We are excited to announce that we are now shipping to select international destinations. This includes the following countries:
1. How do I checkout when shipping to an international location? In checkout, simply select the desired destination in the shipping country dropdown and proceed to the next step in checkout.
2. What are the shipping fees? Shipping fees vary by country and are calculated based on the shipping destination. The exact shipping cost will be calculated and displayed at checkout before you confirm your order. This fee will include shipping and duties & taxes. Orders are usually shipped within 1-2 business days and delivery varies based on your country. Please note, we are unable to deliver to International Post Office (PO) box addresses.
3. What are the duties & taxes? These will be included in your shipping cost. Your total order amount will include duties, taxes, and customs fees associated with your order.
4. What is the return policy? For international orders, please note that returns and exchanges are not accepted. We encourage you to carefully review your order before completing your purchase. If you have any questions or need assistance, feel free to contact our customer support team by clicking here.
1. How do I change my email preferences or account information?
Sign in to your account. From your customer dashboard, you can edit your email preferences in the “Personal Data” section. Additional account information can be changed by clicking on the appropriate menu items on the customer dashboard.
2. I’m not receiving Ashley Stewart emails, my birthday promo code, or Diva Dollars. What happened?
If you are not yet on our email list, click here to join. To ensure delivery to your inbox, be sure to add noreply@ashleystewart.com to your address book. If you have opted out of receiving marketing emails, we cannot send you these messages.
3. I forgot my password. Can I update or change my password?
Request a password reset by selecting "SIGN IN" in the menu at the top of the page and clicking on the link that says, “Forgot Your Password?” Follow the prompts to enter your email address and we will send an email with instructions for resetting your password. Please Note: Passwords are case-sensitive.
1. What is the Ashley Stewart Mobile Messaging Program?
By signing up, you agree to receive recurring automated promotional and personalized marketing text messages (e.g., cart reminders) to the mobile telephone number you provided. Consent is not a condition of any purchase. Message frequency will vary. By receiving text messages from Ashley Stewart, you also agree to the Ashley Stewart Terms of Use and the Ashley Stewart Privacy Policy . Message and data rates may apply.
2. How do I opt out?
Text the keyword “STOP” to 28789 to cancel. You will receive one additional message confirming your request has been processed. Our text message platform may not recognize or respond to unsubscribe requests that do not include the “STOP” keyword command and agree that Ashley Stewart, its affiliates, and service providers have no liability for failing to honor such requests. If you unsubscribe from one of our text message programs, you may continue to receive text messages from Ashley Stewart through other programs you have joined until you separately unsubscribe from those programs. You must opt out of each program you have joined.
3. Do I have to submit my birthday, name, or email to get offers?
This information is not required. If you choose to share this information, you will get extra perks like Birthday Savings and special announcements. Text your birth month to 28789 after opting in to receive these perks. The following birth month formats are accepted: “1,” “JAN,” or “JANUARY” for January.
4. I opted in, but I did not get a coupon code.
If you received a message indicating that you have already opted in, you are not eligible for another discount. You may only become eligible once for any specific campaign. For additional assistance, visit
https://www.vibes.com/help and submit a form with details about your problem.
1. How do I place an order?
Order online using our simple and secure checkout process.
2. When will my order be processed? When will I receive my order?
Most orders placed Monday through Friday before 2 p.m. (ET) will be processed within two business days. Flash Sale orders may require additional days for processing. Holidays and weekends may impact delivery times. For more information regarding shipping times, please see our Shipping/Tracking section.
3. An item I want is out of stock. Will it be restocked?
To keep our inventory fresh, most items are not restocked to make room for new merchandise. To check the restocking status of an item, please continue to visit AshleyStewart.com.
4. Can I edit or cancel an order?
Yes, you may cancel your entire order but you will not be able to make any changes. Please note this must be completed within 30 minutes of placing it. To cancel your order please have your order number available and call us at 800-376-0581.
5. Do you honor price adjustments or match retail store prices?
Price adjustments will not be made for online purchases. We aim to have consistent pricing throughout our website and stores. However, we occasionally offer web-exclusive promotions. Pricing offered during "Flash Sales" is limited to the indicated hours. We do not match prices offered at Ashley Stewart retail stores or on other retail websites.
What forms of payment do you accept online?
We accept the Ashley Stewart Credit Card, Visa, MasterCard, Discover, American Express, Apple Pay, Afterpay, Shop Pay, Amazon Pay, GPay, PayPal, ZIP and Ashley Stewart Gift Cards.
1. When will I be charged for my purchase?
Your card will be charged as soon as your order is confirmed.
2. My credit card was declined but a charge is showing on my credit card. What happened?
If your order was declined during the checkout process, you may have a pending hold or authorization on your credit card statement. If a transaction is declined, a hold will be removed from your statement in accordance with the policies established by your bank or credit card company. Contact your bank or credit card company for more details.
You may receive an error message that says, "AVS Mis-match: The billing address provided does not match the billing address on file with your credit company." If this happens, update your billing information so that it matches the information your bank or credit card company has on file. Please note that promotional codes, online store credits, etc., may have to be re-entered if this occurs.
3. How do I apply for an Ashley Stewart Credit Card?
Apply online or call (800) 376-0581.
1. Where can I purchase a gift card?
Physical gift cards can only be purchased in stores. and e-gift cards can only be purchased online
2. Where can I redeem gift cards?
Physical and e-gift cards can be redeemed in Ashley Stewart stores and online. You may not redeem more than one gift card in the same transaction.
3. How are e-gift cards different from physical gift cards?
E-gift cards are only sold at AshleyStewart.com and are delivered via email. Physical gift cards are only sold in stores. Both e-gift cards and physical gift cards can be used both in our stores and at AshleyStewart.com. E-gift cards cannot be converted into physical gift cards.
4. What terms and conditions apply to gift card purchases, usage, and acceptance?
Ashley Stewart Credit Cards and Paypal cannot be used to purchase gift cards. A maximum of two gift cards can be purchased in one transaction. Refer to the back of your physical gift card for terms and conditions. The terms and conditions for e-gift cards are listed below.
Gift cards should be treated like cash. If lost, stolen, or used without your permission, it will not be replaced. The available balance will be applied toward your purchase. Gift cards can only be used to purchase merchandise sold by Ashley Stewart.
Gift cards do not expire. No fees shall be deducted from any remaining balance. Gift cards are not redeemable for cash unless otherwise required by law. Gift cards are not refundable; all sales are final. No variance from these terms and conditions will be allowed except in states where legally required.
Gift cards are issued by Butterfly Giftcard Inc. (“Butterfly”). Butterfly is the sole legal obligor to the cardholder. Ashley Stewart and its affiliates or subsidiaries (other than Butterfly) bear no responsibility or liability for gift cards. You hereby knowingly release Ashley Stewart and its affiliates/subsidiaries (other than Butterfly) from all liability or claims of any nature whatsoever arising in connection with the gift card. By accepting or using a gift card, you agree to these terms and conditions (which may be changed from time to time at Butterfly’s discretion). The laws of the Commonwealth of Virginia, without regard to principles of conflict of laws, shall govern this agreement and use of your gift card.
5. What denominations do e-gift cards come in?
E-gift cards can be purchased with a minimum value of $10 and a maximum value of $300 per card.
6. How do I check the balance on my gift cards?
Visit our Gift Card page to check the value of your card.
7. Do I have to spend the exact amount on my gift card? Can they be reloaded?
The remaining balance left on a gift card can be saved and used later. If your order total is more than the current balance on the gift card, you can pay the remaining balance with an alternate form of payment. Unfortunately, we cannot add value to an activated gift card.
8. Do gift card funds expire? Are there any associated fees?
There are no fees associated with Ashley Stewart Gift cards and they do not expire.
