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BECOME A STOCKIST

Interested in becoming a Skinstitut Stockist? Complete the Expression of Interest form and Skinstitut Representative will be in touch with you.

APPLY FOR A STOCKIST ACCOUNT

AGREEMENT OF SALE

Welcome to the Skinstitut website. As our valued customer (you) we ask you to take the time to read the following before you place your order.

These terms and conditions govern your use of this website, the purchase of any products offered on the Skinstitut website, as well as Skinstitut social media sites, such as Facebook, Instagram and Twitter are subject to these Terms and Conditions of Sale. Your use of this site or purchase from Skinstitut indicates your understanding and acceptance of these terms and conditions to which you agree to be bound by.

If you are uncertain about any of the terms of the Agreement, please contact Skinstitut before the completion of any purchase.

PROMOTIONS AND DISCOUNT CODES

Skinstitut will occasionally offer promotional discounts on the purchase of multiple or particular products. In certain instances, to claim this discount, please enter the code during checkout within the ‘Information’ page in the box marked ‘Discount Code’.

Discount codes are not applied to shipping costs. Two discount codes or multiple promotion offers cannot be applied in the same order. Discount codes cannot be applied after an order has been placed. Skinstitut reserve the right to cease or pause any promotion at any time without notice.

CURRENT DISCOUNTS AND PROMOTIONS:

GIFT WITH PURCHASE:

Buy any 2 products and get a 1% Hyaluronic Complex Serum 10ml deluxe sample. Add items to cart and gift will automatically apply at checkout. Offer is valid once per transaction. Gift is not valid in conjunction with any other offer. Offer valid between 12:00am 04.12.23- 11:59pm 14.11.23.

SPEND AND SAVE:

Buy 5 or more Skinstitut products and save 25% (excludes all Skinstitut Expert products, kits and gift sets). Discount calculated at Checkout. For personal sale only, not eligible for commercial volumes. Discount not eligible with any other promotion.

REFER A FRIEND PROGRAM:

Refer a friend to receive a one-time use discount code for 10% off. Discount code is sent once the referee (friend) clicks on the referral emails and claims the offer. Discount code eligible for single use only. Cannot be used in conjunction with any other offer or discount (eg. Spend and Save 25%). Discount offer extended after a transaction has been completed. Users are ineligible to refer a friend prior to completing a sales transaction on skinstitut.com. 10% discount code Valid for 365 days.

The referee (friend), will receive a one-time $20 discount offer to use on their first order via skinstitut.com. Discount not eligible to be used in conjunction with any other offer or discount code. Valid for 14 days only.

SAMPLES AT CHECKOUT:

From time to time Skinstitut will offer a complimentary sample at checkout based on availability. There are no guarantees for product availability and changes cannot be made to selection after orders have been placed. Orders containing only a Gift Card are not eligible for any free samples.

REVIEW COMPETITION

Leave a Review to go in the draw to win a $200 Skinstitut Gift Card – 1 winner drawn each month.

Must be an existing Skinstitut customer who has transacted via skinstitut.com to be eligible for consideration.
Product reviews must only be given on products the Customer has previously purchased on skinstitut.com
Users cannot set up pseudo accounts to attempt multiple entries.
One Review will be considered as one entry.
One winner will be selected at random within 7 days after the end of the month.
Winner will be notified via email address associated with the Customer account held with skinstitut.com, within 7 days after the end of the month.
A $200 Skinstitut Gift card will be transferred to the selected winners Customer Account.
Gift Card not redeemable for cash.
Gift Card will expire after 3 years.

ORDERING FROM THIS WEBSITE

All orders placed are subject to confirmation and acceptance by Skinstitut.

To purchase Skinstitut products, you must either be at least 18 years of age or have obtained parental or guardian consent. At all times, you must provide accurate, true and correct information.

Skinstitut does not allow or support resale or export of products purchased from this website. You agree when purchasing from this website that you are doing so for personal use only, and not for resale or export.

Skinstitut reserves the right to make changes to these sites and these terms and conditions at any time without any prior notice and changes can be made effective immediately. You should check this page regularly to take notice of any changes we may have made to the Terms and Conditions of Sale.

Occasionally there may be information on the site that contains typographical errors, inaccuracies, or omissions that may relate to product descriptions, pricing, promotions, offers, and availability. You agree to pay the price allocated to the Skinstitut products. You must pay all amounts due, without set off or deduction. If Skinstitut discover an error in the price of any goods which you have ordered, or require further verification or information from you, we will inform you of this as soon as possible and give you the option of reconfirming your order at the correct price or cancelling it. If we are unable to contact you we will treat the order as cancelled. If you cancel and have already paid for the goods, you will receive a full refund to the credit card or Paypal account with which you made your original purchase.

AUSTRALIAN ORDERS

Standard Shipping is free for all orders within Australia. All orders are subject to availability and are sent via Australia Post and are fully trackable; you will receive a confirmation email with details of your order. It is suggested that you provide a delivery address where a person will be available to accept your delivery between 9-5pm. You agree to provide the correct delivery address and hold Skinstitut harmless from any error in this regard. Otherwise your parcel will be re-directed to the nearest post office / depot for collection. Skinstitut may also need to deliver in instalments or through split orders, if some products are not available at the time of purchasing.

Express Shipping (powered by Express Post e-parcel) is available upon selection at a flat rate of $9.95 Australia wide. There are no guarantees for next day delivery and timelines will be subject to Australia Post Express Service.

INTERNATIONAL SHIPPING

Skinstitut can ship to a limited number of countries upon direct request, as listed on our Shipping and Returns page. International shipping fees will apply. Skinstitut is not responsible for customs charges and restrictions that vary from country to country and result from the importation or certain products. You remain responsible for all charges and fees incurred. You agree to provide the correct delivery address and hold Skinstitut harmless from any error in this regard. Skinstitut may also need to deliver in instalments or over split orders, if some products are not available at the time of purchasing. Any customs or import duties are charged once the parcel reaches its destination country. These charges must be paid by you, the recipient of the parcel.

You take full liability for all postal charges, return shipment costs, customs charges and handling fees should they refuse to accept a parcel due to import duties or taxes.

We will not refund any purchases that have not been accepted at customs.

PRICES & PAYMENT

All prices listed on the site are in Australian dollars and are inclusive of any Australian Goods and Services Tax (as applicable).

The prices indicated may be changed at any time without advance notice. However, the products shall be charged at the rate in force when your order was validated.

Accepted payments include credit cards (Visa, Mastercard, American Express) and PayPal. Where you pay by credit card, you warrant that you have the necessary rights to use the credit card and that you are fully authorised to use it to pay for the order. We currently use Shopify Payments and/or PayPal to ensure that your information is kept safe when you pay by credit card. You also warrant that this card gives access to sufficient funds corresponding to the amount of the order. Failing this, Skinstitut reserves the right to cancel the sale accordingly.

Skinstitut is under no obligation to ship any goods ordered until payment for those goods has been received.

USE OF PRODUCTS

Upon your purchase of the products, you agree to use the products only for their intended purpose and strictly in accordance with their instructions, precautions and guidelines. Any other use will cause you to assume full responsibility for any loss or damage arising out of their use.

You should always check the ingredients for products to avoid potential allergic reactions.

Not all products are suitable for all skins. If using prescription medications (oral or topical), pregnant, breastfeeding or suffering from a specific health condition, you should seek advice from an appropriate medical practitioner or therapist before adopting any new skinstitut products or regime.

We give no warranty and make no representation, express or implied, as to the suitability, adequacy or appropriateness of the products for you or the merchantability or fitness of the products for a particular purpose.

If any minor uses any product purchased through the site it should be only after the parent or legal guardian has discussed the product with the minor's doctor.

SKINCARE QUIZ

Use of the Skinstitut Skincare Quiz is a guideline only. All product recommendations are basic recommendations, noting that not all products are suitable for all skins. If using prescription medications (oral or topical), pregnant, breastfeeding or suffering from a specific health condition, it is best to seek advice from an appropriate medical practitioner or therapist before adopting any new regime. Additionally, it is best to confer with a skin therapist to ensure suitability especially after professional treatments have been performed on the skin. No warranty is made against results or benefits based on skincare quiz recommendations.

