Afterpay Terms of Service - Australia
EFFECTIVE DATE: 7 NOVEMBER 2024
HIGHLIGHTS:
- Afterpay allows you to pay for your purchase over 4 instalments, due on the dates outlined in the Payment Schedule for your purchase. In some cases, Afterpay may require you to make a payment at the time of purchase.
- You must meet identification requirements and our eligibility criteria, including that you must be at least 18 years old and be the authorised holder of an eligible 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.
- You may make early payments, otherwise Afterpay will automatically process payments in accordance with the due date stated on your Payment Schedule. If a payment is not processed on or before the due date, Late Fees will apply.
- We apply maximum Late Fee caps:
- For each Order of $40 or below, the total Late Fee payable is one Late Fee capped at 25% of the Original Order Value.
- For each Order above $40, the total amount of Late Fees payable is the lower of 25% of the Original Order Value or $68. Up to this maximum Late Fee cap, we will charge an initial Late Fee of $10, and a further Late Fee of $7 if the payment remains unpaid 7 days after the due date. We may charge partial amounts of the initial $10 Late Fee and the subsequent $7 Late Fee to remain within the maximum Late Fee cap.
- Some features accessible on the App may not be accessible on the Web Portal, and vice versa.
- 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 services and all refunds are the responsibility of the Retailer where you make the purchase or the Third Party Supplier who supplies the Third Party Goods available through our Platforms.
- If you decide to purchase goods from an authorised Retailer from outside of Australia, we draw your attention to clause 4.5.
- We are a Code Compliant Member under the BNPL Code. You have certain rights and we have certain obligations to you under the BNPL Code. For further information, see clause 2.6.
- We limit our liability to you in accordance with clause 10.3, and you indemnify us in accordance with clause 10.4.
Please read these Terms carefully as they impose rules, obligations and other responsibilities on you in respect of your use of, and access to, our Products. By clicking ‘accept’ and using Afterpay’s Products, you agree to be bound by these Terms. If you do not want to be bound by these Terms, you must not click ‘accept’ or make a purchase using Afterpay’s Products. You should print a copy of these Terms for your records, noting they may be amended from time to time. The latest version is available on our Website.
1. Terms and policies
1.1. Parties to these Terms
These Terms are a contract between you and Afterpay.
1.2. Policies
You should read Afterpay’s Privacy Policy and any other policy found on the Website.
1.3. Changes to these Terms
(a) We may vary these Terms at any time (including varying the Fees). We will only vary these Terms for the following reasons: (i) if we change the functionality of our Products in a way that impacts these Terms; (ii) if we introduce new products or remove existing products that impact these Terms; (iii) where required by law or regulation or a regulator; or (iv) for any other reason determined by Afterpay acting reasonably.
(b) Where the variation is material and/or to your detriment, we will provide you with at least 30 Business Days’ prior personal notice of the variation, unless the variation is to introduce new Fees or increase existing Fees, in which case, we will give you at least 40 Business Days’ prior personal notice.
(c) If you do not wish to be bound by the variation, you are free to close your Afterpay Account (or if you have outstanding amounts owing to us, deactivate and then close your Afterpay Account as described in clause 3.4), without penalty or additional fees, within the applicable notice period.
(d) See clause 9 for how we provide personal notice. We may also place the notification, including by way of push notifications, pop-ups or banners, in the App or Web Portal.
(e) There may be instances beyond our reasonable control where we cannot give you prior notice, for example, where we are instructed by a regulator to implement a change immediately. We will personally notify you of the change as soon as we can. Where the variation is not material and/or to your detriment (so it is to your benefit or is neutral), we may notify you after we have made the change or not give you any notice (for example, where the change is immaterial).
(f) We will not change these Terms as they apply to an existing Order that has been accepted by us; the Terms that will apply to an accepted Order (and any steps taken in relation to such Order, e.g., cancellation, refunds, etc.) are the Terms 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 Retailers including a Retailer in an overseas jurisdiction permitted by Afterpay, and/or (ii) Third Party Goods.
(b) By placing an Order with a Retailer or for Third Party Goods using our Products, you provide us with an unconditional and irrevocable consent and direction to pay (or procure an Afterpay Affiliate to pay) the Retailer or Third Party Supplier (as applicable) on your behalf:
(i) the First Instalment where it is payable at the time of completing the Order; and
(ii) in exchange for your agreement and obligation to repay or pay to us the remaining agreed amounts plus any applicable Fees including Late Fees (if any) as principal debtor, in accordance with these Terms, the other remaining agreed amounts specified in your Payment Schedule, including the First Instalment where it is not due at the time of completing the Order (which may include any applicable taxes, duties or other related amounts charged by the Retailer or Third Party Supplier (as applicable)).
(c) You acknowledge that we do not have any control over, and neither Afterpay nor any Afterpay Affiliate is 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.
(d) You acknowledge that we act as an agent for the Third Party Suppliers when we process Orders for Third Party Goods. 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.
(e) Afterpay does not:
(i) enter into a partnership, joint venture, agency (except as set out above in this clause 2.1) or employment relationship with you;
(ii) guarantee the identity of any Retailer;
(iii) guarantee the performance or delivery of the goods or services by any Retailer or Third Party Supplier;
(iv) determine if you are liable for any taxes; or
(v) collect or pay any taxes on your behalf that may arise from your use of our Products.
(f) You acknowledge and agree that some or all of Afterpay’s obligations under these Terms may be performed by one or more Afterpay Affiliates from time to time.
2.2. Your Consumer Rights
(a) 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.
(b) Nothing in these Terms 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 Platforms.
(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 or uninterrupted 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. We will take reasonable steps within our control to keep our Products secure, but subject to this obligation and except as required by law, we do not guarantee secure access to our Products.
2.4. Your eligibility
(a) To be eligible to apply 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) be the holder of a Card to use as a Payment Method; 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 an agreement with us subject to these Terms, 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 these Terms without our prior written consent, which must not be unreasonably withheld.
(b) We may transfer or assign all or any of our rights under these Terms, to a third party without notice to you or your consent unless the assignment will detrimentally affect your rights under these Terms (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 these Terms.
2.6. Your rights under the BNPL Code
(a) We are a Code Compliant Member under the BNPL Code. The BNPL Code describes contractually enforceable commitments that apply from 1 March 2021 to the interactions and arrangements we have with you about our Products that may be covered by the BNPL Code.
(b) The BNPL Code operates alongside, and is subject to, existing laws and regulations and does not limit your rights under such laws and regulations. Where the BNPL Code imposes standards on us that are above those required by the law or regulation, we are committed to the higher standards of the BNPL Code.
