Common use of Actions We May Take if You Engage in Any Restricted Activities Clause in Contracts

Actions We May Take if You Engage in Any Restricted Activities. If we believe that you have engaged in any restricted activities, we may take a number of actions to protect ourselves, our customers and others at any time in our sole discretion. The actions we may take include, but are not limited to, the following: • Terminate this user agreement, limit your PopPay and/or PopID Account, and/or close or suspend your PopPay and/or PopID Account, immediately and without penalty to us; • Refuse to provide the PopPay or PopID services to you in the future; • Limit your access to our Site, including our websites, software, systems (including any networks and servers used to provide any of the PopPay or PopID services) operated by us or on our behalf, your PopPay or PopID account or any of the PopPay or PopID services, including limiting your ability to make purchases with any of your Payment Methods linked to your Account; • Hold money or Credits in your PopPay Account for up to 180 days if reasonably needed to protect against the risk of liability or if you have violated this User Agreement or our Acceptable Use Policy; • Suspend your eligibility for the PopPay Purchase Protection Program; • Update inaccurate information you provided us; • Take legal action against you; or • If you have violated our Acceptable Use Policy, then you are also responsible for damages to us caused by your violation of this policy. If we close your PopPay account or terminate your use of the PopPay services for any reason, we will provide you with notice of our actions. You are responsible for all reversals, chargebacks, claims, fees, fines, penalties and other liability incurred by us, any customer, or a Third Party caused by or arising out of your breach of this User Agreement, our Acceptable Use Policy, and/or your use of the PopPay or the Site. For example, if you send a payment funded by your Bank Account and your Bank informs us you do not have sufficient funds to cover the payment, you may be liable for the payment. Similarly, if you receive a payment and the payment is disputed, you may be liable for the payment. We may also reverse a Transaction, limit or ban your use of your Account or the Site, for a period of time or indefinitely, if we reasonably believe in our sole discretion, that the Transaction or use is unauthorized, fraudulent, unlawful, or otherwise seeks to take advantage of us, including any of the Indemnified Parties.

Appears in 2 contracts

Samples: Popid User Agreement, Popid User Agreement

AutoNDA by SimpleDocs

Actions We May Take if You Engage in Any Restricted Activities. If we believe that you've engaged in any of these activities, we may take one or more of the following actions to protect PayPal, its customers and others: • Immediately suspend your use of the PayPal services or limit your account if PayPal reasonably believes that your continued access to the PayPal services has the potential to adversely impact those services or other users or if we are required to take immediate action to comply with a legal obligation. • Give you notice that we are aware that you have engaged in any restricted activitiesa Restricted Activity where reasonably possible and to the extent we are not prohibited by applicable law/and or regulation. Where reasonably possible and / or where otherwise required by law, we will request that you correct the breach within a specified period of time but there may take a number of actions to protect ourselves, our customers be circumstances where we believe that the breach cannot be corrected. If you do not correct the breach within the deadline and others at any time in our sole discretion. The actions / or it cannot be corrected we may take include, but are not limited to, the following: • Terminate this user agreement, limit your PopPay and/or PopID Account, and/or account and / or close or suspend your PopPay and/or PopID Account, immediately and without penalty account or your access to us; the PayPal services or terminate this user agreement. • Refuse to provide the PopPay or PopID PayPal services to you in the future; . Limit At any time and without liability, suspend, limit or terminate your access to our Site, including our websites, software, systems (including any networks and servers used to provide any of the PopPay or PopID PayPal services) operated by us or on our behalf, your PopPay or PopID PayPal account or any of the PopPay or PopID PayPal services, including limiting your ability to make purchases pay or send money with any of your Payment Methods the payment methods linked to your Account; PayPal account, restricting your ability to send money or make withdrawals. • Hold your money or Credits in your PopPay Account to the extent and for up to 180 days if so long as reasonably needed to protect against the risk of liability. You acknowledge that, as a non-exhaustive guide: • PayPal's risk of liability in respect of card-funded payments that you receive can last until the risk of a chargeback closing in favour of the payer/buyer (as determined by card scheme rules) has passed. This depends on certain factors, including, without limitation: o The type of goods or if services for which you have violated this User Agreement receive payment. o The timeframe for delivery of the goods or our Acceptable Use Policy; performance of the services for which you receive payment (e.g. sales of event tickets months in advance of the event date can present a higher and more enduring risk of chargebacks than sales of most other items or services). Suspend your eligibility PayPal's risk of liability in respect of a claim or dispute arising from a payment that you receive can last for the PopPay Purchase Protection Program; time that it takes for the parties to close the claim or dispute and all appeals associated with that claim or dispute in accordance with PayPal Buyer Protection. Update inaccurate information PayPal's risk of liability in respect of any event of insolvency that you suffer can last for as long as and to the extent that laws applicable to your insolvency restrict PayPal from taking legal action against you. • If you allow your PayPal account to have a balance reflecting an amount owing to PayPal (a negative balance), PayPal's risk of liability can last for the time and to the extent that you owe that amount to PayPal. • Block your PayPal account and/or hold any funds in the reserve account (including, without limitation, for more than 180 days if so required by PayPal, where PayPal's rights arise from your engagement in the restricted activity). • Refuse any particular payment transaction at any time for any reason and will only be required to make available the fact of the refusal and the reasons for the refusal and how you may resolve the problem, where possible, upon request and provided us; it is not prohibited by law. • Reverse a payment (including, if appropriate, to the sender's funding source). • Take legal action against you; . • Suspend your eligibility for PayPal’s Buyer Protection program and/or PayPal’s Seller Protection program (including in retrospect). • Contact third parties and disclose details of the restricted activities in the manner set out in our Privacy Statement. • Request or update inaccurate information you provided us. • Request information or documents from you in order to verify your identity and/or with regard to the goods or services you provided based on a transaction. • If you have violated publish content on our Acceptable Use Policywebsite(s), then you are also or when using our services, which PayPal deems, in its sole discretion, in breach of law, statute, ordinance, and/or regulation, PayPal may take appropriate measures, including the deletion or removal of such content. An example of such content is terrorist content. PayPal is not responsible for damages to us caused such contents published by your violation of this policyits users which are the PayPal users’ responsibility solely. If we close your PopPay account or terminate your use of Please also see the PopPay services for any reason, we will provide you with notice of our actionssection below on Your liability. You are responsible for all reversals, chargebacks, claims, fees, fines, penalties and other liability incurred Unless otherwise directed by us, any customeryou must not use or attempt to use your account while it is suspended or has been closed. You must ensure that all agreements with sellers or other third parties that involve third party initiated payments (including billing agreement payments) set up from your account are cancelled immediately upon the termination, suspension or a Third Party caused by or arising out closure of your breach account. You remain liable under this user agreement in respect of this User Agreement, our Acceptable Use Policy, and/or your use of all charges and other amounts incurred through the PopPay or the Site. For example, if you send a payment funded by your Bank Account and your Bank informs us you do not have sufficient funds to cover the payment, you may be liable for the payment. Similarly, if you receive a payment and the payment is disputed, you may be liable for the payment. We may also reverse a Transaction, limit or ban your use of your Account account at any time, irrespective of termination, suspension or the Site, for a period of time or indefinitely, if we reasonably believe in our sole discretion, that the Transaction or use is unauthorized, fraudulent, unlawful, or otherwise seeks to take advantage of us, including any of the Indemnified Partiesclosure.

