Afterpay Policy

afterpay policy terms and conditions

HIGHLIGHTS:

  • Afterpay allows you to pay for your purchase over 4 instalments due every 2 weeks. In some cases, Afterpay may require you to make a payment at the time of purchase.
  • You must be over 18 years old and be the authorised holder of an eligible debit/credit card to apply (see clause 2.4 for eligibility criteria).
  • All orders are subject to Afterpay’s approval – for example, if you have any overdue payments, Afterpay will not be available to you. For more information on assessment and checks, see clause 6.2
  • As part of our approval process, we may conduct a pre-authorisation on your nominated card, up to an amount of your first instalment - see clause 6.2(f)
  • You can make repayments to Afterpay any time BEFORE the due date. Otherwise, Afterpay will automatically try process payments on the scheduled dates from your card. If a payment is not processed on or before the due date, late fees will apply – initial $10 late fee, and a further $7 if the payment remains unpaid 7 days after the due date.
  • For each order below $40, a maximum of one $10 late fee may be applied per order. For each order of $40 or above, the total of the late fees that may be applied are capped at 25% of the original order value or $68, whichever is less. See Schedule 1.
  • If you won’t be able to pay us on time, please contact us as soon as possible. Please click here for more information regarding Hardship.
  • The delivery/quality of goods and all refunds is the responsibility of the retailer where you make the purchase or the Third Party Supplier who supplies the Third Party Goods available through our Website.

IMPORTANT INFORMATION REGARDING CARD PRE-AUTHORISATIONS:

As part of our approval process and our assessment as to whether or not you have the capability to fulfil your obligation to make future payments to Afterpay according to the Payment Schedule, we reserve the right to conduct a pre-authorisation of your Nominated Payment Source. This may involve placing funds in the account linked to your Nominated Payment Source on hold each time you make an online purchase, obtain a barcode for an in-store purchase or add a new Card to your Afterpay Account. For online purchases, we immediately instruct your bank to void this pre-authorisation transaction. For in-store, where a barcode is obtained but a purchase does not eventuate, we instruct the bank to void the pre-authorisation if the barcode is cancelled or expires. No funds are received by Afterpay during this process. We cannot guarantee the time it takes for your bank to process this action by us and make your funds available.

PLEASE NOTE: In most circumstances, relevant banks will void a pre-authorisation transaction within a few hours of the pre-authorisation transaction being conducted by Afterpay. However, in some observed instances, banks have taken up to fourteen (14) days to finalise this process. Unfortunately, we do not have any control or influence over the timing of your bank’s ability to finalise this process and Afterpay makes no representations on this subject matter.

Please read this Agreement carefully. By clicking to accept these terms and using Afterpay’s Products, you agree to be bound by (i) this Agreement; and (ii) Afterpay’s Privacy Policy which can be found here. The headings contained in this document are for reference purposes only. You should print a copy of this Agreement and Afterpay’s Privacy Policy for your records.


1. Welcome to our Website

We set out below the terms and conditions of your use of, and access to, our Products. Please read these terms and conditions carefully, as they impose rules, obligations and other responsibilities on you in respect of your use of the Products.

1.1 Parties to this Agreement

This Agreement is a contract between you (‘you’ or ‘your’) and Afterpay Pty Ltd ACN 169 342 947 (‘Afterpay’, ‘we’, ‘us’, ‘our’). It sets out the terms and conditions that apply to your use of our Products. You agree that your acceptance of these terms and conditions, and ongoing use of our Products, shall constitute your acceptance of this Agreement.

If you do not want to be bound by this Agreement, you must not make a purchase using Afterpay Products.

1.2 Policies incorporated into this Agreement

Before you create an account with us or use any of our Products, you should read this Agreement, as well as Afterpay’s Privacy Policy and any other policy found on the Website, which are incorporated into this Agreement by reference.

We recommend that you store or print a copy of this Agreement (including all policies) for your records.To the extent of any inconsistency between this Agreement and any incorporated policy, the incorporated policy will prevail.

