Introduction
1. Our relationship with you
• you ask us to finance your purchase of goods or services offered by our retailers (this is an “Order”); and
• we provide you with a credit plan which sets out the rules of us providing you finance under each Order (this is a “Clearpay Plan”).
We may reject an Order or cancel an Order and a Clearpay Plan before the goods or services are supplied to you by our retailer if we have good reasons. See clause 8 for examples of good reasons.
Please use Clearpay responsibly. Using us to pay for goods or services in instalments is a form of interest free unregulated credit. It’s important that you pay us on time otherwise you may incur late payment fees. We may charge a £6 late fee for each late instalment and for Orders over £24, we may charge a further £6 if the instalment is still unpaid 7 days later. For Orders over £24, late fees are capped at the lower of £24 or 25% of the purchase price of the Order. Missed payments may affect your ability to use us in the future and we may pass unpaid debt to our debt collection agency. You can read more about this at clauses 17 and 18 below.
Changing these terms and conditions
You can find out more information about how we change these terms and conditions in clause 29 below. We may update our terms from time to time so please check-in regularly.
2. What is Clearpay?
Your Account
3. How do I open an account /eligibility criteria?
4. Keeping your account safe and secure
5. How to use your account?
There are certain things you must do and not do when having an account with us. For example:
6. What happens if something goes wrong with my account or the services?
7. How do I close or deactivate my account?
You can request to close or deactivate your account at any time via the app. To do so you’ll need to pay us all amounts you owe us under a Clearpay Plan (including late fees) immediately. We’ll also need to make sure that all complaints or refunds owed to you have been sorted.
Closing your account permanently removes access to your profile, purchase history and your account information via the app and web portal. This means that you will no longer be able to make any new purchases or make changes to your account. You may still be able to view your account details and obtain your transaction history by contacting us. Clearpay will retain your information in accordance with our Privacy Policy (available on the Clearpay website) and any applicable law, rule or regulation. You may not close your account to evade an investigation.
You may deactivate your account which means you won’t be able to use your account for new purchases but you will still have access to your profile, purchase history and your account information via the app and web portal. You can re-activate your account at any time via the app.
8. When can you suspend or close my account?
• to protect our systems, technology and services from harm;
• to prevent illegal activity such as fraud;
• to reduce the risk of money laundering or terrorist financing;
• to protect us from legal or regulatory risks or non-payment risk by you;
• if you break our agreement in a serious or persistent way including by not making payment on the instalment due dates or giving us false or inaccurate information;
• if we think any Order or your behaviour is suspicious;
• if you use our services for purposes or activities that are not approved by us;
• if you do not pass our identity or pre-authorisation checks; or
• if we have to under any law, regulation, court order or instructions from a regulatory authority.
• if you fail to make repayment on time.
We’ll use our best efforts to provide written notice to you before closing your account except where notifying you would be unlawful or reduce our security measures. Where we close your account, you’ll need to pay us all amounts you owe us under a Clearpay Plan (including late fees) immediately.
9. What happens after my account is closed?
Where your account has been closed for any reason, yours and our obligations under these terms and conditions will continue until all Orders and Clearpay Plans entered before account closure are completed and all complaints and refunds are sorted. Closing your account will also end any other agreements you have with us.
Orders, Payments and Billing
10. How do I place an Order?
In-app purchases using a single-use Clearpay Card
Please remember that the Clearpay Card is not your card. It is our card that is generated using our App and linked to the digital wallet on your phone or other electronic device. You are an authorised user of our card. Each time you place an Order in stores, you authorise payment with the Clearpay Card where we pay for the purchase to the retailer, and you repay us in 4 instalments which are set out in a Clearpay Plan.
11. When do you approve an Order?
A chargeback is where you challenge a transaction on your account and ask your bank to reverse the transaction charge.
12. Can I buy goods or services from retailers outside the UK? (Cross Border Trade)
You can use your account to buy goods or services from retailers overseas in certain countries that we have approved. Once you have chosen the goods or services that you want to buy from an overseas retailer, we will convert the purchase price into UK sterling using a retail exchange rate chosen by us, acting reasonably. We’ll confirm the final purchase amount (including the exchange rate to be applied) and instalments payable by you under a Clearpay Plan. The exchange rate used will change regularly to reflect the currency fluctuations in the foreign exchange market. We’ll not charge you any set up fees or foreign exchange commission to perform the exchange conversion to UK sterling; however, we may make a margin on any exchange conversion, which may be considered an indirect cost to you. The margin is the difference between the wholesale exchange rate that we may be able to obtain for the foreign currency and the exchange rate that we provide as part of the foreign exchange transaction. We’ll confirm the final amount and instalments payable by you under a Clearpay Plan. Repayments will always be taken from your payment method in UK sterling.
13. Can I buy gift cards on your website or app?
Where we approve an Order, and you enter a Clearpay Plan for the purchase of gift cards from third parties on our website or app, additional terms and conditions will apply. These will be notified to you at the time of your purchase. Please read all third-party terms and conditions before you place your Order for a gift card. Yours and our obligations and rights under this agreement in respect of Orders and Clearpay Plans with retailers will apply in the same way to your purchases of gift cards from third parties on our website or app.
14. How do I pay you under a Clearpay Plan?
The conditions are that you cannot delay:
• more than one (1) payment in each Clearpay Plan
• the first or last payment of a Clearpay Plan
• an overdue payment (including any payments you have delayed that subsequently become overdue)
• a payment within 24 hours of an instalment payment date
• a payment if your Clearpay account is less than 42 days old
• a payment if you are on a hardship programme
• a payment with restricted merchants who have disabled this benefit.
By entering a Clearpay Plan, you authorise us to automatically deduct payments from your payment method for the instalments set out in a payment schedule for each Clearpay Plan on the due dates under a CPA. You can cancel a CPA at any time by contacting your bank but if you do cancel a CPA, you will still owe us the instalment payments under a Clearpay Plan and you will need to make the payments by a different method.
A CPA means a continuous payment authority. It is a one-time or regular automatic payment where you give us permission to take money from your debit or credit card account to pay the instalments owed on the scheduled dates under a Clearpay Plan.
15. Can I repay a Clearpay Plan early?
16. Do you charge interest?
17. Do you charge late fees?
We only charge late fees if you do not pay on time. The late fees charged are:
18. How we manage late payments
19. What if I cannot pay a Clearpay Plan on time or I am struggling financially?
If you are not able to pay us on time, please contact us as soon as possible so we can help you. Please click here for more information on financial difficulties.
Refunds and Cancellations
20. How do I request a refund?
If you want to return goods to a retailer and request a refund, you need to contact the retailer and arrange the return and refund according to the retailer’s terms and conditions, policies or your consumer law rights.
You can notify Clearpay of a return to stop payments and avoid a late payment fee. You can find out more information in clause 21 below.
21. Can I notify Clearpay of a return so I can stop payments and avoid a late payment fee?
22. How do I cancel a Clearpay Plan?
Complaints
23. Complaints about retailers
24. Complaints about Clearpay
If you have any questions, concerns or complaints about us, your Orders, or any Clearpay Plans, please contact our customer services team as soon as possible. We take all complaints seriously and we will try to put things right. We may ask you to help us sort your complaint by requesting additional information and assistance. Please click here for more information on our complaints process.
Notices and Communications
25. Contacting you
26. Contacting Clearpay
General
27. Your consumer rights
28. Our intellectual property
29. Changes to these terms and conditions
30. Relationship between Clearpay and retailers
31. Liability
32. Rights and obligations
33. Our right to enforce the agreement
34. Taking legal action