(c) As a Code Compliant Member, we are subject to the oversight of the CCC and our commitments to you under the BNPL Code are enforceable by you through AFCA. To raise a complaint with us, AFCA or the CCC – see clause 8.2.
3. Your Afterpay Account
3.1. Creating your Afterpay Account
(a) 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. Your password should not be easily identifiable by anyone else. For example, you should not use your birth date, phone number or other personal information or sequential numbers (such as “1234”). You should use different passwords for different electronic services (including, for example, banking services), not disclose your password to anyone else or write it down, and you should take care when keying in your password to make sure that no one else can see it.
(b) 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, or such unauthorised access or use arises from our negligence, error or system failure. You will not be liable to us where any unauthorised access or use of your Afterpay Account arises which is not caused or contributed to by any act or omission by you, whether directly or indirectly.
(c) If you consider a transaction made using your Afterpay Account was not made or otherwise authorised by you, you should contact Afterpay at help.afterpay.com and we will investigate this as an unauthorised transaction. In the absence of such a request from you, you acknowledge and agree that we will treat any such Order on your Afterpay Account as a valid transaction for the purposes of these Terms.
See how we handle complaints in clause 8.2.
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 us all amounts you owe including all 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 App or Web Portal;
(d) provide to us in a timely manner all documentation relating to your identity, if reasonably requested by us;
(e) not use your Afterpay Account, our Products, any Platform 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) pay any taxes that may apply to purchasing the goods or services where applicable (e.g. GST);
(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 any Platform;
(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 any Afterpay Affiliate (excluding our liability to pay a Retailer or Third Party Supplier from your use of the Product) or cause us to lose (in whole or in part) the services of our Retailers or Third Party Suppliers through your wrongful acts or omissions;
(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;
(m) not open or use more than one Afterpay Account;
(n) if you think that you won’t be able to pay us on time, contact us as soon as possible; and
(o) ensure that you update your App software to ensure it is using the latest version. You can find information on the latest version of the App on the App Store or Google Play Store. You must also ensure that your device you use to access any Platform has adequate security, including for example by using a secure internet connection, ensuring that your device is using the latest security release for your hardware and relevant software and you have reasonable anti-virus software and / or protection.
3.3. In-store payment
(a) To make an in-store purchase with a Retailer, you must have added your Afterpay Card to your digital wallet. See our App or Website for instructions. The Afterpay Card cannot be accessed through the Web Portal.
(b) Your Afterpay Card will be processed by the Retailer to finalise your Afterpay purchase. If your request is approved, your First Instalment will be due at the time of purchase or, if you have access to and have activated the No Payment Upfront Feature, on the date set out in your Payment Schedule. Payments will be deducted from your Selected Payment Method in accordance with your Payment Schedule.
(c) Only one Afterpay Card will be approved for your use and can be used to authorise additional purchases until its expiry date.
(d) Your Afterpay Card must only be used by you as the Afterpay Account holder. It is your responsibility to keep your Afterpay Card secure at all times from theft, fraud, misuse and/or unauthorised use.
(e) If you become aware that your Afterpay Card is faulty, or the device onto which it has been loaded has been lost or stolen prior to its expiry, or there are issues with generating the Afterpay Card, you can contact us via the App or on help.afterpay.com. If your device is lost or stolen and you contact us, we will deactivate the Afterpay service on your Afterpay Account, meaning that no new purchases, spend limit increases or changes to personal details can take place. We will continue to draw Automatic Payments in accordance with your Payment Schedule so that you do not fall behind on your payments. To reactivate your Afterpay Account on your new (or located) device, please contact us again and we will help you with the set up.
(f) To the extent permitted by law, and subject to clause 2.2, neither Afterpay nor any Afterpay Affiliate will be liable to you or anyone else for any losses suffered or incurred due to lost or misdirected Afterpay Cards, or delay in receipt of, or for any failure to generate or provide the Afterpay Cards to the device you have provided, or for any losses suffered or incurred due to the theft, fraud, misuse or unauthorised use of the Afterpay Card, except to the extent that such losses arise as a result of our acts or omissions, negligence, wilful misconduct or breach of these Terms.
3.4 Closing your Afterpay Account
(a) When you can close your Afterpay Account
Please take note: Closing your Afterpay Account means that you will no longer be able to perform any new transactions, make any changes to your Afterpay Account, view your Afterpay Account details or obtain your transaction history in the Afterpay App or Web Portal. You cannot close your Afterpay Account if you have any outstanding payments owing (including Late Fees) and we will continue to draw Automatic Payments in accordance with your Payment Schedule and for Late Fees when they fall due (if applicable) until the outstanding payments are paid in full.
(i) You can close your Afterpay Account at any time via the App or by contacting us directly for any reason (including where we are making unilateral changes under clause 1.3) if you have paid all outstanding amounts owed to us (including Late Fees) in full.
(ii) If you have outstanding amounts owing to us, you can ask us to deactivate your Afterpay Account so that you cannot place a new Order with us, and you will be able to close your Afterpay Account once you have paid all outstanding amounts to us (including Late Fees) via the App or by contacting us directly.
(iii) If your Afterpay Account is closed under this clause, any disputes or refunds that are in progress will also need to be resolved/processed (see clause 5), and these Terms will continue to apply.
(b) When we can close your Afterpay Account
(i) We may immediately limit your access to our Products, suspend (including that you cannot make any new Orders), deactivate or close your Afterpay Account, without prior notice to you, for any of the following reasons:
A. we reasonably consider it necessary to do so in order to protect the integrity of our systems or the Products, prevent fraud or limit the risk of money laundering or terrorism financing, or otherwise protect us against any legal, regulatory or non-payment risk (whether at an Afterpay Account level, portfolio level or part of portfolio level);
B. we are required to or instructed by a regulator, enforcement officer or court of law;
C. you do not pass our verifications or checks;
D. we reasonably suspect, or are aware, that you have breached these Terms in a material respect (including by failing to make any payment due under these Terms 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 these Terms or other Afterpay terms);
E. you purport to or withdraw any consent that is integral to our ability to provide the Products (for example our ability to provide notices and communicate with you electronically, or our ability to report to credit reporting bureaus or to perform credit checks (where required to provide any Product to you)); or
F. we reasonably consider that our Products are no longer suitable for you.
(ii) We will use our reasonable endeavours to provide a notice of any suspension prior to or after any suspension, unless we have a legitimate reason not to provide notice. If we close your Afterpay Account without prior notice, we will provide personal notice that we have done so as soon as reasonably practicable after the closure.
(iii) Other than as set out in (b) above, we may close your Afterpay Account at any time for any reason by providing you with 60 days’ prior personal notice. For how we give personal notice, see clause 9.