WARRANTY CLAIM

All goods sold by skinstitut come with a warranty to be free from any defects or faults. This warranty is not transferable.

Goods under warranty cover will be replaced or repaired by the manufacturer.

All warranties are voided if returned product is found in any way to be mishandled, modified, tampered, abused, physically damaged.

CONCLUSION OF TRANSACTION

The agreement for sale is concluded only when goods are handled over to the designated carrier.

Afterpay Terms of Service - Australia

LAST UPDATE: 20 SEPTEMBER 2023

Important notice: From 2 October 2023, American Express will no longer be accepted as a payment method for new Orders. Repayments on existing Orders made prior to 2 October 2023 can continue to be charged to your American Express until the payment method is terminated on 29 November 2023, unless you update the payment method earlier. On 29 November 2023, our Terms of Service will be updated to remove all reference to American Express.

HIGHLIGHTS:

Afterpay allows you to pay for your purchase over 4 instalments due every 2 weeks. In some cases, Afterpay may require you to make a payment at the time of purchase.

You must be over 18 years old and be the authorised holder of an eligible debit/credit card to apply (see clause 2.4 for eligibility criteria).

All orders are subject to Afterpay’s approval – for example, if you have any overdue payments, Afterpay will not be available to you. For more information on assessment and checks, see clause 6.2

As part of our approval process, we may conduct a pre-authorisation on your nominated card, up to an amount of your first instalment - see clause 6.2(f)

You can make repayments to Afterpay any time BEFORE the due date. Otherwise, Afterpay will automatically try process payments on the scheduled dates from your card. If a payment is not processed on or before the due date, Late Fees will apply.

For each order below $40, the total of the Late Fees that may be applied is capped at 25% of the Original Order Value.

For each order of $40 or above, an initial $10 partial Late Fee, and a further partial Late Fee of up to $7 if the payment remains unpaid 7 days after the due date. This approach will continue and the total of the Late Fees that may apply are capped at 25% of the Original Order Value or $68, whichever is less. See Schedule 1.

If you won’t be able to pay us on time, please contact us as soon as possible. Please click here for more information regarding Hardship.

The delivery/quality of goods and all refunds is the responsibility of the retailer where you make the purchase or the Third Party Supplier who supplies the Third Party Goods available through our Website.

If you decide to purchase goods from an authorised Retailer from outside of Australia, we draw your attention to clause 4.5 of these terms.

We are a Code Compliant Member under the BNPL Code. You have certain rights and we have certain obligations to you under the BNPL Code. For further information, see clause 2.6.

We limit our liability to you in accordance with clause 10.3, and you indemnify us in accordance with clause 10.4 of these terms.

IMPORTANT INFORMATION REGARDING CARD PRE-AUTHORISATIONS:

As part of our approval process and our assessment as to whether or not you have the capability to fulfil your obligation to make future payments to Afterpay according to the Payment Schedule, we reserve the right to conduct a pre-authorisation of your Nominated Payment Source. This may involve placing funds in the account linked to your Nominated Payment Source on hold each time you make an online purchase, obtain your Afterpay Card for an in-store purchase or add a new Card to your Afterpay Account. Once purchases are authorised, we immediately instruct your bank to void this pre-authorisation transaction. Once your Afterpay Card is provided for an in-store purchase, where Afterpay Card is obtained but a purchase does not eventuate, we instruct the bank to void the pre-authorisation if your Afterpay Card is cancelled or expires. Once a new card is added to your Afterpay Account and used, we instruct the bank to void the pre-authorisation. No funds are received by Afterpay during this process.

PLEASE NOTE: In most circumstances, relevant banks will void a pre-authorisation transaction within a few hours of the pre-authorisation transaction being conducted by Afterpay. However, in some observed instances, banks have taken up to fourteen (14) days to finalise this process. Unfortunately, we do not have any control or influence over the timing of your bank’s ability to finalise this process and Afterpay does not guarantee the time it takes for your bank to finalise the process and make your funds available to you.

Please read this Agreement and Afterpay’s Privacy Policy which can be found here carefully as they impose rules, obligations and other responsibilities on you in respect of your use of, and access to, our Products. By clicking ‘accept’ and using Afterpay’s Products, you agree to be bound by (i) this Agreement; and (ii) Afterpay’s Privacy Policy. If you do not want to be bound by this Agreement, you must not click accept or make a purchase using Afterpay’s Products. The headings contained in this document are for reference purposes only. You should print a copy of this Agreement and Afterpay’s Privacy Policy for your records.

1. Welcome to our Website

1.1 Parties to this Agreement

This Agreement is a contract between you (‘you’ or ‘your’) and Afterpay Australia Pty Ltd ACN 169 342 947 (‘Afterpay’, ‘we’, ‘us’, ‘our’).

1.2 Policies incorporated into this Agreement

Afterpay’s Privacy Policy is incorporated into our agreement with you and is binding on you. If any other policy becomes binding on you, we will notify you of the policy and where it can be found. If you do not wish to be bound by that policy, you should stop using our Product.

To the extent of any inconsistency between this Agreement and any incorporated policy, the incorporated policy will prevail.

1.3 Changes to this Agreement

(a) We may vary this Agreement at any time (including varying the Fees). We will only vary this Agreement for the following reasons: (i) if we change the functionality of our Products; (ii) if we introduce new products or remove existing products; (iii) where required by law or regulation or a regulator; or (iv) for any other reason provided it is reasonable. Where the variation is material and/or to your detriment, we will provide you with at least 30 business days’ prior personal notice of the variation, unless the variation is to introduce new Fees or increase existing Fees, in which case, we will give you at least 40 business days prior personal notice. If you do not wish to be bound by the variation, you are free to exit this Agreement, without penalty or additional fees, within the applicable notice period. See clause 9 for how we provide personal notice. We may also place the notification as pop-ups in the app and/or with a banner on the Website. There may be instances where we cannot give you prior notice, for example, where we are instructed by a regulator to implement a change immediately. We will personally notify you of the change as soon as we can. Where the variation is not material and/or to your detriment (so it is to your benefit or is neutral), we may notify you after we have made the change or not give you any notice (for example, where the change is immaterial).

(b) We will not change any terms and conditions for an existing Order that has been accepted by us; the terms and conditions that will apply to an accepted Order (and any steps taken in relation to such Order, e.g., cancellation, refunds, etc.) are the terms and conditions that applied at the time you made the Order.

2. Our relationship

2.1 About us

(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 Schedule 1.

(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 Schedule 1.

(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.

2.2 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.

2.3 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.

2.4 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.

2.5 Transfers or assignments

(a) You cannot transfer or assign any rights you may have under this Agreement without our prior written consent, which must not be unreasonably withheld.

(b) We may transfer or assign this Agreement, and any right under this Agreement, to a third party without notice to you or your consent unless the assignment will detrimentally affect your rights under the Agreement (in which case we will seek your consent prior to assignment, which consent must not be unreasonably withheld). You agree that we may appoint third party collections agencies to collect any amounts owing to us under this Agreement without your consent.

2.6 Your rights under the BNPL Code

(a) We are a Code Compliant Member under the BNPL Code. The BNPL Code describes contractually enforceable commitments that apply from 1 March 2021 to the interactions and arrangements we have with you about our Products that are covered by the BNPL Code.

(b) The BNPL Code operates alongside, and is subject to, existing laws and regulations and does not limit your rights under such laws and regulations. Where the BNPL Code imposes standards on us that are above those required by the law or regulation, we are committed to the higher standards of the BNPL Code.

(c) As a Code Compliant Member, we are subject to the oversight of the CCC and our commitments to you under the BNPL Code are enforceable by you through AFCA. To raise a dispute with us, AFCA or the CCC – see clause 8.2.

3. Your Afterpay Account

3.1 Creating your Afterpay Account

(a) We will create your Afterpay Account when you place your first Order with any of our Retailers or for Third Party Goods available through our Websites. You may also create your Afterpay Account by visiting the Afterpay Website.

(b) Once your Afterpay Account is created, you will be prompted to choose and enter a secure password. You may subsequently access your Afterpay Account, using your secure password, through our Website.

