Afterpay Card Account Agreement
READ THIS ENTIRE AGREEMENT CLOSELY BEFORE SIGNING. IT CONTAINS IMPORTANT DISCLOSURES AND THE TERMS OF YOUR AFTERPAY CARD ACCOUNT AND INSTALLMENT AGREEMENTS ORIGINATED IN CONNECTION WITH YOUR ACCOUNT.
SECTION 9 REQUIRES MOST CLAIMS TO BE ARBITRATED AND FORBIDS MOST CLASS ACTIONS UNLESS YOU EXERCISE YOUR RIGHT TO REJECT ARBITRATION UNDER SECTION 9 BY MAIL OR EMAIL (WE MUST RECEIVE YOUR REJECTION WITHIN 30 DAYS AFTER YOUR LOAN AGREEMENT DATE).
This Afterpay Card Account Agreement (“Afterpay Card Agreement”) governs your use of an Afterpay Account number (“Account”) to request credit from us from time to time through a mobile wallet.
Use of the words “you” and “your” throughout this Account Agreement refer to the Account holder listed above, and the words “we,” “us,” and “our” refer to the Originator listed above or its assignees.
1. Nature of Account
When you execute this Account Agreement, you authorize us to open an Afterpay Virtual Card Account for you. The Account itself is not an extension of credit, but allows you to request credit from us from time to time.
2. Access to Account
Once your Afterpay Virtual Card Account is opened, we will provide you an Account number that can be used to request credit from us by: (i) loading the Account into a third-party mobile wallet application; and (ii) using the third-party mobile wallet application at the point of sale with a merchant. We will not issue or arrange for the issuance of any physical “credit card” to access your Account, nor will you be able to make purchases from a merchant at the point of sale directly through our website or mobile application.
3. Effect of Using Account at Point of Sale
Submission of your Afterpay Virtual Card Account number to a merchant through a third-party mobile wallet at the point of sale results in a request for credit from us. We will review your request for credit and may choose to approve or deny the request.
If the request is approved, your transaction will process successfully and your use of the Afterpay Virtual Card will constitute your electronic signature indicating your acceptance of, and agreement to be contractually bound by, an Afterpay Installment Agreement bearing the specific terms of the approved transaction. The form of Installment Agreement currently in effect is attached to this Account Agreement as Exhibit A. The form may be modified from time to time in accordance with Section 5, below and a current version of the Installment Agreement will be available within the Afterpay App. Your use of the Afterpay Virtual Card to request credit will be deemed a request for credit under the terms of the Afterpay Installment Agreement in effect at the time of use and an electronic signature on such agreement. Prior to using the Afterpay Virtual Card, you agree to review the Installment Agreement and provide your electronic signature to the Agreement by using the card at a compatible point of sale reader. If you have authorized us to process recurring payments to one or more payment methods of your choice saved to your Afterpay Account, your use of the Afterpay Virtual Card will also be electronic authorization for us to process recurring payments to such payment methods for credit extended as a result of such request. You are not required, however, to have authorized recurring payments using a debit card or other electronic fund transfer method as a condition of obtaining credit from Afterpay using the Afterpay Virtual Card or otherwise.
If the request is denied, your transaction will not process successfully and we will not extend credit to you with respect to your purchase. At the merchant’s discretion, you may be able to resubmit other forms of payment to complete your transaction.
4. Credit Obtained Using Account
If credit is extended under an Afterpay Installment Agreement as a result of your use of an Afterpay Virtual Card, such credit will be governed by the Afterpay Installment Agreement you execute by using the card. In general, such credit will involve a down payment and three payments deferred in two-week intervals. Each payment will be in an amount substantially equal to 25% of the overall amount of your purchase with the relevant merchant. The specific Installment Agreement governing each extension of credit you obtain using an Afterpay Virtual Card will contain additional information regarding issues such as late fees and consequences of delinquency or default.
All requests for credit under your Afterpay Virtual Card Account will be reviewed and underwritten separately. Opening an Account or obtaining any particular extension of credit does not guarantee that we will approve any subsequent request for credit. We may display to you a “Maximum Purchase Limit” for Afterpay transactions. Any such limit represents the maximum amount that Afterpay normally will permit you to be obligated for across all Afterpay products at once. It is not a “credit limit” to which you have guaranteed access as you pay down other Afterpay Installment Agreements or obligations, however.
5. Change of Terms
To the extent permitted by Applicable Law, we may change the terms of this Afterpay Virtual Card Account or any Installment Agreement or other credit that may be obtained through use of the Afterpay Virtual Card Account by providing you reasonable advance notice. Changes to the Installment Agreements you request and execute through use of your Afterpay Virtual Card will be made available at https://www.afterpay.com/en-US/card-agreement or through your Afterpay Account.
6.Transfers or Assignments of Account(s)
We may transfer, assign or sell this Account Agreement, and any rights under this Account Agreement, to a third party without your consent.