Appears in 1 contract

Samples: Paypal User Agreement

Actions We May Take if You Engage in Any Restricted Activities. If we believe that you have engaged in any prohibited or restricted activities, we may take a number of actions to protect ourselves, our customers customers, and others others, at any time in our sole discretion. The actions we may take include, but are not limited to, the following: • Terminate this user agreementCheck In Agreement, limit your PopPay Check In Accounts and/or PopID AccountDevices, and/or close or suspend your PopPay and/or PopID Check In Account, immediately and without penalty to us; • Refuse to provide the PopPay Check In Service or PopID services the Platform to you Merchant or its Customers now or in the future; • Limit your Merchant’s or its Customer’s access to our Siteany Device, the Service, the Platform, or any part thereof, including our websites, software, systems (including any networks and servers used to provide any of the PopPay or PopID services) operated by us or on our behalf, your PopPay or PopID account or any of the PopPay or PopID services, including limiting your ability to make purchases with any of your Payment Methods linked to your Account; • Hold money or Credits in your PopPay Account for up to 180 days if reasonably needed to protect against the risk of liability or if you have violated this User Agreement or our Acceptable Use Policy; • Suspend your eligibility for the PopPay Purchase Protection Program; • Update inaccurate information you provided us; • Refer you or your Customers to the legal authorities; • Take legal action against youyou or your Customers; or • If you or your Customers have violated the terms of this Agreement, our Acceptable Use Policy, or any other Policy, then you are also responsible for any damages to us caused by your violation of this policycaused. If we close your PopPay account Check In Account or terminate your use of the PopPay services Service or the Platform for any reason, we will provide you with notice of our actions. You are responsible for all reversals, chargebacks, claims, fees, fines, penalties penalties, and other liability incurred by you, us, any customerCustomer, or a Third Party any other person or entity caused by or arising out of your Merchant’s or its Customer’s breach of this User Check In Agreement, our Acceptable Use Policy, any of our other applicable Policies, and/or your use of the PopPay Device, the Service, or the Site. For example, if you send a payment funded by your Bank Account and your Bank informs us you do not have sufficient funds to cover the payment, you may be liable for the payment. Similarly, if you receive a payment and the payment is disputed, you may be liable for the paymentPlatform. We may also reverse a Transactionlimit, limit or ban your Merchant’s or any of its Customer’s use of your Account the Check In Account, or the Siteany other account you or they have with us, for a period of time or indefinitely, if we reasonably believe in our sole discretion, that the Transaction or use is unauthorized, fraudulent, unlawful, violates this Agreement any of our Policies, or otherwise seeks to take advantage of us, including us or any of the Indemnified Partiesother person or entity.

