Buy Now Pay Later Terms
Last Updated: 09/13/2014
This Installment Loan Agreement ("Agreement") between you ("Borrower") and RMO Payment Services ("Lender"), outlines the terms and conditions for participation in the Buy Now Pay Later Installment Loan Program.
Throughout this Agreement, “you” and “your” refer to the borrower listed, while “we,” “us,” and “our” refer to the Originator listed or its assignees. As a condition for the disbursement of funds, you agree to make a down payment equal to a portion of the final purchase amount confirmed by the merchant. This down payment is due before the funds described below are disbursed.
This Agreement incorporates by reference all terms and conditions of our U.S. Terms of Service (available at https://www.rmous.org/legal/p/general-terms-and-conditions) and U.S. Privacy Policy (available at: https://www.rmous.org/legal/p/privacy-policy) unless explicitly superseded by this Agreement. In the event of a conflict with the U.S. Terms of Service or U.S. Privacy Policy, this Agreement shall govern with respect to the subject matter of such conflicting terms.
1. Loan Details
Upon approval of your application, you will receive a loan to facilitate your purchase with participating merchants. This loan is subject to the following terms:
- Principal Amount: The total amount financed as specified at the time of your purchase.
- Interest Rate: An annual interest rate of 1% will be applied to the principal amount, calculated monthly.
- Installment Payments: The loan will be repaid in installments based on the schedule provided at the time of purchase.
1.1 Approval and Cancellation
All credit applications are subject to our approval. At our sole discretion, we may deny your application or cancel an approved application before the goods or services are delivered or supplied. If we cancel your previously approved application:
(a) We will provide a full refund of any amounts you have paid, excluding any chargebacks or fees related to your payment, and will cancel any future payments related to that order.
(b) The merchant will not be obligated to deliver the goods or provide any related services.
(c) You will have no further obligation to make payments to us or maintain any ongoing relationship with us regarding your application.
You agree that we may conduct inquiries to assess your eligibility for the services, including those involving third parties. This includes your consent for RMO Payment Services to obtain one or more credit reports or other consumer reports from consumer reporting agencies. These reports will be used to determine your eligibility for an RMO Payment Services loan, review and service your RMO Payment Services account, market RMO Payment Services products or services to you, and for other permissible purposes under the Fair Credit Reporting Act.
1.2 Pre-Authorizations
As part of our approval process and to assess your ability to fulfill your payment obligations under this Agreement, we reserve the right to conduct a pre-authorization of your Payment Method. This may involve placing a hold on funds in the account linked to your Payment Method each time you make an online purchase, obtain authorization for an in-store purchase, or add a Payment Method to your RMO Payment Services account. For online purchases, we immediately instruct your bank to void this pre-authorization transaction. For in-store purchases, where an authorization is obtained but the purchase is not completed, we instruct the bank to void the pre-authorization if the authorization is cancelled or expires. No funds are received by RMO Payment Services during this process. We cannot control the time it takes for your bank to process the void action and release your funds.
1.3 Transfer and Reassignment
Transfer and Assignment
We may transfer, assign, or sell this Agreement, along with any rights under this Agreement, to a third party without your consent. You acknowledge that we can appoint third-party collection agencies to recover any amounts owing to us under this Agreement without your consent. You hereby waive any demands, notices of non-payment, protests, and all other notices or demands of any kind. Additionally, you consent to the obligations evidenced by this Agreement being renewed, extended, modified, accelerated, compromised, settled, canceled, or released by us from time to time, in whole or in part, without notice to you and without releasing the liability of any party.
You agree that we will maintain a register on your behalf, as your agent, to record the amount of your loan balance and the current or future owner of your loan (including any assignee, participant, or transferee who may become the subsequent owner of any portion of your loan balance) (the "Register"). The parties agree that the entity whose name is recorded in the Register as the current owner of your loan balance is treated as the owner of your loan balance. Any transfer of ownership of your loan balance will be effective only when the Register is updated to reflect such a transfer.
