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Last Updated: 5 June 2023
PART 1 – GENERAL RULES
Prohibited/Restricted Goods and Services
In addition to the categories of goods sold and businesses prohibited from using Stripe overall, the following categories are prohibited from using Afterpay/Clearpay:
- Gift cards, open loop cards or reloadable debit cards, payment cards that can be used at any location that accepts cards authorized by the payment card’s network, cash, or cash equivalents;
- Goods or services that infringe third-party Intellectual Property, including (without limitation) counterfeit goods and pirated content;
- Dangerous goods, being goods that cause damage, harm or injury, including (without limitation), recreational drugs or derivatives from drugs (chemical or herbal), psychoactive substances, equipment to facilitate drug use, weapons, ammunition, explosive materials and fireworks, instructions for making explosives or other harmful products, tobacco e-cigarettes, and vaping products;
- Adults goods, online streaming services and other content formats deemed offensive or of a sexual nature;
- Alcoholic beverages;
- Gambling or gambling-related content;
- Prescription drugs, regulated products, illegal drugs and testosterone boosters or sexual enhancement products;
- Products that enable dishonest behavior, including (without limitation) hacking software or instructions, fake documents and academic cheating products;
- Services, in the following categories: No-value-added services; “Experiences”; Financial services; Ticketing services; Software services; Health services; Auto services; Cleaning services and Other personal services;
- Without limiting the above, any goods or services which are required by law to be sold to Customers over 18 years of age.
The following categories are restricted from using Afterpay/Clearpay and require you to comply with additional underwriting, due diligence and/or conditional approval requirements of Afterpay/Clearpay.
- Merchants selling B2B Goods
- Goods as a service
- Digital goods
- Services (intangible Goods)
- Hype or high demand / low supply products
- Subscription Products
Category of Goods Sold
- appliances and/or whitegoods
- audio and/or visual equipment
- beauty treatments
- costume shops and/or costumers (highly seasonal)
- electronics including (without limitation) mobile phones, computers/laptops, tablets, drones and televisions
- fitness and/or gym equipment
- flash sale business models
- food (if perishable)
- furniture (large and/or functional)
- health services and/or other personal services
- human hair, hair extensions and/or cosmetic wigs
- jewelry and/or watches
- musical instruments
- live animals
- precious metals
- ticket sales, events and/or experiences
- video game credits
- militarized products, armored goods and/or clothing (for tactical purposes)
- pseudo medicals, pseudo pharmaceuticals and/or nutriceuticals
Use of Afterpay/Clearpay.
You must not provide customers or Afterpay/Clearpay with any information about Afterpay/Clearpay that is false, misleading or inaccurate or make any warranty or representation to customers regarding Afterpay/Clearpay.
You can’t impose fees or higher prices for Afterpay/Clearpay purchases or act unfairly towards Afterpay/Clearpay, including but not limited to by rejecting a valid request for refund or return.
Afterpay/Clearpay is not responsible for damage caused to goods or services during the delivery or supply of such goods or services. Customers will have all rights available to them under Law relating to lost or damaged goods.
You must provide accurate and complete information relating to Transactions and disputes to Stripe and Afterpay/Clearpay.
You must deliver all goods or within a reasonable time which in no event shall exceed 14 days from the date the order is made.
You must not accept payments for any Transactions on behalf of Afterpay/Clearpay.
If a customer makes any Transaction payment directly to you instead of Afterpay/Clearpay, you will hold such payment, notify Stripe, and provide any requested information regarding the payment and the related Transaction.
You are solely responsible for the nature and quality of the goods and services you provide (or if it accepts donations, the intended use of those donations), and for Transaction receipts, delivery, support, refunds, returns, and for all other ancillary services you provide to customers.
Returns and Cancellations.
Where you accept a return, you will notify Stripe within 3 business days following your acceptance of the return. You won’t prevent any customer from exercising their return rights relating to a Transaction. If you cancel a customer’s order before delivery, you will notify Stripe via your Stripe dashboard. You will maintain and make available to customers a fair and neutral refund and exchange policy, and clearly explain the process by which customers can receive a Refund.
Disputes and Non-Delivery. Where there is any dispute in relation to your acceptance of a Return for any Goods and/or the Refund, you or Stripe shall notify PSP as applicable. Subsequently Stripe will liaise with you to resolve or alternatively Stripe may allow Afterpay/Clearpay to liaise with you directly to resolve such dispute. Where Customers refuse to pay Afterpay/Clearpay on the basis that Goods have not been delivered in accordance with these Scheme Rules, Afterpay/Clearpay shall request proof of delivery of such Goods from you (directly or via Stripe). Where Aferpay/Clearpay liaises with you directly in respect of Customer complaints or disputes, Afterpay/Clearpay may request additional documentation from you to assist in resolving such complaints or disputes and you must provide all reasonable assistance to Afterpay/Clearpay to facilitate attempts to resolve any complaints or disputes. Where proof of delivery is not provided by you to Afterpay/Clearpay or you does not otherwise demonstrate to its reasonable satisfaction that the Goods were delivered to Customers within 3 Business Days of Stripe/Afterpay’s request, Stripe may withhold amounts relating to such Goods in accordance with the Stripe Services Agreement.
