LEGAL & PCI

United States

Splitit – Customer’s Terms and Conditions

  1. Buyer, whose name appears below (“Buyer”, “You”, or “Your”), undertakes in connection to the purchase of goods and/or services from Seller (“Purchase”), to pay the full amount of the total authorized purchase price as presented to You by Seller or via Seller’s interface (“Total Authorized Purchase Price”), in a single payment or if applicable to You then in the number of installment payments as set forth in the recurring installment payment authorization (“Authorization”) to Seller (“Seller”, “We” or “Us”) by authorizing Seller to charge Buyer’s credit card (“Card”), as applicable, in a single payment (“Single Payment”) or if applicable in equal monthly installments as set forth in the Authorization (each an “Installment”) for each month until paid in full. Buyer acknowledges and agrees that this Customer’s Terms and Conditions (this “Agreement”) govern the engagement between You and Seller with respect to the payment of the Purchase price using the services of Splitit USA, Inc. (“Splitit”), in accordance with the terms and conditions hereunder.
  2. Single Payment
    • If Buyer’s Payment Preference is a Single Payment, then Buyer hereby authorizes Seller to charge Buyer’s Card for the Total Authorized Purchase Price in connection with the Purchase in a Single Payment subject to the terms and conditions hereunder, and in accordance with the terms and conditions of Buyer’s Card.
    • Deferred Payments. To the extent applicable, Buyer acknowledges and agrees that Seller may allow an option of deferred payment for a Single Payment, if and as applicable, by the stated number of days stated at time of Purchase by Seller, which will defer the actual Purchase price by the aforementioned stated number of days. Buyer acknowledges and agrees that at the expiration of such deferral period the full Purchase amount should have been paid, if such amount has not been fully paid, then Buyer’s Card shall be charged the remaining Purchase amount, as applicable.
  3. Installment
    • If Buyer’s Payment Preference is Installment then Buyer hereby authorized Seller to hold an Authorization for the Total Authorized Purchase Price which will be adjusted each month, based on the terms of the Installment until the Purchase price is paid in full to Seller.
    • Deferred Payments. To the extent applicable, Buyer acknowledges and agrees that Seller may allow an option of deferred payments for Installment, if and as applicable, by the stated number of days stated at time of Purchase by Seller, which will defer the actual payment of each Installment by the aforementioned stated number of days. Buyer acknowledges and agrees that at the expiration of such deferral period the full Purchase amount should have been paid, if such amount has not been fully paid, then Buyer’s Card shall be charged the remaining Installment amount, as applicable.
    • To the extent applicable, Buyer agrees that any Installment amounts due under this Purchase that have been charged to Buyer’s Card and not paid when due and your statement balance is not paid in full when due, pursuant to Your agreement with Your Card issuer (“Issuer”), will be charged interest at the Annual Percentage Rate stated in Your Issuer’s Federal Truth-in-Lending Disclosure statement, or under other applicable law or regulation, until the Installments are fully paid..
    • In the event that Buyer’s Issuer fails to pay an Installment for any reason, or re-authorize any authorization of the outstanding balance, Seller, at its discretion, may charge Buyer’s Card at any time for the full outstanding amount due after a notice to the Buyer’s email and 7 days of recovery period.
  4. Authorization
    • Buyer agrees that Seller will obtain authorization on Buyer’s Card for the full amount of the Purchase at the time of sale, and if applicable in case of Installment, Seller will obtain authorizations on Buyer’s Card each month for the Installment and the entire remaining balance of the Purchase. Buyer understands that this authorization will remain in effect until Buyer pay all outstanding installments. Seller may, on its own discretion, decide to obtain authorization on the Buyer’s Card only for the monthly installment and not for the entire remaining balance.
