Fly Now Pay Later Services Terms
These terms apply between Pay Later Financial Services Inc. (“Fly Now PayLater”) 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:
- Mandatory Arbitration of Disputes
- Electronic Communication Agreement
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.
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.
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.
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
You authorize Fly Now Pay Later to obtain consumer reports and other information about you from consumer reporting agencies when you elect to view payment options offered by Fly Now Pay Later for a contemplated purchase where financing options are available. You agree that we may use such consumer reports and other information to determine your eligibility for this and other payment options, and for the maintenance and collection of your account with us.
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
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.
Improvement of the Services
We constantly work to improve our Services in order for you to get a frictionless user experience. This may require changes to these terms. In this case, you will be asked to accept the new terms before you can continue to use the Services.
Privacy and your personal data
Cookies and similar tracking technologies
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.
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 Electronic Communication Agreement below.
Authorization to charge payment method
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.
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 saleon 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 ormarketing messages contained in the third party websites linked to the FlyNow 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.
In connection with your use of the Fly Now Pay Later Services, you agree not to do any of the following:
- 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.
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.
THE FLY NOW PAY LATER SERVICES ARE PROVIDED “AS IS” AND FLY NOW PAY LATER AND ITS AFFILIATES MAKE NO REPRESENTATIONS, WARRANTIESOR 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, ANDTHE 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 OFOR 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 GOODSAND 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.
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.
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.
Governing law, venue
You agree that the laws of the State of Delaware, without regard to principles of conflict of laws, will govern these Terms and any claim or dispute that has arisen or may arise between you and Fly Now Pay Later, except as otherwise stated in these Terms. Subject to the Arbitration Provision, you may also litigate any dispute in small claims court with jurisdiction over that dispute, if the dispute meets all requirements to be heard in the small claims court. You may litigate in small claims court whether or not you negotiated with Fly Now Pay Later informally first.
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.
For complaints, the information provided on www.flynowpaylater.com/us applies. If you have a complaint towards Fly Now Pay Later, you can submit your complaint through the contact form on Fly Now Pay Later’s website (www.flynowpaylater.com/us) or via postal mail with the keyword “Complaint” to Fly Now Pay Later’s address.
Important Information for South Dakota Consumers
Any improprieties by Fly Now Pay Later regarding its product offerings, or related practices may be referred to the South Dakota Division of Banking at: South Dakota Division of Banking, 605.773.3421, 1601 N. Harrison Avenue, Suite 1, Pierre, SD 57501. Fax: 866.326.7504, email@example.com.
Important Information for Washington Consumers
Fraudulent transactions may result in the loss of your money with no recourse.
Mandatory Arbitration of Disputes
You and Fly Now Pay Later each agree that any and all disputes or claims arising out of or relating to these Terms or the relationship between you and Fly Now Pay Later, including without limitation federal and state regulatory and statutory claims, common law claims, and those based in contract, tort, fraud, misrepresentation or any other legal theory, shall be resolved exclusively through final and binding arbitration, as set forth in this (“Arbitration Provision”), rather than in court, except that you may assert claims in small claims court, if your claims qualify. This Arbitration Provision and any dispute or arbitration hereunder will be governed by the Federal Arbitration Act and the laws of the State of Delaware, without regard to principles of conflict of law, including any applicable statutes of limitations. The arbitrator’s award shall be final and binding, and judgment on the award rendered by the arbitrator may be entered in any court having jurisdiction thereof. Any arbitration shall be confidential, and neither you nor we may disclose the existence, content or results of any arbitration, except as may be required by law or for purposes of enforcement of the arbitration award.
NOT WITHSTANDING THE FOREGOING, YOU MAY CHOOSE TO PURSUE YOURCLAIM IN COURT AND NOT BY ARBITRATION IF YOU OPT OUT OF THIS ARBITRATION PROVISION WITHIN 30 DAYS FROM THE DATE YOU FIRST USETHE FLY NOW PAY LATER SERVICES OR OTHERWISE ACCEPT THE TERMS AFTER THE TERMS HAVE GONE INTO EFFECT (THE “OPT OUT DEADLINE”).YOU MAY OPT OUT OF THIS ARBITRATION PROVISION BY FULLY COMPLETING, SIGNING AND DATING THE ARBITRATION OPT-OUT NOTICE FORM LOCATED AT[insert arbitration notice URL here] AND MAILING IT TO FLY NOW PAY LATER VIA FIRST-CLASS MAIL AT THE FOLLOWING ADDRESS: Fly Now Pay Later, 228 Park Ave S, PMB 56453, New York, New York 10003-1502 US. ANY ARBITRATION OPT-OUT NOTICE RECEIVED AFTER THE OPT-OUT DEADLINE WILL NOT BE VALID AND YOU MUST PURSUE YOUR CLAIM IN ARBITRATION OR SMALL CLAIMS COURT.
Prohibition of class and representative actions and non-individualized relief
YOU AND FLY NOW PAY LATER AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY ON AN INDIVIDUAL BASIS AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS, CONSOLIDATED OR REPRESENTATIVE ACTION OR PROCEEDING. UNLESS BOTH YOU AND FLY NOW PAY LATER AGREE OTHERWISE, THE ARBITRATOR MAY NOT CONSOLIDATE OR JOIN MORE THAN ONE PERSON’S OR PARTY’S CLAIMS AND MAY NOT OTHERWISE PRESIDE OVER ANY FORM OF A CONSOLIDATED, REPRESENTATIVE, OR CLASS PROCEEDING. THE ARBITRATOR MAY AWARD RELIEF (INCLUDING MONETARY, INJUNCTIVE, AND DECLARATORY RELIEF) ONLY IN FAVOR OF THE INDIVIDUAL PARTY SEEKING RELIEF AND ONLY TO THE EXTENT NECESSARY TO PROVIDE RELIEF NECESSITATED BY THAT PARTY’S INDIVIDUAL CLAMS). ANY RELIEF AWARDED CANNOT AFFECT OTHER FLY NOW PAY LATER USERS.
