(a) If you have paid all outstanding amounts owed to us (including Late Fees) in full, you can close your Afterpay Account at any time by contacting us directly.  

 

(b) You can request that we close your Afterpay Account if we have changed these Terms under clause 1.3. If you have paid all outstanding amounts owed to us (including Late Fees) in full, we will close your Afterpay Account. If you have outstanding amounts owing to us, we will at your request, 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).

 

(c) 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.

 

When we can close your Afterpay Account

 

(a) We may immediately limit your access to our Products, suspend, deactivate or close your Afterpay Account, without prior notice to you, for the following reasons:

 

(i) 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; 

(ii) we are required to or instructed by a regulator, enforcement officer or court of law;

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

(iv) 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).

 

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. 

 

(b) Other than as set out in (a) 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.

 

Consequences of closure

 

These Terms will continue to apply to any Order accepted prior to closure (where it is immediate under (a) above or prior to notice (under (b) above) 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 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 these Terms in a material respect (including by failing to make any payment due under these Terms 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 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 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 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) When you place an Order, Afterpay will present to you a Payment Schedule in the Afterpay App and once we approve your Order, you will receive an email from us with confirmation of receipt of your Order and the 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 for any Nominated Payment Source. 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 using the Payment Method details provided by you for any Nominated Payment Source.

 

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. Such amounts may be in aggregate as agreed with you. These Automatic Payments also include any arrangements 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 or any reasonably similar term (“Recurring Payments”). You will have the option to select a preferred Nominated Payment Source when your Afterpay Account is being created. You can update or change your preferred Nominated Payment Source at any time via your Afterpay Account. However, Afterpay may seek payment by way of any of the Payment Method details provided by you for any Nominated Payment Source.

 

(b) Subject to the other clauses of these Terms, 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. Where an Automatic Payment relates to Recurring Payment amounts, you also consent to, authorise and instruct Afterpay to pay the Retailer from your Nominated Payment Source through your Afterpay Account. When you select Afterpay as your payment method for a Recurring Payment, you authorise Afterpay to be the default way to pay for future Recurring Payments with that Retailer until you inform the Retailer otherwise. 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 these Terms.  

 

(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 (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.

 

Cancelling goods or services from a Retailer 

 

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.

 

Cancelling your Recurring Payment with Afterpay

 

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.

 

(d) If an Automatic Payment fails (for example, if your Nominated Payment Source 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 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

 

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

 

(a) 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

 

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 clause 4.8 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 these Terms, 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. 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. 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 transaction reversal for those goods, 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 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 installments of $100, and amend your 2nd installment to $50. Your new payment schedule will become 2 payments (instead of 4) of $100 & $50. If you had already paid 2 installments of $100 each, a refund of $50 would be applied to your card and the remaining 2 installments 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 to a longer period with a Retailer or Third Party Supplier 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 or Third Party Supplier will be solely responsible for processing all product returns and associated refunds and if the Retailer or Third Party Supplier refunds any amount through your Afterpay Account, we will issue that amount to what was your Nominated Payment Source 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

 

(a) 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 for the Third Party Goods, 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 by any applicable laws or regulations, any information in relation to you or your Afterpay Account. 

 

(f) As part of our approval process and our assessment as to whether or not you have the means to fulfil your obligation to make 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 an Afterpay Card for an in-store purchase or add a new Card to your Afterpay Account. 

For online purchases:

 

(i) the pre-authorisation amount will not exceed your first instalment (plus one cent) owed to us for that purchase; and

(ii) we immediately instruct your bank to void this pre-authorisation transaction.

For in-store purchases:

(iii) the pre-authorisation amount will not exceed 25% of the value of the Afterpay Card (plus one cent); and

(iv) where an Afterpay Card is obtained but a purchase does not eventuate, we instruct the bank to void the pre-authorisation transaction upon expiry or cancellation of the Afterpay Card.

 

No funds are received by Afterpay during the pre-authorisation process.

 

(g) We cannot guarantee the time it takes for your bank to process both the pre-authorisation transaction and our voiding of that transaction.

 

7. Our Intellectual Property

 

(a) Our Website and all content on our Website 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 Website 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 our Website, or any of our content, logos, graphics, icons or other content published on our Website or in our printed media.

 

8. Complaints and disputes

 

8.1 Disputes between you and a Retailer

 

(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 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 Disputes between you and us

 

(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 dispute or submit a complaint to us, you should do so by contacting us using the details listed below. Disputes should be raised with us as soon as possible.

