Consumer Terms & Conditions

Last updated 4th August 2021

  1. Introduction
    1. These are the terms and conditions (“Terms and Conditions”) that apply to your access to, and use of, Laybuy's payment platform (“Platform”) operated in the United States of America (“United States” or “US”) by Laybuy Holdings USA Inc, a Delaware corporation having an office at 1900 S. Norfolk Street, Suite 350, San Mateo, CA 94403 (“we”, “us” and “our”). Accordingly, please read these terms and conditions carefully.
    2. Where we refer to “you” or “your” in these Terms and Conditions, we mean any individual accepting these Terms and Conditions through the Platform.
    3. By accessing and using the Platform, you acknowledge you have read, and agree to comply with, these Terms and Conditions. If you do not wish to be bound by these Terms and Conditions, do not download, access or use the Platform.
    4. We reserve the right to amend these Terms and Conditions, in whole or in part, for any reason and without notice to you. Amendments will be effective immediately upon posting of the amended Terms and Conditions on our website although no such change will affect any purchase of a Product or Service (as defined below) you have already placed with us. The date at the beginning of these Terms and Conditions will be updated to the date such amendments take effect. You are responsible for ensuring you are familiar with the latest Terms and Conditions. Your continued use of the Platform after any amendments are made will be confirmation of your acceptance of these Terms and Conditions as amended.
    5. TO USE THE PLATFORM YOU MUST BE 18 OR MORE YEARS OLD AND PERMANENTLY RESIDE IN THE STATES LISTED IN SECTION 7.1(a).
  2. Purchasing goods and services
    1. The Platform permits you to purchase, license or otherwise acquire certain products, software, content and/or services made available by retailers approved by us (“Merchants”). Details of the Merchants can be found at https://www.laybuy.com/us/shop-here. Some of the products and/or services a Merchant sells may not be available to be purchased using the Platform. The Merchant and not us will advise you which products and services can be purchased via the Platform.
    2. When using the Platform in a store or online:
      1. you instruct us to pay for the product, software, content or service that you select and purchase, license or otherwise acquire using the Platform (“Product” or “Service”, as the case may be) on your behalf from a Merchant;
      2. we will pay to the Merchant the full amount of the price for the Product or Service, plus any sales tax, delivery costs, booking fees, service charges and other applicable fees the Merchant may impose on the Product or Service (“Total Sale Price” or “Purchase Price”), less any adjustments that may be made between us and the Merchant;
      3. we will never take title to or in any Product or Service we purchase on your behalf. Title in or to Products or Services will pass from the Merchant to you if we approve your purchase and pay the corresponding Purchase Price to the Merchant;
      4. where applicable, the Merchant will arrange for delivery of the Product or Service you purchased to you (with delivery times dependent on the Merchant and that Merchant's applicable terms and conditions), and you will acquire ownership or other applicable rights granted to you by the Merchant with respect to the Product or Service when the Product or Service is delivered or otherwise made available to you; and
      5. you unconditionally, and irrevocably, agree to pay to us the full Total Sale Price and such other sums as may be due to us in accordance with these Terms and Conditions in accordance with the terms set out in these Terms and Conditions.
  3. Credit
    1. If we agree to finance for you a Product or Service through the Platform, we will extend to you a credit line up to a certain maximum credit amount. This credit line is an “open-end credit” line (the “Credit Line”), and it is based on the following principles:
      1. You are welcome to purchase, license or otherwise acquire additional Products or Services in the future using this Credit Line, up to the maximum credit amount that we extend to you. Subject to section 4.2, we are prepared to finance such additional Products or Services upon your request in the future, and we expect that you may conduct repeated transactions through this Credit Line.
      2. We will not charge you any interest or financing costs for purchases you make via the Platform that we finance through this Credit Line. Consequently, we will not impose any finance charge on your outstanding unpaid balance, as long as you pay on time all installment payments that are due under your Credit Line.
      3. the amount of credit we extend to you under this Credit Line, up to Your Limit (as defined in section 4.2), will be generally available to you to finance additional purchases of Products or Services via the Platform to the extent that you pay off any outstanding balances.
