Payment Agreement for Take 5 Payment Plan (Canada)

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Payment Agreement for Take 5 Payment Plan (Canada)


Last Updated: January 2020

HOW IT WORKS:

The Scratchpay Take 5 Payment Plan (“Plan”) allows you to pay for the goods or services you purchase from authorized clinics, merchants and other providers (“Providers”) with a series of payments over time. We pay the Provider on your behalf for the goods or services you purchase, and you agree to repay those amounts to Scratchpay in accordance with this Agreement and the specific terms presented to you at the time of purchase. You may not use or permit your Plan to be used for any unlawful purposes.

  • Use your own valid debit or credit card to pay (no prepaid cards).
  • The first payment is charged when you sign up for your Plan.
  • There are no interest charges with the Plan, and no fees when you follow your automatic payment schedule.
  • If you do not use all of the funds associated with your Plan, we will reduce the amount you owe us. If you have paid us for more than the total amount of the goods or services related to your Plan, we will refund the balance back to your original payment method. If goods or services you have purchased using the Plan are not provided within 7 days of purchase, we will promptly refund any amounts that you have paid to your original payment method.
  • The issuer of your card may charge interest or fees under your agreement with them. If you have any questions about those charges contact your card issuer.

You may not use or permit your Plan to be used to make any illegal transaction.

KEY TERMS:

  • Annual Interest Rate: 0%
  • Annual Percentage Rate: 0%
  • Principal Amount: Approved amount for your Take 5 application
  • Term: 8 weeks, 1/5th of Principal Amount due upon application approval, with four more payments of 1/5th each coming due every 2 weeks thereafter
  • Returned Payment/Dishonored Check Fee: $25.00 per instance, not to exceed 25% of Principal Amount

COMPLETE TERMS:

The following Payment Agreement Terms (the “Terms”) apply between Scratch Financial, Inc. (“Scratchpay,” “we,” or “us”) and the user of the Plan (“you”). If you do not agree to the Terms, you must not use the Plan. The Terms are a contract between you and Scratchpay.

Description of the Plan:

The Plan gives you the option to pay for your purchase with a credit or debit card in five payments. You will make your payments directly to Scratchpay using your card. Scratchpay does not charge you any interest to use the Plan, but the issuer of your card may charge interest or other fees under the terms of your card agreement.

When you sign up for a Plan, the total amount of the payments under the Plan (the “Plan Amount”) is based on the estimated amount of your purchase. The final amount of your Payment Plan is the amount reported by your Provider to Scratchpay after the goods have been delivered or the services have been rendered.

We will charge your card for the first payment (1/5th of the Plan Amount) at the time you sign up for the Plan, and we will automatically charge your card for the next 4 payments every 14 days after that, according to your scheduled Due Dates (see the “Due Dates” section below). We will collect the first payment, to the extent required by law, as the Provider’s limited collection agent.

If, after your first payment is charged, the Provider determines that the actual amount of your purchase is less than the initial Plan Amount, your first payment will remain the same, but we will reduce your next 4 payments equally. For example, if your initial Plan Amount is $1,000, we will charge $200 to your card at the time you sign up for the Plan and 4 payments of $200 each every 14 days after that. If the Provider subsequently determines that the actual amount of your purchase is only $500, your first payment of $200 will remain, but we will reduce your next 4 payments to $75 each.

If the actual amount of your purchase is less than the amount of your first payment, we will refund you the difference. The actual amount of your purchase will never be more than the estimated amount, so your subsequent payments will never be greater than the estimated payments. If goods or services you have purchased using the Plan are not provided within 7 days of purchase, we will promptly refund any amounts that you have paid to your original payment method.

Accepted Cards:

We may limit the types of cards we accept at our discretion. Most valid credit and debit cards that are scheduled to expire after the remaining repayment period are accepted. If a type of card is not accepted you will be notified before the purchase is completed. We do not accept prepaid cards.

Due Date:

Your first payment will be charged when you sign up for the Plan. The next 4 payments will be automatically charged to your card every 14 days after the first payment is charged. Such scheduled due dates for payments (“Due Dates”) are disclosed in Pacific Time. You can make payments any time before the scheduled Due Date.