PLEASE NOTE: In most cases, relevant banks will void a pre-authorization transaction within a few hours of RMO Payment Services conducting the pre-authorization. However, in some instances, banks may take up to fourteen (14) days to finalize this process. Unfortunately, we do not have control over the timing of your bank’s ability to complete this process, and RMO Payment Services makes no representations regarding this matter.
2. Payment Schedule
You agree to make monthly payments according to the Payment Schedule that will be provided to you electronically. When you accept this Agreement and complete a purchase, you will identify your preferred method of payment, designating an eligible US-issued checking account, Debit Card or other eligible digital wallet as your “Payment Method.” In addition to any required down payment, you must make the remaining scheduled payments to us (each, an “Installment Payment”) in the amounts shown under “Remaining Payment Schedule” in your Final Payment Schedule. You are responsible for ensuring that you have sufficient funds available to make Installment Payments on the dates specified in your Final Payment Schedule.
The Payment Schedule will include:
- Down Payment: If applicable, a down payment required at the time of purchase.
- Remaining Installments: The schedule of remaining payments, including amounts and due dates.
Goods or services you may purchase using RMO Payment Services may include arrangements whereby you owe periodic payments to a merchant on an ongoing basis. This can include, for example, a periodic monthly membership or subscription fee, such as a monthly membership. Such payments may be described by a merchant or RMO Payment Services as subscriptions, membership fees, billing agreements, or similar terms (collectively, a ‘Subscription Service’). You may use RMO Payment Services with participating merchants to make each periodic payment owed (‘Subscription Payment’) under a Subscription Service through a single down payment, plus three or four Installment Payments.
Each Subscription Payment RMO Payment Services makes on your behalf to the participating merchant for a Subscription Service is a separate obligation owed by you to RMO Payment Services. Whenever a Subscription Payment is owed to the merchant and you have not cancelled your Subscription Payment by notifying us in accordance with these terms, you authorize and instruct RMO Payment Services to pay the Merchant from your Payment Method through your RMO Payment Services Account. We will provide you with a separate Final Payment Schedule for each billing period.
Cancellation of Subscriptions:
To cancel any goods or services offered as a Subscription Service, you must contact the merchant directly and follow their cancellation policies. We may rely on the merchant's information to determine if a Subscription Payment is due. If RMO Payment Services processes a Subscription Payment on your behalf before you cancel according to the merchant's policies, or before the merchant notifies us of your cancellation with sufficient time to act, you remain responsible for paying the down payment and each Installment Payment for that Subscription Payment. You may cancel any scheduled Subscription Payment by notifying us within 4 days of the next scheduled payment by contacting our Customer Service center at https://help.RMO Payment Services.com. By contacting RMO Payment Services to cancel any scheduled Subscription Payment, RMO Payment Services will also cancel any future Subscription Payment you have for goods or services offered by that merchant to you for that Subscription Service. You are responsible for any outstanding amounts or obligations imposed by the merchant on you as a result of your cancellation of the Recurring Payment amounts.
3. Late Fees and Penalties
Failure to make payments by the due date will result in late fees:
- Late Fee Amount: Up to the maximum amount allowed by applicable state law.
- Additional Penalties: Continued failure to pay may result in additional charges and impact your credit rating.
3.1 Delinquency and Default
If you fail to make any payment on time as required by this Agreement, you will be considered delinquent. In the event of delinquency, bankruptcy or insolvency proceedings being filed by or against you, or any other material breach of this Agreement, we may, as permitted by applicable law, declare you in default and accelerate the maturity of this Agreement, making all payments immediately due. Additionally, if you miss a payment, we reserve the right to limit, restrict, suspend, or terminate your access to your RMO Payment Services account.
4. Promise to Pay
You promise to repay the principal amount, interest, and any applicable fees according to the terms outlined in this Agreement and your Payment Schedule. This Agreement governs your repayment to us for funds disbursed at your direction to an approved merchant for certain merchandise or services you have selected. You commit to paying the total of your down payment and the other amounts listed in this Agreement, according to the dates and amounts specified in your “Down Payment” and “Remaining Payment Schedule” (collectively, your “Payment Schedule”). This information may be updated by the Final Payment Schedule to include all taxes and fees until paid in full. The precise amounts and due dates for your down payment and subsequent payments will be provided to you electronically in the Final Payment Schedule.