9. What happens if I misplace my e-gift card?
Gift cards should be treated like cash. If lost, stolen, or used without your permission, it will not be replaced. The person who gifted you the card may have a record of their purchase. If you purchased the gift card, check your email for a purchase confirmation. If you are unable to find a record of your e-gift card, please send us an email at customerfeedback@ashleystewart.com for assistance.
10. What happens if I entered an incorrect email address for an e-gift card recipient? How do I know a recipient received the e-gift card I sent them?
Take extra care in inputting the email address for your gift recipients and make sure to check the box indicating that you wish to receive a copy of the e-gift card. We are not responsible for e-gift cards that are not received due to the purchaser's failure to enter an accurate recipient email address.
11. Why was my gift card declined?
Double-check the gift card number you entered for accuracy. Your gift card may not have a remaining balance. Use the “GIFT CARDS” link on AshleyStewart.com to verify the value remaining on the card.
12. Can I purchase an e-gift card with other merchandise in the same transaction?
Yes. If you purchased other items at the same time, you may see two charges on your credit card as the e-gift card purchase is processed immediately. The balance of your order will be charged once your package ships. An e-gift card receipt is emailed to you when you check the box requesting a copy at the time of purchase.
13. What happens if I return something purchased with an Ashley Stewart gift card?
A credit will be applied to the original gift card. Once we have processed your return, an email indicating the amount returned to your card, the card number, and the current card balance will be sent to the email used for the original online purchase of the returned items.
14. How long should I keep my gift card after using it for an online purchase?
Keep your card until you have used the balance and received your ordered items. Should you decide to make a return, the refund will be credited back to your gift card. For your convenience, a refund email indicating the amount of the refund, the card number, and the card balance will be sent to the email you entered for the initial purchase.
1. What are Installments by Afterpay?
Installments by Afterpay allow you to make purchases now and pay in four installments every two weeks without any interest. First-time customers will need to register with Afterpay and provide payment details. Returning customers can simply sign in to make a purchase. All items in your shopping bag must be eligible for Installments by Afterpay. A minimum purchase amount may apply and you must meet additional eligibility requirements to qualify.
2. Where can I use Installments by Afterpay? What products are eligible? Is there a limit to how much I can spend?
Installments by Afterpay can only be applied to purchases made on AshleyStewart.com. Afterpay is not available on purchases of gift cards. Transaction value limits may apply.
3. Can I use Installments by Afterpay if I’m an international customer?
Customers with international billing addresses, shipping addresses, or phone numbers are not able to use Afterpay.
4. How does the payment schedule work? What if I can't pay an Afterpay installment?
Customers make their first payment at the time of purchase and are charged the remaining three payments every two weeks. You can make additional payments before your scheduled billing date through your Afterpay account. Late fees may apply for missed payments. Learn more about Afterpay Payments.
5. How do I return or exchange an item purchased using Installments by Afterpay?
Ensure your return or exchange meets our Return Policy . Afterpay purchases can be mailed back to the warehouse or returned to Ashley Stewart retail stores. In store, customers must use the Afterpay App and select return at the store option. Afterpay will be notified of your return and will process the appropriate refunds.
6. Where can I find out more about Afterpay?
Visit the Afterpay website for FAQs, terms, the Installment Agreement, and Afterpay’s Privacy Policy . Contact Afterpay with questions about your account or by emailing info@afterpay.com.
1. What are Installments by ZIP?
Installments by ZIP allow you to make purchases now and pay in installments. All items in your shopping bag must be eligible for Installments by ZIP. A minimum purchase amount may apply and you must meet additional eligibility requirements to qualify.
2. Where can I use Installments by ZIP?
ZIP is not available on purchases of gift cards. Transaction value limits may apply.
3. Can I use Installments by ZIP if I’m an international customer?
Customers with international billing addresses, shipping addresses, or phone numbers are not able to use ZIP.
4. How does the payment schedule work? What if I can't pay a ZIP installment?
Visit the ZIP website for FAQs, terms, the Installment Agreement, and ZIP's Privacy Policy
5. How do I return or exchange an item purchased using ZIP?
Ensure your return or exchange meets our Return Policy . ZIP purchases must be mailed back to the warehouse using our returns portal.
6. Where can I find out more about ZIP?
Visit the ZIP website for FAQs, terms, the Installment Agreement, and ZIP's Privacy Policy .
1. When will my order be processed?
Most orders placed Monday through Saturday before 2 p.m. (ET) will be processed within two business days. Flash Sale orders may require additional days for processing. Holidays and weekends may impact delivery times.
2. How will my order be shipped? What are the rates for domestic shipping?
Orders are shipped via United Parcel Service (UPS), FedEx, or a similar carrier. Orders shipping domestically generally use a flat rate regardless of the amount of merchandise you purchase and will not vary based on distance, only by the speed of service.
Economy, Express, and Expedited Shipping: Delivered Monday through Saturday excluding holidays . Saturday delivery may vary by location and carrier availability. Orders shipped outside of the continental United States may require extra transit time. Domestic shipping rates to physical addresses and PO Boxes provided by the U.S. Postal Service are determined based on the table below. Rates for packages sent to APO/FPO addresses are determined by the address and package weight elements.
| Service Level (48 Mainland States) | Flat Rate* |
|---|---|
| Economy delivery in 5-8 business days, excluding holidays on orders placed by 2:00 P.M ET | $9.95 |
| Express delivery in 3-5 business days, excluding holidays on orders placed by 2:00 P.M ET. This shipping method requires a signature. | $18.95 |
| Expedited delivery in 1-3 business days, excluding holidays on orders placed by 2:00 P.M ET. | $24.95 |
| Service Level (Alaska, Hawaii & Puerto Rico). | Flat Rate* |
|---|---|
| Economy delivery typically within 8-10 days business days, excluding holidays. Flash Sales may require an additional 1 - 2 days. | $14.95 |
| Expedited Delivery is not available at this time. | N/A |
| Service Level (APO/FPO/DPO & Other US Territories – Guam, Puerto Rico, USVI, etc.) | |
|---|---|
| Economy delivery typically within 8-10 business days, excluding holidays. Flash Sales may require an additional 1 - 2 days. | $14.95 |
| Expedited Delivery is not available at this time. | N/A |
* Flat rate pricing applies for packages up to 50 lbs. and with dimensions less than 130 inches. Shipping for large packages will be calculated separately based on weight, size, and delivery location.
** Express Shipping typically arrives within two to three business days (i.e., if submitted on Saturday or Sunday, the order will ship on Monday and arrive by Wednesday). Flash Sale orders may require additional days for processing due to order volume at our warehouse.
3. Can I track the status of my order?
Order tracking varies based on the shipping carrier and destination. If your order is being shipped to an address within the United States, your shipping confirmation email will include a tracking number. To check the status of your order, visit our tracking page here. If you didn’t receive an order confirmation email, shipping confirmation, or haven’t received your order by the expected delivery date, please check your Spam or Junk Mail folder or please send us an email at customerfeedback@ashleystewart.com for assistance. We may require proof of identity for delivery in certain circumstances. If additional proof of identity is required, we will contact you. Carriers for international orders do not currently provide tracking numbers. However, you will receive an estimated delivery time in your shipping confirmation email. Please Note: Customer service representatives are not able to trace international shipments until the expected delivery window has been exceeded.
4. Do you ship to military addresses or P.O. Boxes?
We ship to PO Boxes and military addresses (APO/FPO/DPO) within U.S. Postal Service capabilities. We do not currently offer priority or express shipping for these shipments. Please Note: The average delivery time for military deliveries is 7 to 21 business days, depending on the selected shipping method. For international military shipments, select "United States" as your country, enter APO or FPO as your city and select AP - Armed Forces Pacific, AA - Armed Forces Americas (except Canada), or AE - Africa, Canada, Europe, Middle East as your state from the drop-down menu.