(c) Consequences of closure
These Terms will continue to apply to any Order accepted prior to closure (whether it is immediate or with prior notice) until all amounts owing (including Fees) are received in full and until all disputes and refunds are resolved/processed) – see clause 5.
4. Orders, payments, billing and features
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 (whether at an Afterpay Account level, portfolio level or part of portfolio level);
(ii) you do not pass our verifications or checks, including re-verification or those described in clause 6;
(iii) we reasonably suspect, or are aware, that you have breached these Terms in a material respect (including by failing to make any payment due under these Terms on the payment due date);
(iv) we reasonably consider that a Product is no longer suitable for you; or
(v) we otherwise reasonably consider the Order to be suspicious.
(b) If we cancel an approved Order:
(i) we will provide you with a notice confirming that your Order is cancelled;
(ii) we will apply a full refund of any amounts you have paid to us to your Selected Payment Method for that Order, or where you had more than one Selected Payment Method, to one or more of those Selected Payment Methods we choose. If that is not possible, we will apply the refund 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 by you to Afterpay for the approved Order, that payment will not be refunded by Afterpay. Any return of funds to you 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;
(iii) 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
(iv) if you wish to proceed with the purchase from the Retailer, the Retailer may accept an alternative way to pay in its discretion, or if required to do so by law.
(c) Once we approve your Order, we will display your Payment Schedule in the App and on the Web Portal. We may also send you an email to the email address you have registered with your Afterpay Account with confirmation of receipt of your Order, payment of the First Instalment (where it is payable at the time of the Order) and the Payment Schedule.
4.2. Automatic Payments and Payment Methods
(a) Subject to other clauses of these Terms, you hereby expressly consent to, authorise and instruct Afterpay to:
(i) process Automatic Payments from your Selected Payment Method for the amounts (including Late Fees, if applicable) and on those scheduled dates set out in your Payment Schedule; and
(ii) process Automatic Payments in aggregate, rather than as individual transactions where there are multiple payments to be made on the same day.
(b) You may make early repayments, otherwise Afterpay will automatically process payments as set out in paragraph (a) above. If an Automatic Payment fails on any of the dates specified in your Payment Schedule, or we have reasonable grounds to suspect it will fail, you agree that Afterpay may and you instruct Afterpay to, attempt or re-attempt to process the payment, including at a later time or date using any Payment Method you have provided until the outstanding amounts you owe are paid. There may be restrictions on removing a Payment Method until all amounts you owe have been paid.
(d) You can update or change your Payment Method at any time via your Afterpay Account or, where the option is available, via the Afterpay checkout process. However, Afterpay may seek payment by way of any of the Payment Method details provided by you. Whenever you add a Payment Method, we will do an account verification check on it. You must always have at least one Preferred Payment Method that we have accepted.
(f) If you wish to cancel any goods or services offered by a Retailer that is structured as a Recurring Payment, you will be responsible for contacting the Retailer directly to cancel this in accordance with the Retailer’s policies. You may cancel any scheduled Recurring Payment amount by notifying us within 2 days of the next scheduled payment, either through our Website or contacting us at help.afterpay.com. By contacting Afterpay to cancel any scheduled Recurring Payment amount, Afterpay will also cancel any future Recurring Payments you have for goods or services offered by that Retailer to you. You are responsible for any outstanding amounts or obligations imposed by the Retailer on you as a result of your cancellation of the Recurring Payment amounts. Please note, cancelling your Recurring Payment with Afterpay will not cancel any goods or services obtained from the Retailer. As above, it is your responsibility to cancel goods or services obtained from a Retailer by contacting the Retailer directly.
(g) You are responsible for ensuring that you have sufficient funds in your Selected Payment Method or other relevant Payment Method available to make Automatic Payments on the dates specified in your Payment Schedule. You are liable for any fees or charges imposed by your Payment Method (e.g. interest charges on a nominated credit card), 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.
(h) If an Automatic Payment fails (for example, if your Selected Payment Method is a credit or debit card that 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 Selected Payment Method 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.
(i) You acknowledge and agree that Afterpay may use network tokens to manage your Payment Method details from time to time, including that Afterpay may receive and use an updated expiry date and card number, where applicable. Following any update, you authorise Afterpay to continue to charge the applicable Payment Method(s) using the updated details provided by our payments service providers.
4.3. Late Payments
The calculation and application of Late Fees are set out in Schedule 1 to these Terms.
4.4. Fees
All charges and fees and how they are calculated and applied are set out in Schedule 1 to these Terms.
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 to determine the Original Order Value and the amounts payable by you in accordance with your Payment Schedule at the retail exchange rate used, which is the average of the bid rate offered by the four largest retail banks in Australia.
4.6. Interest
No interest charges are payable by you for the use of our Products.
4.7. No set off
Notwithstanding any other provisions of these Terms, you must make all payments in accordance with the Payment Schedule in full to us under these Terms without any set-off, withholding or reduction.
4.8. Higher Upfront Payment
(a) 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”).
(b) If this clause 4.8 applies to your Order, 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 as set out in clause 2.1.
(c) 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 these Terms, including your obligations under clause 4.2.
4.9. Preferred Payment Day
(a) You may (or, if clause 4.9(d) applies, we may) select your preferred day of the week (“Preferred Payment Day”) on which payment due dates in respect of each Order are to fall.
(b) Once the Preferred Payment Day is set, your Payment Schedule for each subsequent Order completed will reflect the Preferred Payment Day, subject to the following:
(i) If you have access to the No Payment Upfront Feature and it is active:
A. the First Instalment for an eligible Order will be due on the Preferred Payment Day that falls immediately after the date of your Order plus 1 week; and
B. each remaining instalment will be due fortnightly thereafter, or as otherwise set out in your Payment Schedule.
(ii) If you do not have access to the No Payment Upfront Feature:
A. the First Instalment will be due on completion of your Order;
B. the second instalment will be due on the next Preferred Payment Day that falls at least 2 weeks from the date of your Order; and
C. each remaining instalment will be due fortnightly thereafter, or as otherwise set out in your Payment Schedule.
(c) Once the Preferred Payment Day is set, it will only apply to future Orders. Payments in respect of any existing Orders will continue to be payable in accordance with the existing Payment Schedule, subject to your ability (if any) to change the due date of a payment yourself via the App or Web Portal, or any request you make to Afterpay to change the payment dates, which Afterpay may accept or reject in its discretion.
(d) If you do not select your preferred day when the feature is available, we will default your Preferred Payment Day to a day we choose.
(e) You may amend your Preferred Payment Day for future Orders at any time in the Afterpay App.
4.10. No Payment Upfront
(a) If made available to you, this feature will display in the App and allow you to defer your First Instalment on an eligible Order from the Order date to a later date as set out in your Payment Schedule (“No Payment Upfront Feature”).