    2. The specific terms and conditions of any such Credit Line that we approve for you are available here, including any disclosures that may be required under applicable laws and regulations.
  4. Fees and payment
    1. Subject to section 4.2 of these Terms and Conditions, you must pay us the Total Sale Price for each Product or Service you purchase from us using the Platform in six equal weekly instalments, as described below. The first instalment will be due and payable at the time you purchase, license or first acquire the Product or Service. The second instalment will be due and payable on the date that is one week after the date of purchase (at the latest, although you may choose a sooner date if we make this option available to you). Each of the four subsequent instalments will be due and payable on the same day in the weeks following. For example, if you purchase a Product on a Friday, and the Purchase Price for the Product is $60, on the date of purchase you will pay $10 and on each Friday in the following five weeks you will be required to pay us an instalment amount of $10.
    2. Each purchase of Products or Services through our Platform is subject to our approval in addition to any transaction limit (“Your Limit”) assigned to you for that purchase. If the Purchase Price is in excess of Your Limit, the first instalment of the Purchase Price that is due and payable in accordance with clause 4.1 will be for the amount by which the Purchase Price exceeds Your Limit and the remainder of the Purchase Price owed will be divided and paid over the remaining five instalment payments. For example, if Your Limit is $60 and the Purchase Price is $80, on the date of purchase you will pay $20 (being the excess above Your Limit) and on each of the five remaining instalment dates you will pay $12.
    3. You will not be charged any interest on the amounts you are required to pay to us.
    4. By using the Platform, you grant us a direct debit authority to deduct all amounts owed by you to us in connection with any Product or Service you purchase, or otherwise under these Terms and Conditions (including default fees), from your nominated debit card or credit card. Your payment method will need to be approved by us before you will be able to purchase any Products or Services using the Platform.
    5. You will be responsible for ensuring you have sufficient available funds on your nominated debit card or sufficient available credit on your credit card, depending on the payment method we register on your account, to enable us to deduct all amounts owed by you to us in connection with any Product or Service you purchase, or otherwise, under these Terms and Conditions. You will have sole responsibility for paying all bank and/or card charges associated with any payment method we approve for you.
    6. At any time, you can pay some, or all, of the Total Sale Price to us in advance of the due date of the instalment payments referred to in Section 4.1, without penalty. If you make any such early payment, all subsequent instalment payments will be adjusted accordingly so the same amount is due for payment on each subsequent instalment date (unless you prepay the full amount of the Total Sale Price in which case there will be no more instalments).
    7. If for any reason whatsoever you fail to, or are unable to, make an instalment payment on its due date, you will have a further 24 hours to pay. If you fail pay within 24 hours of the due date, we will charge you a default fee of $8 If you do not rectify your default by making the missed instalment payment within the next seven days, we will charge you a further default fee of $8. As a result, you could be charged, in aggregate, $16 for each instalment payment you miss or which is paid late up to a maximum charge of $32 for each purchase you make (and by using the Platform, you agree these default fees are fair and reasonable given the time and cost we will incur in dealing with your default). We may also arrange for a debt collection agency to collect the amount you owe us from you.
    8. You will not, for any reason, set off, deduct or withhold any amount in respect of payments due to us under these Terms and Conditions.
  5. Your account, log in and security
    1. You may access the Platform for free (although you will need an internet connection to access and use the Platform and you may incur charges or fees from your mobile network provider).
    2. When you first use the Platform, you will be required to provide certain log in information (including a user name and password) that will enable you to access the Platform each time you wish to use the Platform to purchase Products or Services, or to access your account with us. You must keep your log in information secure to avoid use of the Platform using your log in details by other persons.
    3. You must not permit use of the Platform using you log in details by any other person. If the Platform is or used by any other person with your log in details, or if you know or suspect any other person has obtained your log in details, you must immediately notify us at help@laybuy.com.
    4. You must exercise every possible care to ensure the safety of your computer or mobile device by taking all reasonable care to prevent loss, theft and unauthorized or fraudulent use.
    5. If your log in to the Platform is used by another person to purchase a Product or Service, you will be personally liable to pay the Purchase Price of that Product or Service to us in accordance with these Terms and Conditions.