Arbitration is more informal than a lawsuit in court. Arbitration uses a neutral arbitrator instead of a judge or jury, discovery is more limited, and court review of an arbitration award is very limited. However, an arbitrator can award the same damages and relief on an individual basis that a court can award to an individual, including monetary damages, and injunctive or declaratory relief. An arbitrator also must follow the Terms as a court would. The arbitration will be conducted by the American Arbitration Association (“AAA”) under its rules and procedures, including the AAA’s Consumer Arbitration Rules (as applicable), as modified by this Arbitration Provision. The AAA’s rules are available at www.adr.org. A form for initiating arbitration proceedings is available on the AAA’s website at http://www.adr.org. The arbitration shall be held in a reasonably convenient location in the state in which you reside or at another mutually agreed location. Attendance at an in-person hearing may be made by telephone by you and/or Fly Now Pay Later, unless the arbitrator requires otherwise. If the value of the relief sought is $10,000 or less, either you or Fly Now Pay Later may elect to have the arbitration conducted based solely on written submissions pursuant to the AAA’s Procedures for the Resolution of Disputes through Document Submission, which election shall be binding on you and Fly Now Pay Later subject to the arbitrator’s discretion to require an in-person hearing, if the circumstances warrant.
Costs of arbitration
Payment of all filing, administration, and arbitrator fees will be governed by the AAA’s rules, unless otherwise stated in this Arbitration Provision. If the value of the relief you are seeking is $10,000 or less, Fly Now Pay Later will pay or reimburse your filing, administration, and arbitrator fees associated with the arbitration. Any request for payment of fees by Fly Now Pay Later should be submitted by mail to the AAA along with your Demand for Arbitration and Fly Now Pay Later will make arrangements to pay all necessary fees directly to the AAA. In the event the arbitrator determines the claim(s) you assert in the arbitration to be frivolous, you agree to reimburse Fly Now Pay Later for all fees associated with the arbitration that Fly Now Pay Later paid on your behalf that you otherwise would be obligated to pay under the AAA’s rules.
IF FOR ANY REASON A DISPUTE OR CLAIM ARISING OUT OF OR RELATING TO THESE TERMS OR THE RELATIONSHIP BETWEEN YOU AND FLY NOW PAYLATER PROCEEDS IN COURT RATHER THAN IN ARBITRATION, YOU AND FLY NOW PAY LATER EACH WAIVE ANY RIGHT TO A JURY TRIAL TO THE FULL EXTENT PERMITTED BY APPLICABLE LAW.
Future changes to this arbitration provision
Not withstanding any provision in these Terms to the contrary, you and Fly Now Pay Later agree that if we make any change to this Arbitration Provision (other than a change to any notice address or website link provided herein) in the future, that change shall not apply to any claim that was filed in a legal proceeding against Fly Now Pay Later prior to the effective date of the change.
Electronic Communication Agreement
By using Fly Now Pay Later Services, you consent and agree that:
- Pay Later Financial Services Inc., or any Loan Holder can provide all communications, payment information, terms, disclosures required by law and other information (collectively, “Communications”) to you electronically, including via any Fly Now Pay Later site, app, or the email address(es) that you provided to us.
- You are providing your consent to receive electronic communications pursuant to the Electronic Signatures in Global and National Commerce Act and our intent is that the statute applies to the fullest extent possible.
- You will access and retain any Communication received from us.
- This consent applies to this transaction, and to all future Communications from Fly Now Pay Later or any Loan Holder unless you have withdrawn your consent by the procedure outlined below in “Withdrawing Consent”.
- You may request paper copies of any legal disclosures by writing to us at “Fly Now Pay Later, 228 Park Ave S, PMB 56453, New York, New York 10003-1502 US.” A fee of $5USD will apply for each paper copy request.
You understand and acknowledge that, in order to access and retain Communications, you will need the following:
- A computer or a mobile device with an internet connection.
- A current web browser that includes 128-bit encryption with cookies enabled.
- A valid email address.
- Sufficient storage space to save past Communications or a means to print them.
If you’d like to withdraw your consent to receive Communications electronically, you may contact us in writing at “Fly Now Pay Later, 228 Park Ave S, PMB 56453, New York, New York 10003-1502 US”. If your consent is withdrawn Fly Now Pay Later may prohibit you from using the Fly Now Pay Later Services.
Requesting paper copies
You may also request paper copies of any specific Communication within 180 days of the date of the Communication without withdrawing your electronic communications consent given in this Agreement. To request a paper copy, please contact us in writing at “Fly Now Pay Later, 228 Park Ave S, PMB 56453, New York, New York 10003-1502 US.” A fee of $5USD will apply for each paper copy request.
Updating your contact information
It is your responsibility to ensure that Fly Now Pay Later have your current email address, so that we can communicate with you electronically. If you need to update your primary email address, please contact us to make the change. If we send you an electronic Communication that you don’t receive due to an outdated email address, we will maintain the position that the Communication was provided to you.
Last updated 17th September 2020.