1.1. The Parties to this Agreement.
These Terms of Service describe a contractual relationship (“Agreement”) between you (“you” or “your”) and QuadPay Inc., (“QuadPay,” “we,” “us,” “our”), regarding your use of this web site (“Website”), your use of the “Buy with QuadPay” service as described below in Section 2.1 below, and your access to your QuadPay account information and service through the Website (together, the “QuadPay Services” or “Services”).
1.2. Changes to this Agreement.
QuadPay may unilaterally decide to change this Agreement from time to time, provided, however, that such changes will not impose additional obligations on you with respect to actions you took before the change became effective unless you specifically agree to such changes (for example by clicking on the “Confirm Charge” button below the updated agreement). If this Agreement is changed, QuadPay will give notice to users by posting a new version of this Agreement on our website 7 days before that version becomes effective. If QuadPay makes any changes to this Agreement that it deems to be material, QuadPay will make a reasonable effort to inform you of such changes, but it is your responsibility to review the Agreement posted to our website from time to time to see if it has been changed.
1.3. Your Eligibility.
To be eligible to use the Services, you must be at least 18 years old (19 years old in Alabama or if you’re a ward of the state in Nebraska) and a resident of the United States or its territories. You represent and warrant that you are eligible to use the Services.
2.1. The “Buy with QuadPay” Service.
“Buy with QuadPay” allows you to buy goods or services offered by merchants (“Merchants”). Our Services allow Customers to pay for goods or services offered by the Merchant online. We will pay the Merchant on behalf of that Customer, in exchange for the Customer agreeing to repay the amounts to us in accordance with this User Agreement. We will assume all risk in collecting payments from Customers that make QuadPay Purchases, except where chargeback liability transfers to the Merchant in accordance with the Merchant Agreement.
2.1.1. Your Promise to Pay: Before completing any transaction on your behalf through any QuadPay Services, QuadPay will secure your promise to pay by disclosing the terms and conditions applicable to that transaction and securing your affirmative consent to those terms for that transaction, including your promise to pay the Total Payments amount to us or our assigns, by asking you to click the “Confirm Payment” button.
2.1.2. Interest Rates: “Buy with QuadPay” is not an interest based lending product. You will never be charged interest on any product you purchase using the QuadPay Services.
2.1.3. Payment frequency: “Buy with QuadPay” provides Merchants’ end-customers with the opportunity to spread their payments over four equal installments of 25% of the total purchase price (including tax and shipping). Installments are automaticalluy deducted from your nominated debit or credit card every two weeks.
2.1.4. First Payment: Your first payment of 25% of the purchase price (including shipping and taxes) is due at the time of purchase. QuadPay pays the merchant the remaining amount on your behalf pursuant to the “Buy with QuadPay” service.
2.1.5. Late Payment Fee: You will be charged a $5 late fee ten business days after your first missed payment with “Buy with QuadPay.”
2.1.6. Changes to “Buy with QuadPay” terms: QuadPay may unilaterally decide to change these Buy with QuadPay Terms from time to time, provided, however, that such changes will not impose additional obligations on you with respect to actions you took before the change became effective unless you specifically agree to such changes (for example by clicking on the “Confirm Change” button next to the updated agreement). If these “Buy with QuadPay” Terms are changed, QuadPay will give notice to users by posting a new version of this Agreement on our website 7 days before that version becomes effective.
2.2. Cancelling Transactions.
QuadPay may choose not to provide service to you or to specific merchant sites at any time for any reason, including but not limited to, your creditworthiness, your history of transactions on our site, the merchant’s account history or any other reason. QuadPay may cancel transactions at any time before a Merchant delivers any goods or services if you violate any term of this Agreement.
2.3. Collecting Information About You.
2.4. Credit Investigation and Reporting.
By using the QuadPay Service, you give QuadPay permission to investigate your credit record and obtain your credit report in connection with the review of your application for credit. A credit report may also be requested in connection with a credit extension, credit limit request, account renewal, account collection action or dispute investigation. You understand that QuadPay may report information about your loan (such as on-time, late, and missed payments; any defaults; and the fact you paid off your loan) to credit reporting agencies.
