These Terms govern
- the use of this Application and
- any other Agreement or legal relationship with the Controller
in a binding manner. Capitalised expressions are defined in the relevant section of this document.
The User is requested to read this document carefully.
Any further contracts or agreements concluded by Owner and Sellers shall prevail over the provisions of the Terms.
Therefore, the Terms shall only apply residually and in accordance with the provisions of such contracts or agreements.
Notwithstanding the fact that the contractual relationship relating to the purchase of such Products is solely between Owner and Users, Users acknowledge and agree that if this Application is delivered through the Apple App Store, Apple may exercise rights under these Terms as a third party beneficiary.
The party responsible for this Application is:
SPX Lab S.r.l. - Piazzetta Andorlini 1-5a - 16124 Genova (Italy) - P.IVA IT01999170994
Holder's email address: info@spxlab.com
"This Application" refers to
- applications for mobile devices, tablets or similar;
- the Service;
TO KNOW AT A GLANCE
- The use of the Service/this Application is reserved for Consumers only.
- The use of this Application and the Service is reserved for Users of legal age under applicable law.
- Access to this Application and use of the Service by minors is permitted only under the supervision of their parents or guardians.
HOW THIS APPLICATION WORKS
Intermediation
This Application allows Users to contact and interact with third parties. The Owner is therefore not directly involved in any such interactions, nor does it facilitate, participate in or financially benefit from any contract or transaction resulting from such interactions.
The Owner does not control, evaluate, monitor or inspect any of the Products offered by Sellers through this Application. The Owner is therefore exempt from any liability in relation to such Products, for example as to quality, safety and correctness or as to the Seller's suitability to supply them. Likewise, the Owner does not control, evaluate, monitor or inspect the Buyers using this Application. Therefore, the Owner is not liable for the activity of such Buyers on this Application, as well as, for example, their ability to act, to complete a transaction and to bear the costs thereof.
The Service of this Application is free of charge for Buyers. Products offered by the Owner or Sellers on this Application are highlighted as such.
Without prejudice to its function - described above - as a mere technological intermediary, the Owner may offer further services to each party involved in such interactions, such as the provision of packaging, delivery services or dispute resolution.
This Application acts as a technical infrastructure that enables Users to interact with each other. The Owner is therefore not directly involved in any such interactions between Users.
These Terms govern the use of this Application as a platform. Unless otherwise specified, the Terms also apply to transactions between Buyers and Sellers, without involving the Owner in such transactions.
CONDITIONS OF USEUnless otherwise specified, the conditions of use of this Application set out in this section apply generally.
Additional conditions of use or access applicable in particular situations are expressly stated herein.
By using this Application the User declares that he/she meets the following requirements:
- The User acts as a Consumer;
- User is of legal age under applicable law;
- Use of this Application by minors is permitted only under the supervision of their parents or guardians;
- The User is not located in a country that is subject to a government embargo by the United States of America or in a country listed as a state sponsoring terrorism by the United States Government;
- The User is not on any United States Government list of prohibited contractors;
REGISTRATION
To use the Service, the User can open an account by providing all the required data and information in a complete and truthful manner. It is not possible to use the Service without opening a User account.
It is the responsibility of Users to keep their access credentials secure and to preserve their confidentiality. To this end, Users must choose a password that corresponds to the highest level of security available on this Application.
By creating an account the User agrees to be fully responsible for any activity carried out with his/her access credentials. Users are obliged to inform the Owner immediately and unambiguously via the contact details indicated in this document if they believe that their personal information, such as their User account, access credentials or personal data, has been hacked, unlawfully disclosed or stolen.
Registration requirementsRegistration for a User account on this Application is subject to the conditions specified below. By registering an account, the User confirms that he/she meets these conditions.
- Unless otherwise specified, each User may create only one account.
- Unless expressly permitted, a User account may not be shared with any other person.
Account closureYou are free to close your account and cease using the Service at any time by following this procedure:
- Contacting the Owner at the contact details in this document.
