These Afterpay Loyalty Program Terms and Conditions (“Loyalty Terms” or “Terms”) govern your participation in the Afterpay Loyalty Program (“Loyalty Program” or “Program”) known as “Pulse by Afterpay” and constitute a legally binding agreement between you and Afterpay NZ Limited NZBN  9429046246837 (“Afterpay,” “we,” “us”).  These Terms govern your participation in the Afterpay Loyalty Program.  Participation in the Program is subject to these Terms, the Afterpay New Zealand privacy policy, Afterpay New Zealand Terms of Service as well as any other agreements between Loyalty Program participants and Afterpay. Any defined terms contained herein shall have the same meaning as those in the Afterpay Terms of Service.  If there is any conflict between the Afterpay Terms of Service and these Loyalty Terms, the terms of these Loyalty Terms shall prevail. If you do not agree to these Terms you may not be a part of the Program or use any of the benefits of the Program.  The Afterpay New Zealand Terms of Service shall apply, if necessary, to resolve any disputes between you and Afterpay related to your participation in the Loyalty Program. 

1. The Afterpay Loyalty Program

The Program is offered by Afterpay and allows customers who qualify pursuant to the Program Eligibility Criteria below to participate in the Loyalty Program pursuant to these Terms.  Participants in the Loyalty Program are eligible for certain benefits if they meet the eligibility criteria outlined below.   

2. Program Eligibility Criteria

To be eligible to participate in the Loyalty Program, you must: (a) be a legal resident in New Zealand; (b) be over the age of 18; (c) have a registered New Zealand address to your Afterpay account, and (d) maintain an active Afterpay  Account in good standing as determined in Afterpay’s sole discretion throughout the duration of the Loyalty Program.  If you violate the Program Terms or any of the Afterpay Terms of Service, or any agreement between you and Afterpay, Afterpay may, at its discretion, suspend or terminate your ability to participate in the Loyalty Program. 

In order to qualify for the Loyalty Program, you must complete at least fifteen (15) on time successful payments on orders of forty (40) New Zealand dollars or more per customer account and have no more than three  (3) late payments on your Afterpay account within a single Eligibility Period (defined below). A late payment is any payment that is not paid on or before the due date for the payment regardless of whether any applicable late fee is charged.  Any payment that is made at the time an order is placed, (up front payment) does not count towards the fifteen (15) on time successful payments necessary to qualify for the Loyalty Program.  If a payment is completed on an order that is later validly refunded, Afterpay will, in its sole discretion, determine whether Afterpay will allow that payment to count towards Loyalty Program eligibility. Payments on Afterpay orders involving cross-border transactions will not count towards the fifteen (15) on time successful payments necessary to qualify for the Loyalty Program. 

Once you complete fifteen (15) on time successful payments on orders of forty (40) New Zealand dollars or more and you have not made any more than three (3) late payments within an Eligibility Period, you will be eligible for the Loyalty Program and you will be notified of your option to participate in the Loyalty Program.

Please note, Eligibility Periods will vary depending on whether you have an existing Afterpay account before November 1, 2020 (“Existing Customer”) or if you sign up for an Afterpay account on or after November 1, 2020 (“New Customer”).

3. Eligibility Periods and Eligibility Start Date

New Customers: For New Customers, Eligibility Periods will be from the beginning of the calendar month you sign up and end 6 calendar months after that date, with two Eligibility Periodsevery calendar year. For example, if you sign up with an Afterpay account on November 4, 2020, your Eligibility Periods will be November 1 to April 30 and May 1 to October 31.

See Table 1 below for the Eligibility Periods for New Customers.

For purposes of qualifying for the Loyalty Program, the number of on time successful payments and the number of late payments will reset at the beginning of each Eligibility Period every calendar year.  Using the example dates above, if you have 14 on time successful payments on April 30, starting on May 1 that number of on time successful payments will reset to 0 and you will need to have 15 on time successful payments during the Eligibility Period from May 1 to October 31 to be eligible for the Loyalty Program. 

Once you meet the Loyalty Program eligibility requirements, you will be able to participate in the Loyalty Program immediately and through the next Eligibility Period.  Again using the example from above, if you signed up for an Afterpay account on November 4 and you become eligible for the Loyalty Program on December 1, you may participate in the Loyalty Program immediately on December 1 through April 30 of the next year as well as during the next Eligibility Period from May 1 to October 31 following the year after you signed up for the Afterpay account (if you signed up on November 4).

Table 1: Eligibility Periods for New Customers

Existing Customers: For Existing Customers, Eligibility Periods will be from November 1 to April 30 and May 1 to October 31 every calendar year.

For purposes of qualifying for the Loyalty Program, the number of on time successful payments and the number of late payments will reset at the beginning of each Eligibility Period (i.e. at May 1 and November 1 each year). For example, if you have 14 on time successful payments on April 30, starting on May 1 that number of on time successful payments will reset to 0 and you will need to have 15 on time successful payments during the Eligibility Period from May 1 to October 31 to be eligible for the Loyalty Program. 

Once you meet the Loyalty Program eligibility requirements, you will be able to participate in the Loyalty Program immediately and through the next Eligibility Period.  For example, if you become eligible for the Loyalty Program on January 1, you may participate in the Loyalty Program through April 30 of that year as well as the next Eligibility Period from May 1 to October 31 of that year.

4. Disqualification from Eligibility 

a) Disqualification Due to Number of Late Payments

After you choose to be part of the Loyalty Program and you have more than three (3) late payments, (including any late payments made before your participation in the Loyalty Program) you will be immediately disqualified from the Loyalty Program and will not be able to participate in the Loyalty Program for duration of that Eligibility Period. Thereafter, in the next Eligibility Period, once you make fifteen (15) on time successful payments on Afterpay orders that are over forty (40) New Zealand dollars per customer account and have no more than three (3) late payments on your Afterpay account, you will then be able to participate in the Loyalty Program pursuant to the Loyalty Program terms and conditions current at that time. A late payment is any payment that is not paid on or before the due date for the payment regardless of whether any applicable late fee is charged.  

If an instalment is overdue but later the status is changed to non-overdue due to a date change or is waived due to a return or other circumstance, the instalment will still be determined to be late for disqualification from Loyalty Program purposes. 

As stated above, the number of late payments that is used to determine disqualification from eligibility for the Loyalty Program purposes resets for Existing Customers on May 1 and November 1 every year (for Existing Customers) and at the start of the applicable calendar months based upon New Customers’ Eligibility Periods as determined by the date a New Customer creates their Afterpay accounttheir individual Eligibility Periods (for New Customers).

b) Disqualification Due To Number of On Time Successful Payments 
 

After you choose to be part of the Loyalty Program and you do not make at least fifteen (15) on time successful payments during an Eligibility Period, you will be permitted to remain in the Loyalty Program until the end of that Eligibility Period but will be disqualified from the next Eligibility Period. Thereafter, in that next Eligibility Period, once you make fifteen (15) on time successful payments on Afterpay orders that are over forty (40) New Zealand dollars per customer account and have no more than three (3) late payments on your Afterpay account, you will then be able to participate in the Loyalty Program pursuant to the Loyalty Program terms and conditions current at that time. 

As stated above, the number of on time successful payments that is used to determine disqualification from eligibility for the Loyalty Program purposes resets for Existing Customers on May 1 and November 1 every year and at the start of applicable calendar months based upon New Customers’ Eligibility Periods as determined by the date a New Customer creates their Afterpay account.  

5. Benefits

Once you choose to participate in the Loyalty Program, you will receive the following benefits during the following time frame: the Eligibility Period in which you qualify for participation in the Loyalty Program and the immediately following Eligibility Period (for example if you qualify for participation in the Loyalty Program as an Existing Customer on January 1, you will have the Benefits below from January 1 through April 30 and from May 1 to October 31 of that year):

• No payment up front on eligible orders if this feature is available in your jurisdiction.  You will receive a message that you have nothing to pay at the time you complete your order if an order is eligible for no payment up front. The no payment up front feature is not available on Afterpay gift cards, or for purchase from restricted merchants or restricted industries, as determined in Afterpay’s sole discretion. For the avoidance of doubt, the no payment up front feature is available for the Afterpay in-store product in New Zealand.  
• You will have the option to change up to six (6) payment dates on existing and future Afterpay orders.  
• You may be invited to select Afterpay promotions, and offers and features.

Afterpay reserves the right to hold back or otherwise suspend Loyalty Program benefits in its sole discretion to investigate compliance with Afterpay’s policies.  

6. Limitation of Liability

To the extent not prohibited by law, under no circumstances shall we, our subsidiaries, partners, or related bodies corporate, be liable to you for:  (a) personal injury or any indirect, incidental, consequential, special or exemplary damages, arising from or relating to these Terms or the Loyalty Program; or (b) except as required under applicable law, any indirect, incidental, consequential, special or exemplary damages, arising from or relating to the conduct of you or anyone else in connection with the Loyalty Program. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY. ACCORDINGLY, SOME OF THIS SECTION MAY NOT APPLY TO YOU. You agree that if any lawsuit or court proceeding is permitted under these Terms, the aggregate liability of Afterpay and our related bodies corporate and suppliers to you for all claims arising out of or related to these Terms or your use or inability to participate in the Loyalty Program will not (other than as may be required by applicable law in cases involving personal injury) exceed the amount of five hundred New Zealand dollars ($500.00).  These limitations will apply even if the above stated remedy fails of its essential purpose.

