Liability for unauthorised transactions. If you are an individual, the ePayments Code and this part determines your liability for losses arising from an unauthorised transaction. We warrant that we will comply with the ePayments Code. You can review your transaction history at any time by logging in to your account and clicking Activity. It is important that you regularly access and review your transaction history and immediately contact us if you believe your account has been compromised. When you are not liable for loss You are not responsible for any loss resulting from an unauthorised transaction if: • The loss was due to fraud or negligence by any of our employees or agents, or employees or agents (including merchants) involved in the Electronic Fund Transfer network; • A security key or password was forged, faulty, expired or cancelled; • A transaction requiring the use of a security key and/or password occurred before the user received it (including a reissued security key and/or password); • A transaction was incorrectly debited more than once; or • An unauthorised transaction was performed after we were informed that a security key had been misused, lost or stolen or that the security of a password had been breached. When you are liable for loss You are responsible for losses arising from an unauthorised transaction where we can prove on the balance of probability that you contributed to a loss through fraud or by breaching the password security requirements (see Safety and Security Guidelines). You will be liable in full for the actual losses that occur before the loss, theft or misuse of a security key or breach of password security is reported to us. Where we can prove on the balance of probability that you contributed to losses resulting from an unauthorised transaction by unreasonably delaying reporting the misuse, loss or theft of a security key or breach of password security, you are liable for the actual losses that occur between: • When you became aware of the security compromise or should reasonably have become aware of it. • When the security compromise was reported to us. To the extent required by the ePayments Code, you will not be responsible for any loss suffered because PayPal accepted your instructions but failed to complete a payment due to a malfunction. If PayPal malfunctions and you should have been aware that our service was unavailable or malfunctioning, we will only be responsible for correcting errors in your accounts and refunding any associated fees or charges. Limits on your liability for losses Even when you are liable for losses, you will not be liable for the portion of losses incurred in any period that exceeds the applicable period's sending and/or withdrawal limits. Where a security key or password was required to perform an unauthorised transaction and none of the above applies, you are liable for the least of: • $150, or a lower figure determined by us; • The accessed balance of your account; or • The actual loss at the time that the misuse, loss or theft of a device or breach of security key or password is reported to us, excluding that portion of the losses incurred on any one day which exceeds any relevant daily transaction or other periodic transaction limit. Notifying PayPal of errors and unauthorised transactions If you believe there has been an error or unauthorised transaction, notify us as soon as possible by contacting us. If you initially provide information to us by phone, we may also need you to send your complaint or question in writing within 10 business days. In this circumstance, please complete and mail the declaration as directed by the PayPal customer service representative. It may take up to 45 days to investigate your complaint or question. Once we have completed our investigation we'll advise you of the results within 3 business days. If we determine that there was no error we will send you a written explanation and may debit any provisional credit and fees related to the alleged error. You can request copies of the documents we used in our investigation. However, in some circumstances, we may not be able to provide these to you for legal reasons, including where that information or documentation contains private information we are not entitled to disclose. Confidentiality We will disclose information to third parties about your PayPal account or the transactions you complete with it only in accordance with our Privacy Statement. Reporting an Unauthorised Transaction Contact us immediately if you believe your PayPal login information has been lost or stolen, or if you believe that an electronic fund transfer has been made without your permission using your login information. You could lose all the money in your PayPal account. If you tell us within 60 days after we provide you your PayPal account statement showing transfers you did not make, you will be eligible for 100% protection for Unauthorised Transactions.