Appears in 1 contract

Samples: Merchant Agreement

Actions We May Take if You Engage in Any Restricted Activities. If we believe that you have you've engaged in any restricted of these activities, we may take a number of actions to protect ourselvesPayPal, our its customers and others at any time in our sole discretion. The actions we may take include, but are not limited to, the following: • Terminate this user agreement, limit your PopPay and/or PopID AccountPayPal account, and/or close or suspend your PopPay and/or PopID AccountPayPal account, immediately and without penalty to us; • Refuse to provide the PopPay or PopID PayPal services to you now and in the future; • Limit your access to our Site, including our websites, software, systems (including any networks and servers used to provide any of the PopPay or PopID PayPal services) operated by us or on our behalf, your PopPay or PopID PayPal account or any of the PopPay or PopID PayPal services, including limiting your ability to make purchases pay or send money with any of your Payment Methods the payment methods linked to your AccountPayPal account, restricting your ability to send money or make withdrawals; • Hold money or Credits your balance in your PopPay Account for up to 180 days PayPal account if reasonably needed to protect against the risk of liability or if you have violated this User Agreement or our Acceptable Use PolicyPolicy or if we believe that you may be engaging in potentially fraudulent or suspicious activity and/or transactions. The hold may remain in place longer than 180 days according to Court Orders, Regulatory Requirements or Other Legal Processes; • Suspend your eligibility for the PopPay Purchase PayPal’s Buyer Protection Programprogram and/or PayPal’s Seller Protection program; • Contact buyers who have purchased goods or services from you using PayPal, your bank or credit card issuer, other impacted third parties or law enforcement about your actions; • Update inaccurate information you provided us; • Take legal action against you; or • If you have you’ve violated our Acceptable Use Policy, then you are you’re also responsible for damages to us PayPal caused by your violation of this policypolicy • If you are a seller and receive funds for transactions that violate the Acceptable Use Policy and said violation is associated with fraud or the sale of goods that are counterfeit or otherwise infringe on intellectual property rights, then in addition to being subject to the above actions you will be liable to PayPal for the amount of PayPal's damages caused by said violation. You acknowledge and agree that $2,500 USD (or foreign currency equivalent) per violation is presently a reasonable minimum estimate of PayPal's actual damages, including, but not limited to, internal administrative costs incurred by PayPal to monitor and track violations, damage to PayPal’s brand and reputation, and penalties imposed upon PayPal by its business partners resulting from said violation associated with fraud or the sale of goods that are counterfeit or otherwise infringe on intellectual property rights, considering all currently existing circumstances, including the relationship of the sum to the range of harm to PayPal that reasonably could be anticipated because, due to the nature of the violation, actual damages would be impractical or extremely difficult to calculate. PayPal may deduct such damages directly from any existing the balance in your PayPal account you control; or • Charging the High Volume Dispute fees for all current and future disputes irrespective of your dispute ratio or sales volumes, given PayPal’s increased involvement as a result of such Restricted Activity. If we close your PopPay PayPal account or terminate your use of the PopPay PayPal services for any reason, we will we’ll provide you with notice of our actionsactions and make any unrestricted funds held in your PayPal account available for withdrawal. You are responsible for all reversals, chargebacks, claims, fees, fines, penalties and other liability incurred by usPayPal, any PayPal customer, or a Third Party third party caused by or arising out of your breach of this User Agreement, our Acceptable Use Policyagreement, and/or your use of the PopPay or the Site. For example, if you send a payment funded by your Bank Account and your Bank informs us you do not have sufficient funds to cover the payment, you may be liable for the payment. Similarly, if you receive a payment and the payment is disputed, you may be liable for the payment. We may also reverse a Transaction, limit or ban your use of your Account or the Site, for a period of time or indefinitely, if we reasonably believe in our sole discretion, that the Transaction or use is unauthorized, fraudulent, unlawful, or otherwise seeks to take advantage of us, including any of the Indemnified PartiesPayPal services.

