Fly Now Pay Later Services Terms
These terms apply between Pay Later Financial Services Inc. (“Fly Now Pay Later”) and you when you use Fly Now Pay Later’s services and features as described in these terms (the “Services”). You sign up for the Services by accepting these terms. By accepting these terms you also agree to:
Description of the Services
The Fly Now Pay Later Service, provided to you via an app or a web portal is your hub for all your Fly Now Pay Later purchases and all other features offered by Fly Now Pay Later. Some of these features are activated by downloading the app or logging in through the web portal, while others can be activated by you after login.
When you make a purchase using the Fly Now Pay Later Service you may be offered a closed-end installment loan product with terms as expressed in your Loan Agreement. Loans may be offered by a Bank Partner through Fly Now Pay Later’s technology platform or by Fly Now Pay Later directly through Fly Now Pay Later’s technology platform or through a third-party website.
Loan term options may vary based on purchase price and merchant and may not be available in all states. Fly Now Pay Later’s services allow you to buy travel products and services offered by merchants (“Merchants”) for personal use. If you buy with Fly Now Pay Later, either Fly Now Pay Later or our Bank Partner (the “Lender”), depending on the product, will pay the Merchant on your behalf in exchange for your promise to repay the same amount plus a finance charge, where applicable.
The exact content of features can differ between different country versions of the Fly Now Pay Later Service. Fly Now Pay Later updates the Fly Now Pay Later Service continuously with new features. Please note that additional terms may apply to a specific payment method if you choose to make your payment by using one of the methods offered by Fly Now Pay Later.
Before completing any transaction on your behalf through any Fly Now Pay Later Services, Fly Now Pay Later will secure your promise to pay by disclosing the terms and conditions applicable to that transaction and securing your Fly Now Pay Later active consent to those terms for that transaction, including your promise to pay the Total Payments amount to Lender or its assigns, by asking you to click the button to confirm your loan.
Important Notice
If you are in default, the Loan Holder reserves the right, subject to applicable law, to cancel the travel products and services that have been purchased with the proceeds of this loan. The Loan Holder will always make at least 1 attempt to contact you before cancelling the travel products and services.
Autofill of your contact information
We can help you to fill in your contact information in two ways.
Autofill through input of limited information
While interacting with Fly Now Pay Later we may ask for information about you, such as name, address, telephone number, email, date of birth, or personal identification number. We will keep this information in our systems so that when you return to us or use our payment methods, you will only need to provide some of this information such as email and zip-code, or personal identification number (dependent on the country) in order for us to autofill the remaining fields with your other details.
Autofill through a Fly Now Pay Later cookie
An additional method we can use to autofill your information is by placing a Fly Now Pay Later-cookie on your device (computer, tablet, mobile phone, etc.). You may choose to store your details such as name, address, telephone number, email, date of birth, or personal identification number, and card details with Fly Now Pay Later. If you do so, we use the cookie to fetch those details from Fly Now Pay Later’s storage, and the cookie will help us to autofill them when you shop with Fly Now Pay Later.
By accepting these terms you give Fly Now Pay Later a consent to store this cookie on your device. For more information on our use of cookies see our Privacy Policy.
Disable autofill
If you don’t want to use the Autofill functionalities you can contact us and we will disable them. You can also disable them from the Fly Now Pay Later Service or by adjusting your autofill settings during the purchase process. You can at any given time delete all cookies on your device, which deletes our cookie as well.
Autofill of other information
While interacting with Fly Now Pay Later you may also provide us with other information, such as for example card details. You may choose us to keep this information in our systems so that when you return to us we may autofill such information after we have identified you.
When you shop directly from the Fly Now Pay Later Service we can also autofill your details on the site where you are shopping. This is enabled by you being logged in to the app and we know it is you that are shopping.
