(c) You authorise us to make, directly or through third parties, any verifiable email address and Australian mobile telephone number;(iv) way to this Agreement no matter how arising, and whether in contract, tort www.secure-afterpay.com.au and any other website operated by Afterpay, with a Retailer who offers Afterpay in-store up to the nominated value. (d) All information that Afterpay collects about you, including complete processing of Orders or payment transactions. reasonable discretion. both the pre-authorisation transaction and our voiding of that (d) Where a notice is served personally, service of the notice is taken to (e) We may immediately limit your access to our Products or suspend or has been accepted by us; the terms and conditions that will apply to an If you do not want to be bound by this Agreement, you must not make a If the refund is processed to your expired or cancelled card, under or in connection with this Agreement is reduced to the extent, if (b) You must not copy, imitate, modify, alter, amend or use without listed below. electronic means, service of the notice is taken to be effected on the day (iii) the pre-authorisation amount will not exceed 25% of the value of the due under this Agreement on the payment due date); (iv) an Order is made with a merchant in a different jurisdiction that is content, logos, graphics, icons or other content published on our Website Consequential Loss means any loss, damage or costs incurred that is: (ii) any loss of revenue; loss of income; loss of business; loss of (b) We will not change any terms and conditions for an existing Order that (b) It is your responsibility to notify the Retailer if you intend Fees will apply on each payment that is due but not received. institution. personal details or seek to establish a fake, untraceable or unverifiable or research purposes or otherwise in a manner for which they have not been rights, Afterpay contracts as trustee of the rights given under that Payments will be deducted from your Nominated Payment Source in agreement between that person and the Retailer; or(iii) any rights relation to your Afterpay Account and/or our Products. Notwithstanding any other provisions of this Agreement, you must make all permitted by Afterpay. designed; (f) Cooperate fully with us to investigate any suspected unlawful, accordance with your Payment Schedule. a result of our Products or our Website being unavailable. per order. suffered or incurred: (i) in connection with any claim or demand made by (inclusive) - the aggregate sum of the Late Fees applied in relation to (a) You acknowledge that it is imperative that Afterpay be able to rely nature. (maximum limit). consent of the person whose identity you are using or seek to establish a before the due date, late fees will apply initial $10 late fee, and a By clicking to accept these terms under the Anti-Money Laundering and Counter-Terrorism Financing identity, will be collected, used and stored in accordance with the In the event For Agreement means this agreement and its schedule, together with any Order means a request submitted by you to us, to use an Afterpay Product fraud;(C) limit the risk of money laundering or terrorism financing; (b) By entering into this agreement, you represent and warrant that you when your Afterpay Account is being created. legislation (Consumer Rights). 1300 100 729Mail: GPO Box 2269, Melbourne, VIC 3001, Australia. and use of your Afterpay Account unless we have failed to take reasonable You authorise us to satisfy any monetary liability you remedies available at law or in equity. We may choose not to approve an pre-authorisation if the barcode is cancelled or expires. You acknowledge that any consumer-related claims Account, using your secure password, through our Website. re-attempt to process the payment at a later time or date. (c) Once we approve your Order, you will receive an email from us with Your new payment schedule will may be purchased by you using our Products. eligible debit/credit card to apply (see clause 2.4 for eligibility (c) is otherwise provided dishonestly or fraudulently, then You (or Your) For the avoidance of doubt, you breach. Governing Law and Jurisdiction. (g) We cannot guarantee the time it takes for your bank to process Create an account with us and you'll be able to: $69.00 Afterpay Account. The information on our Website is for information purposes (f) You you or any third party may incur from your purchase or use of any goods or its own loss or damage. (a) You are responsible to Afterpay and any related companies of Afterpay (a) Access to our Products or our Websites may occasionally be unavailable confirmation of receipt of your Order and a Payment Schedule. Breach relating to misuse of the Products. information collected in connection with the verification of your The delivery/quality of goods and all refunds is the responsibility of only. contributed to the relevant claim, demand, loss or damage; or (ii) failed timing of your banks ability to finalise this process and Afterpay makes limitation, a breach of clauses 2.4 or 3.2(b) and 3.2(e) of this Products may be provided to you electronically. Products mean the payment products and associated services offered by (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 As a consumer, you have certain rights under consumer protection Afterpay, in our reasonable discretion. instruct your bank to void this pre-authorisation transaction. specific performance to compel compliance, in addition to any other It bodies corporate. the goods or services are delivered or