Intellectual Property. Afterpay/Clearpay grants you a non-exclusive and non-transferable limited license to use and reproduce the Afterpay/Clearpay logo in connection with your display of Afterpay/Clearpay on your website, in accordance with the Marketing Compliance Guide. You will stop using the Afterpay/Clearpay logo for these purposes promptly following Afterpay/Clearpay’s request. You acknowledge and agree that this license does not extend to its use of the word and/or trademark “Afterpay” in the United Kingdom or European Union, where it shall only make reference to the word and/or trademark “Clearpay”.
Marketing and Promotion. Your marketing and promotion of Afterpay/Clearpay to customers must comply with Law and the Marketing Compliance Guide.
By offering Afterpay/Clearpay, you also grant Afterpay/Clearpay a non-exclusive and non-transferable limited license to use your legal or trade name for servicing your customers and for marketing your offering of Afterpay/Clearpay to existing or potential customers on Afterpay/Clearpay owned or controlled channels, such as Afterpay/Clearpay’s mobile application, website, email marketing, and social media channels. Afterpay/Clearpay will stop using your legal and trade name for these purposes promptly following your request.
Any marketing or promotion of Afterpay/Clearpay beyond what is contemplated in the Marketing Compliance Guide will require a separate agreement between you and Afterpay/Clearpay.
Use of Afterpay Marks. Other than the use of Afterpay/Clearpay Marks as expressly permitted in the Marketing Compliance Guide, you may not use Afterpay/Clearpay Marks without Afterpay’s consent. Afterpay/Clearpay retain all IP Rights in their Marks, and you must not contest Afterpay/Clearpay’s IP Rights in their Marks. Following termination of your use of Afterpay/Clearpay, you must remove all Afterpay/Clearpay Marks from your website.
Representations and Warranties. You represent and warrant that: (a) you will not knowingly do anything that interferes with Afterpay’s collection of a customer’s repayment of Transaction amounts, (b) you don’t know or have reason to suspect any fraudulent or suspicious activity relating to the Transaction, (c) the Transaction represents a bona fide sale of the goods or services in the ordinary course of your business, (d) you have delivered or arranged for delivery of the goods or services involved in the Transaction in compliance with these Payment Terms, (e) the goods and services comply and conform with all terms, conditions and any warranties (express or implied) applicable to the Transaction, (f) you will comply with Applicable Law as it relates to your goods and services and your use of Afterpay/Clearpay, (g) the purchase and your terms and conditions associated with the Transaction comply with Applicable Law; (h) you will (to customers) accurately communicate and not misrepresent the nature, amount and currency of each Transaction prior to submitting it for processing; (i) you will not provide any information to Afterpay/Clearpay that is false or misleading; (j) you will not provide any information to Customers regarding the PSP Services, including but not limited to the availability of the Services available to Customers outside of Permitted Territories; (k) you will not engage in any activity that is illegal, fraudulent, deceptive or harmful; (l) you will not proceed in any Transaction if you know or should have known that the Transaction was fraudulent, not authorized by the Customer, or illegal in your or your customer’s jurisdiction; and (m) you will use Afterpay/Clearpay for bona fide commercial transactions (which must be free of liens, claims, and encumbrances other than ordinary sales taxes) for the sale of goods or services to, or other act with, customers.
In the event any Transaction or your conduct in relation to such Transaction are in breach of these representations and warranties, you may be required to reimburse Afterpay for the associated sales prices and shipping costs of that Transactions that Afterpay cannot recover from a Customer in connection with that Transaction.
Information. You will provide all reasonably requested information necessary to assist Afterpay/Clearpay in complying with their obligations under Law.
Termination and Suspension. In addition to the termination and suspension rights included in the Stripe Services Agreement, Afterpay/Clearpay has certain additional rights to suspend or terminate your use of Afterpay/Clearpay, such as for breach of the prohibited business categories listed above or for high dispute rates that aren’t promptly remedied, you enter an Insolvency Proceeding, or you violate Applicable Law or these Payment Terms.
PART 2 – SPECIFIC RULES
1. UNITED STATES
Some or all of Afterpay’s obligations may be provided by Afterpay US Services, LLC or such other of its affiliates as Afterpay may determine.
2. UNITED KINGDOM
Your marketing and promotion of Clearpay to customers must comply with Law and the Marketing Compliance Guide. Any marketing or promotion of Clearpay beyond what is contemplated in the Marketing Compliance Guide will require a separate agreement between you and Clearpay. This is also necessary to ensure compliance with Law, including financial promotions laws under section 21 of the UK’s Financial Services and Markets Act 2000 and the UK Financial Conduct Authority’s rules in relation to the publication of such financial promotions.
Your use of Afterpay is for business purposes and not for personal, family or household purposes. The arrangement for the sale by you to customers of any goods is a separate consumer contract between you and each customer and the customer’s rights and remedies as a consumer in respect of that sale by you (including any return of those goods) are solely between you and the customer.
Without Afterpay’s prior written consent, you must not sell as part of a Transaction any goods or services to customers located or residing in the province of Quebec. You will not make any warranty, representation or statement to any customers located or residing in the province of Quebec that Afterpay is available for their use. You are not required to take any technological measures to prevent customers located or residing in the province of Quebec from making Transactions using Afterpay.
You must not impose a surcharge on a customer for using Afterpay.
5. NEW ZEALAND
Some or all of Afterpay’s obligations may be performed by a related company of Afterpay from time to time.
You must not impose a surcharge on a customer for using Afterpay.