Clearpay

Last Updated: 2 November 2021

Consumer Terms & Conditions

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Introduction

1. Our relationship with you

Welcome to Clearpay! Our full name is Clearpay Finance Limited, and our company number is 05198026. We have a registered office at 101 New Cavendish Street, London, W1W 6XH.

These terms and conditions apply to you when:

• you ask us to finance your purchase of goods or services offered by our retailers (this is an “Order”); and

• we provide you with a credit plan which sets out the rules of us providing you finance under each Order (this is a “Clearpay Plan”).

We may reject an Order or cancel an Order and a Clearpay Plan before the goods or services are supplied to you by our retailer if we have good reasons. See clause 8 for examples of good reasons.

Clearpay is available for UK residents (excluding Channel Islands) aged 18+. See clause 3 for full eligibility criteria.

It’s important to note that other terms may also apply when using our services. These include:

• Website Terms: These terms set out how to use our website, App and interact with any social media.

• Privacy Policy: This is an important document that sets out how we will store and use your personal information.

• Product Terms: Other terms may apply when you use other services offered by us. If other terms apply, we will provide them to you or tell you where to find them.

Together these documents form a legal agreement between you and us and we will collectively call them the “agreement” throughout this document.

Important to know!

Please use Clearpay responsibly. Using us to pay for goods or services in instalments is a form of interest free unregulated credit. It’s important that you pay us on time otherwise you may incur late payment fees. We may charge a £6 late fee for each late instalment and for Orders over £24, we may charge a further £6 if the instalment is still unpaid 7 days later. For Orders over £24, late fees are capped at the lower of £24 or 25% of the purchase price of the Order. Missed payments may affect your ability to use us in the future and we may pass unpaid debt to our debt collection agency. You can read more about this at clauses 17 and 18 below.

If you want more information on our services or can’t find what you are looking for in the agreement, you might find it useful to read our FAQ. However, please note that these are for information purposes only and do not form part of our agreement with you.

If there is something you don’t understand in the agreement, please get in touch. If there is something you don’t agree with, unfortunately we won’t be able to provide you with a Clearpay Plan.

Changing these terms and conditions

You can find out more information about how we change these terms and conditions in clause 29 below. We may update our terms from time to time so please check-in regularly.

2. What is Clearpay?

We are a ‘buy now pay later’ company that allows you to buy goods or services offered by our retailers online or in stores including overseas retailers in countries approved by us. Our list of retailers is on our website.

We provide services to you mainly through our website and app although we do provide our services in other ways. For example, (i) when you make purchases in retailers’ stores, you use our virtual Clearpay Card added to a digital wallet such as Apple Pay or Google Pay; or, (ii) when you make In-app purchases at our retailers, you use our virtual single-use Clearpay Card, the details of which will be populated at checkout. You can find out more information below on how our Clearpay Card works.

By entering a Clearpay Plan, you instruct us to pay the retailer in exchange for you repaying to us the agreed amounts in instalments, on the dates set out in your payment schedule in each Clearpay Plan. The amounts will include the cost of the goods or services, shipping costs and any taxes or amounts charged by a retailer. We will send you a copy of each Clearpay Plan by email.

For any purchases you make in-store using the Clearpay Card, you might want to add a tip for the retailer. See clause 10 for information on how this works with a Clearpay Plan.

Each Clearpay Plan is a separate short-term fixed sum loan agreement where we lend you a fixed amount of credit to allow you to pay for your purchase over 4 instalments due every 2 weeks under the payment schedule for each Order. Clearpay Plans are not regulated by the Financial Conduct Authority.

Your Account

3. How do I open an account /eligibility criteria?

To place Orders and enter Clearpay Plans, you must register with us for an account.

To register for an account and be eligible to use our services, you must be a UK resident (excluding Channel Islands), aged 18 or over, have a UK payment method (e.g., debit or credit card or any other card accepted by us), a UK billing address and a valid email address and UK mobile number. We’ll ask you for information about you to check your identity and to meet our legal and regulatory requirements. We’ll only register your account when we have approved the information. To find out how we use your personal information, please see our privacy policy.

You can create an account by visiting our website or we can create an account for you when you place your first Order. When your account is set up, you’ll choose a payment method for the instalment payments (e.g., credit or debit or other payment card or method accepted by us such as Apple Pay).

