Last updated on 15 October 2024
Last updated on 15 October 2024
This PayPal Online Card Payment Services Agreement (“Card Agreement”) is a contract between you (also referred to as the “Merchant”) and PayPal Australia Pty Ltd ABN 93 111 195 389, AFSL 304 962 ("PayPal", "we", "us" or "our" as the context may require). You agree that any use by you of the Services (as defined in clause 4(a)) that we offer to you will constitute your acceptance of this Card Agreement and we recommend that you store or print-off a copy of this Card Agreement.
This Card Agreement applies to your use of the following products (“Products”). To proceed with obtaining one or more of the Products below, you must read, agree with and accept the terms and conditions contained in this Card Agreement.
The Products are:
Each of the Products above includes one or more of the online card payment services APIs, being:
We may make changes to this Card Agreement by giving notice of such change by posting a revised version of this Card Agreement on the PayPal website(s). You will be deemed to have accepted the change after you have received notice of it. We will give you 30 days’ notice of any change with the change taking effect once the 30 day notice period has passed. The 30 day notice period will not apply where a change relates to the addition of a new service, extra functionality to the existing Service or any other change which we believe in our reasonable opinion to neither reduce your existing rights nor increase your responsibilities. In such instances, the change will be made without notice to you and will be effective immediately upon effective date.
If you do not agree with any changes to this Card Agreement, you may terminate this Card Agreement as set out in clause 7. If you do not object to a change by closing your Account within the 30 day notice period, you will be deemed to have accepted it. While you may close your Account at any time and without charge, please note that you may still be liable to us after you terminate this Card Agreement for any liabilities you may have incurred and are responsible for prior to terminating this Card Agreement and please further note our rights under the User Agreement.
Capitalised terms are defined below. Please view, download and save this Card Agreement.
If we allow you to receive payments from American Express cards, this section below applies to you.
You acknowledge and agree that the third-party features and terms are provided, updated and noticed solely by the relevant third party (not PayPal), and that PayPal will under no circumstances be responsible or liable for any damages, losses, or costs whatsoever suffered or incurred by you resulting from any use of such third-party features or acceptance of such third-party terms.
PayPal utilises services from banking partners in processing Card Transactions, including both direct payments to you from a card as well as Card Transactions that fund a PayPal payment to you. Schedule 2 below applies in relation to those services. In accepting this Card Agreement, you also accept the terms for Card Transactions in Schedule 2, the terms of which form part of this Card Agreement.
If you are offered and choose to use the Fraud Protection product, the terms in Schedule 3 below will apply to your use of that functionality.
Capitalised terms not listed in this clause are defined in the User Agreement or above in this Card Agreement.
Data Security Requirements
At PayPal’s request, Merchant must provide PayPal with evidence to PayPal’s satisfaction that it is in compliance with PCI DSS. Merchant acknowledges and agrees that nothing in this Card Agreement nor PayPal providing PayPal Payment Pro and/or Virtual Terminal services will constitute compliance by the Merchant to the PCI DSS whether via a third party “Qualified Security Assessor” and such compliance services are not provided under the scope of this Card Agreement. Merchant agrees to independently arrange evidence from a Qualified Security Assessor or otherwise to PayPal’s satisfaction.
When processing the personal data of cardholders whose transaction data Merchant submits to PayPal, PayPal will
Card Agreements PayPal uses services from WorldPay UK Limited and HSBC/Global Payments in processing card transactions. The relevant card agreements are located in the Commercial Entity Agreements. (Commercial Entity Agreement for PayPal Payment Card Funded Processing Services).
Terms of Use of the Fraud Protection Tool
The Fraud Protection tool is made available to you as a fraudulent transaction management tool to help you screen potentially fraudulent transactions based on the settings you adopt in the Fraud Protection tool. The tool allows you to set filter rules, e.g. to instruct us about which transactions the tool shall decline on your behalf based on various criteria.
You may choose one of the following as a Fraud Protection tool for your ACDC transactions:
For more information on Fraud Protection Standard and Fraud Protection Advanced, please visit our website at www.paypal.com/au. For information on fees applicable to the Fraud Protection tool, please see our CFSGPDS.
In order to use a Fraud Protection tool, you must follow our instructions to actively turn on and integrate the tool. If you are provided access to a Fraud Protection tool, then it is your responsibility to set the filter rules. Please note: If you set these filter rules too restrictively, you might lose sales volume. It is your responsibility to monitor your filter rules and settings on an ongoing basis, and to determine which transactions the Fraud Protection tool will accept or reject based on the authentication information provided to you.
We may provide tips regarding what filters and settings in the Fraud Protection tool you may wish to use that may be appropriate for your business. These suggestions take into account your past transaction history.
Notwithstanding the above, it is your responsibility to determine, assess, and ultimately set the final filter rules for your transactions under the Fraud Protection tool.
We do not represent or warrant that the Fraud Protection tool is error-free or that it will identify all potentially fraudulent transaction activity. This is simply a tool that can assist you with identifying potential fraudulent transactions based on the filters that you have selected for your business.
