To ensure your compliance with these Terms of Use, you grant us a legal claim against funds in your account PayPal as security for any amount you owe us. This is legally referred to as a “lien” and a “security” on your PayPal account. The service is a safe and convenient way to send money to family members and others you trust, pay prepaid cellular plans, or pay bills for family members and others you trust. However, scams and scammers are numerous and you should be wary of offers or offers that seem too good to be true. We urge you not to send money or pay for prepaid cell phone plan top-ups or make bill payments for people you don`t know personally. Make sure you protect your password, don`t send or ask others, and use Xoom only for legal purposes. Click here to learn more about sending money safely. Please let us know immediately if you believe someone is trying to deceive you or deceive you, or if your username or password has been lost or stolen. Click here to contact customer service. RIGHT TO REFUND: You, the Customer, are entitled to a refund of the money to be transferred as a result of this Agreement if PayPal does not transmit the funds received from you within 10 days of the date of receipt or does not give instructions that transfer a corresponding sum of money to the person designated by you within 10 days of the date of receipt of the funds from you, unless you indicate otherwise.
However, state law is not completely excluded from the FAA`s analysis. It is not disputed that “contractual defences of general application such as fraud, coercion or lack of scruples may be used to invalidate arbitration agreements without violating § 2”. Doctor`s Assocs., Inc.c. Casarotto, 517 U.S. 681, 686, 116 P.Ct. 1652, 134 L.Ed.2d 902 (1996). Here, the User Agreement “shall be governed by and construed in accordance with the laws of the State of California … [as] applies to agreements intended to be entered into by California residents in California and performed entirely in California. Terms of Use, Section II(18). Since it is common ground that the contract at issue in the present case concerns trade between States, the role of that court is therefore limited to determining whether there is (1) an arbitration agreement valid under California law and, if so, (2) whether the agreement covers the dispute in question. See Chiron Corp.c. Ortho Diagnostic Sys., Inc., 207 F.3d 1126, 1130 (9th Cir.
2000). If both requirements are met, the FAA requires the court to enforce the arbitration clause in question in accordance with the terms of the User Agreement. If you ask us to make a payment from your account to another user funded by a payment from your bank account and we store the resulting electronic money in this way, we will call this type of payment from your bank account an “eScheck” payment. You can find out how we use eSchecks below under Deposits you send from your account. This User Agreement, together with all applicable policies on the “Legal Agreements” page of the PayPal website, sets forth the entire agreement between you and PayPal with respect to the Services PayPal. All of these terms, which by their nature should survive, will survive the termination of this User Agreement. If any provision of these Terms of Use is found to be invalid or unenforceable, that provision will be deleted and the remaining provisions will be enforced. A person who is not a party to this User Agreement has no right under the Contracts Act 1999 (Rights of Third Parties) to rely on or enforce any provision of this User Agreement (except for third parties who fall within the definition of “PayPal” in the Indemnification and Limitation of Liability section above, with respect to their rights as set forth in this User Agreement), but this does not affect the right or remedy of third parties that exist or are available outside of such act. You can cancel a billing agreement by contacting the authorized reseller directly, by disconnecting the reseller on your Connected Resellers page in the Venmo app, or by calling Venmo at (855) 812-4430. You can cancel a pre-authorized payment up to 3 business days before the date of the next scheduled payment.
If you cancel a billing contract, you may still owe money to the merchant for the purchase or have additional obligations to the merchant for goods or services that you received but did not pay. If we fail to complete a claimed transaction for a debit instrument in a timely manner or at the correct amount in accordance with our agreement with you, we will be liable for your loss or damage. However, there are a few exceptions. We will not be liable, for example: to terminate this User Agreement, restrict your Venmo Account and/or PayPal and/or close or suspend your Venmo Account and/or PayPal, including termination of your Venmo Debit Card (if any), immediately and without penalty to us; PayPal submits that, since the Toher User Agreement provides that “this Agreement may be amended at any time without notice”, it has accepted the arbitration clause, which PayPal inserted in a later version of the User Agreement. In light of the decision on the application, the Court does not have to decide whether such a provision could one day lead to a binding arbitration agreement. However, as we will see below, the unilateral and seemingly unlimited right of PayPal to revise the Terms of Use raises the question of whether the User Agreement is unscrupulous in its content. If the payment method you choose is not available (for example. B expired credit card), a particular agreement with a seller does not provide for the possibility of specifying a payment method, or if you have not specified a payment method for future transactions with a seller, the payment method used will be used in the following order: 1. Balance; 2.
Bank account (Sofortüberweisung); 3. PayPal co-branded debit card; 4. PayPal co-branded credit card; 5. Debit card; 6. Credit card; and 7th eScheck. We will provide you with details of the amounts you receive and our fees either by email or in your transaction history (which you can access by logging into your PayPal account). .