1.3 Changes to this Agreement

(a) Afterpay may amend this Agreement at any time for any reason including, for example, if we change the functionality of our Products, introduce new products, or as required by law. We will post the amended Agreement on our Website. Each time you place an Order you will be asked to agree to the then current terms of this Agreement. Please read this Agreement carefully each time you agree to its terms when placing an Order. If you do not agree with the changes, you may close your Afterpay Account in accordance with clause 3.4.

(b) We will not change any terms and conditions for an existing Order that has been accepted by us; the terms and conditions that will apply to an accepted Order (and any steps taken in relation to such Order, e.g., cancellation, refunds, etc.) are the terms and conditions that applied at the time you made the Order.

2. Our relationship

2.1 About us

(a) Our Products allow you to buy (i) goods or services offered by online or in-store Retailers including a Retailer in an overseas jurisdiction permitted by Afterpay, and (ii) Third Party Goods from Third Party Suppliers available through our Websites.

(b) By placing an Order with a Retailer and using our Products, you provide us with unconditional and irrevocable consent and direction to pay (or procure an Afterpay Affiliate to pay) the Retailer on your behalf in exchange for your agreement and obligation to repay or pay to us, as principal debtor, in accordance with this Agreement the agreed amounts (which may include any applicable taxes, duties or other related amounts charged by the Retailer) and on the dates outlined in your Payment Schedule, plus any additional applicable Fees, including Late Fees if you miss a repayment to us on or before the scheduled date, as set out in clause 4.

(c) By placing an Order through our Websites for Third Party Goods, you agree to repay or pay to us in accordance with this Agreement the agreed amounts (which my include any applicable taxes or duties or other related amounts charged by the Third Party Supplier) and on the dates outlined in your Payment Schedule, plus any additional applicable Fees, including Late Fees if you miss a repayment to us on or before the scheduled date as set out in clause 4.

(d) You acknowledge that we do not have any control over, and are not responsible or liable for, the products or services purchased from Retailers paid for with our Products. We cannot ensure that a Retailer you are dealing with will complete the transaction.

(e) You acknowledge that we act as agent for the Third Party Suppliers when we process Orders for Third Party Goods through our Websites. Delivery, fulfilment and customer support for the Third Party Goods will be provided by the Third Party Supplier. You agree to be bound by the terms and conditions of the Third Party Supplier identified to you at the time of purchase. Please review all applicable Third Party Supplier terms and conditions prior to placing your Order for any Third Party Goods.

(f) Afterpay does not:

(i) Enter into a partnership, joint venture, agency or employment relationship with you;
(ii) Guarantee the identity of any Retailer;
(iii) Determine if you are liable for any taxes; or
(iv) Collect or pay any taxes on your behalf that may arise from your use of our Products.

2.2 Your Consumer Rights

As a consumer, you have certain rights under consumer protection legislation (Consumer Rights). These Consumer Rights include:

(i) statutory guarantees under the Australian Consumer Law that goods will be of acceptable quality, match their description and be fit for any purpose made known to the consumer, and that services supplied will be provided with due care and skill and be reasonably fit for any specified purpose. When a statutory guarantee is breached, consumers are entitled to a range of remedies including, in some cases, damages for reasonably foreseeable losses; and
(ii) non-excludable implied warranties that financial services will be provided with due care and skill and that the services and any materials supplied in connection with them will be fit for any specified purpose.

Nothing in this Agreement is intended to exclude, restrict or modify any of your Consumer Rights, including by limiting our liability or imposing liability on you in a manner which would be considered unfair under the relevant consumer protection laws.

2.3 No warranty

(a) We do not give any express warranty or guarantee as to the suitability, reliability or availability of our Products, or Third Party Goods, or of the content on our Website.

(b) Subject to your Consumer Rights set out in clause 2.2, we do not give any implied warranties or guarantees.

(c) Except as required by law, we do not guarantee continuous, uninterrupted or secure access to our Products, and we make no representations or warranties regarding the amount of time needed to complete processing of Orders or payment transactions.

2.4 Your eligibility

(a) To be eligible to use our Products you must:

(i) be an individual who is at least 18 years old;
(ii) be capable of entering into a legally binding contract;
(iii) have a valid and verifiable email address and Australian mobile telephone number;
(iv) provide a valid delivery address in Australia;
(v) have access to a Payment Method, for example by being the holder of a Card; and

(vi) in connection with your use of your Afterpay Account and our Products, use your real name and true and correct personal details and not use an alias or false identity (even with the consent of the person whose identity you are using) or provide false, inaccurate or misleading personal details or seek to establish a fake, untraceable or unverifiable Afterpay Account.