We are not liable for your losses (such as loss of profits) or damages arising from or related to your use of the Fraud Protection tool, to the extent that applicable law allows.
You may only use the Fraud Protection for the purpose of your management of fraud risk and for no other purpose.
You may not share use of the Fraud Protection tool with any other person, nor may you disclose to any person the categories provided in the Fraud Protection or the results generated from your use of the Fraud Protection.
Despite your settings on the Fraud Protection tool, we always retain the right to decline or suspend any transaction pursuant to the terms of the User Agreement.
These terms supplement the User Agreement that governs your use of our services in general. The definition of our Services in the User Agreement, when read together with these terms, includes the Fraud Protection tool, when applicable.
We may amend, delete or add to these terms in line with any change process set out in the User Agreement. If you do not agree with any change, you may terminate these terms.
You may terminate these terms under this Schedule 3 at any time by removing the Fraud Protection tool from your integration and following any other integration-related steps which we may make available to you. This lets you stop using the Fraud Protection tool, but otherwise your Account remains open and the User Agreement (and any other relevant agreements relating to the provision of Services to you) remains in effect.
We may, with reasonable prior notice, suspend your use of the Fraud Protection tool if there's a material breach of our User Agreement or this Agreement, or we believe that there is a risk associated with you or your account.
These terms survive any termination to the extent and for so long as we require to: (i) deal with matters arising from your use of the Fraud Protection prior to termination; and/or (ii) comply with applicable laws and regulations.
If you have successfully enabled Fraud Protection Advanced, then the following will be applicable to you:
If you use Advanced Credit and Debit Card Payments, you may be able to enroll in our Account Updater Service.
a. Description. Subject to the terms of this Schedule 4, the Account Updater Service allows PayPal to send the applicable Card Data of eligible cards to one or more third party sources (including, but not limited to, the Card Associations), and use information available to PayPal, to check and update the applicable Card Data. Following these checks, the applicable updated Card Data relating to Merchant’s customers, if any, is processed and stored by PayPal at Merchant’s direction and on the Merchant’s behalf for (i) recurring transactions or (ii) other eligible transactions using the Services. PayPal will either provide Merchants with email notification that the Account Updater Service has been activated on such Merchants’ account(s) or allow Merchants to enable the Account Updater Service on their account(s) through their PayPal account settings. Merchants may elect to discontinue use of the Account Updater Service at any time by providing written notice to PayPal of such election or by such other means as may be determined by PayPal regarding the requirements for such Merchants to discontinue use of the Account Updater Service.
b. Permitted Use. Merchant acknowledges and agrees that the Account Updater Service is provided solely for the purpose of updating applicable Card Data to enable Merchant’s acceptance of transactions using the applicable Products. Merchant shall not use the Account Updater Service for any other purpose, including, without limitation, the use of any portion of the Account Updater Service data in connection with the development of any other service or product.
c. Merchant Obligations. Merchant shall fully comply with applicable law and the card scheme rules in connection with its use of the Account Updater Service. Further, Merchant shall provide its customers, whose card(s) is/are eligible for the Account Updater Service, with all disclosures required under applicable law to enable Merchant to use the Account Updater Service to update the customer’s Card(s). The foregoing shall include, but shall not be limited to, incorporating promptly into Merchant’s standard terms and conditions, privacy policy, and/or other customer facing documentation, any language required by applicable law or the card scheme rules. Merchant shall also provide adequate disclosures to make clear to customers that if they do not want their applicable Card Data updated, they may request Merchant to remove their card that is being stored by PayPal and/or terminate their recurring transaction agreement with Merchant.
d. Accuracy of Information. Merchant acknowledges that the Account Updater Service may only be accurate to the extent a card issuing bank and a customer participate, and that many card issuing banks and customers may not participate. Merchant acknowledges and agrees that the Account Updater Service may rely upon information, Card Data, and services provided to PayPal by third parties.
e. Confidentiality. You agree that you shall keep all information and Card Data provided through the Account Updater Service, if any, strictly confidential. You may not disclose any such information or Card Data to any third party and you may not use such information or Card Data for any purpose other than as may be expressly permitted.
f. Indemnification. You shall indemnify PayPal against any loss arising as a result of a breach by you of your obligations under this Schedule 4 for use of the Account Updater Service.
g. Cessation and Availability of Account Updater Service. PayPal may immediately cease offering or providing the Account Updater Service to Merchants at any time upon email notice to Merchants. PayPal does not ensure that the Account Updater Service will be available for all Card Data.
If you are using the Recurring Payments feature or vaulting functionality (including the Vaulting Tool or any available third-party vaulting functionality), you agree that it is your responsibility to comply with Card Association Rules and applicable law, including but not limited to obtaining your customer’s consent to store their card on file for future or recurring transactions and making available a mechanism for your customer to delete their card on file. You acknowledge and agree that third-party vaulting functionality is provided and updated solely by the third-party vault provider. You are solely responsible for your use of such third-party vaulting functionality. PayPal will, under no circumstances, be responsible or liable for any damages, losses or costs whatsoever suffered or incurred by you as a result of any use of such third-party vaulting functionality.