• Clearpay allows you to pay for your purchase over 4 instalments due every 2 weeks, in accordance with the relevant Payment Schedule.

• All orders are subject to Clearpay’s approval – for example, if you have any overdue payments, Clearpay will not be available to you. For more information on assessment and checks, see clause 7.2.

• 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 7.2(c).

• You can make repayments to Clearpay any time BEFORE the due date. Otherwise, Clearpay will automatically 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 (“Late Fees”) an initial £6 late fee will be payable for the costs we incur as a result of your late payment, and a further £6 if a payment remains unpaid 7 days after the due date. 

• For each order below £24, a maximum of one £6 late fee may be applied per order. For each order of £24 or above, the total of the late fees that may be applied are capped at 25% of the Original Order Value or £36, whichever is less. Our Late Fees represent the costs we will incur as a result of your failure to make payment when due, but we limit these fees as a concession to you.

• 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 customers in financial difficulties.

• The delivery/quality of goods and all refunds is the responsibility of the Retailer where you make the purchase. 

• If you purchase goods from an authorised Retailer outside the UK we draw your attention to clause 4.4 of these terms.

Last Update: 05/08/2020

IMPORTANT INFORMATION REGARDING CARD PRE-AUTHORISATIONS: 

As part of our approval process and our assessment as to whether or not you can fulfil your obligation to make future payments to Clearpay according to the relevant Payment Schedule, we may 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 or add a new Card to your Clearpay Account. For online purchases, we immediately instruct your bank to void this pre-authorisation transaction. No funds are received by Clearpay during this process. We cannot guarantee the time it takes for your bank to process this action by us and make your funds available. 

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 Clearpay. However, in some 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.

Please read this Agreement carefully. By clicking to accept these terms and using Clearpay’s Products, you agree to be bound by (i) this Agreement; and (ii) Clearpay’s Privacy Policy which can be found at Clearpay.co.uk/privacy-policy. The headings contained in this document are for reference purposes only. You should print a copy of this Agreement and Clearpay’s Privacy Policy for your records.

1. Welcome to our Website.

We set out below the terms and conditions of your use of, and access to, our Products. Please read these terms and conditions carefully, as they impose rules, obligations and other responsibilities on you in respect of your use of the Products.

1.1 Parties to this Agreement

This Agreement is a contract between you (‘you’ or ‘your’) and Clearpay Finance Limited (company number: 05198026) ('Clearpay', 'we', 'us', 'our'), or, where you purchase goods overseas, a Clearpay Affiliate. It sets out the terms and conditions that apply to your use of our Products. You agree that your acceptance of these terms and conditions, and ongoing use of our Products, shall constitute your acceptance of this Agreement.

If you do not want to be bound by this Agreement, you must not make a purchase using Clearpay Products. 

1.2 Policies incorporated into this Agreement

Before you create a Clearpay Account with us or use any of our Products, you should read this Agreement, as well as Clearpay’s Privacy Policy,  which is incorporated into this Agreement by reference.

We recommend that you store or print a copy of this Agreement (including all policies) for your records.

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) Clearpay may amend this Agreement at any time for any reason including, for example, if we change the functionality of our Products, introduce new products, or as required by law.  We will post the amended Agreement on our Website.  Each time you place an Order you will be asked to agree to the then current terms of this Agreement.  Please read this Agreement carefully each time you agree to its terms when placing an Order.  If you do not agree with the changes, you may close your Clearpay Account in accordance with clause 3.4.  

(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 Product is a fixed sum loan agreement which means we lend you a fixed sum of money to allow you to buy goods or services offered by online Retailers including, where available, a Retailer in an overseas jurisdiction permitted by Clearpay. Each Order will be a separate fixed sum loan.  Any money which you repay to us does not become available for reborrowing, but subject to the terms and conditions set out in this Agreement you may submit Orders, from time to time, in relation to additional goods or services which you wish to acquire from Retailers.  

(b) By placing an Order with a Retailer and using our Products, you provide us with your consent and direction to pay (or ask a Clearpay Affiliate to pay) the Retailer on your behalf in exchange for your agreement to pay us, in accordance with this Agreement, the agreed amounts on the dates outlined in your Payment Schedule, plus any Late Fees, if you miss a repayment to us on or before the scheduled date, as set out in clause 4.

(c) 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.

2.2 No warranty 

(a) We do not give any express warranty or guarantee as to the suitability, reliability or availability of our Products, or of the content on our Website.

(b) 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.

3 Your Clearpay Account

3.1 Creating your Clearpay Account 

(a) We will create your Clearpay Account when you place your first Order with any of our Retailers. You may also create your Clearpay Account by visiting the Clearpay Website.

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

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

(d) You must contact us as soon as you notice any unauthorised access or unauthorised use of your Clearpay Account. We will not seek to recover any repayments from you should we consider that there has been an unauthorised use of your Clearpay Account. However, you will still be deemed responsible for any repayments due if you: 

(i) use your Clearpay Account fraudulently (including where you have knowingly allowed a third party to use your Clearpay Account fraudulently);

(ii) have been grossly negligent and enabled a third party to access and use your Clearpay Account;

(iii) allowed, whether knowingly or negligently, a third party to use your Clearpay Account, including if a third party is allowed to access a mobile phone or other device on which your Clearpay Account has been registered (for example, by giving them your passcode or by letting them register their fingerprint on it).

3.2 Your obligations to us as a holder of a Clearpay Account 

By holding a Clearpay Account with us, you agree that you must: 

(a) Not provide us with any information that is false, inaccurate or misleading;

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

(c) Not use your Clearpay Account or our Products for any unlawful, fraudulent or improper activity;

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

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

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

(h) Not open or use more than one Clearpay Account.

3.3 In-store payment 

(a) Sorry, but we do not currently offer in-store purchases using Clearpay. We will let you know as soon as this service becomes available. 

3.4 Closing your Clearpay Account 

(a) You may request to close your Clearpay Account by contacting us directly. You may only request to close your Clearpay Account if: 

(i) all amounts owing to us by you (including any Late Fees) have been paid in full to us; and

(ii) no disputes or refunds are in progress.

(b) We may close your Clearpay Account for any reason, within our reasonable discretion.  This Agreement will continue to apply to any Orders accepted prior to such closure until all amounts owing are received in full (including any Late Fees).

(c)  Except as otherwise stated, this Agreement will be terminated once your Clearpay Account is closed.  However, you will remain liable for all outstanding obligations related to the Clearpay Account even after it has been closed.

(d) We may immediately limit your access to our Products or suspend or close your Clearpay Account where we have reasonable cause to do so including, without limitation, where:

(i) we reasonably consider it necessary to do so in order to: 

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

(B) prevent fraud; 

(C) limit the risk of money laundering or terrorism financing; or

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

(ii) you do not pass our verifications or checks, including our pre-authorisation check described in clause 7.2(c);

(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

(iv) we otherwise reasonably consider the activity associated with the Clearpay Account to be suspicious.

(e) We will use our best efforts to provide written notice to you before closing your Clearpay Account, in the circumstances described in clause 3.4(d) above, except where doing so may compromise any investigation related to your breach of this Agreement or unlawful or improper conduct.  Where we close your Clearpay Account in accordance with clause 3.4(d), this Agreement will be terminated, and all amounts owed by you to us will immediately become payable to Clearpay.
 

(f) Despite clause 5(f), where your Clearpay Account has been closed for any reason, our respective obligations in relation to product returns in clause 5 will only continue until: 

(i) all amounts you owe to us have been paid to us; or

(ii) the date which is 120 days after your last Order,

whichever is sooner.  After that time, the Retailer will be solely responsible for processing all product returns and associated refunds.  

4 Orders, payments and billing

4.1 Order Confirmation and Payment Schedule 

(a) All Orders which you place with Clearpay are subject to approval by Clearpay, 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; 

(C) limit the risk of money laundering or terrorism financing; or

(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 7; 

(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 Retailer in a different jurisdiction that is not permitted by Clearpay; 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 Clearpay in relation to a payment for the approved Order, that payment will not be refunded by Clearpay. Any return of funds in that event will be as between you and your issuing bank. The Retailer 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 Clearpay Account, otherwise Clearpay will automatically process payments in accordance with the due dates stated on the Payment Schedule. You authorise Clearpay 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, Clearpay reserves the right to re-attempt to process the payment at a later time or date. 

