Last Updated: July 1, 2021
StubHub Marketplace Global User Agreement
1. Global User Agreement
StubHub provides an online platform and related services (“Services”) that connects sellers and buyers seeking to respectively sell and buy tickets, related passes and merchandise or other related goods and/or services for events (“Tickets”) and we may make such Services available internationally via one or more of our websites, our mobile applications and/or associated services (collectively, the “Site”). By accessing or using our Site, You agree to be bound by this StubHub Marketplace Global User Agreement (“User Agreement”). Our Payment Services Agreement (applicable if you sell tickets via our Site to an event located within Europe), User Privacy Notice, Mobile Privacy Notice, Seller Policies, Cookie Notice, FanProtect Guarantee, Top Seller Handbook (if you qualify as a Top Seller and the top seller programme is available in your territory) and all other policies applicable to your use of the Site (collectively, the “Additional Policies”) are incorporated by reference into this User Agreement. We may periodically make changes to this User Agreement and shall notify you by posting a revised version on our Site. The revised User Agreement will become effective upon publication and your continued use of our Site and Services will constitute acceptance of the revised User Agreement.
2. Contracting Entity
2.1 If you purchase or sell on our Site Tickets to an event that is located:
(i) in the United Kingdom, you are contracting with StubHub (UK) Limited, 1 More London Place, London SE1 2AF United Kingdom;
(ii) anywhere else in the world, you are contracting with Ticketbis S.L., a company registered in the Mercantile Registry of Vizcaya, page nº BI-5766, volume 5184, sheet 69, with tax domicile and office at 45 Gran Vía Don Diego López de Haro, 7th floor 48.011 Bilbao, Biscay, Spain, VAT number ES B95630034.
2.2 StubHub Inc., StubHub (UK) Limited and Ticketbis S.L. are each hereinafter referred to as "StubHub", "we", "us", or "our").
2.3 Additionally, for events located in the European Union, and as a result of the separation between StubHub and eBay, all transactions shall be processed in accordance with Hyperwallet payment services as listed within the Payment Services Agreement for Sellers https://www.paylution.com/hw2web/consumer/page/legalAgreement.xhtml. (“StubHub Services”) is the entity that handles any and all payments and payouts on our Site with regard to events located in the European Union. Accordingly, if you sell on our Site Tickets to an event located within the European Union, you are contracting Services subject to the terms of the Payment Services Agreement, in addition to contracting with StubHub (UK) Limited or Ticketbis S.L. (as applicable).
3. Ticket Marketplace
4. Your Account
5. Privacy and Communications
6. Fees and Other Charges
6.1 StubHub may charge fees for selling and/or buying Tickets through our Site and/or otherwise using our Services, as well as delivery or fulfilment fees (collectively referred to as "Service Fees"). Service Fees may vary depending on event type, Ticket type and location. StubHub may in its sole and absolute discretion change its Service Fees at any time, including after you list your Tickets. Any applicable Service Fees including any taxes if applicable will be disclosed to you prior to listing or buying a Ticket. StubHub may charge and/or retain Service Fees if you do not fulfil your contractual obligations under this User Agreement.
6.2 If you as a Seller do not fulfil your contractual obligations under this User Agreement and the Seller Policies, StubHub may charge you certain fees and/or costs in accordance with the Seller Policies.
6.3 If you as a Buyer change your postal address after you have purchased your Ticket(s) and require StubHub to deliver your Ticket(s) to this new postal address, or if you have specified an incorrect postal address, StubHub may charge you for any additional delivery costs which arise out of re-arranging the delivery of your Ticket(s) to the new or correct postal address. Such additional delivery costs may be charged to your Payment Method.
6.4 We may collect amounts owed using a collection agency or other collection mechanism and you may be charged fees associated with collecting the delinquent payments. StubHub, or the collection agency it retains, may also report information about your account to credit bureaus, and as a result, defaults in your account may be reflected in your credit report. If you wish to dispute the information StubHub reported to a credit bureau, please contact StubHub. If you wish to dispute the information a collection agency reported, contact the collection agency directly.
7. Selling Tickets
7.1 You must comply with all applicable laws and regulations and the terms of this User Agreement and the Seller Policies when listing, selling and delivering your Tickets.
7.2 When listing a Ticket you must set a price for which you are willing to sell your Ticket ("Sales Price"). You may modify (e.g. raise or lower the Sales Price) or delete your listing at any time until the Tickets have sold.
7.3 By listing a Ticket for sale, you are making a binding offer to sell that Ticket to a Buyer who purchases the Ticket at the Sales Price. When a Buyer accepts your offer by purchasing your Ticket through our Site, you are contractually bound to deliver that exact Ticket for Sales Price and within the required delivery timeframe. You are obligated to monitor your inventory and ensure all listings are accurate. Under no circumstances may Sellers cancel orders at one price and repost the same tickets for a higher price. Failure to fulfill your orders will lead to charges as stated in this User Agreement and Seller Policies.
7.4 StubHub does not guarantee that your tickets or related passes will sell or that your listing will appear on the Site within a certain time after it is posted or in a particular order on the event page or through search results. StubHub will not, for any reason, provide compensation for tickets that do not sell, even if it is due to Site unavailability from an outage or maintenance or listing delays.
You as a Seller are responsible for determining whether any taxes are due on your sale of a Ticket, and for collecting and remitting such taxes. Any applicable taxes must be included in the Sales Price of your Ticket. You agree to provide StubHub any tax identification number if necessary for StubHub to provide (without notice to You) information to the relevant tax authorities related to payments you receive from us and further authorise StubHub to release that information to the relevant tax authorities. The Service Fees include any applicable sales, use, excise, value added, service and other indirect taxes.
9. Buying Tickets
You are responsible for reading the complete listing before making a commitment to buy Tickets. When placing an order, you are entering into a binding contract with the Seller to purchase those Tickets. Additional terms communicated to you by the Seller may apply. Payment is remitted to StubHub and disbursed to the seller according to our Payment Services Agreement for Sellers or the User Agreement. All Sales are final. You cannot change or cancel any orders after the sale is complete.
10.1 Payments received from Buyers for Tickets purchased via the Site are processed by StubHub or StubHub Services (as applicable) on behalf of the Seller and credited to the Seller in accordance with the Seller Policies and Payment Services Agreement (as applicable). Without prejudice or limitation to the Payment Services Agreement, Seller appoints the relevant StubHub entity as its limited payment collection agent solely for the purpose of accepting funds from Buyers on behalf of Seller. Seller agrees that any payment made by Buyer to StubHub shall be considered the same as a payment made directly to Seller, and Seller will make the Tickets available to Buyer in the agreed-upon manner as if Seller had received the payment directly from Buyer. Except as otherwise specified in the FanProtect Guarantee, Seller understands that StubHub’s obligation to pay Seller is subject to and conditional upon successful receipt of the associated payments from Buyer. Except as otherwise specified in the FanProtect Guarantee, StubHub guarantees payments to Seller only for such amounts that have been successfully received by StubHub from Buyer. In accepting appointment as the limited payment collection agent of seller, StubHub assumes no liability for any acts or omissions of the Seller.
10.2 Payments from Buyers are due and payable immediately. A Buyer can pay the full order amount which includes any applicable Service Fees and taxes using one of the accepted payment methods.
10.3 A Buyer’s obligation to pay for a Ticket is satisfied when StubHub or StubHub Services (as applicable) has received the Payment in full.
11. Event Cancellations, Postponement and Other Event Changes
11.1 Cancellation: If an event is cancelled and not rescheduled, we will remove the event and any listings related to the event from our Site and inform both Buyer and Seller about the cancellation with further instructions. If the Seller requires his Ticket(s) back to obtain a refund of the original purchase price from the promoter or organizer, he must contact Customer Service immediately after the cancellation. The Buyer is required to retain the Ticket(s) and upon request from StubHub to send them back to either the Seller or to StubHub (as instructed by StubHub). The Buyer will receive a full refund or credit for use on a future purchase, as determined in StubHub’s sole discretion (unless a refund is required by law) once he has sent back the Ticket(s) (if applicable) and the Seller will not be paid. If the Seller has already been paid, the payment for the sale may be recovered by charging the Seller's Payment Method or by setting off this amount against pending payments for other Tickets the Seller has sold or will sell in the future.
11.2 Postponement: If an event is postponed, StubHub will work with Buyers and Sellers on a case-by-case basis attempting to resolve any Ticket issues. Sellers are prohibited from reselling, invalidating or changing Tickets for postponed events. Refunds will not be issued for postponed events, unless they are ultimately cancelled as stated above.
11.3 Other event changes: StubHub is not responsible for partial performances, venue, line-up or time changes. No refunds will be issued in these instances.
12. Term and Termination
12.1 This User Agreement shall commence on the date that you register an Account with StubHub and will continue for an indefinite period unless terminated in accordance with these provisions.
12.2 You may terminate this User Agreement at any time by contacting Customer Service. In the event that you request that we close your Account, we will treat your request as termination of this User Agreement. Without limiting our rights according to Clause 19, we may terminate this User Agreement at any time by giving at least thirty (30) days’ notice via email to your registered email address. We will then close your Account.
12.3 If you terminate this User Agreement as a Seller you are also terminating the Payment Services Agreement (to the extent applicable) as of the time of the termination of the User Agreement taking effect.
12.4 Termination of this User Agreement shall not affect the rights or liabilities of either party accrued prior to and including the date of termination or expiry and/or any terms intended expressly or by implication to survive termination or expiry.
StubHub reserves the right at any time to modify or discontinue, temporarily or permanently, the Site, the Services or any part of the Site or Services with or without notice for any reason. StubHub performs regularly-scheduled maintenance. While we do our best to avoid customer impact, the Site or our Services may be temporarily unavailable during maintenance periods.
14. Abusing StubHub
contact or invite contact with other StubHub users for any reason other than the purpose for which you received the StubHub user’s contact information or solicit sales outside of StubHub;
use the Buyer's personal data for any reason other than the delivery of Tickets unless otherwise agreed to by the Buyer;
behave in an abusive manner to any StubHub employee or other user;
violate any venue or event promoter rules at events or violate any applicable third party terms of service (for instance, when using our mobile applications);
breach or circumvent any laws (including, where Tickets are sold internationally, the laws of the destination country), third party rights or our Additional Policies;
post false, inaccurate, misleading, defamatory or libelous content;
fail to fulfil your contractual obligations regarding the sale or purchase of a Ticket;
use StubHub's trademarks without our prior written permission;
copy, reproduce, reverse engineer, modify, create derivative works from, distribute or publicly display any content (except for your information) or software from our Site or Services without the prior express written permission of StubHub and the appropriate third party, as applicable;
use any robot, spider, scraper or other automated means to access our Site or Services for any purpose without our express written permission;
take any action that imposes or may impose (to be determined in our sole discretion) an unreasonable or disproportionately large load on our infrastructure;
interfere or attempt to interfere with the proper working of our Site or Services or any activities conducted on or with our Site or Services;
bypass our robot exclusion headers, robots.txt rules or any other measures we may use to prevent or restrict access to our Site or Services;
commercialise any StubHub application or any information or software associated with such application;
export or re-export any StubHub application or tool except in compliance with the export control laws of any relevant jurisdiction and in accordance with posted rules and restrictions; or
do anything else that StubHub determines, in its sole reasonable discretion, misuses the Site or Services or otherwise negatively impacts our marketplace.
15. Mobile Device Terms
If you are accessing the Site or Services through a mobile application (“App”), the following additional terms apply:
15.1 App Use. StubHub grants you the right to use the App only for your personal use. You must comply with all applicable laws and third party terms of agreement when using the App (e.g. your wireless data service agreement). The App may not contain the same functionality available on the applicable StubHub website.
15.2 Intellectual Property – Apps. StubHub owns, or is the licensee to, all right, title, and interest in and to its Apps, including all rights under patent, copyright, trade secret, trademark, or unfair competition law, and any and all other proprietary rights, including all applications, renewals, extensions, and restorations thereof. You will not modify, adapt, translate, prepare derivative works from, decompile, reverse-engineer, disassemble, or otherwise attempt to derive source code from any App and you will not remove, obscure, or alter StubHub's copyright notice, trademarks or other proprietary rights notices affixed to, contained within, or accessed in conjunction with or by the App.
15.3 Prohibited Countries Policy and Foreign Trade Regulation - Applications. The App or its underlying technology may not be downloaded to or exported or re-exported: (a) into (or to a resident or national of) Burma (Myanmar), Cuba, Iraq, Iran, Libya, North Korea, Sudan, Syria, or any other country subject to United States embargo; (b) to anyone on the US Treasury Department's list of Specially Designated Nationals or on the US Commerce Department's Denied Party or Entity List; and (c) to any prohibited country, person, end-user, or entity specified by US Export Laws. When using the App, you are responsible for complying with trade regulations and both foreign and domestic laws (e.g., you are not located in a country that is subject to a US Government embargo, or that has been designated by the US Government as a "terrorist supporting" country, and you are not listed on any US Government list of prohibited or restricted parties).
15.4 Device Specific Additional Terms
These Mobile Device Terms are an agreement between you and StubHub, and not with Apple. Apple is not responsible for the App and the content thereof.
StubHub grants you the right to use the App only on an iOS product that you own or control and as permitted by the App Store Terms of Service.
Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the App.
Apple is not responsible for the investigation, defence, settlement, and discharge of any third party intellectual property infringement claim.
Apple is not responsible for addressing any claims by you or any third party relating to the App or your possession and/or use of the App, including but not limited to: (a) product liability claims; (b) any claim that the App fails to conform to any applicable legal or regulatory requirement; and (c) claims arising under consumer protection or similar legislation.
Apple and Apple's subsidiaries are third party beneficiaries of these Mobile Device Terms, and, upon your acceptance, Apple as a third party beneficiary thereof will have the right (and will be deemed to have accepted the right) to enforce these Mobile Device Terms against you.
These Mobile Device Terms are an agreement between you and StubHub, and not with Google. Google is not responsible for the App and the content thereof.
StubHub grants you the right to use the App only on an Android product that you own or control and as permitted by the Google Play Terms of Service.
Google has no obligation whatsoever to furnish any maintenance and support services with respect to the App.
Google is not responsible for the investigation, defence, settlement, and discharge of any third party intellectual property infringement claim.
Google is not responsible for addressing any claims by you or any third party relating to the App or your possession and/or use of the App, including but not limited to: (a) product liability claims; (b) any claim that the Application fails to conform to any applicable legal or regulatory requirement; and (c) claims arising under consumer protection or similar legislation.
In the event of any failure of the App to conform to any applicable warranty, you may notify Google, and Google will refund the purchase price, if applicable, for the App to you; and to the maximum extent permitted by applicable law, Google will have no other warranty obligation whatsoever with respect to the App.
Google and Google's subsidiaries are third party beneficiaries of these Mobile Device Terms, and, upon your acceptance, Google as a third party beneficiary thereof will have the right (and will be deemed to have accepted the right) to enforce these Mobile Device Terms against you.
16.1 You own and are solely responsible for any content including images, text, audio or other materials that you submit (“User Content”). By submitting User Content, you grant us a non-exclusive, worldwide, perpetual (or for the duration of any copyright or other rights in such content), irrevocable, royalty-free, transferable, sublicensable (through multiple tiers) right to use, reproduce, distribute, create derivative works from, publicly perform, display, store, or publish in any way, in any media known now or in the future. You grant StubHub the right to use your name or image in association with your User Content, if we so choose. Further, to the fullest extent permitted under applicable law, you waive your moral rights in the content and promise not to assert such rights against us, our sublicensees or assignees.
16.2 You represent and warrant that the User Content: (a) is owned by you or you control all necessary rights to it; (b) does not violate, misappropriate or infringe on the rights of any third party including intellectual property rights, privacy rights or publicity rights; (c) is accurate, not obscene, false, libelous or defamatory; and (d) will not cause injury to any person, entity or system. You will indemnify StubHub for any and all claims resulting from your User Content. StubHub has the right but not the obligation to monitor, edit or remove your User Content. The User Content is non-confidential and StubHub will not be liable for its use or disclosure.
16.3 We may offer catalogues of stock images, descriptions and product specifications, which are provided by third-parties (including StubHub users). You may use catalogue content solely in connection with your StubHub listings during the time your listings are on our Site. While we try to offer reliable data, we cannot promise that the catalogues will always be accurate and up-to-date, and you agree that you will not hold our catalogue providers or us responsible for inaccuracies in their catalogues. The catalogue may include copyrighted, trademarked or other proprietary materials. You agree not to remove any copyright, proprietary or identification markings included within the catalogues or create any derivative works based on catalogue content (other than by including them in your listings).
16.4 If you submit ideas, suggestions, documents, and/or proposals (“Ideas”) to StubHub, you do so voluntarily and with no expectation of confidentiality. By submitting Ideas, you grant us ownership of the Ideas to use for any purpose, in any way, in any media now known or in the future and throughout the universe without any obligation or payment. You understand that StubHub may have something similar to the Ideas under consideration or in development.
17. Protecting Intellectual Property Rights
18. Violating the Agreement
19. Disclaimer of Warranties; Limitation of Liability
20. Applicable Laws and Jurisdiction
21. General Provisions
22. Force Majeure
Applies to consumers resident in France
User Privacy Notice
Posted on October 1, 2018
StubHub is committed to your privacy. This Privacy Notice explains our collection, use, disclosure, retention, and protection of your personal information.
Personal Information We Collect
How We Use Your Personal Information
Your Choices About How We Use Your Personal Information
Ways You Can Access, Control, and Correct Your Personal Information
How We Might Share Your Personal Information
How Long We Keep Your Personal Information
Cookies and Similar Technologies
How Do We Protect Your Personal Information
Data Controllers and Data Protection Officers
Other Important Privacy Information
Mobile privacy notice
With your authorisation, we may access precise location information from your mobile device to provide you a customised experience
With your authoriaation, we may access your mobile device contact information to help you manage your communication with others
With your authorisation, we may access calendar information from your mobile device to help you schedule reminders
With your authorisation, we may access the camera or photo library on your mobile device so that you can do things like list an item
When you connect your StubHub account with a third party social networking or sign-in service, we may create and authenticate your account or connect your account with other features and services. You control the personal information we have access to through (a) the privacy settings in the App and (b) the permissions you express on the device used to grant us access to your personal information retained within, and collected by, the App
With your authorisation, we may access your mobile device’s music library and music preference information to offer you a customised experience
We may use your information to serve you customised advertising if you allow us. You can opt-out using your device’s setting
Only with your consent will we share your information with third-parties to use for their own marketing purposes
We share your information with service providers under contract who help us operate our business and who process your information according to our instruction
We share your information with law enforcement or authorised third parties, to investigate illegal activity or violations of our user agreement
We protect your information using technical and administrative security measures designed to reduce the risks of loss or misuse
1. Some Of The Things You're Not Allowed To List
Here's a list of ticket types or ticket items that you're not allowed to list for sale on StubHub.
2. Rules for Listing Tickets
Providing accurate and complete information about your tickets during the listing process is one of the keys to becoming a successful seller and is a requirement to list on the Site. If you do not follow all of the requirements in this section when listing your tickets, your listings may not appear on the Site, your sale may be cancelled, you may not get paid, you may incur fees (associated with us finding replacement tickets for, or refunding, the buyer and/or a fixed admin fee), or you may be subject to other consequences specified in these Seller Policies and Clause 19 of the User Agreement.
2.1 Accurately tell us when you'll be able to send the tickets to buyers (if your tickets aren't In Hand)
For tickets to events located in the US or CANADA (unless otherwise specifically noted)
It's OK to list tickets you own but don't have in your possession yet ('Not In Hand') as long as you're absolutely certain you will have them on the date you give us when listing the tickets (the 'In-Hand Date'). The In-Hand Date you select is the beginning of your shipping window to complete the sale. We'll show buyers a delivery estimate based on your In-Hand Date which sets their expectations of when they'll receive the tickets they purchased, so be accurate. If you're not sure when you will have the tickets in your possession, hold off on listing the tickets or select the latest date available on the calendar. If your tickets haven't sold and the In-Hand Date changes, you may change the In-Hand Date without incurring fees. If your tickets have sold and the In-Hand Date changes, you may incur additional fees.
For tickets to events located in the European Economic Area (and any countries besides the United States and Canada unless specifically noted)
It’s OK to list tickets you own but don't have in your possession yet ('Not In Hand') as long as you're absolutely certain you will have them within 3 days to the event (In Hand). The In Hand Date is the beginning of your shipping window to complete the sale to ensure buyers receive the tickets in time for the event. We'll show buyers a delivery estimate of one day prior to the event. If you're not sure when you will have the tickets in your possession, hold off on listing the tickets.
2.2 Select the right delivery method for your ticket type
Except for tickets sold through Last Minute Services (LMS), StubHub will show you the delivery methods available for the event during the listing process. Not all delivery methods are available for all events. The delivery method determines the last available date to send tickets that are Not In Hand and the date and time the listing will expire (i.e. no longer be visible to buyers). This allows you adequate time to get tickets to buyers before the event.
For some of our integrated partner teams and venues (such as most Major League Baseball teams in the US and some venues in the UK), you'll deliver your tickets by entering the barcodes printed on them. This type of delivery applies to all types of tickets and is not the same as electronic delivery of PDF files (see below).
