPal Seller Protection.

10.3 Restricted Activities. In connection with your use of our website, your Account, the PayPal Services, or in the course of your interactions with PayPal, other PayPal users, or third parties, you will not:

  1. Breach this Agreement, the Commercial Entity Agreement, the Acceptable Use Policy or any other document incorporated herein, or other Policy that you have agreed to with PayPal;
  2. Violate any law, statute, ordinance, or regulation;
  3. Infringe PayPal's or any third party's copyright, patent, trademark, trade secret or other intellectual property rights, or rights of publicity or privacy;
  4. Sell counterfeit goods;
  5. Act in a manner that is defamatory, trade libelous, threatening or harassing;
  6. Provide false, inaccurate or misleading Information;
  7. Engage in potentially fraudulent or suspicious activity and/or transactions;
  8. Refuse to cooperate in an investigation or provide confirmation of your identity or any Information you provide to us;
  9. Receive or attempt to receive funds from both PayPal and the Seller, bank or credit card issuer for the same transaction during the course of a dispute;
  10. Control a PayPal Account that is linked to another PayPal Account that has engaged in any of these Restricted Activities;
  11. Conduct your business or use the PayPal Services in a manner that results in or may result in complaints, disputes, claims under the Buyer Protection process, Reversals, credit card chargebacks, fees, fines, penalties and other liability to PayPal, other Users, third parties or you;
  12. Have a credit score from a credit reporting agency that indicates a high level of risk associated with your use of the PayPal Services;
  13. Use your Account or the PayPal Services in a manner that PayPal, Visa, MasterCard, American Express, Discover or any other electronic funds transfer network reasonably believes to be an abuse of the card system or a violation of card association or network rules;
  14. Undertake an activity that does or may present to us a credit or fraud risk, a sudden increase in exposure, or a significant or otherwise detrimental level of exposure (as PayPal reasonably believes based on the information available to it);
  15. Allow your Account to have a negative balance;
  16. To hold multiple accounts (other than one Private Account and one Business Account)
  17. Provide yourself a cash advance from your credit card (or help others to do so);
  18. Access the PayPal Services from a country that is not listed on PayPal's Worldwide page.
  19. Disclose or distribute another User's Information to a third party, or use the Information for marketing purposes unless you receive the User’s express consent to do so;
  20. Send unsolicited email to a User or use the PayPal Services to collect payments for sending, or assisting in sending, unsolicited email to third parties;
  21. Take any action that imposes an unreasonable or disproportionately large load on our infrastructure;
  22. Facilitate any viruses, trojan horses, worms or other computer programming routines that may damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or Information;
  23.  Integrate PayPal as payment method in a way which makes it impossible for a customer to identify whether he or she is on PayPal’s website (Example: iframing, the URL is not visible for the customer). You agree that engaging in the above Restricted Activities diminishes your or other PayPal customers’ safe access and/or use of your Payment Instrument, Account or the Service generally;
  24. Use an anonymizing proxy; use any robot, spider, other automatic device, or manual process to monitor or copy our website without our prior written permission;
  25. Use any device, software or routine to bypass our robot exclusion headers, or interfere or attempt to interfere with our website or the PayPal Services;
  26. Take any action that may cause us to lose any of the services from our Internet service providers, payment processors, or other suppliers;
  27. Allow your use of the Service to present to PayPal a risk of non-compliance with PayPal’s anti-money laundering, counter terrorist financing and similar regulatory obligations (including, without limitation, where we cannot verify your identity or you fail to complete the steps to lift your sending, receiving or withdrawal limit in accordance with this agreement); or
  28. Reveal your Account password(s) to anyone else, nor may you use anyone else's password. We are not responsible for losses incurred by you including, without limitation, the use of your Account by any person other than you, arising as the result of misuse of passwords, or
  29. use, or attempt to use the PayPal Service for purposes other than sending and receiving payments and managing your account, or abuse the reversal process provided by your credit card issuer or your bank where you hold a bank account registered with your PayPal account, or abuse the Buyer or Seller Protection process. .