Our services are for your personal non-business use, and you are limited to opening one account (if we’ve closed your account, you’ll be prevented from creating a new one).

4. Keeping your account safe and secure

When your account is created, you will be asked to set up a username and secure password. You can then access your account through our website or app. You need to keep your security details, account, and our Clearpay Card safe and secure. This means you shouldn’t share your security details with anyone, and you should be careful when writing your security details down so that other people cannot see or access your security details. You should also log out of your account on your electronic device when you have finished using your account.

We are not responsible for any unauthorised use or access of your account unless we have failed to take reasonable steps to prevent such unauthorised use or access. You must contact us immediately if you notice any unauthorised access or use of your account.

5. How to use your account?

There are certain things you must do and not do when having an account with us. For example:

• act responsibly when using us to buy goods or services;

• pay your instalment payments on time;

• provide to us your identity documents when reasonably requested by us;

• keep your contact details accurate and up to date;

• help us to investigate any illegal or unapproved activity on your account;

• don’t provide us with any false, inaccurate or misleading information;

• don’t use your account for illegal purposes (such as fraud) or activities that are not approved by us;

• don’t allow other people to use your account, the Clearpay Card in your digital wallet or access your security details;

• don’t open or use more than one Clearpay account; and

• don’t do anything to harm our systems or prevent us from providing our services.

6. What happens if something goes wrong with my account or the services?

We’ll try our best to make sure that our services and your account are available and accessible at a reasonable speed, however we can’t promise that this will always be the case, or our services will always be free from problems. If there are problems with our services or your account, we’ll work to solve any problems as soon as possible. We’re not responsible for your losses if our services or your account are unavailable or inaccessible.

7. How do I close or deactivate my account?

You can request to close or deactivate your account at any time via the app. To do so you’ll need to pay us all amounts you owe us under a Clearpay Plan (including late fees) immediately. We’ll also need to make sure that all complaints or refunds owed to you have been sorted.

Closing your account permanently removes access to your profile, purchase history and your account information via the app and web portal. This means that you will no longer be able to make any new purchases or make changes to your account. You may still be able to view your account details and obtain your transaction history by contacting us. Clearpay will retain your information in accordance with our Privacy Policy (available on the Clearpay website) and any applicable law, rule or regulation. You may not close your account to evade an investigation.

You may deactivate your account which means you won’t be able to use your account for new purchases but you will still have access to your profile, purchase history and your account information via the app and web portal. You can re-activate your account at any time via the app.

8. When can you suspend or close my account?

We may suspend or close your account if we have good reasons.

Good reasons include:

• to protect our systems, technology and services from harm;

• to prevent illegal activity such as fraud;

• to reduce the risk of money laundering or terrorist financing;

• to protect us from legal or regulatory risks or non-payment risk by you;

• if you break our agreement in a serious or persistent way including by not making payment on the instalment due dates or giving us false or inaccurate information;

• if we think any Order or your behaviour is suspicious;

• if you use our services for purposes or activities that are not approved by us;

• if you do not pass our identity or pre-authorisation checks; or

• if we have to under any law, regulation, court order or instructions from a regulatory authority.

• if you fail to make repayment on time.

We’ll use our best efforts to provide written notice to you before closing your account except where notifying you would be unlawful or reduce our security measures. Where we close your account, you’ll need to pay us all amounts you owe us under a Clearpay Plan (including late fees) immediately.

9. What happens after my account is closed?

Where your account has been closed for any reason, yours and our obligations under these terms and conditions will continue until all Orders and Clearpay Plans entered before account closure are completed and all complaints and refunds are sorted. Closing your account will also end any other agreements you have with us.

Orders, Payments and Billing

10. How do I place an Order?

Online purchases

You need to choose the goods or services you want to buy from a retailer online and follow the retailer’s instructions to arrange for your Order to be placed with us.

Store purchases

You can place Orders using the Clearpay Card from retailers who offer Clearpay in stores. The Clearpay Card is a virtual card, added to a digital wallet, such as Apple Pay or Google Pay that Clearpay permits you to use when shopping in stores with our retailers.