4.2 Automatic Payments and your Continuous Payment Authority

(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 under a continuous payment authority or “CPA”. You will have the option to select a preferred Payment Method and Nominated Payment Source when your Clearpay Account is being created. You can update or change your preferred Nominated Payment Source or Payment Method at any time via your Clearpay Account.  You may add more than one Payment Method when you create your Clearpay Account or at any time afterwards via your Clearpay Account.   

(b) Subject to the other terms of this Agreement, you hereby expressly authorise Clearpay to deduct Automatic Payment amounts from your Nominated Payment Source and any other Payment Method listed on your Clearpay Account for the amounts and on those scheduled dates set out in your Payment Schedule using the CPA. 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 can cancel a CPA at any time by contacting your bank directly in which case we’ll no longer be entitled to take payment under the CPA. If you do cancel a CPA, you’ll still owe us the remaining balance of your payments and you’ll need to make your repayments by an alternative method. 

(d) 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, 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.  

(e) If an Automatic Payment fails (for example, if your Nominated Payment Source is a credit or debit card which has expired), we may take payment from another Payment Method listed on your Clearpay Account and we may make up to multiple attempts on each such Payment Method.  If our attempts to take payment fail, Late Fees may apply unless you otherwise make the scheduled payment on or before the relevant due date. You authorise us to make payment of any amount that 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.

4.3 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 Clearpay's error, please let us know, and we will waive or refund any such fees.
   

(c) We will contact you as soon as we can to let you know you have missed a payment, and to discuss how the payment can be made. We’ll follow a collections process under which we’ll do our best to work with you to bring the agreement up to date. 

(d) You should not proceed with any order if you believe you cannot afford the payments now or will not be able to in the future.

(e) Any payment received will be applied to the oldest outstanding payment e.g. if your second and third payments are outstanding and you make a payment to us, it will be applied to the second repayment in full.  Any money remaining once the second payment has been settled in full will be applied to your third repayment.

4.4 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 using a retail exchange rate selected by Clearpay at our discretion to determine the Original Order Value and the amounts payable by you in accordance with your Payment Schedule. The exchange rate used will change regularly to reflect the currency fluctuations in the foreign exchange market.

No set up fees or foreign exchange commission will be applied to the exchange rate applied to perform the conversion.

4.5 Interest 

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

5 Refunds

(a) If you decide to return goods to a Retailer, which have been purchased using our Products, and request a refund, or a return and refund are otherwise accepted by the Retailer or permitted by law, you will directly arrange the return with the Retailer, ensuring that the goods are returned according to the Retailer’s returns policy or other instructions or your rights at law.

(b) It is your responsibility to notify the Retailer 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 returns policy or as otherwise permitted by the Retailer.

(c) Unless we are notified by a Retailer 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 has confirmed the return of the goods and has issued a refund to us for those goods, you will remain liable to us for the full payment of the goods, in accordance with your Payment Schedule.

(e) Once the Retailer has issued a refund to us for the goods, 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 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 Clearpay 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, Clearpay 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 an Australian Retailer charged 100AUD for goods which was converted to £70 as the Original Order Value, if the Retailer issues a refund to you for 50AUD, your order total and Payment Schedule will be adjusted by £35.

(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).

6 Cancellation rights

6.1 Cancellation and Settlement

You can cancel and settle any loan agreement at any time before the final repayment falls due by repaying to us the unpaid balance of that loan agreement. 

6.2 Exercise of Cancellation Right

If you wish to exercise your cancellation and settlement right, you can contact us using the form on the Contact Us section of our website which can be found at Clearpay.co.uk/contact-us. Alternatively, you can write to us at Clearpay Customer Service, Clearpay Finance Limited, Jactin House, 24 Hood Street, Manchester M4 6WX.  

7 Assessment and checks

7.1 Assessment 

Each Order is subject to approval by us, in accordance with clause 4.1.

7.2 Repayment capability and identity checks 

(a) We may verify your identity, including under the Money Laundering, Terrorist Financing and Transfer of Funds (Information on the Payer) Regulations 2017. 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 Clearpay or a Retailer to verify your identity in connection with your Clearpay Account or Orders. 

(c) As part of our approval process and our assessment as to whether or not you have the means to make payments to Clearpay according to the Payment Schedule, we may 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 or add a new Card to your Clearpay Account. For online purchases:

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

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

8 Our Intellectual Property

(a) Our Website and all content on our Website are the exclusive property of Clearpay. 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.

9 Complaints and disputes

9.1 Disputes between you and a Retailer 

(a) If you have a dispute with a Retailer, you should file a dispute through direct contact with the Retailer.  

(b) Whilst Clearpay will endeavour to facilitate communication between you and the Retailer to enable a resolution to all disputes, the outcome of your disputes with Retailers will not affect Clearpay’s rights and remedies under this Agreement or your obligation to meet any payments due to us, except as expressly provided in clause 5.

9.2 Disputes between you and us 

(a) We aim to: 

(i) Acknowledge receipt of all complaints within 5 business days; and 

(ii) 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 form on the Contact Us section of our website which can be found at Clearpay.co.uk/contact-us. Disputes should be raised with us as soon as possible. 

(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) You may also refer your complaint to the Online Dispute Resolution ("ODR") platform at http://ec.europa.eu/odr. The ODR platform helps to resolve disputes between customers and online traders within in the EU.

10 Notices and Communications

10.1 How we will communicate with you

(a) This Agreement and any other agreements, notices or other communications regarding your Clearpay Account and/or your use of our Products may be provided to you electronically.

(b) You agree to receive all communications from us in English and in electronic form. Communications will be posted on the secure member area of our Website (where permitted under this Agreement) and/or sent to your email address.

(c) Alternatively, we may choose to give notice to you by:

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

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

(d) 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 second 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 receipt.

10.2 How you can communicate with us 

(a) Notices

Except as explicitly stated otherwise, any notices to us should be given by email to: complaints@clearpay.co.uk 

 
or by post to:

 

Clearpay Customer Service, 

Clearpay Finance Limited, 

Jactin House,

24 Hood Street,

Manchester.

M4 6WX  

(b) Other communications

If you wish to contact us for any other reason, you can do so by using the form on the Contact Us section of our website which can be found here.

11 General

11.1 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, Clearpay will not be liable for any loss or damage which you may incur as a result of our Products or our Website being unavailable.

11.2 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).  

11.3 Governing Law and Jurisdiction 

(a) Save where your primary address is in Scotland or Northern Ireland, this Agreement is governed by the law in force in England and Wales. Each party irrevocably submits to the non-exclusive jurisdiction of courts exercising jurisdiction in England and Wales.  

(b) If you are resident in Scotland, this Agreement shall be governed by the law in force in Scotland and each party shall irrevocable submit to the non-exclusive jurisdiction of courts exercising jurisdiction in Scotland.

(c) If you are resident in Northern Ireland, this Agreement shall be governed by the law in force in Northern Ireland and each party shall irrevocable submit to the non-exclusive jurisdiction of courts exercising jurisdiction in Northern Ireland.

11.4 Third Party Rights 

The Contracts (Rights of Third Parties) Act 1999 will not apply so as to entitle any third party to any rights or benefits under this Agreement.

11.5 Entire Agreement

This Agreement contains the whole agreement between Clearpay and you in respect of the subject matter of this Agreement and supersedes and replaces any prior written or oral agreements, representations or understandings between Clearpay and you in relation to this Agreement. Each party confirms that it has not entered into this Agreement on the basis of any representation that is not expressly incorporated in this Agreement.

11.6 Variation

Any variation of this Agreement will only be effective if made in writing and signed by both Clearpay and you.

11.7 Severability

If any provision of this Agreement is found to be invalid or unenforceable, such invalidity or unenforceability shall not affect the other provisions of this Agreement, which shall remain in full force and effect.

11.8 No Waiver

If Clearpay does not, at any time, enforce its rights against you under this Agreement, it does not give up any such rights.

DEFINITIONS

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

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

Clearpay Affiliate means a related body corporate or related entity of Clearpay, including one in another country.
 

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

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

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;

(c) may be capable of being used on multiple occasions;

(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 the “Highlights” to this Agreement.

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

Order means a request submitted by you to us, to use an Clearpay Product to pay for goods or services offered by a Retailer.

Original Order Value means the total cost of your Order at the time it is approved by Clearpay (before any refunds may be applied).

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

Payment Schedule means, in relation to an Order, a list of payment amounts that Clearpay is entitled to receive from you, and the relevant due dates of each payment.

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

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

Website means www.clearpay.co.uk and any other website operated by Clearpay, including the Clearpay App.