For all other events, when you start listing your tickets on the 'Enter your ticket details' page, you'll select a delivery method based on the type of tickets you have - electronic tickets (e-tickets), paper printouts, or traditional 'hard' tickets (such as tickets printed on card stock). Once your tickets sell, you can't change the delivery method and you must deliver the tickets using the delivery method you selected.
Important: If you have 'hard' tickets, you must select the shipping option (such as UPS or the relevant third party carrier) or use Last Minute Services (LMS) where available. You must not select electronic delivery, as traditional 'hard' tickets cannot be delivered electronically. And you cannot scan, copy, or photograph them to convert them into PDF files.
For Instant Download and Last Minute Services (LMS) tickets in all locations
Instant Download: If you have e-tickets that are in your possession (In Hand), using Instant Download has the following benefits:
With Instant Download, you'll 'pre-deliver' your tickets when you list them for sale, instead of waiting to receive a buyer's order to deliver them. That way, within minutes of their sale the tickets are delivered to the buyer. If you choose to list your tickets using Instant Download (for US/Canada based events only), you have agreed to list them for sale exclusively on StubHub.
Last Minute Services (LMS): Remember, if you choose to list your tickets for sale using Last Minute Services (LMS), you have agreed to list them for sale exclusively on StubHub (for US/Canada based events only) and you must send your tickets to Last Minute Services (LMS) on or before the In-Hand Date (in the UK, you can also drop them off). This means that buyers can purchase tickets for many events right up until the start of the event and pick them up at a StubHub Last Minute Services (LMS) Centre near the venue. Keep in mind that Last Minute Services (LMS) is not available for all events or sellers.
To learn more about Last Minute Services (LMS) in the US, click here.
To learn more about Last Minute Services (LMS) in the UK, click here.
2.3 Enter accurate ticket info
When you list your tickets on StubHub, you are responsible for providing full and accurate information about your tickets. Depending on the location of the event, this may include all or part of the following: the name of the event, date, section, row, seat and any other required ticket information. Where required, we may remove any listings, cancel any sales or take other actions if listings are vague, confusing, inaccurate or misleading about section, row and seat information.
2.4 Listing by zones
For some events, we divide sections of the venue into zones and allow you to list tickets by zone. In the case of zone listings, you aren’t required to know the exact seat locations for your tickets. But to list tickets by zone, you must be absolutely certain that you’ll be able to deliver tickets in that zone.
2.5 Select any required disclosures
You are responsible for noting any important required disclosures about your tickets, including:
2.6 Select accurate ticket features and comments
If you have an aisle seat ticket, have a parking pass to include with the tickets you're selling, or want to highlight any other details about your tickets, select the appropriate check box on the 'Enter your ticket details' page when you're listing your tickets. Be sure to list exactly what you will deliver to the buyer and select only comments that accurately describe your tickets.
Don't see a comment you're looking for?
Please keep in mind that the comments should be about specific ticket features and disclosures, not subjective comments like 'Best value' and 'Great view' of the stage
2.7 List valid tickets
Only list tickets that you know are valid. It's your responsibility to make sure the tickets you list for sale on StubHub are valid. If you deliver incorrect, misrepresented, invalid, fraudulent or counterfeit tickets for any sale or portion of a sale you , you may incur additional fees or you may be subject to other consequences as set out in these Seller Policies and Clause 19 of the User Agreement.
2.8 Comply with applicable law
When setting the sale price of your tickets, it is your responsibility to comply with all applicable laws, statutes, and regulations.
2.9 Manage your listings and sales closely
You are free to modify or delete your listing at any time before a sale is completed between you and buyer. But keep in mind that by listing a ticket for sale on StubHub, you are making a binding offer to sell that ticket to a buyer who purchases the ticket for the price you have specified. When a buyer accepts your offer by purchasing your ticket, you are contractually bound to supply that exact ticket for the specified price and within the required delivery timeframe.
If you choose to list your tickets on StubHub and on other sites and you end up selling your tickets somewhere else or no longer have them in your possession, delete them from StubHub immediately. If your ticket sells on StubHub although it has sold somewhere else and you are not able to complete the sale, you will be subject to the consequences described in Section 3.3.
If you upload electronic tickets for sale and then remove the listing, StubHub is not responsible if you are unable to use those tickets due to technical or other reasons.
2.10. No guarantee
StubHub does not guarantee that your tickets or related passes will sell or that your listing will appear on the Site within a certain time after it is posted or in a particular order on the event page or through search results. StubHub will not, for any reason, provide compensation for tickets that do not sell, even if it is due to Site unavailability from an outage or maintenance or listing delays.
3. Rules for Getting Tickets to Buyers
3.1 Completing your sales
When your tickets sell, your sale is not complete until the buyer receives the tickets from you. Completing a sale means following all of the steps to deliver the tickets you sold, on time and as promised in your listing.
As soon as your tickets sell, we'll send you an email with a deadline to complete your sale, i.e. the date by which the buyer must receive the tickets. The deadline to complete your sale is based on whether you told us your tickets were in your possession (“In Hand”) or not (“Not In hand”) - and if not, the date you identified as your In Hand Date.
3.2 Deliver your tickets on time and as promised
When sellers deliver tickets late, worried buyers contact us wondering why they haven't received their tickets yet, when they should be looking forward to going to their event. And when a buyer gets tickets that don't match the information in the listing, we may need to take various remedial actions for that buyer including finding replacement tickets, providing refunds, etc. So if any of the information in your listing doesn't exactly match the actual tickets you deliver to the buyer or if you don't complete your sale on time, we may cancel your sale, you may not get paid, you may incur additional fees or you may be subject to other consequences as set out in these Seller Policies and Clause 19 of the User Agreement. With electronic delivery, you will upload your ticket as a PDF file. To ship hard tickets, you need to use the correct shipping label and follow the directions in the confirmation email.
For tickets to events located in the US or CANADA (unless otherwise specifically noted)
The deadline for completing your sale depends on whether or not your tickets are In Hand and how you will deliver your tickets to the buyer. Refer to the table below to determine when you are required to ship (or send) your tickets. Your 'Sale Date' refers to the date you receive the sale notification email.
|In hand||Not in hand|
|UPS Delivery (for orders > 72 hours from event)||Sale Date + 1 business day||In-Hand Date + 1 business day|
|Electronic Delivery (for orders > 48 hours from event)||Sale Date + 1 calendar day||In-Hand Date + 1 calendar day|
Except for tickets sold through Last Minute Services (LMS), StubHub will show you the delivery methods available for the event during the listing process. Not all delivery methods are available for all events. The delivery method determines the last available date to list tickets that are Not In Hand and the date and time the listing will expire (i.e. no longer be visible to buyers). This allows you adequate time to get tickets to buyers before the event.
For tickets to events located in the European Economic Area (and any countries besides the United States and Canada unless specifically noted)
For tickets In Hand (whether “hard” tickets or e-tickets), you are required to send the ticket to the buyer within five (5) working days or if the event is less than two (2) weeks away within 24 hours after you have received an order confirmation email from StubHub using the shipping label provided by StubHub in accordance with the third party carrier terms.
For tickets Not In Hand (“hard” tickets only), you are required to send a sold ticket to the buyer as soon as you have received it from the promoter or organiser, at the latest one (1) week before the event. Tickets must be posted at a post office (or the approved drop-off location of the applicable third party carrier) by no later than the "Post by" date stated on the shipping label. If you do not post your tickets at such location or post them after the “Post by” date stated on the shipping label, the shipment could be lost, delayed or returned.
For tickets Not In Hand (e-tickets only), you must upload your e-tickets as soon as you receive them from the promoter or organiser, at the latest one (1) week before the event.
For Instant Download and Last Minute Services (LMS) tickets in all locations
Instant download: With Instant Download, you'll upload your tickets when you list them for sale, instead of waiting to receive a sale notification email to deliver them. That way, within minutes of their sale the tickets are delivered to the buyer. As with any other tickets, you can always edit or remove your listing before the tickets sell.
LMS: With Last Minute Services (LMS), you drop off or send your tickets to StubHub when you list them for sale. This means that buyers can purchase tickets for many events right up until the start of the event and pick them up at a StubHub Last Minute Services (LMS) Centre near the venue. Keep in mind that Last Minute Services (LMS) is not available for all events or sellers.
To learn more about Last Minute Services (LMS) in the US, click here.
To learn more about Last Minute Services (LMS) in the UK, click here.
3.3 Reporting an issue and offering replacement tickets; Consequences for Dropped Sales and Invalid Tickets
We know things don't always go as planned. You need to report an issue right away if you:
For tickets to events located in the US or CANADA (unless otherwise specifically noted)
If you dropped your sale, StubHub will charge your payment method an amount equal to the greater of (i) 100% of the price of the ticket(s) sold or (ii) the full amount incurred by StubHub to remedy the dropped sale. In addition, you may be subject to other consequences as specified in the User Agreement at Clause 19, including account suspension.
If we receive a report that tickets you sold on StubHub were not valid for entry, we'll investigate to try to determine what caused the issue, and, if necessary, we'll reach out to you to request documentation.
In this situation, except in cases where the venue or organizer/primary ticketer is responsible for the invalid ticket (as determined by our investigation), StubHub will charge your payment method an amount equal to the greater of (i) 100% of the price of the ticket(s) sold or (ii) the full amount incurred by StubHub to remedy the issue for the buyer (the “Invalid Ticket Charge”).
If you fail to respond to this email and or to take any other actions required by StubHub to investigate the invalid ticket claim, you may be charged an amount equal to 20% of the cost of the original tickets, in addition to the Invalid Ticket Charge described in the paragraph above. A response constitutes an acknowledgment of our request and a bona fide effort to investigate the claim and obtain documentation. However, failing to respond, and not being able to provide documentation are not the same. We understand that every team and venue is different, and there may be cases where you cannot obtain documentation to assist in the investigation. In these cases, we'll work with you and use your history with us, specifically your invalid ticket claim rate, to determine the resolution. You can view your invalid ticket claim rate in the Seller Data Portal any time.
For tickets to events located in the European Economic Area (and any countries besides the United States and Canada unless specifically noted)
If you dropped a sale (as defined above) or do not deliver tickets at all or deliver incorrect, misrepresented or invalid tickets (i.e. tickets that are invalid for entry to the venue) or if you make any changes in respect of your ticket listing after your ticket has been sold (i.e. the order has been made by the buyer) resulting in StubHub incurring additional costs, StubHub reserves the right to charge you the following additional fees and other charges to cover StubHub’s costs for resolving the issue, including finding replacement Tickets or issuing a refund to the Buyer:
(a) StubHub may charge a replacement fee which consists of the price of a comparable or better replacement Ticket. The replacement fee can be higher than the original sales price of your Ticket.
(b) StubHub may also charge you for any additional delivery costs which arise out of resolving issues caused by orders that were not correctly fulfilled.
(c) If replacement Tickets cannot be found or cannot be made available in time for the event or if the buyer is otherwise entitled to a full or partial refund according to the terms of the FanProtect Guarantee, because you delivered incorrect, misrepresented or invalid Tickets, StubHub may charge you for the cost of the refund.
(d) In addition to the fees and charges above StubHub may charge an administrative fee for the costs incurred by StubHub when resolving issues caused by any order that is not correctly fulfilled, such administrative fee shall be calculated by reference to the location of the event to which your ticket relates, as follows: £25 (per issue) for events located in the United Kingdom or 25 Euros (per issue) for events located in the European Economic Area or any other country besides the US or Canada unless otherwise specifically noted.
Additional fees and other charges may be charged to your Payment Method or deducted from pending or future payments received from buyers.
In addition, if you are unable to deliver the ticket at the latest one (1) week before the event, we reserve the right to cancel the sale and you will not be paid for the sale. If you were already paid, the payment for your sale may be recovered by charging your Payment Method or by setting off this amount against pending payments for other tickets you've sold or will sell in the future. In addition you may be subject to being charged additional fees or other consequences under the User Agreement at Clause 19.
If we receive a report that tickets you sold on StubHub were not valid for entry, we'll investigate to try to determine what caused the issue, and, if necessary, we'll reach out to you to request documentation.
4. How We Handle Cancelled Events, Play-off Games and Postponed Events
4.1 Cancelled events and play-off games
If you sold tickets to a cancelled event or a play-off game or contingency game that's not played, we'll email you to let you know and you won't be paid for the sale. If you were already paid, we'll recover the payment by charging your Payment Method on file with us or cancelling pending payments (for other tickets you've sold). If you prevent us from recovering a payment, we may suspend your selling permissions or withhold future payments until the amount owed is recovered.
If you need your tickets shipped back to you in order to get a refund of your original purchase, please contact us by replying to the cancellation email within two weeks of the event cancellation.
4.2 Postponed events policy
A 'postponed event' is an event where the time or date has changed because it was rescheduled by the team, venue, artist or organiser. We evaluate postponed events on a case-by-case basis to determine the appropriate course of action. Here are a few things to keep in mind:
5. Getting Paid, Paying Taxes and Tips on Avoiding Consequences
5.1 Getting paid for your ticket sale
Top Sellers will receive their payment as set forth in the Top Seller Handbook (as communicated by StubHub from time to time).
For tickets to events located in the US or CANADA (unless otherwise specifically noted)
If the event is located in the US or Canada, other sellers will usually be sent payments within five (5) business days (sometimes longer) following StubHub's confirmation of the buyer's receipt of tickets or related passes. In some cases, like for contingent events (meaning events that may not happen, including certain play-off games that only occur if a team wins) or other cases as determined in StubHub’s reasonable discretion, sellers will be sent payment within five business days (sometimes longer) of the event itself.
Payment receipt times will vary depending on the payment method chosen by the seller. We'll also send you an email to let you know the buyer received the tickets and we have begun processing your payment.
Payments from buyers are processed by StubHub Services on behalf of sellers. When your tickets sell, your payment will be released within 5 to 8 business days after the event takes place. Please read the Payment Services Agreement for Sellers on the relevant StubHub Site for more details. If you haven't received your payment 8 business days after the event takes place, please contact us.
5.2 Paying taxes
StubHub is not responsible in any way for the accuracy or suitability of any payment of any applicable taxes on your behalf. We do not collect taxes on any sales. As a seller, you are responsible for collecting and remitting any and all applicable international, federal, state, or municipal taxes in connection with ticket sales (including, but not limited to VAT in the UK, TVA in France or MwSt. in Germany).
As of January 2011, we are required by the IRS to collect a Tax ID Number (TIN) for sellers who sell tickets to events located in the US with more than 200 transactions and $20,000 USD paid to them by StubHub per year so we can create an annual 1099k form. If you're one of these sellers, we'll send you an email with instructions on how to add your TIN in My Account.
6. Other Things You're Not Allowed To Do
6.1 Misusing buyer contact information or StubHub's Site and services
We provide you with the buyer’s contact information so you can ship tickets to them. However, don't use this information to contact the buyer for anything other than delivering the tickets you sold to the buyer and do not tell a buyer that you are affiliated with or a representative of StubHub.
You are not allowed to use the StubHub Site or services to:
6.2 Don't place additional items in the envelope (like your contact information, promotional materials for your business etc.)
It may be tempting and seem harmless to include materials in the UPS (or other third party carrier, as relevant) envelope when you ship tickets to buyers - but it's against these Seller Policies. Here are examples of promotional or commercial information that you aren't allowed to include in shipments:
7. What Happens When You Break The Rules
When you violate these Seller Policies, you may face consequences, which could include the following (or any combination):
Remember, it's your responsibility to consult StubHub's User Agreement and all StubHub policies (including these Seller Policies) for all of the detail.
8. Country-Specific Additional Provisions
For events listed on the stubhub.co.uk Site only:
In addition to the tickets listed in Section 1 above (Some of the things you’re not allowed to list), the following types of tickets are not allowed to be listed for sale:
For events in the European Economic Area:
9. Contact Us
9.1 Customer Services
Payment Services Agreement for Sellers
1. For sales transactions prior to 1 July, 2021 for events in the EU and UK, please refer the Payment Services Agreement as set forth below:
This Payment Services Agreement for Sellers ("Payment Services Agreement") is between you ("you" or "Seller") and eBay S.à r.l., 22-24 Boulevard Royal, L-2449 Luxembourg ("StubHub Services") and applies to your use of the payment processing services ("Payment Services") provided by StubHub Services to Sellers in connection with their use of the Site and Marketplace Services according to the StubHub Global Marketplace User Agreement ("User Agreement").
The terminology used in this Payment Services Agreement has the same meaning as in the User Agreement unless otherwise defined in this Payment Services Agreement. In the event of a conflict between one or more of the terms of the User Agreement and this Payment Services Agreement, the terms in this agreement will prevail unless explicitly stated otherwise.
This Payment Services Agreement is effective on 29 June 2018 for all current Sellers and upon acceptance for new Sellers. StubHub Services may amend the terms of this Payment Services Agreement at any time in accordance with Clause 12.
1.1 StubHub Services is authorised by the Commission de Surveillance du Secteur Financier, 110 route d’Arlon, L-2991 Luxembourg as a payment institution under the Law of 10 November 2009 on payment services (licence number 48/13). The Payment Services provided by StubHub Services enable you to receive payments from Buyers for Ticket sales made through the Site and Marketplace Services (“Payments”) and to transfer these funds to a specified payment account, once they have been released in accordance with the terms of this Payment Services Agreement.
1.2 StubHub Services does not in any way become a contractual partner to, or other participant in, the purchase contracts concluded between Buyers and Sellers. The Payment Services provided by StubHub Services are provided exclusively to Sellers. As a Seller you authorise StubHub Services to receive, hold and transfer funds in accordance with your payment instructions and the terms of this Payment Services Agreement.
1.3 The Payment Services provided by StubHub Services are only available in certain countries and territories. You can only receive and transfer funds in certain currencies. StubHub Services may modify the supported countries, territories and currencies at any time.
1.4 The Payment Services provided by StubHub Services are currently free of charge. StubHub Services reserves the right to introduce fees or other charges at its sole discretion with prior notice.
1.5 StubHub Services may use the services of one or more third parties, payment processors and financial institutions to provide the Payment Services according to this Payment Services Agreement.
1.6 If you are using the Payment Services as a business you agree that Articles 79 (1), 81 (3), 86, 88, 89, 90 and 93 of the Law of 10 November 2009 on payment services shall not apply to your use of the Payment Services.
2. Registration and Verification
2.1 In order to use the Payment Services you must register an account ("StubHub account") with StubHub Services. To register you must be 18 years or older and completely and accurately provide the required information during the registration process. Only legal persons, partnerships and natural persons with unrestricted legal capacity which have their place of residence or establishment in one of the countries where StubHub Services provides the Payment Services are permitted to register. A legal person may only be registered by a natural person authorised to represent the legal person. You are not permitted to transfer or grant access to your StubHub account to a third party.
2.2 StubHub Services may require you to provide additional information and/or documentary evidence during registration or at a later stage necessary to verify your or your business’ identity or that may be required by law as a condition of providing the Payment Services. In accordance with our Privacy Notice, StubHub Services may make, directly or through a third party, any inquiries it considers necessary to validate information provided by you, including without limitation checking commercial databases or credit reports.
2.3 In order to access your StubHub account you must use the email address and password specified during registration. You may be provided with additional credentials to enable access to your StubHub account and/or to authorise payment transactions. You are responsible for maintaining the confidentiality and security of your credentials and must not disclose your credentials to any third party.
2.4 You are obliged to contact Customer Service without undue delay if you have any indication or suspicion that any of your credentials have been lost, stolen, misappropriated, used without permission or otherwise compromised. Failure to notify us may put the security of your StubHub account at risk and may result in you being liable for any losses that are incurred by an unauthorised access of your StubHub account.
2.5 You must update the information associated with your StubHub account promptly after any change to ensure it is always kept up to date and accurate. StubHub Services may ask you at any time to confirm the accuracy of your information or to provide documents or other evidence. StubHub Services reserves the right to temporarily or permanently suspend your StubHub account and/or delay or refuse payment transactions if your information is outdated or incorrect.
2.6 You are required to specify a PayPal account to which funds can be transferred from your StubHub account ("Associated Payment Account"). You may change your Associated Payment Account at any time. If you change your Associated Payment Account pending payment transactions may be delayed for security reasons. StubHub Services reserves the right to modify the types of payment accounts a Seller may choose as an Associated Payment Account.
2.7 If you do not use or access your StubHub account for a period of three years it may be closed. After closure, and subject to any necessary money laundering, terrorism financing, fraud or other illegal activity checks, we will attempt to send any funds in your StubHub account to your Associated Payment Account. If we are unable to send you the funds (e.g. because the information we have on file is no longer correct), we may deposit the funds (at your expense) with the Luxembourg Caisse de Consignation at Trésorerie de l'Etat, 3, rue du St-Esprit, L-1475, Luxembourg.
3. Using the Payment Services
3.1 You agree to only use the Payment Services for lawful purposes and to adhere at all times to all laws, rules and regulations applicable to the use of the Payment Services, including the terms of this Payment Services Agreement.
3.2 You may not use the Payment Services to receive or transfer any funds on behalf of any other natural person or legal entity. You cannot use the Payment Services to accept any payments that are not related to your Ticket sales made through the Site and Marketplace Services.
3.3 For the purpose of enabling StubHub Services to provide you with the Payment Services in connection with your use of the Site and Marketplace Services provided by StubHub, you instruct, authorise and empower StubHub Services to provide StubHub with information about your payment transactions on an ongoing basis for the duration of this Payment Services Agreement as required.