5. No Prepayment Penalty
You may pay off your loan early without any penalties. Any prepayments will be applied first to accrued interest and then to the principal amount. If you make all Installment Payments in full by their due dates, your final payment will be completed on the Maturity Date specified in the Final Payment Schedule. You can prepay any or all amounts due under this Agreement at any time without penalty. Additionally, you may make any payment early, either in full or in part, without incurring any penalties or premiums.
6. Dispute Resolution
If you have a complaint related to this Agreement, please contact us through the Help Icon in the My RMO Payment Services section of the RMO Payment Services mobile app or visit https://www.rmous.org/help/paymentservices. For complaints about the delivery or quality of goods purchased, please reach out directly to the merchant using the contact details provided on their website.
For general complaints, you can also contact us through the Help Icon in the app or at https://www.rmous.org/help/paymentservices. We may request additional documentation to help resolve your complaint, and you are required to provide reasonable assistance to facilitate this process.
6.1 Statement Errors and Discrepancies
If you believe there is an error on your statement, or if you have questions about your RMO Payment Services account, please follow these steps:
6.2 How to Contact Us
You can reach us via:
- The Help Icon in the Help section of the MyRMO mobile app
- Our website at https://www.rmous.org/help/paymentservices
6.3 Timeframe for Reporting
- You must notify us within 60 days after the error appears on your statement.
6.4 Information Required for Investigation
To assist us in investigating your claim, please provide the following details:
- Account Information: Your name and account number.
- Dollar Amount: The dollar amount of the suspected error.
- Description of Problem: Describe what you believe is wrong and why you think it is a mistake.
6.5 While We Investigate
During the investigation, the following conditions apply:
- We will not attempt to collect the amount in question or report you as delinquent on that amount.
- The amount in question may remain on your statement, and we may continue to charge interest on that amount. If we find an error, you won't have to pay that amount or any associated interest or fees.
- While you are not required to pay the disputed amount, you are responsible for the remaining balance on your account.
- We can apply any unpaid amount against your credit limit.
6.6 Your Rights If You Are Dissatisfied With Your RMO Payment Services Purchases
If you are not satisfied with goods or services purchased using RMO Payment Services and have made a good faith effort to resolve the issue with the merchant, you may have the right to withhold the remaining amount due on the purchase.
6.7 Conditions to Exercise This Right
To use this right, all of the following must be true:
- The purchase must have been made in your home state or within 100 miles of your current mailing address, and the purchase price must exceed $50. (Note: These conditions do not apply if your purchase was based on an advertisement we sent you, or if we own the company that sold the goods or services.)
- The purchase must have been made using RMO Payment Services. Purchases made via cash advances from an ATM or with a check linked to your credit card account do not qualify.
- You must not have fully paid for the purchase.
If all the above criteria are met and you remain dissatisfied with the purchase, contact us in writing or electronically as outlined in the "What To Do If You Find a Mistake On Your Statement" section.
While we are investigating, the same rules will apply to the disputed amount. After concluding our investigation, we will inform you of our decision. If we determine that you owe the amount and you do not pay, we may report you as delinquent.
Section 7.1 of this Agreement includes provisions for resolving disputes between the parties. You agree to arbitration for disputes and acknowledge that this limits your ability to seek remedies via court.
7. Governing Law
This Agreement complies with and will be governed by the laws of the United States and the state laws where the Borrower resides, unless otherwise specified.
7.1 Agreement to Arbitrate
By using RMO Payment Services Buy Now Pay Later installment contract and lending services ("Services"), you ("Borrower" or "You") agree to resolve any dispute or claim arising out of or relating to the Services through binding arbitration, rather than in court, except for those matters that may be taken to small claims court.
7.2 Scope of Arbitration
This agreement encompasses all disputes, claims, or controversies ("Claims") arising out of or related to your use of the Services, including but not limited to:
- Disputes regarding the enforceability, interpretation, or validity of this agreement.
- Claims based on tort, contract, statutory, or other theories.
- Claims between you and RMO Payment Services ("Company," "We," "Us," "Our"), its subsidiaries, affiliates, employees, agents, and assigns.
