Paypal New Terms & Conditions

[Ian Seaman]

Anyone been through it yet to see how it will effect the way we pay using the gift button ??

Ian.

[Ian Seaman]

Anyone been through it yet to see how it will effect the way we pay using the gift button ??

Ian.

• Amendment to the PayPal User Agreement

1. Fees

   Section 8 has been amended in the following ways:

   1. the second paragraph of section 8 has been amended to clarify the circumstances in which you can and cannot send or receive personal transaction payments and how and when fees are incurred for sending personal transaction payments, with corresponding deletions in the fee table. The relevant paragraph now reads as follows:

      "As far as personal transactions are concerned, please note that:

[*]PayPal Buyer Protection

1. you cannot send money for a PayPal personal transaction from some countries, including Germany or China;
2. Indian registered Accounts may neither send nor receive personal transaction payments. This means that you cannot send personal transaction payments to Indian registered Accounts; and
3. when a fee applies to a personal transaction, either the sender or the recipient pays the fee, not both. In most cases, the sender decides who pays the fee. In some cases, the sender will not be able to decide and the sender or the recipient will be required to pay the fee. If you send a personal transaction payment from a third party (non PayPal) website or application then the third party will determine if the sender or recipient of a personal transaction payment will pay the personal transaction fee. This will be disclosed to you by the third party."[*]to update the fees for cross border personal transactions where the country of the recipient's registered PayPal Account is Brazil, Hong Kong, Singapore or Taiwan.

The relevant part of the fee table for cross border personal payments now reads as follows: Fee for payment fully funded by:

- PayPal Balance

- Bank Fee for payment fully or partially funded by:

- Debit card and/or

- Credit Card Important: this fee is based on the country of the recipient's registered PayPal Account.

Recipient's Country:

UK: 0.5%

Poland: 1% + 0.55 PLN

*Other European Countries: 0.5%

Australia: 1%

Brazil: 1%

Canada: 1%

China: 0.5%

Germany: 2%

Hong Kong: 0.5%

Singapore: 0.5%

Taiwan: 0.5%

U.S.: 1%

Elsewhere: 0.5%

Note: This fee will not be charged if a Euro payment is made between Accounts registered in the European Union or EEA.

Important: this fee is based on the country

of the recipient's registered PayPal Account.

Recipient's Country:

UK: 3.9% + Fixed Fee (see table below)

*Other European Countries: 3.9% + Fixed Fee

Australia: 3.4% + Fixed Fee

Brazil 4.9% + Fixed Fee

Canada: 3.9% + Fixed Fee

China: 3.9% + Fixed Fee

Germany: 3.9% + Fixed Fee

Hong Kong: 3.9% + Fixed Fee

Singapore: 3.9% + Fixed Fee

Taiwan: 3.9% + Fixed Fee

U.S.: 3.9% + Fixed Fee

Elsewhere: 3.9% + Fixed Fee

Note: Cross border Euro payments made between Accounts registered in the European Union or EEA will receive a half percentage point reduction in the variable amount of the cross border fee.

[*]to update the Currency Conversion Fee for payments sent from Danish registered Users to Users registered in Hong Kong and China. The relevant part of the Currency Conversion Fee table now reads as follows:

Activity Fee

Currency Conversion Fee

If your transaction involves a currency conversion, 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.For a payment sent from a Danish registered User to a User registered in Hong Kong or China (only where such Currency Conversion Fee is payable by the Danish registered User):

3.5% above the wholesale exchange rate

For all other transactions involving a currency conversion:

2.5% above the wholesale exchange rate

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

Section 13 is being amended to reflect changes to the PayPal Buyer Protection programmes. The amendments:

1. clarify the eligibility requirements for reimbursement under the PayPal Buyer Protection programme at Section 13.3a. The clarifications mean that (subject to further eligibility requirements of Section 13):
2. classified listings are no longer excluded from eligibility for PayPal Buyer Protection;
3. for the avoidance of doubt, the following items are excluded from eligibility for reimbursement under the PayPal Buyer Protection programme:
   1. The amended parts of section 13.3a now read as follows (presented in context with their root clause):
4. industrial machinery used in manufacturing."

[*]Access to and provision of our Services

"13.3 What type of payments are eligible for re-imbursement under PayPal Buyer Protection?

. . .

a. PayPal Buyer Protection only applies to PayPal payments for certain tangible, physical goods that can be posted. Payments for the following are not eligible for re-imbursement under PayPal Buyer Protection:

. . .