(b) An eligible Order for the No Upfront Payment Feature means that the Order must meet certain criteria including:
(i) your Afterpay Account is accepted as a form of payment by a merchant;
(ii) the order must total $500 or less including any taxes, shipping and other charges;
(iii) the order must not be for a Gift Card; and
(iv) the type of Order, Retailer and/or Third Party Supplier meets our risk requirements.
(c) If we make the No Payment Upfront Feature available to you, the App will show that the feature is active. We may also send you a communication confirming that you have access to the feature.
(d) If we make the No Payment Upfront Feature available to you, you can turn the feature on or off at any time within the Afterpay App, except where you have lost access in accordance with clause 4.10(f) below, in which case the feature can only be reactivated by Afterpay.
(e) Afterpay will decide whether to make the No Payment Upfront Feature available to you and for how long (whether for the first time or in considering whether to reactivate the feature after a deactivation). In deciding these things, Afterpay will consider a range of factors including:
(i) if you have held an existing Afterpay Account in Australia for more than 1 year;
(ii) if you have requested or received financial hardship assistance in the past year;
(iii) if you have had fewer than 6 times that you have not made a First Instalment when due in the past 6 months; and
(iv) your payment behaviours and use of the Product, including whether you make regular Orders.
(f) If you have access to the No Payment Upfront Feature and do not make your payments when they are due (unless solely due to our error), we may deactivate the No Payment Upfront Feature without prior notice to you. Acting reasonably, we may also deactivate the feature without prior notice to you where we consider that deactivation is reasonably necessary to protect our legitimate interests (which include the commercially reasonable management of our Products and the management of certain risks, including the credit, operational and regulatory risks we are exposed to when providing this Product to you). If we deactivate the feature, this may be communicated to you and/or we may let you know in the App.
4.11. Spend Cap
(a) Once the feature is released, we will allow you to create a Spend Cap in the App. The Spend Cap is independent from your Afterpay limit.
(b) You are in control of your Spend Cap and can change the amount of your Spend Cap (subject to a minimum and maximum Spend Cap amount, which we’ll show you in the App) and turn it on or off at any time.
(c) Your available to spend at any time will be:
(i) your Afterpay limit at that time, minus any outstanding instalments and Late Fees applied but not paid (if any); or
(ii) if you have a Spend Cap in place, the lesser of your Spend Cap and Afterpay limit at that time, minus any outstanding instalments and Late Fees applied but not paid (if any).
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 the policies of an online marketplace) or other instructions or your rights at law. Please note, using Afterpay to pay for any eligible purchase will not affect any of your existing rights to refund under applicable consumer law or otherwise.
(b) It is your responsibility to notify the Retailer or Third Party Supplier if you intend to return any goods or request a refund for goods or services. The return or refund must be completed within the period specified and in the manner required by the Retailer’s or Third Party Supplier’s returns policy (or the online marketplace’s policies, if applicable) or as otherwise permitted by the Retailer, Third Party Supplier or by law.
(c) Unless we are notified by a Retailer or Third Party Supplier (or the provider of an online marketplace, if applicable) that a return (if applicable) has been completed and a refund has been issued, we will continue to process any Automatic Payments in accordance with the dates set out in your Payment Schedule. Late fees will apply in accordance to these Terms if you miss a payment, even if you are seeking a refund.
(d) Until such time that the Retailer or Third Party Supplier (or the provider of an online marketplace, if applicable) has confirmed the return of the goods or that services have not been provided (if applicable) and has issued a transaction reversal for those goods or services, you will still need to make the payments in accordance with your Payment Schedule.
(e) Once the Retailer or Third Party Supplier has confirmed that a refund is payable, we will issue a refund to your Selected Payment Method for that Order, or where you had more than one Selected Payment Method, to one or more of those Selected Payment Methods we choose (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).
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 Selected Payment Method(s) 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 (e.g. the Retailer will provide any agreed refund directly to you). A longer period will apply where we have agreed to a longer period with a Retailer or Third Party Supplier or online marketplace (as applicable) where required based on the nature of the goods or services purchased by you.
(g) Where your Afterpay Account has been closed for any reason, our respective obligations in relation to product returns in this 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 a later date as 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, Third Party Supplier or online marketplace (as applicable) will be solely responsible for processing all product returns and associated refunds and if the Retailer, Third Party Supplier or online marketplace (as applicable) refunds any amount through your Afterpay Account, we will issue that amount to what was your Selected Payment Method prior to the closure of your Afterpay Account (or if that is not possible, to any other Card that you have provided details of).
6. Assessment and checks
6.1. Assessment
We reserve the right to assess, and determine whether to accept or cancel, each Order in accordance with clause 4.1.
6.2. Repayment capability and identity checks
(a) We reserve the right to verify your identity, including if required under the Anti-Money Laundering and Counter-Terrorism Financing Act. Verifying your identity does not mean we will approve your Order (see clause 4.1(a) for other variables that are considered).
(b) You agree to provide any information or documentation reasonably requested by Afterpay, a Retailer or a Third Party Supplier to verify your identity in connection with your Afterpay Account or Orders.
(c) You authorise us to make, directly or through third parties, any enquiries we consider necessary to verify your identity and assess your capability to make payments according to the Payment Schedule in relation to all Afterpay Orders. This may include performing repayment capability checks and verifying information you provide against third party databases.
(d) All information that Afterpay collects about you or the recipient you nominate, including information collected in connection with the verification of your identity, will be collected, used and stored in accordance with the Afterpay Privacy Policy (https://www.afterpay.com.au/privacy/).
(e) You authorise Afterpay (or any third parties providing services on behalf of Afterpay) to disclose to third parties, to the extent required or permitted by any applicable laws or regulations, any information in relation to you or your Afterpay Account.
7. Our Intellectual Property
(a) Our Platforms and all content on our Platforms are the exclusive property of Afterpay, Afterpay group companies or other third parties such as our partners. With the exception of any information forming part of any agreement between Afterpay and you, the information on our Platforms is for information purposes only and is subject to change without notice.
(b) You must not copy, imitate, modify, alter, amend or use without our prior written consent any URLs representing any Platform, or any of our content, logos, graphics, icons or other content published on any Platform or in our printed media.
8. Complaints and disputes
8.1. Disputes between you and a Retailer or Third Party Supplier
(a) If you have a dispute with a Retailer or Third Party Supplier (as applicable), you should file a dispute through direct contact with the relevant Retailer or Third Party Supplier.