7.3 Arbitration Procedure
Initiation: To initiate arbitration, you must provide us with a written Notice of your Claim, which should be sent to our registered agent or to an address we provide for this purpose.
Rules and Procedures: The arbitration will be conducted by a neutral arbitrator in accordance with the rules of the American Arbitration Association ("AAA"), including the AAA's Consumer Arbitration Rules, as modified by this agreement.
Conduct of Arbitration: The arbitration shall be conducted in the county where you reside, unless both parties agree to a different location. Arbitration hearings will be conducted by telephone or other electronic means if the amount in controversy is not more than $10,000, unless the arbitrator finds good cause for an in-person hearing.
Fees: We will pay all AAA administration fees and the arbitrator's fees, unless the arbitrator determines that your claim was frivolous or brought for an improper purpose.
Decision: The arbitrator’s decision will be in writing and will include the essential findings and conclusions upon which the arbitrator based the award. The arbitrator's decision is final and binding on all parties.
7.4 Waiver of Class Actions
You and the Company agree that each may bring claims against the other only in your or its individual capacity, and not as a plaintiff or class member in any purported class or representative proceeding. The arbitrator shall not consolidate more than one person’s claims and shall not otherwise preside over any form of a representative or class proceeding.
7.5 Exceptions to Arbitration
Notwithstanding the foregoing, either party may assert claims in small claims court if the claims qualify. Either party may seek injunctive or other equitable relief for the alleged unlawful use of intellectual property without first engaging in arbitration.
7.6 Opt-Out Provision
You can decline this Arbitration Agreement by sending us a letter within 30 days of first accepting this Agreement, stating that you decline the arbitration provision. The letter must be sent to [Insert Address] and must include your name, address, and account number.
7.7 Severability
If any portion of this arbitration agreement is found to be invalid or unenforceable, that portion will be severed, and the remaining portions will remain in full force and effect.
7.8 Survival
This Arbitration Agreement will survive the termination of your relationship with RMO Payment Services.
By using the Services, you acknowledge that you have read and understand this Arbitration Agreement and agree to all of its terms and conditions.
8. Incorporation by Reference
This Agreement incorporates by reference all other relevant terms and conditions, including but not limited to, our U.S. Terms of Service and U.S. Privacy Policy.
Terms of Service: Your Company Terms of Service
Privacy Policy: Your Company Privacy Policy
9. Contact Information
For any questions or concerns regarding this Agreement or the Loan Program, please contact us at:
- Phone: (888) 764-3448
- Contact Form: https://www.rmous.org/help
- Address: P.O BOX 2576, Los Angeles, CA 90078
10. Consent to Electronic Disclosures
By entering into this Agreement, you consent to receive disclosures and notices electronically.
10.1 No Warranties; Limitation of Liability
EXCEPT AS EXPRESSLY SET FORTH IN THIS AGREEMENT, WE MAKE NO REPRESENTATIONS OR WARRANTIES TO YOU, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. IN NO EVENT SHALL WE BE LIABLE TO YOU FOR ANY LOST PROFITS OR SPECIAL, EXEMPLARY, CONSEQUENTIAL, OR PUNITIVE DAMAGES, EVEN IF INFORMED OF THE POSSIBILITY OF SUCH DAMAGES. FURTHERMORE, WE MAKE NO REPRESENTATION OR WARRANTY TO YOU REGARDING THE EFFECT THAT THE AGREEMENT MAY HAVE UPON YOUR FOREIGN, FEDERAL, STATE, OR LOCAL TAX LIABILITY. You agree that if any lawsuit or court proceeding is permitted under this Agreement, the aggregate liability of us, our subsidiaries, partners, and affiliates, and RMO Payment Services US, Inc., its subsidiaries, partners, and affiliates, to you for all claims arising out of or related to this Agreement or your use or inability to use your RMO Payment Services account will not (other than as may be required by applicable law in cases involving personal injury) exceed the greater of: (a) the amount of any affected order(s) giving rise to such damages or (b) the amount of five hundred U.S. dollars ($500.00). These limitations will apply even if the above-stated remedy fails of its essential purpose.