To use the Clearpay Card, you need to first download our app and add the Clearpay Card to a digital wallet by following the instructions in our app. When you are ready to purchase goods or services in a store, open our app to the ‘Card’ tab and follow the instructions in the app to make purchases from retailers up to an estimated available to spend amount shown in the app. This is the estimated amount you can spend with your account. This amount is not guaranteed and may be different if you shop with certain retailers who set their own limits on how much you can purchase using Clearpay.

For any purchases you make in-store using the Clearpay Card, you might want to add a tip for the retailer. If you decide to add a tip to your in-store purchase, the total amount and the instalment amounts set out in the Clearpay Plan we initially send to you will be an estimate only based on the best information we have at the time of your purchase. The actual total amount and instalment amounts may be more or less depending on the final purchase amount that is confirmed to us by the retailer, including the amount of any tips you have made. We will email you a final payment schedule to supplement your Clearpay Plan after you complete your purchase, setting out your actual total amount and instalment amounts. If the amount of your tip causes you to go over the estimated amount available to spend, we will pause your ability to make any further Clearpay purchases until you are able to repay that excess amount.

The Clearpay Card can only be used by you. You may be asked to set up a PIN for your use of the Clearpay Card. You must keep your security details, PIN, and the Clearpay Card safe and secure from theft, fraud, and unauthorised use. If your phone or device on which the Clearpay Card is loaded is lost or stolen, please contact us immediately.

In-app purchases using a single-use Clearpay Card

You need to choose the goods or services you want to buy from a retailer in the Clearpay app, select “pay by debit or credit card” and click “Buy/Shop now. Pay later”. If you are approved by Clearpay, we will authorise you to use a single use card issued to Clearpay to pay for your purchase, the details of which will be populated by us into the retailer´s checkout process. You must click confirm to proceed with your purchase.

Please remember that the Clearpay Card is not your card. It is our card that is generated using our App and linked to the digital wallet on your phone or other electronic device. You are an authorised user of our card. Each time you place an Order in stores, you authorise payment with the Clearpay Card where we pay for the purchase to the retailer, and you repay us in 4 instalments which are set out in a Clearpay Plan.

11. When do you approve an Order?

We may perform pre-authorisation checks on your UK payment method before we agree to finance your purchase to make sure you can afford the Clearpay Plan. We may do this for all payment methods listed in your account.

A pre-authorisation check is where money in your bank account linked to your payment method is temporarily placed on ‘hold’ when you make an online purchase or use our Clearpay Card for store purchases. This amount will not exceed the total amount of your first instalment plus 1p owed to us under a Clearpay Plan. No money is taken from your account at this stage.

For online purchases and In-app purchases using a single-use Clearpay Card, we will notify your bank to cancel the pre-authorisation after the pre-authorisation is processed. For store purchases, we will instruct your bank to cancel the pre-authorisation if the purchase does not happen using our Clearpay Card. We cannot promise the time it will take your bank to cancel the pre-authorisation and release the amount. In most cases, banks will release the amount within a few hours of the pre-authorisation being cancelled by us. However, sometimes banks take up to 14 days to release money. We have no control or influence over your bank releasing any amounts under a cancelled pre-authorisation.

If we approve your Order, we will provide you with a Clearpay Plan by email confirming your Order and your payment schedule. The payment schedule will set out a repayment plan of 4 instalments and the relevant due dates of each instalment which you agree to pay in full. We will finance the purchase price set out in the Clearpay Plan by paying that amount to the retailer for you. Please note that we cannot promise that a retailer will complete the Order and provide the goods or services financed under a Clearpay Plan.

We may reject an Order or cancel an Order and a Clearpay Plan before the goods or services are supplied to you by our retailer if we have good reasons. Please see examples of good reasons above.

If we cancel an approved Order and Clearpay Plan, we will refund you all the amounts you have paid us to your payment method (or if that is not possible, any other UK card listed in your account) and cancel any future automatic payments related to that Clearpay Plan. If we also cancel a Clearpay Plan because a chargeback has been issued on the first instalment, that payment will not be refunded to you by us. Any return of money for that first instalment will be between you and your bank. In this situation, the retailer will not have to provide the goods or services unless required to by law.

A chargeback is where you challenge a transaction on your account and ask your bank to reverse the transaction charge.

