Users agree to be bound by the following terms and conditions (the “Terms”) while using the “Payday Advance: Borrow Money” mobile application (the “App”).
Please read these Terms carefully. Should you disagree with any of these Terms, you are no longer permitted to use the app and should close it immediately.
The loan request tool (the “Service”) intends to connect users with a lender from a network of licensed lenders (the “Lender Partners”).
The Service requires users to fill out a form (a “Request Form”) that captures PII such as name, date of birth, address, email address, phone number, driver’s license number, SSN, citizenship status, income level, employment details, property ownership, and bank account details. This information is subject to the App’s Privacy Policy, which is also incorporated into these Terms.
The App and its operators are not a lender, loan broker, nor involved in any decisions related to lending, creditworthiness, or loan terms. Just by submitting a loan request, the user is not guaranteed to connect with or receive an offer from a Lender Partner, nor are any specific terms such as loan amount or interest rate guaranteed.
The App automatically shares user PII with Lender Partners. Therefore, by submitting a Request Form, users consent to receiving loan offers from the Lender Partners. Users agree that this process may involve correspondence by email, telephone, SMS, and direct mail, both now and in the future.
Only Lender Partners assess the information from your Request Form and process loan applications. It is at their sole discretion whether to make a user a loan offer and to approve or reject their application.
As part of this process, Lender Partners reserve the right to carry out a credit check.
This credit check may be either a “Hard Check” (formal credit check that leaves a search on your credit report, affecting your credit score) or a “Soft Check” (an informal check that will not be visible on your credit report). Lender Partners reserve the right to use a credit checking service of their choosing, including the “Big Three”: Equifax, TransUnion, or Experian or alternatives such as Teletrack, DP Bureau, Microbilt, or DataX.
As well as a credit check, submitting a Request Form constitutes consent for Lender Partners to assess, verify, and research your information to determine whether you meet their internal lending criteria.
If you are connected by the app with a Lender Partner, you consent to be automatically redirected to the lender’s website, and the App has no further involvement or liability in the loan application and decision-making process. Any interactions you have with a Lender Partner are subject to their own privacy policy, terms of use, and other policies.
By submitting a Request Form, users give their consent to receive notifications, documents, disclosures, and other communications from the App itself and the Lender Partners.
If you are directed to a Lender Partner by the App, you may have the opportunity to execute an electronic loan contract. Electronic loan contracts are on the same legal standing as traditional paper loan contracts.
Likewise, an electronic signature is on the same legal standing as a physical signature on a traditional paper loan contract.
Users also agree that any other correspondence related to the loan may be administered electronically. In the case of an unpaid loan, these electronic communications may extend to debt collection.
Lender Partners have the discretionary right to cease electronic communications at your request but are not obliged to do so and can withdraw your access to the service if you do not agree to electronic communications.
Users agree that any information they provide on the Request Form and therefore share with Lender Partners is accurate and truthful to the full breadth of their knowledge at the time of submission. You agree that if the information in your Request Form is not accurate and truthful, the App reserves the right to deny, suspend, or terminate your use of the Service, and this may impede you in securing a loan.
Content, features, and functions of the Service may be charged by the App at any time without prior warning. The App reserves the right to withdraw your access to all or part of the Service without prior warning if it deems at its sole discretion, your conduct or activities violate these Terms, the rights of the App, or any third party associated with it. You will not hold the App responsible for any delay to the Service as a result of errors or mistakes submitted by you in the Request Form, or by any technical problems beyond its reasonable control.
ALL APP CONTENT, FEATURES, SOFTWARE, AND RELATED PRODUCTS AND SERVICES ARE PROVIDED “AS IS”. THE APP EXPRESSLY DISCLAIMS ANY WARRANTY OF ANY KIND, WHETHER EXPRESS OR IMPLIED, AS TO ANY MATTER WHATSOEVER RELATING TO THE APP AND ANY CONTENT, SOFTWARE, PRODUCTS, OR SERVICES PROVIDED HEREIN, INCLUDING WITHOUT LIMITATION THE WARRANTIES OF NON-INFRINGEMENT, MERCHANTABILITY, TITLE, OR FITNESS FOR ANY PURPOSE.
THE APP DOES NOT GUARANTEE THE OUTCOME OF USING THE APP, REQUEST FORM, AND THE CONTENT, SOFTWARE, PRODUCTS, AND SERVICES ASSOCIATED WITH IT. USE OF THE APP AND THE SERVICE IS AT YOUR OWN RISK.
THE APP, ITS OPERATORS, LENDER PARTNERS, EMPLOYEES, DIRECTORS, OFFICERS, AGENTS, SUBSIDIARIES, ADVERTISERS, AFFILIATES, SUCCESSORS, ASSIGNS, CONTENT PROVIDERS, OR SERVICE PROVIDERS WILL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, SPECIAL, INCIDENTAL, OR PUNITIVE DAMAGES OR OTHER INJURY RESULTING FROM OR IN ANY WAY CONNECTED WITH USING THE APP OR THE SERVICE OR WITH THE DELAY OR INABILITY TO USE THE APP, OR FOR ANY CONTENT, SOFTWARE, PRODUCTS, OR SERVICES OBTAINED VIA THE APP, OR OTHERWISE RESULTING FROM THE USE OF THE APP, WHETHER ARISING WHOLY OR IN PART, FROM BREACH OF CONTRACT, NEGLIGENCE, STRICT LIABILITY, TORTIOUS BEHAVIOR, OR OTHERWISE, EVEN IF THE APP OR THE LENDER PARTNERS HAVE BEEN ADVISED OF THE POSSIBILITY OF DAMAGES.