10.2 Express Written Consent to Receive Short Message Service (“SMS”) Communications & Email Communications and Marketing
(a) Notwithstanding any current or prior election to opt-in or opt-out of receiving telemarketing calls or SMS messages (including text messages) from us, our agents, representatives, affiliates, or anyone calling on our behalf, you expressly consent to be contacted by us, our agents, representatives, affiliates, or anyone calling on our behalf for any and all purposes arising out of or relating to this Agreement, at any telephone number, or physical or electronic address you provide or at which you may be reached. You agree we may contact you at any time of day and in any way, including SMS and text messages, emails, mobile app notifications, calls using pre-recorded messages or artificial voice, and calls and messages delivered using an auto telephone dialing system or an automatic texting system. Automated messages may be played when the telephone is answered, whether by you or someone else. In the event that an agent or representative calls, he or she may also leave a message on your answering machine, voicemail, or send one via text. You also expressly consent to the receipt of electronic communications from the merchant, RMO Payment Services, or any third party engaged by RMO Payment Services to collect any amount owed under this Agreement.
(b) You consent to receive SMS and text messages, calls, and messages (including prerecorded and artificial voice and autodialed) from us, our agents, representatives, affiliates, or anyone calling on our behalf at the specific number(s) you have provided to us, or numbers we can reasonably associate with your account (through skip trace, caller ID capture, or other means), with information or questions about your application, this Agreement, and/or your account. You certify, warrant, and represent that the telephone numbers that you have provided to us are your contact numbers. You represent that you are permitted to receive calls at each of the telephone numbers you have provided to us. You agree to promptly alert us whenever you stop using a particular telephone number.
(c) By signing this Agreement, you are providing express written consent to receive SMS and text messages to each telephone number provided by you to us regarding this Agreement and your RMO Payment Services account. You agree that you are responsible for any message, data rates, or fees that your telephone service provider charges in relation to SMS messages sent and received by you. If you have any questions regarding those rates, please contact your wireless carrier.
(d) If you wish to withdraw your consent to have communications provided via SMS, you may opt-out of receiving SMS from us at any time by emailing us at uslegal@RMO Payment Services.com. Alternatively, you may reply HELP for help, STOP to stop (or cancel). Upon receipt of your message, we will process the request and it will be effective only after we have a reasonable period of time to process your request. If you fail to provide or if you withdraw your consent to receive SMS communications as set forth in this section, RMO Payment Services reserves the right to restrict, deactivate or close your RMO Payment Services account and you agree that you may be prevented from using certain features of your RMO Payment Services account.
(e) You agree that we may send you marketing communications to the email address you have provided, including but not limited to targeted offers, introduction of new features, or other special announcements. You may opt out of these marketing communications at any time by using the “unsubscribe” link within a marketing email.
10.3 Miscellaneous
This Agreement is effective until all amounts due under the Agreement are paid in full or otherwise canceled or refunded. If any provision of this Agreement (or any portion thereof) is determined to be invalid or unenforceable, the remaining provisions of this Agreement shall not be affected thereby and shall be binding upon the parties and shall be enforceable, as though said invalid or unenforceable provision (or portion thereof) were not contained in this Agreement. This Agreement, including all documents incorporated by reference, constitutes and contains the entire agreement between you and us with respect to the subject matter hereof and supersedes any prior or contemporaneous oral or written agreements.
11.State Specific Disclosures
For California Customers:
This agreement is made pursuant to a California Finance Lenders Law license, #60DBO-99995. FOR INFORMATION, CONTACT THE DEPARTMENT OF FINANCIAL PROTECTION AND INNOVATION, STATE OF CALIFORNIA. As required by California law, the Borrower is hereby notified that a negative credit report reflecting on the Borrower’s credit record may be submitted to a credit reporting agency if the Borrower fails to fulfill the terms of the Borrower’s credit obligations. A married applicant may apply for a separate account. If the Originator takes any adverse action as defined by § 1785.3 of the California Civil Code, and the adverse action is based, in whole or in part, on any information contained in a consumer credit report, the Borrower has the right to obtain within 60 days a free copy of the Borrower’s consumer credit report from the consumer reporting agency who furnished the consumer credit report and from any other consumer credit reporting agency that compiles and maintains files on consumers on a nationwide basis. Please note that for California consumers, other than a down payment, the first payment due hereunder will not be due for a minimum of 15 days after your purchase.