12. Can I buy goods or services from retailers outside the UK? (Cross Border Trade)

You can use your account to buy goods or services from retailers overseas in certain countries that we have approved. Once you have chosen the goods or services that you want to buy from an overseas retailer, we will convert the purchase price into UK sterling using a retail exchange rate chosen by us, acting reasonably. We’ll confirm the final purchase amount (including the exchange rate to be applied) and instalments payable by you under a Clearpay Plan. The exchange rate used will change regularly to reflect the currency fluctuations in the foreign exchange market. We’ll not charge you any set up fees or foreign exchange commission to perform the exchange conversion to UK sterling; however, we may make a margin on any exchange conversion, which may be considered an indirect cost to you. The margin is the difference between the wholesale exchange rate that we may be able to obtain for the foreign currency and the exchange rate that we provide as part of the foreign exchange transaction. We’ll confirm the final amount and instalments payable by you under a Clearpay Plan. Repayments will always be taken from your payment method in UK sterling.

13. Can I buy gift cards on your website or app?

Where we approve an Order, and you enter a Clearpay Plan for the purchase of gift cards from third parties on our website or app, additional terms and conditions will apply. These will be notified to you at the time of your purchase. Please read all third-party terms and conditions before you place your Order for a gift card. Yours and our obligations and rights under this agreement in respect of Orders and Clearpay Plans with retailers will apply in the same way to your purchases of gift cards from third parties on our website or app.

14. How do I pay you under a Clearpay Plan?

When your account is being set up, you can choose a payment method. You can also change your payment method or add other payment methods at any time through your account.

Each time you make an approved Order, we will issue you with a Clearpay Plan where you agree to a payment schedule which sets out the amount you have borrowed from us and your repayments to us in instalments on specific dates. You must make all payments on time under the payment schedule. The first instalment is due when your Order is approved. We may allow payment schedule dates under a Clearpay Plan to be extended subject to certain conditions as set out in your account portal or as agreed with our customer servics team on an individual basis. Where we agree to this, we will update the relevant Clearpay Plan in your account.

In addition to the above, all customers have the option to delay up to three (3) payment dates by seven (7) days per calendar year subject to the conditions as set out below. We reserve the right to update these conditions in accordance with clause 29 of this agreement.

The conditions are that you cannot delay:

• more than one (1) payment in each Clearpay Plan

• the first or last payment of a Clearpay Plan

• an overdue payment (including any payments you have delayed that subsequently become overdue)

• a payment within 24 hours of an instalment payment date

• a payment if your Clearpay account is less than 42 days old

• a payment if you are on a hardship programme

• a payment with restricted merchants who have disabled this benefit.

In addition, you can also select your preferred payment day via your account portal on which all payments due under a future Clearplay Plan will be paid. Where you make use of this option, this is subject to the following conditions:

•You may only use this option for future Orders and cannot change the payment schedule dates for any existing Orders.

• You may only select weekdays (Monday to Friday) as your preferred payment day

• You may not exercise this option if if you have any existing overdue payments

• This option does not apply to any individual payment arrangements agreed between you and the customer service team.

By entering a Clearpay Plan, you authorise us to automatically deduct payments from your payment method for the instalments set out in a payment schedule for each Clearpay Plan on the due dates under a CPA. You can cancel a CPA at any time by contacting your bank but if you do cancel a CPA, you will still owe us the instalment payments under a Clearpay Plan and you will need to make the payments by a different method.

A CPA means a continuous payment authority. It is a one-time or regular automatic payment where you give us permission to take money from your debit or credit card account to pay the instalments owed on the scheduled dates under a Clearpay Plan.

You need to make sure that you have enough money in your bank account to make the automatic payments under the payment schedule in the Clearpay Plan. You are responsible for any fees, interest or other charges imposed by your bank in line with the terms and conditions of the agreement between you and your bank, except if they were imposed due to our error.

If an automatic payment fails, for example, because your debit or credit card has expired, we may take payment from another payment method listed on your account. We may make multiple attempts on each payment method listed on your account at any time. We may also offset any money you owe us from any money we owe you (e.g., refunds) or take any other legal action. If our attempts to take payment fail, late fees may apply unless you make the payment by the instalment due dates.