(c) You are responsible for maintaining the security of your Afterpay Account details. We will not take responsibility for unauthorised access and use of your Afterpay Account unless we have failed to take reasonable steps to prevent such unauthorised access or use.

(d) If you consider a transaction made using your Afterpay Account was not made or otherwise authorised by you, you should contact Afterpay at help.afterpay.com and we will investigate this as an unauthorised transaction. In the absence of such a request from you, you acknowledge and agree that we will treat any such Order on your Afterpay Account as a valid transaction for the purposes of this Agreement.

See how we handle disputes in clause 8.2.

3.2 Your obligations to us as a holder of an Afterpay Account

By holding an Afterpay Account with us, you agree that you must:

(a) Pay all applicable Fees associated with your use of our Products and your Afterpay Account;

(b) Not provide us with any information that is false, inaccurate or misleading (including, without limitation, in relation to your identity or personal details or by using an alias or false identity, even with the consent of the person whose identity you are using or seek to establish a fake, untraceable or unverifiable Afterpay Account);

(c) Ensure any information about you, including your contact details, is true, current and complete. If your information changes, you must update it through your Afterpay Account via our Website;

(d) Provide to us in a timely manner all documentation relating to your identity, if requested by us;

(e) Not use your Afterpay Account, our Products or Third Party Goods for any unlawful, fraudulent or improper activity , including for any experimental, testing or research purposes or otherwise in a manner for which they have not been designed;

(f) Cooperate fully with us to investigate any suspected unlawful, fraudulent or improper activity on your Afterpay Account;

(g) Pay any taxes that may apply to purchasing the goods or services where applicable (e.g. GST);

(h) Not permit others to use your Afterpay Account, or allow anyone else to have or use your account password details;

(i) Not use any technology (device, software or hardware) to damage, intercept or interfere with our Products or Websites;

(j) Immediately contact us if you believe that your Afterpay Account may be subject to an unauthorised transaction, account takeover or other type of fraudulent activity or security breach;

(k) Not create liability for us or cause us to lose (in whole or in part) the services of our Retailers or Third Party Suppliers;

(l) 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; and

(m) Not open or use more than one Afterpay Account.

3.3 In-store payment

(a) If you wish to make an in-store purchase using Afterpay, you must create an Afterpay Account (new Afterpay customers), or log in to your existing Afterpay Account (existing Afterpay customers), and request authorisation to make an in-store purchase by using your Afterpay Card with a Retailer who offers Afterpay.

(b) Your Afterpay Card will be processed by the Retailer to finalise your Afterpay purchase. If your request is approved, your first 25% instalment will be due at the time of purchase, or, if your loyalty status entitles you to a deferred first instalment, 2 weeks from the date of purchase or as otherwise set out in your Afterpay Account. Payments will be deducted from your Nominated Payment Source in accordance with your Payment Schedule, which will be emailed to you following your Afterpay purchase.

(c) Only one Afterpay Card will be approved for your use and can be used to authorise additional purchases until its expiry date.

(d) Your Afterpay Card will be valid for 3 years after it has been added to your digital wallet.

(e) Your Afterpay Card must only be used by you as the Afterpay Account holder. It is your responsibility to keep your Afterpay Card secure at all times from theft, fraud, misuse and/or unauthorised use.

(f) If you become aware that your Afterpay Card is faulty, or the device onto which they have been loaded has been lost or stolen prior to their expiry, or there are issues with generating the Afterpay Card, you can contact us on help.afterpay.com and we will endeavour to cancel it.

(g) To the extent permitted by law, and subject to clause 2.2, we will not be liable to you or anyone else for any losses suffered or incurred due to delay in receipt of, or for any lost or misdirected Afterpay Cards sent to the device you have provided, or for any losses suffered or incurred due to the theft, fraud, misuse or unauthorised use of the Afterpay Card, except to the extent that such losses arise as a result of our negligence, wilful misconduct or breach of this Agreement.

3.4 Closing your Afterpay Account

When you can close your Account

(a) You may request to close your Afterpay Account by contacting us directly. We are only able to close your Afterpay Account if all amounts owing to us by you (including any Late Fees) have been paid in full to us.

(b) You can also close your Afterpay Account if we have changed the terms under clause 1.3. If you owe amounts, you will need to continue to repay these in accordance with your Payment Schedule.

(c) If your Afterpay Account is closed under this clause, any disputes or refunds that are in progress will also need to be resolved/processed (see clause 5), and this Agreement will continue to apply.

When we can close your account

(a) We may immediately limit your access to our Products and/or suspend or close your Afterpay Account, without prior notice to you, for the following reasons:

(i) we reasonably consider it necessary to do so in order to protect the integrity of our systems or the Products, prevent fraud or limit the risk of money laundering or terrorism financing; or

(ii) we are required to or instructed by a regulator, enforcement officer or court of law;

(iii) you do not pass our verifications or checks, including our pre-authorisation check described in clause 6.2(d);

(iii) we reasonably suspect, or are aware, that you have breached this Agreement in a material respect (including by failing to make any payment due under this Agreement by the payment due date or by providing us with false, inaccurate or misleading information or using your Afterpay Account or our Products in breach of this Agreement).

(b) Other than as set out in (a) above, we may close your Afterpay Account at any time for any reason by providing you with 60 days’ prior personal notice. For how we give personal notice, see clause 9.

Consequences of closure

This Agreement will continue to apply to any Purchases accepted prior to closure (where it is immediate under (a) above or prior to notice (under (b) above) until all amounts owing (including Fees) are received in full and until all disputes and refunds are resolved/processed – see clause 5.

4. Orders, payments and billing

4.1 Order Confirmation and Payment Schedule

(a) All Orders which you place with Afterpay are subject to approval by Afterpay, in our reasonable discretion. We may choose not to approve an Order or provide a Product to you, or may cancel an approved Order before the goods or services are delivered or supplied, if:

(i) we reasonably consider this necessary in order to:

(A) protect the integrity of our systems or the Products;

(B) prevent fraud;

(D) otherwise protect us against legal, regulatory or non-payment risk;

(ii) you do not pass our verifications or checks, including those described in clause 6;

(iii) we reasonably suspect, or are aware, that you have breached this Agreement in a material respect (including by failing to make any payment due under this Agreement on the payment due date);

(iv) an Order is made with a merchant in a different jurisdiction that is not permitted by Afterpay; or

(v) we otherwise reasonably consider the Order to be suspicious.

(b) If we cancel an approved Order:

(i) we will apply a full refund of any amounts you have paid to us to your Nominated Payment Source or (if that is not possible) to any other Card that you have provided us details of, and will cancel any future payments related to that Order. In the event the approved Order is cancelled because a chargeback has been incurred by Afterpay in relation to a payment for the approved Order, that payment will not be refunded by Afterpay. Any return of funds in that event will be as between you and your issuing bank. The Retailer or Third Party Supplier (as applicable) will not be obliged to deliver the goods (or provide the services) the subject of the Order, unless required to do so by law;

(ii) 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

(iii) 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.

(c) Once we approve your Order, you will receive an email from us with confirmation of receipt of your Order and a Payment Schedule.

(d) You agree to ensure that payment(s) are made in accordance with the Payment Schedule. You may make early payments through your Afterpay Account, otherwise Afterpay will automatically process payments in accordance with the due dates stated on the Payment Schedule. You authorise Afterpay to process such payments using the Payment Method details provided by you. If an Automatic Payment fails on any of the dates specified in your Payment Schedule, Afterpay reserves the right to re-attempt to process the payment at a later time or date.

4.2 Automatic Payments

(a) An ‘Automatic Payment’ is a payment, through the Payment Method you have chosen, that we will automatically charge directly to your nominated Card (‘Nominated Payment Source’) on a one-time or regular basis in agreed upon amounts as outlined in your Payment Schedule. These Automatic Payments also include any arrangements made between you

and a Retailer or Afterpay for your Afterpay Account to be used for any recurring payments, which may also be described by a Retailer or Afterpay as subscriptions, billing agreements, pre-authorised payments or any reasonably similar term (‘Recurring Payments’). You will have the option to select a preferred Payment Method and Nominated Payment Source when your Afterpay Account is being created. You can update or change your preferred Nominated Payment Source or Payment Method at any time via your Afterpay Account.

