Purchase Payment Agreement

 

HIGHLIGHTS:

 

  • The Installment Feature allows you to pay for your purchase over 4 installments as set out on your Payment Schedule.  Installments are due every 2 weeks.
  • You must be over 18 years old and of the legal age of majority in your state of residence and be the authorized holder of an eligible US-issued debit or credit card to apply (see Section 9.1 for eligibility criteria).
  • All orders are subject to approval – for example, if you have any overdue payments, the Installment Feature will not be available to you (see Section 7.1).
  • You can make repayments any time BEFORE the due date. Otherwise, payments will be attempted on the scheduled dates from your card pursuant to the payment authorization. If a payment is not successfully processed on or before the due date and remains outstanding for the applicable grace period, a late fee of $8 may be applied (these fees are capped at 25% of the original order value).
  • The delivery/quality of goods and all refunds is the responsibility of the retailer where you make the purchase regardless of any subsequent assignment of this agreement.
  • You are agreeing to resolve all disputes through BINDING ARBITRATION and WAIVING YOUR RIGHT TO BRING A CLASS ACTION (see Section 12.4 below)

 
Please read this Purchase Payment Agreement (the “Agreement”) carefully. By clicking to accept this Agreement and purchasing a good or service from us, the Seller, you agree to be bound by this Agreement. As used in this Agreement, the term “Sites” includes any physical store of the Seller, the website of the Seller, pages within this website, any equivalent mirrors, replacements, substitutes or backup websites, and pages that are associated with these websites. The headings contained in this document are for reference purposes only. You should print a copy of this Agreement for your records.

 

ARBITRATION NOTICE

This Agreement provides that all Disputes (as defined below) between you and us will be resolved by BINDING ARBITRATION. YOU AGREE TO GIVE UP YOUR RIGHT TO GO TO COURT to assert or defend your rights under this contract, except for matters that may be taken to small claims court. Your rights will be determined by a NEUTRAL ARBITRATOR and NOT a judge or jury, and your claims cannot be brought as a class action. YOU HAVE A RIGHT TO OPT OUT OF THE BINDING ARBITRATION AND CLASS ACTION WAIVER PROVISIONS AS DESCRIBED in Section 12.4 (“Arbitration”) below.  Please review Section 12.4 for the details regarding your agreement to arbitrate any Disputes with us.

 

Please note that, upon your purchase of a good or service from us, this Agreement will be assigned to our service provider, Afterpay US, Inc. (“Afterpay”) and may be further assigned.  Once assigned, all references to “we” “us” or the “parties” will mean or include reference to Afterpay or any party to which this Agreement is assigned.  This means that the binding arbitration and class action waiver provisions described in Section 12.4 (“Arbitration”) below will apply to all Disputes between you and Afterpay following assignment of this Agreement.

 

1.              Parties to this Agreement

This Agreement is a contract between you (“you”, “your”) and the Seller (“we”, “us”, “our”).  For the avoidance of doubt, the Seller means the merchant identified on your Payment Schedule, which is hereby incorporated by reference, and the owner of the website or store from which you are purchasing goods or services (the “Seller”). It sets out the terms and conditions that apply to your purchase of goods or services on the Sites using the extended repayment plan feature described in Section 5 below (the “Installment Feature”). You agree that your acceptance of these terms and conditions and use of the Installment Feature shall constitute your acceptance of this Agreement.

 

2.              Our Relationship

By placing an order with us using the Installment Feature, you agree to pay to us, in accordance with this Agreement, the agreed amounts on the dates outlined in your Payment Schedule (as defined below), plus any additional applicable Late Fees as defined and set out in Section 5 below.

 

3.              Changes to this Agreement

We will not change any terms and conditions for an existing order that has been accepted; the terms and conditions that will apply to an accepted order are the terms and conditions that applied at the time you made the order.  We may amend this Agreement from time to time and it is your responsibility to review this Agreement prior to each use of the Installment Feature. 

