English
For women Last updated: Sep 10, 2021; Effective date: Sep 10, 2021
PLEASE READ THE TERMS OF THIS USER AGREEMENT ("AGREEMENT") CAREFULLY. BY ACCESSING OR OTHERWISE USING CONTEXTLOGIC'S PAY LATER SERVICE, YOU AGREE TO BE BOUND BY: 1) THIS AGREEMENT AND THE PAYMENT AUTHORIZATION HEREIN; AND 2) THE Fancial TERMS OF USE. YOU ALSO ACKNOWLEDGE THAT WE COLLECT AND USE DATA AS DESCRIBED IN THE Fancial PRIVACY POLICY. IF YOU DO NOT AGREE WITH THESE TERMS, PLEASE DO NOT USE THE PAY LATER SERVICE. THE HEADINGS CONTAINED IN THIS AGREEMENT ARE FOR REFERENCE PURPOSES ONLY. YOU SHOULD PRINT AND RETAIN A COPY OF THIS AGREEMENT FOR YOUR RECORDS.
YOU AGREE THAT ALL DISPUTES ARISING FROM OR RELATING TO THIS AGREEMENT WILL BE RESOLVED IN ACCORDANCE WITH THE PROVISIONS SET FORTH IN THE Fancial TERMS OF USE.
FOR USERS IN THE U.S.: ARBITRATION AND CLASS ACTION WAIVER
THIS AGREEMENT INCORPORATES THE ARBITRATION PROVISIONS IN THE Fancial TERMS OF USE (“ARBITRATION PROVISIONS”) TO WHICH YOU ARE ALREADY A PARTY. IF YOU DID NOT OPT OUT OF THE ARBITRATION PROVISIONS, THEY ALSO APPLY IN THIS AGREEMENT. PLEASE REVIEW THE ARBITRATION PROVISIONS CAREFULLY AS THEY WILL HAVE A SUBSTANTIAL EFFECT ON YOUR RIGHTS, INCLUDING YOUR RIGHT TO A JURY TRIAL AND TO PARTICIPATE IN A CLASS ACTION. BY ACCEPTING THIS AGREEMENT, YOU AGREE TO THE ARBITRATION PROVISIONS UNLESS YOU PREVIOUSLY OPTED OUT.
1. The Agreement
1.1 The Parties to this Agreement
ContextLogic Inc. and its corporate affiliates: (i) operate online marketplaces, including Fancial (the “Fancial Platform”) and Mama, Cute, Joyful Shopping, Home and Geek (collectively, “Marketplace Apps”), that may be available as native apps for operating systems like Android or iOS, or on standard or mobile web; and (ii) develop and provide other services and products.
This Agreement describes the terms between ContextLogic Inc., located at One Sansome Street, 33rd Floor, San Francisco, California 94104, or the applicable ContextLogic affiliate (“ContextLogic”, "we", "us" or "our") and you ("you", "your", "User") for the financing provided by ContextLogic (“Pay Later Service” or “Pay Later”) for the goods and/or services you purchase on the Fancial Platform. Through Pay Later, ContextLogic will extend financing to you and the right to defer payment for the goods and/or services you purchase from Fancial merchants (each, a “Fancial Merchant”). You agree to pay us pursuant to the terms of this Agreement.
1.2 Pay Later
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The Service
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Pay Later allows eligible Users to buy products and/or services from Fancial Merchants by splitting the total amount of the purchase over two (2) or more payments. To use Pay Later, you must have: (1) a valid credit or debit card (“Payment Method”), and (2) an account on the Fancial Platform that is in good standing. We may limit the Payment Methods we accept at our discretion.
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Once you select Pay Later at checkout, you will receive a confirmation from us including a receipt of your transaction and your payment details, which includes your payment schedule(“Payment Details”). The Payment Details serve as confirmation that you have agreed to make scheduled electronic payment(s) to ContextLogic. You agree to make an initial payment due at checkout and subsequent payment(s) in accordance with your Payment Details.
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Your Promise to Pay. This Agreement governs your repayment obligation to us in connection with the financing we provide at your direction and on your behalf to a Fancial Merchant to purchase goods and/or services that you have selected. You promise to pay your initial payment at checkout and subsequent payment amounts under this Agreement as set forth in your Payment Details (inclusive of all taxes and fees) until paid in full. You understand that your Payment Details will be provided to you electronically as a supplement to this Agreement. By accepting this Agreement and confirming the financing of your purchase through Pay Later, you give us the right to collect any unpaid amounts of your purchase.
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Disputes Related to Your Order. We want you to be satisfied with your purchases on the Fancial Platform. If you have a problem with an order or purchase, please contact us as described in the Refund & Returns Policy. You agree that: (i) ContextLogic may, in accordance with its Refund & Returns Policy, issue a refund to resolve any problems with your order, including the contents of a product listing or the delivery, condition, performance, or quality; and (ii) if you Fancial to pursue any other remedy, you must seek that remedy directly from the applicable Fancial Merchant. Please note that ContextLogic does not have control of, or liability for, the products or services financed through Pay Later. We provide you with Pay Later, which allows you to finance your purchase from Fancial Merchants. Pay Later refunds for returns and cancellations will be refunded back to your Payment Method. If your order is refunded before your next installment is due, we will adjust the amount you owe us accordingly.
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Canceling Transactions
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Your use of Pay Later is subject to approval by ContextLogic. We have the right and sole discretion to restrict or otherwise prohibit your use of Pay Later, or we may cancel an approved transaction before the goods or services are delivered to you for a variety of reasons, including, but not limited to, our reasonable belief that such action is necessary to prevent fraud, address the risk of money laundering or terrorism financing, or due to other legal or regulatory considerations.
