This Buy Now Pay Later agreement Agreement (“Agreement”) is between you and Vikione LLC (“Corporation”), a company incorporated in the state of California. Use of the words “we,” “us,” and “our” refer to the Company or its assignees. Use of the words “you” and “your” refer to you as an approved individual of this agreement. Please read this Agreement and keep a copy.
You acknowledge that you have read, agree with, and accept all terms and conditions contained in this Agreement. In consideration of the promises and the respective representations, warranties, covenants, agreements, and conditions contained below and on the following pages, you and Vikione LLC enter into this Agreement and agree with, and accept, the terms and conditions set forth herein.
PAYMENT SCHEDULE - please refer to the “Payment plan” in the emails you received from Vikione LLC for due dates and amounts (“Payment Schedule”).
Finance Charge (the dollar amount the credit will cost you): $0
Annual Percentage Rate (the cost of your credit as a yearly rate): 0%
Applicable Fees: We may assess a late fee of $40 for any payment not received by us within 7 days of its scheduled due date (subject to any additional grace period required by applicable law).
Please note that Section 20 of this Agreement includes provisions that govern how claims you or we may have against each other are resolved. These provisions may require arbitration for a dispute that you assert against us. The Agreement also includes important terms regarding your rights related to fees and governing law.
1. Promise to Pay and Disbursement Authorization
You agree to pay the amount due today on your Payment Schedule, as well as three (3) future payments (each, an “Installment Payment”) in the amounts shown in the Payment Schedule. We agree to disburse proceeds to the Vikione LLC identified on the checkout screen for this Buy Now, Pay Later transaction). Those proceeds will allow you to complete a purchase. You also must pay any late fees you incur under this Agreement.
You understand that this Agreement may be assigned without your permission or prior notice to you, as more fully described in Section 20 below. Upon an assignment, you must pay the company and perform all of your obligations to it.
You may prepay any amount due without a penalty. Any prepayment will be applied towards upcoming payments in the order they become due.
2. Authorization to Obtain Credit Report and Credit Reporting
a. You authorize us to obtain your credit reports from one or more credit reporting agencies for any purpose permitted by applicable law, including (i) to authenticate your identity; (ii) to make installment credit decisions; (iii) to service your installment payments; (iv) to send you future marketing information; and/or (v) for internal analytics and credit modeling purposes. You understand that initially submitting personal information will not affect your credit score, however, submitting a agreement application or accepting a agreement may result in an inquiry on your credit report that may affect your credit score.
b. We may report information about your account to credit bureaus. Late payments, missed payments, or other defaults on your account may be reflected in your credit report.
c. If you believe that inaccurate information has been reported about your Installment Payments to a credit bureau or other consumer reporting agency, please send a notification to [email protected] and when you write, please identify the specific information that you believe is incorrect and why you believe it is incorrect.
3. Installment Payments
a. If you miss a payment, your next payment must include the originally scheduled payment, the missed payment, any previously missed payment, and any late charges due as a result of a missed payment.
b. You will take all necessary steps to ensure notifications are not being filtered out of the mode by which you have selected to receive notifications in your One Network. Your payment will still be due on your regularly scheduled due date even if you do not receive a notification from us.
4. Making Your Installment Payments
Your payment must be made in U.S. dollars from a valid U.S. source in a form acceptable to us. Conforming payments can be made in the following ways:
a. Automatic Payment. Additional disclosures will be provided at the time of enrollment. By enrolling in automatic payments, you authorize your linked instrument(s) to be debited on each due date in the Payment Schedule in the sum of: (i) the originally scheduled payment, (ii) any missed payment, (iii) any previously missed payments, and (iv) any late charge due as a result of a missed payment.
b. Manual Electronic Payments. You may also choose to manually make electronic payments through One Network. By choosing this method, you will be required to authorize your debit card to be debited for a stated amount each time you make a payment.