Appears in 11 contracts
Samples: Paypal User Agreement, Paypal User Agreement, Paypal User Agreement
Liability for unauthorised transactions. If you are an individual, the ePayments Code and this part determines your liability for losses arising from an unauthorised transaction. We warrant that we will comply with the ePayments Code. You can review your transaction history at any time by logging in to your account and clicking Activity. It is important that you regularly access and review your transaction history and immediately contact us if you believe your account has been compromised. When you are not liable for loss You are not responsible for any loss resulting from an unauthorised transaction if: • The loss was due to fraud or negligence by any of our employees or agents, or employees or agents (including merchants) involved in the Electronic Fund Transfer network; • A security key or password was forged, faulty, expired or cancelled; • A transaction requiring the use of a security key and/or password occurred before the user received it (including a reissued security key and/or password); • A transaction was incorrectly debited more than once; or • An unauthorised transaction was performed after we were informed that a security key had been misused, lost or stolen or that the security of a password had been breached. When you are liable for loss You are responsible for losses arising from an unauthorised transaction where we can prove on the balance of probability that you contributed to a loss through fraud or by breaching the password security requirements (see Safety and Security Guidelines). You will be liable in full for the actual losses that occur before the loss, theft or misuse of a security key or breach of password security is reported to us. Where we can prove on the balance of probability that you contributed to losses resulting from an unauthorised transaction by unreasonably delaying reporting the misuse, loss or theft of a security key or breach of password security, you are liable for the actual losses that occur between: • When you became aware of the security compromise or should reasonably have become aware of it. • When the security compromise was reported to us. To the extent required by the ePayments Code, you will not be responsible for any loss suffered because PayPal accepted your instructions but failed to complete a payment due to a malfunction. If PayPal malfunctions and you should have been aware that our service was unavailable or malfunctioning, we will only be responsible for correcting errors in your accounts and refunding any associated fees or charges. Limits on your liability for losses Even when you are liable for losses, you will not be liable for the portion of losses incurred in any period that exceeds the applicable period's ’s sending and/or withdrawal limits. Where a security key or password was required to perform an unauthorised transaction and none of the above applies, you are liable for the least of: • $150, or a lower figure determined by us; • The accessed balance of your account; or • The actual loss at the time that the misuse, loss or theft of a device or breach of security key or password is reported to us, excluding that portion of the losses incurred on any one day which exceeds any relevant daily transaction or other periodic transaction limit. Notifying PayPal of errors and unauthorised transactions If you believe there has been an error or unauthorised transaction, notify us as soon as possible by contacting us. If you initially provide information to us by phone, we may also need you to send your complaint or question in writing within 10 business days. In this circumstance, please complete and mail the declaration as directed by the PayPal customer service representative. It may take up to 45 days to investigate your complaint or question. Once we have completed our investigation we'll ’ll advise you of the results within 3 business days. If we determine that there was no error we will send you a written explanation and may debit any provisional credit and fees related to the alleged error. You can request copies of the documents we used in our investigation. However, in some circumstances, we may not be able to provide these to you for legal reasons, including where that information or documentation contains private information we are not entitled to disclose. Confidentiality We will disclose information to third parties about your PayPal account or the transactions you complete with it only in accordance with our Privacy Statement. Reporting an Unauthorised Transaction Contact us immediately if you believe your PayPal login information has been lost or stolen, or if you believe that an electronic fund transfer has been made without your permission using your login information. You could lose all the money in your PayPal account. If you tell us within 60 days after we provide you your PayPal account statement showing transfers you did not make, you will be eligible for 100% protection for Unauthorised Transactions.