  6. Dealings with Merchants
    1. The Merchant is responsible for delivering the relevant Products or Services, and we make no representations or warranties nor provide any guarantees in respect of any such Products or Services.
    2. If you wish to return the Product, cancel the Service or have any complaint, concern or other issue with a Product or Service, you must address these directly with the Merchant (in accordance with the Merchant's policy for the same). Each Merchant will have its own policy about returns, cancellations and complaints. The relevant Merchant is responsible for providing or advising you in respect of any returns, cancellations or complaints or similar issues.
    3. If, in accordance with the Merchant's consent and/or instructions, you return the Product to the Merchant and arrange with the Merchant for a replacement Product to be delivered or arrange with the Merchant for the Service to be re-performed your obligation to pay the Purchase Price to us continues unaffected.
    4. If:
      1. the Product is returned to the Merchant and not replaced; or
      2. the Service is not provided or not provided to your reasonable satisfaction or you cancel, and the Merchant agrees you should receive some or all your Total Sale Price back, your obligation to make the instalment payments referred to in Section 4 will continue unaffected until the Merchant advises us that:
        1. the Product has been returned and not replaced; or
        2. the Service has not been provided or not provided to your reasonable satisfaction or you have cancelled, and the Merchant has refunded the Total Sale Price into our bank account in cleared and immediately available funds, at which time we will stop deducting instalment payments from your debit or credit card (as the case may be) for the relevant Product or Service and arrange to refund all amounts (if any) you have paid to us in respect of the relevant Product or Service (other than default fees, if applicable)
    5. You purchase the Product or Service from us. Under no circumstances will you be entitled to have all, or any part of, the Total Sale Price refunded directly to you by the Merchant.
    6. If you are not satisfied with the way in which the Merchant deals with your concern or issue, or your concern or issue is not resolved or otherwise addressed by the Merchant to your satisfaction, you should notify us in writing at help@laybuy.com including details of your complaint. While we will make reasonable efforts to assist you with your subsequent dealings with the Merchant, until the concern or issue is resolved your obligation to make the instalment payments referred to in Section 4.1 will continue unchanged.
    7. We provide no guarantee or other assurances in respect of the timing of any refunds as timing will be influenced by the actions of the relevant Merchant and the bank being used.
  7. Your covenants and representations
    1. You covenant, represent and warrant to us that:
      1. you are a resident of one of the following US states, and you are signing up for the Platform and using the Platform from one of the following US states: California, New York and Texas;
      2. you will not us the Platform to purchase any Product or Service where payment of the Purchase Price to us in accordance with these Terms and Conditions will, or is likely to, cause you any financial hardship;
      3. you will not us the Platform for any unlawful, fraudulent or improper purpose;
      4. you will not us the Platform in any manner which does, or may, damage, disable, overburden or otherwise impair the Platform or interfere with any other person's use and enjoyment of the Platform;
      5. you will not us the Platform to introduce any harmful information or materials (which includes any spyware, viruses, worms, trojan horses, harmful scripts or codes or any other damaging items which could interfere with the Platform, our software, hardware, network or computer system);
      6. you will not us the Platform if you are aware your computer or mobile device has such harmful information or materials installed on it;
      7. you will not remove any restrictions imposed by us, the software, or the operating system, that delivers the Platform;
      8. you are 18 years of age or older;
      9. the information you provide to us when you access the Platform for the first time, and any subsequent information you provide to us, will be true, complete and accurate in all respects; and
      10. if any of your circumstances change resulting in any information you have previously provided to us no longer being true, complete and accurate in all respects you will immediately notify us by email at help@laybuy.com.
  8. Intellectual Property
    1. For the purposes of these Terms and Conditions, “Intellectual Property” means all rights to, and interests in, any copyright, trade mark, patent, design, know-how, trade secret, domain name, rights in software, rights in inventions, and any other proprietary right or form of intellectual property (whether protectable by registration or not).
    2. All Intellectual Property in the Platform and in any modifications or additions to the Platform is owned by us or our licensors (as applicable) and none of the contents of the Platform may be used, reproduced, copied or distributed, in any way whatsoever, other than for the purpose of using the Platform for your own personal use and in accordance with these Terms and Conditions.