If you have more than one Plan, each Plan will have its own Due Dates.

Late Payment:

If we are unable to charge your selected payment method for the amount due on your Due Date, we will provide you a courtesy 10-day grace period so that you can ensure enough funds are available on your selected payment method or, to the extent permitted by us, update your payment method. If you update your payment method, we will attempt to collect the late payment immediately. Otherwise, we will attempt to charge your original card again after the 10-day grace period. It is important you ensure enough funds are available to complete your payment on the Due Date.

If you fail to make a payment by the end of the courtesy 10-day grace period, you will be in default (assuming your Due Date has not been extended as described below). We may continue to attempt to collect overdue and currently due payments on subsequent Due Dates, or invoice you separately for the unpaid total.

Returned Payment Fees:

We do not charge you a fee for being late on your payments. However, if your payment is returned for reasons of insufficient funds or otherwise refused to be honored by your financial institutions, we will charge you $25.00 per instance, not to exceed 25% of your purchase amount.

Extending Due Date:

If you think you will need more time to update your payment method before your next Due Date (including the courtesy 10-day grace period), you have the option to extend the Due Date by an additional 2 weeks. You can do this by emailing your request to [email protected] before your courtesy grace period expires. If you choose to extend a Due Date, you will be charged a non-refundable $5 fee (an “Extension Fee”), which will be added to the amount due on the extended Due Date. When you extend a Due Date, any subsequent Due Date will also be extended by 2 weeks. You may extend a Due Date only once with respect to a payment, and may only use this option twice for any Plan. The ability to extend your Due Date is offered at our discretion, and may not always be available. Extending a Due Date does not affect or limit your obligations, including your obligation to make the scheduled payments, under these Terms.

Returns:

Any returns or refunds credited to your purchase will reduce your outstanding balance, but do not count as payments. You will need to continue to make your previously disclosed payments on scheduled Due Dates until your balance is paid in full. If you have a credit balance, you authorize us to credit the balance back to (a) your payment method, or any other card we have on file for you; (b) by check to your mailing address on file; or (c) by direct deposit to any of your bank accounts on file or stated on any check you presented to us for payment.

Default:

You will be in default if: (a) you fail to make any payment by the Due Date (including your courtesy 10-day grace period); (b) you become the subject of insolvency or bankruptcy proceedings; (c) you supply false, misleading, or incorrect information to us; (d) a payment is charged back or returned to us by your bank; or (e) you violate or are unwilling to comply with any provision of the Terms.

If you are in default, Scratchpay may: (a) charge the outstanding balance on your Plan immediately, using any card or payment method we have on file for you or by a separate invoice; (b) employ a debt collection agency to receive payment and you will have to pay all reasonable costs (including attorney’s fees) incurred by Scratchpay and/or the debt collection agency; (c) report default information to credit bureaus; and (d) terminate your access to a Plan in the future.

Storing Card Details:

You authorize Scratchpay to store your card details in our systems. We will use this information to authorize future payments under these Terms. You may not cancel or obtain a refund for any payments made under your Plan once the goods or services associated with the Plan have been supplied by the Provider. In the event Scratchpay obtains updated card information from the card issuer, you agree that we may use this updated information in our system. You may cancel your authorization by contacting us at [email protected] and providing alternative card information, provided that the new card has adequate balance for future payments. Any changes to these Terms will be posted on our website at http://www.scratchpay.com/legal.

Debit Card Transactions:

If you use a debit card, you authorize Scratchpay to initiate preauthorized transfers from the related account. The amount of each transfer is disclosed at the time you sign up for your Plan. You agree we may initiate transactions in the amounts listed, or less, in the event that part of your purchase is returned or the final amount of the transaction is less than the initial amount of the Plan. Your final payment schedule will be emailed to you. If you would like to cancel preauthorized transfers from your account you may change your payment card or contact your financial institution. You agree these Terms will serve as your copy of your authorization for Scratchpay to initiate preauthorized transfers. We will provide notice within 2 days after each payment confirming that you have paid the amount listed in your payment schedule (or less, in the event part of the purchase is returned or the final amount of the transaction is less than the initial amount of the Plan).