Account suspension and deletionThe Owner reserves the right to suspend or delete a User's account at any time at its sole discretion and without prior notice if it deems it inappropriate, offensive or contrary to these Terms. Suspension or deletion of an account does not give the User any right to compensation, refund or indemnity.
Suspension or deletion of an account for reasons attributable to the User shall not exempt the User from payment of any applicable fees or prices.
Content on this ApplicationUnless otherwise stated or clearly recognisable, all content available on this Application is owned or provided by the Owner or its licensors.
The Owner takes the utmost care to ensure that the content available on this Application does not violate applicable law or the rights of third parties. However, it is not always possible to achieve this result. In such cases, without prejudice to the rights and claims that may be legally exercised, Users are requested to address their complaints to the contact details specified in this document.
Rights to the contents of this ApplicationThe Owner holds and expressly reserves all intellectual property rights over the aforementioned contents. Users are not authorised to use the contents in any way that is not necessary or implicit for the correct use of the Service.
In particular, but without any exclusions, Users are prohibited from copying, downloading, sharing beyond the limits specified below, modifying, translating, processing, publishing, transmitting, selling, sub-licensing, transforming, transferring/alienating to third parties or creating derivative works from the content available on this Application, from allowing third parties to engage in such activities through their User account or device, even without their knowledge.
Where expressly indicated on this Application, the User is authorised to download, copy and/or share certain content available on this Application exclusively for personal and non-commercial purposes and provided that the attribution of authorship of the work is observed as well as the indication of any other relevant circumstances required by the Owner. The limitations and exclusions provided for by copyright law remain unaffected.
Content provided by UsersThe Owner allows Users to upload, share or offer their own content on this Application. By providing content to this Application, the User declares that he is legally authorised to do so and confirms that said content does not violate any laws and/or third party rights.
The additional requirements that content must meet to be considered "acceptable" are specified in the section on permitted use.
Rights to content provided by UsersThe User acknowledges and accepts that by providing content of his/her own to this Application he/she grants the Owner, free of charge, the non-exclusive right to process the content for the purposes of operation and maintenance of this Application, as contractually provided.
Within the limits of the law, the User waives the exercise of moral rights in relation to the content provided to this Application.
Users acknowledge and accept that the content they provide via this Application will be made available under the same conditions applicable to the content of this Application. The User is exclusively responsible for the content uploaded, published, shared or otherwise provided to this Application.
The User acknowledges and accepts that the Owner filters or modifies such content in advance.
Therefore, the Owner reserves the right to refuse, censor, remove, block or rectify such content at its own discretion and to deny access to this Application without prior notice to the User who uploaded it if it considers that the content violates applicable legal provisions or the rights of third parties or otherwise poses a risk to Users, third parties, the Owner itself or the availability of the Service.
The removal, deletion, blocking or rectification of content does not justify any claim for compensation, reimbursement or indemnity on the part of Users who have provided such content.
Users agree to indemnify and hold the Owner harmless from and against any claims made and/or damages suffered as a result of content provided by them to or offered through this Application.
Access to external resourcesThrough this Application Users may have access to resources provided by third parties. The Users acknowledge and accept that the Owner has no control over these resources and is therefore not responsible for their content and availability.
The conditions applicable to the resources provided by third parties, including those applicable to possible concessions of rights on contents, are determined by the third parties themselves and regulated in the relative terms and conditions or, in their absence, by law.
Permitted UseThis Application and the Service may be used only for the purposes for which they are offered, in accordance with these Terms and applicable law.
It is your sole responsibility to ensure that your use of this Application and/or the Service does not violate the law, regulations or the rights of third parties.
Therefore, the Owner reserves the right to adopt all appropriate measures to protect its legitimate interests, and in particular to deny the User access to this Application or the Service, terminate contracts, report any censurable activity carried out through this Application or the Service to the competent authorities - e.g. the judicial or administrative authorities - whenever the User commits or is suspected of committing:
- violations of law, regulations and/or the Terms
- infringement of the rights of third parties
- acts which may considerably prejudice the legitimate interests of the Controller;
- offences against the Controller or a third party.