• Clearpay allows you to pay for your purchase over 4 instalments due every 2 weeks, in accordance with the relevant Payment Schedule.

• All orders are subject to Clearpay’s approval – for example, if you have any overdue payments, Clearpay will not be available to you. For more information on assessment and checks, see clause 7.2.

• 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 7.2(c).

• You can make repayments to Clearpay any time BEFORE the due date. Otherwise, Clearpay will automatically 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 (“Late Fees”) an initial £6 late fee will be payable for the costs we incur as a result of your late payment, and a further £6 if a payment remains unpaid 7 days after the due date. 

• For each order below £24, a maximum of one £6 late fee may be applied per order. For each order of £24 or above, the total of the late fees that may be applied are capped at 25% of the Original Order Value or £36, whichever is less. Our Late Fees represent the costs we will incur as a result of your failure to make payment when due, but we limit these fees as a concession to you.

• 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 customers in financial difficulties.

• The delivery/quality of goods and all refunds is the responsibility of the Retailer where you make the purchase. 

• If you purchase goods from an authorised Retailer outside the UK we draw your attention to clause 4.4 of these terms.

Last Update: 05/08/2020

IMPORTANT INFORMATION REGARDING CARD PRE-AUTHORISATIONS: 

As part of our approval process and our assessment as to whether or not you can fulfil your obligation to make future payments to Clearpay according to the relevant Payment Schedule, we may 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 or add a new Card to your Clearpay Account. For online purchases, we immediately instruct your bank to void this pre-authorisation transaction. No funds are received by Clearpay during this process. We cannot guarantee the time it takes for your bank to process this action by us and make your funds available. 

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 Clearpay. However, in some 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.

Please read this Agreement carefully. By clicking to accept these terms and using Clearpay’s Products, you agree to be bound by (i) this Agreement; and (ii) Clearpay’s Privacy Policy which can be found at Clearpay.co.uk/privacy-policy. The headings contained in this document are for reference purposes only. You should print a copy of this Agreement and Clearpay’s Privacy Policy for your records.

1. Welcome to our Website.

We set out below the terms and conditions of your use of, and access to, our Products. Please read these terms and conditions carefully, as they impose rules, obligations and other responsibilities on you in respect of your use of the Products.

1.1 Parties to this Agreement

This Agreement is a contract between you (‘you’ or ‘your’) and Clearpay Finance Limited (company number: 05198026) ('Clearpay', 'we', 'us', 'our'), or, where you purchase goods overseas, a Clearpay Affiliate. It sets out the terms and conditions that apply to your use of our Products. You agree that your acceptance of these terms and conditions, and ongoing use of our Products, shall constitute your acceptance of this Agreement.

If you do not want to be bound by this Agreement, you must not make a purchase using Clearpay Products. 

1.2 Policies incorporated into this Agreement

Before you create a Clearpay Account with us or use any of our Products, you should read this Agreement, as well as Clearpay’s Privacy Policy,  which is incorporated into this Agreement by reference.

We recommend that you store or print a copy of this Agreement (including all policies) for your records.

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) Clearpay may amend this Agreement at any time for any reason including, for example, if we change the functionality of our Products, introduce new products, or as required by law.  We will post the amended Agreement on our Website.  Each time you place an Order you will be asked to agree to the then current terms of this Agreement.  Please read this Agreement carefully each time you agree to its terms when placing an Order.  If you do not agree with the changes, you may close your Clearpay Account in accordance with clause 3.4.  

(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 Product is a fixed sum loan agreement which means we lend you a fixed sum of money to allow you to buy goods or services offered by online Retailers including, where available, a Retailer in an overseas jurisdiction permitted by Clearpay. Each Order will be a separate fixed sum loan.  Any money which you repay to us does not become available for reborrowing, but subject to the terms and conditions set out in this Agreement you may submit Orders, from time to time, in relation to additional goods or services which you wish to acquire from Retailers.  

(b) By placing an Order with a Retailer and using our Products, you provide us with your consent and direction to pay (or ask a Clearpay Affiliate to pay) the Retailer on your behalf in exchange for your agreement to pay us, in accordance with this Agreement, the agreed amounts on the dates outlined in your Payment Schedule, plus any Late Fees, if you miss a repayment to us on or before the scheduled date, as set out in clause 4.

(c) 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.

2.2 No warranty 

(a) We do not give any express warranty or guarantee as to the suitability, reliability or availability of our Products, or of the content on our Website.

(b) 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.

3 Your Clearpay Account

3.1 Creating your Clearpay Account 

(a) We will create your Clearpay Account when you place your first Order with any of our Retailers. You may also create your Clearpay Account by visiting the Clearpay Website.

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

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

(d) You must contact us as soon as you notice any unauthorised access or unauthorised use of your Clearpay Account. We will not seek to recover any repayments from you should we consider that there has been an unauthorised use of your Clearpay Account. However, you will still be deemed responsible for any repayments due if you: 

(i) use your Clearpay Account fraudulently (including where you have knowingly allowed a third party to use your Clearpay Account fraudulently);

(ii) have been grossly negligent and enabled a third party to access and use your Clearpay Account;

(iii) allowed, whether knowingly or negligently, a third party to use your Clearpay Account, including if a third party is allowed to access a mobile phone or other device on which your Clearpay Account has been registered (for example, by giving them your passcode or by letting them register their fingerprint on it).

3.2 Your obligations to us as a holder of a Clearpay Account 

By holding a Clearpay Account with us, you agree that you must: 

(a) Not provide us with any information that is false, inaccurate or misleading;

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

(c) Not use your Clearpay Account or our Products for any unlawful, fraudulent or improper activity;

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

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

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

(h) Not open or use more than one Clearpay Account.

3.3 In-store payment 

(a) Sorry, but we do not currently offer in-store purchases using Clearpay. We will let you know as soon as this service becomes available. 

3.4 Closing your Clearpay Account 

(a) You may request to close your Clearpay Account by contacting us directly. You may only request to close your Clearpay Account if: 

(i) all amounts owing to us by you (including any Late Fees) have been paid in full to us; and

(ii) no disputes or refunds are in progress.

(b) We may close your Clearpay Account for any reason, within our reasonable discretion.  This Agreement will continue to apply to any Orders accepted prior to such closure until all amounts owing are received in full (including any Late Fees).

(c)  Except as otherwise stated, this Agreement will be terminated once your Clearpay Account is closed.  However, you will remain liable for all outstanding obligations related to the Clearpay Account even after it has been closed.

(d) We may immediately limit your access to our Products or suspend or close your Clearpay Account where we have reasonable cause to do so including, without limitation, where:

(i) we reasonably consider it necessary to do so in order to: 

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

(B) prevent fraud; 

(C) limit the risk of money laundering or terrorism financing; or

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

(ii) you do not pass our verifications or checks, including our pre-authorisation check described in clause 7.2(c);

(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

(iv) we otherwise reasonably consider the activity associated with the Clearpay Account to be suspicious.

(e) We will use our best efforts to provide written notice to you before closing your Clearpay Account, in the circumstances described in clause 3.4(d) above, except where doing so may compromise any investigation related to your breach of this Agreement or unlawful or improper conduct.  Where we close your Clearpay Account in accordance with clause 3.4(d), this Agreement will be terminated, and all amounts owed by you to us will immediately become payable to Clearpay.
 

(f) Despite clause 5(f), where your Clearpay Account has been closed for any reason, our respective obligations in relation to product returns in clause 5 will only continue until: 

(i) all amounts you owe to us have been paid to us; or

(ii) the date which is 120 days after your last Order,

whichever is sooner.  After that time, the Retailer will be solely responsible for processing all product returns and associated refunds.  

4 Orders, payments and billing

4.1 Order Confirmation and Payment Schedule 

(a) All Orders which you place with Clearpay are subject to approval by Clearpay, 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; 

(C) limit the risk of money laundering or terrorism financing; or

(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 7; 

(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 Retailer in a different jurisdiction that is not permitted by Clearpay; 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 Clearpay in relation to a payment for the approved Order, that payment will not be refunded by Clearpay. Any return of funds in that event will be as between you and your issuing bank. The Retailer 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 Clearpay Account, otherwise Clearpay will automatically process payments in accordance with the due dates stated on the Payment Schedule. You authorise Clearpay 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, Clearpay reserves the right to re-attempt to process the payment at a later time or date. 