Privacy:

We collect, use and disclose your personal information for the purposes of: (a) verifying your identity; (b) evaluating your application; (c) obtaining a credit information report or other information about you to verify your current and ongoing creditworthiness; (d) meeting our legal, regulatory, security, and process requirements; (e) authorizing and processing your transactions, including administering and servicing your payment agreement and processing pre-authorized debits and other payments; (f) detecting and preventing fraud; (g) enforcing your payment agreement and collecting outstanding debts; (h) maintaining our records, including as may be required in the event of a sale all or part of our business; (i) sending you information on products and services that may be of interest to you; and (j) and otherwise with your consent, as described in our Privacy Policy, or as permitted or required by law. Personal information we collect, use and disclose for these purposes includes: name and contact information; bank account information; credit history and financial and identity information; income information; information relating to your ongoing interactions with us; Social Insurance Number, date of birth, and other personal identifiers (if you choose to provide them to us); and other information with your consent or as permitted or required by law. Social Insurance Numbers, birth dates or other identifiers, if collected, may be used to verify your identity, including matching credit reports. You authorize us and anyone acting for us (including our affiliates) to disclose your personal information to and collect your personal information from affiliates, credit bureaus and reporting agencies, your employer, and businesses and financial institutions with whom you have had or may have a financial relationship for the purposes described above. We may share this information with our affiliates and third-party collection agencies engaged to assist in the collection of debts or to agencies that acquire debts. We may share your information with service providers who are acting on our behalf to process or store your personal information. If you have provided personal information relating to a third party, you represent that you have obtained consent from that individual to provide his/her personal information to us. As our operations are conducted in the United States of America and certain of our service providers may have operations outside of Canada, your information will be sent outside of Canada for processing or storage, and there is a possibility that it may be accessed by the courts, law enforcement and national security authorities of the jurisdiction where it is sent. For more information, or if you have any questions, including with respect to our use of service providers located outside of Canada, you may contact our us at [email protected] or Scratch Financial, Inc. 225 S. Lake Ave. Suite 250, Pasadena, CA 91101, or visit our website at www.scratchpay.com for a copy of our Privacy Policy.

You understand and agree that Scratchpay may, without further notice or warning and in our discretion, monitor or record telephone conversations with you or anyone acting on your behalf has with Scratchpay or its service provider or agents for quality control and training purposes or its protection. You acknowledge and understand that, while your communications with Scratchpay may be overheard, monitored, or recorded without further notice or warning, not all telephone lines or calls may be recorded by Scratchpay, and Scratchpay does not guarantee that recordings of any particular telephone calls will be retained or retrievable.

No Liability in the Transaction:

Scratchpay is not engaged in the sale of any goods or services supplied by any Provider. Scratchpay does not have control of, or liability for such products or services.

Indemnification:

You agree to defend, indemnify and hold Scratchpay, our parent, affiliates and the officers, directors, agents, joint venturers, employees and suppliers of Scratchpay harmless from any claim or demand (including attorneys’ fees) made or incurred by any third party due to or arising out of your breach of this Agreement, your improper use of the Scratchpay services, and/or your violation of any law or the rights of a third party.

No Guarantee of Approval:

We evaluate each request to participate in a Plan independently. Your participation in a Plan does not guarantee future Plan participation.

Assignment:

You may not transfer or assign any rights or obligations you have under this Agreement without Scratchpay’s prior written consent. Scratchpay reserves the right to transfer or assign this Agreement or any right or obligation under this Agreement at any time.

Complaints:

If you have a complaint relating to your Plan, you may contact us via email at [email protected] or by regular mail at Scratch Financial Inc., 225 S. Lake Avenue, Suite 250, Pasadena, CA 91101, Attn: Take 5. If you have a complaint relating to the delivery or quality of the goods or services you purchased, please contact the Provider.

No Waiver:

Our failure to act with respect to a breach by you or others does not waive our right to act with respect to subsequent or similar breaches.

Governing Law:

The place of these Terms is deemed to be the address where you reside. These Terms shall be governed by and constructed in accordance with the laws of the province or territory where you reside and the laws of Canada in effect in that province or territory. For litigation arising from these Terms, you and we submit to the jurisdiction of the courts of such province or territory and any other court having jurisdiction solely to enforce a judgment of a court of such province or territory.