(b) Subject to the other terms of this Agreement, You hereby expressly consent to, authorise and instruct Afterpay to deduct Automatic Payment amounts from your Nominated Payment Source for the amounts and on those scheduled dates set out in your Payment Schedule. Where an Automatic Payment relates to Recurring Payment amounts, you also consent to, authorise and instruct Afterpay to pay the Retailer from your Nominated Payment Source through your Afterpay Account. When you select Afterpay as your payment method for a Recurring Payment, you authorise Afterpay to be the default payment method for future Recurring Payments with that Retailer until you inform the Retailer otherwise. You acknowledge that you are giving us the ability to collect or reverse variable payment amounts from or to your Nominated Payment Source, in accordance with your Payment Schedule and the terms of this Agreement.

(c) You are responsible for ensuring that you have sufficient funds in your Nominated Payment Source available to make Automatic Payments on the dates specified in your Payment Schedule. You are liable for any fees or charges imposed by your Nominated Payment Source (e.g. interest charges on a nominated credit card), except to the extent that such fees or charges arise as a result of our error or system failure. If any fees or charges are imposed as a result of our error or system failure, please provide us with a copy of the relevant records, and we will reimburse you for the relevant fees or charges.

Cancelling goods or services from a Retailer

If you wish to cancel any goods or services offered by a Retailer that is structured as a Recurring Payment, you will be responsible for contacting the Retailer directly to cancel this in accordance with the Retailer’s policies.

Cancelling your Recurring Payment with Afterpay

You may cancel any scheduled Recurring Payment amount by notifying us within 2 days of the next scheduled payment, either through our Website or contacting us at help.afterpay.com. By contacting Afterpay to cancel any scheduled Recurring Payment amount, Afterpay will also cancel any future Recurring Payments you have for goods or services offered by that Retailer to you. You are responsible for any outstanding amounts or obligations imposed by the Retailer on you as a result of your cancellation of the Recurring Payment amounts.

Please note, cancelling your Recurring Payment with Afterpay will not cancel any goods or services obtained from the Retailer. As above, it is your responsibility to cancel goods or services obtained from a Retailer by contacting the Retailer directly.

(d) If an Automatic Payment fails (for example, if your Nominated Payment Source is a credit or debit card which has expired), Late Fees may apply unless you otherwise make the scheduled payment on or before the relevant due date. You authorise us to satisfy any monetary liability you owe us by:(i) Debiting your Nominated Payment Source at a later time or date;

(ii) Debiting any other Card which you have provided details of;

(iii) Offsetting the payment amount against any amounts we may owe to you; or

(iv) Any other legal means.

Please see clause 4.3 below for more information regarding Late Fees.

4.3 Late Payments

The calculation and application of Late Fees are set out in Schedule 1 to this Agreement.

4.4 Fees

All charges and fees and how they are calculated and applied are set out in Schedule 1 to this Agreement.

4.5 Cross Border Transactions

Where you use our Products to make a Cross Border Transaction, we will convert what the Retailer charges for the goods into your local currency to determine the Original Order Value and the amounts payable by you in accordance with your Payment Schedule at the retail exchange rate used, which is the average of the bid rate offered by the four largest retail banks in Australia.

4.6 Interest

(a) No interest charges are payable by you for the use of our Products.

4.7 No set off

Notwithstanding any other provisions of this Agreement, you must make all payments in accordance with the Payment Schedule in full to us under this Agreement without any set-off, withholding or reduction.

4.8 Higher Upfront payment

Where the Original Order Value exceeds your approved spending limit with Afterpay, you may be offered the option to pay an instalment at the time of purchase which is higher than 25% of the Original Order Value (Higher Upfront Payment).

If this section applies to you, the Higher Upfront Payment will display prior to you confirming your Afterpay Order, and we will act as your agent by paying through your Higher Upfront Payment to the merchant. For the avoidance of doubt, Your obligations with respect to Your Payment Schedule (regardless of the applicability of this section) shall continue to apply in accordance with this Agreement, including your obligations under clause 4.2.

5. Refunds

(a) If you decide to return goods to a Retailer or Third Party Supplier (as applicable), which have been purchased using our Products, and request a refund, or a return and refund are otherwise accepted by the Retailer or Third Party Supplier or permitted by law, you will directly arrange the return with the Retailer or Third Party Supplier, ensuring that the goods are returned according to the Retailer’s or Third Party Supplier’s returns policy or other instructions or your rights at law. Please note, using Afterpay to pay for any eligible purchase will not affect any of your existing rights to refund under applicable consumer law or otherwise.

(b) It is your responsibility to notify the Retailer or Third Party Supplier if you intend to return any goods. The return must be completed within the period specified and in the manner required by the Retailer’s or Third Party Supplier’s returns policy or as otherwise permitted by the Retailer or Third Party Supplier.

(c) Unless we are notified by a Retailer or Third Party Supplier that a return and refund is in progress, we will continue to process any Automatic Payments in accordance with the dates set out in your Payment Schedule.

(d) Until such time that the Retailer or Third Party Supplier has confirmed the return of the goods and has issued a transaction reversal for those goods, you will still need to make the payments in accordance with your Payment Schedule.

(e) Once the Retailer or Third Party Supplier has confirmed that a refund is payable, we will issue a refund to your Nominated Payment Source (or, if that is not possible, to any other Card that you have provided details of) and/or adjust your Payment Schedule appropriately (including to reduce or cancel any future payments, if necessary). Please note, in the event of partial refunds, refund amounts are taken off the last payment/s first. If the refund is processed to your expired or cancelled card, you will need to obtain the returned funds by contacting your financial institution.

For example, if you make a $400 purchase using Afterpay and the retailer approves a $250 refund, we will cancel your 3rd and 4th instalments of $100, and amend your 2nd instalment to $50. Your new payment schedule will become 2 payments (instead of 4) of $100 & $50. If you had already paid 2 instalments of $100 each, a refund of $50 would be applied to your card and the remaining 2 instalments would be cancelled.

When a Retailer issues a refund for a Cross Border Transaction, Afterpay will use the original retail exchange rate (used at the time the order was placed) to determine the refund amount to apply to your Nominated Payment Source for the relevant goods.

For example, if a New Zealand Retailer charged 100NZD which was converted to $96 as the Original Order Value, if the Retailer issues a refund for 50NZD, your order total and Payment Schedule will be adjusted by $48.

(f) Where you wish to return a product 120 days or more after the purchase date, we will no longer have any involvement in the product return process (i.e. the Retailer will provide any agreed refund directly to you). A longer period will apply where we have agreed a longer period with a Retailer or Third Party Supplier where required based on the nature of the goods or services purchase by you.

(g) Where your Afterpay Account has been closed for any reason, our respective obligations in relation to product returns in this clause 5 will only continue until the earlier of:

(i) the date on which all amounts you owe to us have been paid to us; or

(ii) the date which is 120 days after your last Order or such later date we have agreed with a Retailer or Third Party Supplier where required based on the nature of the goods or services purchased by you.

After that time, the Retailer or Third Party Supplier will be solely responsible for processing all product returns and associated refunds.

6. Assessment and checks

6.1 Assessment

(a) We reserve the right to assess, and determine whether to accept or cancel, each Order in accordance with clause 4.1.

6.2 Repayment capability and identity checks

(a) We reserve the right to verify your identity, including if required under the Anti-Money Laundering and Counter-Terrorism Financing Act. Verifying your identity does not mean we will approve your order (see clause 4.1(a) for other variables that are considered).

(b) You agree to provide any information or documentation reasonably requested by Afterpay, a Retailer or a Third Party Supplier to verify your identity in connection with your Afterpay Account or Orders.

(c) You authorise us to make, directly or through third parties, any enquiries we consider necessary to verify your identity and assess your capability to make payments according to the Payment Schedule in relation to all Afterpay Orders. This may include performing repayment capability checks and verifying information you provide against third party databases.

(d) All information that Afterpay collects about you or the recipient you nominate for the Third Party Goods, including information collected in connection with the verification of your identity, will be collected, used and stored in accordance with the Afterpay Privacy Policy (https://www.afterpay.com.au/privacy/).