You agree to allow QuadPay to send you payment reminders from time-to-time. Notwithstanding whether you have consented or withdrawn your consent to the QuadPay E-Sign Consent, you agree that payment reminders may take the form of any available communication. You also agree that if you fail to pay an amount owed to QuadPay pursuant to this Agreement, QuadPay may engage in collection efforts to recover such amounts from you. These collection efforts may involve contacting you directly, submitting your information to a collections agency, or taking legal action. FAILURE TO PAY MAY AFFECT YOUR CREDIT SCORE.
2.6. Communication & Notification.
You agree that QuadPay may provide you communications about your account and the QuadPay Service electronically or through phone calls or in writing. Standard mobile, message, or data rates may apply and you are responsible for any such fees. QuadPay reserves the right to close or limit access to your account and immediately collect all due amounts if you withdraw your consent to receive electronic or other communications. Any electronic communications will be considered to be received by you within 24 hours of the time we email it to you or otherwise send it to your attention (such as via sms or other online notification). We may assume you have received any communications sent to you by postal mail 3 business days after we send it.
If we need to contact you to service your account or to collect amounts you owe to us, you give direct consent to us, as well as servicers, agents, contractors and collectors of your account, to communicate with you in any way, such as calling, texting, or e-mail via:
You also agree that these communications are not unsolicited for purposes of any state or federal law, and you understand that this may result in additional mobile, text message, or data charges.
You understand and agree that QuadPay may, without further notice or warning and in our discretion, monitor or record telephone conversations you or anyone acting on your behalf has with QuadPay or its agents for quality control and training purposes or for its own protection. You acknowledge and understand that, while your communications with QuadPay may be overheard, monitored, or recorded without further notice or warning, not all telephone lines or calls may be recorded by QuadPay, and QuadPay does not guarantee that recordings of any particular telephone calls will be retained or retrievable.
Notwithstanding this provision, QuadPay’s delivery of any Disclosures governed by the QuadPay E-Sign Consent shall be governed by your consent or withdrawal of consent to receiving such Disclosures in electronic form.
2.7. Working with Third Parties.
If you grant express permission to a third party to take specific actions on your behalf, or access particular information about your account, either through your use of the third party’s product or service or through your QuadPay account, you acknowledge that QuadPay may disclose the information about your account that is authorized by you to this third party. You also acknowledge that granting permission to a third party to take specific actions on your behalf does not relieve you of any of your responsibilities under this Agreement. Further, you acknowledge and agree that you will not hold QuadPay responsible for, and will indemnify QuadPay from, any liability arising from the actions or inactions of this third party in connection with the permissions you grant.
3.1. Agreement to Provide Accurate Information.
When you provide information to QuadPay, you agree to provide only true, accurate, current and complete information about yourself and you agree not to misrepresent your identity or your account information. You further agree to keep your account information up to date and accurate.
3.2. Delays in Processing.
In some cases when you attempt to use the QuadPay Services to make a purchase, the transaction may be held as pending or be otherwise delayed for processing and confirmation by either QuadPay or the merchant and can be cancelled at any time until it is confirmed by QuadPay.
3.3. User Responsible for Fees.
If you use the QuadPay Services, you are responsible for any fees or other amounts that your phone service provider charges, such as fees for SMS, data services, and any other fees that your phone service provider may charge.
3.4. Repayment Methods.
You may use one of the acceptable methods of payment to make one-time transactions to pay your account as payments become due or you may set up automatic monthly account payments.
Currently acceptable methods of payment are:
3.5. Access to Your Account.
You are responsible for maintaining the secrecy of the login credentials to your QuadPay account. You agree to establish reasonable security procedures and controls to limit access to your password or other identifying information to authorized individuals, which includes choosing passwords and other credentials in a manner that will protect the security of your information. Your credentials include your username and password to your QuadPay account and to any 3rd Party account you have used to login to your QuadPay account. You are also responsible for maintaining the accuracy of the information in your QuadPay account.