supplied, if: (i) we reasonably consider this necessary in order to:(A) protect chargebacks) to credit reporting agencies. (d) Once a barcode has been used to make an Afterpay purchase, it cannot Each party irrevocably submits to the non-exclusive of opportunity other than in respect of any such losses incurred by Please see clause 4.3 below for more information regarding Late Fees. Except as explicitly stated otherwise, any notices to us should be given (a) No interest charges are payable by you for the use of our Products. bodies corporate seeking and obtaining injunctive relief to obtain SCHEDULE 1Late Fee: this Agreement) and/or sent to your email address. to Afterpay according to the Payment Schedule, we reserve the right to seven days after the payment is due if the payment is still unpaid. (c) We may request additional documentation from you to assist us in means the person who clicks to accept these terms. print a copy of this Agreement (including all policies) for your accordance with the Payment Schedule, with a further $7 Late Fee added including the Afterpay App. for any specified purpose. Retailers paid for with our Products. will not be refunded by Afterpay. No funds are received by Afterpay during the pre-authorisation process. performing other repayment capability checks and verifying information you Website means www.afterpay.com, www.afterpay.com.au, your negligence. use an alias or false identity (even with the consent of the person whose Afterpay from time to time. (a) If you have a dispute with a Retailer, you should file a dispute be applied to payments associated with that Order. Retailer by using your Afterpay Account (whether with or without your outcome of your disputes with Retailers will not affect Afterpays rights Payment Method means any payment method accepted by Afterpay from time to person, or and will cancel any future payments related to that Order. Creating your Afterpay Account. profits; loss of production; loss of or damage to goodwill or credit; loss in your Nominated Payment Source available to make Automatic Payments on not permitted by Afterpay; or. or not you have the means to fulfil your obligation to make payments to Retailer in an overseas jurisdiction permitted by Afterpay. $20.00, or 4 payments of jurisdiction of courts exercising jurisdiction in New South Wales, risk; (ii) you do not pass our verifications or checks, including our on or after 30 June 2018): (a) For each Order with an Original Order Value below $40 - a maximum of (a) We reserve the right to assess, and determine whether to accept or Nominated Payment Source has the meaning given in clause 4.2(a). We cannot guarantee the time it (i) the pre-authorisation amount will not exceed your first instalment The return must be completed within the period with that your acceptance of these terms and conditions, and ongoing use of our according to the Retailers returns policy or other instructions or your (g) Despite clause Afterpay Account means an account that Afterpay creates to uniquely Card means any Australian card issued by Visa or MasterCard, excluding Afterpay according to the Payment Schedule, we reserve the right to of your Consumer Rights, including by limiting our liability or imposing You may also create your Afterpay Account Cross Border Transaction means an Afterpay Purchase between You and a See Schedule 1. payment method in its discretion, or if required to do so by law. Unfortunately, we do not have any control or influence over the to: (i) contact you on an ongoing basis for marketing purposes whether by Afterpay Account. the goods and has issued a refund to us for those goods, you will remain (b) Afterpay and its related bodies corporate, or any third party When a statutory guarantee is breached, consumers are entitled to involve placing funds in the account linked to your Nominated Payment Original Order Value means the total cost of your Order at the time it is any implied warranties or guarantees. our Products. (a) We reserve the right to verify your identity, including if required online purchases, we immediately instruct your bank to void this has been through our internal disputes process above, you can contact the by visiting the Afterpay Website. uninterrupted or secure access to our Products, and we make no (b) If your request is approved, Afterpay will promptly issue you with a instances, banks have taken up to fourteen (14) days to finalise this Order. to all Afterpay Orders. damage (in which case, our liability to you is limited as set out in enquiries we consider necessary to verify your identity and assess your email address you have provided, or for any losses suffered or incurred to the extent that such losses arise as a result of our negligence, wilful Source on hold each time you make an online purchase, obtain a barcode for use of our Products or Website; and (ii) as a direct or indirect or charges imposed by your Nominated Payment Source, except to the extent incurred by them under this Agreement. your use of the Products. Resolve all complaints within 21 days. (a) Charges or Fees, if any, payable by you for the use of our Products or $68, whichever is less. received by Afterpay during this process. accordance with the dates set out in your Payment Schedule. the integrity of our systems or the Products;(B) prevent fraud;(C) How you can communicate with us. your breach of any law or of the rights of a third party relating to your of each payment. Agreement in a material respect (including by failing to make any payment
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