7.Complaints
If you have a complaint with us arising out of or related to this Account Agreement or any Installment Agreement originated pursuant to this Account Agreement, you may contact us via the Help Icon in My Afterpay in the Afterpay mobile app or at help.afterpay.com. If you have a complaint arising out of the delivery or quality of the goods you have purchased using your Afterpay Virtual Card, you should contact the merchant using the details posted on the retailer’s website. If you wish to submit a general complaint to us, you should do so by contacting us via the Help Icon in My Afterpay in the Afterpay mobile app or at help.afterpay.com. We may request additional documentation from you to assist us in resolving any complaints, and you must provide all reasonable assistance to us to facilitate us in resolving all complaints.
8.What To Do If You Find a Mistake On Your Statement
If you think there is an error on your statement, or if you have questions about your Afterpay account, you can:
Contact us via the Help Icon in My Afterpay in the Afterpay mobile app or at help.afterpay.com
You must contact us within 60 days after the error appeared on your statement. In order for us to investigate your claim, you will need to provide:
- Account information: Your name and account number.
- Dollar Amount: The dollar amount of the suspected error.
- Description of Problem: If you think there is an error on your bill, describe what you believe is wrong and why you believe it is a mistake.
While we investigate whether or not there has been an error, the following are true:
- We cannot try to collect the amount in question, or report you as delinquent on that amount.
- The charge in question may remain on your statement, and we may continue to charge you interest on that amount. But, if we determine that we made a mistake, you will not have to pay the amount in question or any interest or other fees related to that amount.
- While you do not have to pay the amount in question, you are responsible for the remainder of your balance.
- We can apply any unpaid amount against your credit limit.
Your Rights If You Are Dissatisfied With Your Afterpay Purchases
If you are dissatisfied with the goods or services that you have purchased with Afterpay and you have tried in good faith to correct the problem with the merchant, you may have the right not to pay the remaining amount due on the purchase.
To use this right, all of the following must be true:
- The purchase must have been made in your home state or within 100 miles of your current mailing address, and the purchase price must have been more than $50. (Note: Neither of these is necessary if your purchase was based on an advertisement we mailed to you, or if we own the company that sold you the goods or services.)
- You must have used Afterpay for the purchase. Purchases made with cash advances from an ATM or with a check that accesses your credit card account do not qualify.
- You must not yet have fully paid for the purchase.
If all of the criteria are met and you are still dissatisfied with the purchase, contact us in writing or electronically as described above in the section called "What To Do If You Find a Mistake On Your Statement."
While we investigate, the same rules apply to the disputed amount as discussed above. After we finish our investigation, we will tell you our decision. At that point, if we think you owe an amount and you do not pay we may report you as delinquent.
9.Arbitration Agreement
a) To expedite resolution and to minimize the cost of any claims and disputes arising out of or relating to this Account Agreement or any Installment Agreement originated pursuant to this Account Agreement (“Dispute(s)”), you and we agree to first attempt to negotiate any Dispute (except those Disputes expressly excluded below) informally for at least thirty (30) days before initiating any arbitration or court proceeding. Such informal negotiations will commence upon receipt of a written notice (each, a “Notice”). Your address for such Notices is the email address you have provided in your Afterpay Account. Our address for such Notices is: Afterpay US Services, LLC, 1955 Broadway, Suite 204, Oakland, CA 94612. Attention: Legal, or by email to [email protected]. Any Notice from you must include your name, pertinent Account information, a brief description of the Dispute, and your contact information, so that we may evaluate the Dispute and attempt to informally resolve the Dispute. Any Notice from us will include pertinent Account information, a brief description of the Dispute, and our contact information, so that you may evaluate the Dispute and attempt to informally resolve the Dispute. If the informal negotiations are successful, no further action is necessary.
b) IF THE PARTIES ARE UNABLE TO RESOLVE A DISPUTE THROUGH INFORMAL NEGOTIATIONS, AFTER 30 DAYS FROM THE DATE OF THE FIRST NOTICE, THE PARTIES AGREE THAT ALL DISPUTES SHALL BE RESOLVED BY BINDING ARBITRATION ON AN INDIVIDUAL BASIS. THE ARBITRATOR SHALL ALSO DECIDE ANY ISSUES RELATING TO THE MAKING, VALIDITY, ENFORCEMENT, OR SCOPE OF THIS ARBITRATION AGREEMENT, ARBITRABILITY, DEFENSES TO ARBITRATION INCLUDING UNCONSCIONABILITY, OR THE VALIDITY OF THE JURY TRIAL, CLASS ACTION OR REPRESENTATIVE ACTION WAIVERS (COLLECTIVELY, “ARBITRABILITY” ISSUES). YOU HEREBY WAIVE ANY CONSTITUTIONAL AND STATUTORY RIGHTS TO GO TO COURT AND HAVE A TRIAL IN FRONT OF A JURY. FURTHER, UNLESS YOU OPT OUT OF ARBITRATION, YOU ALSO AGREE TO WAIVE ANY RIGHT TO BRING OR PARTICIPATE IN A CLASS OR REPRESENTATIVE ACTION IN COURT OR IN ARBITRATION.