1. When will I be charged for my purchase?
Your card will be charged as soon as your order is confirmed.
2. Can I cancel an order once it is placed?
Check that your return or exchange meets our Return Policy. If your order has not yet been fulfilled, contact Customer Service for assistance. If your order has already been fulfilled by the store, you will need to process your return at the store in person or via phone. An associate will need your payment information when making a return via phone. For your security, your credit card number will be entered directly into the system for verification, but never written down.
3. Can someone else pick up my order?
When you are contacted regarding pickup, please specify who will be picking up the order. The person picking up the order must show their ID for verification.
4. What if something is missing from my order?
Please let us know. We will retrieve a duplicate item or immediately process a refund.
To return an item purchased online at an Ashley Stewart store, please bring a copy of your order confirmation email. Returns or exchanges cannot be processed without this documentation.
New! Start your online return below and follow a few easy steps to print your return label.
We will gladly accept returns on eligible items within 30 days from your order ship date.
You can return most items purchased on AshleyStewart.com to one of our retail store or to our warehouse.
Click below to get started
We want you to love your Ashley Stewart purchase, but understand you may need to return it.
You may return eligible items within 30 days of your in-store purchase or your online order ship date.
All items must be returned in new and unused condition, with tags attached in the original packaging.
Items purchased in or picked up in a store must be returned to an Ashley Stewart store.
Items marked as "Online Exclusive", Home items, Shoes or purchased with a digital wallet (PayPal, Klarna, ZIP, etc.) must be returned to our warehouse.
Online Exclusives include items sized 28 and up and bra cups C, F, G, & H.
Wedding Dresses must be returned within 15 days of your online order ship date. For eligible returns, the tag must be attached, and all original packaging must be included and shipped to the below location:
Ashley Stewart
150 Meadowlands Parkway
Suite 403, Returns Department
Secaucus, NJ 07094
Dresses have a special tag attached that states the tag may not be removed from the item to be eligible for
a return. Please check your item for this tag and only remove it once you have confirmed you will not need to return
or exchange your item.
Items not eligible for returns or exchanges:
We do not accept returns for Home items in-store.
Ashley Stewart reserves the right to decline returns for items that show signs of wear, are in poor condition or
lack tags. We also retain the right to limit returns in cases of excessive usage or suspected abuse of our return policy by
the customer, with or without a receipt.
All refunds will be issued to the original form of payment.
Shipping fees or taxes related to the shipping costs will not be reimbursed.
If an order level coupon or discount was applied, the value will be pro-rated across all qualifying items and deducted from the refund.
You may ship your eligible items back by using our prepaid label or printerless code within 30 days of your order ship date.
Your Order Ship date can be located on your Shipping Confirmation email.
Please include a copy of your order confirmation email inside your return package.
Returns will be processed within 14 business days from the day we receive your return package and you will receive an email confirmation when complete.
When using our prepaid label or printerless code $10 will be deducted from your return total.
Ashley Stewart stores will gladly accept returns of eligible items purchased on ashleystewart.com or in a store. Items must comply with our standard return policy and be accompanied with a copy of your order confirmation email. If you do not provide the receipt or invoice, we will provide a merchandise credit gift card for the lowest known selling price of the item and may request valid identification for credit issuance.
1. California Proposition 65
California's Proposition 65 entitles California consumers to special warnings for products that contain chemicals known to the state of California to cause cancer and birth defects or other reproductive harm if those products expose consumers to such chemicals above certain threshold levels. We care about our customers' safety and hope that the information below helps with your buying decisions. The general Proposition 65 notice is as follows:
WARNING: This product contains chemicals known to the State of California to cause cancer and birth defects or other reproductive harm. Do not put in mouth or chew and keep items away from children.
2. How do I obtain information regarding career opportunities?
We’re an energetic and diverse team that believes that work should be collaborative, growth-minded, and fun. Join our team as we continue to rewrite what it means to be a fashionable woman.
3. How do I become a model?
Post your pictures using #AshleyStewart or @byashleystewart for a chance to be featured on our social media platforms. We also hold modeling contests in some of our stores. Information on contests is posted on our Facebook page.
4. How do I report any suspicious, suspected illegal, or unethical activity?
Please contact the confidential Silent Witness Hotline toll-free at (800) 338-2327.
5. Is your site secure? Is my information kept private?
AshleyStewart.com purchases are backed by our Safe Shopping Guarantee. This means you pay nothing if unauthorized charges are made to your card as a result of shopping on this website. Our secure server software (SSL) is the industry standard and is among the best software available today for secure commerce transactions. It encrypts personal information including your credit card number, name, and address. Our website is a registered member of veriSign, the leading provider of internet trust services, including authentication, validation, and payment. The security lock symbol appears only at the credit card entry stage of the checkout process.
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| Interest Rates and Interest Charges | |
|---|---|
| Annual Percentage Rate (APR) for purchases | The APR will be set forth in the Disclosure when we make the Loan. | Grace Period for APR | No Grace Period |
| For Credit Card Tips from the Consumer Financial Protection Bureau | To learn more about factors to consider when applying for or using a credit card, visit the website of the Consumer Financial Protection Bureau here. |
| Fees | |
|---|---|
| Origination Fees Origination Fees | $0-$124 Based on payment plan and loan amount. The applicable Origination Fee will be set forth in the Disclosure when we make the Loan. |
| Penalty Fee Late Payment | (i) $7; or (ii) the amount set forth in the Disclosure based on your state of residence, if less than $7.00. If you incur such a late fee, then it is due and payable immediately unless we provide otherwise. |
| Other Fees Payment Date Change Fee | $2 Up to one free payment date change per Customer, per month. |
Billing Rights: See your “Billing Rights Statement” in section 8 of your Zip Customer Agreement for information on your right to dispute transactions and how to exercise those rights.
Zip Anywhere and Zip Checkout (also known as Zip) Customer Agreement (WebBank-Originated Transactions)
PLEASE READ THIS ZIP ANYWHERE AND ZIP CHECKOUT (ALSO KNOWN AS ZIP) CUSTOMER AGREEMENT CAREFULLY, AS IT GOVERNS YOUR RELATIONSHIP WITH ZIP CO US INC. (“US”) WITH RESPECT TO ZIP SOFTWARE APPLICATIONS. TO THE EXTENT THAT YOU ALSO USE ANY OTHER ZIP PRODUCTS, PLEASE REFER TO THE ZIP CUSTOMER AGREEMENT TERMS FOR THOSE SERVICES HERE. THE HEADINGS CONTAINED IN THIS AGREEMENT ARE FOR REFERENCE PURPOSES ONLY. ALL LOANS UNDER THIS PROGRAM ARE ORIGINATED BY WEBBANK, AN FDIC-INSURED, UTAH-CHARTERED INDUSTRIAL BANK, AND SERVICED BY US. SEE THE LOAN AGREEMENT BELOW FOR ADDITIONAL DETAILS.
1.1. BY SIGNING UP FOR A ZIP ACCOUNT AND/OR USING ZIP SOFTWARE APPLICATIONS, YOU ARE:
1.1.1. Representing that you are acting on your own behalf, you are an individual resident of the United States or its territories, you are at least of the age of legal majority where you live (which is currently 18 years old, in most cases), and the application you submitted to us in connection with the account is true and complete in all material respects and that there has been no Material Adverse Change not reflected on your application. If any of the foregoing is not true, you are not eligible to use any Services, and doing so will be unauthorized and a breach of this Agreement
1.1.2. ACKNOWLEDGING THE TERMS OF AND AGREEING TO BE BOUND BY THE CURRENT (1) ZIP ANYWHERE AND ZIP CHECKOUT (ALSO KNOWN AS ZIP) CUSTOMER AGREEMENT (THIS “AGREEMENT”), (2) ZIP E-SIGN AGREEMENT, (3) ZIP PRIVACY POLICY, AND (4) ZIP.CO WEBSITE TERMS OF USE, INCLUDING OUR ACCEPTABLE USE POLICY. IF YOU DO NOT AGREE WITH THIS AGREEMENT, DO NOT ACCESS THE ZIP WEBSITE OR USE ANY ZIP SERVICE, AND CONTACT US TO CANCEL YOUR ACCOUNT, IF YOU ALREADY HAVE CREATED ONE.
