Terms of Use
By using the “Borrow Money App: Payday Loans” mobile application (the “App”), the user agrees to be bound by the following terms and conditions (the “Terms”). Please read these Terms carefully. If you do not agree to these Terms, your use of this app is null and void and you should close and uninstall it immediately.
Loan Referral Service
The app’s loan connection service (the “Service”) connects prospective borrowers to lenders from our partner network (the “Lender Partners”). The Service requires the completion of an online loan request form (a “Request Form”) that gathers personal data from you, such as your name, address, email address, telephone number, employment and income status, and checking account details. This information is subject to the Website’s/App’s Privacy Policy, which is also included in these Terms.
Credit Decisions
As a loan request Service, this app does not make any decisions about creditworthiness or loan terms. It is neither a lender nor a loan broker. Therefore, the app cannot guarantee a loan will be offered by one of our Lender Partners or that any loan offer will contain specific loan terms or conditions, or the sum you may have requested. Any loan cost, APR, other interest rates, fees, the loan type, or loan terms, are determined by the Lender Partners, based on their internal assessment and the current market forces.
When you submit a Request Form, the App passes your data to the network of Lender Partners. By doing this, you understand and agree that this constitutes a formal request for loan offers from our Lender Partners. You also agree that the Lender Partners may contact you via the methods you provide, such as email, phone call, text message, or traditional mail, in the process of handling your Request Form or providing information about related offers, now or in the future, unless you expressly opt-out.
When a Lender Partner receives a Request Form they may use automated and real-time assessments to decide if your information meets their internal lending policies. In this context, Lender Partners reserve the right to carry out standard identity and credit checks. A credit check can be a formal process that leaves a temporary record on your credit report and might negatively impact your credit score (a “Hard Check”).
Alternatively, (a “Soft Check”) an informal search might be done that won’t affect your credit score. Lender Partners may use (the “Big Three”) credit reporting agencies: TransUnion, Equifax, or Experian or any undisclosed alternative agencies and data credit data collectors. These include but are not limited to DataX, DP Bureau, Microbilt, or Teletrack, all of which monitor consumer transactions with lending institutions.
You agree to let Lender Partners read, assess, verify, and otherwise research your information by submitting a Request Form using the aforementioned methods.
If a Lender Partner decides your Request Form is viable based on their assessment, you will be redirected from your browser or the App to the lender’s own site. If you are connected and redirected you understand and agree, the App is no longer involved in any of the proceeding application and decision-making processes. At this point, you are subject to that specific lender’s privacy policy, terms of use, and other policies or terms.
Electronic Disclosure
Once you have submitted a Request Form you consent to notifications, disclosures, documents, and other forms of communication from both the App and our Lender Partners. If you are redirected to a Lender Partner, they might issue a loan contract electronically which requires you to sign it electronically to be legally binding.
Your electronic signature, whether like-for-like or via numerous other electronic means will be just as valid as a physical signature on a paper loan contract, and the electronic loan contract will be just as binding as a traditional paper version.
The Lender Partner might also need your consent to send all correspondence about your loan electronically. This electronic correspondence may extend to collecting the debt itself.
Furthermore, the Lender Partner might operate a paper-only policy, whereby the only access to your loan contract and related documents are online. You agree to access paper-only documents by submitting your Request Form.
It is at the lender’s discretion as to whether you can withdraw consent to electronic disclosure. If you wish to use a paper process, you must contact the lender directly. However, the lender is not obliged to provide a paper service, and thus withdrawing your consent to electronic disclosure may exclude you from receiving a loan from a Lender Partner.
Accuracy
You agree that all information provided by you via the App, Request Form, and any further application with a Lender Partner is accurate and truthful to the best of your knowledge and that you will not willingly provide misleading or incorrect information. If the information is provided in your Request Form, you understand the App may deny, suspend, or terminate your use of the Service.