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

(f) As part of our approval process and our assessment as to whether or not you have the means to fulfil your obligation to make payments to Afterpay according to the Payment Schedule, we reserve the right to conduct a pre-authorisation of your Nominated Payment Source. This may involve placing funds in the account linked to your Nominated Payment Source on hold each time you make an online purchase, obtain an Afterpay Card for an in-store purchase or add a new Card to your Afterpay Account.

For online purchases:

(i) the pre-authorisation amount will not exceed your first instalment (plus one cent) owed to us for that purchase; and

(ii) we immediately instruct your bank to void this pre-authorisation transaction.

For in-store purchases:

(iii) the pre-authorisation amount will not exceed 25% of the value of the Afterpay Card (plus one cent); and

(iv) Where an Afterpay Card is obtained but a purchase does not eventuate, we instruct the bank to void the pre-authorisation transaction upon expiry or cancellation of the Afterpay Card.

No funds are received by Afterpay during the pre-authorisation process.

(g) We cannot guarantee the time it takes for your bank to process both the pre-authorisation transaction and our voiding of that transaction.

7. Our Intellectual Property

(a) Our Website and all content on our Website are the exclusive property of Afterpay, Afterpay group companies or other third parties such as our partners. The information on our Website is for information purposes only and is subject to change without notice.

(b) You must not copy, imitate, modify, alter, amend or use without our prior written consent any URLs representing our Website, or any of our content, logos, graphics, icons or other content published on our Website or in our printed media.

8. Complaints and disputes

8.1 Disputes between you and a Retailer

(a) If you have a dispute with a Retailer or Third Party Supplier (as applicable), you should file a dispute through direct contact with the Retailer or Third Party Supplier.

(b) In some instances, Afterpay may facilitate communication between you and the Retailer or Third Party Supplier to enable a resolution to all disputes, the outcome of your disputes with Retailers or Third Party Suppliers will not affect Afterpay’s rights and remedies under this Agreement or your obligation to meet any payments due to us, except as expressly provided in clause 5.

8.2 Disputes between you and us

(a) We:

(i) will acknowledge receipt of all complaints within 1 business day or as soon as reasonably practicable;

(ii) will provide an initial response to all complaints within 10 business days from the date of the complaint; and

(iii) aim to resolve all complaints within 21 days.

(b) If you wish to raise a dispute or submit a complaint to us, you should do so by contacting us using the details listed below. Disputes should be raised with us as soon as possible.

Email: info@afterpay.com.au

Mail: GPO Box 2269, Melbourne, VIC 3001, Australia

(c) We may request additional documentation from you to assist us in resolving any complaints or disputes, and you must provide all reasonable assistance to us to facilitate us in resolving any complaints or disputes.

(d) Where we cannot resolve a dispute within 21 days, we will notify you of the reason for the delay as well as an indication of when we expect to resolve the complaint or dispute.

(e) When we have completed our investigation of your complaint, we will provide you with a written response, which will include:

(i) the outcome of our investigation;

(ii) your right to take your complaint to AFCA; and

(iii) AFCA’s contact details.

(f) There may be some circumstances where (unless otherwise required to do so) we will not provide a written response to you because we have either:

(i) resolved the complaint to your satisfaction within 5 business days; or

(ii) given you an appropriate explanation and / or apology and there are no further actions we can take to reasonably address the complaint.

(g) If you are not satisfied with the outcome of your complaint after it has been through our internal disputes process above, you can contact the Australian Financial Complaints Authority (AFCA) using the contact details listed below.

Email: info@afca.org.au

Website: www.afca.org.au

Phone: 1800 931 678 (free call)

In writing to: Australian Financial Complaints Authority

GPO Box 3, Melbourne VIC 3001

(h) If you have a specific dispute with us that involves a breach of the BNPL Code, you should contact us in the first instance and then contact AFCA, if considered necessary. AFCA may not deal with your dispute unless you have tried to resolve the problem with us first, and either:

(i) We have provided you with a formal response; or

(ii) At least 20 business days (or the timeframe outlined by AFCA) has elapsed since you made your complaint.

(i) In addition to contacting us or AFCA, you can report an alleged breach of the BNPL Code to the CCC. The CCC will not consider your complaint if you are still trying to resolve it with us, or with AFCA. To lodge a complaint with the CCC, you can contact them at CCC-BNPL@afia.asn.au.

9. Notices and Communications

9.1 How we will communicate with you

(a) Other than as set out in (b) below, this Agreement and any other agreements, notices or other communications regarding your Afterpay Account and/or your use of our Products may be provided to you electronically. You agree to receive all communications from us in electronic form.

(b) For personal notice, we may give you notice by:

(i) serving it personally at, or sending it by post to, your nominated contact address listed on your Afterpay Account; or

(ii) sending it to you via other electronic methods of communication using contact details listed on your Afterpay Account (including text messages).

(c) Where a notice is served personally, service of the notice is taken to be effected when delivered. Where a notice is sent by post, service of the notice is taken to be effected on the fourth day after the date of postage. Where a notice is sent by electronic mail, or through other electronic means, service of the notice is taken to be effected on the day after the day on which it is sent, unless we receive notification that delivery has failed.

(d) You consent to us using the contact details you have provided to us to:

(i) contact you on an ongoing basis for marketing purposes whether by email, SMS, phone or otherwise (unless you have notified us that you do not wish to receive such communication); and/or

(ii) contact you in relation to your Afterpay Account, our Products and/or any Third Party Goods you have purchased.

(e) You acknowledge that we (or any third party providing services on behalf of us) may monitor or record telephone conversations or electronic communication for quality control and training purposes or for Afterpay’s own protection. Afterpay does not provide any guarantee that any such monitoring or recording will be retained or retrievable.

9.2 How you can communicate with us

(a) Notices

Except as stated otherwise in this Agreement, notices to us can be given in writing and sent by post or email to:

Afterpay, GPO Box 2269 Melbourne, VIC 3001, Australia;

Email: info@afterpay.com.au

10. General

10.1 System Outages

(a) Access to our Products or our Websites 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.

(b) To the extent permitted by law, and subject to clause 2.2, Afterpay will not be liable for any loss or damage which you may incur as a result of our Products or our Website being unavailable.

10.2 Governing Law and Jurisdiction

(a) This Agreement is governed by the law in force in New South Wales, Australia. Each party irrevocably submits to the non-exclusive jurisdiction of courts exercising jurisdiction in New South Wales, Australia.

10.3 Limiting our liability to you and your liability to us

(a) Our liability to you when statutory guarantees apply

Nothing in this Agreement is intended to exclude, restrict or modify Your Consumer Rights – see clause 2.2. Where you are a consumer, our liability for breach of a statutory guarantee (as referred to in clause 2.2) is limited to (in our discretion):

In the case of a supply of goods:

(i) replacing the goods or supplying equivalent goods;

(ii) repairing the goods;

(iii) paying the cost of replacing the goods or acquiring equivalent goods; or

(iv) paying the cost of having the goods repaired; and

In the case of a supply of services:

(i) resupplying the services; or

(ii) paying the cost of having the services supplied again.

(b) Our Liability to you when statutory guarantees do not apply

(i) Save as set out in (ii) and (iii) below, our liability for all claims arising under or related in any way to this Agreement no matter how arising, and whether in contract, tort (including negligence), or otherwise, will not exceed the total value of any affected Order(s), including any payments and Late Fees;

(ii) We are not liable to you for any loss or damage you or any third party may incur from your purchase or use of any goods or services from a Retailer or a Third Party Supplier. You acknowledge that this is a matter between you and the Retailer or Third Party Supplier, subject to any obligation on us to process refunds and cancel future payments in accordance with this Agreement and our agreement with the Retailer or Third Party Supplier.

(iii) We are not liable to you where your acts or omissions cause or contribute to the loss or damage or where you fail to take all reasonable steps to mitigate the loss arising.

(i) See clause 10.5 for your liability to us where you breach your use of our Products.

(ii) Save as set out in (iii) below, your liability to us for all claims arising under or related in any way to this Agreement no matter how arising, and whether in contract, tort (including negligence), or otherwise, will not exceed the total value of any affected Order(s), including any payments and Late Fees.

(iii) You are not liable to us where our acts or omissions cause or contribute to the loss or damage or where we fail to take all reasonable steps to mitigate the loss arising.