4.2 Automatic Payments and your Continuous Payment Authority

(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 under a continuous payment authority or “CPA”. You will have the option to select a preferred Payment Method and Nominated Payment Source when your Clearpay Account is being created. You can update or change your preferred Nominated Payment Source or Payment Method at any time via your Clearpay Account.  You may add more than one Payment Method when you create your Clearpay Account or at any time afterwards via your Clearpay Account.   

(b) Subject to the other terms of this Agreement, you hereby expressly authorise Clearpay to deduct Automatic Payment amounts from your Nominated Payment Source and any other Payment Method listed on your Clearpay Account for the amounts and on those scheduled dates set out in your Payment Schedule using the CPA. 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 can cancel a CPA at any time by contacting your bank directly in which case we’ll no longer be entitled to take payment under the CPA. If you do cancel a CPA, you’ll still owe us the remaining balance of your payments and you’ll need to make your repayments by an alternative method. 

(d) 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, 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.  

(e) If an Automatic Payment fails (for example, if your Nominated Payment Source is a credit or debit card which has expired), we may take payment from another Payment Method listed on your Clearpay Account and we may make up to multiple attempts on each such Payment Method.  If our attempts to take payment fail, Late Fees may apply unless you otherwise make the scheduled payment on or before the relevant due date. You authorise us to make payment of any amount that 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.

4.3 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 Clearpay's error, please let us know, and we will waive or refund any such fees.
   

(c) We will contact you as soon as we can to let you know you have missed a payment, and to discuss how the payment can be made. We’ll follow a collections process under which we’ll do our best to work with you to bring the agreement up to date. 

(d) You should not proceed with any order if you believe you cannot afford the payments now or will not be able to in the future.

(e) Any payment received will be applied to the oldest outstanding payment e.g. if your second and third payments are outstanding and you make a payment to us, it will be applied to the second repayment in full.  Any money remaining once the second payment has been settled in full will be applied to your third repayment.

4.4 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 using a retail exchange rate selected by Clearpay at our discretion to determine the Original Order Value and the amounts payable by you in accordance with your Payment Schedule. The exchange rate used will change regularly to reflect the currency fluctuations in the foreign exchange market.

No set up fees or foreign exchange commission will be applied to the exchange rate applied to perform the conversion.

4.5 Interest 

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

5 Refunds

(a) If you decide to return goods to a Retailer, which have been purchased using our Products, and request a refund, or a return and refund are otherwise accepted by the Retailer or permitted by law, you will directly arrange the return with the Retailer, ensuring that the goods are returned according to the Retailer’s returns policy or other instructions or your rights at law.

(b) It is your responsibility to notify the Retailer 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 returns policy or as otherwise permitted by the Retailer.

(c) Unless we are notified by a Retailer 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 has confirmed the return of the goods and has issued a refund to us for those goods, you will remain liable to us for the full payment of the goods, in accordance with your Payment Schedule.

(e) Once the Retailer has issued a refund to us for the goods, 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 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 Clearpay 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, Clearpay 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 an Australian Retailer charged 100AUD for goods which was converted to £70 as the Original Order Value, if the Retailer issues a refund to you for 50AUD, your order total and Payment Schedule will be adjusted by £35.

(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).

6 Cancellation rights

6.1 Cancellation and Settlement

You can cancel and settle any loan agreement at any time before the final repayment falls due by repaying to us the unpaid balance of that loan agreement. 

6.2 Exercise of Cancellation Right

If you wish to exercise your cancellation and settlement right, you can contact us using the form on the Contact Us section of our website which can be found at Clearpay.co.uk/contact-us. Alternatively, you can write to us at Clearpay Customer Service, Clearpay Finance Limited, Jactin House, 24 Hood Street, Manchester M4 6WX.  

7 Assessment and checks

7.1 Assessment 

Each Order is subject to approval by us, in accordance with clause 4.1.

7.2 Repayment capability and identity checks 

(a) We may verify your identity, including under the Money Laundering, Terrorist Financing and Transfer of Funds (Information on the Payer) Regulations 2017. 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 Clearpay or a Retailer to verify your identity in connection with your Clearpay Account or Orders. 

(c) As part of our approval process and our assessment as to whether or not you have the means to make payments to Clearpay according to the Payment Schedule, we may 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 or add a new Card to your Clearpay Account. For online purchases:

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

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

8 Our Intellectual Property

(a) Our Website and all content on our Website are the exclusive property of Clearpay. 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.

9 Complaints and disputes

9.1 Disputes between you and a Retailer 

(a) If you have a dispute with a Retailer, you should file a dispute through direct contact with the Retailer.  

(b) Whilst Clearpay will endeavour to facilitate communication between you and the Retailer to enable a resolution to all disputes, the outcome of your disputes with Retailers will not affect Clearpay’s rights and remedies under this Agreement or your obligation to meet any payments due to us, except as expressly provided in clause 5.

9.2 Disputes between you and us 

(a) We aim to: 

(i) Acknowledge receipt of all complaints within 5 business days; and 

(ii) 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 form on the Contact Us section of our website which can be found at Clearpay.co.uk/contact-us. Disputes should be raised with us as soon as possible. 

(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) You may also refer your complaint to the Online Dispute Resolution ("ODR") platform at http://ec.europa.eu/odr. The ODR platform helps to resolve disputes between customers and online traders within in the EU.

10 Notices and Communications

10.1 How we will communicate with you

(a) This Agreement and any other agreements, notices or other communications regarding your Clearpay Account and/or your use of our Products may be provided to you electronically.

(b) You agree to receive all communications from us in English and in electronic form. Communications will be posted on the secure member area of our Website (where permitted under this Agreement) and/or sent to your email address.

(c) Alternatively, we may choose to give notice to you by:

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

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

(d) 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 second 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 receipt.

10.2 How you can communicate with us 

(a) Notices

Except as explicitly stated otherwise, any notices to us should be given by email to: complaints@clearpay.co.uk 

 
or by post to:

 

Clearpay Customer Service, 

Clearpay Finance Limited, 

Jactin House,

24 Hood Street,

Manchester.

M4 6WX  

(b) Other communications

If you wish to contact us for any other reason, you can do so by using the form on the Contact Us section of our website which can be found here.

11 General

11.1 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, Clearpay will not be liable for any loss or damage which you may incur as a result of our Products or our Website being unavailable.

11.2 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).  

11.3 Governing Law and Jurisdiction 

(a) Save where your primary address is in Scotland or Northern Ireland, this Agreement is governed by the law in force in England and Wales. Each party irrevocably submits to the non-exclusive jurisdiction of courts exercising jurisdiction in England and Wales.  

(b) If you are resident in Scotland, this Agreement shall be governed by the law in force in Scotland and each party shall irrevocable submit to the non-exclusive jurisdiction of courts exercising jurisdiction in Scotland.

(c) If you are resident in Northern Ireland, this Agreement shall be governed by the law in force in Northern Ireland and each party shall irrevocable submit to the non-exclusive jurisdiction of courts exercising jurisdiction in Northern Ireland.

11.4 Third Party Rights 

The Contracts (Rights of Third Parties) Act 1999 will not apply so as to entitle any third party to any rights or benefits under this Agreement.

11.5 Entire Agreement

This Agreement contains the whole agreement between Clearpay and you in respect of the subject matter of this Agreement and supersedes and replaces any prior written or oral agreements, representations or understandings between Clearpay and you in relation to this Agreement. Each party confirms that it has not entered into this Agreement on the basis of any representation that is not expressly incorporated in this Agreement.

11.6 Variation

Any variation of this Agreement will only be effective if made in writing and signed by both Clearpay and you.

11.7 Severability

If any provision of this Agreement is found to be invalid or unenforceable, such invalidity or unenforceability shall not affect the other provisions of this Agreement, which shall remain in full force and effect.

11.8 No Waiver

If Clearpay does not, at any time, enforce its rights against you under this Agreement, it does not give up any such rights.

DEFINITIONS

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

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

Clearpay Affiliate means a related body corporate or related entity of Clearpay, including one in another country.
 

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

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

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;

(c) may be capable of being used on multiple occasions;

(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 the “Highlights” to this Agreement.

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

Order means a request submitted by you to us, to use an Clearpay Product to pay for goods or services offered by a Retailer.

Original Order Value means the total cost of your Order at the time it is approved by Clearpay (before any refunds may be applied).

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

Payment Schedule means, in relation to an Order, a list of payment amounts that Clearpay is entitled to receive from you, and the relevant due dates of each payment.

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

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

Website means www.clearpay.co.uk and any other website operated by Clearpay, including the Clearpay App.