3.4 You acknowledge that StubHub Services is required, under national anti-money laundering legislation or similar legislation to provide certain information about its customers to the competent financial intelligence unit (FIU) in charge of the fight against money laundering and terrorism financing or to law enforcement authorities. Furthermore, you instruct, authorise and empower StubHub Services to provide information related to your StubHub account and your payment transactions, as required by law or pursuant to its duty of vigilance (notably to prevent the fraudulent use of the Payment Services), to the relevant law enforcement authorities.
3.5 You instruct, authorise and empower StubHub Services to share information about you with third party service providers to render its fraud detection procedures more efficient so that StubHub Services can provide a safe and reliable environment for your use of the Payment Services, as well as for identity verification, creditworthiness and solvency checking purposes. Please contact Customer Service to receive a current list of all third party service providers StubHub Services employs for the purposes described above.
3.6 In connection with the above, you understand, acknowledge and agree that StubHub Services, by making available the required information to StubHub, the competent FIU or the relevant authorities and third party service providers as described above, is not in violation of any professional secrecy, confidentiality or data protection laws of any jurisdiction it may be subject to.
4. Receiving Payments
4.1 StubHub Services will credit the Payments received from Buyers, less any fees, charges, set-off and other amounts due to StubHub Services or StubHub pursuant to Clause 4.4, to your StubHub account no later than the business day on which the Payments are credited to StubHub Services’ bank account.
4.2 Unless agreed otherwise and subject to Clause 4.5 below, all Payments credited to your StubHub account will be released within five (5) to eight (8) business days after the end of the event for which the respective Ticket(s) were sold.
4.3 You will not receive any interest or any other earnings on any funds held on your StubHub account. Claims due to default of StubHub Services remain unaffected.
4.4 You hereby authorise and instruct StubHub Services to pay any due Service Fees, additional fees and other charges pursuant to Clause 3.2 of the User Agreement or other amounts StubHub is entitled to directly to StubHub and to set them off against pending or future Payments received from Buyers before they are credited to your StubHub account.
4.5 StubHub Services is entitled to delay the release of one or more Payments temporarily if:
(a) The Buyer files a claim pursuant to the FanProtect Guarantee for the underlying transaction; or
(b) There is a reversal or chargeback of the Payment by the Buyer or the Buyer's payment service provider.
A Payment will be released immediately after the case has been resolved and the Seller is entitled to receive the Payment.
4.6 Sellers may inform themselves at any time about all received Payments and their expected release date by logging in to their StubHub account.
5. Reversals and Chargebacks
5.1 If a Payment is subject to a reversal or chargeback by the Buyer or the Buyer's payment service provider, you are obliged upon request to provide to StubHub Services all information and documents required for the investigation of the case within a reasonable timeframe set by StubHub Services.
5.2 A reversal or chargeback by the Buyer or the Buyer's payment service provider may occur in particular for the following reasons:
(a) A chargeback of the funding source of a PayPal payment (e.g. direct debit reversals or credit card chargebacks);
(b) A reversal or chargeback initiated by the holder of the e-money or bank account or of the credit card ("Account Holder") from which the Payment originated because of an unauthorised use of the Account Holder's account or credit card information;
(c) A reversal or chargeback based on a claim within the framework of a buyer protection or similar programme offered by the Buyer's payment service provider.
5.3 If a reversal or chargeback is based on the fact that the Buyer has communicated to his payment service provider that he has not received the Tickets or the Account Holder has reported an unauthorised use of his payment account or credit card information to his payment service provider, and StubHub Services cannot verify the delivery of the Tickets, you are obliged to prove that the Tickets were delivered within the required delivery time frame to the address communicated to you by StubHub. If you are unable to prove that the Tickets have been delivered, StubHub Services shall not be liable for the losses incurred by the reversal or chargeback of the Payment. In the event that a Payment subject to a reversal or chargeback has already been released, StubHub Services reserves the right to set off this amount against other pending or future Payments received from Buyers before they are credited to your StubHub account.
5.4 If StubHub Services determines that you are incurring an excessive amount of reversals or chargebacks, StubHub Services reserves the right to take appropriate measures to mitigate the risk including but not limited to (a) introducing payment transaction volume limits or withdrawal limits on your StubHub account, (b) requiring you to maintain a reserve on your StubHub account or (c) terminating or blocking your StubHub account.
6. Payment Instructions, Manual and Recurring Payment Orders
6.1 Subject to Clause 9, Payments that have been released on your StubHub account in accordance with Clause 4.2 will be processed by StubHub Services in accordance with your payment instructions pursuant to this Clause 6.
6.2 You have the option to instruct StubHub Services to automatically transfer funds from released Payments on your StubHub Account to the specified Associated Payment Account on an ongoing basis ("Recurring Payment Order"). This Recurring Payment Order will remain in effect until revoked by you in your StubHub account.
6.3 In the absence of a Recurring Payment Order, you can manually instruct StubHub Services to transfer funds from released Payments to your Associated Payment Account by signing in to your StubHub account ("Manual Payment Order"). A Manual Payment Order is provided to StubHub Services once you click the "Send Payment" button. Once your Manual Payment Order has been provided to us, you may not revoke it or otherwise withdraw your consent to the execution of the payment transaction.
6.4 StubHub Services reserves the right to automatically transfer any released Payments to your Associated Payment Account if they remain on your StubHub Account for longer than 6 months.
6.5 Payment transactions from your StubHub account will be executed at the latest by the end of the next business day after the corresponding payment instruction has been received by StubHub Services. A Manual Payment Order received before 16:00 on a business day is deemed to be received on that day. A Manual Payment Order received after 16:00 or not on a business day is deemed to be received on the next business day.
6.6 You are obliged to notify StubHub Services without undue delay after becoming aware of any unauthorised or incorrectly executed payment transactions by contacting Customer Service.
6.7 Key information relating to your payment transactions will be provided to you via email. In addition, information relating to your payment transaction history and any applicable fees or other charges is available in your StubHub account. You may access, download and print this information at any time by logging in to your StubHub account. Except as required by law you are solely responsible for retaining permanent records of your account history.
7. Unauthorised and Incorrectly Executed Payment Transactions
7.1 Subject to Clause 7.2 and 7.6 StubHub Services will reimburse you in full for all unauthorised payment transactions sent from your StubHub Account provided that you have informed StubHub Services of the unauthorised payment transaction without undue delay after becoming aware of the transaction and in any event, no later than 13 months after the transaction was executed, unless StubHub Services failed to make available the information related to the transaction in accordance with Clause 6.7.
7.2 You are liable for any losses incurred by an unauthorised payment transaction if you have acted fraudulently or failed either intentionally or through gross negligence, to use your StubHub account in accordance with the terms of this Payment Services Agreement or to keep your credentials confidential and secure.
7.3 You will not be liable for losses incurred by an unauthorised payment transaction which takes place after you have notified StubHub Services of a compromise of your credentials according to Clause 2.4, unless you have acted fraudulently.
7.4 Subject to Clause 7.5 and 7.6 StubHub Services will refund you in full and is liable for losses directly and reasonably foreseeably incurred by an incorrectly or non-executed payment transaction provided that you have informed StubHub Services of the incorrectly or non-executed payment transaction without undue delay after becoming aware of the defect and in any event, no later than 13 months after the transaction was executed, unless StubHub Services failed to make available the information related to the transaction in accordance with Clause 6.7.
7.5 StubHub Services is not liable for a refund or losses incurred by an incorrectly or non-executed payment transaction if the details of the Associated Payment Account provided by you were incorrect or StubHub Services can prove that the full amount of the payment transaction was duly received by the payment service provider of your Associated Payment Account.
7.6 StubHub Services is not liable for any unauthorised or incorrectly executed payment transactions in case the transaction was affected by abnormal and unforeseeable circumstances beyond StubHub Services’ control, despite StubHub Services’ reasonable precautions or where StubHub Services acted in accordance with a legal obligation.
8. Blocking of Accounts, Delay or Refusal of Payment Transactions
8.1 StubHub Services reserves the right to temporarily or permanently suspend your StubHub account, to delay or refuse payment transactions to and from your StubHub account, or otherwise restrict its functionality if:
(a) Required by law or court order or if otherwise required by any regulatory or governmental authority, body or agency having jurisdiction over us;
(b) Required to fulfil our legal obligations in relation to the fight against money laundering and financing of terrorism;
(c) There is suspicion of unauthorised or fraudulent access to or use of your StubHub account or that any of its security features have been compromised;
(d) StubHub Services has reasonable grounds to believe you are carrying out a prohibited or illegal activity;
(e) StubHub Services is unable to verify your or your business’ identity or any other information pertaining to you, your StubHub account or a payment transaction.
8.2 StubHub Services will notify you via email of the suspension or restriction and the reasons for it, where possible, before such measures take place and at the latest immediately thereafter, unless prevented from doing so for security reasons or by law.
8.3 StubHub Services will reinstate your StubHub account or execute the payment transaction as soon as practicable after the reasons pursuant to Clause 8.1 no longer apply.
9. Account Limits and Reserves
9.1 In order to comply with anti-money laundering obligations or to manage risk, StubHub Services reserves the right at its reasonable discretion to place payment transaction volume limits or withdrawal limits ("Limits") on your StubHub account. Such Limits are determined based on your verification status and performance and risk factors. StubHub Services will notify you of any Limits placed on your account and the steps required to remove them. This may involve providing additional information to StubHub Services or going through additional verification processes.
9.2 In order to manage risk or to secure your obligations under this Payment Services Agreement, StubHub Services reserves the right at its reasonable discretion to require you to maintain a minimum balance ("Reserve") on your StubHub account. StubHub Services will notify you of any Reserve placed on your account. A Reserve may be raised, lowered or removed at any time with prior notice to you depending on your performance and the risk associated with your StubHub account.
10. Term And Termination
10.1 This Payment Services Agreement commences on the date that you register with StubHub Services and will continue for an indefinite period unless terminated in accordance with this Clause 10.
10.2 You may terminate this Payment Services Agreement at any time without charge by contacting Customer Service. You may not close your StubHub account while StubHub Services is carrying out verifications of your or your business’ identity or other information pertaining to you, your StubHub account or payment transactions.
10.3 Without limiting the rights of StubHub Services according to Clause 7, StubHub Services may terminate this Payment Services Agreement by giving two (2) months’ prior notice via email to your registered email address.
10.4 If this Payment Services Agreement is terminated by either party, any use of the Site and Marketplace Services as a Seller will no longer be possible.
10.5 After termination by either party, and subject to any necessary money laundering, terrorism financing, fraud or other illegal activity checks, any remaining funds on your StubHub account will be automatically transferred to your Associated Payment Account.
10.6 Termination of this Payment Services Agreement shall not affect the rights or liabilities of either party accrued prior to and including the date of termination or expiry and/or any terms intended expressly or by implication to survive termination or expiry. If there are still pending payment transactions at the time the termination takes effect, they will still be processed pursuant to terms of this Payment Services Agreement.
It is your responsibility to determine what, if any, taxes apply to the Payments you receive, and it is your responsibility to collect, report and remit the correct tax to the appropriate tax authority.
12. Amendments to This Payment Services Agreement
StubHub Services may periodically make changes to this Payment Services Agreement and shall notify you by posting a revised version of the agreement on the Site and emailing you at your registered email address or otherwise notifying you via our Site or Payment Services. The revised terms will become effective two (2) months following such notice and your continued use of the Payment Services will constitute acceptance of the revised terms. If you do not accept the revised terms you can immediately terminate the agreement before the revised agreement takes effect.
13.1 Subject to Clause 7 and to the fullest extent permitted by applicable law StubHub Services (including its parent, subsidiaries, affiliates, directors, agents and employees) shall not be liable to you in contract, tort (including negligence) or otherwise for any business losses, such as loss of data, profits, revenue, business, opportunity, goodwill, reputation or business interruption or for any losses which are not reasonably foreseeable by us arising, directly or indirectly from:
Your use of or your inability to use the Payment Services;
Delays or disruptions in the Payment Services;
Glitches, bugs, errors or inaccuracies of any kind in our Payment Services;
Damage to your hardware device from the use of any of our Payment Services;
The content, actions or inactions of third parties;
A suspension or other action taken with respect to your StubHub account;
Your need to modify practices behaviour or your loss of or inability to do business, as a result of changes to this Payment Services Agreement or our policies.
13.2 Some jurisdictions do not allow the disclaimer of warranties or exclusion of damages, so such disclaimers and exclusions may not apply to you and you may have rights in addition to those contained in this Payment Services Agreement. This is especially so if you are a consumer.
13.3 You accept sole responsibility for the legality of your actions under laws applying to you.
13.4 Nothing in this User Agreement shall limit or exclude our liability for fraud or fraudulent misrepresentation, for death or personal injury resulting from our negligence or the negligence of our agents or employees or for any other liability that cannot be limited or excluded by law.
If you have a dispute with one or more users, you release StubHub Services (and its affiliates and subsidiaries, and its and their respective officers, directors, employees and agents) from claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, arising out of or in any way connected with such disputes.
23.2 You agree to indemnify and hold us and (if applicable) our parent, subsidiaries, affiliates, and our and their respective officers, directors, attorneys, agents, employees, licensors and suppliers (the "StubHub Indemnitees") harmless against any claim or demand and all liabilities, costs and expenses (including reasonable attorneys' fees) incurred by us and (if applicable) any StubHub Indemnitee resulting from or arising out of your breach of this User Agreement, your improper use of our Site or Services, and/or your violation of any law or the rights of a third party.
16. General Provisions
16.1 This Payment Services Agreement (and all documents incorporated by reference) constitutes the entire agreement between the parties pertaining to the subject matter hereof and supersedes all prior agreements and understandings between the parties hereto with respect to the subject matter hereof, whether written or oral. No amendment, modification or supplement of any provision of this Payment Services Agreement will be valid or effective unless made in accordance with the express terms of this Payment Services Agreement.
16.2 Except as otherwise stated, this Payment Services Agreement shall be governed by the laws of the Grand Duchy of Luxembourg. If you are registered as a business you agree to submit to the exclusive jurisdiction of the Luxembourg courts. If you are not registered as a business you agree to submit to the non-exclusive jurisdiction of the Luxembourg courts.
16.3 If any provision of this Payment Services Agreement is held to be invalid or unenforceable under any circumstances, its application in any other circumstances and the remaining provisions of this Payment Services Agreement shall not be affected.
16.4 StubHub Services may assign or transfer its rights and obligations under this Payment Services Agreement at any time, provided that StubHub Services assigns the Payment Services Agreement on the same terms or terms that are no less advantageous to you. You may not assign or transfer this Payment Services Agreement, or any of its rights or obligations, without the prior written consent of StubHub Services, which StubHub Services can refuse in its sole discretion.
16.5 No agency, partnership, joint venture, employer-employee or franchisor-franchisee relationship is intended or created by this Payment Services Agreement or the provision of the Payment Services.
16.6 Nothing in this Payment Services Agreement is intended to confer benefits, rights or remedies unto any person or entity other than the parties hereto and their permitted successors and assigns.
16.7 The subject heading at the beginning of each paragraph of this Payment Services Agreement is for reference purposes only and in no way defines, limits, construes or describes the scope or extent of such paragraph. The following sections survive any termination of this Payment Services Agreement: Unauthorised and incorrectly executed payment transactions, Liability and Release.
16.8 Our failure to act with respect to a breach by you or others does not waive our right to act with respect to subsequent or similar breaches. We do not guarantee we will take action against all breaches of this Payment Services Agreement.
16.9 Any complaints about us or the services we provide should be addressed to us in the first instance by contacting Customer Service. If a complaint is not resolved to your satisfaction, you may contact the Commission de Surveillance du Secteur Financier("CSSF"), 110 Route d’Arlon, L-2991 Luxembourg, which is the competent authority to receive out-of-court complaints by customers of payment service providers authorised in Luxembourg. Further information and additional contact details can be found on the CSSF website at www.cssf.lu.
16.10 StubHub Services will communicate with you in the language(s) in which this Payment Services Agreement has been made available to you. You agree that StubHub Services may provide notice or other information to you by posting it in your StubHub Account, emailing it to your registered email address, posting it to your registered physical address, calling you by telephone or sending you mobile messages. Notices to you by email or mobile messages shall be deemed given 24 hours after the email is sent, unless the sending party is notified that the email address is invalid. Notices sent by registered post shall be deemed to have been received three days after the date of posting. Legal notices to us shall be served by registered mail to: eBay S.à r.l., 22-24 Boulevard Royal, L-2449 Luxembourg.
16.11 You may request a copy of any legally required disclosures (including this Payment Services Agreement) from us and we will provide this to you in a form which allows you to store and reproduce the information (for example, by email).
Hyperwallet Terms and Conditions
These Terms and Conditions are effective as of January 1, 2021. See Section 1.2.4 for further information on how changes may be made. By registering your Pay Portal, you agree to abide by these Terms and Conditions.
1. Hyperwallet and You
1.1.1 Hyperwallet is a PayPal service. We provide payment services and related functionality and technology using a global payout platform and network of financial partners to deliver a range of payout solutions to Hyperwallet’s business customers (each a “Payor”) (the “Services”) who desire to make payments to their designated payees, like you (a “Payee”).
1.1.2 Hyperwallet operates and provides the Services through local affiliates, including members of the PayPal group of companies (each an “Affiliate”) around the world. Together with their respective parents, subsidiaries and affiliates, these Affiliates are individually and collectively referred to in these Terms and Conditions as “Hyperwallet”. Affiliates may be registered and licensed in various jurisdictions with relevant regulatory agencies as set forth in the “Licenses and Complaints” section of the website. The Affiliates set out in the Affiliates and Governing Law Schedule also provide Services to Payors.
1.1.3 Hyperwallet has created a technology portal which may be accessed through a website, application programming interface/API, embedded in or integrated with your Payor’s own platform or system, or other method, and may be branded with your Payor’s brand or co-branded with the Hyperwallet brand (the “Pay Portal”). The Pay Portal is the interface that may facilitate certain payments which you will receive from the Payor (the “Payouts” and each, a “Payout”). Payout capabilities are available in multiple currencies and can be implemented using a variety of different methods. You may be able to receive Payouts from and as directed by your Payor through one of several methods, each as determined by your Payor, such as (but not limited to) a transfer to your bank account, load to a prepaid card issued to you by a third-party issuer (“Hyperwallet Card”), load to a closed loop electronic gift card, load to your existing debit card, cheque, cash pickup at collection locations provided by third-party money transfer providers (e.g. Western Union), and other payment methods (each a “Payout Method” and collectively “Payout Methods”)), all as supported and made available from time to time. Some Payout Methods may require access to the Pay Portal. The Payouts may comprise money remittance and/or the issuance of stored value. The Payouts are delivered through the Affiliates, and a network of banks and financial service providers (“Network Partners”). The Payouts are subject to additional terms and conditions as set forth in the Payout Schedule.
1.1.4 Among the Payout Methods, Payees in the EEA or the UK must contract with us directly to use the Payment Processing Services (as defined below) on the Payor’s marketplace platform. Terms applicable to these Payment Processing Services appear in Section 11 of the Payout Schedule.
1.1.5 Fees for Services
220.127.116.11 YOUR USE OF THE PAY PORTAL MAY BE SUBJECT TO FEES, AS DETERMINED BY YOUR PAYOR. THESE FEES MAY INCLUDE RECURRING MONTHLY FEES, YEARLY FEE AND/OR FEES FOR INACTIVITY. To view the schedule of fees applicable to your use of the Pay Portal, please click on “Fees” appearing under “Resources” section of the header menu on the Pay Portal Home Screen. Or, you may click on “Fees” at the bottom of the Home Screen (the “Fee Schedule”). Fees will be charged only where permitted by applicable law.
18.104.22.168 BY ACCEPTING THESE TERMS AND CONDITIONS, YOU AGREE PAY THE FEES APPEARING IN THE FEE SCHEDULE. You further agree that Hyperwallet may collect the fees automatically from available funds reflected in your Pay Portal, or from the amounts transferred by you through the Payout Methods, as applicable. In addition, you agree third parties facilitating the Payout Methods may impose additional fees on transactions, which may be deducted from available funds reflected in your Pay Portal balance, depending on the type of transaction you conduct. These fees will be displayed to you before completing the transaction. Please review Section 3 for additional terms related to the Fees for Services.
1.1.6 In addition to the Payouts and Pay Portal, Hyperwallet may also originate debit entries directly from your bank account and deliver them to your Payor (“Direct Debits”). Hyperwallet originates Direct Debit entries when instructed by your Payor subject to a written authorization you have granted to your Payor to debit funds from the bank account associated with your Pay Portal. Such authorization must be signed by you, and in a form drafted to meet the requirements imposed under applicable law, including applicable rules of any clearing network through which the Direct Debit entries may be settled. Hyperwallet is reliant on your Payor alone for instructions regarding the amount and frequency of Direct Debit entries. Hyperwallet is not responsible for any losses, fees, or penalties you may incur as a result of processing the Direct Debits from your bank account under a valid and current authorization. Unless applicable law provides for automatic expiry of an authorization, you must communicate your intent to cancel an authorization by sending a written cancellation request to your Payor. In the event that your bank rejects a Direct Debit entry for non-sufficient funds, or in relation to a dispute, Hyperwallet may present the Direct Debit entry again two additional times. Three Direct Debit entries returned for non-sufficient funds by your bank within a 60-day period will void your authorization automatically. To dispute a Direct Debit entry, you must notify the financial institution holding your bank account that you intend to dispute the entry within the 60-day period following the date that your account was debited. Following notification of the dispute with your bank, you should contact Payor to notify them of the dispute.