3.6. Website Content.
The information on the QuadPay’s website is for information purposes only. It is believed to be reliable, but QuadPay does not make any promises as to its completeness, timeliness or accuracy. The information and materials contained in the Website, and in this Agreement, are subject to change without notice.
Access to the Services may from time to time be unavailable, delayed, limited or slowed due to, among other things:
3.7. Links to Other Websites.
Links to non-QuadPay websites are provided solely as pointers to information on topics that may be useful to users of the Services, and QuadPay has no control over the content on such non-QuadPay websites. QuadPay makes no warranties concerning the content of such websites, including the accuracy, completeness, reliability of said websites, nor does QuadPay warrant that such website or content is free from any claims of copyright, trademark or other infringement of the rights of third parties or that such site or content is devoid of viruses or other contamination. If you choose to follow a link to a website not controlled by QuadPay, you must do so at your own risk. QuadPay does not guarantee the authenticity of documents on the Internet. Links to non-QuadPay websites do not imply any endorsement of or responsibility for the opinions, ideas, products, information or services offered at such sites, or any representation regarding the content at such websites.
3.8. Closing Your Account.
3.9. Dormant Accounts.
3.10. Feedback You Provide.
If you submit comments, ideas, or feedback to us, you agree that we can use them without any restriction or compensation to you. If we accept your submission, we do not waive any rights to use similar or related ideas or feedback previously known to us, developed by our employees, or obtained from sources other than you.
By using QuadPay’s Website or Services, you agree that:
You will not engage in any activities related to the Services that are contrary to any applicable law or regulation or the terms of any agreements you may have with QuadPay;
You will not provide false, inaccurate or misleading information;
You will not provide information belonging to any person other than yourself;
You will not use an account that belongs to another person for yourself or on behalf of another person;
You will not use any device, software, routine, file or other tool or technology, including but not limited to any viruses, trojan horses, worms, time bombs or cancelbots, intended to damage or interfere with the Services or to surreptitiously intercept or expropriate any system, data or personal information from the Services;
You will not breach this Agreement or any other agreement or policy that you have agreed to with QuadPay;
You will not use the Services to accomplish a cash advance;
You will not commit unauthorized use of QuadPay’s Website and systems including but not limited to unauthorized entry into QuadPay’s systems, misuse of passwords, or misuse of any information posted to a site; and
You will not take any action that imposes an unreasonable or disproportionately large load on our infrastructure, including but not limited to denial of service attacks, “spam” or any other such unsolicited overload technique.
5.1. Disputes with QuadPay.
If a dispute arises between you and QuadPay, our goal is to provide you with a neutral and cost-effective means of resolving the dispute quickly. In the event of a dispute we encourage you first to contact QuadPay at [email protected] to try resolving your problem directly with us.
5.2. Mandatory Arbitration.
Either you or we can initiate arbitration through the alternative dispute resolution provider the American Arbitration Association (the “AAA”) pursuant to the then-current Supplementary Procedures for Consumer-Related Disputes (the “Consumer Rules”), both of which are available at the AAA website www.adr.org. Your arbitration fees and your share of arbitrator compensation shall 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, QuadPay will pay all arbitration fees and expenses.
The arbitration shall be conducted by telephone or electronic means and/or shall be solely based on written submissions, the specific manner of which shall be chosen by the party initiating the arbitration. The arbitration shall not involve any personal appearance by the parties or witnesses unless the arbitrator determines that an in-person hearing is necessary based on the request of one of the parties and any judgment on the award rendered by the arbitrator shall be final and may be entered in any court of competent jurisdiction. You and QuadPay each agree that any dispute resolution proceedings will be conducted only on an individual basis and not in a class, consolidated or representative action. If for any reason a claim proceeds in court rather than in arbitration, we each waive any right to a jury trial and agree to proceed only on an individual basis and not in a class, consolidated, or representative action. The parties hereby appoint the arbitrator the exclusive power to rule on any challenges to the requirement for the use of alternative dispute resolution process in these terms.
We also both agree that you or we may bring suit in court to obtain interim or preliminary injunctive relief necessary to protect the rights or property of you or QuadPay and all of its partners, affiliates, shareholders, employees, and agents of any kind (together, our “Affiliates”).