Control over Features, Functions, and Access to the Service
The App reserves the right to alter any features, functions, or information of the Service without prior warning to the user. All or part of your access to the Service may also be revoked without prior warning, if the App decides, at its sole discretion, you have violated these Terms, the rights of the App, or those of any related third party, or if you engage in activities it deems inappropriate.
Any errors made by you in the Request Form are not the responsibility of the App, and it does not take responsibility for delays providing the Service because of these. The App also may not be held responsible for any technical problems you experience that are beyond its reasonable control, at its sole discretion.
Disclaimers and Limitations
THIS APP AND WEBSITE, THE INFORMATION THEREIN, AND ANY ASSOCIATED SOFTWARE, SERVICES OR PRODUCTS ARE PROVIDED “AS IS”.
WHETHER EXPRESS OR IMPLIED, THE APP EXPRESSLY DISCLAIMS ANY KIND OF WARRANTY AS TO ANY MATTER WHATSOEVER RELATING TO THE APP, WEBSITE AND ANY ASSOCIATED INFORMATION, SOFTWARE, PRODUCTS, OR SERVICES, INCLUDING BUT NOT LIMITED TO THE WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSE.
USING THE APP, WEBSITE, OR THE SERVICE IS AT YOUR OWN RISK, AND THE APP MAKES NO WARRANTY AS TO THE RESULTS THAT MAY BE ACHIEVED BY USING IT, THE WEBSITE AND THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES HEREIN.
The App, THE LENDER PARTNERS, ADVERTISERS, ANY OF THEIR SUBSIDIARIES, OFFICERS, DIRECTORS, AGENTS, EMPLOYEES, CONTENT PROVIDERS, AFFILIATES, SUCCESSORS, ASSIGNS, OR SERVICE PROVIDERS ARE NOT LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, OR PUNITIVE DAMAGES OR OTHER INJURY ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OF the App, THE WEBSITE OR THE SERVICE OR WITH THE DELAY OR INABILITY TO USE THE APP, THE WEBSITE, OR ANY INFORMATION, SOFTWARE, PRODUCTS, OR SERVICES OBTAINED OR OTHERWISE ARISING OUT OF THE USE OF THE APP OR THE WEBSITE, WHETHER RESULTING IN WHOLE OR IN PART, FROM BREACH OF CONTRACT, TORTIOUS BEHAVIOR, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF THE APP OR THE LENDER PARTNERS HAVE BEEN ADVISED OF THE POSSIBILITY OF DAMAGES.
NO ONE LENDER OR LOAN PRODUCT IS OFFICIALLY ENDORSED BY THE APP AND THE APP IS NOT AN AGENT, BROKER, SUBSIDIARY, OR EMPLOYEE OF ANY LENDER PARTNER. THE APP HAS NO INVOLVEMENT IN THE LENDER’S ASSESSMENT OR USE OF YOUR REQUEST FORM, THE INFORMATION SUBMITTED, OR IN DETERMINING YOUR CREDITWORTHINESS OR LENDER’S INTERNAL LENDING CRITERIA. ANY SERVICES PROVIDED BY A PARTNER LENDER TO YOU ARE BETWEEN YOU AND THAT LENDER ONLY, AND YOU AGREE THAT THE APP HOLDS NO RESPONSIBILITY AND IS NOT LIABLE FOR ANY DAMAGES OR COSTS OF ANY KIND STEMMING FROM OR IN ANY WAY LINKED TO YOUR USE OF THE SERVICE OR REQUEST FORM. YOU UNDERSTAND THAT LENDER PARTNERS RESERVE THE RIGHT TO RETAIN YOUR INFORMATION, WHETHER OR NOT YOUR LOAN APPLICATION IS ACCEPTED BY THEM.