 

4.              Transfers or Assignments

4.1           You cannot transfer or assign any rights you may have under this Agreement without our prior written consent.

4.2           You agree that we may appoint third party collections agencies to collect any amounts owing to us under this Agreement without your consent.

4.3           We may transfer or assign this Agreement, and any rights under this Agreement, to a third party without your consent.  We will assign this Agreement to Afterpay immediately upon your acceptance of this agreement and this Agreement shall constitute notice thereof. If, after such assignment, you desire to return goods you purchased from us, or have a complaint regarding your order, please contact us directly, as set forth in Sections 8 and 12, respectively.  Note that any questions or complaints regarding the Installment Feature should be directed to our service provider, Afterpay.

 

5.              Description of the Installment Feature

5.1           To use the Installment Feature, including making changes to your payment method and other personal information, you must create an account with our service provider, Afterpay (your “Account”) and agree to Afterpay’s Terms of Use and Privacy Policy.

5.2           The Installment Feature enables you to pay for goods or services sold through the Sites in installments. Please note that we may set certain minimum and maximum purchase amounts to use the Installment Feature.  A minimum purchase amount of $35 will apply. We may, in our discretion, apply a higher minimum purchase amount. The Installment Feature operates as follows:

(a)            First, you will review the total amount of your purchase, a list of the payment amounts that we are entitled to receive from you and the relevant due dates of each payment (“Payment Schedule”), and identify your preferred method of payment, designating an eligible US-issued credit or debit card as your “Payment Method.” ATM and prepaid debit cards are not eligible payment methods.

(b)            Next, you will place your order with us and we will send you a confirmation of your order, including an itemization of the amount financed and your Payment Schedule (“Payment Schedule Confirmation”). Your Payment Schedule will also be available through your Account and is hereby incorporated into this Agreement by reference along with your Payment Schedule Confirmation.

(c)            As described in your Payment Schedule, we will collect four (4) payments (each, an “Installment Payment”) by charging your selected Payment Method according to your Payment Schedule. 

(d)            Where you make your first Installment Payment at the time you place an order with us, and if that payment is considered to be processed prior to assignment of this agreement to Afterpay, Afterpay will collect this first Installment Payment as our limited payment collection agent.  Your payment to Afterpay shall be considered the same as a payment made directly to us and your payment obligation to us for your first Installment Payment shall be extinguished upon receipt of such payment by Afterpay.

(e)        Refer to this Agreement and to your Payment Schedule Confirmation for relevant information about nonpayment, default, the right to accelerate the maturity of this Agreement, and prepayment.

5.3           You are responsible for ensuring that you have sufficient funds via your Payment Method available to make Installment Payments on the dates specified in your Payment Schedule.

5.4           Late Payments

(a)            There are no service fees or interest associated with using the Installment Feature.  However, if a payment is not paid prior to the Due Date as specified in your Payment Schedule, and the Installment Payment is not successfully processed on the Due Date, you will be responsible for the following fees (“Late Fees”):

                                                   (i)               If an installment payment is due in accordance with the Payment Schedule on a particular date (the “Due Date”) and remains unpaid for a period of ten days, an $8.00 Late Fee will be imposed;

                                                  (ii)               However, the aggregate sum of Late Fees associated with a particular order will not exceed 25% of the order value at the time of purchase. Thus, lower value purchases may be subject to fewer or lesser Late Fees in the event of late payment.

                                                  (iii)               Please note that the cap on Late Fees is calculated based on your order value at the time of purchase. Subsequent refunds or discounts provided by a Seller will not affect the calculation of Late Fees that you may owe.

                                                  (iv)               Notwithstanding the terms set forth in clauses (i) through (iii) above, in no event will you be required to pay Late Fees that would be prohibited or considered to be a finance charge under applicable state law.  In such circumstances, and otherwise in our sole discretion, we will adjust the amount, frequency or grace period of Late Fees for residents of certain states. We may charge the maximum Late Fees authorized by law.