1. industrial machinery used in manufacturing.

. . ." [*]now enable not only UK Users but also non-UK Users whose accounts are governed by this particular version of the PayPal User Agreement, to be eligible for reimbursement for Claims in respect of "Significantly Not As Described" items purchased with PayPal outside of eBay. Section 13.7a has been deleted.[*]clarify that a seller will be liable to PayPal if that seller loses a Claim from a buyer with a PayPal account registered anywhere in the world. The relevant part of section 13.7 now reads as follows:

"Sellers: As a seller you are liable to PayPal if you lose a Claim from a buyer with a PayPal account registered anywhere in the world. This includes, without limitation, where you sell to a buyer who is a Full Programme User and the buyer files a SNAD Claim, in which case you will generally be required to accept the item back and refund the buyer the full purchase price plus original shipping costs. You will not receive a refund on your PayPal fees. If you lose a Significantly Not as Described Claim because the item you sold is counterfeit, you will be required to provide a full refund to the buyer and you will not receive the item back (it will be destroyed)."

Section 14.6 has been amended to clarify existing wording relating to the scope of PayPal's liability arising from issues relating to the access to our Services or delays in the provision of our Services. Section 14.6 now reads as follows:

"14.6 No Warranty. We provide the Services to you subject to your statutory rights but otherwise provided without any warranty or condition, express or implied, except as specifically stated in this Agreement. PayPal does not have any control over the products or services that are paid for with our Service and PayPal cannot ensure that a buyer or a seller you are dealing with will actually complete the transaction or is authorised to do so. PayPal does not guarantee continuous, uninterrupted or secure access to any part of our Service. We shall not be liable for any delay in the failure in our provision of the Services under this Agreement. You acknowledge your access to the website(s) may be occasionally restricted to allow for repairs, maintenance or the introduction of new facilities or services. PayPal will make reasonable efforts to ensure that requests for electronic debits and credits involving bank accounts and debit and credit cards are processed in a timely manner. We make every effort to ensure that the information contained in our correspondence, reports, on the website(s) and given verbally by our directors, officers and staff is accurate to the best of our belief at the time the information is provided. However, we cannot guarantee the accuracy of all such information in all circumstances and contexts, and no reliance should be placed on such information by you. You must check all correspondence between us carefully and tell us as soon as possible if it includes something which appears to you to be wrong or not made in accordance with your instructions."

• Amendment to the PayPal Privacy Policy

1. Notification of Changes

   We have amended the wording in the first two paragraphs of this section to clarify the process by which we make changes to the Privacy Policy. The first two paragraphs of this section now read as follows:

   "We may at any time amend, delete or add to this Privacy Policy (a "Change") by giving notice of such Change by posting a revised version of this Privacy Policy on the PayPal website(s). A Change will be made unilaterally by us and you will be deemed to have accepted the Change after you have received notice of it. We will give you 2 months' notice of any Change with the Change taking effect once the 2 month notice period has passed, except the 2 month notice period will not apply where a Change relates to the addition of a new service, extra functionality to the existing Services or any other change which we believe in our reasonable opinion to neither reduce your rights nor increase your responsibilities. In such instances, the Change will be made without prior notice to you and shall be effective immediately upon giving notice of it.

   If you do not accept any Change, you must close your PayPal account following the account closure procedure set out in section 7.1 of the User Agreement. If you do not object to a Change by closing your PayPal account within the 2 month notice period, you will be deemed to have accepted it. While you may close your PayPal account at any time and without charge, please note that you may still be liable to us after you close your PayPal account for any liabilities you may have incurred and are responsible for prior to close your PayPal account and please further note our rights under section 10.3 (Account closure and limited access) of the User Agreement."

2. Binding Corporate Rules

   We have added a new section to the Privacy Policy to clarify that eBay Inc., the parent company of PayPal, has established a set of Corporate Rules. Depending upon your location, these rules may provide additional privacy rights through your privacy regulator or a court. This section reads as follows:

   "In addition to the privacy practices set out in this Privacy Policy, eBay Inc., the parent company of PayPal, has established a set of Corporate Rules (also referred to as Binding Corporate Rules), approved by a number of European Union privacy regulators. These Corporate Rules are a commitment by eBay Inc. to adequately protect your personal information regardless of where the data resides, and depending upon your location, may provide additional privacy rights through your privacy regulator or a court. If you would like additional information regarding the Corporate Rules or contact us via the contact details below."

