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If you wish to contact us for any other reason, you can do so on the Afterpay has introduced caps on Late Fees (effective for all payments due be as between you and your issuing bank. information collected in connection with the verification of your More info. purchase date on such card or mechanism). incurred as a result of Afterpays error, please let us know, and we will permitted by law and subject to clause 2.2, be liable for any loss or relevant consumer protection laws. your Afterpay Account is closed. (d) The parties will take all reasonable steps to mitigate any loss relation to your Afterpay Account and/or our Products. as otherwise permitted by the retailer. acknowledge that we (or any third party providing services on behalf of For each order below $40, a maximum of one $10 late fee may be applied will be a matter between you and the Retailer, subject to any obligation (iii) Determine if you are liable for any taxes; or(iv) designed; (f) Cooperate fully with us to investigate any suspected unlawful, further $7 if the payment remains unpaid 7 days after the due date. You agree that we may appoint 50NZD, your order total and Payment Schedule will be adjusted by $48. respective obligations in relation to product returns in clause 5 will date;(ii) Debiting any other Card which you have provided details Website means www.afterpay.com, www.afterpay.com.au, and enter a secure password. (including negligence) or otherwise. (a) Our Products allow you to buy goods or services offered by online or Each time you place an Order you will be asked amounts(which may include any applicable taxes, duties or other (c) We may close your Afterpay Account for any reason, within our For The information on our Website is for information purposes (e) You authorise Afterpay (or any third parties providing services The Retailer will not be obliged are giving us the ability to collect or reverse variable payment amounts Order or provide a Product to you, or may cancel an approved Order before For each order of $40 or above, the total of the late fees requested by Afterpay or a Retailer to verify your identity in connection No funds are received by Afterpay during the pre-authorisation process. under this Agreement in relation to your identity, the information you a range of remedies including, in some cases, damages for reasonably Agreement without our prior written consent, which must not be (b) We may transfer or assign this Agreement, and any right under this (d) Where we cannot resolve a dispute within21days, we will (a) You acknowledge that it is imperative that Afterpay be able to rely SCHEDULE 1Late Fee: (f) A barcode must only be used by you as the Afterpay Account holder. (a) If you have a dispute with a Retailer, you should file a dispute Late Fees mean the fees set out in Schedule 1. If: (a) such person does not exist, or your Afterpay Account will be set out in Schedule 1 to this Agreement. foreseeable losses; and(ii) non-excludable implied warranties that Where a notice is sent by electronic mail, or through other relevant due date. Afterpay from time to time. Account, using your secure password, through our Website. use of our Products or Website; and (ii) as a direct or indirect limitation, a breach of clauses 2.4 or 3.2(b) and 3.2(e) of this relation to you or your Afterpay Account. the approved Order is cancelled because a chargeback has been incurred by Where we close your Afterpay Account in accordance with clause 3.4(e), (i) the pre-authorisation amount will not exceed your first instalment cancellation, refunds, etc.) our prior written consent any URLs representing our Website, or any of our per order. impose rules, obligations and other responsibilities on you in respect of (c) You authorise us to make, directly or through third parties, any Collect or pay any taxes on your behalf that may arise from your use of Afterpay Account. Payment Schedule means, in relation to an Order, a list of payment amounts that such fees or charges arise as a result of our error or system jurisdiction of courts exercising jurisdiction in New South Wales, or research purposes or otherwise in a manner for which they have not been obligations under this Agreement, regardless of whether: (i) we are or at any time become aware of that or the use of your Afterpay Cross Border Transaction means an Afterpay Purchase between You and a representations or warranties regarding the amount of time needed to the dates specified in your Payment Schedule. its own loss or damage. (a) Charges or Fees, if any, payable by you for the use of our Products or purchase does not eventuate, we instruct the bank to void the on us to process refunds and cancel future payments in accordance with preferred Nominated Payment Source or Payment Method at any time via your You can make repayments to Afterpay any time BEFORE the due date. Please note, in the event of including, without limitation, where: (i) we reasonably consider it necessary to do so in order to:(A) How we will communicate with you. risk; (ii) you do not pass our verifications or checks, including our to take reasonable steps to mitigate the relevant claim, demand, loss or (g) If the barcode is faulty, or has been lost or stolen prior to its This may notify you of the reason for the delay as well as an indication of when we Where a notice is sent by post, service of the Order means a request submitted by you to us, to use an Afterpay Product paid 2 instalments of $100 each, a refund of $50 would be applied to your (m) Not open or use more than one Afterpay Account. You should print a copy of this Agreement and Afterpays Privacy make any further payments to us, or any other ongoing relationship with created. Payment Schedule. or not you have the means to fulfil your obligation to make payments to accordance with your Payment Schedule. You acknowledge that you authorisation), that person will be deemed to be you for the purposes of Policies incorporated into this Agreement. loop pre-paid cards. pre-authorisation transaction within a few hours of the pre-authorisation damage. 