10.4 Indemnification

(a) You are responsible to Afterpay and any related companies of Afterpay to the extent they are involved in the provision of the Products for any loss, costs (including reasonable legal fees), expense or damage they suffered or incurred: (i) in connection with any claim or demand made by any third party due to or arising out of your breach of this Agreement, or your breach of any law or of the rights of a third party relating to your use of our Products or Website; and (ii) as a direct or indirect consequence of unauthorised users accessing your account as a result of your negligence. To the extent that clause 10.4(a) gives rights to a person who is not a party to this Agreement, Afterpay contracts as trustee of the rights given to that person.

(b) Your liability under clause 10.4(a) will be reduced proportionately to the extent that Afterpay, its contractors or agents: (i) caused or contributed to the relevant claim, demand, loss or damage; or (ii) failed to take reasonable steps to mitigate the relevant claim, demand, loss or damage.

10.5 Breach relating to misuse of the Products

(a) You acknowledge that it is imperative that Afterpay be able to rely on:

(i) the information you provide to us;

(ii) the identity that you use; and

(iii) that your use of your Afterpay Account and our Products be for the intended purpose.

(b) You acknowledge that a breach by you of any obligation in this Agreement in relation to the matters in clause 10.5(a) (including, without limitation, a breach of clauses 2.4 or 3.2(b) and 3.2(e) of this Agreement) would cause significant detriment to Afterpay and its related bodies corporate. You agree that monetary damages will not be sufficient to remedy that detriment, or may otherwise be incapable of being ascertained, and irrevocably consent to Afterpay or any of its related bodies corporate seeking and obtaining injunctive relief to obtain relevant documents from you and to prevent such breach, or orders of specific performance to compel compliance, in addition to any other remedies available at law or in equity.

(c) If Afterpay reasonably considers that you have breached an obligation under this Agreement in relation to your identity, the information you provide to us and/or your use of your Afterpay Account and our Products, you agree, on request from Afterpay, to provide Afterpay with copies of all documents, notes or communications in relation to such alleged breach.

(d) This clause 10 survives termination of this Agreement.

Afterpay Plus - User Terms & Conditions

These Afterpay Plus Terms and Conditions (“Afterpay Plus Terms”) govern your Afterpay Plus subscription. Any defined terms contained herein shall have the same meaning as those in the Agreement. If you do not agree to these Afterpay Plus Terms you may not be a subscriber of Afterpay Plus or receive any of the benefits of the Afterpay Plus subscription. The Afterpay Plus Terms shall apply, if necessary, to resolve any disputes between you and Afterpay related to your participation in the Afterpay Plus subscription. Afterpay may amend these Afterpay Plus Terms at any time in accordance with clause 1.3 of the Agreement. If you do not agree to any varied Afterpay Plus Terms, you may cancel your Afterpay Plus subscription in accordance with the process outlined below.

Eligibility

In addition to the eligibility criteria outlined in clause 2.4 above, to be an Afterpay Plus subscriber:

(a) You must have an existing Afterpay Account in Australia for more than 90 days;

(b) You have made at least one successful Afterpay purchase;

For the purposes of paying instalments of Afterpay Plus transactions, you must have a Nominated Payment Source from which Automatic Payments can be taken. You do not need to have an Afterpay Card to apply for Afterpay Plus.

Afterpay reserves the right to approve or deny any application for Afterpay Plus at its sole discretion. If your Afterpay Account is closed in accordance with this Agreement for any reason, your Afterpay Plus subscription will also be terminated, and any consequences of cancelling your Afterpay Plus subscription will apply (see “Cancelling your Afterpay Plus subscription” below).

Payment and Fees

The Afterpay Plus subscription fee is $9.99/month (or an amended fee as notified by us to you in accordance with clause 1.3 of the Agreement). This fee will be charged and payable by you from the date you sign up to Afterpay Plus (and on the same day, or next business day if applicable, each month) and your Afterpay Plus subscription is confirmed by Afterpay via email and in the app. You will be charged this monthly fee using the payment method you selected when signing up for Afterpay Plus. You can update or change your payment method for your Afterpay Plus subscription at any time via your Afterpay Account.

You acknowledge and understand that your Afterpay Plus subscription will automatically renew at the end of each month for a further monthly term and your selected payment method will be charged this monthly fee, unless cancelled by Afterpay or you. Any renewal is non-transferable and non-refundable.

If you fail to make any payment on the due date, you will be provided 7 days to ensure this payment is successful. If the payment is subsequently successful within this period, your subscription will renew from the date you initially signed up or renewed your Afterpay Plus subscription, and not the date the payment was successfully made by you. If the 7-day period has elapsed and you have still failed to make any applicable payment, your Afterpay Plus subscription will be cancelled by Afterpay, and you will lose any associated Afterpay Plus benefits from the applicable month for which the payment relates. With respect to the Afterpay Plus Card, this will revert to an Afterpay Card that can be used for in-store purchases with Retailers who offer Afterpay, as outlined in clause 3.3 above.

Benefits

As an Afterpay Plus subscriber, you will receive access to the Afterpay Plus Card. The Afterpay Plus Card enables you to use Afterpay as a payment method for merchants who accept Apple Pay, Google Pay or Samsung Pay, subject to certain merchant or product exclusions.

Pausing your Afterpay Plus subscription

You may pause your Afterpay Plus subscription at any time within the “My Afterpay” section of the Afterpay app. This will place a temporary hold on your access to Afterpay Plus benefits (including Afterpay Plus Card) from the next monthly payment date and you will not be charged the Afterpay Plus subscription fee for the following monthly term. When your Afterpay Plus subscription is paused, your Afterpay Plus Card will revert to an Afterpay Card that can be used for in-store purchases with Retailers who offer Afterpay, as outlined in clause 3.3 above.

You will be able to select whether you want to pause your subscription for either 1, 2 or 3 months. Your Afterpay Plus subscription can only be paused once per 12 month period, commencing from the previous pause date.

Cancelling your Afterpay Plus subscription

You may cancel your Afterpay Plus subscription at any time within the “My Afterpay” section of the Afterpay app. To avoid any future charges for Afterpay Plus, cancellation must occur prior to the applicable renewal date.

If you cancel after you have made the initial payment to become an Afterpay Plus subscriber or where your subscription has renewed at the end of a term:

(a) You will not be refunded any amounts paid for this Afterpay Plus subscription regardless of whether you have used any Afterpay Plus benefit during this term;

(b) You will continue to receive the benefits of Afterpay Plus for the remainder of the applicable term, but will not have access to any such benefits for the following term. With respect to Afterpay Plus Card, you will lose the associated benefits and the card in your digital wallet will revert to an Afterpay Card that can be used for in-store purchases with Retailers who offer Afterpay, as outlined in clause 3.3 above.

Afterpay may also cancel your Afterpay Plus subscription including, but not limited to, the following reasons:

(a) Afterpay reasonably considers it necessary to do so in order to protect the integrity of our systems or the Products, prevent fraud or limit the risk of money laundering or terrorism financing;

(b) Afterpay reasonably suspects, or is aware, that you are otherwise using Afterpay Plus in breach of these Afterpay Plus Terms, this Agreement or any applicable laws or regulations; or

(c) Afterpay is required or instructed to do so by a regulator, enforcement officer or court of law (including to protect the program in either of the circumstances above).

Once your Afterpay Plus subscription is cancelled, you will not be able to open a new Afterpay Plus subscription for a period of 12 months from the date of cancellation.

Billing Agreement and Automatic Payments

An ‘Automatic Payment’ is a payment of the Afterpay Plus subscription fee through the payment method you have chosen that we will automatically charge when you sign up for Afterpay Plus, and thereafter on a monthly basis. You will have the option to select a payment method when you sign up for Afterpay Plus. You can update or change your payment method at any time via your Afterpay Account.

Subject to the other terms of this Agreement, you hereby expressly consent to, authorise and instruct Afterpay to deduct Automatic Payment amounts from your payment method when you sign up for Afterpay Plus, and on that date each month thereafter (the “Subscription Renewal Date”). You acknowledge that the timing of when your subscription is renewed may vary if your subscription began on a day not contained in a given month (e.g. if you have a monthly subscription and became a paying subscriber on January 31, your payment method would be billed next on February 28).