    3. You must not copy, reverse engineer, decompile, disassemble, attempt to derive the source code of, modify, create derivative works of, re-post to other applications or websites, change, or otherwise distribute, license, sub-license or transfer in any form any aspect of the Platform, except to the extent that this prohibition is not allowed under applicable law.
    4. If any person claims your use of the Platform infringes a person's Intellectual Property, you must notify us and allow us to deal with that claim which may, at our absolute discretion, include us, amongst other things, settling or modifying the Platform to the extent necessary to avoid or minimize the claim.
  9. Upgrades and maintenance
    1. We may, from time to time, issue updated or upgraded versions of the Platform, and/or may automatically update, upgrade or otherwise modify the Platform, without notice to you. If you use the Platform after such update, upgrade or modification, you are consent to any such upgrades.
    2. You acknowledge the Platform may be unavailable from time to time due to errors, defects, maintenance or events that may be outside of our control.
  10. Termination
    1. You may stop using the Platform at any time. If you also wish to terminate or close your account with us, you will need to email this request to us at help@laybuy.com.
    2. We may block, suspend, restrict or otherwise terminate your access to, or use of, the Platform, at any time, without notice or liability to you.
    3. If your access to, or use of, the Platform is blocked, suspended, restricted or terminated, for any reason, this will be without prejudice to our rights and remedies to recover any amounts due and owing by you.
    4. We reserve the right to alter, suspend or terminate access to or use of the Platform, or any particular functionality of the Platform, either temporarily or permanently at any time for any reason, and at our sole discretion, without notice or liability to you.
    5. If we make changes to, or modify, suspend, or terminate your access to the Platform, your obligations towards us will remain unchanged under these Terms and Conditions, including the obligation to pay any remaining installment amounts that you owe to us at that time. We will provide directions on how to pay your remaining installment amounts to us, and you will follow those directions.
  11. Limitation of liability and Indemnity
    1. You will indemnify and hold us and Our Affiliated Entities harmless from any and all claims, liability and expenses, including reasonable attorneys' fees and costs, arising out of your possession, permitted transfer, or use of the Products and/or Services or breach of these Terms and Conditions (collectively referred to as “Claims”). In particular, you acknowledge and agree that we may need certain licenses to offer our installment payment program in certain US states, and you will indemnify and hold us and Our Affiliated Entities harmless from any and all Claims that we may incur if you are a not a resident, and you do not access the Platform from a US state where we currently operate, as described in Section 7.1(a) above. We reserve the right, in our sole discretion and at our own expense, to assume the exclusive defense and control of any Claims. You agree to reasonably cooperate as requested by us in the defense of any Claims. “Our Affiliated Entities” means (i) our direct and indirect business affiliates, customers, Merchants, licensees, users, vendors, investors and shareholders (whether now existing, prospective or future), predecessors, agents, attorneys, advisors, insurers, directors, employees, officers, and any other similar parties, and (ii) any and all of the foregoing’s successors or assigns.
    2. You are responsible for any and all liabilities, losses or damages, whether imposed on you or us, that are directly attributable to you or any of your acts or omissions in connection with each Product and Service. The foregoing provision shall survive the termination of these Terms and Conditions. To the extent permitted by law, you will reimburse us for any expenses we incur in connection with the defense of any claim or action you are responsible for under these Terms and Conditions. Such reimbursement includes, but is not limited to, actual and reasonable attorney's fees, except that to the extent required in New Hampshire, Wisconsin, or any other US state or jurisdiction, we will be obligated to pay any attorney's fees incurred by you in any action in which you prevail.
    3. YOUR USE OF THE PLATFORM AND OF OUR SERVICES, AND YOUR POSSESSION, PURCHASE, LICENSE, PERMITTED TRANSFER, AND USE OF THE PRODUCTS AND SERVICES ARE ENTIRELY AT YOUR OWN RISK. EXCEPT AS DESCRIBED IN THESE TERMS AND CONDITIONS OR OTHERWISE PROVIDED TO YOU BY ANY MERCHANT WITH RESPECT TO PRODUCTS OR SERVICES ACQUIRED FROM SUCH MERCHANT, THE PLATFORM, THE SERVICES WE PROVIDE TO YOU THROUGH THE PLATFORM, AND EACH PRODUCT AND SERVICE THAT YOU PURCHASE, LICENSE OR OTHERWISE ACQUIRE FROM ANY MERCHANT ARE PROVIDED “AS IS.”