Permission to obtain credit report when paying with Fly Now Pay Later and credit reporting
You expressly authorize Pay Later Financial Services, Inc., Fly Now Pay Later, and/or any of Fly Now Pay Later’s Bank Partners (each an ” Fly Now Pay Later Creditor” and collectively ” Fly Now Pay Later Creditors”) to obtain (for itself or on behalf of another Fly Now Pay Later Creditor) consumer reports from consumer reporting agencies about you (1) when you apply for a loan or line of credit, (2) periodically throughout the term of your loan or while you have a line of credit (including in the month following the month when you pay off or otherwise satisfy the loan or line of credit) and (3) periodically in connection with the use of any other services that we offer or that you may obtain from us (including services involving financial management, credit profile tools, and the marketplace); in each case you expressly authorize us to use such information about you to (i) determine your eligibility for a loan or line of credit, (ii) market refinancings and Fly Now Pay Later‘s current and future products and services to you (including during or after the term of your loan, while you have a line of credit, or whenever you use any other service we offer or you obtain from us, such as financial management tools or the marketplace), (iii) provide you with other services (including financial management tools and credit profile tools) you may request, (iv) make decisions related to the servicing and collection of your account, (v) measure how the loan/line of credit you obtained through us impacts your credit, (vi) perform other statistical analyses, and (vii) share information with you about your credit profile. If you apply for an additional loan or line of credit from us, you further authorize any Fly Now Pay Later Creditor that has information about you (including a consumer report) to convey such information to the applicable Fly Now Pay Later Creditor in order to determine your eligibility for such additional loan or line of credit.
You understand that any of the Fly Now Pay Later Creditors and/or Bank Partners may report information about your loan or line of credit (such as on-time, late, and missed payments; any defaults; and the fact you paid off your loan or line of credit) to credit reporting agencies, and that such information may be reflected in your credit report.
As a Fly Now Pay Later Service user you may, at your own discretion, upload, publish and share your content, such as collections, images and nickname. You acknowledge that by sharing content you make it publically available, and means that information about you becomes available to others, and may be used and shared further by other individuals.
You may only upload, publish or share content which you have the right to use, upload, publish or share, and which do not violate law, this Agreement or third party rights.
You agree to not upload, publish or share content which is unlawful, fraudulent, abusive, threatening, violate the rights of others, offensive or criminal (such as agitation against ethnical groups, child pornography or unlawful depictions of violence).
Fly Now Pay Later reserves the right, without obligation, to monitor, review, adjust, inactivate or remove content, without notifying you or a third party, in our sole discretion.
You are solely responsible for your upload, publication and sharing of content, and agree to indemnify and hold Fly Now Pay Later harmless from damages, loss or costs incurred by your upload, publication or sharing of content, including in connection to third party claims against Fly Now Pay Later.
3. Show historical purchases and transactions
We save information about your purchases and transactions in the Fly Now Pay Later App. As a part of the Services provided under these terms, Fly Now Pay Later enables you to see information about your purchases and transactions in the Fly Now Pay Later App. If you want to learn more about how Fly Now Pay Later uses this information, and other information we have about you, please see our Privacy Policy.
4. Offers and benefits
Fly Now Pay Later may offer you, offers and benefits such as discounts, special events, pre-access to products, sales promotions, merchant offers, sampling and giveaways. What offers and benefits you receive will be based on your previous actions such as number of purchases, purchase amounts, or usage of Fly Now Pay Later Services.
Are there any costs for the Services?
Please note that interest and fees may apply to the use of a specific payment method. So make sure you check the specific information for the payment method that you use.
Changes to this Agreement
We 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 confirming a loan).
Additionally, YOU AGREE TO ACCEPT ANY CHANGES TO THIS AGREEMENT BY USING THE Fly Now Pay Later SERVICES AFTER CHANGES HAVE BEEN POSTED. If Fly Now Pay Later makes any changes to this Agreement that it deems to be material, Fly Now Pay Later 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.
Privacy and your personal data
To offer you the Services, we need to process your personal data – we encourage you to read our Privacy Policy for a more detailed understanding of how we process and protect your data.
Cookies and similar tracking technologies
For parts of the Services we use cookies and similar technologies to deliver a tailored and frictionless online experience.
Your obligations
You shall always provide correct information and use your own and correct identity. Any use of information that does not belong to you or that you for other reasons are not authorized to use, or the use of the Services in a non-prescribed way, will be seen as a misuse. Any data relating to misuse or suspected misuse may be saved and used for future risk assessment and for the protection of involved parties. Fly Now Pay Later reserves the right to block the Services from further usage.