c) The arbitration will be commenced and conducted in San Francisco County, California under the Commercial Arbitration Rules (the “AAA Rules”) of the American Arbitration Association (“AAA”) and, where appropriate, the AAA’s Supplementary Procedures for Consumer Related Disputes (“AAA Consumer Rules”), both of which are available at the AAA website www.adr.org. Your arbitration fees and your share of arbitrator compensation will be governed by the AAA Rules (and, where appropriate, limited by the AAA Consumer Rules). If such costs are determined by the arbitrator to be excessive, we will pay all arbitration fees and expenses. The arbitration may be conducted in person, through the submission of documents, by phone or online. The arbitrator will make a decision in writing, but need not provide a statement of reasons unless requested by a party. The arbitrator must follow applicable law, and any award may be challenged if the arbitrator fails to do so.
d) The parties agree that the following Disputes are not subject to the above provisions concerning informal negotiations and binding arbitration: (1) any suit to compel arbitration, stay proceeding pending arbitration or to confirm, modify, vacate or enter judgment on the award entered by the arbitrator; (2) any suit to seek temporary injunctive relief that will remain in place only until an arbitrator can determine whether the relief should be continued, modified or removed; or (3) any claim related to actual or threatened infringement, misappropriation or violation of a party’s copyrights, trademarks, trade secrets, patents or other intellectual property rights. Aforementioned Disputes shall be brought in San Francisco County, California unless the parties agree otherwise. In addition, either party may assert claims, if they qualify, in small claims court in any United States county where you live or work.
e) You agree that this agreement to arbitrate may be enforced by us or our affiliates, subsidiaries, or parents, and each of their officers, directors, employees, and agents. This arbitration agreement is made pursuant to a transaction involving interstate commerce. The Federal Arbitration Act (9 U.S.C. §§1-16) (the “FAA”) shall govern this agreement to arbitrate including all arbitrability issues. No state law respecting arbitrability issues shall govern this agreement to arbitrate. Subject to and without limiting the foregoing, federal law shall apply to all other issues that arise under federal law and applicable state law as set forth in Section 10 below shall apply to all other issues that arise under state law (without reference to a state’s choice of law rules). YOU MAY OPT OUT OF ARBITRATION BY SENDING US WRITTEN NOTICE WITHIN 30 DAYS OF SIGNING THIS AGREEMENT STATING THAT YOU WISH TO “OPT OUT OF THE AGREEMENT TO ARBITRATE DISPUTES.” THE OPT-OUT NOTICE SHOULD BE SENT TO THE FOLLOWING ADDRESS: Afterpay US Services, LLC, 1955 Broadway, Suite 204, Oakland, CA 94612, Attention: Legal or by electronic mail at [email protected], Attention: Legal, and include (i) your Afterpay Account identification, (ii) your name, (iii) your address, (iv) your telephone number, (v) your email address and (vi) a clear statement indicating that you do not wish to resolve claims through arbitration. If you do not opt out, but any part or parts of your agreement to arbitrate are unenforceable then we and you agree that such specific part or parts shall be of no force or effect and shall be severed, but the remainder of this agreement to arbitrate shall continue in full force and effect. If, however, the entire agreement to arbitrate or your waiver of the right to participate in class, representative or to arbitrate injunctive relief claims is unenforceable then the agreement to arbitrate shall be of no force or effect.
f) CALIFORNIA RESIDENTS IF YOU RESIDE IN CALIFORNIA AND YOU OPT-OUT OF ARBITRATION, WE AND YOU AGREE THAT ANY DISPUTES WILL BE RESOLVED IN THE SUPERIOR COURT FOR THE COUNTY OF SAN FRANCISCO BY JUDICIAL REFERENCE PURSUANT TO THE CALIFORNIA CODE OF CIVIL PROCEDURE (“CCP”), § 638(a). YOU ACKNOWLEDGE AND AGREE THAT IN ANY SUCH JUDICIAL REFERENCE ACTION, ANY DISPUTE WILL BE HEARD BY A REFEREE AND NOT BY A SUPERIOR COURT JUDGE AND JURY AND HEREBY WAIVE YOUR CONSTITUTIONAL AND STATUTORY RIGHTS TO HAVE A TRIAL IN FRONT OF A JUDGE AND JURY. The Referee shall be appointed pursuant to CCP § 640 in the absence of agreement on the selection. Upon request, we will pay your portion of the fees and expenses of the Referee.
NOTWITHSTANDING ANYTHING TO THE CONTRARY HEREIN, IF YOU RESIDE IN CALIFORNIA AND YOU DO NOT OPT-OUT OF ARBITRATION, YOU MAY SEEK PUBLIC INJUNCTIVE RELIEF IN ARBITRATION TO THE EXTENT PERMITTED BY APPLICABLE LAW. Alternatively, if your Dispute involves a claim for public injunctive relief under California law, you may bring that claim in court. If you bring such claim in court, you further agree that we may treat such a claim as a Dispute within the meaning of the arbitration agreement set forth in this Section 9, and that we would then have the right to demand arbitration, and if you refuse such demand, to move to enforce arbitration in accordance with the terms of the foregoing arbitration agreement pursuant to the FAA. If we lose our motion to compel arbitration, you agree to stay your claim in court for public injunctive relief pending (1) exhaustion of our right to appeal in court from the ruling against us, and (2) completion of arbitration of all other Disputes. If we win our motion to compel arbitration, your claims for injunctive relief will be decided in arbitration in accordance with the terms of the foregoing arbitration agreement, inclusive of the requirement that the arbitration may award injunctive relief only as is necessary to remedy your own alleged injury or to prevent future injury to you alone.