(b) In some instances, Afterpay may facilitate communication between you and the Retailer or Third Party Supplier to enable a resolution to all disputes, the outcome of your disputes with Retailers or Third Party Suppliers will not affect Afterpay’s rights and remedies under these Terms or your obligation to meet any payments due to us, except as expressly provided in clause 5.
8.2. Complaints
(a) We:
(i) will acknowledge receipt of all complaints within 1 Business Day or as soon as reasonably practicable;
(ii) will provide an initial response to all complaints within 10 Business Days from the date of the complaint; and
(iii) aim to resolve all complaints within 21 days.
(b) If you wish to raise a complaint related to our Product, these Terms or the Agreement, you should do so by contacting us via the Help icon in the My Afterpay tab in our App or on our Website, at help.afterpay.com. Complaints against us should be raised with us as soon as possible.
(c) We may request additional documentation from you to assist us in resolving any complaints or disputes, and you must provide all reasonable assistance to us to facilitate us in resolving any complaints or disputes.
(d) Where we cannot resolve a complaint within 21 days, we will notify you of the reason for the delay as well as an indication of when we expect to resolve the complaint or dispute.
(e) When we have completed our investigation of your complaint, we will provide you with a written response, which will include:
(i) the outcome of our investigation;
(ii) your right to take your complaint to AFCA; and
(iii)AFCA’s contact details.
(f) There may be some circumstances where (unless otherwise required to do so) we will not provide a written response to you because we have either:
(i) resolved the complaint to your satisfaction within 5 Business Days; or
(ii) given you an appropriate explanation and / or apology and there are no further actions we can take to reasonably address the complaint.
(g) If you are not satisfied with the outcome of your complaint after it has been through our internal disputes process above, you can contact the Australian Financial Complaints Authority (AFCA) using the contact details listed below.
AFCA email: [email protected]
AFCA website: www.afca.org.au
Phone: 1800 931 678 (free call)
In writing to: Australian Financial Complaints Authority GPO Box 3, Melbourne VIC 3001
(h) If you have a specific dispute with us that involves a breach of the BNPL Code, you should contact us in the first instance and then contact AFCA, if considered necessary. AFCA may not deal with your dispute unless you have tried to resolve the problem with us first, and either:
(i) we have provided you with a formal response; or
(ii) at least 20 Business Days (or the timeframe outlined by AFCA) has elapsed since you made your complaint.
(iii)In addition to contacting us or AFCA, you can report an alleged breach of the BNPL Code to the CCC. The CCC will not consider your complaint if you are still trying to resolve it with us, or with AFCA. To lodge a complaint with the CCC, you can contact them at [email protected].
9. Notices and communications
9.1. How we will communicate with you
(a) Other than as set out in (b) below, these Terms and any other terms, agreements, notices or other communications regarding your Afterpay Account and/or your use of our Products may be provided to you electronically and you agree to receive all communications from us in electronic form, unless otherwise required by law.
(b) For personal notice, we may give you notice by:
(i) serving it personally at, or sending it by post to, your nominated contact address listed on your Afterpay Account; or
(ii) sending it to you via other electronic methods of communication using contact details listed on your Afterpay Account (including text messages).
(c) Where a notice is served personally, service of the notice is taken to be effected when delivered. Where a notice is sent by post, service of the notice is taken to be effected on the fourth day after the date of postage. Where a notice is sent by electronic mail, or through other electronic means, service of the notice is taken to be effected on the day on which it is sent, unless we receive notification that delivery has failed.
(d) You consent to us using the most recent contact details you have provided to us to:
(i) contact you on an ongoing basis for marketing purposes whether by email, SMS, push notifications, phone or otherwise (unless you have notified us that you do not wish to receive such communication); and/or
(ii) contact you in relation to your Afterpay Account, our Products and/or any Third Party Goods you have purchased.
(e)You acknowledge that we (or any third party providing services on behalf of us) may monitor or record telephone conversations or electronic communication for quality control and training purposes or for Afterpay’s own protection. Afterpay does not provide any guarantee that any such monitoring or recording will be retained or retrievable.
9.2. How you can communicate with us
If you wish to contact us for any reason, you can do so using the details in the App, including by email to [email protected].
10. General
10.1. System Outages and Access
(a) Access to our Products or any Platform may occasionally be unavailable or limited due to hardware or software failure or defects, overloading of system capacity, damage from natural events or disasters or disruptive human activity, interruption of power systems, labour shortages or stoppages, legal or regulatory restrictions as well as other causes outside of our reasonable control.
(b) To the extent permitted by law, and subject to clause 2.2, neither Afterpay nor any Afterpay Affiliate will be liable for any loss or damage which you may incur as a result of our Products or any Platform being unavailable.
(c) Some features accessible on the App may not be accessible on the Web Portal, and vice versa.
10.2. Governing Law and Jurisdiction
(a) These Terms are governed by the law in force in New South Wales, Australia.
(b) Each party irrevocably submits to the non-exclusive jurisdiction of courts exercising jurisdiction in New South Wales, Australia.
10.3. Limiting our liability to you and your liability to us
(a) Nothing in these Terms is intended to exclude, restrict, modify or limit your rights under your Consumer Rights.
(b) Our Liability to you when statutory guarantees and non-excludable implied warranties do not apply is limited as follows:
(i) Save as set out in (ii) and (iii) below, our liability for all claims arising under or related in any way to these Terms and our Products no matter how arising, and whether in contract, tort (including negligence), or otherwise, will not exceed the total value of any affected Order(s), including any payments and Late Fees.
(ii) Neither we nor any Afterpay Affiliate are liable to you for any loss or damage (including any direct loss or damage or Consequential Loss) you or any third party may incur from your purchase or use of any goods or services from a Retailer or a Third Party Supplier, or from your use of an online marketplace. You acknowledge that this is a matter between you and the Retailer or Third Party Supplier, subject to any obligation on us to process refunds and cancel future payments in accordance with these Terms and our agreement with the Retailer or Third Party Supplier.
(iii) Neither we nor any Afterpay Affiliate are liable to you where your acts or omissions cause or contribute to the loss or damage or where you fail to take all reasonable steps to mitigate the loss arising.
(c) Your Liability to us
(i) See clause 10.5 for your liability to us where you breach your use of our Products.
(ii) Save as set out in (iii) below, your liability to us for all claims arising under or related in any way to these Terms no matter how arising, and whether in contract, tort (including negligence), or otherwise, will not exceed the total value of any affected Order(s), including any payments and Late Fees.
(iii) You are not liable to us where our acts or omissions cause or contribute to the loss or damage or where we fail to take all reasonable steps to mitigate the loss arising.