3. Information About You From Third Parties

   We have added new wording to this section to clarify that PayPal may also collect information from members of the eBay Inc. corporate family or other companies.

4. Our Use of "Cookies"

   We have amended this section to further clarify how and why PayPal uses cookies and to remind you that you may encounter cookies from third parties when using the PayPal Services on websites we do not control. The relevant part of this section now reads as follows:

   "

   . . .

   We also use cookies to customise the PayPal Services, content, and advertising; measure promotional effectiveness, and promote trust and safety.

   You may encounter cookies from third parties when using the PayPal Services on websites we do not control (for example, if you view a web page created by a third-party or use an application developed by a third-party, there may be a cookie placed by that web page or application)."

5. Internal Uses

   This section has been amended to clarify that PayPal collects stores and processes your personal information on servers located throughout the World where PayPal facilities are located. This section now reads as follows:

   "We collect, store and process your personal information on servers located in the United States and operated by our parent company, PayPal Inc and elsewhere in the World where PayPal facilities are located. Our primary purpose in collecting personal information is to provide you with a safe, smooth, efficient, and customised experience. You agree that we may use your personal information to:

6. provide the services and customer support you request;
7. resolve disputes, collect fees, and troubleshoot problems;
8. prevent potentially prohibited or illegal activities, and enforce our User Agreement;
9. customise, measure, and improve our services and the content and layout of our website;
10. deliver targeted marketing, service updates, and promotional offers based on the communication preferences you have defined for your PayPal account (please refer to the section Our contacts with PayPal customers below);
11. compare information for accuracy, and verify it with third parties."

1. [*]

Marketing

We have added a new section to the Privacy Policy to clarify how we use your information to improve and personalise the PayPal Services, content and advertising and how you may adjust your preferences in this regard. This section reads as follows:

"We may combine your information with information we collect from other companies and use it to improve and personalise the PayPal Services, content and advertising. If you don't wish to receive marketing communications from us or participate in our ad-customisation programs, simply indicate your preference by logging into your account and going to the Profile subtab under the My Account tab and adjusting your preferences under Account Information, or by following the directions provided with the communication or advertisement."[*]Disclosure to Other PayPal Customers

This section has been amended to clarify how your information is used when you use third parties to access the PayPal Services. Specifically, if you open a PayPal account directly on a third party website or via a third party application, your information may be shared with (and subject to the privacy policies of) that third party website or third party application. This section now reads as follows:

"If you are a registered PayPal user, your name, e-mail address, Skype ID (if applicable), phone number (if applicable) date of sign-up, the number of payments you have received from verified PayPal users, and whether you have been verified to have control of a bank account are made available to other PayPal customers whom you have paid or who are attempting to pay you through PayPal. If you are a Business account holder, we will also display to other PayPal customers the Web site address (URL) and customer service contact information that you provide us. In addition, this and other information may also be shared with third parties when you use these third parties to access the PayPal Services. However, your credit card number, bank account and other financial information will not be revealed to anyone whom you have paid or who has paid you through PayPal or third parties that use PayPal Services, except with your express permission or if we are required to do so pursuant to credit card rules, a court order or other legal process. If you are buying goods or services and pay through PayPal, we may provide the seller with the shipping address for the goods and your billing address to complete your transaction with the seller. If an attempt to pay your seller fails, or is later invalidated, we may also provide your seller with details of the unsuccessful payment. To facilitate dispute resolutions, we may provide a buyer with the seller's address so that goods can be returned to the seller.

We work with third parties, including merchants to enable them to accept or facilitate payments from or to you using PayPal. In doing so, a third party may share information about you with us such as your email address or mobile number, when a payment is sent to you or when you are attempting to pay that merchant or through that third party. We use this information to confirm that you are a PayPal customer and that PayPal can be enabled as a form of payment, or, where a payment is sent to you, to send you a notification that you have received a payment. Also, if you request that we validate your status as a PayPal customer with a third party, we will do so. Please note that merchants you buy from and contract with have their privacy policies, and PayPal may not be held responsible for their operations, including, but not limited to, their information practices.

By accepting this Privacy Policy, you expressly agree that each time you pay or attempt to pay another PayPal customer or a third party merchant by using your PayPal account, PayPal may then transfer the aforementioned relevant data to the other PayPal customer or to the third party merchant, who may be located outside the European Union, in order to process, execute or otherwise deal and provide information about the payment.