10.Applicable Law and Jurisdiction
Except as expressly provided in Section 9 above, this Account Agreement and any Installment Agreement originated pursuant to this Account Agreement shall be governed by, and will be construed under, the laws of the state listed for the borrower above (as may be updated from time to time to reflect the borrower’s state of residence at the time of origination of any individual Installment Agreement originated pursuant to this Account Agreement) without regard to choice of law principles.
11.No Warranties; Limitation of Liability
EXCEPT AS EXPRESSLY SET FORTH IN THIS ACCOUNT AGREEMENT OR, IN ANY INSTALLMENT AGREEMENT ORIGINATED PURSUANT TO THIS ACCOUNT AGREEMENT WITH RESPECT TO THE EXTENSION OF CREDIT OBTAINED UNDER SUCH INSTALLMENT AGREEMENT, WE MAKE NO REPRESENTATIONS OR WARRANTIES TO YOU, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. IN NO EVENT SHALL WE BE LIABLE TO YOU FOR ANY LOST PROFITS OR SPECIAL, EXEMPLARY, CONSEQUENTIAL OR PUNITIVE DAMAGES, EVEN IF INFORMED OF THE POSSIBILITY OF SUCH DAMAGES. FURTHERMORE, WE MAKE NO REPRESENTATION OR WARRANTY TO YOU REGARDING THE EFFECT THAT THE AGREEMENT MAY HAVE UPON YOUR FOREIGN, FEDERAL, STATE OR LOCAL TAX LIABILITY. You agree that if any lawsuit or court proceeding is permitted under this Account Agreement or any Installment Agreement originated pursuant to this Account Agreement, the aggregate liability of us, our subsidiaries, partners, and affiliates, and Afterpay US, Inc., its subsidiaries, partners, and affiliates, to you for all claims arising out of or related to this Agreement or your use or inability to use your Afterpay Account will not (other than as may be required by applicable law in cases involving personal injury) exceed the greater of: (a) the amount of any affected order(s) giving rise to such damages, or (b) the amount of five hundred U.S. dollars ($500.00). These limitations will apply even if the above stated remedy fails of its essential purpose.
12.Express Written Consent to Receive Short Message Service (“SMS”) Communications & Email Communications and Marketing
a) Notwithstanding any current or prior election to opt in or opt out of receiving telemarketing calls or SMS messages (including text messages) from us, our agents, representatives, affiliates, or anyone calling on our behalf, you expressly consent to be contacted by us, our agents, representatives, affiliates, or anyone calling on our behalf for any and all purposes arising out of or relating to this Account Agreement or any Installment Agreement originated pursuant to this Account Agreement, at any telephone number, or physical or electronic address you provide or at which you may be reached. You agree we may contact you at any time of day and in any way, including SMS and text messages, emails. mobile app notifications, calls using pre-recorded messages or artificial voice, and calls and messages delivered using auto telephone dialing system or an automatic texting system. Automated messages may be played when the telephone is answered, whether by you or someone else. In the event that an agent or representative calls, he or she may also leave a message on your answering machine, voice mail, or send one via text. You also expressly consent to the receipt of electronic communications from the merchant, Afterpay or any third party, that is engaged by Afterpay to collect any amount owed under this Agreement.
b) You consent to receive SMS and text messages, calls and messages (including prerecorded and artificial voice and autodialed) from us, our agents, representatives, affiliates or anyone calling on our behalf at the specific number(s) you have provided to us, or numbers we can reasonably associate with your Account (through skip trace, caller ID capture or other means), with information or questions about your application, this Account Agreement, any Installment Agreement originated pursuant to this Account Agreement, and/or your Afterpay Account. You certify, warrant and represent that the telephone numbers that you have provided to us are your contact numbers. You represent that you are permitted to receive calls at each of the telephone numbers you have provided to us. You agree to promptly alert us whenever you stop using a particular telephone number.
c) By signing this Account Agreement, you are providing express written consent to receive SMS and text messages to each telephone number provided by you to us regarding this Account Agreement, any Installment Agreement originated pursuant to this Account Agreement, and/or your Afterpay Account. You agree that you are responsible for any message, data rates or fees that your telephone service provider charges in relation to SMS messages sent and received by you. If you have any questions regarding those rates, please contact your wireless carrier.
d) If you wish to withdraw your consent to have communications provided via SMS, you may opt-out of receiving SMS from us at any time by emailing us at [email protected]. Alternatively, you may reply HELP for help, STOP to stop (or cancel). Upon receipt of your message, we will process the request and it will be effective only after we have a reasonable period of time to process your request. If you fail to provide or if you withdraw your consent to receive SMS communications as set forth in this section, Afterpay reserves the right to restrict, deactivate or close your Account and you agree that you may be prevented from using certain features of your Afterpay Account.
e) You agree that we may send you marketing communications to the email address you have provided including but not limited to targeted offers, introduction of new features, or other special announcements. You may opt out of these marketing communications at any time by using the “unsubscribe” link within a marketing email.