If you upload, import or share content to Fly Now Pay Later, like images, texts, receipts, information on goods, service or deliveries, or other content, you grant Fly Now Pay Later a royalty-free right to use and display the content for purposes of delivering Fly Now Pay Later Services. We have the right to remove any content uploaded or shared by you if we are required by law, or believe it is offensive, inappropriate, unlawful, violating the rights of others, or otherwise objectionable. You are liable for any content uploaded or shared by you. You acknowledge and agree that if you upload, import or share content that violates, or Fly Now Pay Later may reasonably assume to violate, law or your agreement with Fly Now Pay Later, we may terminate or deactivate your use of the Fly Now Pay Later Service.
Eligibility
To be eligible to use the Fly Now Pay Later Services, you must:
- have full legal capacity to enter into a contract;
- be at least eighteen (18) years old or of legal age in your state of residence; and
- provide your personal details.
Consent to communication
By providing Fly Now Pay Later your landline or mobile telephone number, you consent to receive calls and/or texts at that number, including those sent through the use of automated technology and/or prerecorded messages, regardless of whether the number is on the federal or any state do-not-call list. Fly Now Pay Later and third parties representing Fly Now Pay Later may use this number to call and/or text you with transactional messages and to provide relevant offers or other marketing. Fly Now Pay Later’s merchant partners may use this number to call and/or text you with transactional messages. Your carrier’s standard telephone minute and text charges may apply. Fly Now Pay Later will not share the phone number you provide with third parties who are not affiliated with us, unless they are our merchant partners or service providers acting on our behalf, without your consent. Fly Now Pay Later, its merchant partners or third parties who represent Fly Now Pay Later may also contact you at the email address you provide. You further agree to electronic communications, as outlined below in the E-SIGN Consent Agreement below.
Authorization to charge payment method & Partial Payments
You represent that you are authorized to use the payment method and authorize Fly Now Pay Later to (1) debit, withdraw or charge your payment method and (2) to initiate any credit, debit or charge to your payment method in order to process any returns, chargebacks, reversals, refunds, corrections or other necessary adjustments. All card payments are subject to authorization by your card issuer.
For the purchase of certain travel products and services, you may be required to make an immediate, one-time partial payment of the purchase price (a “Partial Payment”). If you are required to make a Partial Payment, you acknowledge that, notwithstanding the fact that Fly Now Pay Later is not a party to the initial agreement between you and the merchant (i.e., your purchase), Fly Now Pay Later acts as the merchant’s payment collection agent for the limited purpose of accepting Partial Payments from you on behalf of the merchant. Upon your payment of a Partial Payment to Fly Now Pay Later, your payment obligation to the merchant for the Partial Payment is extinguished and Fly Now Pay Later is responsible for remitting the Partial Payment to the merchant. In the event that Fly Now Pay Later does not remit a Partial Payment to the merchant, the merchant will have recourse only against Fly Now Pay Later and not you.
Your relationship with merchants
Fly Now Pay Later is not in any way responsible for the goods or services you order or purchase from merchants, including, without limitation, the quality of such goods and services. Fly Now Pay Later does not provide any endorsements or guarantees for any goods or services offered for sale on third party websites linked to the Fly Now Pay Later Services. Fly Now Pay Later does not warrant the accuracy or reliability of any information or marketing messages contained in the third party websites linked to the Fly Now Pay Later Services. You must contact the merchant to resolve any issues you have with respect to the services you ordered or purchased from the merchant, including, without limitation, any issues relating to shipping and delivery, product warranty, product return, and the terms of any agreements you entered into with the merchant in connection with your order or purchase. Further, you may have certain dispute rights through your credit card issuer if you pay with a credit card. Any disputes filed with your credit card issuer shall be between you and the issuer, and Fly Now Pay Later shall not be held liable for such disputes.
Prohibited activities
In connection with your use of the Fly Now Pay Later Services, you agree not to do any of the following:
- Breach these Terms, the Fly Now Pay Later Privacy Policy, or any other agreement you have entered into with Fly Now Pay Later;
- Infringe our intellectual property rights;
- Fail to provide us with any information about you that we may reasonably and legally request; or
- Reveal any PIN or similar code we send you to anyone else. We are not responsible for losses incurred by you, or by any person other than you, arising as a result of your misuse of your PIN or similar code.