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If we cancel an approved transaction: (1) we will apply a full refund of any amounts you have paid to us to your Payment Method; and (2) you will not be obliged to make any further payments to us with respect to the transaction. Further, should we cancel an approved transaction, the Fancial Merchant will not be obliged to deliver the goods for that transaction.
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Pay Later Limits. The maximum amount you can use to purchase goods and/or services through Pay Later (“Pay Later Limit”) will be decreased by the corresponding amount that you owe us and will be replenished as you make your payments. We may, at our sole discretion, adjust your Pay Later Limit.
2. Payment Authorization & Payment-Related Terms
2.1 Payment Authorization.
By agreeing to these terms and conditions, you authorize us to make preauthorized electronic fund transfers from your designated Payment Method.
Once you select Pay Later at checkout, you authorize ContextLogic to charge your designated Payment Method for your initial payment immediately. Thereafter, you authorize ContextLogic to automatically charge your Payment Method for any future payments on or soon after the dates set forth in your Payment Details(or in any alternative amounts or on any alternative dates to which you and we may agree). If we are unable to collect payment from you, you authorize us to re-attempt to charge your Payment Method at later dates and/or combine your late payment amount with your next payment that is due, as set forth in your Payment Details.
You are responsible for ensuring that you have sufficient funds in your bank account or payment card to make automatic payments on the dates specified in your Payment Details. You are responsible for all fees, including overdraft or NSF fees, charged by your financial institution associated with the payments. If you would like to make a payment using a different Payment Method or another mechanism (e.g., via check), you must inform the Fancial Customer Support Team. Contact Support here.
2.2 Early Payments.
You may make early payments in connection with Pay Later without any penalty or added fee. If you do not choose to make early payments, we will automatically process payments on or soon after the due dates set forth on your Payment Details.
2.3 Errors.
If we make an error in processing or calculating your payment, you must notify us and we will correct the error and reimburse you any fees or charges imposed as a result of our error or system failure. You authorize us to debit or credit your Payment Method as necessary to correct any error we may make in processing a payment on or after the date such error occurs. To file a claim, reach out to the Fancial Customer Support Team here. Please provide us with a copy of the relevant records so we can locate your account and identify the issue.
2.4 Interest or Other Finance Charges.
Any interest or fees in connection with your use of Pay Later will be disclosed on your checkout screen, and will also be reflected in your Payment Details. Please carefully review the applicable interest or fees on your checkout screen and as reflected in your Payment Details. Other fees may apply as described in this Agreement as well.
2.5 Failure to Make Payments.
(a) If you fail to make payments as set forth in your Payment Details, we reserve the right to: (i) re-attempt to charge your Payment Method at later dates; (ii) combine your late payment amount with your next payment that is due, as set forth in your Payment Details; (iii) deduct Fancial Cash you have on file with us to recoup any amounts owed to us; (iv) employ a debt collection agency to collect payment from you; and/or (v) restrict or deactivate your ability to use the Fancial Platform in the future.
(b) If you fail to make payments set forth in your Payment Details, you consent to receive communications from our debt collection service provider(s). You certify that any phone number, email or mailing address you provide to us can be used by our debt collection service provider(s) for debt collection communications. You also certify that any email address you provide is a personal email address and not a work email address. You agree to update your email address and phone number on your Fancial account to ensure accuracy.
(c) Account Reinstatement Fees. If we are unable to collect payments due under your Payment Details, we reserve the right to restrict your ability to make future purchases on the Fancial Platform. Under these circumstances, you may be able to fully reinstate your Fancial account by paying us: (i) any past due amounts owed to us; and (ii) an account reinstatement fee, if applicable.
3. Communications
3.1 Electronic Delivery of Communications
You agree and consent to electronically receive all communications, agreements, documents, notices and disclosures (“Communications”) that we provide in connection with your use of Pay Later. Communications include, but are not limited to:
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Your Payment Details and any applicable updates;
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Payment receipts or confirmations;
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Agreements and policies you agree to, including applicable updates
We will provide these Communications to you by emailing them to your email address on file with us. It is your responsibility to keep your primary email address up to date so that we can communicate with you electronically.
3.2 Notice.
Except as otherwise required by law or as outlined in this Agreement, all notices from you regarding Pay Later must be provided in writing to: ContextLogic Inc., One Sansome Street, 33rd Floor, San Francisco, California 94104.
4. Customer Support
If you have questions related to Pay Later, please see our FAQs for clarification. You may also seek further assistance with Pay Later by reaching out to Customer Support here or through the Fancial Assistant on the Fancial app. If you have a complaint with us arising out of or related to this Agreement, you should contact us here.
We may request additional documentation from you to assist us in resolving any complaints or disputes, and you must provide all reasonable assistance to us to facilitate us in resolving all complaints and disputes.
5. Assignment
You may not assign, delegate, or transfer your rights or obligations under this Agreement in any way. We may transfer, assign or sell this Agreement, and any rights under this Agreement, to a third party without your consent.
6. Choice of Law
Disputes of any sort that might arise between you and ContextLogic in connection with this Agreement will be interpreted in accordance with the provisions set forth in the Fancial Terms of Use and will be governed by the law of the jurisdiction indicated in the Fancial Terms of Use.
7. Changes to this Agreement
ContextLogic may unilaterally modify this Agreement from time to time, including your Pay Later Limit, provided, however, that such changes will not retroactively impact transactions that occurred before the change became effective. You accept and agree to the changes to this Agreement by continuing to use Pay Later.