General Terms and Conditions AfterPay Portal
Version 1, valid from 1 June 2022.
Welcome to the AfterPay Portal!
These are the General Terms and Conditions (hereinafter referred to as "GTC") of Arvato Finance BV, registered in the Commercial Register of the Heerenveen District Court under registration code 08203350, legally represented by Rene Keijzer and Jan Altersten, KR Poststraat 66, 8441ER, Heerenveen, e-mail: APS@arvato.com, telephone: +31 (0)20 -7230 270. The system of AfterPay ("Afterbold textPay") is the basis for the use of the AfterPay portal ("Portal") and your Customer Account ("Customer Account"). The GTC only apply to AfterPay Customer Accounts of customers with a billing address in the Netherlands.
The Portal is available in the Dutch language and can only be used by AfterPay invoice recipients. "Invoice recipient" in the sense of these GTC is any adult natural person who has chosen AfterPay as a payment method for an order in a webshop and has therefore received one or more invoices from AfterPay.
AfterPay makes the Portal available for both Android and iOS based mobile devices. Delays in the availability of the software are beyond the responsibility of AfterPay and shall therefore not give rise to any claim against AfterPay or any right for you to terminate the agreement.
By agreeing to these GTC, an agreement on the use of the Portal and your Customer Account is established between you and AfterPay under the following terms and conditions ("User Agreement"). These GTC shall also apply to future versions of the Portal, provided that these new versions do not contain any changes to the GTC.
Please note that you must be at least 18 years old and have full legal capacity to conclude a contract for the use of the portal and to open a customer account.
Please note that additional terms may apply to the payment method you choose if you decide to pay using one of the payment methods we offer.
1. Registration and compliance with these GTC
a. To use the Portal, you must open a customer account. For this purpose you register with your e-mail address when you open the Portal for the first time. Please note that for the registration you have to use the same e-mail address that you used to place your order in the webshop for which you chose AfterPay as your payment method. After you have clicked on "Send Registration Link", you will receive an e-mail from us to confirm your registration by clicking on the link contained therein.
b. With your agreement to these GTC when requesting the login link, but at the latest when using the Portal, the user agreement between you and AfterPay comes into effect.
2. Using the portal and your customer account
a. AfterPay hereby grants you the free, revocable, non-exclusive, non-transferable, non-sublicensable and time-limited right to use your Customer Account, the Portal and the content of any kind contained therein, e.g. data, software, text, images, etc. ("Content"). This grant of the right of use by AfterPay to you applies exclusively in accordance with these GTC and may be informally withdrawn by AfterPay at any time.
b. Any improper use of the Portal and your Customer Account is prohibited. In particular, you undertake not to use your Customer Account to commit illegal or criminal offences or to infringe the rights of third parties (in particular trademark rights, personality rights or copyrights).
c. In addition, you shall take reasonable steps to prevent unauthorised third-party access to the Portal and your Customer Account. You also ensure appropriate security and control over your account (e.g. email) that you use to access the Portal and your Customer Account.
d. If you have a reasonable suspicion that a third party has become aware of your password or has access to any of your devices that you use to access the Portal or your Customer Account, you must notify us immediately. You are liable for any misuse by third parties unless you can prove to us that you are not at fault for such misuse.
e. You undertake to notify AfterPay by e-mail to email@example.com if the data in your Customer Account profile changes, in particular your name, postal address, e-mail address, payment details and other contact details.
3. Your services in the AfterPay Portal
3.1 Overview of open orders and forward contracts
a. If you have paid for your order at a webshop with an AfterPay payment method, you can view your outstanding invoices and any outstanding instalments from AfterPay instalment agreements and their respective due dates at any time in your Customer Account.
b. In the history you can also find all your already paid orders.
Flex is the flexible solution for spread-out payments for your AfterPay invoices. The option to sign up for a Flex installment agreement is currently only available through the MyAfterPay portal. Please note that:
a. We can only offer you Flex if you have the right creditworthiness, i.e. after performing a credit check,
b. We have to make a written agreement with you for Flex according to Dutch law. This means you have to digitally sign the contract. Only after the contract has been executed will you be able to use the benefits of Flex in the My AfterPay portal (notably adding more invoices and adjusting the monthly amount).
c. If you wish to enter into a Flex term agreement with us ("Flex Agreement"), the general terms and conditions for the AfterPay Flex shall apply in addition and with priority,
see General Terms and Conditions AfterPay Flex.
