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Pay It Later Terms and Conditions (Shopper/Seller)

Our application allows you, the Shopper, to buy goods and services from Merchants and Sellers, and for you to offer Buy-Now Pay-Later payment services for the sale of your goods and services to other Shoppers, as a Seller.

1. Our agreement

We encourage you to take the time to read this agreement carefully. It outlines your rights and responsibilities when using the Pay It Later website (the Site) and application (the App), (collectively, Pay It Later) conditions for us to allow access, how the application works and dispute resolution.

We recommend that you also review our privacy policy at https://payitlater.com/privacy.

2. Our Relationship

Parties 

This agreement is a contract between you (‘you’ or ‘your’) and Pay It Later Pty Ltd ABN 91 626 319 720 (‘we’, ‘us’, ‘our’); 

By creating an account, signing in to, or placing an order using Pay It Later you accept and agree to be bound by the terms of this Agreement. 

If you do not want to be bound by this Agreement, you should not place an order using Pay It Later.  

3. Our Service

Pay It Later provides a Buy-Now Pay-Later payment service to buy goods and services offered by third party retailers (Merchants) and individuals (Sellers). 

By placing an order with a Merchant and/or Seller using Pay It Later as the payment method, you provide us with an unconditional and irrevocable consent and direction to pay the Merchant and/or Seller on your behalf in exchange for your agreement to repay or pay to us the agreed amounts (including any taxes, duties or other amounts) charged by the Merchant and/or Seller in accordance with this Agreement (Transaction). 

The agreed amounts payable and the date the amounts are due, are outlined in the payment schedule provided to you in your initial email after purchasing goods or services from the Merchant and/or Seller (Payment Schedule), which also outlines any Late Fees which are applicable under clause 10.2. 

4. Disclaimer

You acknowledge that we do not have any control over, and are not responsible nor liable for the products or services purchased from a Merchant and/or Seller. We are not liable for any product or service that is not finalised, completed or delivered by the Merchant and/or Seller. As such, Pay It Later does not:

  1. Guarantee the quality, identity, suitability, reliability or availability of Pay It Later or of the products or services of any Merchant and/or Seller;
  2. Guarantee that a Merchant and/or Seller will fulfil the order made in the transaction; 
  3. Enter into a partnership, joint venture, agency or employment relationship with you or the Merchant and/or Seller;
  4. Determine if you are liable for any taxes or duties.  
  5. Pay It Later uses a third-party provider to performidentity verificationfor Users on the Pay It Later platform.

5. Notice of changes

It is your responsibility to stay up to date with changes to the Service and these Terms Of Use by reviewing them on the Website from time to time and before you use or wish to use the Service. We are not responsible or liable for any loss or damage that may arise if you fail to do so.

6. Communication method

You agree and acknowledge that we may communicate with you at our discretion by any form of direct communication for which we have recorded details for you (subject to complying with any applicable laws and these Terms Of Use) including by mail, email, SMS or App push notification.

7. Funds credited due to error or computer software bug

We reserve the right to reverse or cancel any refunds or funds credited to your Account incorrectly, or not in accordance with, or in breach of, these Terms Of Use, at any time. In particular, if monies are credited to your Account due to a human or computer error, or if monies are credited to your Account due to the accidental or deliberate exploitation of a computer-programming bug by you or by anyone else, we reserve the right to adjust or reverse the transaction without notice.

8. Credit Limit

  1. Credit Limit. Subject to these Terms and Conditions, You can make Transactions up to the Credit Limit. You can find out what the Credit Limit is via the App.
  2. Setting the Credit Limit initially. When We open an Account, We will determine the amount that is the Credit Limit
  3. We may temporarily increase your credit limit for a particular transaction with an authorised Merchant.
  4. Increasing the Credit Limit. If You make a request or if We choose to in Our discretion (acting reasonably), We may increase the Credit Limit. For clarity, where We propose to increase the Credit Limit without You making a request, Pay It Later will obtain Your approval before such Credit Limit increase becomes effective.

9. Repayments

A payment plan can be requested via our customer service when a user is unable to meet the terms of their payment schedule. You will be charged a once off Payment Plan fee of $25 per order to move your payment schedule. Maximum of one payment plan update per Pay It Later order.