10.4. Indemnification
(a) You are responsible to Afterpay and any Afterpay Affiliate to the extent they are involved in the provision of the Products for any loss, costs (including reasonable legal fees), expense or damage they suffered or incurred: (i) in connection with any claim or demand made by any third party due to or arising out of your breach of these Terms, or your breach of any law or of the rights of a third party relating to your use of our Products or Website; and (ii) as a direct or indirect consequence of unauthorised users accessing your account as a result of your negligence. To the extent that clause 10.4(a) gives rights to a person who is not a party to these Terms, Afterpay contracts as trustee of the rights given to that person.
(b) Your liability under clause 10.4(a) will be reduced proportionately to the extent that Afterpay, any related companies of Afterpay, its contractors or agents: (i) caused or contributed to the relevant claim, demand, loss or damage; or (ii) failed to take reasonable steps to mitigate the relevant claim, demand, loss or damage.
10.5. Breach relating to misuse of the Products
(a) You acknowledge that it is imperative that Afterpay be able to rely on:
(i) the information you provide to us;
(ii) the identity that you use; and
(iii) that your use of your Afterpay Account and our Products be for the intended purpose.
(b) You acknowledge that a breach by you of any obligation in these Terms in relation to the matters in clause 10.5(a) (including, without limitation, a breach of clauses 2.4 or 3.2(b) and/or 3.2(e)) that is in substance material, would cause significant detriment to Afterpay and/or any Afterpay Affiliate. You agree that monetary damages will not be sufficient to remedy that detriment, or may otherwise be incapable of being ascertained, and irrevocably consent to Afterpay or any Afterpay Affiliate seeking and obtaining injunctive relief to obtain relevant documents from you and to prevent such breach, or orders of specific performance to compel compliance, in addition to any other remedies available at law or in equity.
(c) If Afterpay reasonably considers that you have breached an obligation under these Terms in relation to your identity, the information you provide to us and/or your use of your Afterpay Account and our Products, you agree, on request from Afterpay, to provide Afterpay with copies of all documents, notes or communications in relation to such alleged breach.
(d) This clause 10 survives termination of these Terms.
11. Afterpay Plus - User Terms & Conditions
11.1. Afterpay Plus Terms
(a) These Afterpay Plus Terms and Conditions (“Afterpay Plus Terms”) govern your Afterpay Plus subscription. In these Afterpay Plus Terms, subject to clause 11.3(c):
Original Subscription Period means each of the following:
(i) the period from the date you sign up to Afterpay Plus and ending the date prior in the next month;
(ii) the period from the same date in the next month and ending the date prior in the month following; and
(iii) each monthly period thereafter.
Amended Subscription Period means each of the following:
(i) the period from:
A). the date your suspension is lifted and ending the date prior in the next month; and
B). the same date in the next month and ending on the date prior in the month following; and
C). each monthly period thereafter; or
(ii) such other period as agreed between Afterpay and you.
Subscription Period means the Original Subscription Period or Amended Subscription Period (as applicable).
Any other defined terms contained in these Afterpay Plus Terms shall have the same meaning as given in these Terms.
(b) If you do not agree to these Afterpay Plus Terms you may not be a subscriber of Afterpay Plus or receive any of the benefits of the Afterpay Plus subscription. The Afterpay Plus Terms shall apply, if necessary, to resolve any disputes between you and Afterpay related to your participation in the Afterpay Plus subscription. Afterpay may amend these Afterpay Plus Terms at any time in accordance with clause 1.3. If you do not wish to be bound by the variation, you are free to terminate your Afterpay Plus subscription or close your Afterpay Account (or if you have outstanding amounts owing to us, deactivate and then close your Afterpay Account as described in clause 3.4), without penalty or additional fees, prior to the start of the Subscription Period in which the variation is to take effect.
(c) Afterpay Plus cannot be accessed through the Web Portal.
11.2. Eligibility
(a) In addition to the eligibility criteria outlined in clause 2.4, to become an Afterpay Plus subscriber:
(i) you must have an existing Afterpay Account in Australia for more than 90 days;
(ii) you must have made at least one successful Afterpay purchase; and
(iii)meet our credit risk assessment criteria which may change from time to time, including making consistent on-time payments.
(b) For the purposes of paying instalments of Afterpay Plus transactions, you must have a Selected Payment Method from which Automatic Payments can be taken. You do not need to have an Afterpay Card to apply for Afterpay Plus.
(c) Afterpay reserves the right to approve or deny any application for Afterpay Plus at its sole discretion.
11.3. Payment and Fees
(a) The Afterpay Plus subscription fee is $9.99/month (or an amended fee as notified by us to you in accordance with clause 1.3).
(b) Subject to paragraph (c) below, the Afterpay Plus subscription fee will be due and payable by you on the first day of each Subscription Period. You will be charged this monthly fee using the Payment Method you selected when signing up for Afterpay Plus. You can update or change your Payment Method at any time via your Afterpay Account.
You acknowledge that your Subscription Period may be adjusted if your subscription began or ends on a day not contained in a given month (e.g. if you have a monthly subscription and became a paying subscriber on January 31, your Payment Method would be billed next on February 28).
(d) You acknowledge and understand that:
(i) your Afterpay Plus subscription will automatically renew at the end of each Subscription Period for a further Subscription Period;
(ii) your selected Payment Method will be charged this monthly fee, unless cancelled by Afterpay or you; and
(iii) any renewal is non-transferable and non-refundable. This is subject to your rights to a refund and our liability to you pursuant to: your Consumer Rights (see clause 2.2); circumstances where there may be any failure to generate or add the Afterpay Plus Card to your digital wallet following your payment to us; or our breach of these Terms. It is also subject to any express rights of refund under these Afterpay Plus Terms or where Afterpay agrees otherwise to provide a refund.
(e) If you fail to make any Afterpay Plus subscription fee payment on the due date, your Afterpay Plus subscription will be suspended and you will be provided 7 days (or such longer period that we may notify on any Platform) to ensure this payment is successful. If the payment is subsequently successful within this period, your subscription will renew according to clause 11.7(c). If the period has elapsed and you have still failed to make any applicable payment, your Afterpay Plus subscription will be cancelled by Afterpay, and you will lose any associated Afterpay Plus benefits from the applicable month for which the payment relates. With respect to the Afterpay Plus Card, this will revert to an Afterpay Card that can be used for in-store purchases with Retailers who offer Afterpay, as outlined in clause 3.3.
11.4. Benefits
As an Afterpay Plus subscriber, you will receive access to the Afterpay Plus Card. The Afterpay Plus Card enables you to use Afterpay as a method for payment with merchants who accept Apple Pay, Google Pay or Samsung Pay, subject to certain merchant or product exclusions.