(b) By entering into this agreement, you represent and warrant that you are eligible to use our Products.

2.5 Transfers or assignments

(a) You cannot transfer or assign any rights you may have under this Agreement without our prior written consent, which must not be unreasonably withheld.

(b) We may transfer or assign this Agreement, and any right under this Agreement, to a third party without notice to you or your consent unless the assignment will detrimentally affect your rights under the Agreement (in which case we will seek your consent prior to assignment, which consent must not be unreasonably withheld). You agree that we may appoint third party collections agencies to collect any amounts owing to us under this Agreement without your consent. For the avoidance of doubt, you acknowledge that no assignment by us to another person of any amount you owe to us will require your consent or notice to you.

3. Your Afterpay Account

3.1 Creating your Afterpay Account

(a) We will create your Afterpay Account when you place your first Order with any of our Retailers or for Third Party Goods available through our Websites. You may also create your Afterpay Account by visiting the Afterpay Website.

(b) Once your Afterpay Account is created, you will be prompted to choose and enter a secure password. You may subsequently access your Afterpay Account, using your secure password, through our Website.

(c) You are responsible for maintaining the security of your Afterpay Account details. We will not take responsibility for unauthorised access and use of your Afterpay Account unless we have failed to take reasonable steps to prevent such unauthorised access or use.

(d) You acknowledge and agree that if a person places an Order by using your Afterpay Account (whether with or without your authorisation), that person will be deemed to be you for the purposes of this Agreement and that will not (subject to clause 3.1(c)) affect your obligations under this Agreement, regardless of whether:

(i) we are or at any time become aware of that or the use of your Afterpay Account not being authorised by you;
(ii) there is a dispute, breach, defect or other issue in relation to the Order, the products or services subject to the Order or the associated sales contract or any other agreement between that person, a Retailer or a Third Party Supplier; or
(iii) any rights or claims that we, a Retailer or a Third Party Supplier may have against that person.

except to the extent any use of your Afterpay Account by such a person is due to our negligence, wilful misconduct or breach of this Agreement.

3.2 Your obligations to us as a holder of an Afterpay Account

By holding an Afterpay Account with us, you agree that you must:

(a) Pay any applicable Fees associated with your use of our Products and your Afterpay Account;

(b) Not provide us with any information that is false, inaccurate or misleading (including, without limitation, in relation to your identity or personal details or by using an alias or false identity, even with the consent of the person whose identity you are using or seek to establish a fake, untraceable or unverifiable Afterpay Account);

(c) Ensure any information about you, including your contact details, is true, current and complete. If your information changes, you must update it through your Afterpay Account via our Website;

(d) Provide to us in a timely manner all documentation relating to your identity, if requested by us;

(e) Not use your Afterpay Account, our Products or Third Party Goods for any unlawful, fraudulent or improper activity , including for any experimental, testing or research purposes or otherwise in a manner for which they have not been designed;

(f) Cooperate fully with us to investigate any suspected unlawful, fraudulent or improper activity on your Afterpay Account;

(g) Be aware of and pay any taxes that may apply to your use of our Products;

(h) Not permit others to use your Afterpay Account, or allow anyone else to have or use your account password details;

(i) Not use any technology (device, software or hardware) to damage, intercept or interfere with our Products or Websites;

(j) Immediately contact us if you believe that your Afterpay Account may be subject to an unauthorised transaction, account takeover or other type of fraudulent activity or security breach;

(k) Not create liability for us or cause us to lose (in whole or in part) the services of our Retailers or Third Party Suppliers;

(l) Authorise us to disclose Card-related profile and purchase behaviour information to third parties (including, without limitation, Visa and MasterCard) for the purpose of eliminating fraud and illicit behaviour; and

(m) Not open or use more than one Afterpay Account.

3.3 In-store payment via barcode

(a) If you wish to make an in-store purchase using Afterpay, you must create an Afterpay Account (new Afterpay customers), or log in to your existing Afterpay Account (existing Afterpay customers), and request authorisation to make an in-store purchase up to a nominated value via the Afterpay App.