Appears in 1 contract

Samples: Paypal User Agreement

Actions We May Take if You Engage in Any Restricted Activities. If we believe that you have you’ve engaged in any restricted of these activities, we may take a number of actions to protect ourselvesPayPal, our its customers and others at any time in our sole discretion. The actions we may take include, but are not limited to, the following: • Terminate this user agreement, limit your PopPay and/or PopID PayPal account (and any linked Cash Account), and/or close or suspend your PopPay and/or PopID PayPal account (and any linked Cash Account), immediately and without penalty to us; • Refuse to provide the PopPay or PopID PayPal services to you in the future; • Limit your access to our Site, including our websites, software, systems (including any networks and servers used to provide any of the PopPay or PopID PayPal services) operated by us or on our behalf, your PopPay or PopID PayPal account or any of the PopPay or PopID PayPal services, including limiting your ability to make purchases pay or send money with any of your Payment Methods the payment methods linked to your AccountPayPal account, restricting your ability to send money or make withdrawals; • Hold money or Credits the balance in your PopPay Cash Account, the balance in your business PayPal account, or any money waiting to be claimed through your personal PayPal account if you do not have a Cash Account linked to your personal PayPal account, for up to 180 days if reasonably needed to protect against the risk of liability or if you have violated this User Agreement or our Acceptable Use Policy; • Suspend your eligibility for the PopPay PayPal’s Purchase Protection Programprogram and/or PayPal’s Seller Protection program; • Contact buyers who have purchased goods or services from you using PayPal, your bank or credit card issuer, other impacted third parties or law enforcement about your actions; • Update inaccurate information you provided us; • Take legal action against you; or • If you have you’ve violated our Acceptable Use Policy, then you are you’re also responsible for damages to us PayPal caused by your violation of this policy; or • If you are a seller and you violate the Acceptable Use Policy, then in addition to being subject to the above actions you will be liable to PayPal for the amount of PayPal's damages caused by your violation of the Acceptable Use Policy. You acknowledge and agree that $2,500.00 U.S. dollars per violation of the Acceptable Use Policy is presently a reasonable minimum estimate of PayPal's actual damages considering all currently existing circumstances, including the relationship of the sum to the range of harm to PayPal that reasonably could be anticipated because, due to the nature of the violations of the Acceptable Use Policy, actual damages would be impractical or extremely difficult to calculate. PayPal may deduct such damages directly from any existing balance in any PayPal account you control. If we close your PopPay PayPal account or terminate your use of the PopPay PayPal services for any reason, we will we’ll provide you with notice of our actionsactions and make any unrestricted funds held in the balance of your Cash Account linked to your personal PayPal account or in the balance of your business PayPal account, or any money waiting to be claimed through your personal PayPal account if you do not have a Cash Account linked to your personal PayPal account, available for withdrawal. You are responsible for all reversals, chargebacks, claims, fees, fines, penalties and other liability incurred by usPayPal, any PayPal customer, or a Third Party third party caused by or arising out of your breach of this User Agreement, our Acceptable Use Policyagreement, and/or your use of the PopPay PayPal services. Holds, Limitations, and Reserves What are holds, limitations and reserves‌ Under certain circumstances, in order to protect PayPal and the security and integrity of the network of buyers and sellers that use the PayPal services, PayPal may take account-level or the Sitetransaction-level actions. For exampleUnless otherwise noted, if we take any of the actions described here, we’ll provide you send a payment funded by your Bank Account and your Bank informs us you do not have sufficient funds with notice of our actions, but we retain the sole discretion to cover the paymenttake these actions. To request information in connection with an account limitation, hold or reserve, you should visit the Resolution Center or follow the instructions in our email notice with respect to the limitation, hold or reserve. Our decision about holds, limitations and reserves may be liable for the payment. Similarly, if you receive a payment based on confidential criteria that are essential to our management of risk and the payment is disputedprotection of PayPal, you may be liable for the paymentour customers and/or service providers. We may also reverse use proprietary fraud and risk modeling when assessing the risk associated with your PayPal account. In addition, we may be restricted by regulation or a Transactiongovernmental authority from disclosing certain information to you about such decisions. We have no obligation to disclose the details of our risk management or security procedures to you. In order to facilitate PayPal’s actions described above and allow us to assess the level of risk associated with your PayPal account, limit you agree to cooperate with PayPal’s reasonable requests for financial statements and other documentation or ban your use of your Account information in a timely fashion. Holds‌ A hold is an action that PayPal may take under certain circumstances either at the transaction level or the Siteaccount level. When PayPal places a temporary hold on a payment, the money is not available to either the sender or the recipient. PayPal reviews many factors before placing a hold on a payment, including: account tenure, transaction activity, business type, past customer disputes, and overall customer satisfaction. Some common situations where PayPal will hold payments include: • New sellers or sellers who have limited selling activity. • Payments for higher-risk categories like electronics or tickets. • Sellers who have performance issues, or a period high rate of time buyer dissatisfaction or indefinitelydisputes. Holds based on PayPal’s risk decisions We may place a hold on payments sent to your PayPal account if, if we reasonably believe in our sole discretion, we believe that the Transaction or use is unauthorizedthere may be a high level of risk associated with you, fraudulent, unlawfulyour PayPal account, or otherwise seeks your transactions or that placing such a hold is necessary to take advantage comply with state or federal regulatory requirements. We make decisions about whether to place a payment hold based on a number of usfactors, including information available to us from both internal sources and third parties. When we place a hold on a payment, the funds will appear in your PayPal account with an indication that they are unavailable or pending. We’ll notify you, either through your PayPal account or directly by phone or email, whenever we place a hold. Risk-based holds generally remain in place for up to 21 days from the date the payment was received into your PayPal account. We may release the hold earlier under certain circumstances (for example, if you’ve uploaded shipment tracking information related to the transaction), but any earlier release is at our sole discretion. The hold may last longer than 21 days if the payment is challenged as a payment that should be invalidated and reversed based on a disputed transaction as discussed in the following paragraph below. In this case, we’ll hold the payment in your PayPal account until the matter is resolved (but no longer than 180 days). Holds related to Marketplace transactions If you’re a seller on a marketplace or through a third-party application where PayPal is offered, a hold may be placed on a payment sent to you at the instruction of the Indemnified Partiesapplicable marketplace or third party. This is done once you have granted us permission to have your funds held and will be in accordance with your agreement with the third party. These holds will appear in your PayPal account. If you have questions about why the applicable marketplace or third party instructed PayPal to put these holds in place, you will need to contact the marketplace or third party directly. Holds based on disputed transactions If a payment sent to you as a seller is challenged as a payment that should be invalidated and reversed, we may place a temporary hold on the funds in your PayPal account to cover the amount that could be reversed. Any of the situations described under Refunds, Reversals and Chargebacks are situations that could result in us placing a hold on a payment. If we determine the transaction should not be reversed, we’ll lift the temporary hold. If we determine the transaction should be reversed, we’ll remove the funds from your PayPal account.