5. Payment Processing
a. You agree that we may accept and process payments without losing any rights.
b. You agree that neither we nor any of our service providers are responsible if your financial institution rejects a payment you make. You will be responsible for any fees charged by your financial institution.
c. You agree and authorize us to resubmit and/or collect returned payments electronically if you have opted to pay electronically.
d. You agree and authorize us to make electronic reversals or credits to any debit card you have provided in the event of an erroneous debit or as otherwise appropriate.
e. You agree and authorize us to adjust your Payment Schedule to correct errors, to process returned and reversed payments, and to handle other issues pertaining to your account.
f. Your funds may be withdrawn from your deposit account as early as the same day your payment is received.
6. How Your Payments Are Applied
Except as prohibited by law, payments will be applied to your obligation as we determine in our sole discretion.
7. Late Payments
If an Installment Payment is not paid by the due date in the Payment Schedule and remains unpaid for a period of seven (7) days after the due date (or such additional grace period required by applicable law), a late fee of $40.00 will be imposed. The terms of this paragraph are subject to applicable state law.
a. Unless expressly prohibited by law, you will be in default on your agreement if:
You do not make your payment in full when it is due;
Any payment you make is rejected or not paid by your Vikione LLC or cannot be processed by your Vikione LLC;
You file or become the subject of a Vikione LLCruptcy or insolvency proceeding;
You are unable to repay your obligations, including upon death or legally declared incapacity;
You provided inaccurate, untrue, or incomplete information, or you otherwise tried to defraud or provide material misrepresentations to us or our service providers;
Your One Network account is restricted, suspended, or terminated;
You do not comply with any term of this Agreement.
b. If you are in default, we may take certain actions with respect to your credit without notifying you unless notification is required by law. For example, depending on the default the following actions may be taken:
If you are enrolled in automatic payments, your One Network Stored Balance or debit card may be debited the amount of any payment not paid by the due date;
Your ability to use any or all features on One Network may be suspended until you satisfy your outstanding agreement obligation;
You may be unable to obtain credit from us in the future; and/or
Any other action to the extent not prohibited by law.
c. If you do not pay your agreement in full on the final due date in your Payment Schedule (“Final Due Date”), you authorize us to initiate payments to us from your One Network Stored Balance any time that there are available funds in your One Network Stored Balance, including when you add funds to your One Network Stored Balance. Except as set forth below, a payment that we initiate under this authorization may be in the amount of the available funds in your One Network Stored Balance or in the amount required to pay off your agreement, including any late charges (“Payoff Amount”), whichever is less. This authorization will be continuing and will remain in effect until your Payoff Amount is paid in full. For the avoidance of doubt, we may initiate multiple separate payment transactions under this authorization. Also, if your One Network Stored Balance has insufficient available funds on the Final Due Date to pay the entire Payoff Amount then we may, after initiating a payment from your One Network Stored Balance, initiate a second transaction for the remainder of the Outstanding Balance from the debit card linked to your One Network account as a funding source.
For purposes of the foregoing, you authorize Vikione, Inc. (which shall be a third-party beneficiary of this provision), in its capacity as the holder of your One Network Stored Balance, to monitor activity on your One Network Stored Balance and to notify us, or to initiate a payment in the amount of the Payoff Amount, or in the amount of available funds in your One Network Stored Balance, whichever is less, on our behalf pursuant to standing instructions from us, any time funds are available in your One Network Stored Balance. This subsection is not intended to create or to give us a security interest in your One Network Stored Balance or any funds added to your One Network Stored Balance. We expressly disclaim any priority over other creditors or a Vikione LLCruptcy trustee in a Vikione LLCruptcy proceeding or similar proceeding as a result of the payment authorization in this subsection.
9. Disputes with Vikione LLC; Refunds
If you are not satisfied with the goods or services you receive from a Vikione LLC, you will make good faith efforts to resolve any issues directly with the Vikione LLC.