THE AFOREMENTIONED DISCLAIMERS AND LIMITATIONS MIGHT NOT APPLY TO YOU BECAUSE SOME US STATES DO NOT PERMIT THE LIMITATION OF LIABILITY AND DISCLAIMER OF IMPLIED WARRANTIES. IN THIS CASE, THE RESPECTIVE LIABILITY OF THE APP, THE LENDER PARTNERS, ADVERTISERS, ANY OF THEIR SUBSIDIARIES, OFFICERS, DIRECTORS, AGENTS, EMPLOYEES, CONTENT PROVIDERS, AFFILIATES, SUCCESSORS, ASSIGNS, OR SERVICE PROVIDERS ARE LIMITED TO THE GREATEST EXTENT ALLOWED IN LAW.
Indemnity
You agree, as a condition of using the Website or the Service, to indemnify the App and the Lender Partners from and against any and all liabilities, damages, expenses (including attorney’s fees) stemming from claims resulting from your use of the Website. This includes any claims charging facts, that if true, would put you in breach of these Terms.
Links to Third Parties
The app might connect you by link or redirection to other websites operated by our Lender Partners or other operators. These links are given for your benefit and education only. The app doesn’t own, run, or have any involvement in these sites, as regards the loan products, services, software, other products, or information therein. The inclusion of these links does not represent an official endorsement of any kind by the App, and it does not rate or recommend any third-party services, content, or sponsoring organizations found on these sites.
Dispute Resolution
Disputes, including claims and controversies originating from your use of the App, the Service, to any acts or omission that you claim the App is liable for (a “Dispute”), will be settled exclusively by binding arbitration as per the commercial arbitration rules employed at that time by the American Arbitration. Los Angeles, California, will be the jurisdiction of the arbitration and its judgment may be entered into any court of relevant competency.
No arbitrator will have the power to award damages in relation to any Dispute in excess of actual compensatory damages and will not increase actual damages or award consequential, punitive, or exemplary damages, and each party irrevocably waives any claim thereto. By agreeing to arbitrate, it is understood that there will be no joiner or consolidation of other arbitrations of disputes or claims involving any non-party, regardless of the nature or relevance of the issues of disputes involved.
YOU GIVE UP YOUR RIGHT TO SETTLE ANY DISPUTES WITH The App IN A COURT OF LAW OR BEFORE A JURY, BY AGREEING TO THESE TERMS. YOU ALSO GIVE UP YOUR RIGHT TO JOIN OR FILE CLASS-ACTION LAWSUITS. BY USING The App’s SERVICE AT ANY TIME, YOU DEMONSTRATE YOUR CONSENT TO THESE RESTRICTIONS.
If the aforementioned provisions regarding arbitration become unenforceable or inapplicable, or in the case of a lawsuit between you and the App, you agree that jurisdiction over and venue of any suit will be exclusively in the state and federal courts sitting in Los Angeles, California. You further agree that regardless of any statute or law to the contrary, any claim or cause of action originating from or related to use of the Service must be filed within one year after such claim or cause of action arose or be forever barred from filing.
SMS Terms & Conditions
If you enter your mobile phone number as part of your Request Form or otherwise using the App, this constitutes an opt-in to receive SMS communications from the App and the Lending Partners. These SMS messages may include but aren’t limited to follow-ups containing links to your completed loan Request Form, Lender Partners issuing payment reminders, and relevant loan offers in the future.
Additional support can be obtained by contacting: [email protected]
Messaging and Data Rates May Apply. Any fees you incur from your wireless carrier or other third parties related to this service are, under no circumstances, the responsibility of the App.
Carriers are not liable for delayed or undelivered messages, which may occur for numerous technical reasons.
Other Terms
The above Terms establish the entire agreement between you and the App. These Terms will be governed by the laws of California without regard to its conflict of law principles.
If it is determined that any part of these Terms is unenforceable under applicable law, then the invalid and unenforceable provision will be deemed superseded by a valid and enforceable provision that most closely resembles the original intent of the provision and the rest of these Terms will remain in effect as normal.
If the App fails to exercise or enforce any right or provision of these Terms, at any time, the inaction will not constitute a waiver of such right or provision.
The App reserves the right to amend these Terms at any time by posting them on its website without prior notice. All amended terms are effective as soon as posting.
You may direct any questions concerning these Terms to [email protected]