Appears in 4 contracts
Samples: Paypal User Agreement, Paypal User Agreement, www.paypalobjects.com
Liability for unauthorised transactions. If you are an individual, the ePayments Code and this part determines your liability for losses arising from an unauthorised transaction. We warrant that we will comply with the ePayments Code. You can review your transaction history at any time by logging in to your account and clicking Activity. It is important that you regularly access and review your transaction history and immediately contact us if you believe your account has been compromised. When you are not liable for loss You are not responsible for any loss resulting from an unauthorised transaction if: • The loss was due to fraud or negligence by any of our employees or agents, or employees or agents (including merchants) involved in the Electronic Fund Transfer network; • A security key or password was forged, faulty, expired or cancelled; • A transaction requiring the use of a security key and/or password occurred before the user received it (including a reissued security key and/or password); • A transaction was incorrectly debited more than once; or • An unauthorised transaction was performed after we were informed that a security key had been misused, lost or stolen or that the security of a password had been breached. When you are liable for loss You are responsible for losses arising from an unauthorised transaction where we can prove on the balance of probability that you contributed to a loss through fraud or by breaching the password security requirements (see Safety and Security Guidelines). You will be liable in full for the actual losses that occur before the loss, theft or misuse of a security key or breach of password security is reported to us. Where we can prove on the balance of probability that you contributed to losses resulting from an unauthorised transaction by unreasonably delaying reporting the misuse, loss or theft of a security key or breach of password security, you are liable for the actual losses that occur between: • When you became aware of the security compromise or should reasonably have become aware of it. • When the security compromise was reported to us. To the extent required by the ePayments Code, you will not be responsible for any loss suffered because PayPal accepted your instructions but failed to complete a payment due to a malfunction. If PayPal malfunctions and you should have been aware that our service was unavailable or malfunctioning, we will only be responsible for correcting errors in your accounts and refunding any associated fees or charges. Limits on your liability for losses Even when you are liable for losses, you will not be liable for the portion of losses incurred in any period that exceeds the applicable period's ’s sending and/or withdrawal limits. Where a security key or password was required to perform an unauthorised transaction and none of the above applies, you are liable for the least of: • $150, or a lower figure determined by us; • The accessed balance of your account; or • The actual loss at the time that the misuse, loss or theft of a device or breach of security key or password is reported to us, excluding that portion of the losses incurred on any one day which exceeds any relevant daily transaction or other periodic transaction limit. Notifying PayPal of errors and unauthorised transactions If you believe there has been an error or unauthorised transaction, notify us as soon as possible by contacting us. If you initially provide information to us by phone, we may also need you to send your complaint or question in writing within 10 business days. In this circumstance, please complete and mail the declaration as directed by the PayPal customer service representative. It may take up to 45 days to investigate your complaint or question. Once we have completed our investigation we'll ’ll advise you of the results within 3 business days. If we determine that there was no error we will send you a written explanation and may debit any provisional credit and fees related to the alleged error. You can request copies of the documents we used in our investigation. However, in some circumstances, we may not be able to provide these to you for legal reasons, including where that information or documentation contains private information we are not entitled to disclose. Confidentiality We will disclose information to third parties about your PayPal account or the transactions you complete with it only in accordance with our Privacy Statement. Reporting an Unauthorised Transaction Contact us immediately if you believe your PayPal login information has been lost or stolen, or if you believe that an electronic fund transfer has been made without your permission using your login information. You could lose all the money in your PayPal account. If you tell us within 60 days after we provide you your PayPal account statement showing transfers you did not make, you will be eligible for 100% protection for Unauthorised Transactions. Processing Errors We will rectify any processing error that we discover. If the error results in: • You receiving less than the correct amount to which you were entitled, then we will credit your PayPal account for the difference between what you should have received and what you actually received. • You receiving more than the correct amount to which you were entitled, then we will debit your PayPal account for the difference between what you actually received and what you should have received. • Our not completing a transaction on time or in the correct amount, then we will be responsible to you for your losses or damages directly caused by this failure, unless: • through no fault of ours, you did not have enough available funds to complete the transaction; • our system was not working properly and you knew about the breakdown when you started the transaction; or • the error was due to extraordinary circumstances outside our control (such as fire, flood or loss of Internet connection), despite our reasonable precautions. Processing errors are not: • Delays that result from PayPal applying holds, limitations or reserves. • Delays based on a payment review. • Delays described under How to buy something related to the time it may take for a purchase transaction to be completed in some situations. • Your errors in making a transaction (for example, mistyping an amount of money that you are sending). Communications Between You and Us This agreement and any other agreements you have with us may be provided electronically. PayPal may communicate with you about your PayPal account and the PayPal services electronically. You will be considered to have received a communication from us, if it’s delivered electronically, 24 hours after the time we email it to you. You will be considered to have received a communication from us, if it’s delivered by mail, 3 business days after we send it. Except as otherwise set out in this agreement, written notices to PayPal must be sent by postal mail to: XxxXxx Xxxxxxxxx XXX Xxx 000 Xxxxxx XXX 0000 PayPal's Rights PayPal suspension and termination rights PayPal, in its sole discretion and acting reasonably, may • Terminate or suspend an account immediately for any material breach of the agreement or the Acceptable Use Policy or breach of any law, or where PayPal forms a reasonable belief that the account poses an unacceptably high risk to it or to other users; or • Terminate or suspend an account at any time so as to protect its legitimate interests, including if it is unable to continue to offer the services to a user, subject to the provision of reasonable notice.