1.2. This Agreement was last revised on the date first shown above. A later version of this Agreement replaces any previous version
1.3. CHANGES TO THIS AGREEMENT.
1.3.1. We reserve the right to amend this Agreement at any time, by adding, deleting, or changing provisions of this Agreement. If we amend this Agreement, then we will provide notice on our Website or as otherwise required by applicable law. Subject to any notice period that may be required by applicable law, after we provide notice of any amendment to this Agreement, if you use the Services or do not immediately close your account, then you agree to such amendments.
1.4. CERTAIN DEFINITIONS.
1.4.1. “We”, “us”, “our” or “Zip” means Zip Co US, Inc.
1.4.2. “You” and “your” refers to the individual person who creates the associated Zip account and each and all of the persons who are granted access to, accept, or use the account and any person who has guaranteed payment of the account.
1.4.3. “Service” means the Zip Software Applications and related services from us, including without limitation the “Zip Anywhere” application and the “Zip Checkout” checkout software application used to facilitate purchases on the websites of participating merchants, and any other services or benefits we may provide you from time to time. For the avoidance of doubt, “Services” as used herein specifically excludes any Loans originated by WebBank.
1.4.4. Your “account” means your account with Zip for Zip Software Applications, as described and governed by this Agreement. You may request a Loan to finance the purchase goods or services (“Goods”) from WebBank pursuant to the Service. All such Loans are governed solely by the Loan Agreement set forth below (as in effect at the time WebBank makes such Loan). In the event of any conflict between the Loan Agreement and this Agreement, the Loan Agreement shall control.
1.4.5. “Due Date” means any date by which you are required to make a payment as reflected on your Billing Statement or other communication provided to you by Zip on behalf of WebBank.
1.4.6. “Billing Statement” means any communication that Zip provides to you reflecting the activity on your account, the unpaid balances on your Loan(s), and/or Due Dates. Without limiting the foregoing, this includes any account dashboard that Zip makes available to you on its Website and any statement or summary for a billing cycle that Zip provides on behalf of WebBank.
1.4.7. “Website” means, collectively, the https://zip.co/us website and our US mobile app.
1.4.8 “Payment Schedule” means a list of payment amounts with corresponding due dates that we provide to you on behalf of WebBank in connection with a Loan that may update or supplement the schedule of payments set forth in each closed-end Truth in Lending disclosures you receive in connection with such Loan (each a “Disclosure”).
1.4.9 “WebBank” means WebBank, a Utah-chartered Industrial Bank.
1.4.10 “Zip Software Application(s)” means any software application provided by us relating to the Services, including without limitation, the “Zip Anywhere” application, the “Zip Checkout (also known as Zip)” checkout software application, and any other software application provided by us to interact with your Account.
1.5. PROVISIONS OF THIS AGREEMENT ARE SEVERABLE.
If any provision of this Agreement is found to be invalid, the remaining provisions will continue to be effective.
1.6. Important disclosures.
1.6.1. Your name and address, as set forth in the application you submitted to us for this account, are incorporated by reference.
2.1. YOUR ZIP ACCOUNT AND TERMS APPLICABLE TO THE SERVICE.
2.1.1. QUALIFICATION FOR AND ACCESS TO YOUR ACCOUNT AND THE SERVICE.
You must be qualified and receive an approval from Zip to obtain and access an account to use the Service. Whether you are qualified and whether any use of the Service is approved is determined by Zip and/or WebBank in their sole discretion. Subject to applicable law, Zip may close, suspend, restrict, or limit your account and/or your use of or ability to transact in connection with the Service in Zip’s sole discretion at any time for any reason without notice to you (this may include where we suspect fraudulent or suspicious activity in connection with your account). Zip also may cancel transactions at any time before a Retailer delivers any goods or services in its sole discretion at any time for any reason without notice to you.
2.1.2. USE OF YOUR ACCOUNT AND THE SERVICE.
You may use your account and the Service only for personal, family, or household purposes, and not for any business or commercial purposes. You may not use your account or the Service to make a payment on any other obligation you have with us or our affiliates. You may not use or permit your account to be used to make any illegal transaction. Without limiting the foregoing, you may not use your account or the Service in connection with any gambling activity or permit such use.
2.1.3. THE SERVICE.
Using the Zip Software Application(s) and qualifying for Loans through the Service allows you to purchase goods or services offered by retailers who accept payment cards at the physical point of sale (“Retailers”) or online at Retailer websites. Different purchases may require different Zip Software Applications. Each time you use the Service to finance a purchase, you are requesting that WebBank make a direct loan (a “Loan”) to you for the amount of the purchase from the Retailer. For each transaction using the Zip Anywhere application, you will receive a virtual credit card number for the amount of the Loan, which is associated with a virtual credit card issued to Zip that you may use to facilitate payment for the transaction with the Retailer. Each virtual card number may be used only for a single transaction with a single Retailer (with the exception of Cards on file). “Cards on file” are virtual credit cards that are specifically designated by Zip to be used at a single Authorized Retailer, for multiple uses. “Authorized Retailers” are those which are made directly available by Zip from time to time. Using a Multi-use Card at any retailer, other than an Authorized Retailer, is deemed a violation of this Agreement and may result in your account being suspended or closed, among other remedies to which Zip or WebBank may be entitled.
If you wish to make additional or different purchases that are financed using the Service, then you must apply for a new Loan through the Service and obtain a new virtual card number for each potential purchase. For all additional or different purchases which are not completed using a Card on file you must obtain a new virtual card number for each potential purchase. You are not authorized to use any virtual card number provided in the Service for any purpose other than the purchase for which you requested the Loan. Any unauthorized use of the virtual card by you will be considered theft and/or fraud, and will be declined and or reversed and may lead to deactivation of your account, among other remedies to which Zip or WebBank may be entitled.
2.1.4. YOUR ESTIMATED SPENDING POWER.
Your Estimated Spending Power is the potential amount available to you to request Loans using the Service and is evaluated on a transaction-by-transaction basis each time you request a Loan. Any amount shown on your account dashboard or otherwise as your “Estimated Spending Power” is merely indicative and not a guarantee that any attempt to use the Service will be approved. Your Estimated Spending Power may be changed at any time and for any reason at WebBank’s and/or Zip’s sole discretion.
2.1.5. HOW TO MAKE A PAYMENT/PAYMENT AUTHORIZATION FOR AMOUNTS DUE UNDER EACH LOAN YOU REQUEST
When you request a Loan you direct Zip to charge your first payment to your primary Payment Method. When you request the loan, You authorize Zip to initiate an authorization request for an amount equal to the first installment. If we receive information suggesting the payment will fail, you may not be able to continue with the Transaction.
You also authorize Zip to deduct Automatic Payments from your Payment Method(s), beginning with your primary Payment Method, in the amounts and on the dates in each Disclosure and/or in any Payment Schedule or Updated Disclosure. Each Disclosure may be updated as a result of any items in your Transaction on Pre/Back-Order, refunds, cancelations, delayed shipment by the merchant, additional one-time payments or other adjustments. We’ll email you notice of the updated Disclosure when that happens. You also authorize us to combine multiple payments due on the same day into a single payment to be deducted from your Payment Method.