10. Events of default

  1. You default under this Pay It Later Contract if:
  2. you fail to pay any amount when due;
  3. you fail to comply in a material way with any of your obligations under this Pay It Later agreement;
  4. you become bankrupt, or have a guardian or administrator appointed; or we discover you deliberately gave us misleading or untrue information about a material matter in connection with this agreement

11. Consequences of default

Terminate your Pay It later Account, if your balance is not paid with 7 days it will be forwarded to our external debt collection agency.

12. No warranty

We do not give any express warranty or guarantee as to the suitability, reliability or availability of Pay It Later.

Subject to your Consumer Rights set out in clause 8, we do not give any implied warranties or guarantees in relation to Pay It Later or the products or services provided by the Merchant and/or Seller.

Except as required by law, we do not guarantee continuous, uninterrupted or secure access to Pay It Later. Further, we make no representations or warranties regarding the amount of time needed to complete processing of orders or Transactions. 

13. Disputes

If you have a dispute with a Merchant and/or Seller, you must resolve your dispute directly with the Merchant and/or Seller. We may assist with communication where necessary. The dispute will not suspend your obligation to make any outstanding payments due under the Payment Schedule or Late Fee payments to us, unless the Merchant and/or Seller has agreed to refund part or all of your order under clause 10.3. 

If you have a dispute with us, you must let us know as soon as possible. 

Our dispute resolution process aims to:

  1. Initiate communication with complainant within 5 business days 
  2. Resolve the complaint within 45 business days.
  3. Dispute resolution contact support@payitlater.com.au

14. Consumer Rights

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

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

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

15. Your Account

15.1 Eligibility 

To use Pay It Later you must:

  1. must be over 18 years old;
  2. be capable of entering into a legally binding contract;
  3. have a valid and verifiable email address and Australian mobile telephone number;
  4. provide a valid delivery address in Australia
  5. provide us with sufficient information so that we can verify your identity in accordance with the Anti-Money Laundering and Counter-Terrorism Financing Act 

By entering into this Agreement, you represent and warrant that you are eligible to use Pay It Later.

Pay It Later may refuse you access to the application, or refuse to open you an account for any reason.

15.2 Your Account 

You are responsible for keeping your account secure. We do not take responsibility for unauthorised access or use of your account. 

You must not allow others to use your account, or share your account details with others. 

While using the Pay It Later application, you agree:

  1. to pay any Late Fees (as defined in clause 10.2) applied to your account;
  2. you will not provide us information that is false or misleading;
  3. to keep your personal information (including residential address and contact phone number) up to date;
  4. to provide further information if requested to assist with identity verification, investigation into unlawful or fraudulent activity, or improper activity;
  5. That we may provide your cardholder data and other information we collect to third parties, for fraud detection, payment processing, or credit reporting purposes;
  6. to not allow others to use your Pay It Later account or allow anyone else to have access to your account password details;
  7. to cooperate fully with us to investigate any suspected unlawful, fraudulent or improper activity on your Pay It Later account;
  8. to be aware of and pay any taxes that may apply to your use of Pay It Later;
  9. to not use any technology (device, software or hardware) to damage, intercept or interfere with Pay It Later;
  10. to immediately contact us if you believe that your Pay It Later account may be subject to an unauthorised transaction, account takeover or other type of fraudulent activity or security breach;
  11. to not create liability for us or cause us to lose (in whole or in part) the services of our Merchants and/or Sellers, or our third party suppliers; 
  12. to authorise us to disclose card-related profile and purchase behaviour information to third parties (including, without limitation, Visa and MasterCard) for the purpose of:
    1. eliminating fraud and illicit behaviour; 
    2. complying with the Anti-Money Laundering and Counter-Terrorism Financing Act 2006 (Cth) or any other anti-money laundering legislation;
    3. any other purpose as outlined in our Privacy Policy.
  13. to not open or use more than one Pay It Later account. 

We may restrict your account from placing further orders at any time at our discretion. Efforts to recover outstanding payment balances on existing orders will continue. 