4. Availability of the portal and your customer account
a. AfterPay has the right to further develop the portal, its functions and features at any time.
b. In order to use the Portal, your Customer Account and all other functions and Content relating to the Portal, you need an internet-capable device and functioning internet access with a reasonably high bandwidth. You are responsible for the costs of this.
c. We will use commercially reasonable efforts to ensure that the Portal and your customer account will be available uninterrupted and error-free at all times. However, please note that we cannot guarantee that the Portal, its functions, your customer account and content will work and be available without interruption and without errors at all times. In particular, maintenance work, safety and capacity reasons, technical conditions and events beyond our control may lead to temporary unavailability of the Portal and your Customer Account.
d. We reserve the right to restrict access and availability of the Portal and your Customer Account if the security of network operation, preservation of network integrity, in particular the avoidance of serious disruption to the network, software or stored data so requires. Furthermore, we are entitled at any time to change, expand and temporarily or permanently suspend the functionality of the Portal and your Customer Account. You therefore have no claim on the use of individual or all the functionalities of the Portal and your Customer Account, in particular not on permanent availability.
5. Troubleshooting and liability of AfterPay
a. To the extent that AfterPay determines that the Portal or any functionality related to the Portal, including your Customer Account, is defective, AfterPay shall use commercially reasonable efforts to remedy such defects, for example by providing you with an update.
b. AfterPay informs you about updates to the Portal on the MyAfterPay portal and makes them available. If you do not install the updates provided by AfterPay, AfterPay shall not be liable for any deviations from the contractual state of the Portal resulting from the absence of the corresponding update.
c. AfterPay shall in any case be liable in accordance with the statutory provisions in the following cases for compensation of costs and damages (hereinafter referred to as "Damages"): In case of Product Liability within the meaning of the Civil Code, Book 6, Title 3 Section 3; in case of intentional or fraudulent misrepresentation; in case of gross negligence; for damage to life, body or health; in case of assumption of a guarantee by AfterPay; as well as in all other cases of mandatory legal liability.
d. AfterPay is also liable for damages according to the statutory provisions in case of culpable breach of so-called core terms (this is an obligation whose fulfilment primarily enables the proper performance of the contract and whose fulfilment the contracting party trusts and may rely upon). Insofar as the breach of a core agreement was only caused by slight negligence and did not lead to injury to life, body or health, your claims for compensation are limited to the reasonably foreseeable damage typical of the contract.
e. In all other cases, your claims for compensation against AfterPay - for whatever legal reason, in particular because of a material defect, defect of title and/or the violation of other obligations arising from the contractual obligation or from a pre-contractual obligation by AfterPay , a legal representative, employee or vicarious agent of AfterPay , or in tort - are excluded.
f. Insofar as the liability of AfterPay is excluded or limited according to the above provisions, this also applies to the personal liability of AfterPay's legal representatives, employees and vicarious agents.
6. Accuracy and reliability of content and functionality
AfterPay accepts no liability for third party content in the Portal. AfterPay obtains information from sources we consider reliable. However, no guarantee can be given regarding the quality and truthfulness of this information. Liability for intent and gross negligence remains unaffected. All statements of opinion reflect solely the current assessment of the respective author(s) of the statements and do not represent the opinion of AfterPay, unless they explicitly represent an opinion or assessment of AfterPay. The opinions and ratings expressed in the Portal are subject to change without notice.
7. References to other Internet areas and websites ("links")
The Portal may contain links. These links may lead to content originating from and published by independent operators or other third parties. AfterPay has no knowledge of the contents and AfterPay has no influence on the current and future design and information of the linked sites. Links do not represent opinions, recommendations, analyses in favour of the contents of the links by AfterPay. AfterPay is not responsible for this third party content and accepts no liability whatsoever. The use of such third party information is therefore your own responsibility. If you notice that AfterPay refers to pages with illegal or questionable content, please inform us so that we can remove the corresponding link immediately.
8. Your liability
a. You are obliged to provide correct information at all times and to act only under your own identity. Any use of information that does not belong to you or that you are not permitted to use for any other reason, and any use of the Portal or your Customer Account in a manner that is not prescribed, is considered abuse. We may store and use any data relating to abuse or suspected abuse for future risk assessment and user protection.
b. You are liable for all claims, including but not limited to costs, interest, fees or penalties, made against AfterPay as a result of any culpable breach of these GTC by you.
9. Blocking of the Portal / closure of your Customer Account & termination of the contract
a. The user agreement between you and AfterPay with regard to the use of the Portal and your Customer Account is entered into for an indefinite period of time and can be terminated subject to the provisions below.
b. You can close your customer account at any time and thereby terminate the user agreement with us. If you no longer wish to use the benefits of the Portal and your Customer Account, please contact firstname.lastname@example.org.
c. We can block or have blocked the Portal at any time, close your customer account for good reason and thereby terminate the user agreement if:
• You persistently and seriously violate these GTC, any other agreement with us and/or applicable law;
• You fail to install a security-relevant update/upgrade of the Portal, even though you have been properly informed of its existence.
d. Furthermore, we are entitled to temporarily block the Portal or your Customer Account if any unauthorised, unlawful, criminal and/or illegal use of your Customer Account occurs or threatens to occur (e.g. if you make your device available to an unauthorised third party for use of the Portal).