Appears in 3 contracts
Samples: Paypal User Agreement, Paypal User Agreement, www.paypalobjects.com
Liability for unauthorised transactions. If you are an individual, the ePayments Code and this part determines your liability for losses arising from an unauthorised transaction. We warrant that we will comply with the ePayments Code. You can review your transaction history at any time by logging in to your account and clicking Activity. It is important that you regularly access and review your transaction history and immediately contact us if you believe your account has been compromised. When you are not liable for loss You are not responsible for any loss resulting from an unauthorised transaction if: • The loss was due to fraud or negligence by any of our employees or agents, or employees or agents (including merchants) involved in the Electronic Fund Transfer network; • A security key or password was forged, faulty, expired or cancelled; • A transaction requiring the use of a security key and/or password occurred before the user received it (including a reissued security key and/or password); • A transaction was incorrectly debited more than once; or • An unauthorised transaction was performed after we were informed that a security key had been misused, lost or stolen or that the security of a password had been breached. When you are liable for loss You are responsible for losses arising from an unauthorised transaction where we can prove on the balance of probability that you contributed to a loss through fraud or by breaching the password security requirements (see Safety and Security Guidelines). You will be liable in full for the actual losses that occur before the loss, theft or misuse of a security key or breach of password security is reported to us. Where we can prove on the balance of probability that you contributed to losses resulting from an unauthorised transaction by unreasonably delaying reporting the misuse, loss or theft of a security key or breach of password security, you are liable for the actual losses that occur between: • When you became aware of the security compromise or should reasonably have become aware of it. • When the security compromise was reported to us. To the extent required by the ePayments Code, you will not be responsible for any loss suffered because PayPal accepted your instructions but failed to complete a payment due to a malfunction. If PayPal malfunctions and you should have been aware that our service was unavailable or malfunctioning, we will only be responsible for correcting errors in your accounts and refunding any associated fees or charges. Limits on your liability for losses Even when you are liable for losses, you will not be liable for the portion of losses incurred in any period that exceeds the applicable period's ’s sending and/or withdrawal limits. Where a security key or password was required to perform an unauthorised transaction and none of the above applies, you are liable for the least of: • $150, or a lower figure determined by us; • The accessed balance of your account; or • The actual loss at the time that the misuse, loss or theft of a device or breach of security key or password is reported to us, excluding that portion of the losses incurred on any one day which exceeds any relevant daily transaction or other periodic transaction limit. Notifying PayPal of errors and unauthorised transactions If you believe there has been an error or unauthorised transaction, notify us as soon as possible by contacting us. If you initially provide information to us by phone, we may also need you to send your complaint or question in writing within 10 business days. In this circumstance, please complete and mail the declaration as directed by the PayPal customer service representative. It may take up to 45 days to investigate your complaint or question. Once we have completed our investigation we'll ’ll advise you of the results within 3 business days. If we determine that there was no error we will send you a written explanation and may debit any provisional credit and fees related to the alleged error. You can request copies of the documents we used in our investigation. However, in some circumstances, we may not be able to provide these to you for legal reasons, including where that information or documentation contains private information we are not entitled to disclose. Confidentiality We will disclose information to third parties about your PayPal account or the transactions you complete with it only in accordance with our Privacy Statement. Reporting an Unauthorised Transaction Contact us immediately if you believe your PayPal login information has been lost or stolen, or if you believe that an electronic fund transfer has been made without your permission using your login information. You could lose all the money in your PayPal account. If you tell us within 60 days after we provide you your PayPal account statement showing transfers you did not make, you will be eligible for 100% protection for Unauthorised Transactions.