Refunds of goods or services purchased with this agreement are subject to Vikione LLC’s refund policy and are not our responsibility. If a Vikione LLC issues a refund to us of the entire amount we disburse under this Agreement, then this Agreement will terminate and you will not be responsible to make any payments. If a Vikione LLC issues a refund to us of less than the entire amount we disburse under this Agreement, the refunded amount will be applied against your agreement balance as appropriate and subject to applicable law.
10. agreement Documents
The following documents (“agreement Documents”) govern your agreement:
The E-SIGN Act Consent provided to you when you applied for the agreement;
Any Credit Report Authorizations you agreed to when you applied for the agreement;
Any Automated Payment Authorization you agreed to when you applied for the agreement;
Any Privacy Policies you agreed to; and
Any Updated Terms and Updated Payment Schedule.
Please read these carefully and keep them for future reference.
11. Entire Agreement
The agreement Documents constitute the entire agreement between you and us with respect to this agreement. You acknowledge and agree that no oral representations shall vary, modify or amend the terms and conditions of the agreement Documents. Any failure by us to exercise, or delay by us in exercising, any right or remedy shall not operate as a waiver thereof.
12. Service Providers
We may retain service providers to perform on our behalf any actions authorized or contemplated by this Agreement. Any authorization or permission that you grant to us in this Agreement (or otherwise in connection with your agreement) shall extend to and cover any service provider acting on our behalf or at our direction. Without limiting the generality of the foregoing, you expressly authorize Vikione, Inc. and/or its affiliates, when acting as our service provider, to take any actions authorized or contemplated by this Agreement regardless of whether such actions are authorized or contemplated by the One Network Terms of Service.
Other provisions in this Agreement that expressly extend rights or protections under this Agreement to our service providers (either generally or to specific service providers) are included for the avoidance of doubt, and should not be interpreted to limit the operation or effect of the general provisions in this Section.
13. Personal Financial Information
You promise to provide personal financial information about you that may be requested from time to time for underwriting, security, and/or other purposes related to the management of your account. This includes, but is not limited to:
Your legal name
A valid mailing address and residential address (if different);
Your date of birth;
Your approved KYC information from One Network;
Your telephone number(s).
You promise to promptly update your personal information in your One Network profile, including but not limited to your name, street address, email address, or telephone number. In doing so, you agree that you will not provide false information or signatures, electronic or otherwise, at any time. You may be asked for additional documents to verify any changes. You understand that if you move to a state where this product is not offered, you will be unable to borrow subsequent agreements.
14. Age and Residency
By entering into this Agreement, you agree that you are at least 18 years of age or older and of sufficient legal age to enter into a contract in the country where you reside when you execute this Agreement.
15. Communications and Contact Information
a. You consent to accept and receive communications from us including e-mail, text messages, calls, and push notifications to the cellular telephone number you provide when you inquire about a agreement or update your contact information. Such communications may include, but are not limited to communications regarding applications for credit, credit decisions, disclosures, servicing, collections, requests for secondary authentication, receipts, reminders, and notifications regarding updates to your account or account support. Call and text message communications may be generated by automatic telephone dialing systems. Standard message and data rates applied by your cell phone carrier may apply to the text messages sent to you.
b. You may opt-out of receiving promotional email communications by following the unsubscribe options on such emails. You may opt out of any promotional phone calls by informing the caller that you would not like to receive future promotional calls. You may also opt-out of text messages from us at any time by texting END to the number you received a text from. You acknowledge that opting out of receiving communications may impact your use of our and/or Block Inc.’s services.
16. Submission of Ideas
You may submit comments or ideas about the agreements and/or services you receive (“Ideas”). By submitting any Idea, you agree that your disclosure is gratuitous, unsolicited, and without restriction, that it will not place us under any fiduciary, confidentiality, or other obligation, and that we are free to use the Idea without any additional compensation to you, and/or to disclose the Idea on a non-confidential basis or otherwise to anyone.
You hereby grant us a perpetual, irrevocable, worldwide, fully paid up, non-exclusive, sub-licensable, right and license to use the User Content and all elements thereof, in any and all media formats and forms, known now or hereafter devised for any purpose that we choose.