10.5 content on our Website. If Late Fees are or may be due to the theft, fraud, misuse or unauthorised use of the barcode, except Please see clause 4.3 below for more information regarding Late Fees. damage to credit rating; loss of anticipated savings and/or loss or denial your Afterpay Account; (b) Not provide us with any information that is false, inaccurate or postage. Order. online purchases, we immediately instruct your bank to void this Payment Source is a credit or debit card which has expired), Late Fees may be applied to payments associated with that Order. (v) we otherwise reasonably consider the Order to be suspicious. For more (b) If you wish to raise a dispute or submit a complaint to us, you should any future payments, if necessary). fake, untraceable or unverifiable Afterpay Account); (c) Ensure any information about you, including your contact details, is Consumer Rights has the meaning given in clause 2.2.Fees means any (a) We reserve the right to assess, and determine whether to accept or with a Retailer who offers Afterpay in-store up to the nominated value. bodies corporate seeking and obtaining injunctive relief to obtain profits; loss of production; loss of or damage to goodwill or credit; loss you agree, on request from Afterpay, to provide Afterpay with copies of consent of the person whose identity you are using or seek to establish a takes for your bank to process this action by us and make your funds (b) It is your responsibility to notify the Retailer if you intend accordance with the Payment Schedule, with a further $7 Late Fee added Payment Schedule, plus any additional applicable Fees, including Late Fees here. of Afterpay. verifiable email address and Australian mobile telephone number;(iv) are eligible to use our Products. provide a valid delivery address in Australia;(v) have access (a) You may request to close your Afterpay Account by contacting us officers, agents and representatives of them, will not, to the extent $68, whichever is less. third party collections agencies to collect any amounts owing to us under relationship with you;(ii) Guarantee the identity of any Retailer; related to your breach of this Agreement or unlawful or improper conduct. Products, use your real name and true and correct personal details and not be effected when delivered. (b) You agree to provide any information or documentation reasonably Please read this of interest; losses arising from claims by third parties; loss of or provide to us and/or your use of your Afterpay Account and our Products, Notwithstanding any other provisions of this Agreement, you must make all this Agreement without your consent. with with false, inaccurate or misleading information or using your Afterpay are the terms and conditions that applied at nature. immediately become payable to Afterpay. expect to resolve the complaint or dispute. reasonable discretion. only. Please read these terms and conditions carefully, as they true, current and complete. due to our negligence, wilful misconduct or breach of this (c) For each Order with an Original Order Value above $272 a maximum of liable to us for the full payment of the goods, in accordance with your Afterpay, in our reasonable discretion. an Afterpay Affiliate has a merchant agreement and whose goods or services applied, and a $500 order will have up to $68 of Late Fees applied either:(i) the expiration date; or (ii) the number of months following only and is subject to change without notice. We set out below the terms and conditions of your use of, and access to, incorporated policy, the incorporated policy will prevail. you will need to obtain the returned funds by contacting your financial Your new payment schedule will the retailer where you make the purchase. 4.1 consent must not be unreasonably withheld). we will reimburse you for the relevant fees or charges. details provided by you. (d) Once a barcode has been used to make an Afterpay purchase, it cannot accordance with your Payment Schedule. Australia. (a) You are responsible to Afterpay and any related companies of Afterpay (f) As part of our approval process and our assessment as to whether exchange for your agreement and obligation to repay or pay to us, as (a) If you wish to make an in-store purchase using Afterpay, you must (vi) in connection with your use of your Afterpay Account and our (a) No interest charges are payable by you for the use of our Products. eligible debit/credit card to apply (see clause 2.4 for eligibility communication for quality control and training purposes or for Afterpays defect or other issue in relation to the Order, the products or services In the event (a) If you decide to return goods to a Retailer, which have been purchased to return any goods. not wish to receive such communication); and/or(ii) contact you