    4. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, WE AND OUR AFFILIATED ENTITIES, INCLUDING ALL MERCHANTS, DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED REGARDING THE PLATFORM, ALL OF OUR SERVICES, AND ALL PRODUCTS AND SERVICES THAT YOU PURCHASE, LICENSE OR OTHERWISE ACQUIRE FROM ANY MERCHANT, INCLUDING ALL WARRANTIES OF FITNESS FOR A PARTICULAR PURPOSE, TITLE, MERCHANTABILITY, DATA LOSS, NON-INTERFERENCE WITH, OR NON-INFRINGEMENT OF ANY INTELLECTUAL PROPERTY RIGHTS, OR ACCURACY, RELIABILITY, QUALITY OR CONTENT.
    5. WE AND OUR AFFILIATED ENTITIES DO NOT WARRANT THAT THE PLATFORM, ANY OF THE SERVICES THAT WE MAY PROVIDE TO YOU THROUGH THE PLATFORM, AND/OR ANY PRODUCT OR SERVICE THAT YOU PURCHASE, LICENSE OR OTHERWISE ACQUIRE FROM ANY MERCHANT, OR ANY DATA PROCESSED THROUGH OR USING THE PLATFORM OR ANY PRODUCT OR SERVICE, ARE SECURE, ACCURATE, FREE FROM BUGS, VIRUSES, INTERRUPTION, ERRORS, THEFT OR DESTRUCTION.
    6. IF ANY OF THE FOREGOING EXCLUSIONS IN THIS SECTION 11 DO NOT APPLY TO YOU OR ARE VOID WITH RESPECT TO YOU UNDER ANY APPLICABLE LAWS OR REGULATIONS, THE RESPECTIVE WARRANTIES THAT CANNOT BE EXCLUDED ARE LIMITED TO THE SHORTER OF (A) 90 DAYS FROM THE DATE OF FIRST PURCHASE OR FIRST DELIVERY OF THE PRODUCTS, AND (B) THE SHORTEST PERIOD PERMITTED BY THOSE LAWS AND REGULATIONS.
    7. WE AND OUR AFFILIATED ENTITIES DISCLAIM ANY REPRESENTATIONS OR WARRANTIES THAT YOUR USE OF THE PLATFORM, AND/OR THAT YOUR POSSESSION, PURCHASE, LICENSE, PERMITTED TRANSFER, AND/OR USE OF ANY PRODUCT OR SERVICE ACQUIRED FROM A MERCHANT WILL SATISFY OR ENSURE COMPLIANCE WITH ANY LEGAL OBLIGATIONS OR LAWS OR REGULATIONS.
    8. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, OUR TOTAL AND CUMULATIVE LIABILITY OVER THE LIFE OF THESE TERMS AND CONDITIONS, TOGETHER WITH THE TOTAL AND CUMULATIVE LIABILITY OF OUR AFFILIATED ENTITIES OVER THE LIFE OF THESE TERMS AND CONDITIONS, FOR ALL CLAIMS, BREACHES AND ALL OTHER LIABILITIES ARISING OUT OF OR OTHERWISE RELATING TO THESE TERMS AND CONDITIONS AND ALL PRODUCTS AND SERVICES, TO YOU AND TO ALL OTHER PARTIES DIRECTLY OR INDIRECTLY AFFILIATED WITH YOU OR WITH THE RESPECTIVE CLAIMS SHALL BE LIMITED AT EACH POINT IN TIME TO THE NET AMOUNT THAT WE RECEIVED FROM YOU DURING THE SIX (6) MONTHS PRIOR TO SUCH POINT IN TIME. SUBJECT TO APPLICABLE LAW, WE AND OUR AFFILIATED ENTITIES ARE NOT LIABLE FOR ANY OF THE FOLLOWING: (A) INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE OR CONSEQUENTIAL DAMAGES; AND (B) DAMAGES RELATING TO FAILURES OF TELECOMMUNICATIONS, THE INTERNET, ELECTRONIC COMMUNICATIONS, DATA CORRUPTION, SECURITY, LOSS OR THEFT OF DATA, VIRUSES, SPYWARE, LOSS OF BUSINESS, LOSS OF REVENUE, OR LOSS OF PROFITS OR INVESTMENT.