(a) An 'Automatic Payment' is a payment, through your primary Payment Method, that Zip will automatically charge for all amounts owed to Zip and/or WebBank, also known as a preauthorized electronic fund transfer. Zip may, in its discretion, add or discontinue acceptance of any payment method offered to you at any time.
(b) A ‘Payment Method’ means each payment method used by you and accepted by Zip from time to time. Current payment methods are most debt and credit cards and contactless payments, such as Apple Pay and Google Pay. Your account must have at least one Payment Method at all times. If you wish to delete your only Payment Method, you’ll need to add a new one first.
(c) You can add multiple Payment Methods to your Zip account, and you can update or change your primary Payment Method at any time via your account. If your primary Payment Method fails or cannot be charged for a payment for any reason, you authorize Zip to charge your other Payment Methods in the following order. Zip will attempt to Charge your primary Payment Method on the dates shown in each Disclosure and/or in any Payment Schedule. If your primary Payment Method fails, Zip may attempt to charge your other Payment Method(s) in order based on the last time the Payment Method was used to pay Zip, starting with your most recently used payment method. Zip may initiate authorization requests multiple times for each Payment Method.
To the extent permitted by law, you authorize Zip to collect or reverse variable payment amounts from or to your Payment Method(s), as described in your Loan Agreement, Disclosure, any Payment Schedule, and any other agreement given to Zip authorizing Zip to debit your primary Payment Method for a variable amount. Zip will provide you with notice, including in the form of an updated Disclosure, and/or Payment Schedule in the event Zip collects or reverses a payment amount that differs from your original Disclosure. You also give us permission to either debit or credit your Payment Method(s) if we need to correct any errors.
You are responsible for ensuring that you have sufficient funds via your Payment Method(s) to make Automatic Payments on the dates specified in each Disclosure and/or a Payment Schedule. If we are unable to charge or debit your Payment Method(s), and you did not make a one-time payment to cover the amount owed, this will be considered a late payment. We may attempt to collect the late payment on your next scheduled payment date along with the payment that is due on that date. If these attempts are unsuccessful, Zip reserves the right and you authorize us to collect these payments by debiting your primary Payment Method at a later time or date or debiting any other Payment Method you have given us permission to use.
You are responsible for any fees charged by your financial institution associated with the payments. It’s your job to keep your Zip account updated with any changes to your debit/credit card information. If you don't update this information and we are unable to charge your Payment Method for the amount due, you may be subject to late fees and you may be charged fees by your financial institution. By agreeing to these terms and conditions, you authorize Zip to make preauthorized electronic fund transfers from the Payment Method you selected at checkout or in the customer portal.
2.1.6. PRE-ORDERS AND BACK-ORDERS.
Where you make a Zip Purchase, and one or more of the Good(s) or Service(s) in your order are temporarily out of stock or are not available at the time of your transaction (“Pre/back- order”) you understand and acknowledge that:
(a) The Disclosure will be calculated based upon the total of the Transaction at the time of your request (including any Good(s) or Service(s) on Pre/back order)(“Total Cost of Transaction”);
(b) The first payment due under the Disclosure will be calculated based on the Total Cost of Transaction;
(c) If your Good(s) or Services(s) on Pre/back Order ship before the end of the settlement window (within 14 days of making your purchase at most merchants), we will continue to charge you in accordance with the Disclosure;
(d) If your Good(s) or Service(s) on Pre/Back-order are not ready to be shipped before the end of the settlement window, we will:
(d)(a) Recalculate any payments due under the Disclosure by deducting the total cost of any Pre/Back order(s) that have not yet been shipped from the Total Cost of the Transaction (“Updated Disclosure”);
(d)(b) Refund you the difference if the amount you paid for the initial instalment exceeds the cost of goods already shipped from your Transaction (i.e. Total Cost of the Transaction minus Pre/back-order items that have not yet been shipped). Any amount that has been refunded will be added as part of any Concurrent Payment Schedule when the Good(s) or Service(s) ship;
(d)(c) Adjust any applicable fees; and
(d)(d) Notify you as soon as reasonably practicable of the Updated Disclosure (and associated Payment Schedule).
(d)(d)(i) When your Good(s) or Service(s) on Pre/Back order are ready to be shipped, we will: Create a separate Payment Schedule, starting on the day that the merchant ships the Good (you acknowledge and agree that this may entail you having multiple Payment Schedules occurring concurrently with different start dates)(“Subsequent Payment Schedule”);
(d)(d)(ii) Charge the first instalment owing under that Subsequent Payment Schedule on the day it is shipped;
(d)(d)(iii) Notify you of the Subsequent Payment Schedule (including the Disclosure for that Subsequent Payment Schedule) as soon as reasonably practicable (you understand and acknowledge that you may receive this notice after we have deducted the initial instalment under the Subsequent Payment Schedule).
You authorize Zip to deduct payments from your Payment Method for any Updated Disclosure and/or Subsequent Payment Schedule in accordance with this Agreement.
(e) If you have a Good or Service(s) on Pre/Back-order, and it is not shipped within twelve (12) months of your transaction, you understand and acknowledge that the Good will be cancelled, and you will not be charged for the Good via your Zip Account. The Retailer may require You to provide an alternative payment when the item is ready to be ships.
If a Good or Service(s) is Pre/Back- order, the total payments on all Payment Schedules relating to that Transaction (including any Concurrent Payment Schedules) will never exceed the total payments originally disclosed to you at the time that of your initial Zip Purchase (unless the item is subject to Post Checkout Update under section 2.1.7).
2.1.7 POST CHECKOUT UPDATE.
You acknowledge that there may be circumstances where the cost of your Transaction increases post checkout (“Post Checkout Update”). This may occur, for example, where there has been a change of address or shipping method resulting in an increase to the applicable tax rate.
If your Transaction is subject to a Post Checkout Update, you authorize Zip to:
(a) recalculate any payments due under the Disclosure (which may result in an increase to instalment owing under the Payment Schedule); (b) deduct payments in accordance with the updated Disclosure and this Agreement.
We will send you notice of any updated Disclosure, and associated Payment Schedule, as soon as reasonably practicable.
2.1.8. ADDITIONAL TERMS.
From time to time, we may offer or introduce services other than the Services, in which case, you will be notified of the terms and conditions applicable to such services (“Additional Terms”) in any associated documents or other materials provided to you from time to time by or on behalf of Zip. We may adjust, add, or delete services, including the Services, at any time and without notice to you. Zip is not offering any benefits to you hereunder other than the Services.
2.1.9. OPERATIONS.
Zip operates and controls the Services and your account from its offices in New York, New York. The services and information provided on the Services are not intended for and may not be appropriate or available for distribution to or use by any person or entity outside of the United States. You agree that you may not open an account if you are not located within the United States. If you attempt any other use of the Services outside of the United States, you are responsible for following applicable United States federal, state and/or local laws applicable to the Services.
2.2. NO WAIVER.
We may, with or without notice to you, delay or refrain from enforcing our rights under this Agreement without losing them or limiting our ability to exercise them in the future.
3.1. USING AND SHARING YOUR INFORMATION.
When you applied for an account, you gave, and by using your account or the Services you give, us, WebBank and our other partners and program sponsors information about yourself that we could share with each other and use. We may ask you for identifying documents to help us validate your identity. Zip reserves the right to close, suspend, or limit access to your account and/or the Services in the event we are unable to obtain or verify this information. More information about how we use and share information is set forth in the privacy policy applicable to your account.
3.2. AGREEMENT TO PROVIDE ACCURATE INFORMATION.
You agree that when you provide information to Zip, you will only and at all times provide true, accurate, current, non-misleading, and complete information, and you agree not to misrepresent your identity or any of your account information or related details. You further agree to keep your account information up to date and accurate. You represent that any phone number that you provide to us belongs to you and/or that you are authorized to provide that number. You must notify us promptly when you change your address or any phone number. We may also change your address if so notified by the post office or others.
3.3. CREDIT BUREAU REPORTING.
You authorize us to investigate your creditworthiness and to obtain consumer reports about you in connection with your application for the right to use our Services and for as long as your account is open and/or this Agreement is in effect. You authorize us to use such information and consumer reports, including without limitation, to preliminarily evaluate your application on behalf of WebBank, to service and collect your account, to review whether changes should be made to the terms of your account, and to consider you for offers for other products and services. Such products and services may include, but are not limited to:
(a) Optimized repayment timing;
(b) Real-time feedback (e.g., Estimated Spending Power, affordability coaching);
(c) Predictive servicing and proactive outreach to offer support, reminders, or adjustments to reduce stress;
(d) Financial planning tools like payday sync and purchase planning;
(e) Forecasting future cash flow to support planning and decision-making;
(f) Tracking financial progress and celebrating meaningful milestones; and
(g) Integrating financial data with wellness tools for holistic support.
3.4 YOUR SUBMITTED DATA.
You are wholly responsible for any data you transmit to the Website (“Submitted Data”), whether such data consists of pictures, art work, text, or other data types, such as audio, video, or multimedia. It is illegal to reproduce or distribute copyrighted material without the permission of the copyright owner or to use trademarks without the permission of the trademark owner. You are responsible for ensuring that no Submitted Data you transmit to the Website violates any copyright or trademark right, and that it complies with these Terms. Before transmitting Submitted Data to the Website, you should ensure that such Submitted Data is in the public domain and therefore not subject to copyright protection, or that you have the consent of the copyright or trademark owner to use the material. By uploading Submitted Data to the Website and/or by submitting Submitted Data for integration into any Zip Service or Product for processing, sharing, storage or fulfillment: (i) you grant us a limited, royalty free and non-exclusive license to use, adapt, transmit, transfer, store, copy and display the Submitted Data solely in connection with our providing products and/or services to you; and (ii) you represent and warrant to us that the Submitted Data is in the public domain; or that you have all right, title and interest in and to all copyrights in the Submitted Data, or that you have the express permission to copy and use such Submitted Data for all purposes related to the products you order through the Site. You further represent that the Submitted Data does not violate or infringe upon the proprietary rights (including privacy, moral or publicity rights) of others.
3.4.1 SUBMITTED DATA CONTENT POLICY AND ACKNOWLEDGEMENT.
You may not upload to the Website any material, whether text, images, or otherwise, that (a) infringes any copyright, trademark, right of privacy, right of publicity, or any other right of a third party, including without limitation, images of celebrities, actors, musicians, sports figures, politicians, cartoon characters or public figures of any kind; (b) is unlawful, threatening, abusive, libelous, defamatory, obscene, pornographic, profane or offensive to the community or to any reasonable segment thereof, or (c) phone numbers, addresses, account numbers, personalized identification numbers or URL addresses (collectively, “Inappropriate Content”). The content of the Submitted Data you submit is governed by applicable laws (including laws which prohibit infringement of copyrights and trademarks, obscenity, pornography, child pornography, or child abuse). We have no obligation to monitor the Submitted Data. However, we (and our licensees, suppliers, fulfillers, or otherwise any of our Third-Party associates) reserve the right at all times to review the Submitted Data, to disclose the Submitted Data as necessary to satisfy any laws, regulations or government requests and to report any potential violations of law to law enforcement authorities, to refuse to post or transmit the Submitted Data, to remove the Submitted Data, and to refuse to perform any orders for processing or fulfillment for Submitted Data that are, in our sole judgment and discretion, (or in the sole judgment and discretion of any of the entities described above), objectionable or in violation of these Terms. Any such violation may be considered by Zip in its sole discretion as sufficient grounds to suspend or delete your Account.
3.4.2 SUBMITTED DATA GUIDELINES.
Zip reserves the right to determine, at its sole discretion, whether Submitted Data will be accepted for incorporation into any Zip Goods or Services. If Zip does not approve the Submitted Data, we will notify you by email that your submission has been rejected. At such time you may submit another image for consideration in a subsequent order. In the event that the Submitted Data can be supported in multimedia formats, please consider that image files can be in .JPEG, .GIF, or .PNG formats; small images will reproduce poorly when printed, increasing the scale of your image may cause it to print poorly, the bigger the image you choose, the longer it will take to upload, and the time your image takes to upload depends on your own internet connection speed.
4.1. ACCESS TO YOUR ACCOUNT.
You are responsible for maintaining the secrecy of the login credentials to your Zip account. You agree to establish reasonable security procedures and controls to limit access to your password or other identifying information to authorized individuals, which includes choosing passwords and other credentials in a manner that will protect the security of your information. Your credentials include your username and password to your Zip account and to any third-party account you have used to log in to your Zip account. Please notify us immediately of the loss, theft, or possible unauthorized use of your account at us-support@care.zip.co. Pursuant to the Fair Credit Reporting Act (FCRA) Section 609(e), victims of identity theft may request a copy of records evidencing any transaction alleged to be a result of identity theft. To make such a request to Zip, your request must be made in writing and must be mailed to us-legal@zip.co or to Zip Co US Inc, 228 Park Ave S, PMB 59872, New York, New York 10003‑1502 US.
If you permit any person to use your account information, login, or other details with the authorization to obtain credit on your account, you will be liable for all transactions made by that person including transactions for which you may not have intended to be liable, even if the amount of those transactions causes your Estimated Spending Power to be exceeded. Further, you acknowledge and agree that you will not hold Zip responsible for, and will indemnify Zip from, any liability arising from the actions or inactions of this third party in connection with the permissions you grant.
4.2. COMMUNICATION & NOTIFICATION.
You agree that Zip may provide you communications about your account and the Zip services at any time electronically or through phone calls or in writing. Standard mobile, message, or data rates may apply and you are responsible for any such fees. Zip reserves the right to close or limit access to your account and immediately collect all due amounts if you withdraw your consent to receive electronic or other communications. Any electronic communications will be considered to be received by you within 24 hours of the time we email it to you or otherwise send it to your attention (such as via text message or other online notification). We may assume you have received any communications sent to you by postal mail 3 business days after we send them.
4.3. CONSENTS TO COMMUNICATE.
If we need to contact you, you give direct consent to us that we, as well as servicers, agents, contractors, and collectors of your account, may communicate with you in any way, such as calling, texting, or e-mail via:
Where you have provided a mobile phone number directly to us, you consent and agree to accept servicing calls and text messages to your mobile phone from us. For example, we may place calls to you about fraud alerts. For any telephone or mobile phone calls/communications, we place to you, you consent and agree that those calls may be automatically dialed including pre-recorded messages or texts.
Without limiting the foregoing, you consent to us, as well as any successor, assignee, or service provider, contacting you through any channel of communication and for any purpose, as permitted by applicable law. For informational, servicing, or collection-related communications, you agree that we may use the phone numbers that you provide to us to contact your cellular phone or wireless device with text messages, artificial or prerecorded voice calls, and calls made by an automatic telephone dialing system. This consent applies even if you are charged for the call under your plan. You are responsible for any charges that may be billed to you by your communications carrier when we contact you.
You also agree that these communications are not unsolicited for purposes of any state or federal law, and you understand that this may result in additional mobile, text message, or data charges. You may revoke any of your consents above, to the extent required by applicable law, by contacting us. Notwithstanding this provision, Zip’s delivery of any Disclosures governed by the Zip E-Sign Consent shall be governed by such Zip E-Sign Consent.