Appears in 2 contracts
Samples: Paypal User Agreement, User Agreement
Liability for unauthorised transactions. If you are an individual, the ePayments Code and this part determines your liability for losses arising from an unauthorised transaction. We warrant that we will comply with the ePayments Code. You can review your transaction history at any time by logging in to your account and clicking Activity. It is important that you regularly access and review your transaction history and immediately contact us if you believe your account has been compromised. When you are not liable for loss You are not responsible for any loss resulting from an unauthorised transaction if: • The loss was due to fraud or negligence by any of our employees or agents, or employees or agents (including merchants) involved in the Electronic Fund Transfer network; • A security key or password was forged, faulty, expired or cancelled; • A transaction requiring the use of a security key and/or password occurred before the user received it (including a reissued security key and/or password); • A transaction was incorrectly debited more than once; or • An unauthorised transaction was performed after we were informed that a security key had been misused, lost or stolen or that the security of a password had been breached. When you are liable for loss You are responsible for losses arising from an unauthorised transaction where we can prove on the balance of probability that you contributed to a loss through fraud or by breaching the password security requirements (see Safety and Security Guidelines). You will be liable in full for the actual losses that occur before the loss, theft or misuse of a security key or breach of password security is reported to us. Where we can prove on the balance of probability that you contributed to losses resulting from an unauthorised transaction by unreasonably delaying reporting the misuse, loss or theft of a security key or breach of password security, you are liable for the actual losses that occur between: • When you became aware of the security compromise or should reasonably have become aware of it. • When the security compromise was reported to us. To the extent required by the ePayments Code, you will not be responsible for any loss suffered because PayPal accepted your instructions but failed to complete a payment due to a malfunction. If PayPal malfunctions and you should have been aware that our service was unavailable or malfunctioning, we will only be responsible for correcting errors in your accounts and refunding any associated fees or charges. Limits on your liability for losses Even when you are liable for losses, you will not be liable for the portion of losses incurred in any period that exceeds the applicable period's ’s sending and/or withdrawal limits. Where a security key or password was required to perform an unauthorised transaction and none of the above applies, you are liable for the least of: • $150, or a lower figure determined by us; • The accessed balance of your account; or • The actual loss at the time that the misuse, loss or theft of a device or breach of security key or password is reported to us, excluding that portion of the losses incurred on any one day which exceeds any relevant daily transaction or other periodic transaction limit. Notifying PayPal of errors and unauthorised transactions If you believe there has been an error or unauthorised transaction, notify us as soon as possible by contacting us. If you initially provide information to us by phone, we may also need you to send your complaint or question in writing within 10 business days. In this circumstance, please complete and mail the declaration as directed by the PayPal customer service representative. It may take up to 45 days to investigate your complaint or question. Once we have completed our investigation we'll ’ll advise you of the results within 3 business days. If we determine that there was no error we will send you a written explanation and may debit any provisional credit and fees related to the alleged error. You can request copies of the documents we used in our investigation. However, in some circumstances, we may not be able to provide these to you for legal reasons, including where that information or documentation contains private information we are not entitled to disclose. Confidentiality We will disclose information to third parties about your PayPal account or the transactions you complete with it only in accordance with our Privacy Statement. Reporting an Unauthorised Transaction Contact us immediately if you believe your PayPal login information has been lost or stolen, or if you believe that an electronic fund transfer has been made without your permission using your login information. You could lose all the money in your PayPal account. If you tell us within 60 days after we provide you your PayPal account statement showing transfers you did not make, you will be eligible for 100% protection for Unauthorised Transactions.