1.2. Why these Terms and Conditions are important to You
1.2.1. The terms “you”, “your” and “Payee” refer to users making use of the Pay Portal to obtain Payouts. The terms “Hyperwallet,” “we,” “us,” “our,” and similar terms, refer to Hyperwallet as described herein. Other capitalized terms not otherwise defined within the body of the Terms and Conditions shall have the meanings set forth in the Definitions Schedule.
1.2.2. Your Payor has engaged Hyperwallet to provide the Services to it, for its subsequent provision of certain Payouts to you. By providing your details on the Pay Portal, registering on, having access to, or accessing the Pay Portal, you acknowledge all of the terms and conditions contained in these Terms and Conditions and the associated Schedules:
(i) Payout Schedule
(ii) Definitions Schedule
(iii) Affiliates and Governing Law Schedule
(iv) and the underlying Hyperwallet Policies, which include:
(b) Electronic Signature and Communications Delivery Policy (see the “Legal” section of the website); and
(c) if you are issued a Hyperwallet Card, terms found in the associated Cardholder Agreement.
1.2.3. The Terms and Conditions govern your receipt of Payouts through the Payout Methods. As your Payor determines which Payout Methods will be made available to you, not all terms and conditions will apply. Only those terms and conditions relating to the certain Payout Methods determined by your Payor to be made available to you may apply. Nonetheless, these are important documents which you should read and consider carefully. Please print or save a copy of these Terms and Conditions for your records.
1.2.4. We reserve the right to change the Terms and Conditions at any time by posting a revised version in the Pay Portal. The revised version will be effective at the time we post it to the Pay Portal. You are responsible for regularly reviewing the Terms and Conditions. Your continued ability to access the Pay Portal, and/or otherwise using the Payout Methods or receiving the Payouts after the date of any changes constitutes your acceptance of any new or changed Terms and Conditions. If you do not wish to accept the new or changed Terms and Conditions, you must cease accessing the Pay Portal and discontinue receiving the Payouts.
1.2.5. If there is any conflict between the Schedules and any other parts of the Terms and Conditions, the other parts of the Terms and Conditions will prevail with the exception of Section 11 of the Payout Schedule, which shall take precedence over all other parts of the Schedules and the Terms and Conditions in relation to Payees in the EEA or the UK who are using the Payment Processing Services on the Payor’s marketplace platform.
2.1. Access to Payouts
2.1.1. To be eligible to use the Pay Portal to receive Payouts from your Payor, you must:
(i) be at least eighteen (18) years of age or older,
(ii) be located in a country supported by Hyperwallet
(iii) register your use of the Pay Portal by providing current, complete and accurate information as prompted by the registration process on the Pay Portal, and
(iv) agree to the Terms and Conditions presented either in the Pay Portal or by yourPayor.
2.1.2. Some registration and other identifying information about you may be provided to Hyperwallet directly from your Payor from time to time. Multiple registrations are prohibited. You may register only once, and each user must maintain a separate registration. If we detect multiple active registrations for a single user, we reserve the right to merge or terminate the registrations and refuse to permit you to receive Payouts without notification to you
2.1.3 Payees who are companies or registered under a business name are deemed to provide any information required and accept these Terms and Conditions through their authorised representative. If you register on behalf of a company or under a business name, you represent that you are a legal representative of the business Payee, and that you are authorized to provide any information about the business and accept these Terms and Conditions on its behalf.
2.2.1. The Services provided to the Payor are subject to certain limits and availability. Not all Payouts Methods may be made available to you. Save as set out in these Terms and Conditions, the Services are not offered to Payees, consumers or the general public.
2.2.2. The Payout Methods are intended to enable Payouts for business-related and commercial activities in connection with your relationship with your Payor and are not intended for, and may not be used for, personal, family, or household purposes. By registering on the Pay Portal, you attest that you are engaged in a trade or business for gain or profit, whether as a sole proprietor or otherwise and are using the Pay Portal for commercial purposes as an independent contractor of Payor and not for the receipt of any wages subject to payroll withholding or otherwise for personal, family or household purposes. Save as set out in Section 11 of the Payout Schedule, you acknowledge that you are not entering into a business relationship with us.
2.2.3. Hyperwallet is not responsible for and does not have any liability with respect to any of the products, services, or activities for which you receive a Payout via the Pay Portal or any of the actions or inactions of any Payor or any third party, including but not limited to any dispute as to any amount of funds paid or payable to you by such Payor or otherwise. Additional restrictions as to the receipt of the Payouts are set forth in the Payout Schedule.
2.3. Third-Party Services
2.3.1. You may be able to elect to receive certain services from other service providers of Hyperwallet (each such service, a “Third-Party Service,” and each such entity, a “Provider”). Hyperwallet is not responsible for such Providers, the Third-Party Services or any material, information or results available through such Third-Party Services. The applicable Providers may require you to agree to terms and conditions or agreements with respect to their provision of the Third-Party Services to you. You are solely responsible for, and assume all risk arising from, your election and receipt of any Third-Party Service.
2.3.2. If you elect to receive a Third-Party Service, you authorize Hyperwallet to submit to the applicable Provider any and all documents and information about you and your Payor necessary for such Provider to provide the Third-Party Service to you, including without limitation your personally identifiable information, requested by such Provider that you have provided to Hyperwallet in connection with this Agreement and your receipt of the Payouts. You are responsible for the accuracy of all information you provide to us and approve to be submitted to Providers. You represent and warrant that you have all the rights in and to any information necessary to provide information to Hyperwallet, and that Hyperwallet’s use of information as contemplated hereunder will not violate any rights of privacy or other proprietary rights, or any applicable local, state or federal laws, regulations, orders or rules.
2.3.3. You agree that by electing to receive a Third-Party Service and consenting and authorizing Hyperwallet to submit your information to a Provider, you have waived and released any claim against Hyperwallet arising out of a Provider’s use of your information. Except as stated in these Terms and Conditions, Hyperwallet is not liable to you or any third party for any direct, indirect, consequential, special, or punitive loss or damages regardless of whether such damages are based on contract, tort (including negligence), strict liability, or any other theory or form of action or whether Hyperwallet knew or should have known of the likelihood of such damages in any circumstances.
2.4. Identity Verification and Third-Party Permissions
2.5. Your Responsibilities
2.5.1. You are responsible for maintaining adequate security and control of any and all IDs, usernames, passwords, personal identification numbers (PINs), or any other codes that you use to access the Pay Portal or to receive the Payouts. You expressly acknowledge and agree that failure to maintain the security of these items may result in unauthorized transactions and/or loss to you for which Hyperwallet is not responsible to reimburse you or otherwise pay you for any such loss. You agree to notify Hyperwallet immediately of any unauthorized use of your Pay Portal or any other breach of security. You will be responsible for any transfer of funds request received via your Pay Portal unless we are notified of unauthorized use in the manner set out in these Terms and Conditions. You are urged to take appropriate safeguards before downloading information from the Pay Portal. We assume no responsibility for any damages to computer equipment or other property that may result from use of the Pay Portal or downloading anything from the Pay Portal.
2.5.2. Notwithstanding the foregoing, you are responsible for any and all activities, acts or omissions that occur in relation to your Pay Portal, including the accuracy of the information transmitted through your Pay Portal. You are responsible for your Internet connection or any other method that you use to connect to the Pay Portal. You represent that your email account and all information sent to and from your email account is secure and nobody has access to your email account except for you. You also acknowledge that granting permission to a third party to take specific actions on your behalf does not relieve you of any of your responsibilities under this Agreement. Further, you acknowledge and agree that you will not hold Hyperwallet responsible for, and will defend and indemnify Hyperwallet from, any liability arising from the actions or inactions of this third party in connection with any permissions you grant.
2.5.3. Subject to Section 7.5, notwithstanding these Terms and Conditions, you may not assign or transfer your right to utilize the Pay Portal to a third party or otherwise grant any third party a legal or equitable interest in connection with the Pay Portal.
2.5.4. You agree that you may not and will not use the Pay Portal:
(i) for any purpose that is unlawful, fraudulent, deceitful, untruthful, misrepresentative, dishonest or related in any manner to unlawful, unethical or morally questionable activities or is directly or indirectly related to the foregoing;
(ii) if you are located, residing, working or conducting business in any country restricted by any of the following, which Hyperwallet may update from time to time without prior notification to you: Special Economic Measures Act (Canada), the United Nations Act (Canada), the Freezing Assets of Corrupt Foreign Officials Act (Canada), Office of Financial Sanctions Implementation, HM Treasury (UK), the U.S. Office of Foreign Assets Controls’ (“OFAC”) Specially Designated Nationals and Blocked Persons List, or the U.S. Department of State’s Designated Foreign Terrorist Organizations List, as applicable and as, may be amended from time to time; or (ii) any applicable sanction, directive or other action by Foreign Affairs and International Trade Canada, OFSI, OFAC or the United Nations or any other Canadian, U.S, Australian, or European governmental authority regarding terrorism or money laundering;
(iii) for any illegal purposes including but not limited to fraud and money laundering. We will report any suspicious activity to the relevant law enforcement agency;
(iv) in any attempt to abuse, exploit or circumvent any law or regulation;
(v) in any manner that attempts to tamper, hack, modify, frame, "deep link" or otherwise bypass or attempt to bypass security, functionality, entry points or any other features of the Service or the Pay Portal;
(vi) directly or indirectly, either separately or as part of another service, attempt to redirect the Payouts; or
(vii) for uses prohibited by PayPal’s Acceptable Use Policy, as applicable, and as may be updated from time to time;
(viii) for any purpose that Hyperwallet prohibits in its sole discretion or as otherwise prohibited by the Terms and Conditions.
3. Other Associated Fees
3.1 In addition to the Fees appearing in the Fee Schedule, you are further responsible for:
(i) bank processing fees, currency exchange fees or intermediary fees which may be charged by third parties such as your own bank or payment provider that is not associated with us;
(ii) fees incurred by Hyperwallet related to a Payout rejected due to errors or omissions in the Payout Method details supplied by you;
(iii) fees and or taxes related to the Pay Portal arising out applicable law, including sales and use taxes, value-added taxes (“VAT”), goods and services taxes (“GST”);
(iv) fees imposed by internet, mobile carriers used by you to access the Pay Portal or use the services via computer or mobile device.
3.2. Changes to Fees
We reserve the right to change Fees appearing in the Fees schedule at the direction of your Payor or otherwise at our sole discretion. We will publish updated fees in the Pay Portal. Fees will take effect immediately unless otherwise stated or as otherwise provided for in these Terms and Conditions. If you have a question about any of the Fees including any dispute involving any Fee paid or payable by you for the Payout Methods, contact your Payor directly or you may direct those inquiries to Hyperwallet by contacting us.
3.3 . Currency of Fees
All Fees are based on the currency determined by your Payor. If you if you are billed in a currency other than that of your Payor or you request a Payout in a currency different from a currency in your Pay Portal balance, a foreign exchange fee and/or rate may apply.
3.4 Fees for Hyperwallet Card
Fees associated with a Hyperwallet Card are determined by the Issuer of the Card and are outlined in the Issuer’s Cardholder Agreement. The Cardholder Agreement will accompany the Card when the Card is shipped to you. A copy of the Cardholder Agreement is available to you in the Fees page of the Pay Portal.
4. Pay Portal Content
4.1. Copyright and Other Intellectual Property Rights
The Pay Portal contains copyrighted material, trade-marks and other proprietary and confidential information of Hyperwallet and others (collectively “Proprietary Material”), which may include, but shall not be limited to text, documents, information, data, articles, images, photographs, graphics, software, applications, video recordings, audio recordings, sounds, designs, features, and other materials (collectively with the Proprietary Material, “Content”). All Proprietary Material is owned by Hyperwallet, its licensors and various third parties and is protected by applicable intellectual property rights including copyright, patent and trade-mark legislation and treaties. You agree not to modify, publish, copy, transmit, register or claim title to, participate in the transfer or sale of, create derivative works of, or in any way exploit, in whole or in part, any Proprietary Material except for copying that occurs in the ordinary course of browsing the Internet and personal copies of Pay Portal information that you make for your personal use including for your own records. You agree to respect any copyright, trade-mark, patent and other proprietary rights contained in any Proprietary Material on the Pay Portal. The only rights that you can have in Proprietary Material outside of the Terms and Conditions are those granted in writing by Hyperwallet or other owners with rights to the Proprietary Material.
4.2. Links and Content
4.2.1 The links included within the Pay Portal may cause you to leave the Pay Portal in order to gain access to other websites including those related to Third-Party Services (“Linked Sites”). The Linked Sites are not under the control of Hyperwallet and we are not responsible for the content of any Linked Site, the services provided at any Linked Site, any link contained in a Linked Site, or any changes or updates to such sites unless otherwise noted on such sites. We provide these links to you only as a convenience. We may amend, add or delete links on the Pay Portal as we determine in our sole discretion. The inclusion of any link to any Linked Sites in our Pay Portal or any link on a third party’s site to our Pay Portal does not reflect an endorsement by us nor does it necessarily reflect any association with their operators. When you access Linked Sites, you do so at your own risk.
4.2.2 The Content is intended for information purposes only. Although we exercise reasonable efforts to ensure their quality and accuracy, there might be errors, or the information provided may not be complete, current, or applicable to your particular situation. We assume no liability or responsibility for any errors or omissions. You are responsible for evaluating the accuracy, completeness, and usefulness of any opinion, advice, or other content available through the Pay Portal or obtained from a Linked Site.
4.3. No Endorsement
No endorsement or approval of any third party or their advice, opinions, information, products or services is expressed or implied by the Pay Portal or Payout Methods including, without limitation, any endorsement or approval of any Payor or other third party.
5.1.1. The use of the Pay Portal and receipt of the Payouts is at your own risk. The Pay Portal, and any related information, content and/or materials are provided on an “as is” basis without warranties of any kind. Hyperwallet hereby disclaims all warranties, either express or implied, including but not limited to: warranties of title or implied warranties of merchantability; fitness for a particular purpose; non-infringement; and those arising by statute or otherwise in law or from a course of dealing or usage of trade; other than those warranties which are imposed by and incapable of exclusion, restriction, or modification under the laws applicable to this agreement. The disclaimers of warranties and limitations of liability will apply to the maximum extent permitted by applicable law.
5.1.2. Without limiting the generality of the foregoing, you agree that Hyperwallet does not warrant or represent that:
(i) the operation of the Pay Portal and the Payout Methods will be uninterrupted or error free, or that defects will be corrected;
(ii) the Pay Portal, or the servers that make the Pay Portal or Payout Methods available, are free of viruses or other harmful components; and/or,
(iii) the use or the results of the use of the Pay Portal or the Payouts Methods will be correct, accurate, timely, or otherwise reliable.
5.1.3. We make reasonable attempts to exclude viruses from the Pay Portal but cannot ensure that the Pay Portal will be at all times free from viruses or other destructive software.
5.1.4. You further agree, without limiting the generality of the foregoing, that Hyperwallet shall not be responsible or liable to you for:
(i) any actions or inactions of a Payor including but not limited to any dispute as to any amounts paid or payable to you or the failure of a Payor to pay you;
(ii) the Payout Methods for which you receive or intend to receive the Payouts from a Payor regardless whether it is received via the Pay Portal;
(iii) unauthorized access to or alteration of your transmissions or data, any material or data sent or received or not sent or received, or any transactions entered into through the Pay Portal or in connection with the Payout Methods;
(iv) any loss due to payments to unintended users due to the input by you of incorrect information or for payments in incorrect amounts;
(v) any service interruptions, including, but not limited to, system failures, power outages, or other interruptions that may affect processing, settlement, acceptance or disbursement in connection with the Pay Portal or Payout Methods;
(vi) any actions or inactions of any third party, including but not limited to those of any Network Partner or Provider; and/or,
(vii) the inability to perform our obligations because of factors beyond our control.
5.2.1. In no event shall Hyperwallet, including the Affiliates, agents, subcontractors, representatives, network partners or your Payor be liable to you or any other party and you hereby waive any right you may have to sue any of the foregoing entities, for any loss or injury or any damages, either direct, indirect, punitive, special, incidental, consequential or otherwise (including, but not limited to lost profits or lost savings) resulting from or in any way connected to: (a) your use of the Pay Portal or receipt of the Payouts through any of the Payout Methods; (b) any error, failure, or delay of, including, but not limited to the use of or inability to use any functionality or any component of the Pay Portal, for any reason; (c) the performance or nonperformance by Hyperwallet or its agents, subcontractors or network partners, any Payor, third-party service provider products or services, or linked sites; (d) any unauthorized or fraudulent transactions affecting you; or, (e) arising out of any third-party service provider’s use of shared information, even if such party has been advised of the possibility of damages arising out of any of the foregoing. This limitation of liability shall apply regardless of whether the claim asserted is based on contract, tort, negligence, strict liability or otherwise.
5.2.2. In no event shall Hyperwallet, its Affiliates, directors, officers or employees, or your Payor, be liable for any act or omission of any third party including, without limitation, any of Hyperwallet’s agents, subcontractors, representatives, suppliers or network partners, any other users of the pay portal, third-party service providers, providers of a linked site, or for any circumstance beyond the reasonable control of Hyperwallet.
5.2.3. In no event shall the total liability of Hyperwallet (inclusive of all Affiliates, agents, subcontractors, representatives and network partners) to you for all damages in any one or more cause(s) of action exceed the lesser of the actual direct damages incurred by you and the amount of fees paid by you for the affected services giving rise to your claim or cause of action for damages.
5.2.4. Some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of liability for incidental or consequential damages. Accordingly, some of the above limitations may be limited by law in your jurisdiction to the extent that such laws apply to the Terms and Conditions. To the extent the applicable law governing the Terms and Conditions as applied to you limit or prohibit any of the limitations in the Terms and Conditions, then to the extent of such limitation or prohibition, the total liability of Hyperwallet (inclusive of all Affiliates, agents, subcontractors, representatives and network partners) to you will be to complete the performance of the affected transaction which was unable to be performed for you due to the non-performance of the services by Hyperwallet.
5.2.5. You hereby waive any and all rights to bring any claim or action related to the pay portal beyond one (1) year after the first occurrence of the kind of act, event, condition or omission upon which such claim or action is based.
5.2.6. Nothing in this Agreement excludes our liability for liability on our part that cannot be excluded by applicable law. The parties acknowledge that the other party entered into this Agreement in reliance on the limitations of liability stated in this section, and these limitations are an essential basis of the bargain between the parties.
5.3.1. You agree to indemnify and hold Hyperwallet, the Affiliates, its shareholders, subsidiaries, directors, officers and employees, harmless from any loss, claim, demand, or damage (actual and consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, including all third-party claims, liability, losses, expenses, damages, fines, penalties (including damages awarded or settled amounts and reasonable attorney’s fees), arising out of or in connection with your breach of these Terms and Conditions, your relationship or dealings with your Payor, use of the Pay Portal or receipt of the Payouts through any of the Payout Methods.
5.3.2. You agree to indemnify Hyperwallet for all losses arising from us acting on your instruction or that of your Payor (unless these arise due to our gross negligence or wilful intent or fraud).
5.3.3. You agree to indemnify us from any losses we may incur resulting from any error made by you in providing information or instructions to Hyperwallet whether verbally or in writing, through the Pay Portal (unless these arise due to our gross negligence or wilful default or fraud) or in connection with the Payout Methods.
5.3.4. All notices to Hyperwallet must be sent by postal mail to the Legal Notice Mailing address for the Affiliate associated with your country of location as set forth on the Affiliates and Governing Law Schedule.
5.4.1. The following Agreement to Arbitrate provisions apply to you if you are located in the United States and where the Payout Methods in question are governed under the laws of the United States as set forth on the Affiliates and Governing Law Schedule.
5.4.2. This Agreement to Arbitrate contains provisions that govern the resolution of legal claims arising between you and us, which will require you to submit claims you have against us to binding and final arbitration, unless you opt out of the agreement to arbitrate within 30 days after the date you accept the Terms and Conditions for the first time.
5.4.3. You hereby consent to arbitration of all claims before a single arbitrator. The arbitrator will be selected, and the arbitration conducted pursuant to the commercial arbitration rules and mediation procedures of the American arbitration association (“AAA”). No “class” or similar group arbitration shall be permitted. All arbitration hearings or similar proceedings shall be held in Austin, Texas, although you may elect telephonic proceedings or waive any hearing.
5.4.4. The AAA commercial arbitration rules and mediation procedures are available for review at: https://www.adr.org/aaa/faces/rules (click rules, then click commercial arbitration rules and mediation procedures). By agreeing to be bound by the Terms and Conditions, you either (a) acknowledge and agree that you have read and understand these rules or (b) waive your opportunity to read these rules and any claim that these rules are unfair or should not apply for any reason.
5.4.5. Any arbitral award shall be final and binding and may be enforced by any court of competent jurisdiction.
5.4.6. You understand that, in return for your agreement to this section, we are able to offer you the service at the terms designated, and that your assent to this section is an indispensable consideration to this agreement.