4.4. MONITORING AND RECORDING.
You understand and agree that Zip, any of its affiliates, or its marketing associates, or service providers may, without further notice or warning (unless required by applicable law) and in our discretion, monitor or record telephone conversations you or anyone acting on your behalf has with Zip or its agents for quality control and training purposes or for its own protection. You acknowledge and understand that, while your communications with Zip may be overheard, monitored, or recorded without further notice or warning, not all telephone lines or calls may be recorded by Zip, and Zip does not guarantee that recordings of any particular telephone calls will be retained or retrievable.
You may not sell, assign or transfer any of your rights or duties under this Agreement or your account. If your account is closed, you must stop using it. You must still pay the full amount you owe and this Agreement will remain in effect until you do.
5.1. You will be in default of this Agreement if you (i) default under any Loan Agreement, including by failing to make any required payment under a Loan in full by its Due Date; (ii) file or have instituted against you any bankruptcy or insolvency proceedings or make any assignment for the benefit of creditors; (iii) make any representation to us that is misleading, fraudulent, deceptive, or false; (iv) experience any MAC; or (v) you fail to abide by any term of this Agreement. In the event of a default, we may exercise all remedies available under applicable law.
5.2. WHAT WE MAY DO IF YOU ATTEMPT TO EXCEED YOUR ESTIMATED SPENDING POWER.
Your Estimated Spending Power is the potential amount available to you to request Loans using the Service and is evaluated on a transaction-by-transaction basis each time you request a Loan. Any amount shown on your account dashboard or otherwise as your “Estimated Spending Power” is merely indicative and not a guarantee that any attempt to use the Service will be approved. Loan requests must not exceed your Estimated Spending Power plus any outstanding Loan balances. Any Loan request which exceeds your Estimated Spending Power plus any previous Loan balances will not be permitted.
5.3. SUSPENSION OR CLOSURE OF YOUR ACCOUNT.
We may suspend or close your account or otherwise terminate your right to use your account. We may do this at any time and for any reason (including where we suspect fraudulent or suspicious activity in connection with your account). You may close your account at any time by contacting us at us-support@care.zip.co. Upon account closure, we will cancel any pending transactions unless otherwise legally prohibited. If you owe any payment, Zip will not close your account until that payment has been made, but we may limit your ability to make additional transactions using your account. You may not close your account to evade an investigation. You will remain liable for all obligations related to your account even after the account is closed. Zip will retain your information in accordance with our Privacy Policy.
5.4. DORMANT ACCOUNTS.
Zip may close your account if you do not log in to the Website or use the Services for two or more years. Zip will retain your information in accordance with our Privacy Policy.
5.5. REFUSAL TO HONOR YOUR ACCOUNT.
We may deny any transactions for any reason at our discretion. We are not liable for any refusal to honor your account.
5.6. ASSIGNMENT OR SALE.
We may at any time, and without notice to you, sell, assign or transfer your account, this Agreement, or our rights or obligations under your account or this Agreement to any person or entity. The person or entity to whom we make any such sale, assignment, or transfer shall be entitled to all of our rights and shall assume our obligations under this Agreement, to the extent sold, assigned, or transferred.
6.1. DISPUTES WITH ZIP.
If a dispute arises between you and Zip about your account, our goal is to provide you with a neutral and cost-effective means of resolving the dispute quickly. In the event of a dispute, we encourage you first to contact Zip at us-support@care.zip.co to try resolving your problem directly with us.
RESOLVING A DISPUTE WITH ARBITRATION PLEASE READ THIS SECTION CAREFULLY. IF YOU DO NOT REJECT IT, THIS SECTION WILL APPLY TO YOUR ACCOUNT, AND MOST DISPUTES BETWEEN YOU AND US WILL BE SUBJECT TO INDIVIDUAL ARBITRATION. THIS MEANS THAT: (1) NEITHER A COURT NOR A JURY WILL RESOLVE ANY SUCH DISPUTE; (2) YOU WILL NOT BE ABLE TO PARTICIPATE IN A CLASS ACTION OR SIMILAR PROCEEDING; (3) LESS INFORMATION WILL BE AVAILABLE; AND (4) APPEAL RIGHTS WILL BE LIMITED. What claims are subject to arbitration: 1. If either you or we elect to use arbitration and make a demand for arbitration, then you and we must arbitrate any dispute or claim between you or any other user of your account, and us, our affiliates, agents, and/or dealers/merchants/Retailers that accept payment using any Service or the virtual card, except as noted below. 2. We will not require you to arbitrate any individual case in small claims court or your state’s equivalent court, so long as it remains an individual case in that court. However, if you respond to the collection lawsuit by claiming any wrongdoing for which a small claims court or your state’s equivalent court would not have jurisdiction, we may require the arbitration of both your claim and ours. 3. Notwithstanding any other language in this section, only a court, not an arbitrator, will decide disputes about the validity, enforceability, coverage, or scope of this section or any part thereof (including, without limitation, the next paragraph of this section and/or this sentence). However, any dispute or argument that concerns the validity or enforceability of the Agreement as a whole is for the arbitrator, not a court, to decide.
6.2. NO CLASS ACTIONS.
YOU AGREE NOT TO PARTICIPATE IN A CLASS, REPRESENTATIVE, OR PRIVATE ATTORNEY GENERAL ACTION AGAINST US IN COURT OR ARBITRATION. ALSO, YOU MAY NOT BRING CLAIMS OR COUNTERCLAIMS AGAINST US ON BEHALF OF ANY ACCOUNT HOLDER WHO IS NOT AN ACCOUNT HOLDER ON YOUR ACCOUNT, AND YOU AGREE THAT ONLY ACCOUNT HOLDERS ON YOUR ACCOUNT MAY BE JOINED IN A SINGLE ARBITRATION WITH ANY CLAIM YOU HAVE. If a court determines that this paragraph is not fully enforceable, only this sentence will remain in force and the remainder will be null and void, and the court’s determination shall be subject to appeal. This paragraph does not apply to any lawsuit or administrative proceeding filed against us by a state or federal government agency even when such agency is seeking relief on behalf of a class of borrowers, including you. This means that we will not have the right to compel arbitration of any claim brought by such an agency.
6.3. HOW TO START AN ARBITRATION, AND THE ARBITRATION PROCESS.
The party who wants to arbitrate must notify the other party in writing. This notice can be given after the beginning of a lawsuit or in papers filed in the lawsuit. Otherwise, your notice must be sent to Zip Co US Inc., Legal Operations, 228 Park Ave S, PMB 59872, New York, New York 10003-1502, ATTN: ARBITRATION DEMAND. The party seeking arbitration must select an arbitration administrator, which can be either the American Arbitration Association (AAA), 120 Broadway, Floor 21, New York, NY 10271, www.adr.org, 1-800-778-7879, or JAMS, 620 Eighth Avenue, 34th Floor, New York, NY 10018, www.jamsadr.com, 1-800-352-5267. If neither administrator is able or willing to handle the dispute, then the court will appoint an arbitrator. If a party files a lawsuit in court asserting claim(s) that are subject to arbitration and the other party files a motion with the court to compel arbitration, which is granted, it will be the responsibility of the party asserting the claim(s) to commence the arbitration proceeding. The arbitration administrator will appoint the arbitrator and will tell the parties what to do next. The arbitrator must be a lawyer with at least ten years of legal experience. Once appointed, the arbitrator must apply the same law and legal principles, consistent with the FAA, that would apply in a court, but may use different procedural rules. If the administrator’s rules conflict with this Agreement, this Agreement will control. The arbitration will take place by phone, video conference, or at a reasonably convenient location. If you ask us to, we will pay all the fees the administrator or arbitrator charges. We will always pay your costs, to the extent you prevail on claims you assert against us in an arbitration proceeding.
6.4. GOVERNING LAW FOR ARBITRATION.
This Arbitration section of your Agreement is governed by the Federal Arbitration Act (FAA). New York law shall apply to the extent state law is not preempted and otherwise relevant under the FAA. The arbitrator’s decision will be final and binding, except for any appeal right under the FAA. Any court with jurisdiction may enter judgment upon the arbitrator’s award.