 

Email: info@afterpay.com.au

 

Mail: GPO Box 2269, Melbourne, VIC 3001, Australia

 

(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 dispute 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. 

 

Email: info@afca.org.au

 

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 CCC-BNPL@afia.asn.au.

 

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. You agree to receive all communications from us in electronic form.

 

(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 after the day on which it is sent, unless we receive notification that delivery has failed.

 

(d) You consent to us using the contact details you have provided to us to:

 

(i) contact you on an ongoing basis for marketing purposes whether by email, SMS, 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

 

(a) Notices

 

Except as stated otherwise in these Terms, notices to us can be given in writing and sent by post or email to:

 

Afterpay, GPO Box 2269 Melbourne, VIC 3001, Australia;

 

Email: info@afterpay.com.au

 

10. General

 

10.1 System Outages

 

(a) Access to our Products or our Websites 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, Afterpay will not be liable for any loss or damage which you may incur as a result of our Products or our Website being unavailable.

 

10.2 Governing Law and Jurisdiction

 

(a) These Terms are governed by the law in force in New South Wales, Australia. 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) Our liability to you when statutory guarantees or implied warranties apply

 

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 

 

(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) We are not 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. 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) We are not 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 related companies of Afterpay 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 3.2(e) of these Terms) that is in substance material, would cause significant detriment to Afterpay and its related bodies corporate. 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 of its related bodies corporate 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.

 

No Payment Up Front - User Terms & Conditions

 

If as at 31 January 2024 you were in the Platinum or Mint tier as part of Afterpay Pulse Rewards, the following applies:

• if you were opted in to the no payment up front feature, the no payment up front feature under these Terms of Service will be activated and use of it will be governed by these Terms of Service; 
• if you did not activate the no payment up front feature, it will remain deactivated but you will still be activate the no payment up front feature within the Afterpay app. Any use of the no payment up front feature will be governed by these Terms of Service.

 

When the no payment up front feature is activated, you will receive a success message in the Afterpay app that you have nothing to pay at the time you complete your eligible order (“no payment up front feature”). 

 

If you use the no payment up front feature, the first payment for an eligible order will be taken 2 weeks from the date of your order with your Afterpay Account. 

 

Eligible orders are:

• orders where your Afterpay Account is accepted as a form of payment by a merchant;
• orders less than $500 including any taxes, shipping and other charges; and
• not an order of gift cards using your Afterpay Account.

 

If you have access to the no payment up front feature and then subsequently make 2 or more late payments or otherwise fail to make 2 or more on-time payments (unless solely due to our error), you will lose access to the no payment up front feature for a period of 6 months from the date the relevant late or missed payment occurred.

 

If you wish to disable the no payment up front feature, you can do so at any time within your ‘Payment settings’ in the Afterpay app.

 

Afterpay Plus - User Terms & Conditions

 

These Afterpay Plus Terms and Conditions (“Afterpay Plus Terms”) govern your Afterpay Plus subscription. Any defined terms contained herein shall have the same meaning as those in these Terms. 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 of these Terms. If you do not agree to any varied Afterpay Plus Terms, you may cancel your Afterpay Plus subscription in accordance with the process outlined below. Afterpay Plus cannot be accessed through the Web Portal.

 

Eligibility

 

In addition to the eligibility criteria outlined in clause 2.4 above, to be an Afterpay Plus subscriber:

 

• you must have an existing Afterpay Account in Australia for more than 90 days;
• you must have made at least one successful Afterpay purchase;
• you may only have a maximum of 2 late repayments in the last 180 days.

 

For the purposes of paying installments of Afterpay Plus transactions, you must have a Nominated Payment Source from which Automatic Payments can be taken. You do not need to have an Afterpay Card to apply for Afterpay Plus.

 

Afterpay reserves the right to approve or deny any application for Afterpay Plus at its sole discretion. If your Afterpay Account is closed in accordance with these Terms for any reason, your Afterpay Plus subscription will also be terminated, and any consequences of cancelling your Afterpay Plus subscription will apply (see “Cancelling your Afterpay Plus subscription” below).  