5.4.7. You also acknowledge and understand that, with respect to any claim:
(i) You are giving up your right to have a trial by jury and trial by judge;
(ii) You are giving up your right to have a court resolve any such dispute; and
(iii) You are giving up your right to serve as a representative, as a private attorney general, or in any other representative capacity, or to participate as a member of a class of claimants, in any arbitration or lawsuit involving any such dispute.
5.4.8. Unless you opt out: (1) you will only be permitted to pursue claims against Hyperwallet on an individual basis, not as a plaintiff or class member in any class or representative action or proceeding, and (2) you will only be permitted to seek relief (including monetary, injunctive, and declaratory relief) on an individual basis.
5.4.9. If a dispute arises between you and Hyperwallet, our goal is to investigate and address your concerns and, if we are unable to do so to your satisfaction, to provide you with a neutral and cost-effective means of resolving the dispute quickly. Disputes between you and Hyperwallet regarding the Payout Methods and/or Payouts may be reported by contacting us and as further set forth in the dispute resolution provision above.
5.4.10. You and Hyperwallet each agree that any and all disputes or claims that have arisen or may arise between you and Hyperwallet, including without limitation federal and state statutory claims, common law claims, and those based in contract, tort, fraud, misrepresentation or any other legal theory, shall be resolved exclusively through final and binding arbitration, rather than in court, except that you may assert claims in small claims court, if your claims qualify and so long as the matter remains in such court and advances only on an individual (non-class, non-representative) basis. This Agreement to Arbitrate is intended to be broadly interpreted.
5.4.11. You and Hyperwallet agree that each of us may bring claims against the other only on an individual basis and not as a plaintiff or class member in any purported class or representative action or proceeding. Unless both you and Hyperwallet agree otherwise, the arbitrator(s) may not consolidate or join more than one person’s or party’s claims and may not otherwise preside over any form of a consolidated, representative or class proceeding. Also, the arbitrator(s) may award relief (including monetary, injunctive and declaratory relief) only in favor of the individual party seeking relief and only to the extent necessary to provide relief necessitated by that party’s individual claim(s). Any relief awarded cannot affect other Hyperwallet customers.
5.4.12. You can choose to reject this Agreement to Arbitrate by mailing us a signed, written opt-out notice which includes your name, address, phone number, and the email address(es) used to log in to the Pay Portal to which the opt-out applies. The opt-out notice must be postmarked no later than 30 days after the date you accept the Terms and Conditions for the first time. You must mail the opt-out notice to PayPal, Inc., Attention: Hyperwallet Legal Department, 2211 North First Street, San Jose, CA 95131. This Section is made pursuant to a transaction involving interstate commerce and will be governed and enforced by the Federal Arbitration Act, 9 U.S.C.1-16.
6.1. Suspension or Termination of Payout Methods
Hyperwallet may at any time suspend or terminate all or any portion of the Payout Methods, including access to the Pay Portal, for any reason whatsoever as determined by Hyperwallet and/or at the instruction of your Payor, each in their sole discretion. Upon such event, your access to and/or use of the Pay Portal and receipt of the Payouts will immediately be suspended or terminated, as the case may be.
6.2. Closing your Pay Portal
6.2.1. You may close your Pay Portal at any time by contacting us. Upon your Pay Portal closure, we will cancel any pending transactions and you will have a limited period of time (as determined by Hyperwallet) to transfer any remaining funds during which time your Pay Portal will be accessible for the purpose of transferring any remaining funds or balance to your Payout Method. You acknowledge that if you choose to close your Pay Portal, you will not be able to receive any further Payouts through our Services unless your Pay Portal is re-opened, or you complete the registration process for a new Pay Portal.
6.2.2. You may not close your Pay Portal to evade an investigation. If you attempt to close your Pay Portal while we are conducting an investigation, we may hold any funds or balance for up to 180 Days to protect Hyperwallet, the Affiliates, any Network Partner, or a third party against the risk of reversals, chargebacks, claims, fees, fines, penalties and other liability. You agree to cooperate in any investigation of any suspected unlawful, fraudulent or improper activity and will remain liable for all obligations related to your Pay Portal or the Payouts even after the Pay Portal is closed.
6.3. Escheatment of Dormant Pay Portals
6.3.1. If you do not login to or use your Pay Portal for one or more years, Hyperwallet may close your Pay Portal and, if required, will escheat (send) any funds in your Pay Portal to administrator of unclaimed property appointed in your state or country of residence. If you are receiving Payouts from a Payor located in the United States, Hyperwallet will determine your residency based on the address identified in your Profile on the Pay Portal. If your address is unknown, or registered in a foreign country or territory, the funds in your Pay Portal will be escheated to the State of Delaware. Where required, Hyperwallet will send you a notice prior to escheating any funds in your Pay Portal. If you fail to respond to this notice, the funds in your Pay Portal may be escheated to the applicable state. If you would like to claim any escheated funds from the applicable state, please contact the applicable state’s unclaimed property administrator.
6.3.4. Notwithstanding the above, escheatment of funds on Hyperwallet Cards, if any, will be managed in the manner described in the applicable Cardholder Agreement. Hyperwallet reserves the right to directly assess your fees related to our escheatment activities in connection with your Pay Portal and/or Payout Method.
7.1.1. The Electronic Signature and Communications Delivery Policy (see the “Legal” section of the website) describes how Hyperwallet communicates with you electronically. To the fullest extent permitted, you agree and consent to receive any and all communications, agreements, policies, schedules, addenda, statements, history and transaction information, documents, legal and regulatory notices and disclosures, and other content of any type or nature (collectively, "Communications") that we provide in connection with the Pay Portal and the Payouts electronically instead of in paper form.
7.1.2. In addition to electronic Communications described above, you understand and agree that we may contact you using autodialed or pre-recorded message calls or text messages at the telephone number(s) you have provided us to (i) provide notices regarding the Payouts, your Pay Portal or Pay Portal activity; (ii) respond to your inquiries; and/or (iii) investigate or prevent fraud. Standard telephone minute and text charges may apply.
7.1.3. You understand and agree that we may, without further notice or warning and in our discretion, monitor or record telephone conversations with you or anyone acting on your behalf. You acknowledge and understand that, your communications with Hyperwallet may be overheard, monitored, or recorded without further notice or warning.
7.1.4. If you have any questions about the Payouts, Payout Methods, your Pay Portal, a transaction, and/or require technical support, we encourage you to contact the Hyperwallet Support Center at 1-877-546-8220 (North America) or 1-604-638-6657 (Worldwide), or by emailing us at support@Hyperwallet.com.
7.2.1. The Terms and Conditions will be governed by and construed in accordance with the governing law corresponding to the Affiliate providing that portion of the Payout Methods to you as set forth on the Affiliates and Governing Law Schedule, without giving effect to any principles of conflict of laws. Where the laws of the United States apply, all claims and disputes arising under or relating to the Terms and Conditions are to be settled by binding arbitration and such other terms and conditions as set forth in the Agreement to Arbitrate above. Where the laws of England and Wales or the Grand Duchy of Luxembourg apply, the courts of England and Wales or the City of Luxembourg shall have exclusive jurisdiction to settle any dispute or claim arising out of or in connection with the Terms and Conditions or its subject matter or formation (including non-contractual disputes or claims). Where the laws of Canada apply, arising under or relating to the Terms and Conditions shall be submitted to and be subject to the jurisdiction of the courts of the Province of British Columbia and you hereby submit and attorn to the exclusive jurisdiction of the courts of the Province of British Columbia to finally adjudicate or determine any suit, action or proceeding arising out of or in connection with the Payout Methods, Payouts and the Pay Portal.
7.2.2. To the extent permitted by applicable law and as set forth in the agreement to arbitrate provision applicable to the Terms and Conditions, the parties hereby unconditionally waive their respective rights to a jury trial, or class action of any claim or cause of action based upon or arising out of, directly or indirectly, the Terms and Conditions, any of the related documents, and/or dealings between them relating to the subject matter of the terms of service.
7.3. Third-Party Beneficiaries
You acknowledge and agree that: (i) you are not a third-party beneficiary of any contract between Hyperwallet and any third party, and (ii) if you are receiving Payouts from a Payor that Payor is solely responsible for paying you and any dispute related to Payor’s failure to pay you shall be solely between you and Payor. Notwithstanding anything to the contrary herein, a Payor and its affiliates are intended third-party beneficiaries of these Terms and Conditions, are entitled to the rights and benefits hereunder and may enforce the provisions hereof as if they were parties hereto.
Our failure to act with respect to a breach of any of your obligations under the Terms and Conditions by you or others does not waive our right to act with respect to subsequent or similar breaches.
You shall not assign, novate, or otherwise transfer any rights or obligations you have under the Terms and Conditions without the prior written consent of Hyperwallet. We may assign and/or otherwise novate any right or obligation under the Terms and Conditions without your consent.
If any part of the Terms and Conditions is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, the remainder of the Terms and Conditions shall continue in full force and effect. Unless otherwise specified herein, the Terms and Conditions constitute the entire agreement between you and Hyperwallet with respect to the Payout Methods, Payouts and the Pay Portal and supersede all prior or contemporaneous communications and proposals, whether electronic, oral or written, between you and Hyperwallet with respect to the Payout Methods, Payouts and the Pay Portal. The paragraph titles in the Terms and Conditions are solely used for the convenience of the parties and have no legal or contractual significance. It is the express will of the parties that the Terms and Conditions and all related documents have been drawn up in English. We may make the Terms and Conditions available in a language other than English in our sole discretion. If you are reading the Terms and Conditions in another language, the English text shall prevail in the event of any discrepancy in terms among and between the other language(s).
This Payout Schedule is a schedule to the Terms and Conditions and sets forth additional terms and conditions applicable to certain payment services and functionality which may be made available through the Payout Method and Pay Portal and as provided by certain Affiliates. As your Payor determines which Payout Method will be made available to you, not all terms and conditions will apply. Only those terms and conditions relating to the Payout Method made available to you will apply. We reserve the right to change this schedule at any time by posting a revised version in the Pay Portal. The revised version will be effective at the time we post it to the Pay Portal. Any capitalized terms not otherwise defined herein shall have the meanings ascribed to them in the Terms and Conditions.
2. Description of the Payout Method
2.1. Through the Pay Portal, you may receive Payouts from your Payor through one or several Payout Methods, as determined by your Payor. Payout Methods may include the ability to receive your Payouts via:
(i) transfer to your bank account via local clearing networks or wire transfer;
(ii) transfer to your Hyperwallet Card (as defined below);
(iii) transfer to your personal debit card;
(iv) transfer to your PayPal Account (as defined below);
(v) issuance of a stored value account (each as supported and where available by us);
(vii) cash pickup at locations provided by third-party money transfer providers (e.g. Western Union, MoneyGram);
(viii) transfer to a closed-loop virtual electronic gift card; and
(ix) other Payout Methods supported and made available by Hyperwallet from time to time.
2.2. Provided you are eligible to use the Payout Methods to receive the Payouts pursuant to the Terms and Conditions and once your registration of Payout Method details (e.g. bank account information) and preferences has been completed, whether by you or through your Payor, then upon and to the extent of Hyperwallet’s receipt of funds and complete Payout Method instructions from your Payor, such funds may then be received by you through your designated Payout Method in accordance of those Payor instructions. You may have the ability to choose a Payout Method for each Payout or set a default Payout Method to receive any or all of your recurring Payouts. Payout Methods will either involve the remittance by Hyperwallet from and on behalf of Payor to you via a Payout Method or, where expressly indicated, funds being held by Hyperwallet on your behalf as stored-value as set forth below and subsequently redeemed through one or several Payout Methods made available to you.
3. General Payout Terms and Conditions
3.1. Bank Account
By directing us and/or your Payor (as the case may be) to make a transfer to your bank account, you are affirming that you are the owner of the bank account, have confirmed the accuracy of the bank account information provided to us, and have authority to initiate transactions in respect of the bank account. Hyperwallet will make electronic credits and debits via bank clearing networks and/or wire to your bank in the amount Payor specifies unless there are insufficient funds available. You agree that your requests for a transfer to your bank account constitutes your authorization to Hyperwallet to make the transfers to and from your designated checking or savings account, including any adjustments necessary for any transactions which are credited or debited in error. We may permit you or we may utilize other methods to process any particular transfer, such as a wire transfer. Once you have provided your authorization for the transfer, you will not be able to cancel that electronic transfer unless you do so in a manner that allows us and your bank a reasonable opportunity to act on such cancellation.
It may take two to five business days for the proceeds of the transfer to transmit to your bank account. In some situations, we may provide you with an estimate of the processing time your transaction will require via the Pay Portal. Although we may be able to specify a timeframe in which the funds will reach your designated bank, we cannot be responsible for any delays due to any bank clearing network or your bank’s processing of a transaction and cannot guarantee that your bank will make funds available to you on the day it receives the transfer.
You must provide us with the correct details for the bank account to which you would like to transfer funds. If you input incorrect bank account information, you agree that you will not hold Hyperwallet liable for any claims or losses should a transaction not be properly executed, including but not limited to where funds are sent to a bank account in error or otherwise. Your bank and/or a bank which is part of a bank clearing network may charge a return fee or other related fee in connection with the attempted transfer. In the event such a fee is incurred or otherwise imposed on Hyperwallet, such fee will be passed on to you and deducted from your Pay Portal balance or amounts otherwise payable to you.
We will not be liable where you do not have enough money available to transfer, your bank account is closed, the transaction exceeds dollar or frequency limitations imposed by us or your bank, your bank does not honor a transaction or participate in electronic funding, the transaction is not processed, or the transaction is returned by your bank or where we otherwise advise you that your request will not be processed. We shall have no responsibility for any action your bank may take with respect to such transfer to your bank account, including offsetting amounts owed to such bank from such transfer due to an overdrawn account, outstanding fees, or otherwise.
3.2. Hyperwallet Card
You may be issued a Visa® or MasterCard® prepaid card in connection with the Payout Methods (“Hyperwallet Card”). The Hyperwallet Card may be branded with the name and logo of “Hyperwallet” or the name and logo of your Payor. The Hyperwallet Card may be a physical card and/or virtual card. Your Hyperwallet Card is issued by a financial institution (“Issuer”) and your use of the Hyperwallet Card is subject to the terms and conditions, including fees, of applicable Issuer Cardholder Agreements. You can receive a copy of such Cardholder Agreement by contacting us.
The Hyperwallet Card does not constitute a credit card or a checking, savings, deposit or other bank account in your name. It is only available to you in connection with your trade or business and your receipt of the proceeds of your commercial activities in such trade or business from your Payor in the form of the Payouts. It is not a consumer account and is not connected in any way to any other account you may have. Funds transferred to your Hyperwallet Card will no longer be held by Hyperwallet and are instead held by the Issuer. Any balance on a Hyperwallet Card may be held by the Issuer in applicable Federal Deposit Insurance Corporation (FDIC) or equivalent government-insured account(s). Hyperwallet may show you the amount of any balance on your Hyperwallet Card in the Pay Portal for informational purposes only.
If you or your Payor directs us to transfer funds to your Hyperwallet Card, you authorize us to, regularly and without further instruction or action by you, load funds to your Hyperwallet Card, subject to limits that may apply to your Hyperwallet Card. We reserve the right to delay or otherwise limit the amounts loaded to your Hyperwallet Card at any time at our sole discretion and/or require further documentation before loading any funds.
Funds transferred to your Hyperwallet Card are generally available within one (1) Business Day (defined below) following the day the transaction request is received by us. The currency loaded on to the Hyperwallet Card is determined by the funds received from your Payor and the requirements of the Issuer and which may further be dictated by Visa or MasterCard (as the case may be).
Hyperwallet Cards do not offer any credit or overdraft features on the Hyperwallet Cards. Hyperwallet does not authorize prepaid card transactions where there the card has insufficient or unavailable funds. In the event of a merchant forced transactions, settlement timing or errors create a negative card balance, Hyperwallet will not charge an overdraft fee to you.
Where permitted by the card issuer, Hyperwallet may transfer funds from your Hyperwallet Card to your bank account identified in the Pay Portal. You acknowledge and agree that any request of Hyperwallet by you to conduct such transfers (unloads) is fulfilled at Hyperwallet’s discretion strictly in its capacity as a service provider and program manager for the bank that issued the Hyperwallet Card to you. You further agree that any such transfer requested by you is made in connection with and on behalf of your trade or business.
3.3. Personal Debit Card
In certain cases, your Payor may support the ability for you to transfer your payments on an existing Visa® or MasterCard® debit card associated with your US bank account (“Debit Card”). Your Debit Card must be enabled by the bank that issued you the Debit Card. Use of your Debit Card, including balance, transaction history, fees, and other limitations and restrictions will be subject to the terms and conditions determined by your bank.
By directing us and/or your Payor (as the case may be) to make a transfer to your Debit Card, you are affirming that you are the owner of the Debit Card and associated bank account linked to it, have confirmed the accuracy of the Debit Card information provided to us, and have authority to initiate transactions in respect of the Debit Card. Hyperwallet will make electronic credits and debits via Visa®, MasterCard®, or other banking networks in the amount you specify unless there are insufficient funds available. You agree that your requests for a transfer to your Debit Card constitutes your authorization to Hyperwallet to make the transfers to and from your designated Debit Card, including any adjustments necessary for any transactions which are credited or debited in error. Transfers to a debit card not owned by you or transfers to any credit card, whether or not owned by you, are not permitted.
Once funds are transferred to your Debit Card, such funds are no longer held by Hyperwallet and are instead held by the bank that issued you the Debit Card. If you or your Payor direct us to transfer funds to your Debit Card, you authorize us to, regularly and without further instruction or action by you, load funds to your Debit Card, subject to limits that may apply to your Debit Card. We reserve the right to limit the amounts loaded to your Debit Card at any time at our sole discretion and/or require further documentation before loading any funds.
Funds transferred to your Debit Card are generally available within one (1) Business Day (defined below) following the day the transaction request is received by us. We cannot be responsible for any delays due to Visa® or MasterCard®, any network or third-party processor, or your bank’s processing or failure or delay in processing of a transaction and cannot guarantee that your bank will make funds available to you on the day it receives the transfer to your Debit Card. The currency loaded on to the Debit Card is determined by the funds received from your Payor and the requirements of the bank that issued you the Debit Card and which may further be dictated by Visa® or MasterCard® (as the case may be).
You must provide us with the correct details for the Debit Card to which you would like to transfer funds. If you input incorrect Debit Card information, you agree that you will not hold Hyperwallet liable for any claims or losses should a transaction not be properly executed, including but not limited to where funds are sent to another debit card in error or otherwise. Your bank may charge a return fee or other related fee in connection with the attempted transfer. In the event such a fee is incurred or otherwise imposed on Hyperwallet, such fee will be passed on to you and deducted from your Pay Portal balance or amounts otherwise payable to you.
We will not be liable where you do not have enough money available to transfer, your Debit Card and its associated bank account is closed, the transaction exceeds dollar or frequency limitations imposed by us, Visa® or MasterCard®, any network or third party processor, or your bank, your bank does not honor a transaction or participate in electronic funding, the transaction is not processed, or the transaction is returned by your bank or where we otherwise advise you that your request will not be processed. We shall have no responsibility for any action your bank may take with respect to such transfer to your Debit Card, including offsetting amounts owed to such bank from such transfer due to an overdrawn account, outstanding fees, or otherwise.
3.4 PayPal Account
If permitted by your Payor, and as Hyperwallet may elect to make available from time to time, you may receive Payouts to a PayPal Account (as defined below) in your name. Transfers directed to your PayPal Account are subject to the terms and conditions imposed by the issuer of your PayPal Account. By directing us and/or your Payor (as the case may be) to make a Payout to your PayPal Account, you are affirming that you are the owner of the PayPal Account, have confirmed the accuracy of the account information provided to us, and have authority to initiate transfers to the PayPal Account. We will not be liable to you if you do not have enough money to make a Payout to your PayPal Account, your PayPal Account is closed, the transaction exceeds dollar or frequency limitations imposed by us or the PayPal, or if the transfer is returned or rejected by the PayPal for any reason.
We are not responsible for fees or adjustments assessed by PayPal or any delay of any Payout Method attributable to PayPal or any third-party processor used by PayPal to process the Payout Method. Hyperwallet may determine in its sole discretion the availability of Payout Methods to any PayPal Account and/or the currency that denominates any transfer to n PayPal Account.
If you direct us to transfer funds to you and issue a cheque as your Payout Method, you are responsible for confirming the accuracy of the mailing address you provide. We will not send cheques to P.O. boxes. We will only issues cheques which are payable to you as an eligible payee of a Payor and will not issue a cheque to any third party.
Funds transferred to cheque are generally mailed via First Class Mail to you within five (5) Business Days following our receipt of your request and confirmation of complete and accurate payment and mailing information. Mailing periods vary depending on geography. Hyperwallet does not provide expedited delivery service. Hyperwallet may limit the amount of transfers via cheque and/or the address or country to which a cheque may be mailed. If you fail to cash a cheque within 90 days of the date of issuance, the cheque will be cancelled and we will return the funds to the Pay Portal for which a fee will be charged.
3.6. Cash Pickup
If you direct us to transfer funds for cash pick up by you at locations provided by third-party cash pickup providers supported by Hyperwallet such as Western Union or MoneyGram, you are authorizing us to transfer, your identifying information, Payout funds, and funding instructions to such third parties.. Cash pick up services are subject to the terms and conditions of those entities, including applicable fees assessed by Western Union or MoneyGram (as the case may be), as described at www.westernunion.com or www.moneygram.com, depending on the service you choose (subject to availability).