TERMS AND CONDITIONS OF SALEPaid ProductsSome of the Products offered on this Application as part of the Service are chargeable.
The fees, duration and conditions applicable to the sale of such Products are described below and in the respective sections of this Application.
In order to purchase Products, the User is required to register or log in to this Application.
Product DescriptionPrices, descriptions and availability of the Products are specified in the respective sections of this Application and are subject to change without notice.
Although the Products on this Application are presented as accurately as technically possible, the representation on this Application by any means (including, as the case may be, graphics, images, colours, sounds) is intended as a mere reference and does not imply any warranty as to the characteristics of the Product purchased.
The characteristics of the Product selected will be specified during the purchase procedure.
The offer of Products is non-binding. In order to make a purchase, Users must make a binding purchase offer. Only once this offer is accepted can the contract be considered concluded.
Purchase procedureEach step, from the choice of the product to the placing of the order, is part of the purchasing procedure.
The purchasing procedure comprises the following steps:
- Users are requested to choose the desired Product, to have it appear in the purchase selection, indicating, where possible, specific quantities and characteristics.
- Users will be asked to specify their billing address, contact details and a means of payment of their choice.
- In the event that the purchase involves the delivery of a Product, it may be necessary for Users to provide a shipping address.
- After providing all the requested information, Users are asked to check their order carefully and can then proceed to checkout.
To place an order, Users are required to accept these Terms and use the respective button or mechanism on this Application, thereby committing to pay the agreed price.
Sending the orderPlacing an order entails the following:
- Each order submitted constitutes an offer to purchase. Sending the order constitutes the User's obligation to pay the price, taxes and any additional charges and fees, as specified on the order page.
- If the Product purchased requires an active contribution from the User, such as the provision of information or personal data, specifications or special requests, the placing of the order also constitutes the User's obligation to cooperate accordingly.
- Once the order has been placed, a receipt will be sent to the Users. Unless otherwise specified in the relevant notices, the aforementioned receipt only certifies receipt of the order and does not constitute acceptance thereof.
Order Confirmation
- Unless the receipt of the order expressly constitutes acceptance of the order - in which case the contract shall be deemed to have been concluded - the purchase contract is concluded at the time the User receives the notice of acceptance of the order.
- Subject to availability and at the discretion of the Seller and/or the Holder, the order shall be accepted without undue delay.
- In the event that the order is not accepted, the Seller and/or the Holder shall provide a refund
The non-acceptance of an order shall not constitute any right for the User to make any claims - not even compensation - against the Seller and/or the Holder.
All notifications relating to the purchase procedure described above shall be sent to the e-mail address provided by the User for this purpose.
Prices
During the purchase process and before placing an order, Users are duly informed of all commissions, taxes and costs (including any shipping costs) that will be charged to them.
The prices on this Application:
- include all applicable commissions, taxes and costs.
Promotions and discountsSellers may offer special discounts or promotions for the purchase of Products. Such promotions or discounts are always subject to the requirements and terms and conditions set out in the relevant section of this Application.
Promotions and offers are always granted at the sole discretion of the Seller. Repeated or periodic promotions or discounts do not constitute any claim or right enforceable by Users in the future.
As the case may be, discounts and promotions will only be valid for a certain period of time or while stocks last.
Means of paymentDetails of the accepted means of payment are highlighted during the purchase process.
Some means of payment are subject to further conditions or involve additional costs. Details can be found in the relevant section of this Application.
All payments are handled independently by third party services. Therefore, this Application does not collect payment data - such as credit card numbers - but receives a notification once the payment is successful.
In the event that the payment made by one of the available means fails or is rejected by the payment service provider, the Holder is not obliged to execute the order. Any costs or fees resulting from the failed or rejected payment shall be borne by the User.