Except as otherwise provided herein and to the extent not prohibited by law, if any provision of this Agreement is held to be invalid or unenforceable, such determination shall not affect the validity or enforceability of the remaining provisions of this Agreement. For the avoidance of doubt, this provision shall not apply to Section 20.
18. Assignment and Delegation
a. This Agreement will be binding on, and benefit, any of your and Vikione LLC’s successors and assigns, which such assigns shall include, for the avoidance of doubt, any subsequent holders of your agreement. Except as provided by applicable law, Vikione LLC may sell, assign or transfer your agreement and this Agreement in whole or in part without your permission and without prior notice to you. Any assignee or assignees, including, for the avoidance of doubt, any subsequent holders of this agreement, will take Vikione LLC’s place under this Agreement. You must pay them and perform all of your obligations to them and not Vikione LLC. If you pay Vikione LLC after you are notified that your agreement or this Agreement has been transferred, Vikione LLC may return the payment to you, forward the payment to the assignee, or handle it in another way that is reasonable. you may not sell, assign, delegate or transfer your agreement, this Agreement, or your obligations under this agreement to someone else without the written permission of Vikione LLC or any subsequent holder of your agreement. Any sale, assignment, or transfer of your agreement by you in violation of this section shall be null and void.
b. If this Agreement is sold, assigned, or otherwise transferred, your rights under the law or under this Agreement are in no way altered or impaired.
c. We may retain service providers to perform on our behalf any actions authorized or contemplated by this Agreement. Any authorization or permission that you grant to us in this Agreement (or otherwise in connection with your agreement) shall extend to and cover any service provider acting on our behalf or at our direction. Without limiting the generality of the foregoing, you expressly authorize Vikione, Inc., when acting as our service provider, to take any actions authorized or contemplated by this Agreement regardless of whether such actions are authorized or contemplated by the One Network terms of service.
Other provisions in this Agreement that expressly extend rights or protections under this Agreement to our service providers (either generally or to specific service providers) are included for the avoidance of doubt, and should not be interpreted to limit the operation or effect of the general provisions in this Section .
“Disputes” are defined as any claim, controversy, or dispute between you and us, our processors, suppliers or licensors (or their respective affiliates, agents, directors or employees), whether arising before or during the effective period of this Agreement, and including any claim, controversy, or dispute based on any conduct of you or us that occurred before the effective date of this Agreement, including any claims relating in any other aspect of your relationship with us.
20. Binding Individual Arbitration
**General. You and we agree that any and all Disputes, except those that are resolved informally or brought in a small claims court, will be arbitrated by a neutral arbitrator who has the power to award the same individual damages and individual relief that a court can. ANY ARBITRATION UNDER THESE GENERAL TERMS WILL ONLY BE ON AN INDIVIDUAL BASIS; CLASS ARBITRATIONS, CLASS ACTIONS, REPRESENTATIVE ACTIONS, AND CONSOLIDATION WITH OTHER ARBITRATIONS ARE NOT PERMITTED. YOU WAIVE ANY RIGHT TO HAVE YOUR CASE DECIDED BY A JURY AND YOU WAIVE ANY RIGHT TO PARTICIPATE IN A CLASS ACTION AGAINST US. If any provision of this arbitration agreement is found unenforceable, the unenforceable provision will be severed, and the remaining arbitration terms will be enforced (but in no case will there be a class or representative arbitration).
