You understand, acknowledge and agree that the following General Terms and Conditions shall apply when you use the Down Payment Platform:
- Certain Terms Defined: The following terms shall have the following definitions when used in these General Terms and Conditions: (a) the term “Contract” shall mean the motor vehicle lease agreement (for leased vehicles) or motor vehicle retail installment contract (for purchased vehicles), together with all ancillary documents, you signed to lease or purchase the Vehicle; (b) the term “Vehicle” means the motor vehicle you are leasing or purchasing pursuant to and as specified in your Contract; (c) the term “Down Payment” shall mean the initial payment you owe at the time you enter into your Contract in the amount specified therein, whether it be referenced in your Contract as a down payment, amount due at lease signing or delivery, or amount due at signing or delivery; and (d) the term “Down Payment Platform” shall mean the system(s), program(s), software and/or platform(s) that are operated by a third-party vendor(s), including but not limited to FiTech, PayTrace, and/or goEmerchant, to process your down payment for your Vehicle.
- Down Payment: You are required to make the Down Payment specified in your Contract. The failure to timely make the Down Payment will be a violation of your Contract and may subject you and your Vehicle to legal action. You represent and agree that you will only input account information for an account in which you are the account holder or an authorized agent for the account or account holder. You represent and agree that you will only input accurate and complete account information necessary to process your Down Payment. You represent and warrant that the information you input and your use of the Down Payment Platform will not violate any law, statute or regulation relating to money laundering or any other illegal activity.
- Inputting Payment Information: You are solely responsible for inputting all information, including account information, into the Down Payment Platform that is necessary to make and process the Down Payment specified in Your Contract. D&M Leasing, Dallas Lease Returns (“DLR”) and/or their affiliates, are not responsible for inputting your information or making sure that you have inputted your information correctly. Further, D&M Leasing, DLR and/or their affiliates will not input your information into the Down Payment Platform. You should never allow another person to input your personal payment information into the Down Payment Platform.
- Charging Your Account: By using the Down Payment Platform, you authorize the Down Payment Platform to debit or charge your bank account or credit card for the amount of the Down Payment specified in your Contract. You understand and acknowledge that your Down Payment will be debited or charged to your account on or about the same day you make your payment through the Down Payment Platform.
- No Monthly Payment Processing: The Down Payment Platform will only be used to process the Down Payment specified in your Contract. You are NOT signing up for a recurring or automated monthly plan through the Down Payment Platform. All monthly and/or installment payments owed under your Contract shall be made separately and in accordance with the terms of your Contract.
- Receipt for Payment: You authorize D&M Leasing and/or DLR to request from the Down Payment Platform a copy of your receipt or other proof showing that you made your Down Payment. Additionally, you agree to provide D&M Leasing and/or DLR with a copy of your Down Payment receipt (which you will receive from the Down Payment Platform), upon request from D&M Leasing or DLR.
- Contract is Controlling: You understand that all terms and conditions of your Contract remain in effect and in full force, and nothing herein modifies, amends, alters or replaces any term and/or condition of your Contract, including but not limited to your obligation to make your monthly and/or installment payments in accordance with the terms of your Contract.
- Limitation of Liability: You understand, acknowledge and agree that the Down Payment Platform is not owned, controlled, operated or managed by D&M Leasing, DLR or their affiliates. You also understand, acknowledge and agree that, since you will be inputting your account information directly into the Down Payment Platform, D&M Leasing, DLR and their affiliates will not have access to your account information. Further, you understand, acknowledge and agree that the Down Payment Platform is solely responsible for using, securing, disposing of and protecting the account and personal information you input. You specifically understand, acknowledge and agree that D&M Leasing, DLR and/or its affiliates have not control whatsoever over the security and protection of your information that you input into the Down Payment Platform. As such, you understand and agree that D&M Leasing, Four Stars, DLR, and their affiliates are not liable in anyway whatsoever for your use of the Down Payment Platform, for any inaccurate charges to your account due to your use of the Down Payment Platform, for any action they might take due to any delay or failure of delivery of your down payment through the Down Payment Platform, OR FOR ANY SECURITY OR DATA BREACHES INCURRED OR SUSTAINED BY THE DOWN PAYMENT PLATFORM. Further, you understand and agree that in no event and under no circumstances shall D&M Leasing, Four Stars, Dallas Lease Returns or their affiliates be liable to you for any direct, indirect, incidental, consequential, speculative or punitive damages relating to or arising from your use of the Down Payment Platform.
- Service Charges and Fees: You are responsible for paying the Down Payment specified in your Contract. You owe no additional charges or fees except as specified in your Contract. However, you understand and agree that you are solely responsible for any service charges, surcharges, and/or fees that your bank, financial institution or credit card issuer may charge for using your account to make your Down Payment through the Down Payment Platform.
- No Representations or Warranties: D&M Leasing and DLR makes no representations or warranties concerning the Down Payment Platform or its performance, and D&M Leasing and DLR expressly disclaim and exclude all warranties, express or implied, oral or written, statutory or otherwise, including the warranties of merchantability, fitness for a particular purpose, suitability, quality, interference or infringement.
- Governing Law: These General Terms and Conditions are governed by and subject to the laws of the State of Texas.
- Severability: If any one or more of the provisions contained in these General Terms and Conditions is for any reason held to be invalid, illegal or unenforceable in any respect, such invalidity, illegality or unenforceability, to the extent possible, will not affect any other provision of the General Terms and Conditions. Moreover, so far as is reasonable and possible, effect will be given to the intent manifested by the portion held invalid, illegal or unenforceable.