Terms of Service

Last updated: 3/1/2017

1. These Terms of Service (these “Terms”) apply to all websites and mobile applications and plugins and leasing and financing products (each individually a “Product” and collectively the “Products”) offered by PayJoy Inc., a Delaware corporation (“PayJoy”), located at 679 3rd Street, 5th Floor, San Francisco, California 94107.

2. Your use of a Product constitutes acceptance of these Terms and PayJoy’s Privacy Policy (the “Privacy Policy”), which is available at https://www.payjoy.com/za/privacy/. We may revise these Terms at any time and your use of a Product following such a revision constitutes your acceptance of such revised Terms. If you are using one or more Products on behalf of a company, entity or organization (each a “Subscribing Entity”), you represent and warrant that you are an authorized representative of such Subscribing Entity with the authority to bind such Subscribing Entity to these Terms and you agree to be bound by these Terms on behalf of such Subscribing Entity.

3. Your use of a Product may require that you enter into agreements supplemental to these Terms and the Privacy Policy. To the extent any such supplemental agreements conflict with these Terms or the Privacy Policy, the terms of such supplemental agreements shall control. In particular, when you accept or enter into an agreement concerning a PayJoy lease or finance Product, you will have to enter into additional agreements and you agree to comply with all of the terms and conditions contained therein. In the event you do not so comply, you agree to return all goods acquired pursuant to such agreements, if any, to PayJoy or PayJoy’s authorized retail representative.

4. You represent, acknowledge and agree that (i) all information, including Personal Information (as defined in the Privacy Policy), that you provide to PayJoy for the purpose of applying for a Product or otherwise is truthful and accurate and reflects the entire extent of any such requested information that is available to you and (ii) such information is not misleading in any way.

5. You will be required to create an account with PayJoy in order to use certain features of the Products. You will be responsible for all activity that occurs under your login credentials. You agree to not share your login credentials with, or allow access to your account by, any third parties. You agree to use reasonable care to prevent unauthorized access to or use of the Products and to preserve the confidentiality of your login credentials and you agree to notify PayJoy immediately of any unintended sharing of your login credentials.

6. You may access and use the Products solely as intended through the provided functionality of each Product and as permitted under these Terms. You agree to not copy, reproduce, distribute, publish, display, perform, transmit, stream or broadcast any part of the Products, including PayJoy’s trademarks, logos and other content belonging to PayJoy, without PayJoy’s prior written authorization. You agree to not bypass, circumvent, damage or otherwise interfere with any security or other features of the Products. You agree to not undertake, cause, permit or authorize the translation, reverse engineering, disassembling or hacking of any aspect of the Products, or attempt to do any of the foregoing. You agree to not access, attempt to access or tamper with PayJoy’s computer systems and infrastructure, or the technical delivery systems of PayJoy’s third-party service providers. You agree to not gain unauthorized access to the Products or the accounts, computer systems or Personal Information of other users of the Products. You agree to not transmit or otherwise make available any virus, worm, spyware or any other computer code, file or program that may disable, overburden, impair, damage or hijack the operation of any hardware or software used by or otherwise connected to the Products. You agree to not violate any applicable federal, state or locals laws in connection with your use of the Products. You agree to not assist or permit any persons in engaging in any of the activities described in this paragraph.

7. The Products and all materials and information contained therein, including all intellectual property rights, are the sole exclusive property of PayJoy and third parties, as applicable. Except for the limited rights granted to you herein, no other rights are granted or will be deemed granted to you under these Terms, either expressly or by implication, estoppel or otherwise.

8. You may be able to access third-party content through the use of the Products, in which case you may be subject to third-party terms of service and/or privacy policies. You agree to abide by all such third-party terms of service and privacy policies and acknowledge that you are solely responsible for such compliance. PayJoy makes no representations or warranties regarding any third-party content, services, terms of service or privacy policies.

9. The Products are not intended for use by persons under the age of 13. IF YOU ARE UNDER 13 YEARS OF AGE, PLEASE IMMEDIATELY CEASE USE OF AND NOT USE OR ACCESS ANY OF THE PRODUCTS AT ANY TIME OR IN ANY MANNER. If you are under 18 years of age, you represent and agree that you possess the legal consent of your parent or legal guardian to access and use the Products.

10. YOU UNDERSTAND AND AGREE THAT THE PRODUCTS ARE PROVIDED ON AN “AS IS” BASIS AND NEITHER PAYJOY NOR ANY OF ITS SUPPLIERS, DISTRIBUTORS, PARTNERS, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, LICENSORS OR LICENSEES (COLLECTIVELY, THE “RELEASED PARTIES”) MAKE ANY REPRESENTATIONS OR WARRANTIES REGARDING THE PRODUCTS, AND SUCH RELEASED PARTIES EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.

11. YOU UNDERSTAND AND AGREE THAT THE RELEASED PARTIES WILL NOT BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES, INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE OR DATA OR OTHER INTANGIBLE LOSSES (EVEN IF A RELEASED PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (i) THE USE OR THE INABILITY TO USE ONE OR MORE OF THE PRODUCTS; (ii) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES; (iii) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (iv) YOUR RELIANCE ON CONTENT OR DATA MADE AVAILABLE BY US; OR (v) ANY OTHER MATTER RELATING TO ONE OR MORE OF THE PRODUCTS.

12. THE RELEASED PARTIES’ MAXIMUM LIABILITY ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF ONE OR MORE OF THE PRODUCTS, REGARDLESS OF THE CAUSE OF ACTION (WHETHER IN CONTRACT, TORT, BREACH OF WARRANTY, OR OTHERWISE), WILL NOT EXCEED THE AMOUNTS PAID TO US BY YOU FOR USE OF SUCH PRODUCT(S). WE RESERVE THE RIGHT TO CURE ANY DEFICIENCY IN ANY PRODUCTS BY REPAIRING OR REPLACING ANY SUCH PRODUCTS.

13. You agree to defend, indemnify and hold harmless the Released Parties from and against any claims, actions or demands, including without limitation reasonable legal and accounting fees, arising out of or related to your use of a Product or your breach of these Terms or the Privacy Policy.