THE APP’S ASSOCIATION WITH THE LENDER PARTNERS IS NOT A FORMAL ENDORSEMENT OR RECOMMENDATION OF ANY ONE LENDER OR THEIR LOAN PRODUCTS. THE APP DOES NOT FUNCTION AS AN AGENT OF ANY LENDER PARTNER OR YOURSELF. THE APP DOES NOT ACCESS OR ASSESS YOUR REQUEST FORM INFORMATION OR MAKE ANY DECISIONS ABOUT WHETHER YOU MEET A PARTICULAR LENDER’S APPROVAL THRESHOLD. THE LENDER IS SOLELY RESPONSIBLE FOR ITS SERVICES TO YOU, AND YOU AGREE THAT THE APP CANNOT BE LIABLE FOR ANY DAMAGES OR COSTS OF ANY TYPE RESULTING FROM OR IN ANY WAY RELATED TO YOUR USE OF THE SERVICE. YOU AGREE THAT LENDER PARTNERS MIGHT STORE YOUR PII, EVEN IF YOU ARE ABLE TO SECURE A LOAN AT THE TIME.
BORROWERS IN STATES THAT DO NOT PERMIT THE LIMITATION OF LIABILITY AND DISCLAIMER OF IMPLIED WARRANTIES, MAY NOT BE SUBJECT TO THE DISCLAIMERS AND LIMITATIONS AFOREMENTIONED. IN SUCH STATES, THE RESPECTIVE LIABILITY OF THE APP, THE LENDER PARTNERS, AND ANY OF THEIR EMPLOYEES, OFFICERS, DIRECTORS, AGENTS, CONTENT PROVIDERS, SUBSIDIARIES, AFFILIATES, SUCCESSORS, ASSIGNS, AND SERVICE PROVIDERS ARE LIMITED TO THE GREATEST EXTENT PERMITTED BY APPLICABLE LAW.
App users agree to indemnify the App’s operators and all Lender Partners from and against any and all liabilities, damages, and expenses (including legal fees) arising from claims related to your use of the App, including any claims which allege facts that if true would be deemed a breach of these Terms by you.
Any links displayed by the App to third-party websites, Lender Partners, or other services are displayed solely for your convenience and reference and do not constitute an endorsement of what is contained therein. The app is not responsible for any content, software, products, or services of the third-party sites it links to. Users agree that they are responsible for reading and adhering to the privacy policies and terms of any third-party sites and it is their responsibility to evaluate the content, software, products, or services, themselves.
You agree that any controversies or disputes arising from your use of the App, the Service, or to any acts of omission for which you claim the App is liable (a “Dispute”), will be settled exclusively by binding arbitration as per the American Arbitration Association’s commercial arbitration rules in effect at that time the dispute is raised. You agree arbitration will take place in Los Angeles, California while the judgment of the arbitration award may be entered into any court of competent jurisdiction. You agree that no arbitrator has the power to award damages for any Dispute beyond actual compensatory damages and will not inflate actual damages or award punitive, exemplary, or consequential damages. You agree that each party irrevocably waives any claim thereto. Agreeing to arbitrate does not constitute an agreement to the joinder or consolidation of an arbitration under this agreement with an arbitration of disputes or claims of any non-party, regardless of the nature of the issues of disputes involved.
YOU FORGO YOUR RIGHT TO SETTLE ANY DISPUTE WITH The App BEFORE A JURY IN A COURT OF LAW BY AGREEING TO THESE TERMS. YOU ALSO FORGO YOUR RIGHT TO FILE OR OTHERWISE TAKE PART IN CLASS ACTION LAWSUITS. BY USING The App’s SERVICE, YOU AUTOMATICALLY CONSENT TO THESE RESTRICTIONS.
If the law deems the above arbitration provisions unenforceable or otherwise inapplicable in any instance of any lawsuit between you and the App, you agree that jurisdiction and venue of any suit will exclusively be held in the state and federal courts of Los Angeles, California. You agree that regardless of any statute or law to the contrary, any claim or cause of action related to the use of the Service will be filed within one year of such claim or cause of action arising or be barred forever.
By sharing your mobile phone number in the Request Form, you consent to receive correspondence by SMS from the App and/or the Lender Partners. SMS messages may include but are not limited to links to your completed loan Request Form, loan application, a loan’s terms and conditions, payment reminders for any outstanding loans, and future loan offers related to your application.
For additional support: [email protected]
Your wireless carrier or other third parties may charge you applicable message and data rates for using the Service. The App is not responsible for any of these costs.
You agree that neither the App nor your carrier is responsible for delayed or undelivered messages, which can occur for any number of reasons beyond either’s control.
These Terms form the whole agreement between you and the App.
Without regard to its conflict of law principles, these Terms are governed by the state law of California. If any part of these Terms is subsequently deemed inapplicable or unenforceable by Californian law, then the provision in question is to be replaced by a new valid and enforceable provision that most closely resembles the intent of the original provision while the rest of the provisions remain in effect. If the App fails to exercise or enforce any right or provision in these Terms users will not consider this a waiver of the right or provision.
The App may amend these Terms at any time by publishing the amended terms publicly.
All new terms are effective immediately upon publishing and do not require prior notice.
You may direct any questions concerning these Terms to: [email protected]