 

Payment and Fees

 

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 of these Terms). 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 of these Terms), without penalty or additional fees, prior to the renewal subscription period in which the variation is to take effect. This fee will be charged and payable by you from the date you sign up to Afterpay Plus (and on the same day, or next business day if applicable, each month) and your Afterpay Plus subscription is confirmed by Afterpay via email and in the app. 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 for your Afterpay Plus subscription at any time via your Afterpay Account.

 

You acknowledge and understand that your Afterpay Plus subscription will automatically renew at the end of each month for a further monthly term and your selected Payment Method will be charged this monthly fee, unless cancelled by Afterpay or you. 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 of these Terms); 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 the Afterpay Plus Terms or where Afterpay agrees otherwise to provide a refund. 

 

If you fail to make any payment on the due date, you will be provided 7 days to ensure this payment is successful. If the payment is subsequently successful within this period, your subscription will renew from the date you initially signed up or renewed your Afterpay Plus subscription, and not the date the payment was successfully made by you. If the 7-day 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 above.

 

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.

 

Pausing your Afterpay Plus subscription

 

You may pause your Afterpay Plus subscription at any time in accordance with these Terms 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 following monthly term. 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 above.

 

You will be able to select whether you want to pause your subscription for either 1, 2 or 3 months. Your Afterpay Plus subscription can only be paused once per 12 month period, commencing from the previous pause date.

 

Cancelling your Afterpay Plus subscription

 

You may cancel your Afterpay Plus subscription at any time within the “My Afterpay” section of the Afterpay App. To avoid any future charges for Afterpay Plus, cancellation must occur prior to the applicable renewal date. 

 

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:

 

• 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;
• 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;

 

Once you cancel your Afterpay Plus subscription, you will not be able to open a new Afterpay Plus subscription for a period of 12 months from the date of cancellation. 

 

Afterpay may also cancel your Afterpay Plus subscription for the following reasons:

 

• Afterpay reasonably considers 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 arising from your use of Afterpay Plus;
• 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
• 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).

 

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. 

 

Refund or waiver of Afterpay Plus subscription fee

 

If during a monthly Afterpay Plus subscription period:

 

• 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; 
• 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; 
• we close your Afterpay Account pursuant to our rights in paragraph (b) under the section titled "When we can close your account" in clause 3.4 of these Terms; or
• 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.

 

Billing Agreement and Automatic Payments

 

An ‘Automatic Payment’ is a payment of the Afterpay Plus subscription fee through the Payment Method you have chosen that we will automatically charge when you sign up for Afterpay Plus, and thereafter on a monthly basis. You will have the option to select a Payment Method when you sign up for Afterpay Plus. You can update or change your Payment Method at any time via your Afterpay Account.

 

Subject to the other terms set out in these Terms, you hereby expressly consent to, authorise and instruct Afterpay to deduct Automatic Payment amounts from your Payment Method when you sign up for Afterpay Plus, and on that date each month thereafter (the “Subscription Renewal Date”). You acknowledge that the timing of when your subscription is renewed may vary if your subscription began 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). 

 

You are responsible for ensuring that you have sufficient funds available with your Payment Method to make Automatic Payments on your Subscription Renewal Date. 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.

 

DEFINITIONS

 

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, and can include an Afterpay Affiliate where applicable.

 

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.

 

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.

 

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:

 

(i) indirect or consequential; and 

(ii) 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.

 

Fees means the fees set out in Schedule 1 as amended from time to time in accordance with clause 1.3, including Late Fees.

 

Cross Border Transaction means an Afterpay Purchase between you and a Retailer in an overseas jurisdiction permitted by Afterpay.

 

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.

 

Late Fees mean the fees set out in Schedule 1.

 

Nominated Payment Source has the meaning given in clause 4.2(a).

 

Order means a request submitted by you to us, to use an Afterpay Product to 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 available through our Websites.

 

Original Order Value means the total cost of your Order displayed to you by Afterpay in the Afterpay payment window (before any refunds may be applied).

 

Payment Method means any payment method accepted by Afterpay from time to time.

 

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.

 

Products mean the payment products and associated services offered by Afterpay from time to time.

 

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.

 

Terms means these terms and their schedule, together with any policies and documents incorporated by reference.

 

Third Party Goods means goods or services supplied by a Third Party Supplier that may be purchased through our Websites using the Products.

 

Third Party Supplier means our third party supplier of goods and services available through our Websites.

 

Web Portal means the web-based application where we make certain features of our Products available to you. 

 

Website means www.afterpay.com, www.secure-afterpay.com.au 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.

 

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: