Introduction

1. Our relationship with you

Welcome to Clearpay! Our full name is Clearpay Finance Limited, and our company number is 05198026. We have a registered office at 101 New Cavendish Street, London, W1W 6XH.
Clearpay Finance Limited is deemed authorised and regulated by the Financial Conduct Authority for the purposes of the Temporary Permission regime for Regulated Deferred Payment Credit. Details of the Temporary Permission regime, which allows firms to carry on deferred payment credit activities while seeking full authorisation, are available on the Financial Conduct Authority's website.

These Terms of Service govern your use of your Clearpay account and our services generally. When you enter into a Clearpay Plan, the terms of that Clearpay Plan (comprised of the Key Product Information and the Terms and Conditions of your Clearpay Plan) will form a separate Clearpay Plan Agreement. These Terms of Service are incorporated by reference into each Clearpay Plan Agreement.

A credit agreement applies to you when:
you ask us to finance your purchase of goods or services offered by our retailers (this is an "Order"); and
we provide you with a credit plan which sets out the rules of us providing you finance under each Order (this is a "Clearpay Plan").

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

Clearpay is available for UK residents (excluding Channel Islands) aged 18+. See section 3 for full eligibility criteria.
It's important to note that other terms may also apply when using our services. These include:
Website Terms: These terms set out how to use our website, App and interact with any social media.
Privacy Policy: This is an important document that sets out how we will store and use your personal information.
Other Product Terms: Terms may apply when you use other services offered by us. If other terms apply, we will provide them to you or tell you where to find them.

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

Important to know!
Please use Clearpay responsibly. Using us to pay for goods or services in instalments is a form of interest free credit. It's important that you pay us on time otherwise you may incur late payment fees. We will charge a £6 late fee for each late instalment and for Orders over £24, we will 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. We will not charge late fees for orders under £24. Missed payments may affect your ability to use us in the future, we may pass unpaid debt to our debt collection agency and make reports to Credit Reference Agencies which may make it more difficult or expensive for you to borrow credit in the future. You can read more about this in your Clearpay Plan Agreement.

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

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

Changing these terms and conditions
You can find out more information about how we change these terms and conditions in section 23 below. We may update our terms from time to time so please check-in regularly.

2. What is Clearpay?

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

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

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

Your Account

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

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

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

You can create an account by visiting our website or we can create an account for you when you place your first Order. When your account is set up, you'll choose a payment method for the instalment payments. Your chosen payment method can be a credit or debit or other payment card or method accepted by us such as Apple Pay. All payment methods must be registered in your name, you must not use a payment card to make payments via Clearpay unless you are the cardholder named on that payment card.

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

4. Keeping your account safe and secure

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

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

5. How to use your account?

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

• act responsibly when using us to buy goods or services;
• pay your instalment payments on time;
• provide to us your identity documents when reasonably requested by us;
• keep your contact details accurate and up to date;
• help us to investigate any illegal or unapproved activity on your account;

• don't provide us with any false, inaccurate or misleading information;
• don't use your account for illegal purposes (such as fraud) or activities that are not approved by us;
• don't allow other people to use your account, the Clearpay Card in your digital wallet or access your security details;
• don't open or use more than one Clearpay account; and
• don't do anything to harm our systems or prevent us from providing our services.

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

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

7. How do I close my account?

Please contact us if you want to close your account. We'll help you but before we close your account, 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.

8. When can you decline a request for a Clearpay Plan or suspend or close my account?

We may decline a request for a Clearpay Plan or suspend or close your account if we have good reasons.
Good reasons include:
• to protect our systems, technology and services from harm;
• to prevent illegal activity such as fraud;
• to reduce the risk of money laundering or terrorist financing;
• to protect us from legal or regulatory risks or non-payment risk by you;
• if you break the 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 have exercised your right to withdraw from a Clearpay Plan Agreement but you have not repaid the amount due within 30 calendar days.
• 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;
• if data from our creditworthiness or affordability assessments indicates we should not provide further credit;
• if we have to under any law, regulation, court order or instructions from a regulatory authority;
• if you persistently breach one or more Clearpay Plan Agreements and we think it is the right thing to do as a responsible lender;
• to protect us from abusive, threatening, harassing or otherwise inappropriate behaviour as determined in our sole discretion.

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

9. What happens after my account is closed?

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

Orders, Payments and Billing

10. How do I place an Order?

Online purchases

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

Store purchases

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

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

Before you complete an Order using Clearpay, we'll provide you with Key Product Information setting out details of the relevant retailer, the amount of the purchase, the instalments you must pay and your payment due dates. We'll also provide Additional Product Information setting out information about certain rights you have in relation to your Clearpay Plan Agreement.

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

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

In-app purchases using a single-use Clearpay Card

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

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

11. Order approval and creating Clearpay Plans

We may perform pre-authorisation checks on your UK payment method before we agree to finance your purchase to make sure you can afford the Clearpay Plan. We may do this for all payment methods listed in your account. Please ensure all payment methods are in your name otherwise we may not be able to approve your Order.
A pre-authorisation check is where money in your bank account linked to your payment method is temporarily placed on hold when you make an online purchase or use our Clearpay Card for store purchases. This amount will not exceed the total amount of your first instalment plus 1p owed to us under a Clearpay Plan. No money is taken from your account at this stage.

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

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

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 the agreement in respect of Orders and Clearpay Plans will apply in the same way to your purchases of gift cards from third parties on our website or app.

14. Do you carry out credit checks?

When you sign up to use our services for the first time and periodically thereafter we will carry out a soft credit check with one or more Credit Reference Agencies. This check will not impact your credit score or your ability to obtain credit in the future and will be visible only to you. Please see our Privacy Policy for more information.

15. 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.

We will adjust any Clearpay Plan you have to reflect a refund in respect of the transaction financed. For more details of how a refund will affect your Clearpay Plan, see your Clearpay Plan Agreement.

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

Complaints

16. Complaints about retailers

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

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

17. 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.

In the event we are unable to resolve your complaint you have the right to refer your complaint to the Financial Ombudsman Service. You can contact them in the following ways:

Telephone: 0800 023 4567
By Post: Exchange Tower, Harbour Exchange, London, E14 9SR

Please click here for more information on our complaints process.

Notices and Communications

18. Contacting you

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

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

19. Contacting Clearpay

You can contact us by using the form on the Contact Us section of our website. Alternatively you can give us a call on: 020 4572 0628

General

20. Your consumer rights

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

21. Relationship between Clearpay and retailers

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

22. Our intellectual property

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

23. Changes to these terms and conditions

We may update these Terms of Service from time to time and the latest version will be posted on our website.

24. Liability

Nothing in the agreement affects your consumer rights or limits or excludes our liability for death or personal injury resulting from our negligence, for fraud or fraudulent misrepresentation or any other losses which cannot be limited or excluded under law.