 

(b)            You authorize us, to the extent permitted by law, to satisfy any monetary liability you owe us by (1) debiting your Payment Method at a later time or date in accordance with the Payment Authorization, (2) debiting any other debit or credit card for which you have provided details, (3) offsetting the payment amount against any amounts we may owe to you, or (4) any other legal means.

(c)            We may, in our sole discretion, reasonably delay the application of, or waive wholly or partly, any Late Fee. If Late Fees are or may be incurred as a result of our error, we will waive or refund such fees, as applicable.

5.5           If you fail to make payments in accordance with your Payment Schedule, we reserve the right to limit, restrict, suspend or terminate your access to the Installment Feature in the future.

5.6       We do not give any express warranty or guarantee as to the suitability, reliability or availability of the Installment Feature.

5.7       If you fail to make any payment when due in the manner required by this Agreement, you will be delinquent.  If you are delinquent or have file or have instituted against you bankruptcy or insolvency proceedings, we may in our discretion, to the extent and at the time permitted by applicable law, deem you in default and accelerate the maturity of this Agreement and all payments due hereunder.

 

6.              INSTALLMENT PAYMENT AUTHORIZATION

6.1           You hereby expressly consent to, authorize and instruct us to initiate recurring debit or credit card payments from the debit or credit card you specify for the amounts and on the scheduled dates set out in your Payment Schedule. All Installment Payments will be automatically charged to the designated credit or debit card in accordance with your Payment Schedule. You acknowledge that you are giving us (and subsequent to the assignment of this Agreement, Afterpay) the ability to collect or reverse variable payment amounts from or to your Payment Method, in accordance with your Payment Schedule and the terms of this Agreement.

6.2           If we or Afterpay are unable to collect any installment payments because your specified debit or credit card is declined, in addition to the authorization above, you expressly consent to, authorize and instruct us to charge your specified debit or credit card to collect the total of any such missed Installment Payment (plus, for the avoidance of doubt, assessed Late Fees, in accordance with Section 5.4).  We may charge such amount at any time prior to or within 15 days of the final due date specified on your Payment Schedule. 

6.3           You agree to be bound by any rules that your debit or credit card issuer requires for pre-authorized debit or credit card transactions. You are responsible for all fees charged by your financial institution associated with the Installment Payment.

6.4           You must update your Account with all changes to your credit/debit card information by logging into your Account. If you do not update your Account with changes to your credit/debit card information and we are unable to charge your credit card or withdraw funds from your debit card for the amount due, you will be subject to Late Fees and you may be subject to fees or charges assessed by your financial institution.

6.5           NEITHER WE NOR AFTERPAY SHALL BEAR ANY LIABILITY OR RESPONSIBILITY FOR ANY LOSSES OF ANY KIND THAT YOU MAY INCUR AS A RESULT OF A PAYMENT MADE ON ITEMS INCORRECTLY BILLED OR FOR ANY DELAY IN THE ACTUAL DATE ON WHICH YOUR ACCOUNT IS DEBITED OR YOUR CREDIT CARD IS CHARGED, except to the extent that such fees or charges arise as a result of error or system failure. If any fees or charges are imposed as a result of error or system failure, please provide our service provider Afterpay with a copy of the relevant records, and if Afterpay determines such error was made then you will be reimbursed for the relevant fees or charges.

 

7.              Order Confirmation and Cancellation

7.1           All orders that you place with us that utilize the Installment Feature are subject to approval.  We may, in our sole discretion, not provide the Installment Feature to you, or cancel an approved order before the goods or services are delivered or supplied for any reason including but not limited to your history of transactions with our service provider Afterpay or to prevent against fraud, legal, regulatory or nonpayment risk.