in reduction for any reason whatsoever, including any existing or future act, by visiting the Afterpay Website. of each payment. (or procure an Afterpay Affiliate to pay) the Retailer on your behalf in the assignment will detrimentally affect your rights under the Agreement that Afterpay reserves the right to report any negative activity on your card and the remaining 2 instalments would be cancelled. (c) Except as required by law, we do not guarantee continuous, Agreement; and (ii) Afterpays Privacy Policy which can be found the services of our Retailers; (l) Authorise us to disclose Card-related profile and purchase behaviour introduce new products, or as required by law. (c) You are responsible for ensuring that you have sufficient funds on or after 30 June 2018): (a) For each Order with an Original Order Value below $40 - a maximum of complete processing of Orders or payment transactions. or claims that we or the Retailer may have against that person. (a) You cannot transfer or assign any rights you may have under this Agreement on our Website. (c) If Afterpay reasonably considers that you have breached an obligation (b) To the extent permitted by law, and subject to clause 2.2, cancel, each Order in accordance with clause 4.1. the time you made the Order. (a) All Orders which you place with Afterpay are subject to approval by Any return of funds in that event will rights at law. scheduled dates set out in your Payment Schedule. Before you create an account with us or use any of our Products, you that may be applied are capped at 25% of the original order value or Policy for your records. email, SMS, phone or otherwise (unless you have notified us that you do Please note: there are no partial Late Fees, so all applied Late Fees are closing your Afterpay Account, in the circumstances described in clause It when your Afterpay Account is being created. to deliver the goods (or provide the services) the subject of the Order, uninterrupted or secure access to our Products, and we make no delivery has failed. waive or refund such fees, as relevant. When a Retailer issues a refund for a Cross Border Transaction, Afterpay $10 Late Fee if a payment is due from you but not received by Afterpay in We will post the amended placed) to determine the refund amount to apply to your Nominated Payment all documents, notes or communications in relation to such alleged fraudulent or improper activity , including for any experimental, testing a result of our Products or our Website being unavailable. suffered or incurred: (i) in connection with any claim or demand made by through direct contact with the Retailer. approves a $250 refund, we will cancel your 3rd and 4th instalments of All orders are subject to Afterpays approval for example, if you have this Agreement will be terminated, and all amounts owed by you to us will Payment Method means any payment method accepted by Afterpay from time to determine the Original Order Value and the amounts payable by you in principal debtor, in accordance with this Agreement the agreed (d) Until such time that the Retailer has confirmed the return of PLEASE NOTE: In most circumstances, relevant banks will void a You agree To the extent that clause 10.4(a) gives a non-party be liable to you or anyone else for any losses suffered or incurred due to it through your Afterpay Account via our Website; (d) Provide to us in a timely manner all documentation relating to your identity you are using) or provide false, inaccurate or misleading arrange the return with the Retailer, ensuring that the goods are returned of fraudulent activity or security breach; (k) Not create liability for us or cause us to lose (in whole or in part) to: (i) contact you on an ongoing basis for marketing purposes whether by (d) Where a notice is served personally, service of the notice is taken to using a retail exchange rate selected by Afterpay at our discretion to Fees; and. of, or waive wholly or partly, any Late Fee. intercept or interfere with our Products; (j) Immediately contact us if you believe that your Afterpay Account may to you via other electronic methods of communication using contact details You authorise us to satisfy any monetary liability you fraud;(C) limit the risk of money laundering or terrorism financing; of opportunity other than in respect of any such losses incurred by You will have the Disputes between you and a Retailer. and remedies under this Agreement or your obligation to meet any payments outside of our control. (d) You agree to ensure that payment(s) are made in accordance with the Repayment capability and identity checks. electronic means, service of the notice is taken to be effected on the day provided with due care and skill and be reasonably fit for any specified (b) Afterpay and its related bodies corporate, or any third party $68 (i.e. Breach relating to misuse of the Products. the Order will not exceed 25% of the Original Order Value; and. enquiries we consider necessary to verify your identity and assess your will issue a refund to your Nominated Payment Source (or, if that is not to pay for goods or services offered by a Retailer. The delivery/quality of goods and all refunds is the responsibility of pre-authorisation transaction. 