(a) Our Products allow you to buy
(i) goods or services offered by online or in-store Retailers including a Retailer in an overseas jurisdiction permitted by Afterpay, and
(ii) Third Party Goods from Third Party Suppliers available through our Websites.
(b) By placing an Order with a Retailer and using our Products, you provide us with unconditional and irrevocable consent and direction to pay (or procure an Afterpay Affiliate to pay) the Retailer on your behalf in exchange for your agreement and obligation to repay or pay to us, as principal debtor, in accordance with this Agreement the agreed amounts (which may include any applicable taxes, duties or other related amounts charged by the Retailer) and on the dates outlined in your Payment Schedule, plus any additional applicable Fees, including Late Fees if you miss a repayment to us on or before the scheduled date, as set out in clause 4.
(c) By placing an Order through our Websites for Third Party Goods, you agree to repay or pay to us in accordance with this Agreement the agreed amounts (which my include any applicable taxes or duties or other related amounts charged by the Third Party Supplier) and on the dates outlined in your Payment Schedule, plus any additional applicable Fees, including Late Fees if you miss a repayment to us on or before the scheduled date as set out in clause 4.
(d) You acknowledge that we do not have any control over, and are not responsible or liable for, the products or services purchased from Retailers paid for with our Products. We cannot ensure that a Retailer you are dealing with will complete the transaction.
(e) You acknowledge that we act as agent for the Third Party Suppliers when we process Orders for Third Party Goods through our Websites. Delivery, fulfilment and customer support for the Third Party Goods will be provided by the Third Party Supplier. You agree to be bound by the terms and conditions of the Third Party Supplier identified to you at the time of purchase. Please review all applicable Third Party Supplier terms and conditions prior to placing your Order for any Third Party Goods.
(f) Afterpay does not:
(i) Enter into a partnership, joint venture, agency or employment relationship with you;
(ii) Guarantee the identity of any Retailer;
(iii) Determine if you are liable for any taxes; or
(iv) Collect or pay any taxes on your behalf that may arise from your use of our Products.
Your Consumer Rights
As a consumer, you have certain rights under consumer protection legislation (Consumer Rights). These Consumer Rights include:
(i) 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
(ii) 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.
No warranty
(a) We do not give any express warranty or guarantee as to the suitability, reliability or availability of our Products, or Third Party Goods, or of the content on our Website.
(b) Subject to your Consumer Rights set out in clause 2.2, we do not give any implied warranties or guarantees.
(c) Except as required by law, we do not guarantee continuous, uninterrupted or secure access to our Products, and we make no representations or warranties regarding the amount of time needed to complete processing of Orders or payment transactions.
Your eligibility
(a) To be eligible to use our Products you must:
(i) be an individual who is at least 18 years old;
(ii) be capable of entering into a legally binding contract;
(iii) have a valid and verifiable email address and Australian mobile telephone number;
(iv) provide a valid delivery address in Australia;
(v) have access to a Payment Method, for example by being the holder of a Card; and
(vi) in connection with your use of your Afterpay Account and our Products, use your real name and true and correct personal details and not use an alias or false identity (even with the consent of the person whose identity you are using) or provide false, inaccurate or misleading personal details or seek to establish a fake, untraceable or unverifiable Afterpay Account.
(b) By entering into this agreement, you represent and warrant that you are eligible to use our Products.