15. Can I repay a Clearpay Plan early?

You have the right to repay a Clearpay Plan early in part or full at any time through your account on our website or app.

16. Do you charge interest?

Clearpay Plans are interest free. However, your bank may charge interest or other charges in accordance with the terms and conditions of the agreement between you and your bank.

17. Do you charge late fees?

We only charge late fees if you do not pay on time. The late fees charged are:

• Orders less than £24: We may charge one late fee of £6 if you do not pay an instalment under a Clearpay Plan by the due date.

• Orders equal to or more than £24: We may charge a late fee of £6 if you do not pay an instalment under a Clearpay Plan by the due date and a second late fee of £6 if the instalment is still unpaid 7 days after the due date. The total late fees that may be applied to an Order are capped at 25% of the purchase price of the Order (before any refunds are applied) or £24, whichever is less.

All late fees are payable by you at once. Late fees will not be applied until the date after the day that payment is due. You authorise us to deduct payment from your payment method for any late fees when they are due.

We may delay or decide not to charge late fees. If we do not enforce our rights against you for late fees, this will not stop us enforcing those rights at a later date. If you think late fees have been charged in error, please let us know. If you’re finding it difficult to pay a Clearpay Plan, please see clause 19 below.

18. How we manage late payments

We’ll contact you as soon as we can to let you know that you have missed a payment and propose options for how payment can be made. We will work with you to agree a repayment plan for the Orders and any late fees.

If we are unable to collect any amounts you owe us, we may use a debt collection agency to recover amounts owing under Clearpay Plans.

19. What if I cannot pay a Clearpay Plan on time or I am struggling financially?

If you are not able to pay us on time, please contact us as soon as possible so we can help you. Please click here for more information on financial difficulties.

Refunds and Cancellations

20. How do I request a refund?

If you want to return goods to a retailer and request a refund, you need to contact the retailer and arrange the return and refund according to the retailer’s terms and conditions, policies or your consumer law rights.

You can notify Clearpay of a return to stop payments and avoid a late payment fee. You can find out more information in clause 21 below.

Unless either (i) you cancel the contract of sale with the retailer; or (ii) we are notified by a retailer that a return and refund is in progress; we’ll continue to process any automatic payments in accordance with the dates set out in your payment schedule.

Until whichever is the earlier of: (i) such time that you cancel the contract of sale with the retailer; or (ii) such time that the retailer has confirmed the return of the goods and has notified us of the amount of the refund for those goods; you will remain responsible to us for the full payment of your payment schedule.

Once the retailer has notified us of the amount of the refund due to you for the goods returned, we will, on the same day, make the consequent adjustment to your payment schedule. If you have returned all the goods financed under the Clearpay Plan, we’ll end that payment schedule and issue a refund of any instalments you have paid to your payment method. If you have not returned all the goods financed under the Clearpay Plan, or if the retailer has notified us that a partial refund is due to you, we’ll 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 first. If the refund is processed to your expired or cancelled card, you’ll need to obtain the returned funds by contacting your bank.

Where an overseas retailer issues a refund for a cross border transaction, we’ll use the original retail exchange rate (used at the time the Order was placed) to calculate the refund amount to credit your payment method for the goods or services.

If we cannot credit any amounts to your original payment method, we’ll credit it to any other valid UK card listed in your account. If a refund is processed to an expired or cancelled card, you’ll need to contact your bank to obtain the returned funds.

Where you want to return goods 120 days or more after you bought the goods, we’ll not be involved in the refund process, and you’ll need to contact the retailer directly for a refund. However, where your account has been closed for any reason, our refund obligations to you will only continue until all amounts are paid under a Clearpay Plan or 120 days has passed since your last Order (whichever is earlier) and after that time, the retailer is responsible for processing refunds.

21. Can I notify Clearpay of a return so I can stop payments and avoid a late payment fee?

Yes! You can let us know if you have made a full or partial return so we can pause your payments by up to 2 weeks to allow the retailer to process your returned items. This means that you will not incur late payment fees during this period.

You can notify us of a return by using our ‘Pause and Notify’ feature on the App. That’s it! We’ll send you an email confirming your updated payment schedule but please note that if the return isn’t completed by your next payment date and amounts remain due (e.g., you later decide not to return the item after pausing the next payment) you may have 2 payments due on the same day. You’ll also only be able to make this request once per Order. You can find out more about our Pause and Notify feature here.