13.Miscellaneous
This Agreement is effective until all amounts due under the Agreement are paid in full or otherwise cancelled or refunded AND your Afterpay Virtual Card Account has been closed. If any provision of this Account Agreement (or any portion thereof) is determined to be invalid or unenforceable, the remaining provisions of this Account Agreement shall not be affected thereby and shall be binding upon the parties and shall be enforceable, as though said invalid or unenforceable provision (or portion thereof) were not contained in this Account Agreement. This Account Agreement, including all documents incorporated by reference, constitutes and contains the entire agreement between you and us with respect to the subject matter hereof and supersede any prior or contemporaneous oral or written agreements.
14. Electronic Transactions
THIS ACCOUNT AGREEMENT IS FULLY SUBJECT TO YOUR CONSENT TO ELECTRONIC TRANSACTIONS AND DISCLOSURES PREVIOUSLY PROVIDED.
Exhibit A: Form of Installment Agreement
Afterpay In-Store Installment Agreement
Payment Schedule*
Your payments may be less if your purchase is for less than your preapproved amount.
Down Payment
Due Date
[Purchase Date]
Amount
[Down Payment Amount]
Remaining Payment Schedule
Due Date
[1st Installment Date]*
[2nd Installment Date]*
[3rd Installment Date]* (Maturity Date)
Amount
[Installment Amount]
[Installment Amount]
[Installment Amount]
Total
$[Transaction Amount]* Paid to your selected merchant
Finance Charge (the dollar amount the credit will cost you): $0
Annual Percentage Rate (the cost of your credit as a yearly rate): 0%
Amount Financed (borrowed); and Total of Payments (amount you will pay excl. down payment): $[Transaction Amount - Down Payment]
Applicable Fees: A late fee, as permissible under applicable state law, with respect to any missed payment amount will be assessed to you if all or any portion of any required payment is not received by us within 10 days after its scheduled due date (subject to any additional grace period required by applicable law).
* Means an estimate. The dates listed for the down payment and the remaining payments and the payment amounts in the above Payment Schedule are estimates only based upon the best information reasonably available at the time of your purchase, including the purchase amount shown during Afterpay checkout. Your actual down payment and payment dates may be later than the dates identified in the above Payment Schedule. Likewise, your actual down payment and payment amounts may be more or less depending on the final purchase amount confirmed by the merchant. Afterpay will deliver a Final Payment Schedule as a supplement to this Agreement when you complete your purchase with the merchant that will contain your actual down payment, payment amounts and due dates. There may be a delay between the time of your purchase and the delivery of your Final Payment Schedule and subsequent charging of the down payment to your Payment Method.
Document ID: [Installment Agreement Unique Identifier]
Installment Agreement Terms
This Afterpay Installment Agreement (“Agreement”) governs your financing of a purchase using the Afterpay Virtual Card, and includes: (i) the invoice, receipt, or other similar statement of total purchase price provided to you by the merchant in connection with the financed transaction; and (ii) the Final Payment Schedule that is sent after you complete your purchase with the merchant that will contain your actual down payment, payment amounts and due dates with respect to the financed transaction. The Final Payment Schedule will supersede and replace the Payment Schedule shown above. The merchant’s invoice, receipt, or other similar statement of total purchase price are expressly incorporated into the terms of this agreement to the extent that they address the total amount due.
Use of the words “you” and “your” throughout this Agreement refer to the borrower listed above, and the words “we,” “us,” and “our” refer to the Originator listed above or its assignees. As a condition of the disbursement of proceeds hereunder you agree to make the down payment identified above which shall be due prior to disbursement of any proceeds described below.
PROMISE TO PAY: The Agreement governs your repayment to us in connection with funds we disbursed at your direction and on your behalf through your use of the Afterpay Virtual Card to acquire certain merchandise or services that you have selected from a merchant. You promise to pay the total purchase price (inclusive of all taxes and fees) indicated on your merchant’s invoice, receipt, or other similar statement of total purchase price in connection with the transaction for which you presented your Afterpay Virtual Card for payment, plus all other charges accruing under this Agreement until paid in full.. Your total obligation will be the sum of your down payment and your remaining payments under this Agreement. Your down payment will be due immediately upon your use of the Afterpay Virtual Card and will be in an amount equal to 25% of your total purchase price (rounded to the nearest cent). Your remaining payments will be due in two-week intervals from the date of your down payment, in amounts substantially equal to 25% of the total purchase price. You understand that the actual amounts and due dates of your “Down Payment” and the payments in your “Remaining Payment Schedule” will be provided to you electronically as a supplement to this Agreement (the “Final Payment Schedule”) that will be made available to you in your Afterpay Account when you use your Afterpay Virtual Card for a financed transaction that we approve.
THERE ARE NO FINANCE CHARGES AND NO INTEREST PAYMENTS ASSOCIATED WITH THIS AGREEMENT. The issuer of your Payment Method (defined below) may charge interest or other charges in accordance with the terms and conditions of the agreement between you and your Payment Method issuer.
Please note that Section 9 of the Afterpay Card Account Agreement includes provisions that govern how claims we may have against each other are resolved. These provisions limit our liability and may require arbitration for a dispute that you assert against us. The Agreement includes important terms regarding your rights related to fees, dispute resolution and governing law.