You and we agree that Vikione LLC, along with Vikione LLCl’s subsidiaries, affiliates, agents, employees, predecessors, successors, or assigns and any authorized users or beneficiaries of the Buy Now Pay Later program, are intended to be, and shall have the rights of, a third party beneficiary of this section of this Agreement.**
Pre-Filing Requirement. Before an arbitration is commenced, you or we agree to attempt to avoid the costs of formal dispute resolution by giving each other a full and fair opportunity to address and resolve a Dispute informally. Both parties recognize that this is an important requirement, and that breach of this requirement would be a material breach of this Scope of Arbitration. If we are not able to resolve the Dispute by informal negotiation or, as provided below, in a small claims court, all Disputes will be resolved finally and exclusively by binding individual arbitration with a single arbitrator (the “Arbitrator”) administered by the American Arbitration Association (https://www.adr.org) according to this Section and the Consumer Arbitration Rules through the Procedures for the Resolution of Disputes through Document Submission (the “AAA Rules”), including Rule D-3(b), except you and we will have the right to file early or summary dispositive motions and so long as the claim is arbitrable under the AAA Rules. Except as set forth above, the Arbitrator shall be responsible for determining all threshold arbitrability issues, including issues relating to whether Vikione, Inc.’s General Terms and/or Additional Terms (or any aspect thereof) are enforceable, unconscionable, or illusory and any defense to arbitration, including waiver, delay, laches, or estoppel.
Arbitration Procedures. The Federal Arbitration Act, 9 U.S.C. §§ 1-16, including its procedural provisions, fully applies. So long as it is consistent with the AAA Rules, including Rule D-3(b), the arbitration shall occur through the submission of documents to one arbitrator. To the extent any in-person arbitration hearing is required, the arbitration hearing will occur in San Francisco, California; provided, however, that if circumstances prevent you from traveling to San Francisco, the Arbitrator may hold an in-person hearing in your hometown. The Arbitrator’s award will be binding on the parties and may be entered as a judgment in any court of competent jurisdiction. We value your privacy, particularly with respect to your financial transactions and data. Each of the parties shall maintain the confidential nature of the arbitration and shall not (without the prior written consent of the other party) disclose to any third party the fact, existence, content, award, or other result of the arbitration, except as may be necessary to enforce, enter, or challenge such award in a court of competent jurisdiction or as otherwise required by applicable law. While an arbitrator may award declaratory or injunctive relief, the Arbitrator may do so only with respect to the individual party seeking relief and only to the extent necessary to provide relief warranted by the individual party’s claim. The Arbitrator’s decision and judgment thereon will not have a precedential or collateral estoppel effect.
Arbitration Fees. In accordance with the AAA Rules, the party initiating the arbitration (either you or us) is responsible for paying the applicable filing fee. For purposes of this arbitration provision, references to you and we also include respective subsidiaries, affiliates, agents, employees, predecessors, successors, and assigns as well as authorized users or beneficiaries of the One Network Services.
Opt Out. You may reject this provision, in which case only a court may be used to resolve any Dispute. To reject this provision, you must send us an opt-out notice (the “Opt Out”) within thirty (30) days after you take out a agreement or we first provide you with the right to reject this provision. The Opt Out must be mailed to [email protected] . The Opt Out must include your name, Cash Tag, address, phone number, and the email address(es) you used to sign up for the agreement as well as the agreement number for the agreement for which you choose to Opt Out. Opting out will not affect any other aspect of the Agreement or your agreement, and you will be opted out of arbitration for any subsequent (but not prior) Buy Now Pay Later agreements you may borrow.
Court Proceedings. Subject to and without waiver of the arbitration provisions above, you agree that any judicial proceedings (other than small claims actions as discussed above) will be brought in and you hereby consent to the exclusive jurisdiction and venue in the state courts in the City and County of San Francisco, California, or federal court for the Northern District of California.
NOTE: ANY HOLDER OF THIS CONSUMER AGREEMENT CONTRACT IS SUBJECT TO ALL CLAIMS AND DEFENSES WHICH THE DEBTOR COULD ASSERT AGAINST THE SELLER OF GOODS OR SERVICES OBTAINED WITH THE PROCEEDS HEREOF. RECOVERY HEREUNDER BY THE DEBTOR SHALL NOT EXCEED AMOUNTS PAID BY THE DEBTOR HEREUNDER.
Executed via Electronic Signature on Execution Date, which is the date of your purchase as shown in your One Network/Admatrix activity feed.