If you open a PayPal account directly on a third party website or via a third party application, any information that you enter on that website or application (and not directly through PayPal Services) will be shared with the owner of the third party website or application and your information may be subject to their privacy policies."[*]Disclosure to Third Parties other than PayPal Customers

Just like most banks or financial/payment service providers, PayPal works with third-party service providers. We need to disclose data to them so that the services our users have requested can be performed. These service providers provide important functions to us that allow us to be an easier, faster, and safer way to make payments.

In general, the Luxembourg laws to which PayPal's handling of user data is subject (data protection and bank secrecy) require a higher degree of transparency than most other EU laws. This is why, unlike the vast majority of providers of internet-based services or financial services in the EU, PayPal lists in its Privacy Policy every third party service provider to whom it discloses user data, together with the purpose of disclosure and type of information disclosed.

1. Paragraph b of this section has been amended to allow PayPal to disclose User information accordingly, in response to requirements of credit card rules (the rules set by payment card associations). This paragraph now reads as follows:

   "Disclose information in response to requirements of the credit card rules, civil or criminal legal process."

2. The Privacy Policy has been amended to allow PayPal to disclose certain PayPal customer information to additional third parties for the purposes set out in the table below.

Customer Service Outsourcing Convergys Customer Management Group Inc. (UK)To allow telephone and e-mail customer support servicesName, address, telephone number, email addresses, truncated and limited or full funding source information (case dependent), funding source expiration dates, type of PayPal account, proof of identity, account balance and transaction information, customer statements and reports, account correspondence, shipping information, promotional information.Credit Reference and Fraud Agencies Equifax Plc (UK), CRIBIS D&B S.r.l. (Italy).To verify identity, make decisions concerning a customer's credit worthiness, carry out checks for the prevention and detection of crime including fraud and/or money laundering, assist in debt recovery, manage PayPal accounts and undertake statistical analysis, undertake research as to appropriateness of new products and services and system checking. Data disclosed may be retained by the applicable credit reference and fraud agency for audit and fraud prevention purposes.Name, address, date of birth, time at address, telephone number, proof of identity, legal form, time in business, company registration number, VAT number, relevant transaction information (if appropriate).B¼rgel Wirtschaftsinformationen GmbH & Co. KG (Germany)To verify identityAll account informationFinancial Products PrePay Technologies Limited (trading as PrePay Solutions) (UK)

To conduct joint marketing campaigns for PayPal pre-paid card, risk and fraud modelling, enforce terms and conditions for PayPal prepaid cardName, address, e-mail, date of birth and account information Commercial Partnerships Trustwave (US)To provide customised services and assistance to Merchants using PayPal, to facilitate the process of becoming PCI DSS compliant.Name, e-mail address and PayPal account numberMarketing and public relations Northstar Research Partners (USA)To conduct customer service surveysName, e-mail address, type of account, type and nature of PayPal services offered or used and relevant transaction information.Text 100 AB (Sweden)To answer media enquiries regarding customer queriesName, address, all customer account information relevant to customer queriesSatmetrix Systems, Inc. (USA)To conduct customer service surveysName, e-mail address, type of account, type and nature of PayPal services offered or used and relevant transaction information.Acxiom France (France)To collect additional user information and better target marketing campaignsName, e-mail, address and phone number.Adelanto (France)To execute marketing campaigns for merchantsName of the merchant, name of the contact person, e-mail, address, merchant website URL, type and nature of PayPal services offered or used.Consultix (France and Spain) and Quadro Srl (Italy)To host information provided by merchants and display part of this information on the pages of the PayPal website listing websites accepting PayPal and proposing special offers to PayPal users.All information provided by merchants in connection with their use of these pages of the PayPal website (including in particular name of the merchant, name of the contact, email, logo and information relating to the promotion(s) offered to PayPal users).Operational services Blue Media S.A. (Poland)To verify identity and ensure that a user is a PayPal account holder. To process instant funding requests made by a user through the Blue Media services.Name, e-mail address.Consultix GmbH (Germany)To assist in the creation of PayPal Business Accounts for merchants on-boarding through their bank's payment gatewayAll information provided by the merchant (directly or via his bank) for the purpose of creating his PayPal business account (including without limitation email address, address, business name, business contact details and bank account details)

• Amendment to the PayPal Commercial Entity Agreements

This amendment only applies to Users who entered into the PayPal Commercial Entity Agreements before 13 July 2010 and is effective on the Effective Date. PayPal is not a party to the PayPal Commercial Entity Agreements.