e. If we close or temporarily block the Portal or your Customer Account, we will notify you immediately. In the case of a temporary suspension, we will also inform you of the steps required to restore your account. Your Customer Account will remain blocked until you restore it.
f. If your Customer Account is closed, then:
- our User Agreement based on these GTC shall terminate with immediate effect;
- you are no longer authorised to use the Portal / your Customer Account;
- you remain fully responsible for any outstanding obligations in relation to your Customer Account from the time before its closure;
- we may keep your customer account data for as long as necessary to fulfil our legal obligations.
g. Please note that the User Agreement cannot be terminated until you have fulfilled all obligations from existing invoices or installment contracts. Termination of the User Agreement does not automatically result in termination of other existing agreements between AfterPay and you (e.g. term contracts), these will continue to exist. Deleting your Customer Account does not affect your payment obligations from outstanding invoices or any outstanding forward agreements in your Customer Account. However, once your Customer Account is closed, you can no longer add invoices to an existing Flex contract.
10. Intellectual Property
a. AfterPay is the sole and exclusive owner of the rights to the Portal and its content. You are not granted any rights other than the rights granted to you under article 2 under a.
b. All content included in or provided through the Portal, such as text, graphics, logos, images, illustrations, designs, icons, photographs, audio, clips, digital downloads, data and materials, including trademarks, domain names, service names, product names, is the property of AfterPay (or its licensors) and is protected by Dutch and international copyright laws, database law, trademark law and/or other intellectual property rights. Any use and/or reproduction of the content in violation of the provisions of the GTC without the prior explicit consent of AfterPay is a violation of applicable law, is prohibited under these GTC and gives AfterPay the right to terminate this User Agreement with you pursuant to article 9.
c. The use of automated systems or software to extract data from the Portal, in particular for commercial purposes, is prohibited.
11. Data protection
12. Languages and communication
a. We use Dutch as standard language in our communication with you. On request, we can also communicate with you in English.
b. These GTC shall only form part of the User Agreement in the Dutch language. Any translation of these GTC into another language is for convenience only and is not intended to change the terms of these GTC. In case of conflict between the Dutch version of these GTC and a version in another language, the Dutch version shall prevail as the binding version.
c. You agree that all consents, notices, disclosures and other communications that we send to you electronically need not be in writing, unless otherwise required by mandatory legal provisions.
d. You can find the contact details of AfterPay on our website. You can find our customer service page here.
13. Complaints/Dispute resolution
a. In case of problems between you and AfterPay, you can contact our internal complaint mechanism: email@example.com.
b. If AfterPay does not resolve the issue to your satisfaction, you can contact the European Commission's online dispute resolution platform, which can be found at: https://ec.europa.eu/consumers/odr/. Consumers can use the platform for dispute resolution and submit their concerns in Dutch or any other official language of the European Union.
c. Please note that AfterPay is not obliged or willing to participate in a dispute resolution procedure before a consumer arbitration board.
14. Other provisions
a. AfterPay reserves the right to have the operation of the Portal carried out by third parties.
b. The non-exercise or postponement of rights by AfterPay shall in no event be construed as a waiver of such right. The partial exercise of a right shall not prevent its further exercise. The renunciation of a right does not imply the renunciation or modification of any other right.
c. Please note that you are not entitled to transfer or assign any rights or obligations arising from the User Agreement to third parties. Any deviating User Agreements or general terms and conditions of yours shall not apply.
15. Applicable law
a. These GTC and the User Agreement between you and AfterPay are governed by Dutch law with the exclusion of (i) the rules of international private law and (ii) the United Nations Convention on Contracts for the International Sale of Goods (UN CISG). This also applies if you access the Portal from outside the Netherlands.
b. If you are a consumer with habitual residence in the EU, you also enjoy the protection of the mandatory provisions of the law of your country of residence. You may choose to bring actions relating to these GTC and the User Agreement that arise from consumer protection standards before the courts both in the Netherlands and in the EU Member State where you reside.
c. If any provision of these GTC or any future amendment of these GTC is found to be invalid, void or for any reason unenforceable, the validity and enforceability of the remaining amendments or conditions shall not be affected thereby. The parties undertake in such a case to agree a valid replacement provision which comes as close as possible to the invalid provision or the purpose intended by the invalid provision. The same applies in the event of a loophole.
16. Amendment of these GTC
AfterPay is entitled to amend these GTC. AfterPay will inform you in an appropriate manner about the changes to the GTC. Legal acts performed before the amendment shall remain subject to the original GTC. You shall be deemed to have approved the changes to the GTC if you continue to use the Portal and your Customer Account after the new GTC have entered into force and you do not expressly object to them or terminate the agreement within two (2) weeks after the changes have entered into force.