Appears in 1 contract

Samples: User Agreement

Actions We May Take if You Engage in Any Restricted Activities. above). If a payment is subject to payment review, we may: • execute the payment order initiated by the buyer; • in our discretion, immediately upon such execution restrict the payer’s account; • place a hold on the payment [in the payer’s account]; and/or • notify the recipient to delay the delivery of the purchase paid for by the payment. As a buyer, this may delay your receipt of the item you purchased. If we believe clear the transaction, we will notify the seller and direct them to ship the item. If we don’t clear the transaction, we will cancel it and return the funds to you, unless we are legally required to take other action. All payments that complete payment review are still subject to being reversed under the terms of this user agreement but will be Seller Protection eligible if they meet the Seller Protection requirements. PayPal will provide notices to you by email and/or in the transaction history tab of your PayPal account. A payment subject to payment review is a review of the payment only and is implemented to reduce the risk of PayPal users receiving high risk transactions. A payment subject to payment review is neither a review nor a representation by PayPal as to the commercial dealings, character or reputation of a party to the payment transaction and should not be considered as a lessening of the respect of any person. Holds related to your instructions Certain PayPal functionality may allow you (whether directly or via someone you permit to act on your behalf, like an online marketplace platform on which you transact as a seller) to instruct us to hold your funds (including the proceeds of payments you receive using PayPal) in your reserve account. In such a case we will show you the availability status of those funds in your balance – the status descriptions may differ according to the functionality you used to instruct us to place the hold. We will release the hold on the funds according to the instruction that you (or the entity that you have engaged in any permitted to act on your behalf) give to us, subject to the rest of this user agreement. Account Limitations Limitations are implemented to help protect PayPal, buyers and sellers when we notice restricted activities, an increased financial risk, or activity that appears to us as unusual or suspicious. Limitations also help us collect information necessary for keeping your PayPal account open. There are several reasons why your PayPal account could be limited, including where we have reason to believe that: • Someone could be using your PayPal account without your knowledge, then we’ll limit it for your protection and look into the fraudulent activity. • Someone has used your card or bank account without your permission, for example if your debit or credit card issuer or bank alerts us to this. • You have breached this user agreement or violated the Acceptable Use Policy. • Your performance as a seller indicate your PayPal account is high risk. Examples include: indications of poor selling performance because you’ve received an unusually high number of claims and chargebacks, selling an entirely new or high-cost product type, or if your typical sales volume increases rapidly. • There is a risk of liability (a non-exhaustive list of examples of such risk is set out in the section Actions We May Take If You Engage In Any Restricted Activities above). We may also limit your PayPal account in order to comply with applicable law. You will need to resolve any issues with your account before a limitation can be removed. Normally, this is done after you provide us with the information we request. However, if we reasonably believe a risk still exists after you have provided us that information, we may take a number of actions action to protect ourselvesPayPal, our customers and others at any time in our sole discretion. The actions we may take includeusers, but are not limited toa third party, the following: • Terminate this user agreement, limit your PopPay and/or PopID Account, and/or close or suspend your PopPay and/or PopID Account, immediately and without penalty to us; • Refuse to provide the PopPay or PopID services to you in the future; • Limit your access to our Site, including our websites, software, systems (including any networks and servers used to provide any of the PopPay or PopID services) operated by us or on our behalf, your PopPay or PopID account or any of the PopPay or PopID services, including limiting your ability to make purchases with any of your Payment Methods linked to your Account; • Hold money or Credits in your PopPay Account for up to 180 days if reasonably needed to protect against the risk of liability or if you have violated this User Agreement or our Acceptable Use Policy; • Suspend your eligibility for the PopPay Purchase Protection Program; • Update inaccurate information you provided us; • Take legal action against you; or • If you have violated our Acceptable Use Policy, then you are also responsible for damages to us caused by your violation of this policy. If we close your PopPay account or terminate your use of the PopPay services for any reason, we will provide you with notice of our actions. You are responsible for all from reversals, chargebacks, claims, fees, fines, penalties penalties, legal and/or regulatory risks and any other liability incurred by us, any customer, or a Third Party caused by or arising out of your breach of this User Agreement, our Acceptable Use Policy, and/or your use of the PopPay or the Site. For example, if you send a payment funded by your Bank Account and your Bank informs us you do not have sufficient funds to cover the payment, you may be liable for the payment. Similarly, if you receive a payment and the payment is disputed, you may be liable for the payment. We may also reverse a Transaction, limit or ban your use of your Account or the Site, for a period of time or indefinitely, if we reasonably believe in our sole discretion, that the Transaction or use is unauthorized, fraudulent, unlawful, or otherwise seeks to take advantage of us, including any of the Indemnified Partiesliability.