HSBC and National Westminster Bank PLC have each amended their agreements that form part of the suite of PayPal Commercial Entity Agreements. The key change to the PayPal Commercial Entity Agreements is the amendment to the HSBC Bank Commercial Entity Agreement For Credit Card Processing Services, where HSBC Merchant Services LLP joins HSBC Bank plc as a party to that agreement.

Users who entered into the PayPal Commercial Entity Agreements on or after 13 July 2010 are already bound by the amended agreements. You can read the full text of the amended PayPal Commercial Entity Agreements here.

• Amendment to the PayPal Website Payments Pro and Virtual Terminal Agreement

This amendment only applies to Users who entered into the PayPal Website Payments Pro and Virtual Terminal Agreement before 10 August 2010 and is effective on the Effective Date.

The PayPal Website Payments Pro and Virtual Terminal Agreement has been amended to reflect the changes made to the schedule that contains (and incorporates by reference) the PayPal Commercial Entity Agreements. PayPal is not a party to the PayPal Commercial Entity Agreements.

Users who entered into the PayPal Website Payments Pro and Virtual Terminal Agreement on or after 10 August 2010 are already bound by the amended agreement. You can read the full text of the amended PayPal Website Payments Pro and Virtual Terminal Agreement here

[John Benson]

Yes, I had a quick look at it an hour or so ago, and it looks to me as if there will be a charge even for gift payments made using an existing paypal balance and using a bank account.

As well as the previous charge for credit card account payments as before.

There's probably something else lurking in there I've missed as well

[Docfish]

[Stevie]

Got this last night and really can't be arsed reading all 9 pages of it..

If someone who can could precis the pertinent parts that would be great

[Gigs]

your spot on there:thumbsup:

[Guest southpaw]

I'm on the verge of binning paypal know a few mates who have had bad service from them

[Mark Jones]

We can always send bank transfers...done that a few times when buying records here...no cost to seller then!

Pretty honest lot us soul sourcers...might be the better option.

[Dylan]

We can always send bank transfers...done that a few times when buying records here...no cost to seller then!

Pretty honest lot us soul sourcers...might be the better option.

its not free between countries though is it ? I'm sure I paid a fee when I did a bank transfer to Italy ??

[Benji]

its not free between countries though is it ? I'm sure I paid a fee when I did a bank transfer to Italy ??

Join the EURO-zone and it's free

In Germany, bank transfer within EURO-zone is free of charge/fee. Bank transfers outside EURO-zone but within EU zone are 25 cents/transfer if transfer currency is Euro. If transfer currency is e.g. GBP there's a rather hefty fee (e.g. 50 quid for an 850 quid transfer)

[Newer]

When I pay as a gift from Canada it just tacks the charges on to my payment, even if I am carrying a balance:(

[Diggin' Dave]

So has anyone managed to find out which actual changes will be implemented in the future?

[Larsc]

Pretty honest lot us soul sourcers...might be the better option.

The only time I've been robbed was while doing a purchase from a soul sourcer ...

[Sleeps45]

Anyone been through it yet to see how it will effect the way we pay using the gift button ??

Ian.

heres a message I got from paypal last week..

We recently changed our pricing so that all PayPal customers can receive

money from friends and family within the US for free. PayPal merchants

receiving money as payment for a purchase, continue to incur fees.

We're not sure if you are aware of this, but we noticed that some of

your customers are sending you personal payments for purchases.

Unfortunately, this violates our rules, and we need your help correcting

this. Please don't ask or allow your customers to use personal payments

to pay for their purchases.

If we continue to see such activity after Nov.17,2010, we may have to

disable your ability to receive personal payments, and then you will pay

fees for all money received through PayPal.

You can find more information about payment types and fees in sections

4.2 and 8 of our User Agreement - just click "Legal Agreements" at the

bottom of any PayPal page.

If you have any questions, concerns, or think we may have made a

mistake, please contact us at www.paypal.com/contactus. Thank you for

helping us resolve this matter.

Sincerely,

P2P Risk Team

PayPal

[Maark]

As someone who has traded abroad as long as I've been self employed, (25 years) Paypal is a bit of a godsend. Easy, fast payment. Ok, you have to pay a small % but I'd rather make a £100 sale losing £4.00 than not make the sale.

If you want an expensive way of taking credit cards, try Worldpay, it cost me more to use thier service than I made.

Some people just want something for nothing it seems.

Edited November 12, 2010 by Maark

[Mrtag]

:lol: :lol: