Affirm Pay Now Authorization and Agreement

Legal Rights & Agreement Rules · Procedure

Clicking the button is an electronic signature under the E-Sign Consent Agreement

The Agreement is provided in electronic format under the E-Sign Consent Agreement the customer accepted when opening the Affirm account. Clicking the button below the hyperlinked Agreement is stated to be an electronic signature agreeing to this Agreement. The E-Sign Consent Agreement itself is linked, not reproduced in this source.

Supporting quotations

This Agreement is provided to you in electronic format pursuant to the E-Sign Consent Agreement that you accepted and agreed to when you opened your Affirm account.

By clicking the button below this hyperlinked Agreement, you are electronically signing and agreeing to this Agreement.

Qualifications & exceptions

• Electronic delivery is tied to the E-Sign Consent Agreement accepted at account opening, which is not part of the supplied text.

Not stated here

• The text of the linked E-Sign Consent Agreement is not supplied here, so its own terms (delivery, withdrawal, hardware requirements) cannot be stated.

Legal Rights & Agreement Rules · Restriction or exception

Default if the card cannot be charged, with collection, credit-bureau reporting and service cutoff

Except where prohibited by law, the customer is in default if Affirm is unable to charge the Purchase Amount to the Payment Card. In Default, Affirm may employ a debt collection agency to collect payment, may report default information to credit bureaus, and may prevent the customer from future use of any Affirm service. Each consequence is stated as something Affirm may do, not as a step it must take.

Supporting quotations

Except where prohibited by law, you will be in default if we are unable to charge the Purchase Amount to your Payment Card ("Default").

If you are in Default, Affirm may: (i) employ a debt collection agency to collect payment; and (ii) report default information to credit bureaus.

If you are in Default, Affirm may prevent you from future use of any Affirm service.

Qualifications & exceptions

• The trigger stated here is Affirm's inability to charge the card; this document states no payment due date of its own.
• All three consequences are permissive ("may"), so the document neither promises nor requires any particular one.

Not stated here

• The source does not state whether the customer is notified before collection or before credit-bureau reporting, or how long a service restriction lasts.

Legal Rights & Agreement Rules · Procedure

Disputes follow the Terms of Service, including arbitration and a class action waiver

Disputes under this Agreement are subject to the dispute resolution provisions of Affirm's Terms of Service, section 5, titled "How Affirm Will Resolve Disputes". The paragraph adds that disputes are governed by the Arbitration Agreement and Class Action Waiver contained there. The Terms of Service is not supplied in this source, so the process, forum, applicable law and waiver terms cannot be stated from this document. The heading also reads "Governing Law", but the paragraph itself names no governing law or jurisdiction.

Supporting quotations

Disputes under this Agreement are subject to the dispute resolution provisions of Affirm's Terms of Service, section 5, titled, "How Affirm Will Resolve Disputes."

Please note that disputes are governed by the Arbitration Agreement and Class Action Waiver contained there.

Qualifications & exceptions

• The paragraph incorporates an external document by reference; this card can state only that those provisions are made applicable, not what they require.

Not stated here

• The text of Terms of Service section 5, the Arbitration Agreement and the Class Action Waiver is not supplied here.
• Which jurisdiction's law governs disputes is not stated in this paragraph.