Appears in 1 contract

Samples: Paypal User Agreement

AutoNDA by SimpleDocs

Actions We May Take if You Engage in Any Restricted Activities. If we believe that you have you’ve engaged in any restricted of these activities, we may take a number of actions to protect ourselvesPayPal, our its customers and others at any time in our sole discretion. The actions we may take include, but are not limited to, the following: • Terminate this user agreementagreement at anytime in our sole discretion, limit your PopPay and/or PopID Accountaccount, and/or close or suspend your PopPay and/or PopID Accountaccount, immediately and without penalty to us; • Refuse to provide the PopPay or PopID PayPal services to you in the future; • Limit At any time and without liability, suspend, limit or terminate your access to our Site, including our websites, software, systems (including any networks and servers used to provide any of the PopPay or PopID PayPal services) operated by us or on our behalf, your PopPay or PopID PayPal account or any of the PopPay or PopID PayPal services, including limiting your ability to make purchases pay or send money with any of your Payment Methods the payment methods linked to your AccountPayPal account, restricting your ability to send money or make withdrawals; • Hold your money or Credits in your PopPay Account to the extent and for up to 180 days if so long as reasonably needed to protect against the risk of liability. You acknowledge that, as a non-exhaustive guide: • PayPal’s risk of liability in respect of card-funded payments that you receive can last until the risk of a chargeback closing in favor of the payer/buyer (as determined by card scheme rules) has passed. This depends on certain factors, including, without limitation: o The type of goods or services for which you receive payment; or o The timeframe for delivery of the goods or performance of the services for which you receive payment (e.g. sales of event tickets months in advance of the event date can present a higher and more enduring risk of chargebacks than sales of most other items or services); • PayPal’s risk of liability in respect of a claim or dispute arising from a payment that you receive can last for the time that it takes for the parties to close the claim or dispute and all appeals associated with that claim or dispute in accordance with PayPal Buyer Protection • PayPal’s risk of liability in respect of any event of insolvency that you suffer can last for as long as and to the extent that laws applicable to your insolvency restrict PayPal from taking legal action against you; and • If you allow your PayPal account to have a balance reflecting an amount owing to PayPal, PayPal’s risk of liability can last for the time and to the extent that you owe that amount to PayPal. • Block your PayPal account and/or hold any funds in the reserve account (including, without limitation, for more than 180 days if so required by PayPal, where PayPal’s rights arise from your engagement in the restricted activity); • Refuse any particular payment transaction at any time for any reason and will only be required to make available the fact of the refusal and the reasons for the refusal and how you have violated this User Agreement or our Acceptable Use Policymay resolve the problem, where possible, upon request and provided it is not prohibited by law; • Reverse a payment (including, if appropriate, to the sender’s funding source); • Take legal action against you. • Suspend your eligibility for the PopPay Purchase PayPal’s Buyer Protection Programprogram and/or PayPal’s Seller Protection program (including in retrospect); • Update Contact third parties and disclose details of the restricted activities in the manner set out in our Privacy Statement; • Request or update inaccurate information you provided us; • Take legal action against youRequest information or documents from you in order to verify your identity and/or with regard to the goods or services you provided based on a transaction; or • If you have violated publish content on our Acceptable Use Policy, then you are also responsible for damages to us caused by your violation of this policy. If we close your PopPay account or terminate your use of the PopPay services for any reason, we will provide you with notice of our actions. You are responsible for all reversals, chargebacks, claims, fees, fines, penalties and other liability incurred by us, any customerwebsite(s), or a Third Party caused by or arising out of your breach of this User Agreementwhen using our services, our Acceptable Use Policywhich PayPal deems, and/or your use of the PopPay or the Site. For example, if you send a payment funded by your Bank Account and your Bank informs us you do not have sufficient funds to cover the payment, you may be liable for the payment. Similarly, if you receive a payment and the payment is disputed, you may be liable for the payment. We may also reverse a Transaction, limit or ban your use of your Account or the Site, for a period of time or indefinitely, if we reasonably believe in our its sole discretion, that the Transaction or use is unauthorizedin breach of law, fraudulentstatute, unlawfulordinance, or otherwise seeks to and/or regulation, PayPal may take advantage of usappropriate measures, including any the deletion or removal of such content. An example of such content is terrorist content. PayPal is not responsible for such contents published by its users which are the Indemnified PartiesPayPal users’ responsibility solely.