(b) If your request is approved, Afterpay will promptly issue you with a barcode via the Afterpay App which you may use to make a single purchase with a Retailer who offers Afterpay in-store up to the nominated value.

(c) The barcode will be scanned by the Retailer to finalise your Afterpay purchase. Your first 25% instalment will be due at the time of purchase. Payments will be deducted from your Nominated Payment Source in accordance with your Payment Schedule.

(d) Once a barcode has been used to make an Afterpay purchase, it cannot be used again, even if the value of the purchase was less than the value of the barcode.

(e) Unused barcodes will expire.

(f) A barcode must only be used by you as the Afterpay Account holder. It is your responsibility to keep the barcode secure at all times from theft, fraud, misuse and/or unauthorised use.

(g) If the barcode is faulty, or has been lost or stolen prior to its expiry, you can contact us on 1300 100 729 and we will endeavour to cancel it unless it has been used already.

(h) To the extent permitted by law, and subject to clause 2.2, we will not be liable to you or anyone else for any losses suffered or incurred due to delay in receipt of, or for any lost or misdirected, barcodes sent to the email address you have provided, or for any losses suffered or incurred due to the theft, fraud, misuse or unauthorised use of the barcode, except to the extent that such losses arise as a result of our negligence, wilful misconduct or breach of this Agreement.

3.4 Closing your Afterpay Account

(a) You may request to close your Afterpay Account by contacting us directly. You may only request to close your Afterpay Account if:

(i) all amounts owing to us by you (including any Late Fees) have been paid in full to us; and
(ii) no disputes or refunds are in progress.

(b) You may not close your Afterpay Account to evade investigations of any nature.

(c) We may close your Afterpay Account for any reason, within our reasonable discretion. This Agreement will continue to apply to any Orders accepted prior to such closure until all amounts owing are received in full (including any Late Fees).

(d) Except as otherwise stated, this Agreement will be terminated once your Afterpay Account is closed. However, you will remain liable for all outstanding obligations related to the Afterpay Account even after it has been closed.

(e) We may immediately limit your access to our Products or suspend or close your Afterpay Account where we have reasonable cause to do so including, without limitation, where:

(i) we reasonably consider it necessary to do so in order to:
(A) protect the integrity of our systems or the Products;
(B) prevent fraud;
(C) limit the risk of money laundering or terrorism financing; or
(D) otherwise protect us against legal, regulatory or non-payment risk;

(ii) you do not pass our verifications or checks, including our pre-authorisation check described in clause 6.2(d);

(iii) we reasonably suspect, or are aware, that you have breached this Agreement in a material respect (including by failing to make any payment due under this Agreement by the payment due date or by providing us with false, inaccurate or misleading information or using your Afterpay Account or our Products in breach of this Agreement); or

(iv) we otherwise reasonably consider the activity associated with the Afterpay Account to be suspicious.

(f) We will use our best efforts to provide written notice to you before closing your Afterpay Account, in the circumstances described in clause 3.4(e) above, except where doing so may compromise any investigation related to your breach of this Agreement or unlawful or improper conduct. Where we close your Afterpay Account in accordance with clause 3.4(e), this Agreement will be terminated, and all amounts owed by you to us will immediately become payable to Afterpay.

(g) Despite clause 5(f), where your Afterpay Account has been closed for any reason, our respective obligations in relation to product returns in clause 5 will only continue until the earlier of:

(i) the date on which all amounts you owe to us have been paid to us; or
(ii) the date which is 120 days after your last Order or such later date we have agreed with a Retailer or Third Party Supplier where required based on the nature of the goods or services purchased by you. After that time, the Retailer or Third Party Supplier will be solely responsible for processing all product returns and associated refunds.

4. Orders, payments and billing

4.1 Order Confirmation and Payment Schedule

(a) All Orders which you place with Afterpay are subject to approval by Afterpay, in our reasonable discretion. We may choose not to approve an Order or provide a Product to you, or may cancel an approved Order before the goods or services are delivered or supplied, if:

(i) we reasonably consider this necessary in order to:
(A) protect the integrity of our systems or the Products;
(B) prevent fraud;
(C) limit the risk of money laundering or terrorism financing; or
(D) otherwise protect us against legal, regulatory or non-payment risk;

(ii) you do not pass our verifications or checks, including those described in clause 6;

(iii) we reasonably suspect, or are aware, that you have breached this Agreement in a material respect (including by failing to make any payment due under this Agreement on the payment due date);

(iv) an Order is made with a merchant in a different jurisdiction that is not permitted by Afterpay; or

(v) we otherwise reasonably consider the Order to be suspicious.

(b) If we cancel an approved Order:(i) we will apply a full refund of any amounts you have paid to us to your Nominated Payment Source or (if that is not possible) to any other Card that you have provided us details of, and will cancel any future payments related to that Order. In the event the approved Order is cancelled because a chargeback has been incurred by Afterpay in relation to a payment for the approved Order, that payment will not be refunded by Afterpay. Any return of funds in that event will be as between you and your issuing bank. The Retailer or Third Party Supplier (as applicable) will not be obliged to deliver the goods (or provide the services) the subject of the Order, unless required to do so by law;
(ii) you will have no obligation to make any further payments to us, or any other ongoing relationship with us, with respect to that Order; and
(iii) if you wish to proceed with the purchase from the Retailer, the Retailer may accept an alternative payment method in its discretion, or if required to do so by law.

(c) Once we approve your Order, you will receive an email from us with confirmation of receipt of your Order and a Payment Schedule.

(d) You agree to ensure that payment(s) are made in accordance with the Payment Schedule. You may make early payments through your Afterpay Account, otherwise Afterpay will automatically process payments in accordance with the due dates stated on the Payment Schedule. You authorise Afterpay to process such payments using the Payment Method details provided by you. If an Automatic Payment fails on any of the dates specified in your Payment Schedule, Afterpay reserves the right to re-attempt to process the payment at a later time or date.


4.2 Automatic Payments

(a) An ‘Automatic Payment’ is a payment, through the Payment Method you have chosen, that we will automatically charge directly to your nominated Card (‘Nominated Payment Source’) on a one-time or regular basis in agreed upon amounts as outlined in your Payment Schedule. You will have the option to select a preferred Payment Method and Nominated Payment Source when your Afterpay Account is being created. You can update or change your preferred Nominated Payment Source or Payment Method at any time via your Afterpay Account.

(b) Subject to the other terms of this Agreement, You hereby expressly consent to, authorise and instruct Afterpay to deduct Automatic Payment amounts from your Nominated Payment Source for the amounts and on those scheduled dates set out in your Payment Schedule. You acknowledge that you are giving us the ability to collect or reverse variable payment amounts from or to your Nominated Payment Source, in accordance with your Payment Schedule and the terms of this Agreement.


(c) You are responsible for ensuring that you have sufficient funds in your Nominated Payment Source available to make Automatic Payments on the dates specified in your Payment Schedule. You are liable for any fees or charges imposed by your Nominated Payment Source, except to the extent that such fees or charges arise as a result of our error or system failure. If any fees or charges are imposed as a result of our error or system failure, please provide us with a copy of the relevant records, and we will reimburse you for the relevant fees or charges.


(d) If an Automatic Payment fails (for example, if your Nominated Payment Source is a credit or debit card which has expired), Late Fees may apply unless you otherwise make the scheduled payment on or before the relevant due date. You authorise us to satisfy any monetary liability you owe us by:(i) Debiting your Nominated Payment Source at a later time or date;
(ii) Debiting any other Card which you have provided details of;
(iii) Offsetting the payment amount against any amounts we may owe to you; or
(iv) Any other legal means.

Please see clause 4.3 below for more information regarding Late Fees.


4.3 Late Payments

(a) If you fail to pay any amounts according to the Payment Schedule, Late Fees will apply on each payment that is due but not received. For the avoidance of doubt, Late Fees will not be applied until the day immediately following the day that the payment is due.


(b) We may, at our sole discretion, reasonably delay the application of, or waive wholly or partly, any Late Fee. If Late Fees are or may be incurred as a result of Afterpay’s error, please let us know, and we will waive or refund such fees, as relevant.