Except as explicitly provided in elsewhere in this Agreement, all claims you bring against QuadPay must be resolved in accordance with this Section. Any claim filed or brought contrary to this Section shall be considered improperly filed. Should you file a claim contrary to this Section, QuadPay may recover from you attorneys’ fees and costs up to $1,500 per claim, provided that QuadPay first has notified you in writing of the improperly filed claim and you have failed to promptly withdraw the claim
You and QuadPay agree that any arbitration shall be limited to the dispute between QuadPay and you individually. To the fullest 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.
5.4. Exceptions to Informal Negotiations and Arbitration.
You and QuadPay agree that the following disputes are not subject to the above provisions concerning informal negotiations and binding arbitration: (1) any disputes seeking to enforce or protect, or concerning the validity of, any of your or QuadPay’s intellectual property rights; and (2) any claim for injunctive relief.
6.2. Enforceability and Governing Law.
6.3. Intellectual Property.
All content, design, graphics, compilation, magnetic translation, digital conversion and other matters to the Services are protected under applicable copyrights, trademarks and other proprietary rights (including but not limited to intellectual property rights) and owned by QuadPay or one of its affiliates. The copying, redistribution, use or publication by you of any part of the Services, unless expressly permitted in this Agreement, is strictly prohibited. Use of the Services does not give you ownership of any intellectual property rights in any of the content, documents or other materials you access. The posting of information or materials on the Services does not constitute a waiver of any right in such information and materials.
“QuadPay” is the marketing name for certain activities of QuadPay as operator of the Services. “QuadPay” is a trademark of QuadPay. Other featured words or symbols may be the trademarks of their respective owners.
QUADPAY AND ITS AFFILIATES MAKE NO COMMITMENTS OR WARRANTIES ABOUT THE CONTENT, RELIABILITY, OR AVAILABILITY OF THE SERVICES OR FOR ANY BREACH OF SECURITY ASSOCIATED WITH THE TRANSMISSION OF SENSITIVE INFORMATION THROUGH THE SERVICES. QUADPAY AND ITS AFFILIATES DISCLAIM, WITHOUT LIMITATION, ANY WARRANTY OF ANY KIND WITH RESPECT TO THE SERVICES, INCLUDING ANY WARRANTY REGARDING NONINFRINGEMENT, MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSE. QUADPAY AND ITS AFFILIATES SHALL NOT BE RESPONSIBLE FOR ANY SERVICE INTERRUPTIONS, INCLUDING, BUT NOT LIMITED TO, SYSTEM FAILURES OR OTHER INTERRUPTIONS THAT MAY AFFECT THE RECEIPT, PROCESSING, ACCEPTANCE, COMPLETION OR SETTLEMENT OF PAYMENT TRANSACTIONS OR THE SERVICES.
6.7. LIMITATION OF LIABILITY.
QUADPAY AND ITS AFFILIATES HAVE NO LIABILITY WHATSOEVER FOR YOUR USE OF ANY PRODUCT AVAILABLE FROM OR THOUGH THE WEBSITE OR THE USE OF THE SERVICES. IN PARTICULAR, BUT NOT AS A LIMITATION THEREOF, QUADPAY AND ITS AFFILIATES ARE NOT LIABLE FOR ANY COMPENSATORY, DIRECT, INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES (INCLUDING DAMAGES FOR LOSS OF BUSINESS, LOSS OF PROFITS, LITIGATION, OR THE LIKE), WHETHER BASED ON BREACH OF CONTRACT, BREACH OF WARRANTY, TORT, PRODUCT LIABILITY OR OTHERWISE; NOR ARE THE LIABLE FOR ANY THIRD PARTY CLAIMS OF ANY NATURE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR CLAIMS. NONE OF THE SERVICES WOULD BE PROVIDED WITHOUT SUCH LIMITATIONS. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, YOU OBTAIN FROM US FROM OR THROUGH THE WEBSITE OR SERVICES SHALL CREATE ANY WARRANTY, REPRESENTATION OR GUARANTEE NOT EXPRESSLY STATED IN THIS AGREEMENT. NEITHER QUADPAY NOR ITS AFFILIATES SHALL HAVE ANY LIABILITY FOR ANY FAILURE OR DELAY RESULTING FROM ANY CONDITION BEYOND THE REASONABLE CONTROL OF SUCH PARTY.