Appears in 1 contract

Samples: Paypal User Agreement

Actions We May Take if You Engage in Any Restricted Activities. If we believe that you have you’ve engaged in any restricted of these activities, we may take a number of actions to protect ourselvesPayPal, our its customers and others at any time in our sole discretion. The actions we may make take include, but are not limited to, the following: • Terminate this user agreement, limit your PopPay and/or PopID PayPalaccount (andanylinked Cash Account), and/or close or suspend orsuspend your PopPay and/or PopID PayPalaccount (andanylinked Cash Account), immediately and without penalty to us; • Refuse to provide the PopPay or PopID PayPal services to you in the future; • Limit your access to our Site, including our websitesourwebsites, software, systems (including any networks and servers used to provide any of the PopPay or PopID PayPal services) operated by us or on our behalf, your PopPay or PopID PayPal account or any of the PopPay or PopID PayPal services, including limiting your ability to make purchases pay or send money with any of your Payment Methods the payment methods linked to your AccountPayPal account, restricting your ability to send money or make withdrawals; • Hold money or Credits Holdthebalance in your PopPay Cash Account, thebalance in your business PayPal account, orany money waiting to be claimed through your personal PayPal account if you do not have a Cash Account linked to your personal PayPal account, for up to 180 days if reasonably needed to protect against the risk of liability or if you have violated this User Agreement or our Acceptable Use Policy; • Suspend your eligibility for the PopPay PayPal’s Purchase Protection Programprogram and/or PayPal’s Seller Protection program; • Contact buyers whohave purchased goodsorservices from you using PayPal, yourbank or credit card issuer, other impacted third parties or law enforcement about your actions; • Update inaccurate information you provided us; • Take legal action against you; or If you have Ifyou’ve violated our Acceptable Use Policy, then you are also thenyou’realso responsible for damages to us fordamagesto PayPal caused by your violation of this policy; or • If you are a seller and you violate the Acceptable Use Policy, then in addition to being subject to the above actions you will be liable to PayPal for the amount of PayPal's damages caused by your violation of the Acceptable Use Policy. You acknowledge and agree that $2,500.00 U.S. dollars per violation of the Acceptable Use Policy is presentlya reasonable minimum estimate of PayPal's actual damages considering all currently existing circumstances, including the relationship of the sum to the range of harm to PayPal that reasonably could be anticipated because, due to the nature of the violations of the Acceptable Use Policy, actual damages would be impractical or extremely difficult to calculate. PayPal may deduct such damages directly from any existing balance in any PayPal account you control. If we close your PopPay PayPal account or terminate your use of the PopPay PayPal services for any reason, we will we’ll provide you with notice of our actionsactions and make any unrestricted funds held in the balance of your Cash Account linked to your personal PayPal account or in the balance of your business PayPal account, or any money waiting to be claimed through your personal PayPal account if you do not have a Cash Account linked to your personal PayPal account, available for withdrawal. You are responsible for all reversals, chargebacks, claims, fees, fines, penalties and other liability incurred by usPayPal, any PayPal customer, or a Third Party third party caused by or arising out of your breach of this User Agreement, our Acceptable Use Policyagreement, and/or your use of the PopPay PayPal services. Holds, Limitations, andReserves‌ What are holds, limitations and reserves Under certain circumstances, in order to protect PayPal and the security and integrity of the network of buyers and sellers that use the PayPal services, PayPal may take account-level or the Sitetransaction-level actions. For exampleUnless otherwise noted, if we take any of the actions described here, we’ll provide you send a payment funded by your Bank Account and your Bank informs us you do not have sufficient funds with notice of our actions, but we retain the sole discretion to cover the paymenttake these actions. To request information in connection with an account limitation, hold or reserve, you should visit the Resolution Center or follow the instructions in our email notice with respect to the limitation, hold or reserve. Our decision about holds, limitations and reserves may be liable for the payment. Similarly, if you receive a payment based on confidential criteria that are essential to our management of risk and the payment is disputedprotection of PayPal, you may be liable for the paymentour customers and/or service providers. We may also reverse use proprietary fraud and risk modeling when assessing the risk associated with your PayPal account. In addition, we may be restricted by regulation or a Transactiongovernmental authority from disclosing certain information to you about such decisions. We have no obligation to disclose the details of our risk management or security procedures to you. In order to facilitate PayPal’s actions described above and allow us to assess the level of risk associated with your PayPal account, limit you agree to cooperate with PayPal’s reasonable requests for financial statements and other documentation or ban your use of your Account information in a timely fashion. Holds‌ A hold is an action that PayPal may take under certain circumstances either at the transaction level or the Siteaccount level. When PayPal places a temporary hold on a payment, the money is not available to either the sender or the recipient. PayPal reviews many factors before placing a hold on a payment, including: account tenure, transaction activity, business type, past customer disputes, and overall customer satisfaction. Some common situations where PayPal will hold payments include: • New sellers or sellers who have limited selling activity. • Payments for a period of time higher-risk categories like electronics or indefinitely, if we reasonably believe in our sole discretion, that the Transaction or use is unauthorized, fraudulent, unlawfultickets. • Sellers who have performance issues, or otherwise seeks to take advantage a high rate of us, including any of the Indemnified Partiesbuyer dissatisfaction or disputes.