This Agreement incorporates by reference all terms and conditions of our U.S. Terms of Service (available at: https://www.afterpay.com/terms-of-service) and U.S. Privacy Policy (available at: https://www.afterpay.com/privacy-policy) unless explicitly superseded by this Agreement. In the event of a conflict with the U.S. Terms of Service or U.S. Privacy Policy, this Agreement shall govern with respect to the subject matter of such conflicting terms.
1.Use of Proceeds and Disbursement Authorization
By electronically accepting this Agreement through use of the Afterpay Virtual Card to complete a purchase, you agree to pay the down payment amount to us, and we agree to disburse the proceeds under this Agreement to the merchant that you select by using the Afterpay Virtual Card at checkout. You promise to repay us the amount of your purchase as indicated by the merchant at checkout. Your final payment schedule including your future payment schedule will be provided to you electronically as a supplement to this Agreement (the “Final Payment Schedule”). You also agree to pay any applicable Late Fees (as defined below) you incur under this Agreement. Please be aware that by entering this Agreement you are incurring a personal obligation for goods and/or services for personal use.
If your purchase is in a foreign currency, we will convert the amount of your purchase in a foreign currency into U.S. dollars based on the conversion rate we received from a third party as of the end of the prior business day. This rate may differ from other exchange rates and may differ from the rates in effect in the wholesale markets on the date you made the purchase. If you return your purchase, we will process the return based on the currency conversion rate used to determine the purchase price.
2.Installment Payments
In connection with use of your Afterpay Virtual Card to enter into this Agreement, you will have identified your preferred method of payment, designating an eligible US-issued credit or debit card as your “Payment Method.” In addition to any required down payment, you must make three (3) payments to us (each, an “Installment Payment”) in the amounts shown in your Final Payment Schedule identified as “Remaining Payment Schedule”. You are responsible for ensuring that you have sufficient funds available to make Installment Payments on the dates specified in your Final Payment Schedule.
If you make all Installment Payments in full on their due dates, your final payment will be made on the Maturity Date identified in the Final Payment Schedule. You may prepay all amounts due under this Agreement in whole or in part at any time without a penalty and may make any payment early, in whole or in part, without penalty or premium at any time.
If you would like to change your Payment Method or make alternate payment arrangements, you are able to do so online or if the specific feature is not available, or if you have further issues or questions, you may contact us at [email protected]. The Payment Method you select and any necessary authorization will not affect your obligation to pay when due all amounts payable under this Agreement. The foregoing authorization is in addition to, and not in limitation of, any rights of setoff we may have under applicable law.
3.Late Payments
There are no finance charges or interest associated with this Agreement. However, if an Installment Payment is not paid on or prior to the due date specified in the Final Payment Schedule and remains unpaid for a period of ten (10) days after the due date (or such additional grace period required by applicable law), the Late Fee indicated above in the Payment Schedule (if any) will be imposed, up to a maximum of $8.00 and which in no event will exceed the maximum late fee permitted by applicable state law. Additionally, the aggregate sum of Late Fees associated with a particular order will not exceed 25% of the order value at the time of purchase. Thus, lower value purchases may be subject to fewer or lesser Late Fees in the event of late payment.
4.Delinquency and Default
If you fail to make any payment when due in the manner required by this Agreement, you will be delinquent. If you are delinquent, have filed or have instituted against you bankruptcy or insolvency proceedings or are in breach any other material term of this Agreement, we may, to the extent and at the time permitted by applicable law, deem you in default and accelerate the maturity of this Agreement and all payments due hereunder. If you fail to make a payment required under this Agreement or any other Afterpay products, or if your use of the Account is in breach of the Afterpay Terms of Service, we reserve the right to limit, restrict, suspend or terminate your access to your Afterpay Account.
5.Approval and Cancellation
When you use your Afterpay Virtual Card to make a purchase, you are requesting credit from us and submitting an application for our review. All applications for credit are subject to our approval. We may, in our sole discretion, not approve your application, or cancel an approved application before the goods or services are delivered or supplied. If we cancel your previously approved application:
a)We will apply a full refund of any amounts you have paid (excluding any chargebacks or fees incurred in relation to your payment), and will cancel any future payments related to that order;
b)The merchant providing the merchandise will not be obliged to deliver the goods (or provide any related services); and
c)You will have no obligation to make any further payments to us, or continue any other ongoing relationship with us, with respect to your application.
You agree that we may make any inquiries to assess your eligibility to use the services including of third parties. This includes consent for Afterpay to obtain one or more credit reports or other consumer reports from consumer reporting agencies for use in determining my eligibility for an Afterpay loan, reviewing and servicing my Afterpay Account, marketing Afterpay products or services to me, and for other permissible purposes under the Fair Credit Reporting Act.
6.Pre-Authorizations
As part of our approval process and our assessment as to whether or not you have the ability to fulfill your obligation to pay when due all amounts owed under this Agreement, we reserve the right to conduct a pre-authorization of your Payment Method. This may involve placing funds in the Account linked to your Payment Method on hold each time you make an online purchase, obtain authorization for an in-store purchase or add a Payment Method to your Afterpay Account. For online purchases, we immediately instruct your bank to void this pre-authorization transaction. For in-store, where an authorization is obtained but there is no completed purchase, we instruct the bank to void the pre-authorization if the authorization is cancelled or expires. No funds are received by Afterpay during this process. We cannot guarantee the time it takes for your bank to process the void action and make your funds available.