• Clearpay allows you to pay for your purchase over 4 instalments due every 2 weeks, in accordance with the relevant Payment Schedule.

• All orders are subject to Clearpay’s approval – for example, if you have any overdue payments, Clearpay will not be available to you. For more information on assessment and checks, see clause 7.2.

• 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 7.2(c).

• You can make repayments to Clearpay any time BEFORE the due date. Otherwise, Clearpay will automatically 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 (“Late Fees”) an initial £6 late fee will be payable for the costs we incur as a result of your late payment, and a further £6 if a payment remains unpaid 7 days after the due date. 

• For each order below £24, a maximum of one £6 late fee may be applied per order. For each order of £24 or above, the total of the late fees that may be applied are capped at 25% of the Original Order Value or £36, whichever is less. Our Late Fees represent the costs we will incur as a result of your failure to make payment when due, but we limit these fees as a concession to you.

• 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 customers in financial difficulties.

• The delivery/quality of goods and all refunds is the responsibility of the Retailer where you make the purchase. 

• If you purchase goods from an authorised Retailer outside the UK we draw your attention to clause 4.4 of these terms.

Last Update: 05/08/2020

IMPORTANT INFORMATION REGARDING CARD PRE-AUTHORISATIONS: 

As part of our approval process and our assessment as to whether or not you can fulfil your obligation to make future payments to Clearpay according to the relevant Payment Schedule, we may 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 or add a new Card to your Clearpay Account. For online purchases, we immediately instruct your bank to void this pre-authorisation transaction. No funds are received by Clearpay during this process. We cannot guarantee the time it takes for your bank to process this action by us and make your funds available. 

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 Clearpay. However, in some 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.

Please read this Agreement carefully. By clicking to accept these terms and using Clearpay’s Products, you agree to be bound by (i) this Agreement; and (ii) Clearpay’s Privacy Policy which can be found at Clearpay.co.uk/privacy-policy. The headings contained in this document are for reference purposes only. You should print a copy of this Agreement and Clearpay’s Privacy Policy for your records.

1. Welcome to our Website.

We set out below the terms and conditions of your use of, and access to, our Products. Please read these terms and conditions carefully, as they impose rules, obligations and other responsibilities on you in respect of your use of the Products.

1.1 Parties to this Agreement

This Agreement is a contract between you (‘you’ or ‘your’) and Clearpay Finance Limited (company number: 05198026) ('Clearpay', 'we', 'us', 'our'), or, where you purchase goods overseas, a Clearpay Affiliate. It sets out the terms and conditions that apply to your use of our Products. You agree that your acceptance of these terms and conditions, and ongoing use of our Products, shall constitute your acceptance of this Agreement.

If you do not want to be bound by this Agreement, you must not make a purchase using Clearpay Products. 

1.2 Policies incorporated into this Agreement

Before you create a Clearpay Account with us or use any of our Products, you should read this Agreement, as well as Clearpay’s Privacy Policy,  which is incorporated into this Agreement by reference.

We recommend that you store or print a copy of this Agreement (including all policies) for your records.

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) Clearpay may amend this Agreement at any time for any reason including, for example, if we change the functionality of our Products, introduce new products, or as required by law.  We will post the amended Agreement on our Website.  Each time you place an Order you will be asked to agree to the then current terms of this Agreement.  Please read this Agreement carefully each time you agree to its terms when placing an Order.  If you do not agree with the changes, you may close your Clearpay Account in accordance with clause 3.4.  

(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 Product is a fixed sum loan agreement which means we lend you a fixed sum of money to allow you to buy goods or services offered by online Retailers including, where available, a Retailer in an overseas jurisdiction permitted by Clearpay. Each Order will be a separate fixed sum loan.  Any money which you repay to us does not become available for reborrowing, but subject to the terms and conditions set out in this Agreement you may submit Orders, from time to time, in relation to additional goods or services which you wish to acquire from Retailers.  

(b) By placing an Order with a Retailer and using our Products, you provide us with your consent and direction to pay (or ask a Clearpay Affiliate to pay) the Retailer on your behalf in exchange for your agreement to pay us, in accordance with this Agreement, the agreed amounts on the dates outlined in your Payment Schedule, plus any Late Fees, if you miss a repayment to us on or before the scheduled date, as set out in clause 4.

(c) 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.

2.2 No warranty 

(a) We do not give any express warranty or guarantee as to the suitability, reliability or availability of our Products, or of the content on our Website.

(b) 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.

3 Your Clearpay Account

3.1 Creating your Clearpay Account 

(a) We will create your Clearpay Account when you place your first Order with any of our Retailers. You may also create your Clearpay Account by visiting the Clearpay Website.

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

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

(d) You must contact us as soon as you notice any unauthorised access or unauthorised use of your Clearpay Account. We will not seek to recover any repayments from you should we consider that there has been an unauthorised use of your Clearpay Account. However, you will still be deemed responsible for any repayments due if you: 

(i) use your Clearpay Account fraudulently (including where you have knowingly allowed a third party to use your Clearpay Account fraudulently);

(ii) have been grossly negligent and enabled a third party to access and use your Clearpay Account;

(iii) allowed, whether knowingly or negligently, a third party to use your Clearpay Account, including if a third party is allowed to access a mobile phone or other device on which your Clearpay Account has been registered (for example, by giving them your passcode or by letting them register their fingerprint on it).

3.2 Your obligations to us as a holder of a Clearpay Account 

By holding a Clearpay Account with us, you agree that you must: 

(a) Not provide us with any information that is false, inaccurate or misleading;

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

(c) Not use your Clearpay Account or our Products for any unlawful, fraudulent or improper activity;

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

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

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

(h) Not open or use more than one Clearpay Account.

3.3 In-store payment 

(a) Sorry, but we do not currently offer in-store purchases using Clearpay. We will let you know as soon as this service becomes available. 

3.4 Closing your Clearpay Account 

(a) You may request to close your Clearpay Account by contacting us directly. You may only request to close your Clearpay Account if: 

(i) all amounts owing to us by you (including any Late Fees) have been paid in full to us; and

(ii) no disputes or refunds are in progress.

(b) We may close your Clearpay Account for any reason, within our reasonable discretion.  This Agreement will continue to apply to any Orders accepted prior to such closure until all amounts owing are received in full (including any Late Fees).

(c)  Except as otherwise stated, this Agreement will be terminated once your Clearpay Account is closed.  However, you will remain liable for all outstanding obligations related to the Clearpay Account even after it has been closed.

(d) We may immediately limit your access to our Products or suspend or close your Clearpay Account where we have reasonable cause to do so including, without limitation, where:

(i) we reasonably consider it necessary to do so in order to: 

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

(B) prevent fraud; 

(C) limit the risk of money laundering or terrorism financing; or

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

(ii) you do not pass our verifications or checks, including our pre-authorisation check described in clause 7.2(c);

(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

(iv) we otherwise reasonably consider the activity associated with the Clearpay Account to be suspicious.

(e) We will use our best efforts to provide written notice to you before closing your Clearpay Account, in the circumstances described in clause 3.4(d) above, except where doing so may compromise any investigation related to your breach of this Agreement or unlawful or improper conduct.  Where we close your Clearpay Account in accordance with clause 3.4(d), this Agreement will be terminated, and all amounts owed by you to us will immediately become payable to Clearpay.
 

(f) Despite clause 5(f), where your Clearpay Account has been closed for any reason, our respective obligations in relation to product returns in clause 5 will only continue until: 

(i) all amounts you owe to us have been paid to us; or

(ii) the date which is 120 days after your last Order,

whichever is sooner.  After that time, the Retailer will be solely responsible for processing all product returns and associated refunds.  

4 Orders, payments and billing

4.1 Order Confirmation and Payment Schedule 

(a) All Orders which you place with Clearpay are subject to approval by Clearpay, 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; 

(C) limit the risk of money laundering or terrorism financing; or

(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 7; 

(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 Retailer in a different jurisdiction that is not permitted by Clearpay; 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 Clearpay in relation to a payment for the approved Order, that payment will not be refunded by Clearpay. Any return of funds in that event will be as between you and your issuing bank. The Retailer 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 Clearpay Account, otherwise Clearpay will automatically process payments in accordance with the due dates stated on the Payment Schedule. You authorise Clearpay 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, Clearpay reserves the right to re-attempt to process the payment at a later time or date. 