You are responsible for ensuring that you have sufficient funds available with your payment method to make Automatic Payments on your Subscription Renewal Date. You are liable for any fees or charges imposed by your payment method, except to the extent that such fees or charges arise as a result of our negligence, error or system failure. If any fees or charges are imposed as a result of our negligence, error or system failure, please provide us with a copy of the relevant records, and we will reimburse you for the relevant fees or charges.

DEFINITIONS

AFIA means Australian Finance Industry Association Limited – www.afia.asn.au.

Afterpay, we, us or our means Afterpay Australia Pty Ltd ACN 169 342 947, and can include an Afterpay Affiliate where applicable.

Afterpay Account means an account that Afterpay creates to uniquely identify you and to enable you to use our Products.

Afterpay Affiliate means a related body corporate or related entity of Afterpay, including one in another jurisdiction.

Afterpay Card means the Afterpay card generated using the Afterpay App (linked to the digital wallet on the device on which it is loaded) and authorised for your use to make Your Afterpay purchase in-store or online.

Agreement means this agreement and its schedule, together with any policies and documents incorporated by reference.

BNPL Code means the Code of Practice for Buy Now Pay Later Providers that is available at https://afia.asn.au/AFIA-Buy-Now-Pay-Later-Code-of-Practice.

Card means any Australian card issued by Visa, MasterCard or American Express, excluding Gift Cards and other pre-paid cards.

CCC (or Code Compliance Committee) means the independent committee established by AFIA to monitor and investigate compliance with the BNPL Code.

Code Compliant Member means a member of AFIA that has been approved as a Code Compliant Member by AFIA and is a signatory to the BNPL Code.

Consequential Loss means any loss, damage or costs incurred that is:

(i) indirect or consequential; and

(ii) any loss of revenue; loss of income; loss of business; loss of profits; loss of production; loss of or damage to goodwill or credit; loss of business reputation, future reputation or publicity; loss of use; loss of interest; losses arising from claims by third parties; loss of or damage to credit rating; loss of anticipated savings and/or loss or denial of opportunity other than in respect of any such losses incurred by Afterpay directly in respect of this Agreement.

Consumer Rights has the meaning given in clause 2.2.

Fees means the fees set out in Schedule 1 as amended from time to time in accordance with clause 1.3, including Late Fees.

Cross Border Transaction means an Afterpay Purchase between You and a Retailer in an overseas jurisdiction permitted by Afterpay.

Gift Card means a stored value or prepaid card which, when activated:

(a) can be used to purchase services or merchandise from suppliers;

(b) may not be redeemable for cash;

(d) is marketed solely as a gift card;

(e) is not a component of another financial product; and

(f) prominently displays or permits the prominent display on the card or mechanism either:(i) the expiration date; or (ii) the number of months following purchase that such card or mechanism expires (along with room to write the purchase date on such card or mechanism).

For the avoidance of doubt, Gift Card includes both open loop and closed loop pre-paid cards.

Late Fees mean the fees set out in Schedule 1.

Nominated Payment Source has the meaning given in clause 4.2(a).

Order means a request submitted by you to us, to use an Afterpay Product to pay for goods or services offered by a Retailer (whether on the Retailer’s website or at an in-store location of the Retailer) or to pay for Third Party Goods available through our Websites.

Original Order Value means the total cost of your Order displayed to you by Afterpay in the Afterpay payment window (before any refunds may be applied).

Payment Method means any payment method accepted by Afterpay from time to time.

Payment Schedule means, in relation to an Order, a list of payment amounts that Afterpay is entitled to receive from you, and the relevant due dates of each payment. For the avoidance of doubt, the applicable timezone for all due dates provided as part of a Payment Schedule shall be the applicable timezone in Melbourne, Australia.

Products mean the payment products and associated services offered by Afterpay from time to time.

Retailer means an online or in-store merchant with which Afterpay or an Afterpay Affiliate has a merchant agreement and whose goods or services may be purchased by you using our Products.

Third Party Goods means goods or services supplied by a Third Party Supplier that may be purchased through our Websites using the Products.

Third Party Supplier means our third party supplier of goods and services available through our Websites.

Website means www.afterpay.com, www.afterpay.com.au, www.secure-afterpay.com.au and any other website operated by Afterpay, including the Afterpay App.

You (or Your) means the person identified when an Afterpay Account is created. If:

(a) such person does not exist, or

(b) the name or details are used by someone who is not in fact that person, or

(c) is otherwise provided dishonestly or fraudulently, then You (or Your) means the person who clicks to accept these terms.

SCHEDULE 1

Late Payments

(a) If you fail to pay any amounts according to the Payment Schedule, Late Fees will apply on each payment that is due but not received. For the avoidance of doubt, Late Fees will not be applied until the day immediately following the day that the payment is due.

(b) We may, at our sole discretion, reasonably delay the application of, or waive wholly or partly, any Late Fee. If Late Fees are or may be incurred as a result of Afterpay’s error, please let us know, and we will waive or refund such fees, as relevant.

Late Fee:

Afterpay has introduced caps on Late Fees:

(a) For each Order with an Original Order Value below $40 - the aggregate sum of the Late Fees applied in relation to the Order will not exceed 25% of the Original Order Value;

(b) For each Order with an Original Order Value between $40 and $272 (inclusive) - an initial $10 partial Late Fee if a payment is due from you but not received by Afterpay in accordance with the Payment Schedule, with a further partial Late Fee of up to $7 added seven days after the payment is due if the payment is still unpaid. The aggregate sum of the Late Fees applied in relation to the Order will not exceed 25% of the Original Order Value; and

(c) For each Order with an Original Order Value above $272 – a maximum of $68 (i.e. 4 x $17) of Late Fees may be applied.

For example, a $20 Order will have a maximum of one $5 Late Fee applied, a $108 Order will have up to $27 (25% x $108) of Late Fees applied, and a $500 order will have up to $68 of Late Fees applied (maximum limit). Once the cap is reached, no additional Late Fees will be applied to payments associated with that Order.

Please note: Where the 25% fee cap would be exceeded as a result of the $10 or $7 Late Fee, the amount may be varied such that the total Late Fee amount is within the caps above (i.e. a partial Late Fee). All applied Late Fees are capped at either 25% of the Original Order Value or $68, whichever is less.

Other fees or charges: Nil

DISCLAIMER

Due to changing market forces and other extenuating circumstances that affect product availability, and price stability we reserve the right to withdraw any product we advertise and change prices without notice.

Information contained throughout the web pages and in our database is believed to be accurate and reliable at the time of publishing. There may be misprints, human errors, and omissions. We reserve the right to make changes and corrections in prices, products and specifications without notice.

Images displayed on this website should be regarded as illustrative and informational purpose only. The actual products may not be identical to the images.

APPLICABLE LAW AND JURISDICTION

All purchases are subject to the laws of the Commonwealth of Australia, and where applicable the state of New South Wales. By purchasing products through this site you submit to the jurisdiction of the courts of New South Wales, Australia and Australia and agree that any legal action will only be commenced in these forums.

You agree to comply with the law when using this website or purchasing our products.

OUR CONTENT

The products, the social media pages, the Website and all information, messages, data, software, photographs, graphs, videos, typefaces, graphics, music, sounds, and other material and content contained in the Website and/or our social media accounts, including, without limitation, the logo and all designs, text, graphics, pictures, information, data, software, sound files, other files and the selection and arrangement thereof (collectively, ‘Our Content’) are the property of us and are protected by Australian and international copyright laws.

You agree that skinstitut owns all intellectual property rights in relation to Our Content which arise by operation of legislation, common law or equity, and which includes, but is not limited to the trade marks, copyright, patents, patents pending, know how, trade secrets, names of domains, products, services, brands and services, moral rights, designs, inventions, confidential material, irrespective of whether these items or rights are registered, or capable of registration.

You agree and acknowledge that you have no rights in Our Content and, except where expressly stated otherwise, you agree not to copy, modify, publish, transmit or sell, reproduce, create derivative works from, distribute, perform, display, or in any way exploit any of Our Content, whether in whole or in part, and you agree to indemnify us for any breach in this regard.