10.4 Reimbursement for Your Liability. In the event you are liable for any amounts owed to PayPal, PayPal may immediately remove such amounts from your PayPal balance (if available). If there are insufficient funds in your balance to cover your liability, your remaining balance will be removed, your PayPal account will have negative balance up to the amount of your liability, and PayPal reserves the right to collect your debt to PayPal by using any payments received in your Account and otherwise you agree to reimburse PayPal through other means. PayPal may also recover amounts you owe us through legal means, including, without limitation, through the use of a debt collection agency.

Additionally, to secure your performance of this Agreement, you grant to PayPal a lien on and security interest in your account.

10.5 Remedies of PayPal – Restricted Activities. In addition to any other rights under this Agreement, if PayPal, in its sole discretion, believes that you may have engaged in any Restricted Activities as specified above, we may, at any time take various actions to protect PayPal, its parent, subsidiaries and affiliates, eBay, other PayPal users, other third parties or you from Reversals, credit card chargebacks, claims under the Buyer Protection process, fees, fines, penalties and any other liability. The actions we may take include but are not limited to the following:

  1. We may close, suspend, or limit your access to your Account or the PayPal Services;
  2. We may refuse to provide the PayPal Services to you now and in the future; and
  3. We may hold your funds for a period of time reasonably needed to protect against the risk of liability to PayPal or a third party, or if we believe that you may be engaging in potentially fraudulent or suspicious activity and/or transactions.

10.6 Temporary Holds.

  1. Risk-Based Holds. PayPal, in its sole discretion, may place a hold on any or all of the payments you receive when PayPal believes there may be a high level of risk associated with you, your account, or any or all of your transactions. PayPal’s determination may be based on different factors and PayPal may rely on information it receives from third parties such as eBay. If PayPal places a hold on a payment, the funds will appear in your “pending balance” and the payment status will indicate the hold, for example it can show as “Completed - Funds not yet available.” If PayPal places a hold on any or all of the payments you receive, PayPal will provide you with notice of our actions. PayPal will release the hold on any payment after 30 Days from the date the payment was received into your Account unless PayPal has a reason to continue to hold the payment such as (a) the receipt of a dispute, claim, credit card chargeback, or Reversal, (b) PayPal believes that you have violated the terms of this Agreement or any other Policy and that such a violation results in the need to continue holding the funds, or (c) PayPal believes that you may be engaging in potentially fraudulent or suspicious activity and/or transactions. In such an event, PayPal may continue holding the payment in your Account until the matter is resolved pursuant to this Agreement. PayPal, in its sole discretion, may release the hold earlier under certain circumstances, for example when you upload tracking information of the item you shipped.
  2. Disputed Transactions Holds. If a buyer files a Claim, Chargeback or Reversal on a payment you received, PayPal will place a temporary hold on the funds in your PayPal account to cover the full amount in dispute. A hold placed under this provision will not restrict your use of the Account with regard to funds other than those disputed or at risk under the Claim, Chargeback or Reversal. This process also applies to claims that a buyer files with eBay through the eBay resolution process and where eBay has notified us of the claim. For further details please see the PayPal Seller Protection Policy.

10.7 Reserves. PayPal, in its sole discretion, may place a reserve on funds held in your Premier or Business Account when PayPal believes there may be an increased level or risk associated with your account. If PayPal places a reserve on funds in your Account, the funds will be shown as “pending” in your PayPal Account. If your Account is subject to a Reserve, PayPal will provide you with notice specifying the terms of the reserve. The terms may require that a certain percentage of the amounts received in your Account are held for a certain period of time, or that a certain amount or percentage is held in reserve. PayPal may change the terms of the reserve by providing you with notice of the new terms. In the event you do not agree to the terms of the reserve, you may terminate your account with PayPal.