For Georgia Customers:
NOTICE TO CONSUMER
Do not sign this agreement if it contains any blank spaces.
You are entitled to an exact copy of all papers you signed.
You have the right at any time to pay in advance the full amount due under this agreement and under certain conditions to obtain a partial refund of the interest charges.
If credit life insurance is required, you have the right to purchase either level term life insurance or reducing term life insurance coverage.
You are not required to purchase noncredit insurance as a condition of obtaining this loan.
The creditor shall furnish the consumer with an exact copy of the loan contract, including any loan voucher, itemized statement of loan charges, and disclosure statement after the agreement has been signed. Please print this agreement if you would like an exact copy.
With respect to every installment loan transaction, the creditor shall, at the time of the transaction, furnish to the consumer a written statement of the maximum number of payments required, the amount of such payments, and the exact due dates upon which each payment is due. The maximum number of payments and the amount and date of such payments need not be separately listed if the payments are stated in terms of a series of scheduled amounts.
Ga. Comp. R. & Regs. 80-14-5-.01
For Maryland Customers:or Maryland Customers:or Maryland Customers:
This loan is made pursuant to the Credit Grantor Closed-end Credit Provisions of Title 12, Subtitle 1 of the Maryland Commercial Law Article (Md. Code Ann., Com. Law § 12-1001 et seq.).
For North Dakota Customers:
NOTICE: MONEY BROKERS ARE LICENSED AND REGULATED BY THE DEPARTMENT OF FINANCIAL INSTITUTIONS, 2000 SCHAFER STREET, SUITE G, BISMARCK, NORTH DAKOTA 58501-1204. THE DEPARTMENT OF FINANCIAL INSTITUTIONS HAS NOT PASSED ON THE MERITS OF THE CONTRACT, AND LICENSING DOES NOT CONSTITUTE APPROVAL OF THE TERMS OR OF THE BROKER'S ABILITY TO ARRANGE ANY LOAN. COMPLAINTS REGARDING THE SERVICES OF MONEY BROKERS SHOULD BE DIRECTED TO THE DEPARTMENT OF FINANCIAL INSTITUTIONS.
For Oklahoma Customers:
Refer to the relevant sections of this Agreement for information about nonpayment, default, the right to accelerate the maturity of this Agreement, prepayment, and penalties.
For South Dakota Customers:
If there are any improprieties in the making of this loan or in any loan practices, please refer to the South Dakota Division of Banking at:
South Dakota Division of Banking
1714 Lincoln Avenue, Suite 2,
Pierre, South Dakota 57501
Phone: (605) 773-3421
For Rhode Island Customers:
No late fees shall apply to Rhode Island state residents.
Pursuant to RI Gen L § 19-14.2-13, every licensee who is the holder of any small loan note shall deliver to the borrower, at the time any small loan is made, a statement of the law regarding interest rate and term limitations, in plain English, showing in clear and distinct terms the amount and date of the loan and of its maturity, the nature of the security, if any, for the loan, the name and address of the borrower and of the licensee, and the agreed rate of interest. Refer to the relevant sections of this Agreement and your Final Payment schedule for this information.
NOTE: ANY HOLDER OF THIS CONSUMER CREDIT CONTRACT IS SUBJECT TO ALL CLAIMS AND DEFENSES THAT THE DEBTOR COULD ASSERT AGAINST THE SELLER OF GOODS OR SERVICES OBTAINED WITH THE PROCEEDS HEREOF. RECOVERY HEREUNDER BY THE DEBTOR SHALL NOT EXCEED AMOUNTS PAID BY THE DEBTOR HEREUNDER.
12. Entire Agreement
This Agreement constitutes the entire agreement between you and RMO Payment Services regarding the loan and supersedes any previous agreements or understandings.
By accepting these terms and completing your purchase, you acknowledge that you have read, understood, and agree to the terms and conditions of this Agreement.