Such Payout Method and availability of funds depends on certain factors including the service selected, the selection of delayed delivery options, amount sent, destination country, currency availability, regulatory issues, consumer protection issues, identification requirements, delivery restrictions, agent location hours, and differences in time zones.
Transactions not picked up or canceled within the time required by Western Union or MoneyGram (as the case may be) following the send date may be assessed administrative and/or foreign exchange fees and/or losses which may be deducted from the amount sent.
3.7. Electronic Gift Cards
If permitted by your Payor, and as Hyperwallet may elect to make available from time to time, you may receive your Payment(s) in the form of a closed loop virtual gift card redeemable from a single retail merchant for goods and services online, or in-store (an “eGift Card”). The eGift Card retailer may be selected by your Payor or selected by you from among the menu of retailers that Hyperwallet may make available to you. EGift Cards issued to you will be sent to the email address associated with your Pay Portal. Payments received by you via eGift Card are generally available to you for immediate use on the eGift Card sent to you. We reserve the right to delay or otherwise limit the amounts of the Payments that you may receive via eGift Card at any time at our sole discretion.
Payments received to an eGift Card are available solely for redemption for goods and services from the selected eGift Card retailer and cannot be transferred from the eGift Card to you through any other Payout Method. Once issued, an eGift Card cannot be reloaded with funds from any additional subsequent Payouts you may receive. Additionally, your use of the eGift Card is subject to the terms and conditions, including fees, set by the eGift Card retailer. You may receive a copy of the terms and conditions applicable to your eGift Card by contacting us.
In certain circumstances, Payor funds payable to you may be available in different currencies supported by us from time to time. The currencies made available are dependent upon the funding requirements of your Payor. You will not be permitted to convert funds in your Pay Portal in order to hold the funds in a different currency (except in connection with a Payout to a Payout Method where such currency options are available) and you agree that you will not attempt to use multiple currencies for speculative trading. You may request to receive funds that are reflected in your Pay Portal in a different currency only at the time of and in connection with your requested Payout via a Payout Method. If you request a Payout in a currency different than the currency in which your Pay Portal was funded, the exchange rate, which will include a transaction fee, will be determined at the time your transaction is processed and deducted from the amount transferred. The fees and currency rate applicable to your transaction will be provided to you in the Pay Portal when you initiate your transaction. You are responsible for all risks associated with receiving a Payout in any currency.
3.9. Additional Optional Services
Hyperwallet may offer you additional optional services from time to time. Such services may include the ability to purchase or incent the purchase of goods and services from your Payor from your Pay Portal (“Spendback” and “Promo”), transfer funds from a Hyperwallet Card to your bank account, the population and production of United States Federal tax forms for domestic and foreign Payees, and such other services and functionality as offered and supported by us from time to time. Hyperwallet may offer, limit, restrict, or terminate any such services without notice to you.
4. Additional Restrictions
Any or all of the Payouts, fees, rates, and the availability and timing of your receipt of any Payout may be affected, limited, delayed or restricted due to a number of factors beyond our control, including but not limited to the funding by your Payor, Payout Method selected, Network Partner requirements, currency availability, regulatory and compliance requirements, country and delivery restrictions, time zone differences, and socio-economic and government factors. Hyperwallet does not guarantee the availability of any Payout Method and makes no representation, warranty or otherwise as to any specific service level, fees, rates, availability or timeframe and will not be liable to you for any negative affect, limitation, delay or restriction.
You hereby certify that you will use the Payouts to process transactions in the name of the registered Pay Portal holder only. Hyperwallet prohibits using the Payouts while impersonating any person or entity or falsely claiming an affiliation with any person or entity. If a Payor sends payments for loading to your Pay Portal, you may transfer those funds only to a bank account or other permitted Payout Method of which you are the named holder.
You may not transfer funds to third-party accounts. We may treat any attempt by you to send funds to an account or Payout Method or other payment instrument of which you are not the named holder as a fraudulent act.
You are not permitted to add money, send / transfer any funds to anyone other than yourself via the Pay Portal or through receipt of the Payouts. Use of the Pay Portal, Payout Methods, or Payouts to conduct person-to-person transfers is strictly prohibited. You may not use the Pay Portal, Payout Methods or Payouts to manage multiple currencies or for spot trading or creating forward contracts. We reserve the right to reject or limit Payout Methods at any time in our sole discretion, including but not limited due to anti-money laundering or risk management concerns. We retain full discretion to refuse to accept any user or to complete any instruction from a Payor or from you to make payments using the Pay Portal or Payout Methods.
5. Refused Transactions
We reserve the right in our sole discretion to refuse any transfer or other request. Reasons for refusal may include but are not limited to insufficient funds, incorrect or outdated information, or activity we deem suspicious. We generally will attempt to notify you of any refusal, using the contact information available to us or in your Profile, stating (where possible) the reasons for the refusal and whether the problem can be corrected. We will not notify you of a refusal where to do so would be unlawful or otherwise prohibited by law.
The Payouts may also be subject to transfer limits. These limits may be adjusted dynamically depending on the type of identification document(s) you provide to us as well as on any other criteria we require from time to time. We may require you to provide us with information verifying your identity, address or other information prior to allowing a withdrawal or transfer of funds. You agree to cooperate with us in any such requests.
6. Cancellation of Transactions
You may cancel a Spendback or Promo request for a refund, less applicable transaction fees, (a) within 30 minutes of authorizing your transfer request; or (b) at any time thereafter only if we have not already commenced processing the transaction in accordance with your order. Due to the particular requirements and rules governing the processing of transfers to Payout Methods, such as wire transfers, transfers and redemptions to such Payout Methods may not be canceled. If you believe there to be an error in connection with a transfer you should notify us immediately by contacting us.
7. Liability for Transfer Errors
You must ensure that the Payout Method details you enter when transferring funds are correct and complete. Failure to provide Hyperwallet with accurate information shall be your sole responsibility. We will not be responsible for actions taken by you in directing us to transfer funds and may rely on information you provide. We will not be liable for losses you sustain if a Payout is misallocated due to errors in the Payout Method details provided by you. It is your responsibility to make sure that all Pay Portal details including but not limited to any bank account numbers, bank account provider details, card details, currency selected, etc. are correct before sending. If any such details are incorrect, your funds may be debited or credited to the wrong account, card or other destination and may not be recovered. If you believe there to be an error in connection with a transfer you should notify us immediately by contacting us.
8. Right of Set-Off, Holds, Reversals, and Reserves
You agree that we are authorized at any time to set-off the funds in your Pay Portal or owed to you from your Payor against your debts or liabilities owed to us, including but not limited to those arising out of any breach of the Terms and Conditions. You also agree that we may reverse or place a hold on your transactions or place a reserve on your funds in your Pay Portal or otherwise owed to you from your Payor if you are in breach of or as otherwise as permitted by the Terms and Conditions. We may exercise any of the rights in this section without notice to you.
9. Dispute Resolution
Information regarding Payouts received, transfers made from your Pay Portal, Hyperwallet Card activity, and certain other Payouts are displayed in the “History” section of Pay Portal. You should check your transaction history regularly and report any unauthorized transactions, unauthorized changes, suspicious activity, errors, irregularities or other complaints as soon as possible by Contacting Us.
In order to file a claim for an unauthorized or incorrectly executed transaction, you must notify us as soon as possible after the date of the transaction. Notwithstanding when you notify us, you understand we may not be able to reverse or correct the unauthorized or incorrect transaction. With respect to any Hyperwallet Card transaction, you must follow the instructions and timeframes set forth in your Cardholder Agreement.
After contacting us we will work with you and your Payor as necessary to attempt to resolve your complaint as quickly as possible under the circumstances. We may require you to provide us details of your complaint in writing and request additional information in order to investigate your complaint. If you feel your question or issue remains unresolved after contacting us, you may also contact the appropriate regional dispute resolution organization directly as further set forth in the “Licenses and Complaints” section of the website.
10. Additional Terms for Canada and the United States
In the United States and Canada and except as otherwise explicitly agreed to by Hyperwallet through this Payout Schedule, Hyperwallet acts as an agent of the Payor in carrying out the Payout Method instructions and remittance of funds of such Payors to their designated payees. As an agent of the Payor, any balance of funds in the Pay Portal does not represent stored value owned by you but belongs to and is the property of the Payor until actually received by you via your Payout Method notwithstanding any ability you may have to direct or instruct us to make any payments of funds reflected in the Pay Portal to your Payout Method and/or to execute any Additional Optional Services such as but not limited to Spendback or Promos.
10.2. Stored Value
Where expressly indicated by Hyperwallet only, a Pay Portal balance may be treated as stored value and owned by you. In these situations, Hyperwallet will identify your Pay Portal balance as stored value and owned by you in the Pay Portal. Any such stored value is not a gift card or gift certificate. Where Hyperwallet has identified the balance in your Pay Portal as stored value, you do not need to maintain a balance in your Pay Portal in order to receive the Services although Hyperwallet reserves the right to close your Pay Portal in its sole discretion. You acknowledge that the Services and the Pay Portal are not bank accounts and that Hyperwallet is not a financial institution. Funds reflected in or transmitted in connection with the Pay Portal do not earn any interest payable to you.
Hyperwallet will combine your balance with the balances of other users and will safeguard those funds in accordance with applicable US state money transmitter laws. We will hold pooled balances separate from our corporate funds and will not use balances for our operating expenses or for other corporate purposes. We will not voluntarily make balances available to creditors in the event of insolvency.
11. Additional Payment Terms for the European Economic Area (“EEA”) and United Kingdom Only
The Additional Payment Terms as described under this Section 11 are between (i) you, as an EEA-based or a UK-based Payee; and (ii) PayPal (Europe) S.à r.l. et Cie, S.C.A. (R.C.S. Luxembourg B 118 349), a duly licensed Luxembourg credit institution in the sense of Article 2 of the law of 5 April 1993 on the financial sector, as amended, and under the prudential supervision of the Luxembourg supervisory authority, the Commission de Surveillance du Secteur Financier. From 1 January 2021, PayPal (Europe) S.à r.l. et Cie, S.C.A. is deemed authorised and regulated by the Financial Conduct Authority. The nature and extent of consumer protections may differ from those for firms based in the UK. Details of the Temporary Permissions Regime, which allows EEA-based firms to operate in the UK for a limited period while seeking full authorisation, are available on the Financial Conduct Authority’s website.
PayPal (Europe) S.à r.l. et Cie, S.C.A. provides Services to you in accordance with this Section 11. If you are receiving Payment Processing Services, PayPal (Europe) S.à r.l. et Cie, S.C.A. provides these to you pursuant to Section 11.5.
11.2. Security and Use of Regulated Third-Party Service Providers
As stated in the Terms and Conditions, you must take all the steps you reasonably can to maintain adequate security and control of all IDs, usernames, passwords, personal identification numbers (PINs), or any other codes that you use to access the Pay Portal, receiving the Payouts or in conjunction with use of the Payout Methods, so that no unauthorised person or entity can use your credentials to log on to your Pay Portal. You must tell us as soon as you can by contacting us if you think someone may be using the Pay Portal without your permission. Before using a third-party service provider you should check with the regulator whether it is authorized and review the provider’s terms and conditions. In the event that we have reasonably evidenced and justified concerns about a third-party service provider for reasons relating to authorisation or fraud we may deny the third-party service provider access to your account. In such event we will notify you and the FCA before or immediately after access denial, unless this would compromise our security concerns or it would be unlawful to do so.
11.3.1 Provision of Spendback
If Hyperwallet makes Spendback available to you for the purchase of goods or services provided by your Payor, and except as otherwise agreed, Hyperwallet acts as an agent of the Payor in carrying out the Payout Method instructions, which instructions may be amended to reflect amounts netted off to execute Spendback purchases via the Pay Portal which is provided for the purposes of this section as a regulated money remittance service. Any amounts available for Spendback in the Pay Portal do not represent e-money owned by you but belong to and are the property of the Payor until actually received by you via your Payout Method notwithstanding any ability you may have to direct or instruct us to make any payments of funds reflected in the Pay Portal to your Payout Method and/or to execute any Additional Optional Services such as but not limited to Spendback. For the avoidance of doubt, the Pay Portal is not a payment account within the meaning of PSD2. Hyperwallet may offer, limit, restrict, or terminate any such services without notice to you.
11.3.2. Spending limits
You agree that we may apply spending limits to your Hyperwallet account and we’ll tell you if we do so.
11.3.3. Stopping a Payout Method
We may stop a Payout Method if:
(i) you do not have enough money in your account to complete the Payout;
(ii) the Payout Method would put you over any spending limit we introduce;
(iii) we reasonably believe and discover that a Payout Method may be unauthorized or you may be acting illegally or that it would be against the law for us allow the Payout Method to be processed; and/or
(iv) the Payout Method would breach or otherwise violate the terms of the Terms and Conditions.
11.3.4 Blocking your Payout instrument
If we have reason to believe that you have engaged in a breach of these Terms and Conditions or any applicable laws and regulations, we may take various actions to protect Hyperwallet, your Payor, a third party, or you from fees, fines, penalties and any other liability. The actions we may take include but are not limited to the following:
(i) We may, at any time and without liability, suspend, block, limit, close or cancel your right to use your account entirely or for any particular transaction, which may in turn suspend, block, limit, close or cancel access to the Payout Methods. We will normally give you advance notice of any suspension or cancellation but we may, if it is reasonable to do so (for example if you are in breach of these Terms and Conditions or we consider it advisable for security reasons), suspend or cancel your right to use your account without prior notice to you; or
(ii) Refuse any particular Payout Method 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 it is not prohibited by law
11.4. PSD2 Provisions
Depending upon the Payouts to be made available to you by your Payor, certain Payout Methods described above constitute a regulated money remittance service in EEA or UK and do not involve you having e-money with us or any Affiliate. In the event that Payout Methods constitute money remittance, then your payment service provider will be a third party such as your bank or card issuer and you should refer to such party’s terms and conditions for the provision of regulated payment services to you.
In the event that you are in receipt of the Payment Processing Services pursuant to Section 11.5, then we are your payment service provider and our provision of regulated payment services to you is governed by all the terms herein and subject to the disapplication of certain provisions of EU’s Payment Services Directive (Directive 2015/2366/EU) (“PSD2”). You agree that, if and to the extent that the provision of any Payouts at any time is subject to any legislation in any jurisdiction implemented for purposes of transposing PSD2, the following provisions of PSD2 shall not apply to this Agreement or to the provision of such Payouts:
(i) Articles 40 (Charges for information), 41 (Burden of proof on information requirements), 42 (Derogation from information requirements for low-value payment instruments and electronic money), 44 (Prior general information), 45 (Information and conditions), 46 (Information for the payer and payee after the initiation of a payment order), 47 (Information for payer's account servicing payment service provider in the event of a payment initiation service), 48 (Information for the payer after receipt of the payment order), 49 (Information for the payee after execution), 51 (Prior general information), 52 (Information and conditions), 53 (Accessibility of information and conditions of the framework contract), 54 (Changes in conditions of the framework contract), 55 (Termination), 56 (Information before execution of individual payment transactions), 57 (Information for the payer on individual payment transactions), 58 (Information for the payee on individual payment transactions), 59 (Currency and currency conversion), 60 (Information on additional charges or reductions), 62(1) (Charges applicable), 64(3) (Consent and withdrawal of consent), 72 (Evidence on authentication and execution of payment transactions), 74 (Payer's liability for unauthorised payment transactions), 76 (Refunds for payment transactions initiated by or through a payee), 77 (Requests for refunds for payment transactions initiated by or through a payee), 80 (Irrevocability of a payment order), and 89 (Payment service providers' liability for non-execution, defective or late execution of payment transactions); and
(ii) where transactions are neither euro nor pound sterling transactions, the requirements regarding execution and time-value dating set out in any PSD2 transposition relating to Articles 83 to 85 of PSD2 will not apply to this Agreement or to the provision of such Payouts, to the extent permitted by Applicable Law.
11.5.1 If you decide to use the Payment Processing Services (as defined below) provided by PayPal (Europe) S.à.r.l. et Cie, S.C.A. (“PayPal”), through a Payor that operates a marketplace platform (“Payor Platform”), as well as other related services on the Payor Platform the terms and conditions of this Section 11.5 (as amended from time to time) (“Platform Terms and Conditions”) will apply to you.
11.5.2 PayPal Payment Processing Services and Payor Platform Services
(i) PayPal Payment Processing Services. PayPal provides the PayPal Payment Processing Services for your use solely through the Payor Platform and subject to these Platform Terms and Conditions set out in Section 11.5. The Payment Processing Services can only be accessed through an account within the Payor Platform, and used to accept and receive payments from buyers using PayPal branded products and services as well as products and services of non-affiliated merchant acquirers, originating from payment accounts, credit cards, debit cards and other payment types related to your sales taking place only on the Payor Platform in exchange for goods and/or services (“Platform Payee Account”). For the avoidance of doubt, this Platform Payee Account is not a payment account within the meaning of PSD2.
(ii) Payor Platform Services. The Payor Platform may also provide certain services to you (“Platform Services”) examples of which may include, but are not limited to, the following: helping you create your Platform Payee Account; providing customer service; assisting with refund and dispute services for transactions involving your Platform Payee Account; providing dashboards and other tools on the Payor Platform that may allow you to manage certain aspects of your Platform Payee Account; and providing technical services, as related to the PayPal Payment Processing Services. The services provided by the Payor Platform are governed solely by your agreement with the Payor Platform and are not provided by PayPal or its affiliates. Any dispute you might have with the Payor Platform concerning services that the Payor Platform provides is between you and the Payor Platform and PayPal is not a party to such dispute; PayPal will not be responsible or liable for the Payor Platform’s failure to provide the Platform Services as agreed. PayPal is not an e-commerce platform or marketplace, and only provides the PayPal Payment Processing Services.
11.5.3 Fees for PayPal Payment Processing Services and Payor Platform Services
(i) PayPal Payment Processing Services Fees. The fees for your use of the PayPal Payment Processing Services through the Payor Platform are accessible on the Payor Platform or otherwise as disclosed to you by the Payor Platform or PayPal. You undertake to pay such fees and your payment of such fees constitutes valid consideration for purposes of these Platform Terms and Conditions between you and PayPal. Upon instructions by your Payor, PayPal will have the right to deduct from your Platform Payee Account funds PayPal’s fees for the PayPal Payment Processing Services. You are responsible for the fees for the PayPal Payment Processing Services even if there are insufficient funds to cover such fees associated with your Platform Payee Account. If your Platform Payee Account funds are not sufficient to cover the fees, you authorise PayPal to debit immediately the amount owed from your Payouts. In the event that PayPal is unable to recover any fee amount that is due from your Platform Payee Account, PayPal may terminate your use of the PayPal Payment Processing Services within 30 days of the date that the fee was due, and you will remain obligated to pay PayPal for any unpaid amounts.
(ii) Payor Platform Services Fees. You hereby agree that the Payor Platform can deduct from your Platform Payee Account balance any Platform Services fees or other amounts payable to Payor Platform communicated to us by the Payor Platform. You are responsible for such payments to the Payor Platform even if there are insufficient funds to cover such fees associated with your Platform Payee Account. If your Platform Payee Account funds are not sufficient to cover the fees, you authorise PayPal to debit immediately the amount owed from your Payout Methods. In the event that PayPal is unable to recover any fee amount that is due from your Platform Payee Account, PayPal may terminate your use of the PayPal Payment Processing Services within 30 days of the date that the fee was due, and you will remain obligated to pay PayPal for any unpaid amounts. If you want to cancel the authorisation for the future, you can close your account with the Payor Platform.
(iii) Taxes. It is your responsibility to determine what, if any, taxes apply to the payments you make or receive, and it is your responsibility to collect, report and remit the correct tax to the appropriate tax authority. PayPal is not responsible for determining whether taxes apply to your Payout Methods or Payouts, or for collecting, reporting or remitting any taxes arising from any transaction.
(i) General. You will receive a Payout of your Platform Payee Account funds from PayPal in accordance with Section 2 of the Payout Schedule of the Terms and Conditions. Any funds associated with your Platform Payee Account, net of any deductions, set-off or debit amounts owed to the Payor Platform or PayPal, will constitute a Payout. If any amounts owed to PayPal exceed the amount of funds associated with your Platform Payee Account, PayPal may initiate a debit from your Payout Methods (if applicable). You agree that PayPal may debit your account for the applicable amounts, and/or setoff the applicable amounts against future Payouts. Upon PayPal’s request, you agree to provide PayPal with all necessary bank account, routing and related information and grant PayPal any required permission to debit the applicable amounts from your Payout Method. Any Payouts, including the timing thereof, will be in accordance with the terms and conditions established by, and communicated to you by, the Payor Platform. Any Payout may be reduced by the amount of fees, fines and amounts owed to PayPal or the Payor Platform for any reason.
(ii) Suspension of Payouts. PayPal reserves the right to suspend the Payouts to you, even after you have stopped accepting payments to your Platform Payee Account through the Payor Platform. Examples of situations where PayPal may do so are: (i) when PayPal is instructed to do so by the Payor Platform; (ii) where there are pending, anticipated, or excessive chargebacks, refunds, reversals, disputes or invalidated payments; (iii) in the event that PayPal suspects or becomes aware of suspicious activity; (iv) where PayPal is required by applicable law or court order. If PayPal exercises its right to withhold a Payout for any reason, PayPal will work with the Payor Platform to communicate the general reason for withholding the Payout and give you a timeline for releasing the funds and any necessary steps you’re required to take.