11.5. Pausing your Afterpay Plus subscription
(a) You may pause your Afterpay Plus subscription at any time a pause is available to you within the “My Afterpay” section of the Afterpay App. This will place a temporary hold on your access to Afterpay Plus benefits (including Afterpay Plus Card) from the next monthly payment date and you will not be charged the Afterpay Plus subscription fee for the duration of the pause. When your Afterpay Plus subscription is paused, your Afterpay Plus Card will revert to an Afterpay Card that can be used for in-store purchases with Retailers who offer Afterpay, as outlined in clause 3.3.
(b) We will display the subscription pause periods and the number of pauses available to you (if any) in the Afterpay App.
11.6. Cancelling your Afterpay Plus subscription
(b) If you cancel after you have made the initial payment to become an Afterpay Plus subscriber or where your subscription has renewed at the end of a term:
(i) subject to your Consumer Rights, circumstances where there may be any failure to generate or add the Afterpay Plus Card to your digital wallet following your payment to us, our liability to you for our breach of these Terms or as otherwise reasonably agreed between you and Afterpay, you will not be refunded any amounts paid for this Afterpay Plus subscription regardless of whether you have used any Afterpay Plus benefit during this term - this does not affect your rights to a refund or our liability to you pursuant to: your Consumer Rights; circumstances where there may be any failure to generate or add the Afterpay Plus Card to your digital wallet following your payment to us; or our breach of these Terms. It is also subject to any express rights of refund under these Afterpay Plus Terms or where Afterpay otherwise agrees to provide a refund; and
(ii) you will continue to receive the benefits of Afterpay Plus for the remainder of the applicable term, but will not have access to any such benefits for the following term. With respect to Afterpay Plus Card, you will lose the associated benefits and the card in your digital wallet will revert to an Afterpay Card that can be used for in-store purchases with Retailers who offer Afterpay, as outlined in clause 3.3 above.
(c) Afterpay may cancel your Afterpay Plus subscription for the following reasons:
(i) If your Afterpay Account is closed in accordance with these Terms for any reason;
(ii)You have failed to pay any amount when due;
(iii)Afterpay reasonably considers it necessary to do so in order to protect the integrity of our systems or the Products, prevent fraud, limit the risk of money laundering or terrorism financing arising from your use of Afterpay Plus, or otherwise protect us against any legal, regulatory or non-payment risk (whether at an Afterpay Account level, portfolio level or part of portfolio level);
(iv)Afterpay reasonably suspects, or is aware, that you are otherwise using Afterpay Plus in material breach of these Afterpay Plus Terms, these Terms or any applicable laws or regulations; or
(v) Afterpay is required or instructed to do so by a regulator, enforcement officer or court of law (including to protect the program in either of the circumstances above).
(d) If we do not provide you prior notice of cancellation, we will provide personal notice of such cancellation as soon as reasonably practicable after cancellation.
(e) Once your Afterpay Plus subscription is cancelled by Afterpay, you will lose any associated Afterpay Plus benefits. With respect to the Afterpay Plus Card, this will revert to an Afterpay Card that can be used for in-store purchases with Retailers who offer Afterpay, as outlined in clause 3.3.
(f) Once cancellation of your Afterpay Plus subscription is effected, you will not be able to apply for a new Afterpay Plus subscription for at least 12 months from the date of cancellation.
11.7. Suspending your Afterpay Plus subscription
(a) Except as otherwise specified in these Terms, Afterpay may (but is not obliged to) suspend your Afterpay Plus subscription where any circumstances giving rise to a cancellation right for Afterpay has occurred, or we reasonably believe they will occur.
(b) During any period of suspension, you will not be charged any new Afterpay Plus subscription fee.
(c) If we lift the suspension and reinstate your Afterpay Plus subscription, following the reinstatement the Afterpay Plus subscription fee will be charged for each period as set out in the table below in accordance with the applicable scenario:
| Scenario | Fee payment | Period |
|---|---|---|
|
(1) Suspension starts and ends within same Subscription Period |
Subscription fee paid for Subscription Period in which suspension commences | Each Subscription Period (i.e. no change in billing cycle) |
|
(2) Suspension starts and ends within same Subscription Period |
Subscription fee not paid for Subscription Period in which suspension commences | Each Amended Subscription Period (i.e. billing cycle adjusted) |
|
(3) Suspension ends in a subsequent Subscription Period |
- | Each Amended Subscription Period (i.e.billing cycle adjusted) |
11.8. Refund or waiver of Afterpay Plus subscription fee
(a) If during a Subscription Period:
(i) you cancel your Afterpay Plus subscription following our notice of a variation to the Afterpay Plus Terms or any other Terms, which is material and/or to your detriment;
(ii) you cancel your Afterpay Account (or request us to close your Afterpay Account once you have paid all outstanding amounts owing to us) following our notice of a variation to the Afterpay Plus Terms or any other Terms, which is material and/or to your detriment;
(iii) we close your Afterpay Account pursuant to our rights in paragraph (b) under the section titled "When we can close your Afterpay Account" in clause 3.4; or
(iv)we close your Afterpay Account or cancel your Afterpay Plus subscription under any other provision where the closure or cancellation is not as a result of your breach of these Terms or other wrongful act or omission,
we will refund to you (or waive) the amount equal to the Afterpay Plus subscription fee that you have paid (or would have paid) in advance for your final subscription period.
(b) If during a Subscription Period your subscription is suspended you will not be entitled to any refund for the remainder of that Subscription Period.
11.9. Billing Agreement and Automatic Payments
(a) You consent to, authorise and instruct Afterpay to process the Afterpay Plus subscription fee as an Automatic Payment as set out in clause 11.3.
(b) You are responsible for ensuring that you have sufficient funds available in your Payment Method to make Automatic Payments referred to in this clause 11.9. You are liable for any fees or charges imposed by your Payment Method, except to the extent that such fees or charges arise as a result of our negligence, error or system failure. If any fees or charges are imposed as a result of our negligence, 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.
12. Definitions and interpretation
12.1. Definitions
$ means Australian dollars.
AFIA means Australian Finance Industry Association Limited – www.afia.asn.au.
Afterpay, we, us or our means Afterpay Australia Pty Ltd ACN 169 342 947.
Afterpay Account means an account that Afterpay creates to uniquely identify you and to enable you to use our Products.
Afterpay Affiliate means a related body corporate or related entity of Afterpay, including one in another jurisdiction.
Afterpay App or App means our application developed specifically by Afterpay and downloadable directly to your mobile device from the App Store or Google Play, to access and manage the Products.
Afterpay Card means the Afterpay card generated using the Afterpay App (linked to the digital wallet on the device on which it is loaded) and authorised for your use to make your Afterpay purchase in-store or online (where enabled).
Afterpay Plus Terms has the meaning given in clause 11.