    9. THE ABOVE LIMITATIONS AND DISCLAIMERS IN SECTIONS 11.3 TO 11.8, (INCLUSIVE) APPLY EVEN IF WE AND OUR AFFILIATED ENTITIES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH CLAIMS, LIABILITIES, BREACHES OR DAMAGES. THESE TERMS AND CONDITIONS SET FORTH OUR ENTIRE LIABILITY, AND THE ENTIRE LIABILITY OF OUR AFFILIATED ENTITIES, AND YOUR EXCLUSIVE REMEDY WITH RESPECT TO ALL PRODUCTS AND SERVICES AND THESE TEMS AND CONDITIONS, EXCEPT TO THE EXTENT THAT YOU AND THE MERCHANT THAT SOLD OR PROVIDED TO YOU THE PRODUCT OR SERVICE AGREED OTHERWISE WITH RESPECT TO SUCH MERCHANT’S LIABILITY TO YOU (IN WHICH CASE YOUR EXCLUSIVE AND SOLE REMEDIES WILL BE FROM SUCH MERCHANT, AND NOT FROM US).
    10. We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under these Terms and Conditions that is caused by events outside our reasonable control.
    11. We are not responsible for any:
      1. corruption or loss of data or other content which you or any other person may experience; or
      2. software, network, computer system, hardware, devices or other equipment that may be harmed, as a result of, or otherwise in connection with, your use of the Platform.
    12. We do not represent or warrant that:
      1. the Platform will function uninterrupted, that it will be error-free, that defects will be corrected or that the Platform, or the server that makes it available, will be free of any virus or other harmful elements; or
      2. the Platform will be compatible with any particular computer or mobile device.
  12. Privacy
    1. We will collect and process your personal information in accordance with our Privacy Policy at https://www.laybuy.com/us/privacy.
    2. You authorize us (or any agents or contractors providing services on our behalf) to disclose your personal information to other persons to the extent required by law, which may include us reporting any credit account information and default by you of these Terms and Conditions and/or for credit assessment purposes (which may include us reporting any default by you in paying amounts due to us to credit assessment agencies).
  13. Disputes and Applicable Law.
    1. CALIFORNIA STATE LAW GOVERNS THESE TERMS AND CONDITIONS WITHOUT REGARD TO ITS CONFLICTS OF LAWS PROVISIONS.
    2. ANY DISPUTE OR CLAIM RELATING IN ANY WAY TO THE PLATFORM, ANY OF THE SERVICES THAT WE MAY PROVIDE TO YOU THROUGH THE PLATFORM, ANY PRODUCT OR SERVICE THAT YOU PURCHASE, LICENSE OR OTHERWISE ACQUIRE FROM ANY MERCHANT, AND/OR THESE TERMS AND CONDITIONS WILL BE EXCLUSIVELY RESOLVED BY BINDING ARBITRATION, RATHER THAN IN COURT. The Federal Arbitration Act governs the interpretation and enforcement of this provision, and the arbitrator shall apply California law to all other matters. Notwithstanding anything to the contrary, we may at any time seek injunctions or other forms of equitable relief from any court of competent jurisdiction. WE AND YOU AGREE THAT ANY AND ALL DISPUTES MUST BE BROUGHT IN THE RESPECTIVE PARTY’S INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. BY OBTAINING A LOAN FROM US AND ENTERING INTO THESE TERMS AND CONDITIONS AND AGREEING TO ARBITRATION, YOU AGREE THAT YOU AND US ARE EACH WAIVING THE RIGHT TO FILE A LAWSUIT AND THE RIGHT TO A TRIAL BY JURY. IN ADDITION, YOU AGREE TO WAIVE THE RIGHT TO PARTICIPATE IN A CLASS ACTION OR LITIGATE ON A CLASS-WIDE BASIS. YOU AGREE THAT YOU HAVE EXPRESSLY AND KNOWINGLY WAIVED THESE RIGHTS.