When managing risk for Accounts, we may also take the following measures in regards to withdrawing funds from your PayPal account to your bank account:

  • limit the amount you can immediately withdraw.
  • change the speed or the method of payment for withdrawals. 
  • set-off amounts from your Balance and/or require that you, or a person associated with you, enter into other forms of security arrangements with us (for example, by providing a guarantee or requiring you to deposit funds with us as security for your obligations to us or third parties). You also agree to undertake, at your own expense, any further action (including, without limitation, executing any necessary documents and registering any form of document reasonably required by us to allow us to perfect any form of security interest or otherwise) required to establish a Reserve or other form of security in a manner reasonably determined by us.

10.8 Remedies of PayPal - Account Closure, Termination of Service, Limited Account Access; Confidential Criteria.PayPal, in its sole discretion, reserves the right to terminate this Agreement and/or access to the PayPal Services for any reason and at any time upon notice and payment to you of any unrestricted funds held in your balance. If we limit access to your Account, including through a Reserve or hold, we will provide you with notice of our actions, and the opportunity to request restoration of access if, in our sole discretion, we deem it appropriate. Further, you acknowledge that PayPal’s decision to take certain actions, including limiting access to your Account, placing holds or imposing Reserves, may be based on confidential criteria that is essential to our management of risk, the security of Users’ Accounts and the PayPal system. You agree that PayPal is under no obligation to disclose the details of its risk management or its security procedures to you. However, PayPal undertakes best efforts to investigate the accounts that have been limited, in order to proceed the respective matter as soon as possible.

 

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11. 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.

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12. Legal Compliance.

You shall comply with all applicable Singapore and international laws, statutes, ordinances, regulations, contracts and applicable licenses regarding your use of our Services.

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13. Release of PayPal.

If you have a dispute with one or more Users, you release PayPal (and our officers, directors, agents, joint ventures, and employees) from any and all claims, demands, and damages (actual and consequential) of every kind and nature arising out of any or in any way connected with such disputes.

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14. Notices.

14.1 Electronic Communications. You agree that this Agreement constitutes "a writing signed by You" under any applicable law or regulation. 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.

14.2 Electronic Evidence. You agree that in the event of a dispute between You and PayPal or You and another user, that PayPal's electronic records of your transactions, the PayPal User Agreement, the PayPal Privacy Policy, any identity verification information provided in a paper format and subsequently scanned or otherwise converted into an electronic format, and any other information stored or created electronically shall be admissible in a court of law or in relation to a law enforcement or regulatory investigation or prosecution.

14.3 Third Party Verification. You agree that where available PayPal may engage third parties, such as credit reporting agencies or identity verification companies order and review your credit report with the sole purpose of assessing your fitness to hold a PayPal account and/or your ability to use the Service or features thereof.

14.4 Procedure. Except as explicitly stated otherwise, any notices shall be given by postal mail to PayPal Pte. Ltd., Attn: Legal Department, 5 Temasek Boulevard, #09-01 Suntec Tower Five, Singapore 038985. (in the case of PayPal) or to our online message center or the email address you provide to PayPal during the registration process (in your case). Notice shall be deemed given 24 hours after posted or email is sent, unless the sending party is aware that the electronic communication was not received. Alternatively, we may give you notice by mail to the address provided to PayPal during the registration process. In such case, notice shall be deemed given 3 days after the date of mailing.

14.5 Third Party Permissions. You may expressly grant, remove and manage permissions for certain third parties to take certain actions on your behalf by logging into your Account, choosing the Profile subtab under the My Account tab, and selecting API Access, then Manage API Permissions. You acknowledge that if you grant permission for a third party to take actions on your behalf, PayPal may disclose certain information about your PayPal Account to this third party. Granting permission to a third party does not relieve you of any of your responsibilities under this Agreement. You acknowledge and agree that you will not hold PayPal responsible for, and will indemnify PayPal from, any liability arising from the actions or inactions of this third party in connection with the permissions you granted.