Third party services
Some features used by you, may include services provided by a third party. When you use features which are relying on third party services you authorize Fly Now Pay Later to utilize those services on your behalf. We do not provide any warranty, or assume any responsibility regarding the quality, accuracy, source, merchantability, fitness for purpose or any other aspect of those third party services.
Your use of Google Maps is subject to the then-current Google Maps/Google Earth Additional Terms of Service and Google’s Privacy Policy.
To prevent abuse of the Fly Now Pay Later’s App via web portal, Fly Now Pay Later may use reCAPTCHA, making you subject to Google’s Privacy Policy and Terms of Service.
By continuing to use our service, you confirm that you have read, understood and accept Onfido Facial Scan Policy and Release, Onfido Privacy Policy and Onfido Terms of Service.
Fly Now Pay Later will refuse to provide you access to its services, including ability to issue a Corporate Virtual Card and/or grant you a loan in case of travelling to a jurisdiction that is embargoed or blocked by any government. Prohibited countries include Cuba, Iran, Syria, North Korea, Russia, Crimea, Sevastopol, Luhansk and Donetsk. We will refuse services to those on sanctions lists identified by the United States Office of Foreign Asset Control (OFAC), the European Commission or United Kingdom.
Duration and termination of this agreement
This agreement is concluded for an indefinite period of time. It applies until it is terminated by you or us and can be terminated at any time, except that the Mandatory Arbitration of Disputes section will still operate after termination.
No warranties
THE FLY NOW PAY LATER SERVICES ARE PROVIDED “AS IS” AND FLY NOW PAY LATER AND ITS AFFILIATES MAKE NO REPRESENTATIONS, WARRANTIES OR GUARANTEES, WHETHER EXPRESS, IMPLIED OR STATUTORY, WITH RESPECT TO YOUR USE OF THE FLY NOW PAY LATER SERVICES. TO THE EXTENT PERMITTED BY APPLICABLE LAW, FLY NOW PAY LATER DISCLAIMS ANY AND ALL STATUTORY WARRANTIES, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. Fly Now Pay Later does not guarantee the continuous, uninterrupted, error-free or secure use of any part of the Fly Now Pay Later Services. Use of the Fly Now Pay Later Services may be interrupted due to events outside Fly Now Pay Later’s reasonable control, such as delays in the banking system or credit card networks. Fly Now Pay Later will use commercially reasonable efforts to process payments in a timely manner, but Fly Now Pay Later makes no representations or warranties regarding the time it takes to complete any transaction
Fly Now Pay Later does not approve or control any third party website or application and we are not responsible or in any way liable for their content. If you use such websites or applications from third parties, the terms and conditions for those websites or applications will apply to you.
Limitation of liability
IN NO EVENT SHALL FLY NOW PAY LATER AND ITS AFFILIATES, AND THE DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND SUPPLIERS OF FLY NOW PAY LATER OR ITS AFFILIATES, BE LIABLE FOR ANY SPECIAL, INDIRECT, INCIDENTAL, EXEMPLARY, PUNITIVE OR CONSEQUENTIAL DAMAGES OR LOST PROFITS ARISING OUT OF OR IN CONNECTION WITH THE FLY NOW PAY LATER SERVICES, FLY NOW PAY LATER WEBSITES OR THESE TERMS, WHETHER IN CONTRACT, TORT (WHETHER IN NEGLIGENCE OR STRICT LIABILITY) OR OTHER LEGAL OR EQUITABLE THEORY. THE LIABILITY OF THE ABOVE-MENTIONED PARTIES, TO YOU OR ANY THIRD PARTIES IN ANY CIRCUMSTANCE IS LIMITED TO THE ACTUAL AMOUNT OF DIRECT DAMAGES. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, FLY NOW PAY LATER AND ITS AFFILIATES, AND THE DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND SUPPLIERS OF FLY NOW PAY LATER OR ITS AFFILIATES, ARE NOT LIABLE, AND YOU AGREE NOT TO HOLD THESE PARTIES RESPONSIBLE FOR, ANY DAMAGES OR LOSSES RESULTING DIRECTLY OR INDIRECTLY FROM: (1) YOUR USE OF OR YOUR INABILITY TO USE ANY FLY NOW PAY LATER SERVICE OR ANY FLY NOW PAY LATER SITE; (2) DELAYS OR DISRUPTIONS IN ANY FLY NOW PAY LATER SERVICE OR ANY FLY NOW PAY LATER SITE; (3) VIRUSES OR OTHER MALICIOUS SOFTWARE OBTAINED BY ACCESSING ANY FLY NOW PAY LATER SERVICE OR ANY FLY NOW PAY LATER SITE; (4) GLITCHES, BUGS, ERRORS, OR INACCURACIES OF ANY KIND IN ANY FLY NOW PAY LATER SERVICE OR ANY FLY NOW PAY LATER SITE; (5) THE CONTENT, ACTIONS, OR INACTIONS OF THIRD PARTIES, INCLUDING ANY THIRD PARTY WEBSITE OR APPLICATION LINKED TO ANY FLY NOW PAY LATER SERVICE OR ANY FLY NOW PAY LATER SITE; (6) CLAIMS OF BREACH OF WARRANTY OR GUARANTEE; (7) GOODS AND SERVICES YOU PURCHASED FROM MERCHANTS, OR THE RETURN OF SUCH GOODS AND SERVICES; OR (8) CHANGES TO THESE TERMS. These limitations and exclusions apply even if your remedies do not fully compensate you for any losses or if Fly Now Pay Later or its affiliates, knew or should have known about the possibility of damages.
Assignment
You may not transfer or assign any rights or obligations you have under these Terms without Fly Now Pay Later’s prior written consent. Fly Now Pay Later reserves the right to transfer or assign these Terms or any right or obligation under these Terms at any time.
Contract interpretation
These Terms, along with any applicable Fly Now Pay Later policies and other agreements that you have agreed to, sets forth the entire understanding between you and Fly Now Pay Later with respect to the Fly Now Pay Later Services. It supersedes any prior agreements between you and Fly Now Pay Later regarding your use of the Fly Now Pay Later Services. All parts of these Terms apply to the maximum extent permitted by law. Unless stated otherwise in these Terms, if any provision of these Terms is held to be invalid or unenforceable, such provision shall be struck and the remaining provisions shall be enforced.
No third party beneficiaries
These Terms are solely for your and Fly Now Pay Later’s benefit. It is not for the benefit of any other person, except for Fly Now Pay Later’s parent and affiliates, which you agree are third party beneficiaries, as well as Fly Now Pay Later’s successors and assigns.
Fly Now Pay Later
Pay Later Financial Services Inc. Fly Now Pay Later, 228 Park Ave S, PMB 56453, New York, New York 10003-1502 US.
Resolving Disputes
Disputes with Fly Now Pay Later. If a dispute arises between you and Fly Now Pay Later, 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 Fly Now Pay Later at complaints@flynowpaylater.com to try resolving your problem directly with us.
Mandatory Arbitration. THIS SECTION AFFECTS YOUR RIGHTS, PLEASE READ CAREFULLY BEFORE AGREEING TO THESE TERMS OF SERVICE
BY USING THE FLY NOW PAY LATER SERVICE OR THE WEBSITE. Unless you are a covered borrower as defined by the Military Lending Act, 10 U.S.C. § 987, and to the extent permitted by applicable law, except as explicitly provided in this Agreement, any dispute or claim relating in any way to your visit to the Website, your use of the Fly Now Pay Later Services, a product offered or provided by or through the Website or Service, or otherwise arising out of or relating to this Agreement or the Services that cannot be resolved directly between you and Fly Now Pay Later shall be resolved by non-appearance based binding arbitration, rather than in court. Except as otherwise provided in this Agreement, this includes any claims based in contract, statute, tort, fraud, misrepresentation or any other legal theory. The Federal Arbitration Act and federal arbitration law apply to this Agreement. There is no judge or jury in arbitration and court review of an arbitration award is limited, but an arbitrator can award an individual the same damages and relief as a court and must apply and follow the terms of this Agreement as a court would. YOU UNDERSTAND THAT ABSENT THIS PROVISION, YOU WOULD HAVE THE RIGHT TO SUE IN COURT AND HAVE A JURY TRIAL.