    3. To begin an arbitration proceeding under these Terms and Conditions, send a letter requesting arbitration and describing your claim to us at the main address posted on our main website. Arbitration will be conducted by the American Arbitration Association (“AAA”) before a single AAA arbitrator under the AAA's rules, which are available at www.adr.org. Payment of all filing, administration and arbitrator fees and costs will be governed by the AAA's rules, but if you are unable to pay any of them, we will pay them for you (but not your legal fees (if any), which you must pay as part of your arbitration proceedings). The decision of the arbitrator shall be final and not appealable, and judgment on the arbitration award may be entered in any court having jurisdiction thereof.
    4. This Section 13 will survive any expiration, termination or rescission of this Agreement.
    5. You acknowledge and agree that we would not provide to you access to the Platform or a loan, and would not facilitate your purchase of any Product or Service on the terms and in the form offered to you under these Terms and Conditions if you had not agreed to the applicable law, arbitration and waiver of class action rights above in this Section 13.
  14. Notices.
    1. To provide to us any notice under this Agreement, including any notice required or permitted by law, please email us at legal@laybuy.com or write to us at:
      Laybuy Holdings USA Inc
      1900 S. Norfolk Street, Suite 350
      San Mateo, CA 94403
    2. YOU ACKNOWLEDGE THAT (1) BEFORE ACCEPTING AND ENTERING INTO THESE TERMS AND CONDITIONS, YOU RECEIVED A LEGIBLE, COMPLETELY FILLED-IN COPY OF THESE TERMS AND CONDITIONS, AND YOU READ THESE TERMS AND CONDITIONS, AND (2) YOU RECEIVED A COPY OF EVERY OTHER DOCUMENT THAT RELATES TO THESE TERMS AND CONDITIONS AND/OR TO EACH PRODUCT AND SERVICE.
    3. ANY HOLDER OF THESE TERMS AND CONDITIONS IS SUBJECT TO ALL CLAIMS AND DEFENSES WHICH THE DEBTOR COULD ASSERT AGAINST THE SELLER OF THE PRODUCTS OR SERVICES OBTAINED PURSUANT THESE TERMS AND CONDITIONS OR WITH THE PROCEEDS HEREOF. RECOVERY UNDER THESE TERMS AND CONDITIONS BY THE DEBTOR SHALL NOT EXCEED AMOUNTS PAID BY THE DEBTOR UNDER THESE TERMS AND CONDITIONS.
    4. Do not accept and enter into these Terms and Conditions before you read this whole agreement or if it contains any blank spaces to be filled in.
    5. You are entitled to a completely filled-in copy of these Terms and Conditions.
    6. You can prepay the full amount due under these Terms and Conditions at any time with no prepayment penalty.
    7. If you desire to pay off in advance the full amount due, that amount will be furnished upon request.
  15. General
    1. While we will employ technical security measures to protect your personal information, no transmission over the internet can be guaranteed to be completely secure. To the extent permitted by law, we do not represent, warrant or guarantee that personal information will be protected against misuse, loss or alterations.
    2. The following provisions will survive any expiration or termination of this Agreement: Sections 4 (with respect to any amounts that you owe us), 7, 8, 10, 11, 12, 13, 14, 15, and any other sections that are, by their nature, intended to survive termination, will survive the termination of or expiration of this Agreement.
    3. You may not, directly or indirectly, assign, transfer or otherwise dispose of any of your rights or interests in, or obligations or liabilities under, these Terms and Conditions. We may assign our rights, interests, obligations and/or liabilities at any time without your consent or prior notice to you.
    4. No waiver of any breach, or failure to enforce any provision, of these Terms and Conditions at any time by us will in any way affect, limit or waive our right to enforce and compel strict compliance with the provisions of these Terms and Conditions.
    5. If any part of these Terms and Conditions is held by any court or administrative body of competent jurisdiction to be illegal, void or unenforceable such determination will not impair the enforceability of the remaining parts of these Terms and Conditions, which will remain in full force and effect.
    6. These Terms and Conditions, and any amendments made by us, constitute the entire agreement and understanding (express and implied) between you and us in connection with your access to, and use of, the Platform.
United States