Appears in 1 contract
Samples: www.paypalobjects.com
Liability for unauthorised transactions. If you are an individual, the ePayments Code and this part determines your liability for losses arising from an unauthorised transaction. We warrant that we will comply with the ePayments Code. You can review your transaction history at any time by logging in to your account and clicking Activity. It is important that you regularly access and review your transaction history and immediately contact us if you believe your account has been compromised. When you are not liable for loss You are not responsible for any loss resulting from an unauthorised transaction if: • The loss was due to fraud or negligence by any of our employees or agents, or employees or agents (including merchants) involved in the Electronic Fund Transfer network; • A security key or password was forged, faulty, expired or cancelled; • A transaction requiring the use of a security key and/or password occurred before the user received it (including a reissued security key and/or password); • A transaction was incorrectly debited more than once; or • An unauthorised transaction was performed after we were informed that a security key had been misused, lost or stolen or that the security of a password had been breached. When you are liable for loss You are responsible for losses arising from an unauthorised transaction where we can prove on the balance of probability that you contributed to a loss through fraud or by breaching the password security requirements (see Safety and Security Guidelines). You will be liable in full for the actual losses that occur before the loss, theft or misuse of a security key or breach of password security is reported to us. Where we can prove on the balance of probability that you contributed to losses resulting from an unauthorised transaction by unreasonably delaying reporting the misuse, loss or theft of a security key or breach of password security, you are liable for the actual losses that occur between: • When you became aware of the security compromise or should reasonably have become aware of it. • When the security compromise was reported to us. To the extent required by the ePayments Code, you will not be responsible for any loss suffered because PayPal accepted your instructions but failed to complete a payment due to a malfunction. If PayPal malfunctions and you should have been aware that our service was unavailable or malfunctioning, we will only be responsible for correcting errors in your accounts and refunding any associated fees or charges. Limits on your liability for losses Even when you are liable for losses, you will not be liable for the portion of losses incurred in any period that exceeds the applicable period's ’s sending and/or withdrawal limits. Where a security key or password was required to perform an unauthorised transaction and none of the above applies, you are liable for the least of: • $150, or a lower figure determined by us; • The accessed balance of your account; or • The actual loss at the time that the misuse, loss or theft of a device or breach of security key or password is reported to us, excluding that portion of the losses incurred on any one day which exceeds any relevant daily transaction or other periodic transaction limit. Notifying PayPal of errors and unauthorised transactions If you believe there has been an error or unauthorised transaction, notify us as soon as possible by contacting us. If you initially provide information to us by phone, we may also need you to send your complaint or question in writing within 10 business days. In this circumstance, please complete and mail the declaration as directed by the PayPal customer service representative. It may take up to 45 days to investigate your complaint or question. Once we have completed our investigation we'll ’ll advise you of the results within 3 business days. If we determine that there was no error we will send you a written explanation and may debit any provisional credit and fees related to the alleged error. You can request copies of the documents we used in our investigation. However, in some circumstances, we may not be able to provide these to you for legal reasons, including where that information or documentation contains private information we are not entitled to disclose. Confidentiality We will disclose information to third parties about your PayPal account or the transactions you complete with it only in accordance with our Privacy Statement. Reporting an Unauthorised Transaction Contact us immediately if you believe your PayPal login information has been lost or stolen, or if you believe that an electronic fund transfer has been made without your permission using your login information. You could lose all the money in your PayPal account. If you tell us within 60 days after we provide you your PayPal account statement showing transfers you did not make, you will be eligible for 100% protection for Unauthorised Transactions. Processing Errors We will rectify any processing error that we discover. If the error results in: • You receiving less than the correct amount to which you were entitled, then we will credit your PayPal account for the difference between what you should have received and what you actually received. • You receiving more than the correct amount to which you were entitled, then we will debit your PayPal account for the difference between what you actually received and what you should have received. • Our not completing a transaction on time or in the correct amount, then we will be responsible to you for your losses or damages directly caused by this failure, unless: • through no fault of ours, you did not have enough available funds to complete the transaction; • our system was not working properly and you knew about the breakdown when you started the transaction; or • the error was due to extraordinary circumstances outside our control (such as fire, flood or loss of Internet connection), despite our reasonable precautions. Processing errors are not: • Delays that result from PayPal applying holds, limitations or reserves. • Delays based on a payment review. • Delays described under How to buy something related to the time it may take for a purchase transaction to be completed in some situations. • Your errors in making a transaction (for example, mistyping an amount of money that you are sending). Other Legal Terms Communications Between You and Us This agreement and any other agreements you have with us may be provided electronically. PayPal may communicate with you about your PayPal account and the PayPal services electronically. You will be considered to have received a communication from us, if it’s delivered electronically, 24 hours after the time we email it to you. You will be considered to have received a communication from us, if it’s delivered by mail, 3 business days after we send it. Except as otherwise set out in this agreement, written notices to PayPal must be sent by postal mail to: PayPal Australia GPO Box 351 Sydney NSW 2001 PayPal's Rights PayPal suspension and termination rights PayPal, in its sole discretion and acting reasonably, may • Terminate or suspend an account immediately for any material breach of the agreement or the Acceptable Use Policy or breach of any law, or where PayPal forms a reasonable belief that the account poses an unacceptably high risk to it or to other users; or • Terminate or suspend an account at any time so as to protect its legitimate interests, including if it is unable to continue to offer the services to a user, subject to the provision of reasonable notice.