4.4 Fees

(a) Charges or Fees, if any, payable by you for the use of our Products or your Afterpay Account will be set out in Schedule 1 to this Agreement.

4.5 Cross Border Transactions

Where you use our Products to make a Cross Border Transaction, we will convert what the Retailer charges for the goods into your local currency using a retail exchange rate selected by Afterpay at our discretion to determine the Original Order Value and the amounts payable by you in accordance with your Payment Schedule. The exchange rate used will change regularly to reflect the currency fluctuations in the foreign exchange market.

No set up fees or foreign exchange commission will be applied to the exchange rate applied to perform the conversion.


4.6 Interest

(a) No interest charges are payable by you for the use of our Products.


4.7 No set off

Notwithstanding any other provisions of this Agreement, you must make all payments in accordance with the Payment Schedule and pay all other amounts in full to us under this Agreement without any set-off, withholding or reduction for any reason whatsoever, including any existing or future act, omission or default by us.

4.8 Higher Upfront payment

Where the Original Order Value exceeds your approved spending limit with Afterpay, you may be offered the option to pay an instalment at the time of purchase which is higher than 25% of the Original Order Value (Higher Upfront Payment).

If this section applies to you, the Higher Upfront Payment will display prior to you confirming your Afterpay Order, and we will act as your agent by paying through your Higher Upfront Payment to the merchant. For the avoidance of doubt, Your obligations with respect to Your Payment Schedule (regardless of the applicability of this section) shall continue to apply in accordance with this Agreement, including your obligations under clause 4.2.


5. Refunds

(a) If you decide to return goods to a Retailer or Third Party Supplier (as applicable), which have been purchased using our Products, and request a refund, or a return and refund are otherwise accepted by the Retailer or Third Party Supplier or permitted by law, you will directly arrange the return with the Retailer or Third Party Supplier, ensuring that the goods are returned according to the Retailer’s or Third Party Supplier’s returns policy or other instructions or your rights at law.


(b) It is your responsibility to notify the Retailer or Third Party Supplier if you intend to return any goods. The return must be completed within the period specified and in the manner required by the Retailer’s or Third Party Supplier’s returns policy or as otherwise permitted by the Retailer or Third Party Supplier.


(c) Unless we are notified by a Retailer or Third Party Supplier that a return and refund is in progress, we will continue to process any Automatic Payments in accordance with the dates set out in your Payment Schedule.


(d) Until such time that the Retailer or Third Party Supplier has confirmed the return of the goods and has issued a refund to us for those goods, you will remain liable to us for the full payment of the goods, in accordance with your Payment Schedule.


(e) Once the Retailer or Third Party Supplier has issued a refund to us for the goods, we will issue a refund to your Nominated Payment Source (or, if that is not possible, to any other Card that you have provided details of) and/or adjust your Payment Schedule appropriately (including to reduce or cancel any future payments, if necessary). Please note, in the event of partial refunds, refund amounts are taken off the last payment/s first. If the refund is processed to your expired or cancelled card, you will need to obtain the returned funds by contacting your financial institution.

For example, if you make a $400 purchase using Afterpay and the retailer approves a $250 refund, we will cancel your 3rd and 4th instalments of $100, and amend your 2nd instalment to $50. Your new payment schedule will become 2 payments (instead of 4) of $100 & $50. If you had already paid 2 instalments of $100 each, a refund of $50 would be applied to your card and the remaining 2 instalments would be cancelled.

When a Retailer issues a refund for a Cross Border Transaction, Afterpay will use the original retail exchange rate (used at the time the order was placed) to determine the refund amount to apply to your Nominated Payment Source for the relevant goods.

For example, if a New Zealand Retailer charged 100NZD which was converted to $96 as the Original Order Value, if the Retailer issues a refund for 50NZD, your order total and Payment Schedule will be adjusted by $48.

(f) Where you wish to return a product 120 days or more after the purchase date, we will no longer have any involvement in the product return process (i.e. the Retailer will provide any agreed refund directly to you). A longer period will apply where we have agreed a longer period with a Retailer or Third Party Supplier where required based on the nature of the goods or services purchase by you.

6. Assessment and checks

6.1 Assessment

(a) We reserve the