    • Buyer agrees that in case of deferred payments Seller will obtain an authorization on the full amount of the Purchase and such authorization shall be adjusted monthly and/or in accordance with the deferral period, if applicable, to account for the terms of the Installment until all payments under the Installment have been fully paid.
    • Buyer acknowledges and agrees that Seller obtaining initial authorization for the Purchase, along with monthly authorization for each Installment and the outstanding balance, as applicable, may adversely impact Buyer’s available credit on Buyer’s Card. Due to technical reasons beyond Seller’s control, the pending authorizations may temporarily overlap on Buyer’s Card, further reducing the amount of available credit during that time period. Buyer hereby agrees to hold Seller harmless for any adverse consequences to Buyer as a result of such authorization.
    • In the case of an authorization being rejected for any reason, Buyer understands that Seller may, in its sole discretion, attempt to process the authorization again within seven (7) days.
    • In case of refusal of payment or authorization, or a chargeback by Buyer or Buyer’s issuer, Seller or Seller’s affiliates may pursue collection actions against Buyer for the remaining Purchase amount.
  5. Information Changes. Buyer agrees to notify Seller in writing via Buyer’s user account at support@splitit.com of any changes to Buyer’s Card, account information or termination of this authorization. We will update such information and process such requests within 30 days after our receipt of such request. Buyer understands that the Installment payments may be authorized and charged on the next business day. Buyer further understands that because these are electronic transactions, any authorizations and charges may be posted to Your account as soon as the Installment payment dates.
  6. Communications. In consideration for services provided by Splitit to Seller, Buyer hereby explicitly agrees that Splitit will have the right to communicate with and solicit Buyer via e-mail (or other means). This provision is operational for not less than five (5) years from the date of the initial authorization or as otherwise permitted under applicable law.
  7. Disclaimers. Buyer acknowledges and agrees that Splitit:
    • is not a party to this Agreement, which is solely between Buyer and Seller.
    • is not responsible for the delivery and quality of goods or services purchased in this transaction from Seller.
    • is not responsible for any damages caused to Buyer as a result of fulfillment of Buyer’s instructions or in connection with any failure to pay any Installment, if applicable, as a result of Buyer’s Card company declining such payment.
  8. Compliance with Laws. Buyer acknowledges that the origination of any authorized transactions to the Buyer’s account must comply with the provisions of U.S. law. Buyer certifies that Buyer is an authorized user of the Card utilized for this transaction and that the Installments if applicable, and will not dispute these transactions with Buyer’s Card company, so long as the authorizations correspond to the terms indicated in the authorization form.
  9. Limitation of Liability.
    • TO THE EXTENT PERMISSIBLE UNDER APPLICABLE LAW AND OTHER THAN IN CONNECTION DEATH, PERSONAL INJURY OR WITH SPLITIT’S WILLFUL MISCONDUCT OR FRAUD, IN NO EVENT WILL SPLITIT BE LIABLE TO BUYER FOR ANY LOSS OF USE; INTERRUPTION OF BUSINESS; OR ANY DIRECT, INDIRECT; SPECIAL; INCIDENTAL; OR CONSEQUENTIAL DAMAGES OF ANY KIND (INCLUDING LOST PROFITS) REGARDLESS OF THE FORM OF ACTION WHETHER IN CONTRACT; TORT (INCLUDING NEGLIGENCE); STRICT PRODUCT LIABILITY OR OTHERWISE; EVEN IF SPLITIT HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
    • SOME JURISDICTIONS DO NOT ALLOW THE DISCLAIMER OR EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OF CERTAIN LIABILITIES. TO THE EXTENT THAT THEY ARE HELD TO BE LEGALLY INVALID, DISCLAIMERS, EXCLUSIONS AND LIMITATIONS SET FORTH IN THIS AGREEMENT DO NOT APPLY, AND ALL OTHER TERMS SHALL REMAIN IN FULL FORCE AND EFFECT.
  10. Buyer agrees that if delivery of the goods or services is not made at the time of execution of this contract, the description of the goods or services and the due date of the first Installment may be inserted by Seller in Seller’s counterpart of the contract after it has been signed by Buyer.