6.5. EXCEPTIONS TO INFORMAL NEGOTIATIONS AND ARBITRATION.
You and Zip agree that the following disputes are not subject to the above provisions concerning informal negotiations and binding arbitration: (1) any disputes seeking to enforce or protect, or concerning the validity of, any of your or Zip’s intellectual property rights; and (2) any claim for injunctive relief.
6.6. RIGHT TO REJECT ARBITRATION.
You may reject this arbitration provision by mailing a special rejection notice to Zip at us-support@care.zip.co. You must sign the rejection notice, affirmatively state that you do not want arbitration to apply to this Agreement and provide your name, address, telephone number, and account number. We must receive your rejection notice within 60 days after the date that you first consent to this Agreement. You may not reject arbitration by phone or by any method other than the method described above. If you reject this arbitration provision, it will not affect any other provision of the Agreement.
7.1. ENFORCEABILITY AND GOVERNING LAW.
The failure or delay of Zip to exercise or enforce any right or provision of this Agreement does not constitute a waiver of such right or provision and does not prevent Zip from later exercising such right or provision. This Agreement sets forth the entire understanding between you and Zip with respect to the Services. If any provision of this Agreement is held to be unenforceable, the unenforceable term or provision shall be replaced by an enforceable term or provision that comes closest to the intention underlying the unenforceable term or provision and the remaining provisions shall be enforced. To the extent that anything in or associated with the Services is in conflict or inconsistent with this Agreement, this Agreement shall take precedence.
The loans made by WebBank in connection with your use of the Service are governed by the Loan Agreement, not this Agreement, All other aspects of your access to, and use of, the Services (including the terms of this Agreement), as between you and Zip, are governed by the laws of the State of New York (without regard to conflicts of laws principles).
7.2. INTELLECTUAL PROPERTY.
All content, design, graphics, compilation, magnetic translation, digital conversion, and other matters relating to the Services are protected under applicable copyrights, trademarks, and other proprietary rights (including but not limited to intellectual property rights) and owned by Zip or one of its affiliates. The copying, redistribution, use, or publication by you of any part of the Services, unless expressly permitted in this Agreement, is strictly prohibited. Use of the Services does not give you ownership of any intellectual property rights in any of the content, documents, or other materials you access. The sharing or posting of information or materials on the Services does not constitute a waiver of any right in such information and materials.
7.3. TRADEMARK.
“Zip” is the marketing name for certain activities provided by Zip Co US, Inc. as operator of the Services. In the United States, the registered trademarks associated with the Services are owned by Zip Co US, Inc.’s parent company Zip Co Ltd. “Zip” and “Buy with Zip” are trademarks of Zip Co Ltd., as are all other names, logos, and slogans associated with Zip products and services. Other featured words or symbols may be the trademarks of their respective owners.
7.4. INDEMNIFICATION.
You agree to indemnify, defend and hold harmless Zip, their respective affiliates, and their and their affiliates’ respective officers, directors, employees, agents, representatives, successors, and assigns from any and all claims, debts, losses, liabilities, demands, obligations, costs, expenses (including reasonable attorneys’ fees), fines, penalties, actions and causes of action, judgments (collectively, “Losses”) and threatened Losses arising from or in connection with your use of the Services or violation of this Agreement.
7.5. WARRANTY.
NONE OF ZIP OR ANY OF THEIR AFFILIATES MAKE ANY COMMITMENTS OR WARRANTIES ABOUT THE CONTENT, RELIABILITY, OR AVAILABILITY OF THE SERVICES OR FOR ANY BREACH OF SECURITY ASSOCIATED WITH THE TRANSMISSION OF SENSITIVE INFORMATION THROUGH THE SERVICES. EACH OF WEBBANK, ZIP AND THEIR AFFILIATES DISCLAIMS, WITHOUT LIMITATION, ANY WARRANTY OF ANY KIND WITH RESPECT TO THE SERVICES, INCLUDING ANY WARRANTY REGARDING NON- INFRINGEMENT, MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSE. NONE OF , ZIP OR THEIR AFFILIATES SHALL BE RESPONSIBLE FOR ANY SERVICE INTERRUPTIONS, INCLUDING, BUT NOT LIMITED TO, SYSTEM FAILURES OR OTHER INTERRUPTIONS THAT MAY AFFECT THE RECEIPT, PROCESSING, ACCEPTANCE, COMPLETION, OR SETTLEMENT OF PAYMENT TRANSACTIONS OR THE SERVICES.
7.6. LIMITATION OF LIABILITY.
ZIP AND ITS AFFILIATES HAVE NO LIABILITY WHATSOEVER FOR YOUR USE OF ANY PRODUCT AVAILABLE FROM OR THROUGH THE WEBSITE OR ANYONE’S (INCLUDING YOUR) USE OF THE SERVICES. IN PARTICULAR, BUT NOT AS A LIMITATION THEREOF, ZIP AND ITS AFFILIATES ARE NOT LIABLE FOR ANY COMPENSATORY, DIRECT, INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES (INCLUDING DAMAGES FOR LOSS OF BUSINESS, LOSS OF PROFITS, LITIGATION, OR THE LIKE), WHETHER BASED ON BREACH OF CONTRACT, BREACH OF WARRANTY, TORT, PRODUCT LIABILITY OR OTHERWISE; NOR ARE THEY LIABLE.
FOR ANY THIRD PARTY CLAIMS OF ANY NATURE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR CLAIMS. NONE OF THE SERVICES WOULD BE PROVIDED WITHOUT SUCH LIMITATIONS. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, YOU OBTAIN FROM US FROM OR THROUGH THE WEBSITE OR SERVICES SHALL CREATE ANY WARRANTY, REPRESENTATION, OR GUARANTEE NOT EXPRESSLY STATED IN THIS AGREEMENT. NEITHER ZIP NOR ITS AFFILIATES SHALL HAVE ANY LIABILITY FOR ANY FAILURE OR DELAY RESULTING FROM ANY CONDITION BEYOND THE REASONABLE CONTROL OF SUCH PARTY.
7.7. LIMITATIONS PERIOD.
You and Zip both agree unless prohibited by law, that regardless of any statute of limitations period providing for a longer period, any claim or cause of action arising out of or related to use of the Services, Terms of Use, or Privacy Policy must be filed within ONE (1) YEAR after such claim or cause of action arose, regardless of when discovered or be forever barred.
7.8. THIRD-PARTY BENEFICIARIES.
This Agreement is between you and Zip. No user has any right to force Zip to enforce any rights it may have against you or any other user. There are no third-party beneficiaries aside from the terms expressly referencing WebBank in this Agreement.
7.9. COVERED BORROWERS UNDER THE MILITARY LENDING ACT.
If you are a “covered borrower” as defined under 32 C.F.R. § 232.3(g) and you have received “consumer credit” as defined under 32 C.F.R. § 232.3(f) in connection with your account, then the following applies: Important Disclosure: Federal law provides important protections to members of the Armed Forces and their dependents relating to extensions of consumer credit. In general, the cost of consumer credit to a member of the Armed Forces and his or her dependent may not exceed an annual percentage rate of 36 percent. This rate must include, as applicable to the credit transaction or account: The costs associated with credit insurance premiums; fees for ancillary products sold in connection with the credit transaction; any application fee charged (other than certain application fees for specified credit transactions or accounts); and any participation fee charged (other than certain participation fees for a credit card account). To obtain an oral statement regarding the Military Annual Percentage Rate and a description of the payment obligation, Military Lending Act covered borrowers may call: 1-888-215-2785. Note that this line is pre-recorded and does not accept voicemail.