7.2           If your previously approved use of the Installment Feature is cancelled:

(a)            You will receive a full refund of any amounts you have paid (excluding any chargebacks or other fees incurred in relation to your payment) to your Payment Method or, if that is not possible, to any other payment source as directed by you (and approved by us), and will cancel any future payments related to that order;

(b)            We (or, if this agreement has been assigned, the Seller from which you purchased goods or services) will not be obliged to deliver the goods (or provide the services) the subject of the order, unless required to do so by law;

(c)            You will have no obligation to make any further payments to us, or continue any other ongoing relationship with us, with respect to that order; and

(d)            If you wish to proceed with the purchase from us, we may accept an alternative payment method in our discretion, or if required to do so by law.

 

8.              Refunds and Other Adjustments Subsequent to Purchase

8.1           If you decide to return goods that have been purchased using the Installment Feature, and request a refund, or a return and refund are otherwise accepted or permitted by law, you will directly arrange the return with the Seller and ensure that the goods are returned according to the Seller’s return policy or other instructions or your rights at law.

8.2           The return must be completed within the period specified and in the manner required by the Seller’s returns policy or as otherwise permitted by the Seller.

8.3           Until the Seller has confirmed the return of the goods and has issued a refund for those goods, you will remain liable for the full payment of the goods. During this time, we may continue to process any Installment Payments in accordance with the dates set out in your Payment Schedule.

8.4           Once the refund (or other price adjustment subsequent to purchase) has been approved, the Seller will issue a refund to your debit/credit card and/or instruct Afterpay to adjust your Payment Schedule appropriately (including to reduce or cancel any future payments, if necessary). Please note, in the event of partial refunds, refund amounts are taken off the last payment/s first.

 

9.              Your Eligibility

9.1           To be eligible to use the Installment Feature, you must:

(a)            be an individual who is at least 18 years old and of the legal age of majority in your state of residence (19 years old in Alabama or if you are a ward of the state in Nebraska);

(b)            be a resident of the United States and reside within one of the 50 states or the District of Columbia;

(c)            be capable of entering into a legally binding contract;

(d)            have a valid and verifiable email address and mobile telephone number;

(e)            provide a valid physical residential and delivery address in the United States;

(f)             be authorized to use the Payment Method provided; and

(g)            create an Account and agree to Afterpay’s Terms of Use and Privacy Policy.

9.2           By entering into this Agreement, you represent and warrant that you are eligible to use the Installment Feature.

9.3           In addition to these eligibility requirements, please note that use of the Installment Feature is subject to approval in our sole discretion in each instance. 

 

10.           Your Use of the Installment Feature

10.1         You promise to pay the full amount of the purchase price in four Installment Payments as set forth in Sections 5 and 8 to the holder of this Agreement.

10.2         You agree that all information that you provide us is true, complete and accurate and you agree not to misrepresent your identity.

10.3         If your information, including your Payment Method information, changes, you agree to notify our service provider Afterpay immediately.

10.4         Prohibited uses of the Installment Feature

You agree not to use the Installment Feature for any unlawful or fraudulent activity and to immediately contact our service provider Afterpay if you believe that your Payment Method may be subject to an unauthorized transaction, account takeover or other type of fraudulent activity or security breach. By using the Installment Feature, you agree that you will not do any of the following:

(a)            Engage in any activities related to the Installment Feature that are contrary to any applicable law or regulation or the terms of this Agreement;

(b)            Use the Installment Feature to accomplish a cash advance.

 

11.           Assessment and Checks

11.1         You agree to provide any information or documentation reasonably requested to verify your identity in connection with your order.

11.2         You authorize us and our service provider Afterpay to make, directly or through third parties, any inquiries necessary to verify your identity and assess your capability to make payments according to the Payment Schedule in relation to all orders placed using the Installment Feature.

11.3         As part of the approval process and assessment as to whether or not you have the means to fulfill your obligation to make future payments according to the Payment Schedule, we reserve the right, directly or through third parties, to conduct an assessment of your Payment Method.