  11. If any one or more of the terms of this Agreement shall for any reason be held to be invalid or unenforceable, such term shall be construed in a manner to enable it to be enforced to the extent compatible with applicable law. Any determination of the invalidity or unenforceability of any provision of this Agreement shall not affect the remaining provisions hereof unless the business purpose of the terms is substantially frustrated thereby.
  12. Privacy Policy. Buyer’s privacy is important to us. You may obtain a copy of Splitit’s Privacy Policy by visiting their website at support@splitit.com. As permitted by law, Seller and Splitit may share information about our transactions and experiences with Buyer with other affiliated companies and unaffiliated third parties, including consumer reporting agencies and other creditors. However, except as permitted by law, neither Seller nor Splitit may share information which was obtained from credit applications, consumer reports, and any third parties with companies affiliated with us if Buyer instructs us not to share this information. If Buyer does not want us to share this information, Buyer shall notify us in writing via Buyer’s user account at support@splitit.comusing the password Buyer was provided with for such notification and for accessing information on Splitit’s website or by email at: support@splitit.com. Buyer shall include Buyer’s name, address, account number and the last four digits of Buyer’s Card number used in this transaction so such request can be honored. Seller may report about Your account to consumer reporting agencies. Late payments, missed payments, or other defaults on Your Card account may be reflected by Your Issuer in Your credit report.
  13. Governing Law and Dispute Resolution. Any claim, dispute or controversy (“Claim”) arising from or connected with this Agreement, including the enforceability, validity or scope of this arbitration clause or this Agreement, shall be governed by this provision. Upon the election of Buyer or Seller by written notice to the other party, any Claim shall be resolved by arbitration before a single arbitrator, on an individual basis, without resort to any form of class action (“Class Action Waiver”), pursuant to this arbitration provision and the applicable rules of the American Arbitration Association (“AAA”) in effect at the time the Claim is filed. Any arbitration hearing shall take place within the State of New York, County of New York. At the written request of Buyer, any filing and administrative fees charged or assessed by the AAA which are required to be paid by Buyer and that are in excess of any filing fee Buyer would have been required to pay to file a Claim in state court in New York shall be advanced and paid for by Seller. The arbitrator may not award punitive or exemplary damages against any party. IF ANY PARTY COMMENCES ARBITRATION WITH RESPECT TO A CLAIM, NEITHER BUYER OR SELLER WILL HAVE THE RIGHT TO LITIGATE THAT CLAIM IN COURT OR HAVE A JURY TRIAL ON THAT CLAIM, OR TO ENGAGE IN PRE-ARBITRATION DISCOVERY, EXCEPT AS PROVIDED FOR IN THE APPLICABLE ARBITRATION RULES. FURTHER, BUYER WILL NOT HAVE THE RIGHT TO PARTICIPATE AS A REPRESENTATIVE OR MEMBER OF ANY CLASS OF CLAIMANTS PERTAINING TO THAT CLAIM, AND BUYER WILL HAVE ONLY THOSE RIGHTS THAT ARE AVAILABLE IN AN INDIVIDUAL ARBITRATION. THE ARBITRATOR’S DECISION WILL BE FINAL AND BINDING ON ALL PARTIES, EXCEPT AS PROVIDED IN THE FEDERAL ARBITRATION ACT (the “FAA”). This Arbitration Provision shall be governed by the FAA, and, if and where applicable, the internal laws of the State of New York. If any portion of this Arbitration provision is deemed invalid or unenforceable, it shall not invalidate the remaining portions of this Arbitration provision or the Agreement, provided however, if the Class Action Waiver is deemed invalid or unenforceable, then this entire Arbitration provision shall be null and void and of no force or effect, but the remaining terms of this Agreement shall remain in full force and effect. Any appropriate court having jurisdiction may enter judgment on any award.
  14. Third Party Beneficiary. Except for any rights and/or interests granted to Splitit in accordance with this Agreement, this Agreement is not intended to and shall not be construed to give any other third party any interest or rights (including, without limitation, any third party beneficiary rights) with respect to or in connection with any agreement or provision contained hereunder or contemplated hereby, and except as otherwise expressly provided for in this Agreement.

 

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