Payment by instalments
The purchase price may be paid in two or more instalments, on the terms specified on this Application or otherwise communicated by the Holder.
Certain Products may be excluded from this payment method. In the event that the User defaults on only one of the instalments, the entire amount due shall be immediately due and payable.
Authorisation for future payments via PayPal
In the event that the User authorises the PayPal function allowing future purchases, this Application will store an identification code linked to the User's PayPal account. This will allow this Application to automatically process payments for future purchases or for the payment of periodic instalments for a previous purchase.
This authorisation can be revoked at any time by contacting the Owner or by modifying the personal PayPal settings.
Purchase on app storeThis Application or certain Products for sale on this Application must be purchased through a third party app store. To make such purchases, Users should follow the instructions in the relevant app store (e.g. "Apple App Store" or "Google Play"). This information may vary depending on the specific device used.
Unless otherwise specified, purchases made through third party online shops are also subject to the terms and conditions of those third parties. Such terms and conditions shall prevail in any case of inconsistency or conflict with these Terms.
Therefore, Users making purchases through such third party online shops are requested to carefully read and accept their terms and conditions.
Reservation of titleUntil receipt of payment of the full purchase price by the Holder, the User does not acquire ownership of the Products ordered.
Delivery
Deliveries are made to the address indicated by the User and in the manner indicated in the order summary.
At the time of delivery, Users must check the contents of the package and promptly report any anomalies to the contact details given herein or as described in the delivery note. Users may refuse to accept the package if it is visibly damaged.
Delivery may be to the countries or territories specified in the relevant section of this Application.
Delivery times are indicated on this Application or during the purchase process.
"Click and collect"Users may choose to pick up their purchases at one of the "collection points" indicated in the relevant section of this Application and according to the communicated timetable.
Agreed delivery
Subject to agreement with the Seller, Users may arrange for their purchased goods to be collected by a courier of their choice in good time and bearing the risks and costs involved. Non-delivery The Owner or the Seller shall not be liable in any way for any delivery errors resulting from inaccuracies or omissions committed by the User in the completion of the purchase order, nor for any damages or delays occurring after delivery to the courier if the latter has been appointed by the User. In the event that the goods are not delivered or collected at the time or within the period specified, they will be returned to the relevant Owner or Seller, who will contact the User to schedule a second delivery attempt or agree further arrangements
Unless otherwise specified, each delivery attempt after the second will be at the User's expense.
DURATION OF THE CONTRACTTrial period
Users have the opportunity to try this Application or individual Products free of charge for a fixed, non-renewable trial period. Some functions or features of this Application may not be available during the trial period.
Further conditions applicable to the trial period, including its duration, will be made explicit on this Application.
The trial period ends automatically and does not turn into any paid Product unless the User intentionally purchases it.
Subscriptions
With a subscription, the User receives a Product on a continuous or periodic basis. Details regarding the type of subscription and termination are described below.
Subscriptions managed through Apple ID
Users may terminate a subscription to a Product using the Apple ID associated with their Apple App Store account through the subscription process on this Application. In doing so, Users acknowledge and agree that:
- any payment due will be charged to the Apple ID account;
- subscriptions will automatically renew for the same term unless terminated by the User at least 24 hours prior to the end of the current subscription period
- all renewal fees due will be charged no later than 24 hours prior to the expiration of the current term;
- subscriptions may be managed or terminated directly through the settings of the User's Apple App Store account.
The foregoing shall prevail over any conflicting or conflicting provisions of the Terms.
Termination
Subscriptions may be terminated by sending a clear and unequivocal notice of termination to the Holder, using the contact details given in this document or - if applicable - by following the instructions on this Application.
USER RIGHTS Right of withdrawal
Unless an exception applies, the User may enjoy the right to withdraw from the contract within the period specified below (normally 14 days) for any reason and without justification. The User can find further information on the right of withdrawal in this section.
There is no right of withdrawal from contracts concluded with the Holder. It may, however, be applicable to contracts concluded with Sellers. Where applicable, the right of withdrawal from contracts concluded with Sellers through this Application is subject to the conditions and definitions indicated by each Seller on this Application.