GENERAL

If any provision of these terms and conditions is deemed invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these terms and conditions, which shall remain in full force and effect. No waiver of any term of these terms and conditions shall be deemed a further or continuing waiver of such term or any other term, and skinstitut’s failure to assert any right or provision under these terms and conditions shall not constitute a waiver of such right or provision.

FORCE MAJEURE

You agree that we are not liable for any breach of our obligations to you in the event of an act, event or cause, either direct or indirect, that occurs which is beyond our reasonable control, for example, a strike.

Effective as at February 2020

SOCIAL MEDIA COMPETITIONS

From time to time skinstitut may run competitions (“Competitions”) on their social media accounts, including its Facebook and Instagram pages (“Platform/s”). By entering such a Competition and by accepting a prize, you agree to the following Terms and Conditions.

The promoter is skinstitut. Competitions are not in any way sponsored, endorsed or administered by, or associated with, the Platforms.
You agree to release the Platforms from any and all claims and demands arising out of, or in connection with, your participation in any of these Competitions or with any of the prizes offered. You further agree to any rules or guidelines stipulated by the Platform relating to the use of the Platform and your participation in any Competition or similar.
Employees of skinstitut and immediate family members of skinstitut employees and agencies associated with the Competition as the case may be, are ineligible to enter.
For Australian competitions, entrants must be Australian residents and be residing in Australia at the time of the Competition.
skinstitut reserves the right to put any conditions or restrictions on any Competition.
skinstitut will state the method by which winners will be chosen.
To enter a Competition, the entrant must have taken the action requested, as described in the post relating to the specific competition. Only one entry per account is permitted.
The prize will be stated in the post and must comply with Australian law, where applicable. Prizes are not transferable or redeemable for cash and skinstitut reserves the rights to offer substitute prizes. If any prize is unavailable for any reason, The Promoter, in its discretion, reserves the right to substitute the prize with an alternative prize to the equal value subject to any advice from a regulatory body.
Prize winners will be notified on the Platform through which the submission was received. To claim a prize, winners will be asked to provide contact details in a manner specified by The Promoter.
If for any reason whatsoever a prize winner does not redeem a prize or an element of a prize by the time stipulated in these Terms and Conditions or otherwise made known by skinstitut, then the prize or that element of the prize will be forfeited by the prize winner and cash will not be awarded in lieu.
If a prize is unclaimed, it will be awarded to the entrant who submitted the next best response (as determined by The Promoter in its absolute discretion). The process will be repeated for every subsequent winner. The prize remains the property of skinstitut until it is collected by the final winner.
In the event of any dispute regarding the administration, rules, results and all other matters relating to a Competition, the decision of The Promoter shall be final and no correspondence or discussion shall be entered into.
skinstitut, in its sole discretion and subject to any prohibition by law to do so or any written direction from a regulatory authority, may cancel a Competition at any time or disqualify an entrant. Entries that are not genuine or are incomplete, late or in any way fraudulent or deemed to be inappropriate or unacceptable for any reason by The Promoter will be declared void.
skinstitut reserves the right to reproduce names, photographs, material, comments and feedback provided by entrants in promotional material including but not limited to website, brochures and other online channels.
All entries must be original to and created solely by the entrant. All entries and all copyright and other rights in such entries and/or other materials become the property of skinstitut and will not be returned. Each entrant agrees to provide a written assignment of all rights to The Promoter if requested. By submitting an entry and any other materials (save for any personal information) to The Promoter in connection with a Competition, each entrant:
a) specifically authorises The Promoter to use and/or license third parties to use such entry in whole or in part, in perpetuity in or on any and all media, whether currently in existence or developed in the future, and alone or together or as part of other information, content and/or material of any kind or nature;
b) represents and warrants that all elements contained in the entry or other material:
are original to the entrant and fully cleared for use as contemplated in these Terms and Conditions;
do not and will not, in any way, violate or breach any of the terms of any other agreement the entrant may be a party to;

iii. do not contain defamatory, tortious or otherwise unlawful, untrue or inaccurate information, infringe or violate any copyright or other right; or contain any matter the publication or sale of which will violate any law;

are not obscene or likely to cause offence;
are not in any way cruel or abusive; and
will not require The Promoter to pay or incur any sums to any person or entity as a result of The Promoters’ use or exploitation of the same, and
c) unconditionally and irrevocably consents to any act or omission which would otherwise infringe any of their moral rights in the entry and waives all moral rights in the entry that arise outside Australia;
d) warrants that where the submission contains the image, likeness or any identifying characteristic of another person, the entrant has received express consent from those other people to be included in the submission. The entrant indemnifies The Promoter of any breach of this warranty and for any breach of privacy legislation.
Except for any liability that cannot by law be excluded, skinstitut, its related corporations and associated agencies (and any of their personnel) exclude all liability for any loss (including any damage, claim, injury, cost or expense) which is suffered or incurred by any entrant (including a winner) in connection with any competition, including, without limitation:

(i) any indirect, economic or consequential loss; (ii) any loss arising from the negligence of The Promoter, its related corporations and associated agencies (and any of their personnel); and (iii) any liability for personal injury or death. No responsibility will be taken by The Promoter or its authorised agents for entries ineligible due to technical reasons or any other reason.

Any personal information collected in the administration of a competition will be handled in accordance with skinstitut’s Privacy Policy which is available on its website.
Competitions and these Terms and Conditions shall be governed by and construed in accordance with the laws of Australia.
Subject to statutory restrictions, skinstitut may amend these Terms and Conditions at its absolute discretion.

Mobile Terms of Service

Skinstitut

Last updated: June 5, 2022

The Skinstitut mobile message service (the "Service") is operated by Skinstitut (“Skinstitut”, “we”, or “us”). Your use of the Service constitutes your agreement to these terms and conditions (“Mobile Terms”). We may modify or cancel the Service or any of its features without notice. To the extent permitted by applicable law, we may also modify these Mobile Terms at any time and your continued use of the Service following the effective date of any such changes shall constitute your acceptance of such changes.

By consenting to Skinstitut’s SMS/text messaging service, you agree to receive recurring SMS/text messages from and on behalf of Skinstitut through your wireless provider to the mobile number you provided, even if your mobile number is registered on any state or federal Do Not Call list. Text messages may be sent using an automatic telephone dialing system or other technology. Service-related messages may include updates, alerts, and information (e.g., order updates, account alerts, etc.). Promotional messages may include promotions, specials, and other marketing offers (e.g., cart reminders).

You understand that you do not have to sign up for this program in order to make any purchases, and your consent is not a condition of any purchase with Skinstitut. Your participation in this program is completely voluntary.

We do not charge for the Service, but you are responsible for all charges and fees associated with text messaging imposed by your wireless provider. Message frequency varies. Message and data rates may apply. Check your mobile plan and contact your wireless provider for details. You are solely responsible for all charges related to SMS/text messages, including charges from your wireless provider.

You may opt-out of the Service at any time. Text the single keyword command STOP to Skinstitut or click the unsubscribe link (where available) in any text message to cancel. You'll receive a one-time opt-out confirmation text message. No further messages will be sent to your mobile device, unless initiated by you. If you have subscribed to other Skinstitut mobile message programs and wish to cancel, except where applicable law requires otherwise, you will need to opt out separately from those programs by following the instructions provided in their respective mobile terms.

For Service support or assistance, text HELP to Skinstitut or email skin@skinstitut.com.au.

We may change any short code or telephone number we use to operate the Service at any time and will notify you of these changes. You acknowledge that any messages, including any STOP or HELP requests, you send to a short code or telephone number we have changed may not be received and we will not be responsible for honoring requests made in such messages.

The wireless carriers supported by the Service are not liable for delayed or undelivered messages. You agree to provide us with a valid mobile number. If you get a new mobile number, you will need to sign up for the program with your new number.

To the extent permitted by applicable law, you agree that we will not be liable for failed, delayed, or misdirected delivery of any information sent through the Service, any errors in such information, and/or any action you may or may not take in reliance on the information or Service.

We respect your right to privacy. To see how we collect and use your personal information, please see our Privacy Notice.

I have read and agree to SkinInstitut's Terms and Service and Privacy Policy.