 

12.           Complaints and Disputes

12.1         If you have a complaint with us arising out of or related to the Payment Purchase Agreement or the Installment Feature other than with respect to the delivery or quality of the goods purchased, you should file a dispute by following the Notice procedures set forth in Section 12.4 below.  If you have a complaint arising out of the delivery or quality of the goods you have purchased, you should contact the Seller using the details posted on Seller’s website.

12.2         If you wish to submit a complaint to Afterpay, you should do so by contacting Afterpay using the details posted on the Afterpay website.

12.3         We may request additional documentation from you to assist us in resolving any complaints or disputes, and you must provide all reasonable assistance to us to facilitate us in resolving any complaints or disputes.

12.4         Arbitration

THIS SECTION CONTAINS A BINDING ARBITRATION CLAUSE AND CLASS ACTION WAIVER. THEY AFFECT EACH PARTY’S RIGHTS CONCERNING THE RESOLUTION OF ANY DISPUTE (DEFINED BELOW) BETWEEN THE PARTIES. TO REITERATE: ONCE THIS AGREEMENT HAS BEEN ASSIGNED TO AFTERPAY, ALL REFERENCES TO “WE,” “US,” OR “THE PARTIES” IN THIS SECTION 12.4 WILL MEAN OR INCLUDE REFERENCE TO AFTERPAY. 

(a)            To expedite resolution and to minimize the cost of any dispute, controversy or claim between you and us related to any dispute or controversy arising from or relating to this Agreement, your use of any part of the Installment Feature or the enforcement of any provision of this Agreement (a “Dispute”), you and we agree to first attempt to negotiate any Dispute (except those Disputes expressly excluded below) informally for at least thirty (30) days before initiating any arbitration or court proceeding. Such informal negotiations will commence upon receipt of a written notice (each, a “Notice”). Your address for such Notices is the email address you have provided in your Account. Our address for such Notices is: Afterpay on Behalf of Seller, 222 Kearny Street, Suite 600, San Francisco, CA 94108-4509, Attention: Legal, or by email to [email protected] Any Notice from you must include your name, pertinent account information, a brief description of the Dispute, and your contact information, so that we may evaluate the Dispute and attempt to informally resolve the Dispute. Any Notice from us will include pertinent account information, a brief description of the Dispute, and our contact information, so that you may evaluate the Dispute and attempt to informally resolve the Dispute. If the informal negotiations are successful, no further action is necessary.

(b)            IF THE PARTIES ARE UNABLE TO RESOLVE A DISPUTE THROUGH INFORMAL NEGOTIATIONS, AFTER 30 DAYS FROM THE DATE OF THE FIRST NOTICE, THE PARTIES AGREE THAT ANY PARTY TO THE DISPUTE MAY ELECT TO HAVE THE DISPUTE (EXCEPT THOSE DISPUTES EXPRESSLY EXCLUDED BELOW) FINALLY AND EXCLUSIVELY RESOLVED BY BINDING ARBITRATION. ANY ELECTION TO ARBITRATE BY ONE PARTY WILL BE FINAL AND BINDING ON THE OTHER. YOU UNDERSTAND THAT IF EITHER PARTY ELECTS TO ARBITRATE, NEITHER PARTY WILL HAVE THE RIGHT TO SUE IN COURT OR HAVE A JURY TRIAL. The arbitration will be commenced and conducted under the Commercial Arbitration Rules (the “AAA Rules”) of the American Arbitration Association (“AAA”) and, where appropriate, the AAA’s Supplementary Procedures for Consumer Related Disputes (“AAA Consumer Rules”), both of which are available at the AAA website www.adr.org.  Your arbitration fees and your share of arbitrator compensation will be governed by the AAA Rules (and, where appropriate, limited by the AAA Consumer Rules). If such costs are determined by the arbitrator to be excessive, we will pay all arbitration fees and expenses. The arbitration may be conducted in person, through the submission of documents, by phone or online. The arbitrator will make a decision in writing, but need not provide a statement of reasons unless requested by a party. The arbitrator must follow applicable law, and any award may be challenged if the arbitrator fails to do so.  Except as otherwise provided in this Agreement, you and we may litigate in court to compel arbitration, stay proceeding pending arbitration or to confirm, modify, vacate or enter judgment on the award entered by the arbitrator.