PLEASE NOTE: In most circumstances, relevant banks will void a pre-authorization transaction within a few hours of the pre-authorization transaction being conducted by Afterpay. However, in some observed instances, banks have taken up to fourteen (14) days to finalize this process. Unfortunately, we do not have any control or influence over the timing of your bank’s ability to finalize this process and Afterpay makes no representations on this subject matter.
For online purchases:
(i)the pre-authorization amount will not exceed your first Installment Payment (plus one cent) owed to us for that purchase; and
(ii)we immediately instruct your bank to void this pre-authorization transaction.
For in-store purchases:
(i)the pre-authorization amount will not exceed 25% of the value of the authorization (plus one cent); and
(ii)where an authorization is obtained but there is no completed purchase, we instruct the bank to void the pre-authorization transaction.
No funds are received by Afterpay during the pre-authorization process.
7.Merchandise Refunds and Other Adjustments Subsequent to Disbursement of Funds
Processing refunds and any merchandise exchanges or modifications are subject to the discretion of the merchant to whom you directed us to disburse funds under this Agreement. Afterpay is unable to override merchant return, refund and exchange policies. If you decide to return goods acquired using funds we have disbursed under this Agreement and request a refund, or a return and refund are otherwise accepted or permitted by law, you will remain obligated to make all payments still outstanding under this Agreement when due. However, for any amounts that a merchant returns directly to us in connection with such returned or exchanged merchandise, we shall retain such amounts and reflect an equivalent credit to reduce your outstanding obligation to us under this Agreement or, where applicable, refund to you any amounts already paid. In the event of a partial refund, the credit will be applied against your last payment first. If, for any reason, we are unable to apply a refund to the order to which it corresponds, we may in our discretion apply the refund to any method of payment you have on file with us. You will remain obligated to make payments still outstanding when due.
8.Transfers or Assignments
We may transfer, assign or sell this Agreement, and any rights under this Agreement, to a third party without your consent. You agree that we may appoint third party collections agencies to collect any amounts owing to us under this Agreement without your consent. You hereby waive demand, notice of non-payment, protest and all other notices or demands whatsoever, and hereby consent that without notice to and without releasing the liability of any party, the obligations evidenced by this Agreement may from time to time, in whole or part, be renewed, extended, modified, accelerated, compromised, settled, canceled or released by us.
9.Express Written Consent to Receive Short Message Service (“SMS”) Communications & Email Communications and Marketing
a) Notwithstanding any current or prior election to opt in or opt out of receiving telemarketing calls or SMS messages (including text messages) from us, our agents, representatives, affiliates, or anyone calling on our behalf, you expressly consent to be contacted by us, our agents, representatives, affiliates, or anyone calling on our behalf for any and all purposes arising out of or relating to this Agreement, at any telephone number, or physical or electronic address you provide or at which you may be reached. You agree we may contact you at any time of day and in any way, including SMS and text messages, emails, mobile app notifications, calls using prerecorded messages or artificial voice, and calls and messages delivered using auto telephone dialing system or an automatic texting system. Automated messages may be played when the telephone is answered, whether by you or someone else. In the event that an agent or representative calls, he or she may also leave a message on your answering machine, voice mail, or send one via text. You also expressly consent to the receipt of electronic communications from the merchant, Afterpay or any third party, that is engaged by Afterpay to collect any amount owed under this Agreement.
b) You consent to receive SMS and text messages, calls and messages (including prerecorded and artificial voice and autodialed) from us, our agents, representatives, affiliates or anyone calling on our behalf at the specific number(s) you have provided to us, or numbers we can reasonably associate with your Account (through skip trace, caller ID capture or other means), with information or questions about your application, this Agreement and/or your Account. You certify, warrant and represent that the telephone numbers that you have provided to us are your contact numbers. You represent that you are permitted to receive calls at each of the telephone numbers you have provided to us. You agree to promptly alert us whenever you stop using a particular telephone number.
c) By signing this Agreement, you are providing express written consent to receive SMS and text messages to each telephone number provided by you to us regarding this Agreement and your Afterpay Account You agree that you are responsible for any message, data rates or fees that your telephone service provider charges in relation to SMS messages sent and received by you. If you have any questions regarding those rates, please contact your wireless carrier.
d) If you wish to withdraw your consent to have communications provided via SMS, you may opt-out of receiving SMS from us at any time by emailing us at [email protected]. Alternatively, you may reply HELP for help, STOP to stop (or cancel). Upon receipt of your message, we will process the request and it will be effective only after we have a reasonable period of time to process your request. If you fail to provide or if you withdraw your consent to receive SMS communications as set forth in this section, Afterpay reserves the right to restrict, deactivate or close your Account and you agree that you may be prevented from using certain features of your Afterpay Account.
e) You agree that we may send you marketing communications to the email address you have provided including but not limited to targeted offers, introduction of new features, or other special announcements. You may opt out of these marketing communications at any time by using the “unsubscribe” link within a marketing email.