Appears in 1 contract

Samples: User Agreement

Actions We May Take if You Engage in Any Restricted Activities. If we believe that you have you’ve engaged in any restricted of these activities, we may take a number of actions to protect ourselvesPayPal, our its customers and others at any time in our sole discretion. The actions we may take include, but are not limited to, the following: • Terminate this user agreementagreement at anytime in our sole discretion, limit your PopPay and/or PopID Accountaccount, and/or close or suspend your PopPay and/or PopID Accountaccount, immediately and without penalty to us; • Refuse to provide the PopPay or PopID PayPal services to you in the future; • Limit At any time and without liability, suspend, limit or terminate your access to our Site, including our websites, software, systems (including any networks and servers used to provide any of the PopPay or PopID PayPal services) operated by us or on our behalf, your PopPay or PopID PayPal account or any of the PopPay or PopID PayPal services, including limiting your ability to make purchases pay or send money with any of your Payment Methods the payment methods linked to your AccountPayPal account, restricting your ability to send money or make withdrawals; • Hold your money or Credits in your PopPay Account to the extent and for up to 180 days if so long as reasonably needed to protect against the risk of liability. You acknowledge that, as a non-exhaustive guide: • PayPal’s risk of liability in respect of card-funded payments that you receive can last until the risk of a chargeback closing in favor of the payer/buyer (as determined by card scheme rules) has passed. This depends on certain factors, including, without limitation: o The type of goods or services for which you receive payment; or o The timeframe for delivery of the goods or performance of the services for which you receive payment (e.g. sales of event tickets months in advance of the event date can present a higher and more enduring risk of chargebacks than sales of most other items or services); • PayPal’s risk of liability in respect of a claim or dispute arising from a payment that you receive can last for the time that it takes for the parties to close the claim or dispute and all appeals associated with that claim or dispute in accordance with PayPal Buyer Protection • PayPal’s risk of liability in respect of any event of insolvency that you suffer can last for as long as and to the extent that laws applicable to your insolvency restrict PayPal from taking legal action against you; and • If you allow your PayPal account to have a balance reflecting an amount owing to PayPal, PayPal’s risk of liability can last for the time and to the extent that you owe that amount to PayPal. • Block your PayPal account and/or hold any funds in the reserve account (including, without limitation, for more than 180 days if so required by PayPal, where PayPal’s rights arise from your engagement in the restricted activity); • Refuse any particular payment transaction at any time for any reason and will only be required to make available the fact of the refusal and the reasons for the refusal and how you have violated this User Agreement or our Acceptable Use Policymay resolve the problem, where possible, upon request and provided it is not prohibited by law; • Reverse a payment (including, if appropriate, to the sender’s funding source); • Take legal action against you. • Suspend your eligibility for the PopPay Purchase PayPal’s Buyer Protection Programprogram and/or PayPal’s Seller Protection program (including in retrospect); • Update Contact third parties and disclose details of the restricted activities in the manner set out in our Privacy Statement; • Request or update inaccurate information you provided us; • Take legal action against youRequest information or documents from you in order to verify your identity and/or with regard to the goods or services you provided based on a transaction; or • If you have violated publish content on our Acceptable Use Policywebsite(s), then you are also or when using our services, which PayPal deems, in its sole discretion, in breach of law, statute, ordinance, and/or regulation, PayPal may take appropriate measures, including the deletion or removal of such content. An example of such content is terrorist content. PayPal is not responsible for damages to us caused such contents published by your violation of this policyits users which are the PayPal users’ responsibility solely. If we close your PopPay account or terminate your use of Please also see the PopPay services for any reason, we will provide you with notice of our actionssection below on Your liability. You are responsible for all reversals, chargebacks, claims, fees, fines, penalties and other liability incurred Unless otherwise directed by us, any customeryou must not use or attempt to use your account while it is suspended or has been closed. You must ensure that all agreements with sellers or other third parties that involve third party initiated payments (including billing agreement payments) set up from your account are cancelled immediately upon the termination, suspension or a Third Party caused by or arising out closure of your breach account. You remain liable under this user agreement in respect of this User Agreement, our Acceptable Use Policy, and/or your use of all charges and other amounts incurred through the PopPay or the Site. For example, if you send a payment funded by your Bank Account and your Bank informs us you do not have sufficient funds to cover the payment, you may be liable for the payment. Similarly, if you receive a payment and the payment is disputed, you may be liable for the payment. We may also reverse a Transaction, limit or ban your use of your Account account at any time, irrespective of termination, suspension or the Site, for a period of time or indefinitely, if we reasonably believe in our sole discretion, that the Transaction or use is unauthorized, fraudulent, unlawful, or otherwise seeks to take advantage of us, including any of the Indemnified Partiesclosure.

Appears in 1 contract

Samples: Paypal User Agreement

Time is Money Join Law Insider Premium to draft better contracts faster.