Terms & Conditions (“The Agreement”)
Our application allows you to buy products from online stores who partner with us.
1. Our agreement
We encourage you to take the time to read this agreement carefully. It outlines your rights and responsibilities when using the PayItLater website and application, conditions for us to allow access, how the application works and dispute resolution.
2. Our Relationship
This agreement is a contract between you and Pay It Later Pty Ltd ABN 91 626 319 720.
By creating an account, signing in to, or placing an order with the application (using the application) you accept and agree to be bound by the terms of the agreement.
We will amend this agreement from time to time. You should carefully read this agreement each time you use the application. Changes to the agreement do not apply to orders that have already been placed with the application.
Nothing in this agreement is intended to exclude or limit your Consumer Rights under Australian Consumer Law.
If you have a dispute with a merchant, we request you to resolve your dispute directly with the merchant. We will assist with communication where necessary. The resolution of the dispute will not affect any outstanding payments or late fees with PayItLater, unless the merchant has agreed to refund part or all of your order (see 4.3)
We have no control over (and are not responsible for) the products purchased from the merchant, and we cannot guarantee that a merchant will complete the order.
If you have a dispute with us, please 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]
3. Your Account
To use the PayItLater application, we require that you are at least 18 years old, and otherwise capable of entering into a binding contract.
- Your Account
You are responsible for keeping your account secure. We do not take responsibility for unauthorised access or use of your account, unless we have failed to reasonably secure our system.
You must not allow others to use your account, or share your account details with others.
While using the PayItLater application, you agree:
- To pay any Late Fees applied to your account.
- You will not provide us information that is false or misleading, and 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.
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.
You must not hold multiple accounts with PayItLater. Where we identify you as the creator of multiple accounts, payments made with second and subsequent accounts (according to created date) 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.
- Orders and Payments
When you place an order with a merchant using our application, you:
- direct us to pay the merchant on your behalf.
- Agree to repay the amounts agreed in your Payment Schedule, plus any late fees applied to your account, in full.
- Authorise us to attempt to automatically process payments according to the Payment Schedule, if payment has not been made in advance. We will use the 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.
- 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. If we cancel an approved order we will refund any amount you paid related to the order to the payment source you used to initiated transfer.
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.
- Late Fees
- 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 the repayment is unpaid 7 days after is became due according to the Payment Schedule, a further $10 late fee is applied.
- No interest charges are ever payable by you when using PayItLater.
- If you wish to return a product to the merchant 60 days or more after purchase, we request that the refund is carried out by the merchant (not by PayItLater)
- 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.
- The merchant will inform us a refund has been initiated by you and approved by the merchant. We will recover the payment amount from the merchant and refund the payment amount to your preferred payment source, up to the amount that you have paid so far on the order.
- 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.
- If the refund amount is greater than the amount paid so far on the order, we will adjust your remaining instalments appropriately so as to not take the amount from your account.
- 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 will generally communicate with you over email or with a posting on our website.
- We may contact you from time to time for marketing purposes over email, unless you have requested otherwise.
- If your account with PayItLater is in default, we may forward your details to an external collections agency to contact you directly.