10.Miscellaneous
This Agreement is effective until all amounts due under the Agreement are paid in full or otherwise cancelled or refunded. If any provision of this Agreement (or any portion thereof) is determined to be invalid or unenforceable, the remaining provisions of this Agreement shall not be affected thereby and shall be binding upon the parties and shall be enforceable, as though said invalid or unenforceable provision (or portion thereof) were not contained in this Agreement. This Agreement, including all documents incorporated by reference, constitutes and contains the entire agreement between you and us with respect to the subject matter hereof and supersede any prior or contemporaneous oral or written agreements.
11. Electronic Transactions
THIS AGREEMENT IS FULLY SUBJECT TO YOUR CONSENT TO ELECTRONIC TRANSACTIONS AND DISCLOSURES PREVIOUSLY PROVIDED.
12.State Specific Disclosures
For California customers:
This agreement is made pursuant to a California Finance Lenders Law license, #60DFPI-99995. FOR INFORMATION CONTACT THE DEPARTMENT OF FINANCIAL PROTECTION AND INNOVATION, STATE OF CALIFORNIA. As required by California law, Borrower is hereby notified that a negative credit report reflecting on Borrower’s credit record may be submitted to a credit reporting agency if Borrower fails to fulfill the terms of Borrower’s credit obligations. A married applicant may apply for a separate Account. If Originator takes any adverse action as defined by § 1785.3 of the California Civil Code and the adverse action is based, in whole or in part, on any information contained in a consumer credit report, Borrower has the right to obtain within 60 days a free copy of Borrower’s consumer credit report from the consumer reporting agency who furnished the consumer credit report and from any other consumer credit reporting agency that complies and maintains files on consumers on a nationwide basis. Please note that for California consumers, other than a down payment, the first payment due hereunder will not be due for a minimum of 15 days after your purchase.
For Georgia customers:
NOTICE TO CONSUMER
1.Do not sign this agreement if it contains any blank spaces.
2.You are entitled to an exact copy of all papers you signed.
3.You have the right at any time to pay in advance the full amount due under this agreement and under certain conditions to obtain a partial refund of the interest charges.
4.If credit life insurance is required, you have the right to purchase either level term life insurance or reducing term life insurance coverage.
5.You are not required to purchase noncredit insurance as a condition of obtaining this loan.
(d)The creditor shall furnish the consumer with an exact copy of the loan contract including any loan voucher, itemized statement of loan charges, and disclosure statement after the agreement has been signed. Please print this agreement if you would like an exact copy.
(e)With respect to every installment loan transaction, the creditor shall, at the time of the transaction, furnish to the consumer a written statement of the maximum number of payments required, the amount of such payments, and the exact due dates upon which each payment is due. The maximum number of payments and the amount and date of such payments need not be separately listed if the payments are stated in terms of a series of scheduled amounts.
Ga. Comp. R. & Regs. 80-14-5-.01
For Maryland customers:
This loan is made pursuant to the Credit Grantor Closed-end Credit Provisions of Title 12, Subtitle 1 of the Maryland Commercial Law Article (Md. Code Ann., Com. Law § 12-1001 et seq.).
For North Dakota customers:
NOTICE: MONEY BROKERS ARE LICENSED AND REGULATED BY THE DEPARTMENT OF FINANCIAL INSTITUTIONS, 2000 SCHAFER STREET, SUITE G, BISMARCK, NORTH DAKOTA 58501-1204. THE DEPARTMENT OF FINANCIAL INSTITUTIONS HAS NOT PASSED ON THE MERITS OF THE CONTRACT AND LICENSING DOES NOT CONSTITUTE AN APPROVAL OF THE TERMS OR OF THE BROKER'S ABILITY TO ARRANGE ANY LOAN. COMPLAINTS REGARDING THE SERVICES OF MONEY BROKERS SHOULD BE DIRECTED TO THE DEPARTMENT OF FINANCIAL INSTITUTIONS.
For Oklahoma customers:
You should refer to the relevant sections of this Agreement for information about nonpayment, default, the right to accelerate the maturity of this Agreement, prepayment and penalties.
For South Dakota customers:
If there are any improprieties in the making of this loan or in any loan practices, please refer to the South Dakota Division of Banking: South Dakota Division of Banking 1601 N. Harrison Ave, Suite 1, Pierre, South Dakota 57501; (605) 773-3421.
For Rhode Island customer:
No late fees shall apply to Rhode Island state residents.
Pursuant to RI Gen L § 19-14.2-13, every licensee who is the holder of any small loan note shall deliver to the borrower, at the time any small loan is made, a statement of the law regarding interest rate and term limitations, in plain English, showing in clear and distinct terms the amount and date of the loan and of its maturity, the nature of the security, if any, for the loan, the name and address of the borrower and of the licensee, and the agreed rate of interest. You should refer to the relevant sections of this Agreement and your Final Payment schedule for this information.
NOTE: ANY HOLDER OF THIS CONSUMER CREDIT CONTRACT IS SUBJECT TO ALL CLAIMS AND DEFENSES WHICH THE DEBTOR COULD ASSERT AGAINST THE SELLER OF GOODS OR SERVICES OBTAINED WITH THE PROCEEDS HEREOF. RECOVERY HEREUNDER BY THE DEBTOR SHALL NOT EXCEED AMOUNTS PAID BY THE DEBTOR HEREUNDER.