Legal warranty of conformity of the Product
According to European legislation, the Seller guarantees the conformity of the goods sold for a minimum period of 2 years from delivery. Therefore, the seller is obliged to guarantee that the goods purchased have the quality, functionality or characteristics promised or reasonably foreseeable for at least two years from the moment of delivery to the buyer.
Where Users are acting as European Consumers, the legal warranty of conformity of goods applies to items available on this Application in accordance with the laws of the country in which they ordinarily reside.
The national laws of such country may grant such Users broader rights.
LIMITATION OF LIABILITY AND INDEMNITY
European Users
Indemnification
The User agrees to indemnify and hold harmless the Owner and its subordinates, affiliates, officers, agents, co-brand owners, partners and employees from any claim or demand - including, without limitation, attorneys' fees and expenses - made by any third party due to or in connection with negligent conduct such as use of or connection to the Service, violation of these Terms, violation of third party rights or laws by the User, its affiliates, officers, agents, co-brand owners, partners and employees, to the extent permitted by law.
Limitation of liability for the User's activities on this Application
Users acknowledge and accept that the Owner is limited to providing Users with the technical infrastructure and functionalities available on this Application.
The Owner does not intervene in any way as an intermediary, moderator or promoter in the interactions, agreements or transactions between Users and therefore declines all responsibility for such interactions between Users, and for the fulfilment of any obligations by Users.
In particular, Users acknowledge and agree that the Owner is not involved in sales and purchases by Users acting as Sellers or Buyers respectively on this Application.
Therefore, Sellers and Buyers are exclusively responsible respectively for the offer and purchase through this Application and the obligations arising therefrom.
In particular, the Controller disclaims all liability in respect of:
- any pre-contractual statement, promise or description of the Products offered through/by means of this Application;
- the existence of any licences, authorisations, approvals or other official permissions that may be required by applicable law, enabling Sellers to offer specific goods or services
- the eligibility of Buyers to purchase (e.g. in terms of age, solvency, etc.), as required by applicable law;
- any obligations assumed by Users on this Application, including, but not limited to, warranties of conformity and product safety;
- any claim based on the non-performance, partial or incorrect performance of binding agreements entered into on this Application.
Limitation of liability for the User's activities on this Application
Unless otherwise specified and subject to the applicable statutory provisions on product liability, all claims for damages against the Owner (or any natural or legal person acting on its behalf) are excluded.
The foregoing does not limit the Owner's liability for death, personal injury or damage to physical or mental integrity, damages resulting from the breach of essential contractual obligations, such as obligations strictly necessary to achieve the cause of the contract, and/or to damages caused by wilful misconduct or gross negligence, provided that the User's use of this Application has been appropriate and correct.
Unless the damage was caused with malice or gross negligence or affects life and/or personal, physical or mental integrity, the Owner is only liable to the extent of the damage typical for the type of contract and foreseeable at the time of conclusion.
In particular, to the extent stated above, the Holder assumes no liability in respect of:
- any loss of earnings or other losses, even indirect, that the User may have suffered (such as, purely by way of example, commercial losses, loss of revenue, profits or estimated savings, loss of contractual or commercial relationships, loss of goodwill or damage to reputation, etc.)
- any damage or loss resulting from interruptions or malfunctioning of this Application due to force majeure or unforeseen and unforeseeable events and, in any case, beyond the Holder's control, such as, by way of example only, failures or interruptions of telephone or electricity lines, Internet connection and/or other means of transmission, inaccessibility of websites, strikes, natural disasters, computer viruses and attacks, interruptions in the supply of products, services or applications of third parties
- any losses that are not a direct consequence of a breach of the Terms by the Controller;
COMMON PROVISIONSNo implied waiverThe Holder's failure to exercise any statutory rights or claims arising under these Terms shall not constitute a waiver thereof. No waiver shall be deemed final with respect to a specific right or any other right.
Interruption of the ServiceIn order to ensure the best possible level of service, the Owner reserves the right to interrupt the Service for maintenance purposes, system upgrades or for any other changes, giving appropriate notice to Users.
Within the limits of the law, the Owner reserves the right to suspend or terminate the Service completely. In the event of termination of the Service, the Owner will ensure that Users can retrieve their Personal Data and information in accordance with the law.
Furthermore, the Service may be unavailable due to causes beyond the Owner's reasonable control, such as force majeure (e.g. strikes, infrastructural malfunctions, blackouts, etc.).
Resale of the Service
Users are not authorised to reproduce, duplicate, copy, sell, resell or exploit this Application or the Service in whole or in part without the prior written consent of the Owner, expressed either directly or through a legitimate resale programme.
Privacy policy
Information on the processing of Personal Data is contained in the privacy policy of this Application.
Intellectual Property
Without prejudice to any more specific provisions contained in the Terms, the intellectual and industrial property rights, such as copyrights, trademarks, patents and models relating to this Application are held exclusively by the Owner or its licensors and are protected under the applicable intellectual property laws and international treaties.
All trademarks - whether word or figurative - and any other distinctive sign, company, service mark, illustration, image or logo appearing in connection with this Application are and remain the exclusive property of the Owner or its licensors and are protected under applicable intellectual property laws and international treaties.
Changes to the Terms
The Owner reserves the right to amend the Terms at any time. In this case, the Owner will give appropriate notice of the changes to the Users.
The changes will only affect the relationship with the User in the future.
Continued use of the Service implies the User's acceptance of the updated Terms. If you do not wish to accept the changes, you must cease using the Service. Failure to accept the updated Terms may result in either party's right to terminate the Agreement.
The previous applicable version shall continue to govern the relationship until accepted by the User. Such version may be requested from the Owner.
If required by applicable law, the Owner will specify the date by which changes to the Terms will become effective.
Assignment of contract
The Holder reserves the right to transfer, assign, dispose of, novate or contract out individual or all rights and obligations under these Terms, having regard to the legitimate interests of the Users.
The provisions regarding the amendment of these Terms shall apply.
Users are not authorised to assign or transfer their rights and obligations under the Terms without the written consent of the Owner.
Contact
All communications relating to the use of this Application should be sent to the contact details indicated in this document.
Severability clause
Should any of the provisions of these Terms be or become invalid or ineffective under applicable law, the invalidity or ineffectiveness of such provision shall not cause the remaining provisions to become invalid or ineffective, and the remaining provisions shall therefore remain valid and effective.
US Users
Any invalid or unenforceable provision will be interpreted and adjusted to the extent necessary to make it valid, effective and in accordance with its original purpose.
These Terms constitute the entire agreement between User and Owner with respect to the subject matter hereof and supersede all other communications, including any prior agreements, between the parties with respect to the subject matter hereof.
These Terms shall be enforced to the fullest extent permitted by law.
European Users
If any provision of these Terms should be or become void, invalid or unenforceable, the parties shall endeavour to agree amicably upon a valid and effective provision to replace the void, invalid or unenforceable provision.
In the event of failure to agree within the above time limits, if permitted or provided for by applicable law, the void, invalid or ineffective provision will be replaced by the applicable statutory provision.
Notwithstanding the foregoing, the nullity, invalidity or ineffectiveness of a specific provision of these Terms shall not render the entire Agreement null and void, unless the null, invalid or ineffective provision under the Agreement is essential or of such importance that the parties would not have entered into the agreement had they known that the provision would be invalid, or in cases where the remaining provisions would impose an unreasonable and unacceptable burden on one of the parties.
Applicable Law
The Terms are governed by the law of the place where the Holder is established, as set out in the relevant section of this document regardless of conflict of law rules.
Exception for European Consumers
However, notwithstanding the foregoing, if You act as a European Consumer and have your habitual residence in a country whose law provides for a higher level of consumer protection, such higher level of protection shall prevail.
Jurisdiction
The exclusive jurisdiction to hear any dispute arising out of or in connection with the Terms shall lie with the courts of the place where the Owner is established, as indicated in the relevant section of this document.
Exception for European Consumers
The foregoing does not apply to Users acting as European Consumers or Consumers located in Switzerland, Norway or Iceland.
DISPUTE RESOLUTION
Amicable settlement of disputes
Users may report any disputes to the Owner, who will attempt to resolve them amicably.
Without prejudice to Users' right to take legal action, in the event of disputes relating to the use of this Application or the Service, Users are requested to contact the Controller at the contact details indicated in this document.
The User may address a complaint to the email address of the Owner indicated in this document, including a brief description and, if applicable, the details of the order, purchase or account concerned.
The Controller will process the request without undue delay and within 2 days of receipt.
Consumer Dispute Resolution Platform
The European Commission has introduced an online platform for alternative dispute resolution that facilitates out-of-court settlement of disputes relating to and arising from online sales and service contracts.
Therefore, any European consumer or consumer based in Norway, Iceland or Liechtenstein can use this platform to resolve disputes arising from contracts concluded online. The platform is available here.
DEFINITIONS AND LEGAL REFERENCES
This Application
The facility that enables the provision of the Service.
Agreement
Any legally binding or contractual relationship between the Owner and the User governed by the Terms.
Buyer
Means any User who purchases goods or services from a Seller through this Application regardless of whether the transaction actually takes place on this Application.
European
Defines a User physically present or headquartered in the European Union, regardless of nationality.
Owner (or Us)
Means the natural or legal person who provides this Application and/or offers the Service to Users.
Product
A good or service that can be purchased through this Application, such as a tangible good, digital files, software, booking services etc.
The sale of a Product may be part of the Service, as defined above.
SellerMeans any User who sells goods or services to Buyers through this Application regardless of whether the transaction actually takes place on this Application.
ServiceThe service offered through this Application as described in the Terms and on this Application.
TermsAll the terms applicable to the use of this Application and/or the provision of the Service as described in this document and in any other related document or agreement, in its most current version respectively.
UteserMeans any natural person using this Application.
ConsumerAny natural person who, in his capacity as a User, uses goods or services for personal purposes and, in general, acts for purposes unrelated to his entrepreneurial, commercial, craft or professional activity.
RULES ON THE PERMITTED USE OF PAYPAL
You are independently responsible for complying with all applicable laws in all of your actions related to your use of PayPal's services, regardless of the purpose of the use. In addition, you must adhere to the terms of this Acceptable Use Policy. Violation of this Acceptable Use Policy constitutes a violation of the PayPal User Agreement.
Prohibited Activities
You may not use the PayPal service for activities that:
-
violate any law, statute, ordinance or regulation.
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relate to transactions involving (a) narcotics, steroids, certain controlled substances or other products that present a risk to consumer safety, (b) drug paraphernalia, (c) cigarettes, (d) items that encourage, promote, facilitate or instruct others to engage in illegal activity, (e) stolen goods including digital and virtual goods, (f) the promotion of hate, violence, racial or other forms of intolerance that is discriminatory or the financial exploitation of a crime, (g) items that are considered obscene, (h) items that infringe or violate any copyright, trademark, right of publicity or privacy or any other proprietary right under the laws of any jurisdiction, (i) certain sexually oriented materials or services, (j) ammunition, firearms, or certain firearm parts or accessories, or (k) certain weapons or knives regulated under applicable law.
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relate to transactions that (a) show the personal information of third parties in violation of applicable law, (b) support pyramid or ponzi schemes, matrix programs, other "get rich quick" schemes or certain multi-level marketing programs, (c) are associated with purchases of annuities or lottery contracts, lay-away systems, off-shore banking or transactions to finance or refinance debts funded by a credit card, (d) are for the sale of certain items before the seller has control or possession of the item, (e) are by payment processors to collect payments on behalf of merchants, (f) are associated with the sale of traveler's checks or money orders, (g) involve currency exchanges or check cashing businesses, (h) involve certain credit repair, debt settlement services, credit transactions or insurance activities, or (i) involve offering or receiving payments for the purpose of bribery or corruption.