(c)            The parties agree that the following Disputes are not subject to the above provisions concerning information negotiations and binding arbitration: (1) any suit to compel arbitration, stay proceeding pending arbitration or to confirm, modify, vacate or enter judgment on the award entered by the arbitrator; (2) any suit to seek temporary injunctive relief that will remain in place only until an arbitrator can determine whether the relief should be continued, modified or removed; or (3) any claim related to actual or threatened infringement, misappropriation or violation of a party’s copyrights, trademarks, trade secrets, patents or other intellectual property rights. In addition, either party may assert claims, if they qualify, in small claims court in the State of Delaware or any United States county where you live or work.

(d)            The parties agree that any arbitration will be limited to the Dispute between us and you individually. TO THE FULL EXTENT PERMITTED BY LAW, (1) NO ARBITRATION SHALL BE JOINED WITH ANY OTHER; (2) THERE IS NO RIGHT OR AUTHORITY FOR ANY DISPUTE TO BE ARBITRATED ON A CLASS-ACTION BASIS OR TO UTILIZE CLASS-ACTION PROCEDURES; AND (3) THERE IS NO RIGHT OR AUTHORITY FOR ANY DISPUTE TO BE BROUGHT IN A PURPORTED REPRESENTATIVE CAPACITY ON BEHALF OF THE GENERAL PUBLIC OR ANY OTHER PERSONS.

(e)            You may opt out of the foregoing arbitration and class action/jury trial waiver provision of this Agreement by NOTIFYING US IN WRITING WITHIN 30 DAYS OF THE DATE YOU LAST PLACED AN ORDER. To opt out, you must send a written notification to our service provider Afterpay at [email protected], Attention: Legal, that includes (i) your Account identification, (ii) your name, (iii) your address, (iv) your telephone number, (v) your email address and (vi) a clear statement indicating that you do not wish to resolve claims through arbitration and demonstrating compliance with the 30-day time limit to opt out of the above arbitration and class action/jury trial waiver sections.

 

13.           Applicable Law and Jurisdiction

Except as expressly provided otherwise, this Agreement is governed by, and will be construed under, the laws of the State of Delaware, without regard to choice of law principles.  The application of the United Nations Convention on Contracts for the International Sale of Goods is expressly excluded.  Judicial proceedings (other than small claims actions) that are excluded from the agreement to arbitrate in Section 12.4 must be brought on an individual basis and not in a class or representative action.  You and we both agree to waive their right to a jury trial.

 

14.           Limitation of Liability

14.1         To the extent not prohibited by law, under no circumstances shall we, our subsidiaries, partners, or affiliates, or Afterpay or its subsidiaries, partners, or affiliates, be liable to you for:  (a) personal injury or any indirect, incidental, consequential, special or exemplary damages, arising from or relating to this Agreement, the use of or inability to use an Account, the Installment Feature, or our or your liabilities to third parties arising from any source; 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 use of an Account or the Installment Feature, including, but not limited to, damages arising from your failure to provide us or Afterpay with accurate information or a third party’s failure to correctly verify such information. 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 this Agreement, the aggregate liability of us, our subsidiaries, partners, and affiliates, and Afterpay, Afterpay’s subsidiaries, partners, and affiliates to you for all claims arising out of or related to this Agreement or your use or inability to use the Installment Feature will not (other than as may be required by applicable law in cases involving personal injury) exceed the greater of: (a) the amount you any affected order(s) giving rise to such damages, or (b) the amount of five hundred U.S. dollars ($500.00).  These limitations will apply even if the above stated remedy fails of its essential purpose.

