Afterpay Business Hub – Terms of Use
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General
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These Terms of Use apply to your use of the Afterpay Business Hub and
apply in addition to the merchant agreement between the Merchant and
Afterpay for the provision of deferred payment services (Merchant Agreement).
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In these Terms of Use: (a) Afterpay means the Afterpay legal entity
identified in the Merchant Agreement; and (b) “you”,
“your” or “Merchant” means the merchant legal
entity identified in the Merchant Agreement.
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By using the Afterpay Business Hub, you confirm that you accept these
Terms of Use. If you do not agree to these Terms of Use, you must not
use the Afterpay Business Hub. We amend these Terms of Use from time to time. Every time you use the Afterpay Business Hub, please check these
Terms of Use to ensure you understand the terms that apply at that
time.
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Any capitalised term in these Terms of Use that are not defined
within these Terms of Use shall have the meaning assigned to it in the
Merchant Agreement.
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Business Hub
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The Afterpay Business Hub allows you to view, manage and update certain
Merchant details in relation to the Merchant’s Afterpay account
and is made available free of any additional charges.
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The Afterpay Business Hub is provided “as is” and we may
update and change the Afterpay Business Hub from time to time, for
example, to reflect changes to our products, our users' needs and
our business priorities. We will try to give you reasonable notice of
any major changes but the Afterpay Business Hub may be subject to
unexpected downtime. We do not guarantee that the Afterpay Business
Hub, or any content on it, will always be available or be
uninterrupted. We may suspend or withdraw or restrict the availability
of all or any part of the Afterpay Business Hub for business and
operational reasons. We will try to give you reasonable notice of any
suspension or withdrawal.
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You are also responsible for ensuring that all persons who access the
Afterpay Business Hub are aware of these Terms of Use, and that they
comply with them.
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You can access the Afterpay Business Hub by using the login
credentials that you create when you first set up your Afterpay
Business Hub merchant login. These credentials are for the Merchant's use only and may not be
provided to any third party, including separate legal entities within
the Merchant's own legal group and sub-processors, except as otherwise expressly permitted by Afterpay.
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You must keep your credentials confidential and must ensure that access to the Afterpay Business Hub is restricted to authorised persons only, including by
undertaking reasonable security measures to keep usernames and
passwords secure. If you know or suspect that anyone other than you
knows your user identification, username or password, you must promptly notify us at [email protected].
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You must not use or try to use the Afterpay Business Hub for a
purpose outside of the scope and intention of these Terms of Use and
the Merchant Agreement. This includes, without limitation, exporting
any personal data from the Afterpay Business Hub or using any data
accessible in the Afterpay Business Hub for any purpose other than the
purposes as contemplated by these Terms of Use and our Merchant
Agreement with you. You must not attempt to compromise or bypass the security controls of
the Afterpay Business Hub or undertake any activities that might
directly or indirectly impact the security of the Afterpay Business Hub.
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Access to the Afterpay Business Hub as well as all changes performed by all users of the Merchant will be logged by Afterpay for security reasons and in order to comply with any applicable regulatory obligations
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In case of a breach or suspected breach of these Terms of Use, Afterpay reserves the right to restrict or revoke access to the Afterpay Business Hub, in addition to any remedies set out in the Merchant
Agreement.
- Afterpay iQ
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We may offer you access to Afterpay iQ from time to time. You may not
assign or otherwise transfer these Terms of Use, including without
limitation your right to access Afterpay iQ whether or not pursuant to
an executed order form. If we provide you access to Afterpay iQ, it
shall constitute a personal, limited, nonexclusive, revokable,
non-transferable license to access Afterpay iQ and the data,
information, and other content displayed or otherwise made available
therein (collectively, “Afterpay iQ Content”) for your internal
business purposes pursuant to these Terms of Use. You may not
distribute, sell, sublicense, rent, lease or otherwise grant access to
Afterpay iQ or Afterpay iQ Content outside of your organization for
your internal business purposes and may not decompile, disassemble, or
otherwise reverse engineer or attempt to reconstruct or discover any
source, underlying data, or personal information in or relating to
Afterpay iQ or the Afterpay iQ Content, by any means whatsoever. We
may limit or revoke your access and/or license to Afterpay iQ at any
time in our discretion and without notice. We reserve the right to
make your access to Afterpay iQ conditioned upon such further terms
and conditions, including those that may be contained in an order form
mutually executed by the parties. For the avoidance of doubt, Afterpay
iQ is a part of Afterpay Business Hub.
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Our responsibility for loss or damage
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We do not exclude or limit in any way our liability to you where it
would be unlawful to do so. This includes liability for death or
personal injury caused by our negligence or the negligence of our
employees, agents or subcontractors and for fraud or fraudulent
misrepresentation.
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The Afterpay Business Hub is provided “as is” and we
exclude all implied conditions, warranties, representations or other
terms that may apply to the Afterpay Business Hub or any content on
it. We will not be liable to you for any loss or damage, whether in
contract, tort (including negligence), breach of statutory duty, or
otherwise, even if foreseeable, arising under or in connection with
use of, or inability to use, the Afterpay Business Hub, or use of or
reliance on any content displayed on the Afterpay Business Hub. In
particular, we will not be liable for:
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loss of profits, sales, business, or revenue;
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business interruption;
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loss of anticipated savings;
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loss of business opportunity, goodwill or reputation; or
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any indirect or consequential loss or damage.
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Data and content
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Any information, including personal data, will be subject to both
parties' applicable confidentiality, privacy and data protection
obligations set out in the Merchant Agreement.
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When you use the Afterpay Business Hub, Afterpay collects and handles
personal data in accordance with its Merchant Privacy Policy.
- General
These Terms of Use are governed by the laws set out in your Merchant
Agreement. Any disputes shall be governed according to your Merchant
Agreement.