6.8. Statute of Limitations.
6.9. No Third-Party Beneficiaries.
This Agreement is between you and QuadPay. No user has any rights to force QuadPay to enforce any rights it may have against any you or any other user.
6.10. Government Use.
If You are a part of an agency, department, or other entity of the United States Government (“Government”), the use, duplication, reproduction, release, modification, disclosure or transfer of the any of our products or Services is restricted in accordance with the Federal Acquisition Regulations as applied to civilian agencies and the Defense Federal Acquisition Regulation Supplement as applied to military agencies. The Service and any related software is a “commercial item,” “commercial computer software” and “commercial computer software documentation”. In accordance with such provisions, any use of the Service by the Government shall be governed solely by these Terms.
6.11. Covered Borrowers under the Military Lending Act.
Notwithstanding any other provision of this Agreement, Sections 5.2, 5.3, 6.7, and 6.8, and the waiver of defenses provision of Section 6.1 shall not apply to a “covered borrower” under the Military Lending Act, as defined in 32 C.F.R. § 232.3(g). Furthermore, nothing in this Agreement shall be construed as applying to a covered borrower to the extent inconsistent with the Military Lending Act.
This E-Sign Consent constitutes your consent to receive disclosures and other information in electronic form. In connection with the QuadPay Services, QuadPay are required by law to provide you with certain disclosures. Without your consent, QuadPay is not permitted to provide those disclosures to you online. If you do not consent to this E-Sign Consent, you should choose another payment option.
Before completing any transaction using the “Buy with QuadPay” Services, you will be asked to consent to the QuadPay Terms of Service by clicking “Create Account”. This action constitutes your electronic signature and manifests your consent and agreement to the following terms:
You understand that, in order to view and/or retain copies of the Disclosures, you may need a computer with an Internet connection (PCs should be running Windows 7 or higher and Internet Explorer 10 or higher, Chrome, or Firefox; Macs should be running OSX and Safari, Chrome, or Firefox); a mobile device (iOS 6.0 or higher devices running Safari or Chrome; Android 4.0 or higher devices running Android Browser or Chrome), a valid email address, a working mobile telephone number that can receive text messages, sufficient storage space to save Disclosures or the capability to print the Disclosures from the device on which you view them.
You are free to withdraw Your Consent at any time. If at any time you wish to withdraw Your Consent, you can send us your request by submitting a request through the ‘contact us’ link at www.QuadPay.com, emailing [email protected] or writing to us at QuadPay, Inc., Level 5, 120 E 23rd Street, New York NY 10010. If you decide to withdraw Your Consent, the legal effectiveness, validity and/or enforceability of prior electronic Disclosures will not be affected and QuadPay may close or limit access to your account. You agree to pay any amount owed to QuadPay even if you withdraw Your consent and we close or limit access to your account. You agree to pay any amount owed to QuadPay even if you withdraw Your consent and we close or limit access to your account.
Your consent to this E-Sign Consent means that Disclosures QuadPay provide to you electronically shall have the same meaning and effect as if provided in paper form. A text message or email alerting you that Disclosures are available electronically, provided that the Disclosures are made available online shall have the same meaning and effect as if QuadPay had provided those Disclosures to you in paper form, regardless of whether you actually view those Disclosures, unless you have withdrawn your consent pursuant to Section 3, above, prior to receiving such Disclosures.
You agree that QuadPay may modify or change the methods of disclosure described herein, and that QuadPay Bank may send you Disclosures in paper form at its option. You can obtain a paper copy of an electronic Disclosure at no charge, provided that such request is made within a reasonable time after we first provided the electronic Disclosure to you. To request a paper copy of a Disclosure, contact Customer Care at (833) 782-3729.
You also agree that QuadPay is not responsible for any delay or failure in your receipt of any text message or email notice that is not caused by QuadPay’s failure to send such a notice to the phone number or email address you have provided for that purpose.