Appears in 1 contract
Samples: Paypal User Agreement
Liability for unauthorised transactions. If you are an individual, the ePayments Code and this part determines your liability for losses arising from an unauthorised transaction. We warrant that we will comply with the ePayments Code. You can review your transaction history at any time by logging in to your account and clicking Activity. It is important that you regularly access and review your transaction history and immediately contact us if you believe your account has been compromised. When you are not liable for loss You are not responsible for any loss resulting from an unauthorised transaction if: • The loss was due to fraud or negligence by any of our employees or agents, or employees or agents (including merchants) involved in the Electronic Fund Transfer network; • A security key or password was forged, faulty, expired or cancelled; • A transaction requiring the use of a security key and/or password occurred before the user received it (including a reissued security key and/or password); • A transaction was incorrectly debited more than once; or • An unauthorised transaction was performed after we were informed that a security key had been misused, lost or stolen or that the security of a password had been breached. When you are liable for loss You are responsible for losses arising from an unauthorised transaction where we can prove on the balance of probability that you contributed to a loss through fraud or by breaching the password security requirements (see Safety and Security Guidelines). You will be liable in full for the actual losses that occur before the loss, theft or misuse of a security key or breach of password security is reported to us. Where we can prove on the balance of probability that you contributed to losses resulting from an unauthorised transaction by unreasonably delaying reporting the misuse, loss or theft of a security key or breach of password security, you are liable for the actual losses that occur between: • When you became aware of the security compromise or should reasonably have become aware of it. • When the security compromise was reported to us. To the extent required by the ePayments Code, you will not be responsible for any loss suffered because PayPal accepted your instructions but failed to complete a payment due to a malfunction. If PayPal malfunctions and you should have been aware that our service was unavailable or malfunctioning, we will only be responsible for correcting errors in your accounts and refunding any associated fees or charges. Limits on your liability for losses Even when you are liable for losses, you will not be liable for the portion of losses incurred in any period that exceeds the applicable period's sending and/or withdrawal limits. Where a security key or password was required to perform an unauthorised transaction and none of the above applies, you are liable for the least of: • $150, or a lower figure determined by us; • The accessed balance of your account; or • The actual loss at the time that the misuse, loss or theft of a device or breach of security key or password is reported to us, excluding that portion of the losses incurred on any one day which exceeds any relevant daily transaction or other periodic transaction limit. Notifying PayPal of errors and unauthorised transactions If you believe there has been an error or unauthorised transaction, notify us as soon as possible by contacting us. If you initially provide information to us by phone, we may also need you to send your complaint or question in writing within 10 business days. In this circumstance, please complete and mail the declaration as directed by the PayPal customer service representative. It may take up to 45 days to investigate your complaint or question. Once we have completed our investigation we'll advise you of the results within 3 business days. If we determine that there was no error we will send you a written explanation and may debit any provisional credit and fees related to the alleged error. You can request copies of the documents we used in our investigation. However, in some circumstances, we may not be able to provide these to you for legal reasons, including where that information or documentation contains private information we are not entitled to disclose. Confidentiality We will disclose information to third parties about your PayPal account or the transactions you complete with it only in accordance with our Privacy Statement. Reporting an Unauthorised Transaction Contact us immediately if you believe your PayPal login information has been lost or stolen, or if you believe that an electronic fund transfer has been made without your permission using your login information. You could lose all the money in your PayPal account. If you tell us within 60 days after we provide you your PayPal account statement showing transfers you did not make, you will be eligible for 100% protection for Unauthorised Transactions.
Appears in 1 contract
Samples: Paypal User Agreement