(iii) Incorrect Payouts. The information required for receiving your Payouts will depend on the financial institution where you hold your Payout Method. Please make sure that any information about your Payout Method that you provide to PayPal is accurate and complete. If your Payout Method information changes or you decide that you want to switch to a different Payout Method, you must notify PayPal by following the procedures established by the Payor Platform. The Payor Platform might require you to provide notice of a change a certain number of days in advance of the change taking effect. You understand that this requirement exists to ensure the Payor Platform has sufficient time to notify us of the change and to give us time to reflect the change in our systems. PayPal will not be responsible for any problems with a Payout that results from PayPal using incorrect Payout Method information because of your delay in providing notice to the Payor Platform.
11.5.5 Service Requirements, Limitations and Restrictions
(i) Compliance with Applicable Law. You must use the PayPal Payment Processing Services in a lawful manner, and must obey all laws, rules, and regulations applicable to your use of the PayPal Payment Processing Services and to transactions. As applicable, this may include compliance with domestic and international laws related to the use of provision of financial services, notification and consumer protection, unfair competition, privacy, and false advertising, and any other laws relevant to transactions. This may also include compliance with any rule, guideline, or bylaw of any of the card networks (e.g. Visa, Mastercard, American Express and Discover) or of the Payor Platform.
(ii) Prohibited Businesses and Activities. In connection with your use of the PayPal Payment Processing Services, you must comply with the Acceptable Use Policy. You may not use the PayPal Payment Processing Services in or for the benefit of a country, organization, entity, or person embargoed or blocked by any government, including those on sanctions lists identified by the United States Office of Foreign Asset Control (OFAC). You may not use the PayPal Payment Processing Services to facilitate illegal transactions or to permit others to use the PayPal Payment Processing Services for personal, family or household purposes.
(iii) Service Limitations and Restrictions. PayPal may refuse, condition, or suspend any transactions that PayPal believes: (i) may violate these Terms and Conditions or other agreements you may have with PayPal; (ii) are unauthorized, fraudulent or illegal; or (iii) expose you, PayPal, the Payor Platform, or others to risks unacceptable to PayPal. If PayPal suspects or knows that you are using or have used the PayPal Payment Processing Services for unauthorized, fraudulent, or illegal purposes, PayPal may share any information related to such activity with the appropriate financial institution, regulatory authority, or law enforcement agency consistent with PayPal’s legal obligations. This information may include information about you, your Platform Payee Account, your customers, and transactions made through your use of the PayPal Payment Processing Services.
11.5.6 Your Obligations to Customers and Customers’ Obligations to You
You are solely responsible for, and PayPal disclaims any liability for, the provision of goods or services sold to your customers or users as part of your use of the PayPal Payment Processing Services, and any obligation you may owe to your customers or users. PayPal is not responsible for your obligations to your customers, including to properly describe and deliver the goods or services being sold to your customers. You are solely responsible for, and PayPal expressly disclaims all liability for, your compliance with applicable law and obligations related to your provision of the goods or services to your customers. This may include providing customer service, notification and handling of refunds or consumer complaints, provision of receipts, registering your legal entity, or other actions not related to the PayPal Payment Processing Services. You agree to indemnify PayPal for any losses we incur based on your failure to properly describe or deliver goods or services, or comply with your legal or contractual obligations to your customers. PayPal is not responsible for any amounts owed to you by your customers, including amounts for payment transactions that were authorized by the issuer or other provider of the customer’s payment method but that were subsequently rejected or reversed.
11.5.7 Payee Permissions and Instructions to PayPal
(i) Permissions and Instructions. You hereby appoint the Payor Platform as your technical service provider to:
a) request that a one-time or recurring transaction, submitted to PayPal by the Payor Platform via its technical integration with PayPal for purposes of providing the Platform Services, shall be deemed as if submitted and authorised by you and/or on your behalf;
b) request that an instruction for splitting your Payouts, submitted by the Payor Platform via its technical integration with PayPal, shall be deemed as if submitted and authorised by your and/or on your behalf. An instruction for splitting the Payout amount is your request to PayPal to: (i) deduct the Platform Services fees from Payouts in relation to your Platform Payee Account and (ii) to arrange for this specific amount to be paid by PayPal directly to the Payor Platform on your behalf.
c) request that a refund transaction, submitted to PayPal by the Payor Platform via its technical integration with PayPal, shall be deemed as if submitted and authorised by your and/or on your behalf;
d) agree to obtain your customer’s permission, where legally required, for the transfer of your customer’s data to the Platform by PayPal for the purposes of (i) providing the PayPal Payment Processing Services and (ii) compliance with applicable law.
e) authorise PayPal to share any data and confidential information with the Platform as and when required solely for the purposes of (i) providing the PayPal Payment Processing Services and (ii) compliance with applicable law.
You hereby agree as a principal to confer the authority to the Payor Platform as your exclusive agent to:
a) access your Platform Payee Account, and perform any and all actions therein in your name, on your behalf and instead of you, that a PayPal primary account user can perform, subject to these Terms and Conditions and any restrictions under applicable law;
b) communicate with PayPal as your sole representative, in relation to your Platform Payee Account and that any such communication in writing shall be considered as if received from and/or communicated to you directly, subject to these Terms and Conditions and any restrictions under applicable law. As representative, the Payor Platform shall be released from any restrictions of self-contracting under any applicable law.
You can revoke the permissions and instructions herein anytime. If you decide however to revoke them, you will no longer be able to receive the PayPal Payment Processing Services via the Payor Platform.
(ii) Responsibility and Liability for Permissions and Instructions. You hereby accept that to the extent permissible by law: (i) PayPal shall not be liable for any delays and/or errors in the execution of the payment transactions or Payouts caused directly or indirectly by the technical or other issues due to the Payor Platform and/or its technical integration with PayPal and/or (ii) you will be liable for any assessments, fines or similar imposed by the card networks to PayPal and/or its banking partners in relation to the PayPal Payment Processing Services. You further agree to take full responsibility to the extent permissible by law for the above mentioned instructions and authorisations granted to PayPal for the Payor Platform to act on your behalf in performing certain of your obligations when receiving services from PayPal.
11.5.8 Data Sharing
11.6 Further Clarifications
In the event that you are a consumer, a micro-enterprise or a charity, the following clarifications to the Terms and Conditions and the Payout Schedule apply:
For Terms and Conditions:
(i) Sections 1.2.4 and 3.3: We will notify you of any changes to the Terms and Conditions on two (2) months notice except where the changes are more favourable for you in which case the changes will be immediate. In the event that you do not accept the changes you have a right of termination at any time without charge within the two (2) month notice period or such later date when the change is due to come into effect.
(ii) Section 3.1.1: The Pay Portal contains all relevant information relating to the Payouts, fees and exchange rates. It also provides all relevant information relating to the Payout transactions including (a) a reference enabling you to identify the Payout transaction and, where appropriate, the payer and any information transferred with the Payout transaction; (b) the amount of the Payout transaction in the currency in which the funds are at your disposal; (c) the amount of any charges for the Payout transaction payable by you and, where applicable, a breakdown of the amount of such charges; d) where applicable, the exchange rate used in the Payout transaction, and the amount of the Payout transaction before that currency conversion; and (e) the credit value date.
(iii) Section 3.1: You agree that we may deduct all applicable fees listed in the Pay Portal from your account or the sums we send to you.
(iv) Section 6.1: These Terms and Conditions apply from the moment you successfully register to use the Pay Portal and/or receive the Payouts, and end when your Pay Portal is closed and the Payouts are ceased for whatever reason, except that these Terms and Conditions will survive termination to the extent and for so long as we require to deal with the closure of your Pay Portal and to comply with applicable laws and regulations. Furthermore, Sections 5, 6 and 7 shall survive the termination of this agreement.
(v) Section 6.3: You may redeem part or all of the funds in your account at any time up to six (6) years after the date of termination or expiry of this agreement.
(vi) Section 7.1: You may request paper statements free of charge by providing a written request addressed to Hyperwallet Systems Inc., Suite 300, 950 Granville Street, Vancouver, British Columbia, Canada, V6Z 1L2. Please include your name, Pay Portal user ID and address. You can also print or download copies from the Pay Portal free of charge.
For Payout Schedule:
(i) Section 3.1: We will execute your Payout transactions by the end of the business day following the time of receipt of the relevant Payouts.
(ii) Section 5: We will notify you of any refusal of a Payout at the earliest opportunity and such notice will include the procedure for rectification of the reason for refusal if possible
(iii) Sections 6 & 7: Hyperwallet will ensure that the details of each transaction will be made available for you to view online for at least 13 months from when it is first made available. You must notify us without undue delay on becoming aware of any unauthorized, incorrectly executed Payout transaction or in the event that you think someone is using your security credentials without your permission without undue delay on becoming aware of the same and in any event no later than thirteen (13) months after the debit date. You are liable up to a maximum of £35 for any losses incurred in respect of an unauthorised Payout transaction except (1) where the loss, theft or misappropriation of a Payout instrument was not detectable by you prior to the Payout, except where the payer acted fraudulently; or (2) the loss was caused by acts or omissions of an employee, agent or branch of a payment service provider or of an entity which carried out activities on behalf of the payment service provider. You are liable for all losses incurred in respect of an unauthorised Payout transaction where you (1) acted fraudulently; or (2) failing with intent or gross negligence to comply with the terms of this agreement in relation to Payout instruments and personalised security credentials. Except where you have acted fraudulently, you are not liable for any losses incurred in respect of an unauthorised Payout transaction arising after properly notifying us. If we discover a processing error, we will rectify the error. If the error resulted in your receiving less money than you were entitled to, Hyperwallet will credit your account for the difference. If the error results in you receiving more money than you were entitled to, Hyperwallet may debit the extra funds from your account. If a Payout was made to your account by way of mistake, Hyperwallet may correct the mistake by debiting or crediting (as the case may be) your appropriate Funding Source(s). If the error resulted in our not completing a transaction on time or in the correct amount, we will be liable to refund any amount as a result of carrying out a defective, late or non-executed Payout transaction and for your losses or damages directly and reasonably foreseeably 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
- circumstances beyond our control (such as fire or flood or loss of Internet connection) prevented the transaction, despite our reasonable precautions.
Notwithstanding any other term of these Terms and Conditions, Hyperwallet will not be held liable for the non-execution or defective or late execution of a Payout transaction if you have failed to notify PayPal about the issue without undue delay after becoming aware of the issue or in any event within 13 months after the debit date of the Payout transaction.
(iv) Section 9:
PayPal will attempt to resolve any complaint relating to the provision of the PayPal Payment Processing Services via our customer centre. For UK resident users only, we will aim to respond to your complaint as quickly as possible; however, depending on the complexity of the issue, it may take up to 15 business days for payments-related complaints and up to 8 weeks for all other complaints. If there is any delay in our final response, we will send you an update on the progress. In addition, you may make a complaint to the following:
- European Consumer Centre (ECC-Net). For EEA resident users only. You may obtain further information regarding the ECC-Net and how to contact them at ( http://ec.europa.eu/consumers/redress_cons/ ). Only for Micro-enterprises.
- UK Financial Ombudsman Service (FOS). For UK resident users only - the FOS is a free, independent service, which might be able to settle a complaint between you and us. You may obtain further information regarding the FOS and contact the FOS at http://www.financial-ombudsman.org.uk. Only for small to medium-sized enterprises (as defined by the FOS) with seat in UK.
- Commission de Surveillance du Secteur Financier (CSSF). The CSSF is the authority responsible for the prudential supervision of companies in the financial sector in Luxembourg. You can contact the CSSF at 110 Route d’Arlon L-2991 Luxembourg. You may obtain further information regarding the CSSF and how to contact them at: http://www.cssf.lu.
To the extent that the Payouts are provided where the payment service providers of both the payer and the payee are located within the EEA or the UK and the service relates to a transaction in a currency other than the currency of an EEA State or the UK:
(i) Title III of PSD2 applies only in respect of those parts of a transaction which are carried out in the EEA and Articles 45(1)(b), 52(2)(e) and 56 (a) do not apply; and
(ii) Title IV of PSD2 applies only in respect of those parts of a transaction which are carried out in the EEA and Articles 81 to 86 do not apply.
To the extent that the Payouts are provided where the payment service provider of either the payer or the payee, but not both, is located within the EEA or the UK:
(i) Title III of PSD2 applies only in respect of those parts of a transaction which are carried out in the EEA and Articles 45(1)(b), 52(2)(e), 52(5)(g) and 56(a) do not apply; and
(ii) Title IV of PSD2 applies only in respect of those parts of a transaction which are carried out in the EEA and Articles 62(2) and (4), 76, 77, 81, 83(1), 89 and 92 do not apply
13. Additional Terms for Australia
Hyperwallet is authorised to:
(ii) Provide financial product advice for non-cash payment products;
(iii) Issue, apply for, acquire, vary or dispose of non-cash payment products; and
(iv) Apply for, acquire, vary or dispose of a non-cash payment product on behalf of another person or retail and wholesale clients.
13.2. Financial Services Guide
A copy of Hyperwallet Systems Australia Pty Ltd Financial Services Guide is available in the “Licenses and Complaints” section of the website.
14. Additional Terms for Japan
14.1. Shuno-Daiko Service
The Services in Japan are provided under a “shuno-daiko” service model. Under this service model, Hyperwallet acts as your receiving agent to accept payments from your Payor on your behalf and remit those payments to you. Once, but only to the extent, Hyperwallet receives payment from your Payor, the liability and obligation to remit such payments received to you will be the responsibility of Hyperwallet and not your Payor.
The following capitalized terms not otherwise defined in the Terms and Conditions elsewhere shall have the meanings set forth below:
"ACH" means an electronic transfer method utilized by financial institutions in the United States operated by the Automated Clearing House.
"Affiliate" means any entity at any time controlling, controlled by or under common control with Hyperwallet, as the case may be. The term "control" as used in this definition means the legal, beneficial or equitable ownership, directly or indirectly, of more than 50% of the aggregate of all voting equity interests in such entity.
"BACS" means an electronic transfer method utilized by financial institutions in the United Kingdom operated by Bacs Payment Schemes Limited.
“Braintree” or “PayPal” means PayPal (Europe) S.à r. l. et Cie, S.C.A., a limited liability partnership registered as number R.C.S. Luxembourg B 118 349 having a registered office at 22-24 Boulevard Royal, L-2449, Luxembourg.
"Business Day" means 6 a.m. to 5 p.m., PST, Monday through Friday, excluding any federal holiday in the United States or statutory holiday in British Columbia, Canada, or bank holiday in the United Kingdom or Australia.
“Card” means a plastic, contactless, chip-and-pin, magnetic stripe or virtual card, issued by a financial institution or other authorized institution to which a payment may be made via the Services.
“EEA” the European Economic Area consisting of the following countries Austria, Belgium, Bulgaria, Croatia, Cyprus, Czech Republic, Denmark, Estonia, Finland, France, Germany, Greece, Holland, Hungary, Iceland, Ireland, Italy, Latvia, Liechtenstein, Lithuania, Luxembourg, Malta, Norway, Poland, Portugal, Romania, Slovakia, Slovenia, Spain and Sweden.
"Issuer" means a financial institution or other authorized institution which issues Cards.
"Network Partners" means a third party such as participating banks, money services businesses, card associations, Issuers, processors, cash pick-up, and other providers.
“Payment Processing Services” means the payment processing services offered by PayPal that provide a Payee with the ability to accept PayPal, credit and debit card and other payment types related to the sale by the Payee of goods or services through the Payor Platform. The Payment Processing Services include the routing and processing of sales transactions based on the applicable payment type and Payout to the Payee of resulting settlement funds to the Payee’s Payout Method.
“Payouts” will have the meaning ascribed to it under Section 1.1.3
"Payout Method" means one or more payout disbursement methods such as bank or wire transfer, load to a prepaid card or debit card, cheque, cash pick up, or such other method as supported by Hyperwallet from time to time. “Pay Portal” means the primary technology interface with the Services provided by Hyperwallet, which may be accessed through a website, application programming interface/API, embedded in or integrated with your Payor’s own platform or system, or other method.
"PayPal Account" is a digital payment instrument that may be used to send and receive money or make payments using a supported payment method. A PayPal Account can be a PayPal e-money account, PayPal Cash account, PayPal Cash Plus account, or Venmo account.
“Pay Portal” will have the meaning ascribed to it under Section 1.1.3.
“Payor Platform” will have the meaning ascribed to it under Section 11.5.1.
“Platform Payee Account” will have the meaning ascribed to it under Section 11.5.2 (i).
“Platform Services” will have the meaning ascribed to it under Section 11.5.2 (ii).
"Profile" means your Identification and preference information in the Pay Portal.
"SEPA" means the Single Euro Payments Area is a payment-integration initiative of the European Union for simplification of bank transfers denominated in euro.
“Services” will have the meaning ascribed to it under Section 1.1.1.
"Terms and Conditions" means the applicable terms and conditions governing access and use and receipt of the Services and the Pay Portal as provided and updated from time to time by Hyperwallet.
“Third-Party Service” will have the meaning ascribed to it under Section 2.3.1.
Affiliates and Governing Law Schedule
|Location||Hyperwallet Affiliate Provider*||Regulatory Details||Laws Governing the Terms and Conditions||Legal Notice Address|
|United States||PayPal, Inc.||PayPal, Inc. is a company incorporated under the laws of the State of Delaware. PayPal, Inc. is a licensed money transmitter in various US states. See the “Licenses and Complaints” section of the website for a complete list.||State of Delaware, United States of America||PayPal, Inc., Attention: Legal Department
2211 North First Street, San Jose, California 95131
|EEA and the United Kingdom||PayPal (Europe) S.à r. l. et Cie, S.C.A.||PayPal (Europe) S.à r.l. et Cie, S.C.A. (PayPal) is a corporate partnership limited by shares (Société en commandite par actions), registered with the Luxembourg Trade and Company Register under number B118349, a credit institution supervised by the Commission de Surveillance du Secteur Financier (CSSF)||Luxembourg||Attention: Legal Department, 22-24 Boulevard Royal, L2449, Luxembourg|
|Canada or any other country serviced by Hyperwallet||Hyperwallet Systems Inc.||Hyperwallet Systems Inc. is a company incorporated under the federal laws of Canada.
Hyperwallet Systems Inc. is registered as a money services business with the Quebec Autorité des Marchés Financiers (AMF) (reference 901204) and the Canadian Financial Transactions and Reports Analysis Centre (FINTRAC) (reference M08905000) under the Proceeds of Crime (Money Laundering) and Terrorist Financing Act for the transferring of funds and dealing in foreign exchange.
|British Columbia||Attention: Legal Department, #1200 - 475 Howe Street, Vancouver, BC V6C 2B3|
|Australia||Hyperwallet Systems Australia Pty Ltd||Hyperwallet Systems Australia Pty Ltd is a proprietary company (ABN 38 616 937 716).
Hyperwallet Systems Australia Pty Ltd is authorised by the Australian Securities and Investments Commission (Licence No. 499092).
|New South Wales, Australia||Attention: Legal Department, Level 23, 1 York Street, Sydney. NSW 2000.|
*As a general matter, you will receive the Services from the Affiliate based upon your country of location. However, Hyperwallet may, at any time and in its sole discretion, delegate the performance of any of the Services, obligations and/or requirements to any of its Affiliates, agents, or suppliers.
Effective Date: January 1, 2021
For the purpose of the data protection regulations applicable in the EEA, UK and Brazil, the data controller is PayPal (Europe) S.à r.l. et Cie, S.C.A, a duly licensed Luxembourg credit institution under Article 2 of the law of 5 April 1993 on the financial sector, as amended, and under the prudential supervision of the Luxembourg supervisory authority, the Commission de Surveillance du Secteur Financier.
The Sites and Services are operated by Hyperwallet for Payors or on behalf of Payors, respectively.
II. What Personal Data Do We Collect?
The Hyperwallet Sites are where You can learn more about the Services.
We collect Personal Data about our business customers (each a “Payor”) and their designated payees (each a “Payee”) when they use the Sites or the Services. We also collect information about the third-party service providers who we engage to help us provide the Services, as well as information about our employees.
We collect information about You that You provide to us when You access or use the Sites or Service. This information may include Your name, nationality, home address, telephone number, personal e-mail address, Your forwarding address (e.g. during a vacation), previous address(es), billing and account information (such as credit or debit card number, or bank account number), Your mailing preferences, delivery instructions, transaction history, IP address, and service preferences, as well as other information defined as non-public or private information about You pursuant to applicable law.
III. How do We Retain Personal Data?
IV. How Do We Process Personal Data?
We may Process Your information for the following reasons:
- To operate the Sites and provide the Services, such as to evaluate a Payor’s application to use our Services or to establish Your identity for compliance purposes, authenticate Your access to Your Account; and to process payment transactions on a Payor’s behalf;
- To manage our business needs, such as monitoring, analysing, and improving the Services and the Sites’ performance and functionality
- To manage risk and protect the Sites, the Services and You from fraud by verifying Your identity and helping to detect and prevent fraud and abuse of the Sites or Services.
- To market to Payors by delivering marketing materials about Services.