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, Fly Now Pay Later 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 Fly Now Pay Later 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 Fly Now Pay Later and all of its partners, affiliates, shareholders, employees, and agents of any kind (together, our “Affiliates”).
Except as explicitly provided elsewhere in this Agreement, all claims you bring against Fly Now Pay Later 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, Fly Now Pay Later may recover from you attorneys’ fees and costs up to $1,500 per claim, provided that Fly Now Pay Later first has notified you in writing of the improperly filed claim and you have failed to promptly withdraw the claim.
Restrictions
You and Fly Now Pay Later agree that any arbitration shall be limited to the dispute between Fly Now Pay Later 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.
Exceptions to Informal Negotiations and Arbitration
You and Fly Now Pay Later 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 Fly Now Pay Later’s intellectual property rights; and (2) any claim for injunctive relief.
MISCELLANEOUS PROVISIONS
Operations
Fly Now Pay Later operates and controls the Services from its offices in the United States. Fly Now Pay Later makes no representation that the Services are appropriate or available in other locations. The information provided on the Services is not intended for distribution to or use by any person or entity in any jurisdiction or country where such distribution or use would be contrary to law or regulation or which would subject Fly Now Pay Later to any registration requirement within such jurisdiction or country. Accordingly, those persons who choose to access the Services from other locations do so on their own initiative and are solely responsible for compliance with local laws, if and to the extent local laws are applicable.
Software from the Services may be subject to United States export controls. Thus, no software from the Services may be downloaded, exported or re-exported (i) into (or to a national or resident of) Cuba, Iraq, North Korea, Iran, Syria, or any other country to which the United States has embargoed goods; or (ii) to anyone on the U.S. Treasury Department’s list of Specially Designated Nationals or the U.S. Commerce Department’s Table of Deny Orders. By downloading any software, you represent and warrant that you are not located in, under the control of, or a national or resident of, any such country or on any such list. The parties specifically disclaim application of the Convention on Contracts for the International Sale of Goods. This Agreement is effective until terminated by either party. You may terminate this Agreement by destroying all Service-related materials obtained from the Service, Fly Now Pay Later or any other website or source and paying all amounts you owe (including any fees or expenses incurred or imposed by Fly Now Pay Later) in full. The privileges granted to you under this Agreement will terminate immediately and automatically without notice from Fly Now Pay Later if, in our sole discretion, you fail to comply with any term or provision of these Agreement. Neither the course of conduct between the parties nor trade practice will act to modify this Agreement. You may not assign these obligations under the Agreement without Fly Now Pay Later’s prior written consent, but Fly Now Pay Later may assign this Agreement and its rights and obligations hereunder to any party at any time without any notice to you. No waiver by either party of any breach or default hereunder shall be deemed to be a waiver of any preceding or subsequent breach or default. The section headings used herein are for convenience only and shall not be given any legal import. Upon Fly Now Pay Later’s request, you will furnish Fly Now Pay Later any documentation, substantiation or releases necessary to verify your compliance with this Agreement. You agree that this Agreement will not be construed against Fly Now Pay Later by virtue of having drafted them. You hereby waive any and all defenses you may have based on the electronic form of this Agreement and the lack of signing by the parties hereto to execute this Agreement.
Updating Your Information
You agree that Fly Now Pay Later is not responsible for any delay or failure in your receipt of any Disclosure, text message, or email notice that is not caused by Fly Now Pay Later’s failure to send such a Disclosure or notice to the phone number or email address you have provided to us. We will not assume liability for non-receipt of notification of availability of electronic Documents in the event your mobile number, email address or other contact information on file is invalid; your email or Internet service provider filters the notification as “spam” or “junk mail”; there is a malfunction in your computer, mobile device, browser, Internet service, mobile connectivity and/or software; or for other reasons beyond our control.
Enforceability and Governing Law
The failure of Fly Now Pay Later to exercise or enforce any right or provision of the terms in this Agreement does not constitute a waiver of such right or provision. These Terms of Service constitute the entire agreement between you and Fly Now Pay Later with regard to your use of the Fly Now Pay Later Services and any previous Terms of Service that may exist between you and Fly Now Pay Later is hereby superseded. This Agreement cannot be changed or modified by you except as posted on the Services by Fly Now Pay Later. Except as provided in Section 5 (Mandatory Arbitration), if any provision of this Agreement is held to be unenforceable, the unenforceable term or provision shall be replaced by an enforceable term or provision that comes closest to the intention underlying the unenforceable term or provision and the remaining provisions shall be enforced. Except as provided in Section 5 (Mandatory Arbitration) the laws of the State of Delaware govern your access to, and use of, the Services and the terms of this Agreement.