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involve the sales of products or services identified by government agencies to have a high likelihood of being fraudulent.
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relate to transactions involving any activity that requires pre-approval without having obtained said approval.
Activities Requiring Approval
PayPal requires pre-approval to accept payments for certain services as detailed in the chart below.
PayPal requires pre-approval to accept payments for certain items and services as detailed below. |
Section | Category | Item or Service Requiring Pre-Approval (not intended to be an exhaustive list) | Contact Information |
1 | Transportation | Airlines and scheduled or non-scheduled charters/jets/air taxi operators. | For general questions, please refer to our Help Center. If you have questions about obtaining a pre-approval or opening a new PayPal Business account that offers services requiring pre-approval, please contact our Sales team. |
2 | Charities / Non-Profit | Collecting donations as a charity or non-profit organization. |
3 | High Value Items | Operating as a dealer in jewels, precious metals and stones. |
4 | Payment Facilitator | Providing payment services which would fall under the definition of a money service business or an electronic money institution. Services would also include the sale of stored value cards and escrow services. |
5 | Investments | Buying, selling, or brokering stocks, bonds, securities, options, figures, commodities, contracts for difference/forex, mutual funds or an investment interest in any entity or property. |
6 | Gambling, Gaming, Prize Draws and Contests | Activities involving gambling, gaming and/or any other activity with an entry fee and a prize, including, but not limited to property/real estate prizes, casino games, sports betting, horse or greyhound racing, fantasy sports, lottery tickets, other ventures that facilitate gambling, games of skill (whether or not legally defined as gambling) and sweepstakes, if the operator and customers are located exclusively in jurisdictions where such activities are permitted by law. |
7 | Cryptocurrency | Any digital representation of value that can be digitally traded, transferred, or used for payment, including, but not limited to, crypto currencies, virtual in-game currencies, or non-fungible tokens. |
8 | Prescription Items | The sale of any product(s) requiring a prescription or prescription dispensing services. |
9 | Telemedicine Services | Providing medical services and consultations in a remote fashion. |
10 | Mature Audience Content | Any adult content delivered digitally including video on demand (VOD) and web-cam activities. PayPal may be restricted from processing payments in certain jurisdictions for adult DVD’s, magazines and other adult themed products or services. |
11 | Online Dating | Any dating services that enable individuals to find and introduce themselves to new people with the goal of developing a personal or romantic relationship. |
12 | Live Streaming/Broadcasting | Any activities in which people transmit video, voice or text content in a live environment with the potential of user interaction. |
13 | File-Sharing | Providing file sharing services including cyberlockers and similar remote digital file sharing services where uploaded content is accessible to the public or the service pays uploaders for content. |
14 | Alcohol | Selling alcoholic beverages. |
15 | Tobacco | Non-cigarette tobacco products, e-cigarettes, cigars |
16 | Medical Items or Services | All items classified as medical devices, and all services or treatment provided by a person or organization holding itself out as a provider of health-care services, including, but not limited to, all health-care services for which government licensure is required in the provider’s jurisdiction or in the jurisdiction where services are being provided. This category includes “Medical Tourism” involving medical services to be provided to a patient outside of that patient’s home country. |
17 | Multilevel Marketing and Direct Selling Organizations | Direct Sales Organizations (“DSOs”) and the Multi-Level Marketing (“MLMs”) are distribution and marketing models in which products or services are sold via a network of independent distributors or representatives. DSO and MLM models rely on personal sales and frequently require the independent distributors to recruit new distributors in order to advance within the organization or gain incentive compensation. |
18 | Marketplaces | A marketplace is an e-commerce solution where third-party sellers can sell their products or services to customers. |
More Information
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Violations of the Acceptable Use Policy
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