4.2 Automatic Payments and your Continuous Payment Authority

(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 under a continuous payment authority or “CPA”. You will have the option to select a preferred Payment Method and Nominated Payment Source when your Clearpay Account is being created. You can update or change your preferred Nominated Payment Source or Payment Method at any time via your Clearpay Account.  You may add more than one Payment Method when you create your Clearpay Account or at any time afterwards via your Clearpay Account.   

(b) Subject to the other terms of this Agreement, you hereby expressly authorise Clearpay to deduct Automatic Payment amounts from your Nominated Payment Source and any other Payment Method listed on your Clearpay Account for the amounts and on those scheduled dates set out in your Payment Schedule using the CPA. 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 can cancel a CPA at any time by contacting your bank directly in which case we’ll no longer be entitled to take payment under the CPA. If you do cancel a CPA, you’ll still owe us the remaining balance of your payments and you’ll need to make your repayments by an alternative method. 

(d) 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, 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.  

(e) If an Automatic Payment fails (for example, if your Nominated Payment Source is a credit or debit card which has expired), we may take payment from another Payment Method listed on your Clearpay Account and we may make up to multiple attempts on each such Payment Method.  If our attempts to take payment fail, Late Fees may apply unless you otherwise make the scheduled payment on or before the relevant due date. You authorise us to make payment of any amount that 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.

4.3 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 Clearpay's error, please let us know, and we will waive or refund any such fees.
   

(c) We will contact you as soon as we can to let you know you have missed a payment, and to discuss how the payment can be made. We’ll follow a collections process under which we’ll do our best to work with you to bring the agreement up to date. 

(d) You should not proceed with any order if you believe you cannot afford the payments now or will not be able to in the future.

(e) Any payment received will be applied to the oldest outstanding payment e.g. if your second and third payments are outstanding and you make a payment to us, it will be applied to the second repayment in full.  Any money remaining once the second payment has been settled in full will be applied to your third repayment.

4.4 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 using a retail exchange rate selected by Clearpay at our discretion to determine the Original Order Value and the amounts payable by you in accordance with your Payment Schedule. The exchange rate used will change regularly to reflect the currency fluctuations in the foreign exchange market.

No set up fees or foreign exchange commission will be applied to the exchange rate applied to perform the conversion.

4.5 Interest 

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

5 Refunds

(a) If you decide to return goods to a Retailer, which have been purchased using our Products, and request a refund, or a return and refund are otherwise accepted by the Retailer or permitted by law, you will directly arrange the return with the Retailer, ensuring that the goods are returned according to the Retailer’s returns policy or other instructions or your rights at law.

(b) It is your responsibility to notify the Retailer 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 returns policy or as otherwise permitted by the Retailer.

(c) Unless we are notified by a Retailer 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 has confirmed the return of the goods and has issued a refund to us for those goods, you will remain liable to us for the full payment of the goods, in accordance with your Payment Schedule.

(e) Once the Retailer has issued a refund to us for the goods, 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 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 Clearpay 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, Clearpay 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 an Australian Retailer charged 100AUD for goods which was converted to £70 as the Original Order Value, if the Retailer issues a refund to you for 50AUD, your order total and Payment Schedule will be adjusted by £35.

(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).

6 Cancellation rights

6.1 Cancellation and Settlement

You can cancel and settle any loan agreement at any time before the final repayment falls due by repaying to us the unpaid balance of that loan agreement. 

6.2 Exercise of Cancellation Right

If you wish to exercise your cancellation and settlement right, you can contact us using the form on the Contact Us section of our website which can be found at Clearpay.co.uk/contact-us. Alternatively, you can write to us at Clearpay Customer Service, Clearpay Finance Limited, Jactin House, 24 Hood Street, Manchester M4 6WX.  

7 Assessment and checks

7.1 Assessment 

Each Order is subject to approval by us, in accordance with clause 4.1.

7.2 Repayment capability and identity checks 

(a) We may verify your identity, including under the Money Laundering, Terrorist Financing and Transfer of Funds (Information on the Payer) Regulations 2017. 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 Clearpay or a Retailer to verify your identity in connection with your Clearpay Account or Orders. 

(c) As part of our approval process and our assessment as to whether or not you have the means to make payments to Clearpay according to the Payment Schedule, we may 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 or add a new Card to your Clearpay Account. For online purchases:

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

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

8 Our Intellectual Property

(a) Our Website and all content on our Website are the exclusive property of Clearpay. 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.

9 Complaints and disputes

9.1 Disputes between you and a Retailer 

(a) If you have a dispute with a Retailer, you should file a dispute through direct contact with the Retailer.  

(b) Whilst Clearpay will endeavour to facilitate communication between you and the Retailer to enable a resolution to all disputes, the outcome of your disputes with Retailers will not affect Clearpay’s rights and remedies under this Agreement or your obligation to meet any payments due to us, except as expressly provided in clause 5.

9.2 Disputes between you and us 

(a) We aim to: 

(i) Acknowledge receipt of all complaints within 5 business days; and 

(ii) 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 form on the Contact Us section of our website which can be found at Clearpay.co.uk/contact-us. Disputes should be raised with us as soon as possible. 

(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) You may also refer your complaint to the Online Dispute Resolution ("ODR") platform at http://ec.europa.eu/odr. The ODR platform helps to resolve disputes between customers and online traders within in the EU.

10 Notices and Communications

10.1 How we will communicate with you

(a) This Agreement and any other agreements, notices or other communications regarding your Clearpay Account and/or your use of our Products may be provided to you electronically.

(b) You agree to receive all communications from us in English and in electronic form. Communications will be posted on the secure member area of our Website (where permitted under this Agreement) and/or sent to your email address.

(c) Alternatively, we may choose to give notice to you by:

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

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

(d) 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 second 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 receipt.

10.2 How you can communicate with us 

(a) Notices

Except as explicitly stated otherwise, any notices to us should be given by email to: complaints@clearpay.co.uk 

 
or by post to:

 

Clearpay Customer Service, 

Clearpay Finance Limited, 

Jactin House,

24 Hood Street,

Manchester.

M4 6WX  

(b) Other communications

If you wish to contact us for any other reason, you can do so by using the form on the Contact Us section of our website which can be found here.

11 General

11.1 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, Clearpay will not be liable for any loss or damage which you may incur as a result of our Products or our Website being unavailable.

11.2 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).  

11.3 Governing Law and Jurisdiction 

(a) Save where your primary address is in Scotland or Northern Ireland, this Agreement is governed by the law in force in England and Wales. Each party irrevocably submits to the non-exclusive jurisdiction of courts exercising jurisdiction in England and Wales.  

(b) If you are resident in Scotland, this Agreement shall be governed by the law in force in Scotland and each party shall irrevocable submit to the non-exclusive jurisdiction of courts exercising jurisdiction in Scotland.

(c) If you are resident in Northern Ireland, this Agreement shall be governed by the law in force in Northern Ireland and each party shall irrevocable submit to the non-exclusive jurisdiction of courts exercising jurisdiction in Northern Ireland.

11.4 Third Party Rights 

The Contracts (Rights of Third Parties) Act 1999 will not apply so as to entitle any third party to any rights or benefits under this Agreement.

11.5 Entire Agreement

This Agreement contains the whole agreement between Clearpay and you in respect of the subject matter of this Agreement and supersedes and replaces any prior written or oral agreements, representations or understandings between Clearpay and you in relation to this Agreement. Each party confirms that it has not entered into this Agreement on the basis of any representation that is not expressly incorporated in this Agreement.

11.6 Variation

Any variation of this Agreement will only be effective if made in writing and signed by both Clearpay and you.

11.7 Severability

If any provision of this Agreement is found to be invalid or unenforceable, such invalidity or unenforceability shall not affect the other provisions of this Agreement, which shall remain in full force and effect.

11.8 No Waiver

If Clearpay does not, at any time, enforce its rights against you under this Agreement, it does not give up any such rights.

DEFINITIONS

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

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

Clearpay Affiliate means a related body corporate or related entity of Clearpay, including one in another country.
 

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

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

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;

(c) may be capable of being used on multiple occasions;

(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 the “Highlights” to this Agreement.

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

Order means a request submitted by you to us, to use an Clearpay Product to pay for goods or services offered by a Retailer.

Original Order Value means the total cost of your Order at the time it is approved by Clearpay (before any refunds may be applied).

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

Payment Schedule means, in relation to an Order, a list of payment amounts that Clearpay is entitled to receive from you, and the relevant due dates of each payment.

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

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

Website means www.clearpay.co.uk and any other website operated by Clearpay, including the Clearpay App.