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 Fly Now Pay Later 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.
Trademark
“Fly Now Pay Later” is the marketing name for certain financial services activities of Fly Now Pay Later as operator of the Services. “Fly Now Pay Later” is a trademark of Fly Now Pay Later. Other featured words or symbols may be the trademarks of their respective owners.
Indemnification
You agree to indemnify, defend and hold Fly Now Pay Later and its Affiliates harmless from any liability, including reasonable attorneys’ fees, related to your use of the Services or any violation of these Terms of Service.
DISCLAIMER OF WARRANTY. FLY NOW PAY LATER AND ITS AFFILIATES MAKE NO COMMITMENTS OR WARRANTIES ABOUT (i) THE CONTENT, RELIABILITY, OR AVAILABILITY OF THE SERVICES OR FOR ANY BREACH OF SECURITY ASSOCIATED WITH THE TRANSMISSION OF SENSITIVE INFORMATION THROUGH THE SERVICES OR (ii) THE ACCURACY, RELIABILITY OR COMPLETENESS OF THE CONTENT ON THE WEBSITE, APP OR SERVICES. FLY NOW PAY LATER AND ITS AFFILIATES DISCLAIM, WITHOUT LIMITATION, ANY WARRANTY OF ANY KIND WITH RESPECT TO THE SERVICES, INCLUDING ANY WARRANTY REGARDING NON- INFRINGEMENT, MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSE. FLY NOW PAY LATER 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.
LIMITATION OF LIABILITY. FLY NOW PAY LATER 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, FLY NOW PAY LATER 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 FLY NOW PAY LATER AND ITS AFFILIATES 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 FLY NOW PAY LATER NOR ITS AFFILIATES SHALL HAVE ANY LIABILITY FOR ANY FAILURE OR DELAY RESULTING FROM ANY CONDITION BEYOND THE REASONABLE CONTROL OF SUCH PARTY.
Statute of Limitations
You and Fly Now Pay Later both agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Services, Terms of Service or Privacy Policy must be filed within ONE (1) YEAR after such claim or cause of action arose or be forever barred.
No Third-Party Beneficiaries
This Agreement is between you and Fly Now Pay Later. No user has any rights to force Fly Now Pay Later to enforce any rights it may have against you or any other user.
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 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.
Covered Borrowers under the Military Lending Act
Notwithstanding any other provision of this Agreement, Sections 5 (Mandatory Arbitration), 6.7 (Limitations of Liability), and 6.8 (Statute of Limitations), 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.
Fly Now Pay Later E-Sign Consent Agreement
ELECTRONIC DISCLOSURES
In connection with the Fly Now Pay Later Services, Fly Now Pay Later or Fly Now Pay Later and Cross River Bank, a New Jersey State Chartered Commercial Bank, Member FDIC, are required by law to provide you with certain disclosures in writing. Cross River Bank is referred to severally as a “Partner Bank” herein. Without your consent, Fly Now Pay Later or the Partner Bank are not permitted to provide those disclosures to you online.
“Disclosures” include, but are not limited to, (1) agreements and policies required to use the Fly Now Pay Later Services (e.g., these Fly Now Pay Later Terms, the Fly Now Pay Later Privacy Policy and each Partner Bank Privacy Policy, and loan agreements), (2) payment authorizations and transaction receipts or confirmations, and (3) account statements, billing statements, and account histories; and (4) any other disclosures required by law regarding your legal rights and obligations relating to the Fly Now Pay Later Services.
By providing your consent as set forth in Section 7 below (“Consent”), you agree to the following:
Fly Now Pay Later and/or the Partner Bank may provide all Disclosures electronically to the email address or mobile telephone number that you have provided to us, either directly or indirectly via the merchant to whom the Fly Now Pay Later or the Partner Bank will send funds on your behalf, or by making them accessible via our websites or applications.