 

15.           Indemnification

You agree to release, indemnify and hold harmless us, our affiliates, and our and their respective officers, directors, employees and agents and Afterpay and its respective officers, directors, employees and agents from and against any liability arising out of or  related to your use of the Installment Feature or violation of the terms of this Agreement.

 

16.           CONSENT TO ELECTRONIC COMMUNICATION

16.1         By clicking to accept this Agreement, you are deemed to have executed this Agreement electronically. You consent to electronically receive and access via email or your Account all records and notices related to the Installment Feature that we would otherwise be required to provide to you in paper form. Your consent to receive records and notices electronically will remain in effect until you withdraw it. You may withdraw your consent to receive further records and notices electronically at any time by sending an email to [email protected] with “Revoke Electronic Consent” in the subject line. Any withdrawal of your consent to receive records and notices electronically will be effective only after a reasonable period of time to process your request for withdrawal. If you withdraw your consent to receive communications electronically, we may restrict, suspend or terminate your access to the Installment Feature or charge you additional fees for paper copies.  If you withdraw your consent to receive communications electronically, this Agreement will continue to apply to any orders accepted prior to such closure until all amounts owing are received in full (including any Late Fees).

16.2         To ensure that we are able to provide communications to you electronically, you agree to notify our service provider Afterpay immediately of any change in your email address by updating your Account or via email.

16.3         To view and retain a copy of this Agreement and other communications under this Agreement, you will need a device (such as a computer or mobile phone) with a web browser and internet access and either a printer or local or cloud-based storage space. By accepting and agreeing to this Agreement electronically, you represent that (a) you have read and understand the above consent to receive records and notices electronically; (b) you satisfy the minimum hardware and software requirements specified in this Section 16.3; and (c) your consent will remain in effect until you withdraw your consent as specified above in Section 16.1.

16.4         For a paper copy of this Agreement or other communications provided under this Agreement, you may send an email to [email protected] with contact information and the address for delivery.

 

17.           Short Message Service (“SMS”) Communications & Email Marketing

17.1         As part of the Installment Feature, we may send you SMS messages. You agree to receive SMS messages to each telephone number provided by you to us or Afterpay regarding the Installment Feature. You understand that such SMS may be placed using an automatic telephone dialing system or may include automated SMS messages. Your consent is required to allow us to contact you. You agree that you are responsible for any message, data rates or fees that your telephone service provider charges in relation to SMS messages sent and received by you. If you have any questions regarding those rates, please contact your wireless carrier.

17.2         If you wish to withdraw your consent to have communications provided via SMS, you may opt-out of receiving SMS by emailing [email protected] Any request will be effective only after a reasonable period of time to process the request. If you withdraw consent, you may be prevented from using the Installment Feature in the future.

17.3.    You agree that we may send you marketing communications to the email address you have provided including but not limited to targeted offers, introduction of new features, or other special announcements. 

 

18.           Miscellaneous

18.1         This Agreement is effective until all amounts due under the Agreement are paid in full or otherwise cancelled or refunded.

18.2         If any provision of this Agreement (or any portion thereof) is determined to be invalid or unenforceable, the remaining provisions of this Agreement shall not be affected thereby and shall be binding upon the parties and shall be enforceable, as though said invalid or unenforceable provision (or portion thereof) were not contained in this Agreement.

18.3         This Agreement, including all documents or other material incorporated by reference, constitutes and contain the entire agreement between you and us with respect to the subject matter hereof and supersede any prior or contemporaneous oral or written agreements. You and we acknowledge and agree that the other has not made any representations, warranties or agreements of any kind, except as expressly set forth herein

 

19.           Consumer Complaints

In accordance with California Civil Code §1789.3, if you are a California resident, you may report complaints to the Complaint Assistance Unit of the Division of Consumer Product of the California Department of Consumer Affairs by contacting them in writing at 400 R Street, Sacramento, CA 95814, or by telephone at (800) 952-5210.

 

July 2019