7. Release and Indemnity

By participating in the Loyalty Program, you agree to release, indemnify and hold harmless Afterpay, its parent,  related bodies corporate, subsidiaries, and  the directors, officers, agents, representatives, shareholders, employees, successors, and assigns of thereof from any and all liability for loss, harm, damage, injury, cost, or expense whatsoever, including without limitation, economic loss, property damage, personal injury (including emotional distress), and/or death, arising out of or related to participation in the Loyalty Program, any Loyalty Program-related activity, and/ or acceptance, receipt, possession, or use/misuse of any benefits of the Loyalty Program; as well as any claims, liabilities, damages, losses and expenses, including without limitation reasonable legal and accounting fees, arising out of or in any way related to: (a) your breach or alleged breach of these Terms; (b) your violation of any rights of a third party, including but not limited to any negligent or willful misconduct of your employees, contractors, or agents, or a breach of any contracts or other relationships between you and third parties; (c) your violation of any applicable law; or (d) your failure to provide and maintain true, accurate, current and complete information in connection with your participation in the Loyalty Program. You shall cooperate as fully as reasonably required in the defense of any such claim.  Afterpay reserves the right, at its own expense, to assume the exclusive defense and control of any matter subject to indemnification by you.  You agree not to settle any matter without the prior written consent of Afterpay.  For the avoidance of doubt, this indemnification, defense and hold harmless obligation will survive these Terms and the termination or disqualification of your participation in the Loyalty Program. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, LOYALTY PROGRAM BENEFITS ARE PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, AND AFTERPAY HEREBY DISCLAIMS ALL SUCH WARRANTIES, INCLUDING BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND/OR NON-INFRINGEMENT.   

8. Loyalty Program Changes and Termination / Reservation of Rights

Afterpay may discontinue the Loyalty Program at any time and reserves the right to change the Loyalty Program Terms including eligibility criteria and benefits at any time without prior notice at Afterpay’s sole discretion.  If any modification is unacceptable to  you, your only recourse is to opt out of the Loyalty Program by contacting us by phone at 0800 461 268, standard hours: Monday through Friday 11AM to 7PM (NZST) or help.afterpay.com.  Without limiting the foregoing, Afterpay may suspend your participation in the Loyalty Program indefinitely to investigate potential violations of Afterpay’s policies without prior notice to you.

Afterpay reserves the right to cancel, suspend, and/or modify this Loyalty Program, or any part of it, if any fraud, technical failures, or any other factor impairs the integrity or proper functioning of this Loyalty Program, as determined by Afterpay in its sole discretion.  Afterpay reserves the right to withhold or remove benefits of the Loyalty Program in the event that Afterpay, in its sole discretion, determines or believes that the receipt of benefit was in error, fraudulent, illegal, or in violation of the Loyalty Program Terms or the Afterpay Terms.  The preceding in no way precludes Afterpay from taking other actions against such individuals to protect its rights.  

Any and all changes and/or amendments to these Loyalty Program Terms will become binding upon all participants to the Loyalty Program immediately.

9.  Additional Terms and Conditions and Restrictions

Participants in the Loyalty Program are responsible for any and all tax liabilities or consequences associated with their participation in the Loyalty Program.  The Loyalty Program is void where prohibited by law.   

10. Interpretation of Program Terms

All interpretations of these Program Terms will be at Afterpay's sole discretion Afterpay's decisions will be final.

11. Privacy

By participating in the Loyalty Program, you agree to Afterpay’s collection and use of your personal information and acknowledge that you have read and accepted Afterpay’s New Zealand Privacy Policy, located at https://www.afterpay.com/en-NZ/privacy-policy. In addition to any use outlined in Afterpay’s New Zealand Privacy Policy, Afterpay may also use personal information for promotional, marketing, publicity, research and profiling purposes, including sending electronic messages or telephoning you. 

12. Waiver

The waiver by Afterpay of a breach of any provision of these Terms by a Program participant shall not operate or be construed as a waiver of any other or subsequent or preceding breach by a Program participant.  Afterpay’s failure to enforce any provision of these Loyalty Program Rules in a given circumstance does not constitute the waiver of such provision.  No waiver by Afterpay of any right under the Loyalty Program shall be construed as a waiver of any other right.  Afterpay shall not be required to give notice to enforce strict adherence to all terms of the Loyalty Program.  

13. Questions

If you have any questions about the Afterpay Loyalty Program, please contact us by phone at 0800 461 268, standard hours: Monday through Friday 11AM to 7PM (NZST) or help.afterpay.com.  

PLEASE RETAIN A COPY OF THESE TERMS FOR YOUR RECORDS AND PLEASE CHECK THIS PAGE FOR ANY CHANGES TO THESE TERMS.