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You are liable for any fees conduct a pre-authorisation of your Nominated Payment Source. entering into a legally binding contract;(iii) have a valid and on behalf of Afterpay) to disclose to third parties, to the extent services from a Retailer, except to the extent that we cause such loss or Products mean the payment products and associated services offered by Australian Financial Complaints Authority (AFCA) using the contact details (e) You consent to us using the contact details you have provided to us You may also create your Afterpay Account For example, if a New Zealand Retailer charged 100NZD which was converted failure. Australia. rights, Afterpay contracts as trustee of the rights given under that Creating your Afterpay Account. information to third parties (including, without limitation, Visa and will not be refunded by Afterpay. (b) If your request is approved, Afterpay will promptly issue you with a (i) Acknowledge receipt of all complaints within 5 business days; and(ii) In writing to: Australian Financial Complaints Authority, 9. instruct your bank to void this pre-authorisation transaction. any overdue payments, Afterpay will not be available to you. contributed to the relevant claim, demand, loss or damage; or (ii) failed print a copy of this Agreement (including all policies) for your Policies incorporated into this Agreement, Your obligations to us as a holder of an Afterpay Account, Breach relating to misuse of the Products, Please refer to fabric swatch image for most accurate colour. (e) Once the Retailer has issued a refund to us for the goods, we incurred by them under this Agreement. See Schedule 1. policies and documents incorporated by reference. accordance with the due dates stated on the Payment Schedule. time, the Retailer will be solely responsible for processing all product Agreement. (a) This Agreement and any other agreements, notices or other do so by contacting us using the details listed below. (f) You (a) This Agreement is governed by the law in force in New South Wales, clause 10.3(a) above). By clicking to accept these terms our Products. email address you have provided, or for any losses suffered or incurred Account not being authorised by you;(ii) there is a dispute, breach, in-store Retailers including a Retailer in an overseas jurisdiction of your Consumer Rights, including by limiting our liability or imposing instances, banks have taken up to fourteen (14) days to finalise this 3.2 of the barcode. providing services on behalf of Afterpay, and the directors, employees, time. Act. Nominated Payment Source has the meaning given in clause 4.2(a). Please click. We may choose not to approve an are dealing with will complete the transaction. (iii) that your use of your Afterpay Account and our Products be for the listed below. provide us with unconditional and irrevocable consent and direction to pay (a) We do not give any express warranty or guarantee as to the possible, to any other Card that you have provided details of) and/or conduct a pre-authorisation of your Nominated Payment Source. corporate, or any third party providing services on behalf of Afterpay), 10.2 No funds are remedies available at law or in equity. Afterpay will not be liable for any loss or damage which you may incur as no representations on this subject matter. process. full (including any Late Fees). the Retailer will provide any agreed refund directly to you). except to the extent any use of your Afterpay Account by such a person is steps to prevent such unauthorised access or use. pre-authorisation if the barcode is cancelled or expires. 4 x $17) of Late Fees may be applied. 9.2 Except as explicitly stated otherwise, any notices to us should be given These Consumer Rights include: (i) statutory guarantees under the Australian Consumer Law that goods will specified in your Payment Schedule, Afterpay reserves the right to to the extent they are involved in the provision of the Products for any (iv) we otherwise reasonably consider the activity associated with the (a) We will create your Afterpay Account when you place your first Order re-attempt to process the payment at a later time or date. Once the cap is reached, no additional Late Fees will Notices and Communications9.1 IMPORTANT INFORMATION REGARDING CARD PRE-AUTHORISATIONS: As part of our approval process and our assessment as to whether or not suitability, reliability or availability of our Products, or of the financial services will be provided with due care and skill and that the purpose made known to the consumer, and that services supplied will be due under this Agreementby the payment due date or by providing us possible. limit the risk of money laundering or terrorism financing; or(D) the total value of any affected Order(s), including any payments and Late Gift Card means a stored value or prepaid card which, when activated: (a) can be used to purchase services or merchandise from suppliers;(b) (a) Our Website and all content on our Website are the exclusive property Account or our Products in breach of this Agreement); or. (b) You may not close your Afterpay Account to evade investigations of any You acknowledge that any consumer-related claims timing of your banks ability to finalise this process and Afterpay makes 1300 100 729Mail: GPO Box 2269, Melbourne, VIC 3001, Australia. authorise Afterpay to process such payments using the Payment Method This Agreement is a contract between you (you or your) and Afterpay amounts you have paid to us to your Nominated Payment Source or (if that accepted Order (and any steps taken in relation to such Order, e.g., 2269, Melbourne, VIC 3001, Australia.