Shopper Terms & Conditions (“The Agreement”)
Our application allows you to buy products from online stores who partner with us.
- 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, (collectively, Pay It Later) conditions for us to allow access, how the application works and dispute resolution.
- Our Relationship
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.
- Our product
Pay It Later allows you to buy goods and services offered by third party retailers (Merchant).
By placing an order with a Merchant using Pay It Later as the payment method, you provide us with an unconditional and irrevocable consent and direction to pay the Merchant 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 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 (Payment Schedule), which also outlines any Late Fees which are applicable under clause 10.2.
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. We are not liable for any product or service that is not finalised, completed or delivered by the Merchant. As such, Pay It Later does not:
- Guarantee the quality, identity, suitability, reliability or availability of Pay It Later or of the products or services of any Merchant;
- Guarantee that a Merchant will fulfil the order made in the transaction;
- Enter into a partnership, joint venture, agency or employment relationship with you or the Merchant;
- Determine if you are liable for any taxes or duties.
- 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.
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.
We may amend this agreement from time to time. You should carefully read this agreement each time you use Pay It Later. Changes to the Agreement do not apply to orders that have already been placed with Pay It Later.
If you have a dispute with a Merchant, you must resolve your dispute directly with the Merchant. 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 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:
- Initiate communication with complainant within 5 business days
- Resolve complaint within 45 business days.
- Dispute resolution contact [email protected]
- 8.Consumer Rights
As a consumer, you have certain rights under consumer protection legislation (Consumer Rights). These Consumer Rights include:
- 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
- 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.
- 9. Your Account
To use Pay It Later you must:
- be at least 18 years old;
- be capable of entering into a legally binding contract;
- have a valid and verifiable email address and Australian mobile telephone number;
- provide a valid delivery address in Australia
- provide us with sufficient information so that we can verify your identity in accordance with the Anti-Money Laundering and Counter-Terrorism Financing Act 2006.
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.
9.2 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:
- to pay any Late Fees (as defined in clause 10.2) applied to your account;
- you will not provide us information that is false or misleading;
- to keep your personal information (including residential address and contact phone number) up to date;
- to provide further information if requested to assist with identity verification, investigation into unlawful or fraudulent activity, or improper activity;
- That we may provide your cardholder data and other information we collect to third parties, for fraud detection, payment processing, or credit reporting purposes;
- to not allow others to use your Pay It Later account or allow anyone else to have access to your account password details;
- to cooperate fully with us to investigate any suspected unlawful, fraudulent or improper activity on your Pay It Later account;
- to be aware of and pay any taxes that may apply to your use of Pay It Later;
- to not use any technology (device, software or hardware) to damage, intercept or interfere with Pay It Later;
- 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;
- to not create liability for us or cause us to lose (in whole or in part) the services of our Merchants or our third party suppliers;
- 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:
- eliminating fraud and illicit behaviour;
- complying with the Anti-Money Laundering and Counter-Terrorism Financing Act 2006 (Cth) or any other anti-money laundering legislation;
- 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.
9.3 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.
9.4 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.
9.5 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:
- All amounts owing to us by you have been paid in full;
- No disputes or refunds are being processed;
- No investigations are pending in relation to your finances or account.
- 10. Payments
10.1 Orders and Payments
When you place an order with a Merchant using Pay It Later (Order), you:
- direct us to pay the Merchant on your behalf;
- 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;
- Authorise us to attempt to automatically process payments according to the Payment Schedule, if payment has not been made in advance.
- authorise us to use the nominated Australian Bank Account, or debt/credit card issued by Visa or MasterCard (Payment Method) provided by you and verified by us at the time you placed your order;
- 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:
- Your account with us being overdue;
- Outstanding Late Fees;
- Preventing fraud;
- Limiting the risk of money laundering or terrorism financing;
- You do not meet legal, regulatory, non-payment verifications or checks.
If we cancel an approved Order, we will refund any amount you have paid related to the Order to the payment method used to verify the Transaction.
To settle an outstanding customer account (including Late Fees), we may at our discretion:
- Charge your preferred payment method;
- Charge other payment methods we have on file for you, if the preferred payment method is repeatedly unsuccessful;
- Hold further orders, and offset the amount paid for further orders against the amount owing;
- Offset the amount owed against any payments we send you;
- Employ any other legal means, including debt recovery agencies.
10.2 Late Fees
- You may be charged a fee if you do not abide by the Payment Schedule (Late Fees).
- You will be charged Late Fees (up to two times) on each payment missed in the Payment Schedule.
- 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.
- 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.
- If a repayment is unpaid 7 days after it became due under the Payment Schedule, a further $10 late fee is applied.
- 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.
If you wish to receive a refund for a product or service from the Merchant 22 days or more after the Transaction:
- the refund is carried out by the Merchant (not by Pay It Later);
- It is your responsibility to notify the Merchant, arrange a return with the Merchant and carry out the return in the manner required by Merchant return policy or as permitted under your Consumer Rights.
If you wish to receive a refund for a product or service from the Merchant less than 22 days after the Transaction:
- The Merchant will inform us of the amount of the refund.
- 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.
- Once the refund has been completed, the remaining repayments under the Payment Schedule will be cancelled.
- If you request a partial refund from the Merchant we may adjust your Payment Schedule by giving notice to you.
- If we are not informed by the Merchant that a refund is in progress, we will continue to process payments according to your Payment Schedule.
10.4 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.
10.5 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’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.
10.6 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.
- 11. Communications
- We will generally communicate with you over email or with a post on our Site.
- We may contact you from time to time for marketing purposes over email, unless you have requested otherwise.
- If your account with Pay It Later is in default, we may forward your details to an external collections agency to contact you directly.
- 12. 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.
- 13. Limitation of Liability
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.
- 14. System Outages
- 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.
- 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
- 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:
- Any use of Pay It Later by you including the Site or the Transaction; and
- 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.
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