Fly Now Pay Later and/or the Partner Bank may notify you via email or text message when the Disclosures are available and how to view them. The Disclosures will be available for at least 30 days and will be provided to you in a format that can either be printed or downloaded for your records.
Your electronic signature on agreements and documents has the same effect as if you signed them in ink.
Your Consent applies to any transaction undertaken through the Fly Now Pay Later Services in the past, to all future disclosures and communications on your account, to all future transactions in which you use the Fly Now Pay Later Services, at any time, to any transaction with us, and to other Disclosures that we provide to you by email.
Your Consent means that Disclosures Fly Now Pay Later and/or the Partner Bank provide to you electronically shall have the same meaning and effect as if provided in paper form, regardless of whether you actually view those Disclosures.
MINIMUM REQUIREMENTS
You understand that, in order to view and/or retain copies of the Disclosures, you will need the following:
A computer or mobile device with an Internet connection or mobile connectivity;
For website-based Disclosures accessed by computer, the computer must have a current operating system and web browser (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);
For Disclosures accessed by mobile application or mobile website, the mobile device must have a current operating system and web browser (iOS 11.4 or higher devices running Safari or Chrome; Android 5.0 or higher devices running Android Browser or Chrome), and the most current version of the Fly Now Pay Later App;
A current version of a program that accurately reads and displays PDF files (e.g., Adobe Acrobat Reader);
A valid email address, and, if you use a spam filter that blocks or re-routes emails from senders not listed in your address book, you must permit messages from the Fly Now Pay Later.com domain in your spam filter;
A working mobile telephone number that can receive text messages; and
Sufficient storage space to save Disclosures or the capability to print the Disclosures from the device on which you view them.
We will notify you if our hardware or software requirements change and whether that change creates a material risk that you would not be able to access or retain your electronic Disclosures. Continuing to use the Fly Now Pay Later Services after receiving notice of the change is the reaffirmation of your Consent.
WITHDRAWING CONSENT
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.flynowpaylater.com/us emailing support@flynowpaylater.com or writing to us at Fly Now Pay Later, Inc., 228 Park Ave S, 56453, New York, New York 10003-1502 . Any withdrawal of your Consent will be effective after a reasonable period of time for processing your request. The legal effectiveness, validity and/or enforceability of prior electronic Disclosures will not be affected. If you withdraw your Consent, Fly Now Pay Later may close or limit access to your account and the Fly Now Pay Later Services. You agree to pay any amount owed to Fly Now Pay Later and/or the Partner Bank even if you withdraw your Consent and we close or limit access to your account.
RIGHT TO RECEIVE PAPER COPIES
You agree that Fly Now Pay Later may modify or change the methods of disclosure described herein, and that Fly Now Pay Later and/or the Partner 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 Support at (844) 944-1642.
UPDATING YOUR INFORMATION
You agree that Fly Now Pay Later is not responsible for any delay or failure in your receipt of any Disclosure, text message or email notice that is not caused by Fly Now Pay Later’s failure to send such a Disclosure or notice to the phone number or email address you have provided to us. We will not assume liability for non-receipt of notification of availability of electronic Documents in the event your mobile number, email address or other contact information on file is invalid; your email or Internet service provider filters the notification as “spam” or “junk mail”; there is a malfunction in your computer, mobile device, browser, Internet service, mobile connectivity and/or software; or for other reasons beyond our control.
It is your responsibility to provide us with true, accurate and complete mobile number, e-mail address, contact, and other information related to the Fly Now Pay Later Services, and to maintain and update promptly any changes in this information. To update your information, contact Customer Support at (844) 944-1642.
YOUR CONSENT TO ELECTRONIC DISCLOSURES
Before using the Fly Now Pay Later Services, you will be asked for your agreement to the Fly Now Pay Later Terms of Service, including this Fly Now Pay Later E-Sign Consent Agreement, by clicking “Start Application.” This action constitutes your electronic signature and manifests your Consent and agreement to this Fly Now Pay Later E-Sign Consent Agreement.
If you do not provide your Consent, you may not use the Fly Now Pay Later Services and must discontinue your use of the Fly Now Pay Later Services immediately.
Last updated 14/12/2020