15.3 Multiple Accounts 

You must not hold multiple accounts with Pay It Later. Where we identify you as the creator of multiple accounts, payments made with second and subsequent accounts (according to date created) may be attributed to the primary (first created) account and outstanding orders. 

Where there are overdue debts on an account, this may involve holding orders that have been placed until overdue debt is settled. 

15.4 Transfers or assignments 

You cannot transfer or assign any rights under this Agreement without our prior written consent. 

We may transfer or assign this Agreement to a third party without notice to you.  

15.5 Closing your Account 

You may request to close your Pay It Later account by contacting us directly. You may only request to close your Pay It Later account if:

  1. All amounts owing to us by you have been paid in full; 
  2. No disputes or refunds are being processed;
  3. No investigations are pending in relation to your finances or account. 

16. Payments

16.1 Orders and Payments

When you place an order with a Merchant and/or Seller using Pay It Later (Order), you:

  1. direct us to pay the Merchant and/or Seller on your behalf;
  2. Agree to repay the amounts set out in your Payment Schedule, plus any Late Fees applied to your account, in full in accordance with the Payment Schedule;
  3. Authorise us to attempt to automatically process payments according to the Payment Schedule, if payment has not been made in advance. 
  4. authorise us to use the nominated Australian Bank Account, or debt/credit card issued by Visa or MasterCard (PaymentMethod) provided by you and verified by us at the time you placed your order;
  5. Authorise us to continue to attempt to automatically process payments that have not successfully processed. 

You will receive your Payment Schedule via email, with dates and amounts due for your planning. We will periodically remind you that payments are due.

Orders are subject to our approval, and may be declined, cancelled or reversed at our sole discretion which may include reasons such as, but not limited to:

  1. Your account with us being overdue;
  2. Outstanding Late Fees;
  3. Preventing fraud;
  4. Limiting the risk of money laundering or terrorism financing; 
  5. You do not meet legal, regulatory, non-payment verifications or checks.

If we cancel an approved Order, we will cancel the remaining instalments and return the paid funds to the Shopper/Buyer. The refunds will be returned to the payment method originally used to make the purchase. 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 if you wish to proceed with the purchase from the Retailer, the Retailer may accept an alternative payment method in its discretion, or if required to do so by law.

An Admin fee of $25 will be charged to Shoppers and/or Sellers for the misuse and/or deliberate attempt to defraud Person 2 Person (P2P) product, resulting in losses by Merchants, and Pay It Later alike. In the event the approved Order

To settle an outstanding customer account (including Late Fees), we may at our discretion:

  1. Charge your preferred payment method;
  2. Charge other payment methods we have on file for you, if the preferred payment method is repeatedly unsuccessful;
  3. Hold further orders, and offset the amount paid for further orders against the amount owing;
  4. Offset the amount owed against any payments we send you;
  5. Employ any other legal means, including debt recovery agencies. 

16.2 Late Fees

  1. You may be charged a fee if you do not abide by the Payment Schedule (LateFees).
  2. You will be charged Late Fees (up to two times) on each payment missed in the Payment Schedule. 
  3. To avoid application of Late Fees to your account, you should ensure there are sufficient funds in your account at the time we attempt to process payment.
  4. Late fees are applied to failed payments. If a repayment on the Payment Schedule is still unpaid 24 hours after it became due according to the Payment Schedule, a $10 late fee is applied.
  5. If a repayment is unpaid 7 days after it became due under the Payment Schedule, a further $10 late fee is applied.
  6. No interest charges are ever payable by you when using Pay It Later. 

You agree that we may appoint third party collections agencies to collect any amounts owing to us under this Agreement without your consent.  

You authorise Pay It Later (or any third parties providing services on behalf of Pay It Later) to disclose to third parties, to the extent required by any applicable laws or regulations, any information in relation to you or your account.  

You acknowledge that Pay It Later reserves the right to report any adverse activity on your account (including late payments, missed payments, defaults or chargebacks) to credit reporting agencies. 

16.3 Refunds

If you wish to receive a refund for a product or service from the Merchant and/or Seller 22 days or more after the Transaction:

  1. the refund is carried out by the Merchant and/or Seller (not by Pay It Later);
  2. It is your responsibility to notify the Merchant and/or Seller, arrange a return with the Merchant and/or Seller and carry out the return in the manner required by Merchant and/or Seller return policy or as permitted under your Consumer Rights. 