• Clearpay allows you to pay for your purchase over 4 instalments due every 2 weeks, in accordance with the relevant Payment Schedule.

• All orders are subject to Clearpay’s approval – for example, if you have any overdue payments, Clearpay will not be available to you. For more information on assessment and checks, see clause 7.2.

• 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 7.2(c).

• You can make repayments to Clearpay any time BEFORE the due date. Otherwise, Clearpay will automatically 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 (“Late Fees”) an initial £6 late fee will be payable for the costs we incur as a result of your late payment, and a further £6 if a payment remains unpaid 7 days after the due date. 

• For each order below £24, a maximum of one £6 late fee may be applied per order. For each order of £24 or above, the total of the late fees that may be applied are capped at 25% of the Original Order Value or £36, whichever is less. Our Late Fees represent the costs we will incur as a result of your failure to make payment when due, but we limit these fees as a concession to you.

• 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 customers in financial difficulties.

• The delivery/quality of goods and all refunds is the responsibility of the Retailer where you make the purchase. 

• If you purchase goods from an authorised Retailer outside the UK we draw your attention to clause 4.4 of these terms.

Last Update: 05/08/2020

IMPORTANT INFORMATION REGARDING CARD PRE-AUTHORISATIONS: 

As part of our approval process and our assessment as to whether or not you can fulfil your obligation to make future payments to Clearpay according to the relevant Payment Schedule, we may 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 or add a new Card to your Clearpay Account. For online purchases, we immediately instruct your bank to void this pre-authorisation transaction. No funds are received by Clearpay during this process. We cannot guarantee the time it takes for your bank to process this action by us and make your funds available. 

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 Clearpay. However, in some 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.

Please read this Agreement carefully. By clicking to accept these terms and using Clearpay’s Products, you agree to be bound by (i) this Agreement; and (ii) Clearpay’s Privacy Policy which can be found at Clearpay.co.uk/privacy-policy. The headings contained in this document are for reference purposes only. You should print a copy of this Agreement and Clearpay’s Privacy Policy for your records.

1. Welcome to our Website.

We set out below the terms and conditions of your use of, and access to, our Products. Please read these terms and conditions carefully, as they impose rules, obligations and other responsibilities on you in respect of your use of the Products.

1.1 Parties to this Agreement

This Agreement is a contract between you (‘you’ or ‘your’) and Clearpay Finance Limited (company number: 05198026) ('Clearpay', 'we', 'us', 'our'), or, where you purchase goods overseas, a Clearpay Affiliate. It sets out the terms and conditions that apply to your use of our Products. You agree that your acceptance of these terms and conditions, and ongoing use of our Products, shall constitute your acceptance of this Agreement.

If you do not want to be bound by this Agreement, you must not make a purchase using Clearpay Products. 

1.2 Policies incorporated into this Agreement

Before you create a Clearpay Account with us or use any of our Products, you should read this Agreement, as well as Clearpay’s Privacy Policy,  which is incorporated into this Agreement by reference.

We recommend that you store or print a copy of this Agreement (including all policies) for your records.

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) Clearpay may amend this Agreement at any time for any reason including, for example, if we change the functionality of our Products, introduce new products, or as required by law.  We will post the amended Agreement on our Website.  Each time you place an Order you will be asked to agree to the then current terms of this Agreement.  Please read this Agreement carefully each time you agree to its terms when placing an Order.  If you do not agree with the changes, you may close your Clearpay Account in accordance with clause 3.4.  

(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 Product is a fixed sum loan agreement which means we lend you a fixed sum of money to allow you to buy goods or services offered by online Retailers including, where available, a Retailer in an overseas jurisdiction permitted by Clearpay. Each Order will be a separate fixed sum loan.  Any money which you repay to us does not become available for reborrowing, but subject to the terms and conditions set out in this Agreement you may submit Orders, from time to time, in relation to additional goods or services which you wish to acquire from Retailers.  

(b) By placing an Order with a Retailer and using our Products, you provide us with your consent and direction to pay (or ask a Clearpay Affiliate to pay) the Retailer on your behalf in exchange for your agreement to pay us, in accordance with this Agreement, the agreed amounts on the dates outlined in your Payment Schedule, plus any Late Fees, if you miss a repayment to us on or before the scheduled date, as set out in clause 4.

(c) 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.

2.2 No warranty 

(a) We do not give any express warranty or guarantee as to the suitability, reliability or availability of our Products, or of the content on our Website.

(b) 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.

3 Your Clearpay Account

3.1 Creating your Clearpay Account 

(a) We will create your Clearpay Account when you place your first Order with any of our Retailers. You may also create your Clearpay Account by visiting the Clearpay Website.

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

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

(d) You must contact us as soon as you notice any unauthorised access or unauthorised use of your Clearpay Account. We will not seek to recover any repayments from you should we consider that there has been an unauthorised use of your Clearpay Account. However, you will still be deemed responsible for any repayments due if you: 

(i) use your Clearpay Account fraudulently (including where you have knowingly allowed a third party to use your Clearpay Account fraudulently);

(ii) have been grossly negligent and enabled a third party to access and use your Clearpay Account;

(iii) allowed, whether knowingly or negligently, a third party to use your Clearpay Account, including if a third party is allowed to access a mobile phone or other device on which your Clearpay Account has been registered (for example, by giving them your passcode or by letting them register their fingerprint on it).

3.2 Your obligations to us as a holder of a Clearpay Account 

By holding a Clearpay Account with us, you agree that you must: 

(a) Not provide us with any information that is false, inaccurate or misleading;

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

(c) Not use your Clearpay Account or our Products for any unlawful, fraudulent or improper activity;

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

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

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

(h) Not open or use more than one Clearpay Account.

3.3 In-store payment 

(a) Sorry, but we do not currently offer in-store purchases using Clearpay. We will let you know as soon as this service becomes available. 

3.4 Closing your Clearpay Account 

(a) You may request to close your Clearpay Account by contacting us directly. You may only request to close your Clearpay Account if: 

(i) all amounts owing to us by you (including any Late Fees) have been paid in full to us; and

(ii) no disputes or refunds are in progress.

(b) We may close your Clearpay Account for any reason, within our reasonable discretion.  This Agreement will continue to apply to any Orders accepted prior to such closure until all amounts owing are received in full (including any Late Fees).

(c)  Except as otherwise stated, this Agreement will be terminated once your Clearpay Account is closed.  However, you will remain liable for all outstanding obligations related to the Clearpay Account even after it has been closed.

(d) We may immediately limit your access to our Products or suspend or close your Clearpay Account where we have reasonable cause to do so including, without limitation, where:

(i) we reasonably consider it necessary to do so in order to: 

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

(B) prevent fraud; 

(C) limit the risk of money laundering or terrorism financing; or

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

(ii) you do not pass our verifications or checks, including our pre-authorisation check described in clause 7.2(c);

(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

(iv) we otherwise reasonably consider the activity associated with the Clearpay Account to be suspicious.

(e) We will use our best efforts to provide written notice to you before closing your Clearpay Account, in the circumstances described in clause 3.4(d) above, except where doing so may compromise any investigation related to your breach of this Agreement or unlawful or improper conduct.  Where we close your Clearpay Account in accordance with clause 3.4(d), this Agreement will be terminated, and all amounts owed by you to us will immediately become payable to Clearpay.
 

(f) Despite clause 5(f), where your Clearpay Account has been closed for any reason, our respective obligations in relation to product returns in clause 5 will only continue until: 

(i) all amounts you owe to us have been paid to us; or

(ii) the date which is 120 days after your last Order,

whichever is sooner.  After that time, the Retailer will be solely responsible for processing all product returns and associated refunds.  

4 Orders, payments and billing

4.1 Order Confirmation and Payment Schedule 

(a) All Orders which you place with Clearpay are subject to approval by Clearpay, 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; 

(C) limit the risk of money laundering or terrorism financing; or

(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 7; 

(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 Retailer in a different jurisdiction that is not permitted by Clearpay; 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 Clearpay in relation to a payment for the approved Order, that payment will not be refunded by Clearpay. Any return of funds in that event will be as between you and your issuing bank. The Retailer 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 Clearpay Account, otherwise Clearpay will automatically process payments in accordance with the due dates stated on the Payment Schedule. You authorise Clearpay 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, Clearpay reserves the right to re-attempt to process the payment at a later time or date. 