22. How do I cancel a Clearpay Plan?

You have a right to cancel any Clearpay Plan at any time. You can cancel it by contacting us and repaying the full amount owing at once to us.

Complaints

23. Complaints about retailers

If you have any questions, concerns, or complaints about the purchase of goods or services from a retailer using a Clearpay Plan, or if you want to request a refund from a retailer due to dissatisfaction, defect or non-delivery of goods or services, please contact the retailer directly. The retailer will explain to you your rights and the process to be followed.

We may, at our discretion, try and help you and the retailer to fix problems you have but please note this does not change your obligation to make payments to us under a Clearpay Plan except as allowed in these terms and conditions.

24. Complaints about Clearpay

If you have any questions, concerns or complaints about us, your Orders, or any Clearpay Plans, please contact our customer services team as soon as possible. We take all complaints seriously and we will try to put things right. We may ask you to help us sort your complaint by requesting additional information and assistance. Please click here for more information on our complaints process.

Notices and Communications

25. Contacting you

We’ll communicate with you in English and in electronic form by posting our communications on the secure customer area of our website and app or by email, post, and other electronic methods (e.g., SMS) using the contact details listed in your account.

Please keep your contact details accurate and up to date and let us know immediately if any information changes. You can update your contact details on our website or app or by contacting us.

26. Contacting Clearpay

You can contact us by using the form on the Contact Us section of our website.

General

27. Your consumer rights

You have consumer law rights when you buy goods or services. This includes when you are treated unfairly or when things go wrong such as faulty goods and poor services. Nothing in this agreement affects your consumer law rights.

28. Our intellectual property

We own all the intellectual property (like copyright, trademarks etc.) in our services including our logos and the content on our website and app. You must not use our intellectual property without our permission except to use our services.

29. Changes to these terms and conditions

Each time we provide you with a Clearpay Plan, you’ll be asked to agree to the terms and conditions in force at that time (which may be different to the version you previously agreed to for earlier Orders).

The version of the terms and conditions in force at the time you enter a particular Clearpay Plan will apply to that Clearpay Plan for the duration of the Clearpay Plan. The terms and conditions you agree to for each Clearpay Plan will be emailed to you after we approve each Order. Unless we agree with you beforehand or we are required to do so by law, rule, or regulation, we’ll never change those terms. The latest version of our terms and conditions will be posted on our website.

30. Relationship between Clearpay and retailers

When you enter a Clearpay Plan, the retailer will pay us a fee for each Clearpay Plan used by you. We lend you a fixed amount of credit to allow you to purchase goods or services from a retailer, but it is the retailer who is the seller of the goods or services, and your purchase will be under their terms and conditions. You should read their terms and conditions before you buy any goods or services. Please note that we do not have any control over the goods or services provided by a retailer, and we are not responsible for the retailer’s behaviour.

31. Liability

If we break this agreement, we’ll only be responsible for your losses that we could have foreseen at the time we entered into this agreement and only up to the amount of the purchase price of each Order. Nothing in this agreement affects your consumer rights or limits or excludes our liability for death or personal injury resulting from our negligence, for fraud or fraudulent misrepresentation or any other losses which cannot be limited or excluded under law.

32. Rights and obligations

Only you and we have rights and obligations under this agreement.

You cannot transfer any rights you have to anyone else.

We can transfer our rights and obligations to our group companies and third parties. We will let you know about this unless your Clearpay Plans will not be affected. Your legal rights will not be affected by the transfer.

33. Our right to enforce the agreement

If you break this agreement and we do not enforce our rights against you, this will not stop us from enforcing those rights or other rights at a later date.

34. Taking legal action

If your address is in England and Wales, the laws of England and Wales apply and any dispute about the terms and conditions will be dealt with by the courts of England and Wales.

If your address is in Scotland, the laws of Scotland apply and any dispute about the terms and conditions will be dealt with by the courts of Scotland.

If your address is in Northern Ireland, the laws of Northern Ireland apply and any dispute about the terms and conditions will be dealt with by the courts of Northern Ireland.

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