If you wish to receive a refund for a product or service from the Merchant and/or Seller less than 22 days after the Transaction:

  1. The Merchant and/or Seller will inform us of the amount of the refund.
  2. We will refund the amounts you have paid in cleared funds under the Payment Schedule relating to the amount referred to in clause 10.3(a) to your Payment Method.
  3. Once the refund has been completed, the remaining repayments under the Payment Schedule will be cancelled.
  4. If you request a partial refund from the Merchant and/or Seller we may adjust your Payment Schedule by giving notice to you.
  5. If we are not informed by the Merchant and/or Seller that a refund is in progress, we will continue to process payments according to your Payment Schedule.
  6. Pay It Later holds the right to charge Shoppers and/or Sellers a $25 service fee for a Change of Mind on goods and/or services purchased.

16.4 No set off

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

16.5 Cross Border Transactions 

If you make a Cross Border Transaction (ie. make a purchase from outside of Australia) Pay It Later will convert the Merchant and/or Seller’s price for the goods into your local currency using a retail exchange rate provided by Pay It Later at our discretion to determine the value of the Transaction and the amounts payable by you in accordance with your Payment Schedule. The exchange rate selected by Pay It Later will change regularly to reflect the currency fluctuations in the foreign exchange market. 

Pay It Later will not charge you any set up fees or foreign exchange commission on the exchange rate applied to perform the Cross Border Transaction.  

16.6 Assessment Criteria 

We may actively assess your capability to make repayments. This may include enquiries to third parties, credit reports, fraud scoring and identity verification. 

We may carry out a pre-authorisation on your default payment method to confirm funds are available for your purchase – while we void the authorisation immediately, we have no control over how long it takes your bank to release the authorisation. 

We reserve the right to assess, and determine whether to accept or cancel, each Order in accordance with clause 10.1.

17. Sellers Withdrawing Funds

  1. Each withdrawal request submitted by you is final and not reversible.
  2. A period of 7 days must elapse, before funds are credited to your Account. In the event of a dispute from a Shopper, funds will not be credited, until the dispute has been resolved.
  3. You are solely responsible for ensuring the accuracy of the information provided for the purposes of withdrawal, which will be made by bank transfer.

You must provide us with Know Your Customer (KYC) information. We will request the KYC information and certified supporting documentation. Where the required information is not provided to us, your Account balance will be inaccessible until such time as the requested KYC information is provided.

18. Communications

  1. We will generally communicate with you over email or with a post on our Site.
  2. We may contact you from time to time for marketing purposes over email, unless you have requested otherwise.
  3. If your account with Pay It Later is in default, we may forward your details to an external collection agency to contact you directly.

19. Limitation of Liability

  1. We will generally communicate with you over email or with a post on our Site.
  2. We may contact you from time to time for marketing purposes over email, unless you have requested otherwise. 
  3. If your account with Pay It Later is in default, we may forward your details to an external collection agency to contact you directly.

20. Intellectual Property

Pay It Later and its content are exclusively owned by us and the information on our Site is for informational purposes only and is subject to change without notice. 

You must not copy, imitate, modify, alter, amend or use any URLs representing our Site, Pay It Later, our content, logos, icons or any other content published on our Site or any other media source. To the fullest extent permitted by law, and subject to clause 8, Pay It Later’s liability for all claims arising under or related to this Agreement, and whether in contact, tort (including negligence) or otherwise, will not exceed the total value of any affected Transaction, including any payments or Late Fees.

21. System Outages

  1. Access to our Service or Site 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 control.
  2. To the extent permitted by law, and subject to clause 8, we will not be liable for any loss or damage which you may incur in connection with your use of Pay It Later
  3. You indemnify and hold us harmless from and against all losses, costs or claims suffered or incurred by us resulting from or arising in connection with:
  4. Any use of Pay It Later by you including the Site or the Transaction; and
  5. Any third party use of Pay It Later via your account, such as someone using a password or username provided to you by Pay It Later.