4.2 Automatic Payments and your Continuous Payment Authority

(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 under a continuous payment authority or “CPA”. You will have the option to select a preferred Payment Method and Nominated Payment Source when your Clearpay Account is being created. You can update or change your preferred Nominated Payment Source or Payment Method at any time via your Clearpay Account.  You may add more than one Payment Method when you create your Clearpay Account or at any time afterwards via your Clearpay Account.   

(b) Subject to the other terms of this Agreement, you hereby expressly authorise Clearpay to deduct Automatic Payment amounts from your Nominated Payment Source and any other Payment Method listed on your Clearpay Account for the amounts and on those scheduled dates set out in your Payment Schedule using the CPA. 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 can cancel a CPA at any time by contacting your bank directly in which case we’ll no longer be entitled to take payment under the CPA. If you do cancel a CPA, you’ll still owe us the remaining balance of your payments and you’ll need to make your repayments by an alternative method. 

(d) 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, 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.  

(e) If an Automatic Payment fails (for example, if your Nominated Payment Source is a credit or debit card which has expired), we may take payment from another Payment Method listed on your Clearpay Account and we may make up to multiple attempts on each such Payment Method.  If our attempts to take payment fail, Late Fees may apply unless you otherwise make the scheduled payment on or before the relevant due date. You authorise us to make payment of any amount that 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.

4.3 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 Clearpay's error, please let us know, and we will waive or refund any such fees.
   

(c) We will contact you as soon as we can to let you know you have missed a payment, and to discuss how the payment can be made. We’ll follow a collections process under which we’ll do our best to work with you to bring the agreement up to date. 

(d) You should not proceed with any order if you believe you cannot afford the payments now or will not be able to in the future.

(e) Any payment received will be applied to the oldest outstanding payment e.g. if your second and third payments are outstanding and you make a payment to us, it will be applied to the second repayment in full.  Any money remaining once the second payment has been settled in full will be applied to your third repayment.

4.4 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 using a retail exchange rate selected by Clearpay at our discretion to determine the Original Order Value and the amounts payable by you in accordance with your Payment Schedule. The exchange rate used will change regularly to reflect the currency fluctuations in the foreign exchange market.

No set up fees or foreign exchange commission will be applied to the exchange rate applied to perform the conversion.

4.5 Interest 

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

5 Refunds

(a) If you decide to return goods to a Retailer, which have been purchased using our Products, and request a refund, or a return and refund are otherwise accepted by the Retailer or permitted by law, you will directly arrange the return with the Retailer, ensuring that the goods are returned according to the Retailer’s returns policy or other instructions or your rights at law.

(b) It is your responsibility to notify the Retailer 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 returns policy or as otherwise permitted by the Retailer.

(c) Unless we are notified by a Retailer 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 has confirmed the return of the goods and has issued a refund to us for those goods, you will remain liable to us for the full payment of the goods, in accordance with your Payment Schedule.

(e) Once the Retailer has issued a refund to us for the goods, 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 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 Clearpay 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, Clearpay 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 an Australian Retailer charged 100AUD for goods which was converted to £70 as the Original Order Value, if the Retailer issues a refund to you for 50AUD, your order total and Payment Schedule will be adjusted by £35.

(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).

6 Cancellation rights

6.1 Cancellation and Settlement

You can cancel and settle any loan agreement at any time before the final repayment falls due by repaying to us the unpaid balance of that loan agreement. 

6.2 Exercise of Cancellation Right

If you wish to exercise your cancellation and settlement right, you can contact us using the form on the Contact Us section of our website which can be found at Clearpay.co.uk/contact-us. Alternatively, you can write to us at Clearpay Customer Service, Clearpay Finance Limited, Jactin House, 24 Hood Street, Manchester M4 6WX.  

7 Assessment and checks

7.1 Assessment 

Each Order is subject to approval by us, in accordance with clause 4.1.

7.2 Repayment capability and identity checks 

(a) We may verify your identity, including under the Money Laundering, Terrorist Financing and Transfer of Funds (Information on the Payer) Regulations 2017. 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 Clearpay or a Retailer to verify your identity in connection with your Clearpay Account or Orders. 

(c) As part of our approval process and our assessment as to whether or not you have the means to make payments to Clearpay according to the Payment Schedule, we may 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 or add a new Card to your Clearpay Account. For online purchases:

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

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

8 Our Intellectual Property

(a) Our Website and all content on our Website are the exclusive property of Clearpay. 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.

9 Complaints and disputes

9.1 Disputes between you and a Retailer 

(a) If you have a dispute with a Retailer, you should file a dispute through direct contact with the Retailer.  

(b) Whilst Clearpay will endeavour to facilitate communication between you and the Retailer to enable a resolution to all disputes, the outcome of your disputes with Retailers will not affect Clearpay’s rights and remedies under this Agreement or your obligation to meet any payments due to us, except as expressly provided in clause 5.

9.2 Disputes between you and us 

(a) We aim to: 

(i) Acknowledge receipt of all complaints within 5 business days; and 

(ii) 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 form on the Contact Us section of our website which can be found at Clearpay.co.uk/contact-us. Disputes should be raised with us as soon as possible. 

(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) You may also refer your complaint to the Online Dispute Resolution ("ODR") platform at http://ec.europa.eu/odr. The ODR platform helps to resolve disputes between customers and online traders within in the EU.

10 Notices and Communications

10.1 How we will communicate with you

(a) This Agreement and any other agreements, notices or other communications regarding your Clearpay Account and/or your use of our Products may be provided to you electronically.

(b) You agree to receive all communications from us in English and in electronic form. Communications will be posted on the secure member area of our Website (where permitted under this Agreement) and/or sent to your email address.

(c) Alternatively, we may choose to give notice to you by:

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

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

(d) 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 second 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 receipt.

10.2 How you can communicate with us 

(a) Notices

Except as explicitly stated otherwise, any notices to us should be given by email to: complaints@clearpay.co.uk 

 
or by post to:

 

Clearpay Customer Service, 

Clearpay Finance Limited, 

Jactin House,

24 Hood Street,

Manchester.

M4 6WX  

(b) Other communications

If you wish to contact us for any other reason, you can do so by using the form on the Contact Us section of our website which can be found here.

11 General

11.1 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, Clearpay will not be liable for any loss or damage which you may incur as a result of our Products or our Website being unavailable.

11.2 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).  

11.3 Governing Law and Jurisdiction 

(a) Save where your primary address is in Scotland or Northern Ireland, this Agreement is governed by the law in force in England and Wales. Each party irrevocably submits to the non-exclusive jurisdiction of courts exercising jurisdiction in England and Wales.  

(b) If you are resident in Scotland, this Agreement shall be governed by the law in force in Scotland and each party shall irrevocable submit to the non-exclusive jurisdiction of courts exercising jurisdiction in Scotland.

(c) If you are resident in Northern Ireland, this Agreement shall be governed by the law in force in Northern Ireland and each party shall irrevocable submit to the non-exclusive jurisdiction of courts exercising jurisdiction in Northern Ireland.

11.4 Third Party Rights 

The Contracts (Rights of Third Parties) Act 1999 will not apply so as to entitle any third party to any rights or benefits under this Agreement.

11.5 Entire Agreement

This Agreement contains the whole agreement between Clearpay and you in respect of the subject matter of this Agreement and supersedes and replaces any prior written or oral agreements, representations or understandings between Clearpay and you in relation to this Agreement. Each party confirms that it has not entered into this Agreement on the basis of any representation that is not expressly incorporated in this Agreement.

11.6 Variation

Any variation of this Agreement will only be effective if made in writing and signed by both Clearpay and you.

11.7 Severability

If any provision of this Agreement is found to be invalid or unenforceable, such invalidity or unenforceability shall not affect the other provisions of this Agreement, which shall remain in full force and effect.

11.8 No Waiver

If Clearpay does not, at any time, enforce its rights against you under this Agreement, it does not give up any such rights.

DEFINITIONS

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

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

Clearpay Affiliate means a related body corporate or related entity of Clearpay, including one in another country.
 

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

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

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;

(c) may be capable of being used on multiple occasions;

(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 the “Highlights” to this Agreement.

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

Order means a request submitted by you to us, to use an Clearpay Product to pay for goods or services offered by a Retailer.

Original Order Value means the total cost of your Order at the time it is approved by Clearpay (before any refunds may be applied).

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

Payment Schedule means, in relation to an Order, a list of payment amounts that Clearpay is entitled to receive from you, and the relevant due dates of each payment.

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

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

Website means www.clearpay.co.uk and any other website operated by Clearpay, including the Clearpay App.