Automatic Payment means an automatic payment by you on a one-time or regular basis as set out in these Terms that we will automatically charge.
BNPL Code means the Code of Practice for Buy Now Pay Later Providers that is available at https://afia.asn.au/AFIA-Buy-Now-Pay-Later-Code-of-Practice.
Business Day means a day other than a Saturday, Sunday or a public holiday in Victoria, Australia.
Card means any Australian card issued by Visa or MasterCard, excluding Gift Cards and other pre-paid cards.
CCC (or Code Compliance Committee) means the independent committee established by AFIA to monitor and investigate compliance with the BNPL Code.
Code Compliant Member means a member of AFIA that has been approved as a Code Compliant Member by AFIA and is a signatory to the BNPL Code.
Consequential Loss means any loss, damage or costs incurred that is:
(a) indirect or consequential; and
(b) any loss of revenue; loss of income; loss of business; loss of profits; loss of production; loss of or damage to goodwill or credit; loss of business reputation, future reputation or publicity; loss of use; loss of interest; losses arising from claims by third parties; loss of or damage to credit rating; loss of anticipated savings and/or loss or denial of opportunity other than in respect of any such losses incurred by Afterpay directly in respect of the agreement to which these Terms apply.
Consumer Rights has the meaning given in clause 2.2.
Cross Border Transaction means an Afterpay Purchase between you and a Retailer in an overseas jurisdiction permitted by Afterpay.
Fees means the fees set out in Schedule 1 as amended from time to time in accordance with clause 1.3, including Late Fees.
First Instalment, in respect of an Order, means the first instalment payment for that Order. We calculate this as a dollar amount or percentage of the Original Order Value. Where clause 4.8 applies, the First Instalment is the Higher Upfront Payment.
Gift Card means a stored value or prepaid card which, when activated:
(a) can be used to purchase services or merchandise from suppliers;
(b) may not be redeemable for cash;
(c) may be capable of being used on multiple occasions;
(d) is marketed solely as a gift card;
(e) is not a component of another financial product;
(f) prominently displays or permits the prominent display on the card or mechanism either:(i) the expiration date; or (ii) the number of months following purchase that such card or mechanism expires (along with room to write the purchase date on such card or mechanism); and
(g) includes both open loop and closed loop pre-paid cards.
Higher Upfront Payment has the meaning given in clause 4.8.
Late Fees mean the fees set out in Schedule 1.
No Payment Upfront Feature has the meaning given in clause 4.10.
Order means a request submitted by you to us, to use an Afterpay Product to (subject to these Terms where the First Instalment is payable by you at the time of your Order) pay for goods or services offered by a Retailer (whether on the Retailer’s website or at an in-store location of the Retailer) or to pay for Third Party Goods (as is relevant).
Original Order Value means the total cost of your Order before any refunds may be applied, which may be displayed to you when you check out (whether by Afterpay, a Retailer or a Third Party Supplier).
Payment Method means any payment method accepted by Afterpay from time to time, including a Card.
Payment Schedule means, in relation to an Order, a list of payment amounts that Afterpay is entitled to receive from you, and the relevant due dates of each payment as updated from time to time. For the avoidance of doubt, the applicable timezone for all due dates provided as part of a Payment Schedule shall be the applicable timezone in Melbourne, Australia.
Platforms means our App, Website and Web Portal, and Platform means any of them.
Preferred Payment Day has the meaning given in clause 4.9.
Preferred Payment Method means the Payment Method you have chosen and nominated as the primary payment method in the App or Web Portal from time to time, which will be pre-selected when you place an Order.
Products mean the payment products and associated services offered by Afterpay from time to time.
Recurring Payment means each arrangement made between you and a Retailer or Afterpay for your Afterpay Account to be used for any recurring payments, which may also be described by a Retailer or Afterpay as subscriptions, billing agreements, pre-authorised payments, fixed recurring payments, flexible recurring payments or any reasonably similar term.
Retailer means an online or in-store merchant with which Afterpay or an Afterpay Affiliate has a merchant agreement and whose goods or services may be purchased by you using our Products.
Selected Payment Method means the Payment Method that you have selected for an Order, which you may update from time to time.
Spend Cap means a self-imposed maximum limit on the total amount that you can spend with Afterpay.
Terms means these terms and their schedule, as amended from time to time.
Third Party Goods means goods or services supplied by a Third Party Supplier that may be purchased through the App or Web Portal using the Products.
Third Party Supplier means our third party supplier of Third Party Goods.
Web Portal means the web-based application where we make certain features of our Products available to you, via www.secure-afterpay.com.au.
Website means www.afterpay.com and any other website operated by Afterpay.
you or your means the person identified when an Afterpay Account is created. If:
(a) such person does not exist, or
(b) the name or details are used by someone who is not in fact that person, or
(c) is otherwise provided dishonestly or fraudulently, then you or your means the person who clicks to accept these Terms.
12.2. Interpretation
(a) Headings contained in this document are for reference purposes only.
(b) A reference to a clause is a reference to a clause in this document, unless specified otherwise.
SCHEDULE 1
Late Payments
(1) 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.
(2) 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.
Late Fee:
Afterpay has introduced caps on Late Fees as set out below:
| If you make a request for: | Please take note: |
|---|---|
|
Access |
We will ask for information to verify your identity. We will generally provide you with access to this information within 30 days of a request. However, there may be circumstances where we may deny access to some or all of the requested information, for example where giving access would be unlawful, denying access is required or authorised under Australian law or might prejudice enforcement activity. There is no cost for making an access request, but we may charge reasonable administration costs for retrieval and providing access. |
Correction |
After receiving your request for correction, if we consider that the credit-related personal information we hold about you is inaccurate, out-of-date, incomplete, irrelevant or misleading, we will take all reasonable steps to correct this information within 30 days of your request, or a longer period if agreed with you in writing. Where necessary to resolve your correction request, we may consult with credit reporting bodies or other lenders. If we do not hold the information to be corrected, we will inform you in writing and set out your options. There is no cost for making a correction request. |
| Original Order Value | Applicable Late Fee: |
|---|---|
|
$40 or below |
|
|
Above $40 |
|
For example, a $20 Order will have a maximum of one $5 Late Fee applied, a $108 Order will have up to $27 (25% x $108) of Late Fees applied, and a $500 Order will have a maximum of $68 Late Fee applied. No additional Late Fees will be applied to payments associated with that Order above these amounts.
Other fees or charges: Nil
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Afterpay acknowledges the Australian Aboriginal and Torres Strait Islander peoples as the traditional custodians of the land, sea and waters where we live, meet and work. We pay our respects to their Elders past and present. Always was, always will be, Aboriginal Land.