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15. Legal Disputes.

In the event a dispute arises between you and PayPal, our goal is to provide you with a neutral and cost effective means of resolving the dispute quickly. Accordingly, you and PayPal agree that any controversy or claim at law or equity that arises out of this Agreement or PayPal's services ("Claims") shall be resolved in accordance with one of the subsections below, or as otherwise mutually agreed upon in writing by the parties. Before resorting to these alternatives, PayPal strongly encourages users first to contact PayPal directly to seek a resolution. PayPal will consider reasonable requests to resolve the dispute through alternative dispute resolution procedures, such as mediation, as an alternative to litigation.

15.1 Arbitration. For any Claim (excluding Claims for injunctive or other equitable relief) where the total amount of the award sought is less than $10'000.00 USD, you or PayPal may elect to resolve the dispute through binding arbitration conducted by telephone, on-line, and/or based solely upon written submissions where no in-person appearance is required. In such cases, the arbitration shall be administered by the Singapore International Arbitration Centre, or any other established ADR provider mutually agreed upon by the parties. Any judgment on the award rendered by the arbitrator may be entered in any court having jurisdiction thereof.

15.2 Court. Alternatively, any Claim may be adjudicated by a court of competent jurisdiction located in Singapore or where the defendant is located (in PayPal's case, Singapore, and in your case, your home address or principal place of business). You and PayPal agree to submit to the personal jurisdiction of the courts located in Singapore.

15.3 Violations of Section 15. All Claims (excluding requests for injunctive or equitable relief) between the parties must be resolved using the dispute resolution mechanism that is selected in accordance with this Section by the party first to assert a Claim, either through a court filing or commencement of arbitration. Should either party file an action contrary to this Section 15, the other party may recover lawyers’ fees and costs up to $1'000.00 USD, provided that the party seeking the award has notified the other party in writing of the improperly filed Claim, and the other party has failed to withdraw the Claim.

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16. General.

This Agreement is governed by and interpreted under the laws of Singapore as such laws are applied to agreements entered into and to be performed entirely within Singapore. We do not guarantee continuous, uninterrupted or secure access to our service, and operation of our site may be interfered with by numerous factors outside of our control. If any provision of this Agreement is held to be invalid or unenforceable, such provision shall be struck and the remaining provisions shall be enforced. You agree that this Agreement and all incorporated agreements may be automatically assigned by PayPal, in our sole discretion, to a third party in the event of a merger or acquisition. Headings are for reference purposes only and in no way define, limit, construe or describe the scope or extent of such section. Our failure to act with respect to a breach by you or others does not waive our right to act with respect to subsequent or similar breaches. This Agreement and the documents it incorporates set forth the entire understanding between us with respect to the subject matter hereof. Sections (5) Fees, (2.4) Release, (8) Access and Interference, (2.6) Limitation of Liability, (2.7) Indemnity, and (16) General shall survive any termination or expiration of this Agreement.

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17. Disclosures.

The Services are offered by PayPal Pte. Ltd., 5 Temasek Boulevard, #09-01 Suntec Tower Five, Singapore 038985. If you are a Singaporean 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 Policy.

Disputes between you and PayPal regarding our Services may be reported to Customer Support online through the PayPal Help Center at any time, or by calling 0041 - 844 560 158 from 8.30 AM to 7.00 PM between Monday and Friday and from 9.00 AM to 7.30 PM between Saturday and Sunday (CHF 0.11/min for calls made via Swiss landline network; different prices might apply for calls using mobile networks).

Consumer advisory - The PayPal™ payment service is regarded as a stored value facility under Singapore law.

PayPal Pte. Ltd., the Holder of the PayPal™ stored value facility, does not require the approval of the Monetary Authority of Singapore. Consumers (users) are advised to read these terms and conditions carefully.

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