- To provide You with location-specific options, functionality or offers if You elect to share Your Geolocation Information through the Services. We will use this information to enhance the security of the Sites and Services and provide You with location-based Services, such as advertising, search results, and other personalized content.
- To comply with our obligations and to enforce the terms of our Sites and Services, including to comply with all applicable laws and regulations
- For the performance of a contract, such as where necessary to carry out payment services.
- For our legitimate interests:
- to enforce the terms of our Sites and Services;
- manage our everyday business needs; and
- provide aggregated and anonymized statistical data to third parties, including other businesses and members of the public, about how, when, and why Users visit our Sites and use our Services;
- With Your consent: to respond to Your requests, for example, to contact You about a question You submitted to our customer service team. You can withdraw Your consent at any time and free of charge.
We may also use information that we collect in aggregate form to further develop and improve the Sites and Services, and for our own business analyses that will allow us to make informed decisions.
V. Do We Share Personal Data?
We may share personal data or other information about You with others for the following reasons:
With other members of the Hyperwallet corporate family: We may share Your Personal Data with members of the Hyperwallet family of entities, including PayPal, to among other things, provide the Services You have requested or authorized; to manage risk; to help detect and prevent potentially illegal and fraudulent acts and other violations of our policies and agreements; and to help us manage the availability and connectivity of products, Services, and communications.
With Payors. We will share Your Personal Data with Payors for processing payments and transactions or as legally required. You should consult with Your Payor to learn how Your Payor uses any Personal Data, as we have no control over Personal Data once it is disclosed to Your Payor.
With other companies that provide services to us. We may share Personal Data with third-party service providers who assist us in managing, administering or delivering the Site or providing the Services.
With the other parties to transactions when You use the Services: We may share information with the other participants to Your transactions, including:
- Personal Data necessary to facilitate the transaction; and
- information to help other participant(s) resolve disputes and detect and prevent fraud, for example we may report device information, including if we conclude that a device has been used in connection with a fraudulent or abusive transaction with us.
With other third parties for our business purposes or as permitted or required by law: We may share information about You with other parties for Hyperwallet’s business purposes or as permitted or required by law, including:
- For the performance of a contract, such as where necessary to carry out payment services;
- if we need to do so to comply with a law, legal process or regulations;
- to law enforcement authorities or government officials, or other third parties pursuant to a subpoena, a court order or other legal process or requirement applicable to Hyperwallet or Hyperwallet’s corporate family:
- if we believe, in our sole discretion, that the disclosure of Personal Data is necessary or appropriate to prevent physical harm or financial loss or in connection with an investigation of suspected or actual illegal activity.
- To protect the vital interests of a person;
- To investigate violations of or enforce a user agreement or other legal Terms applicable to any Service;
- to protect our property, Services and legal rights;
- to facilitate a purchase or sale of all or part of Hyperwallet’s business;
- to help assess and manage risk and prevent fraud against us, our Users and fraud involving our Sites or use of our Services, including fraud that occurs at or involves our business partners or other individuals;
- to companies that we plan to merge with or be acquired by; and
- to support our audit, compliance, and corporate governance functions.
With Your consent: We also will share Your Personal Data and other information with Your consent or direction.
VI. International Transfers
Our operations are supported by a network of computers, cloud-based servers, and other infrastructure and information technology, including, but not limited to, third-party service providers.
The third parties mentioned above may be established in jurisdictions other than your own. These countries do not always afford an equivalent level of privacy protection. We have taken specific steps, in accordance with data protection laws, to protect your Personal Data. In particular, for transfers of your EEA Personal Data within PayPal related companies, we rely on Binding Corporate Rules approved by competent Supervisory Authorities (available here). Other data transfers may be based on contractual protections. Please contact us for more information about this.
Please note that Hyperwallet may be required to disclose Personal Data if it is the subject of a lawful request by public authorities, including to meet national security or law enforcement requirements.
Where appropriate, security measures are set in place to prevent unauthorized access to our Cookies and similar technologies. A unique identifier ensures that only we and/or our authorized service providers have access to Cookie data.
Service providers are companies that help us with various aspects of our business, such as Site operations, Services, applications, advertisements and tools. We may use some authorized service providers to help us to serve You relevant ads on our Services and other places on the internet. These service providers may also place Cookies on Your device via our Services (third-party Cookies). They may also collect information that helps them identify Your device, such as IP-address or other unique device identifiers.
VIII. What Privacy Choices Are Available To You?
Choices Relating to the Personal Data We Collect
You have the right to access the personal data we maintain about You. You are entitled to one copy of information free of charge; however, we may charge a reasonable fee if Your request is manifestly unfounded or excessive, particularly if it is repetitive.
In addition, You have the right to access and correct the data in certain instances, by logging into the Pay Portal or sending a detailed request to firstname.lastname@example.org; however, for security reasons, the best way to make a request is to do so while logged into the Pay Portal (Go to “Support,” select “Email” and complete the form for “Privacy Concerns”). Some of the Personal Data in Your profile may only be updated in Your Payor’s system. In such case, Your Payor may provide the information to us so that we may update Your profile in our systems. We reserve the right to charge a reasonable administrative fee where permitted by law.
Please note that if we do not collect or receive certain Personal Data from You, You may not be able to utilize the Services offered on the Sites or Service, including receipt of funds from the Payor.
Choices Relating to Cookies
You may have options available to manage Your cookies preferences. For example, Your browser or internet device may allow You to delete, disable, or block certain cookies and other tracking technologies. You can learn more by visiting AboutCookies.org. You may choose to enable these options but doing so may prevent You from using many of the core features and functions available on a Service or Site.
Choices Relating to Registration and Account Information
If You use our Services, You generally may review and edit Personal Data by logging in and updating the information directly or by contacting us. Contact email@example.com if You have questions about Your Account information or other Personal Data. Some of the Personal Data in Your profile may only be updated in Your Payor’s system.
Choices Relating to Communication
We may communicate with Payors (and related business contacts) about our Services. If You wish to unsubscribe from receiving e-mail marketing communications, please opt-out via the unsubscribe link included in such emails, and we will stop sending You communications.
We will send communications to You that are required or necessary to send to Users of our Services, notifications that contain important information and other communications that You request from us. You may not opt out of receiving these communications. However, You may be able to adjust the media and format through which You receive these notices.
IX. How Do We Protect Your Personal Data?
We maintain technical, physical, and administrative security measures designed to provide reasonable protection for Your Personal Data against loss, misuse, unauthorized access, disclosure, and alteration. The security measures include firewalls, data encryption, physical access controls to our data centers, and information access authorization controls. You should keep in mind that no Internet transmission is ever completely secure or error-free. In particular, e-mail sent between You and us may not be secure.
X. Can Children Use Our Services?
The Sites and Services are not directed to children under the age of 16. If we obtain actual knowledge that we have collected Personal Data from a child under the age of 16, we will promptly delete it, unless we are legally obligated to retain such data. Contact us if You believe that we have mistakenly or unintentionally collected information from a child under the age of 16.
XI. Specific provisions relating to EEA, UK and Brazilian Personal Data
What are Your Rights?
If You have an Account with any of our Services, You generally can review and edit Personal Data in the Account by logging in and updating the information directly.
Subject to limitations set out in data protection laws, You have certain rights in respect of Your Personal Data. In particular, You have a right of access, rectification, restriction, opposition, erasure and data portability. Please contact us at firstname.lastname@example.org if You wish to exercise these rights
Banking Regulations Notice for Payors in the EEA and UK
Specifically, You consent to and direct PayPal to do any and all of the following with Your information:
a) Disclose necessary information to: the police and other law enforcement agencies; security forces; competent governmental, intergovernmental or supranational bodies; competent agencies, departments, regulatory authorities, selfregulatory authorities or organizations (including, without limitation, the Agencies referenced in the “Agencies” section of the Third Party Provider List here) and other third parties, including PayPal Group companies, that (i) we are legally compelled and permitted to comply with, including but without limitation the Luxembourg laws of 24 July 2015 on the US Foreign Account Tax Compliance Act (“FATCA Law”) and 18 December 2015 on the OECD common reporting standard (“CRS Law”); (ii) we have reason to believe it is appropriate for us to cooperate with in investigations of fraud or other illegal activity or potential illegal activity, or (iii) to conduct investigations of violations of our User Agreement (including without limitation, Your funding source or credit or debit card provider).
If You are covered by the FATCA or CRS Law, we are required to give You notice of the information about You that we may transfer to various authorities. Please read more about PayPal’s obligations under the FATCA and CRS Law and how they could affect You as well as take note of the information we may disclose as result.
We and other organizations, including parties that accept PayPal, may also share, access and use (including from other countries) necessary information (including, without limitation the information recorded by fraud prevention agencies) to help us and them assess and to manage risk (including, without limitation, to prevent fraud, money laundering and terrorist financing). Please contact us if You want to receive further details of the relevant fraud prevention agencies. For more information on these Agencies, fraud prevention agencies and other third parties, click here.
b) Disclose Account Information to intellectual property right owners if under the applicable national law of an EU member state they have a claim against PayPal for an out-of-court information disclosure due to an infringement of their intellectual property rights for which PayPal Services have been used (for example, but without limitation, Sec. 19, para 2, sub-section 3 of the German Trademark Act or Sec. 101, para 2, sub-section 3 of the German Copyright Act).
c) Disclose necessary information in response to the requirements of the credit card associations or a civil or criminal legal process.
d) If You as a merchant use a third party to access or integrate PayPal, we may disclose to any such partner necessary information for the purpose of facilitating and maintaining such an arrangement (including, without limitation, the status of Your PayPal integration, whether You have an active PayPal account and whether You may already be working with a different PayPal integration partner).
e) Disclose necessary information to the payment processors, auditors, customer services providers, credit reference and fraud agencies, financial products providers, commercial partners, marketing and public relations companies, operational services providers, group companies, agencies, marketplaces and other third parties listed here. The purpose of this disclosure is to allow us to provide PayPal Services to You. We also set out in the list of third parties, under each ” Category”, non-exclusive examples of the actual third parties (which may include their assigns and successors) to whom we currently disclose Your Account Information or to whom we may consider disclosing Your Account Information, together with the purpose of doing so, and the actual information we disclose (except as explicitly stated, these third parties are limited by law or by contract from using the information for secondary purposes beyond the purposes for which the information was shared).
f) Disclose necessary information to Your agent or legal representative (such as the holder of a power of attorney that You grant, or a guardian appointed for You).
g) Disclose aggregated statistical data with our business partners or for public relations. For example, we may disclose that a specific percentage of our users live in Manchester. However, this aggregated information is not tied to personal information.
h) Share necessary Account Information with unaffiliated third parties (listed here) for their use for the following purposes:
- Fraud Prevention and Risk Management: to help prevent fraud or assess and manage risk. For example, if You use the PayPal Services to buy or sell goods using eBay Inc, or its affiliates (“eBay”), we may share Account Information with eBay in order to help protect Your accounts from fraudulent activity, alert You if we detect such fraudulent activity on Your accounts, or evaluate credit risk.
- As part of our fraud prevention and risk management efforts, we also may share necessary Account Information with eBay in cases where PayPal has placed a hold or other restriction on Your account based on disputes, claims, chargebacks or other scenarios regarding the sale or purchase of goods. Also, as part of our fraud prevention and risk management efforts, we may share Account Information with eBay to enable them to operate their programmes for evaluating buyers or sellers.
- Customer Service: for customer service purposes, including to help service Your accounts or resolve disputes (e.g., billing or transactional).
- Shipping: in connection with shipping and related services for purchases made using PayPal
- Legal Compliance: to help them comply with anti-money laundering and counter-terrorist financing verification requirements.
- Service Providers: to enable service providers under contract with us to support our business operations, such as fraud prevention, bill collection, marketing, customer service and technology services. Our contracts dictate that these service providers only use Your information in connection with the services they perform for us and not for their own benefit.
XII. What Else Should You Know?
Links to Third-Party Websites
If the revised version includes a substantial change, we will provide You with advance notice by posting notice of the change on our website.
XIII. Contact Information
XIV. Supervisory Authority
If You are not satisfied by the way in which we address Your concerns, You have the right to lodge a complaint with the Supervisory Authority for data protection in Your country.
Personal Data means any information that can be associated with an identified or identifiable person. “Personal Data” can include name, home address, telephone number, personal e-mail address, forwarding address (e.g. during a vacation), previous address(es), billing and account information (such as credit or debit card number, or bank account number), mailing preferences, delivery instructions, transaction history, IP address, and service preferences, as well as other information defined as non-public or private information pursuant to applicable law. Personal Data does not include information that does not identify a specific user.
Process describes any method or way that we handle Personal Data or sets of Personal Data, whether or not by automated means, such as collection, recording, organization, structuring, storage, adaptation or alteration, retrieval, and consultation, disclosure by transmission, dissemination or otherwise making available, alignment or combination, restriction, erasure or destruction of Personal Data.
Services means the online payment platform (“Pay Portal”), payment services and related functionality and technology.
Sites s means the Hyperwallet websites, mobile apps, official social media platforms, or other online properties through which Hyperwallet offers the Services.
User means You or anyone else who has established a relationship with Hyperwallet or otherwise uses the Services or accesses the Sites
California Consumer Privacy Act Notice
Personal Data Collection and Purposes of Use
We collect, use and share personal data regarding California residents as described in this notice.
We did not sell any consumers' personal data in the preceding 12 months.
California Residents' Privacy Rights
California residents have rights to request access to certain personal data collected about them over the past 12 months, or deletion of their personal data, subject to certain exceptions, and may not be discriminated against because they exercise their rights under the California Consumer Privacy Act. We may require you to provide additional personal data to verify your identity before we process your request; we may not process your request if we are unable to verify your identity.
You may contact us by clicking here, calling 1-877-546-8220, or e-mailing email@example.com. For security reasons, the best way to make a request is to do so while logged into the Pay Portal.
|In the preceding 12 months, we have collected the following categories of personal data from California residents:||We have collected such personal data from the following categories of sources:||We collected such personal data to use for the following purposes:||In the preceding 12 months, we shared personal data with the following categories of third parties:|
|a. Identifiers such as a real name, alias, postal address, unique personal identifier, online identifier, Internet Protocol address, email address, account name, social security number, driver’s license number, passport number, or other similar identifiers||
|b. Personal data listed in California Customer Records statute, which may include: name, signature, social security number, address, telephone number, passport number, driver’s license or state identification card number, insurance policy number, education, employment, employment history, bank account number, credit card number, debit card number, or any other financial information, medical information, or health insurance information.||
|c. Personal data that is protected under California or federal law.||
|d. Commercial information, including records of personal property, products or services purchased, obtained, or considered, or other purchasing or consuming histories or tendencies.||
|e. Internet or other electronic network activity information, including, but not limited to, browsing history, search history, and information regarding a consumer’s interaction with an Internet Web site, application, or advertisement||
|f. Geolocation data||
|g. Audio, electronic, visual, thermal, olfactory, or similar information.||
|j. Inferences drawn from any of the information identified in this subdivision to create a profile about a consumer reflecting the consumer’s preferences, characteristics, psychological trends, predispositions, behaviour, attitudes, intelligence, abilities, and aptitudes||
StubHub backs every qualified order so you can buy and sell with 100% confidence.
If you have an issue with your order, please contact StubHub Customer Service. Please provide your order number.
The FanProtect Guarantee excludes any primary ticket sales. Refund or replacement requests related to primary ticket sales are governed by the original seller’s terms and conditions.
Summary of FanProtect for Buyers:
You will get your tickets in time for the event
Your tickets will be valid for entry
Your tickets will be the same as or comparable to those you ordered
If any of these things do not occur and you comply with applicable policies and timelines, we will find you comparable or better tickets to the event, or offer you a refund of what you paid for your purchase on StubHub or credit of the same amount for use on a future purchase
If the event is cancelled and not rescheduled, you will get a refund or credit for use on a future purchase, as determined in StubHub’s sole discretion (unless a refund is required by law)
Getting Tickets on Time
If you don't receive the tickets you ordered by the date communicated to you when you placed your order or in subsequent communications, notify StubHub. StubHub will, in its sole discretion, attempt to locate and facilitate delivery of your tickets. If StubHub does not receive confirmation that the tickets you ordered will arrive in time for the event, StubHub will, in its sole discretion, provide you with comparable or better replacement tickets at no additional cost, issue you a full refund of your purchase on StubHub (including any fees and shipping/handling charges), or issue you a credit for use on a future purchase.
Getting Valid Tickets
If the tickets you ordered are invalid and not honoured by the venue, StubHub may, in its sole discretion, attempt to locate replacement tickets for you or provide you with a full refund (including any fees and shipping/handling charges). StubHub may require information from you or the venue to confirm that the tickets were invalid for entry. You are encouraged to call our Customer Service from the venue if you experience problems with your tickets. You must notify StubHub and complete any required forms no later than seven days (or such other time as communicated by StubHub to you) after the event.
Getting Comparable or Better Tickets to Those you Ordered
If you receive tickets that are not comparable or better than the ones you ordered, notify StubHub immediately. Upon verification by StubHub and depending on when you notify us, StubHub may do any of the following in its sole discretion: provide you with comparable or better replacement tickets; issue you a full refund (including any fees and shipping/handling charges); issue you a partial or full credit for use on a future purchase. StubHub may require that you return the tickets you received.
If the Event is Cancelled or Postponed
If an event is cancelled and not rescheduled, we will provide you with a full refund of the full amount you paid on StubHub (including any fees and shipping/handling charges) or credit for use on a future purchase, as determined in StubHub’s sole discretion (unless a refund is required by law). We will notify you that the event was cancelled and provide instructions on how to obtain the refund.
If an event is postponed and rescheduled, you may use the tickets on the rescheduled date or, time permitting, list them for sale on StubHub. If replacement tickets are required for entry to the event on the rescheduled date, StubHub will work to obtain replacement tickets for you or provide you a full refund of the price you paid on StubHub (including any fees and shipping/handling charges). If you cannot attend the event on the rescheduled date, you are encouraged to list the tickets on StubHub. Except when replacement tickets are required, StubHub does not provide refunds for postponed or rescheduled events, partial performances, or venue, date, lineup, or time changes.
"Comparable or better" tickets are determined by StubHub in its sole discretion based on cost, quality, availability and other factors.
Tickets may include event tickets, parking passes or other items offered for sale on StubHub (unless the listing explicitly exempts the order from the FanProtect Guarantee).
If your ticket is subject to any resale restrictions, the FanProtect Guarantee only applies if your ticket is not honoured by the venue when you are trying to access the event your ticket is for and you provide StubHub with proof that the tickets were invalid for entry on the day of the event.
To receive the benefits of the FanProtect Guarantee, you must comply with the StubHub User Agreement and all policies, guidance and emails we send you regarding your order, including any timelines or procedures to notify StubHub of issues.
The FanProtect Guarantee does not apply in cases of buyer's remorse or any reason other than the reasons stated in this Guarantee.
Summary of FanProtect for Sellers:
In most cases, buyers or prospective buyers are not permitted to contact you
You can adjust your ticket prices any time before they sell
You will receive payment for all tickets you sell and deliver in accordance with the StubHub User Agreement and all policies
Buyer or Prospective Buyers Won’t Contact You Directly Regarding a Sale
Buyers and prospective buyers are not permitted to contact you unless you consent or it is necessary for the specific transaction. If you are contacted and an exception does not apply, you are encouraged to refer the customer to StubHub Customer Service for assistance and let us know.
Setting and Adjusting the Ticket Prices Before Your Tickets Sell
You set ticket prices. You can adjust the ticket price as often as you desire before your tickets sell. If you cannot adjust pricing for a ticket listing before the tickets have sold, you should contact Customer Service for assistance.
If you sell your tickets and send them in accordance with the StubHub User Agreement, policies, and emails we send you but there is a problem with the delivery that was not caused by your actions or inaction, you will still get paid for the sale.
If You Have Not Received Payment for a Ticket Sale
You will be paid for a ticket sale in accordance with the time frames detailed in our Seller Policies but if you have not received payment for a ticket sale within such time, you should first make sure that the Seller Payment Information provided to StubHub is correct by logging in and going to My Account. If you opted to receive payment by PayPal, the same email address provided in your Seller Payment Contact must also be registered at PayPal. After making any necessary corrections, please allow 2-3 weeks for StubHub to issue payment. If the Seller Payment Information is already correct, you should contact Customer Service for assistance. StubHub will investigate the matter promptly and determine the status of the payment. If your payment has not already been properly processed by StubHub, we will make every effort to do so as quickly as possible. You can always contact Customer Service at any time throughout this process if you have any questions.
Abuse of the FanProtect Guarantee
StubHub will investigate all claims under the Guarantee and determine resolutions on a case-by-case basis. Such decisions are final. StubHub reserves the right to limit the amount a Buyer or Seller may be awarded and the number of claims a Buyer or Seller may file in a calendar year. StubHub may temporarily or permanently suspend any Buyer or Seller who attempts to abuse the FanProtect Guarantee and may report any such abuse to the appropriate legal authorities.
Terms and Conditions
If we change this Guarantee, we will post a revised version of the Guarantee on the Site, which shall automatically replace the terms of this Guarantee. Your use of the Site and the Services following the effective date of the revised Guarantee will constitute your acceptance of the revised Guarantee. If you do not agree with the terms of this Guarantee or any revised version of this Guarantee, do not continue to use the Site or Services.