General Terms of Service
Last updated July 10, 2023
PLEASE READ THESE GENERAL TERMS OF SERVICE (“GENERAL TERMS”) CAREFULLY. BY ACCESSING AND USING THIS WEBSITE OR THE PEACH SERVICES, YOU AGREE TO BE BOUND BY THESE GENERAL TERMS. THESE GENERAL TERMS ARE SUBJECT TO CHANGE. ANY CHANGES WILL BE POSTED TO THIS WEBSITE FROM TIME TO TIME. IF YOU DO NOT AGREE TO THE GENERAL TERMS STATED HEREIN, PLEASE EXIT THIS WEBSITE OR THE PEACH SERVICES IMMEDIATELY.
You are currently viewing www.peachfinance.com or the Peach mobile application (“Site”), a website and mobile application owned and operated by Peach Finance Inc., a Delaware corporation (“Peach”). This Site and any of the services provided by Peach in connection with this Site (“Services”) are provided expressly subject to the General Terms stated herein. By accessing the Site or the Services, you (“User,” “you,” “your”) acknowledge that you have read, understand, and agree to be bound by these General Terms. If any provision contained in these General Terms conflicts with a provision contained in another agreement that you enter into with Peach, the provision of the other agreement shall govern with respect to that specific aspect of the Site or Services.
Changes and Modifications
Peach reserves the right in its sole discretion to temporarily or permanently change, o modify these General Terms, or discontinue the Site, or any portion of the Site or Services, for any reason, at any time without notice to you. Please review these General Terms from time to time because your continued access or use of the Site or the Services after any modifications have become effective shall be deemed your conclusive acceptance of the modified General Terms.
This Site and the Services are intended for individuals who are at least eighteen (18) years of age, and any access by an individual who is under the age of eighteen (18) is in violation of these General Terms. If you are under 18, please exit this Site or the Services now. By using the Site or Services, you represent that you are at least eighteen (18) years or older, and that you agree to abide by all of the terms and conditions of these General Terms. Unauthorized use of the Site or Services, including unauthorized access of Peach’s systems and misuse of passwords or Site information is strictly prohibited. If you violate any of these General Terms or any other agreement between you and Peach, then Peach may restrict, suspend, or terminate your access to any portion or all of the Site and Services without notice.
Service Rights and Restrictions
All material and content on this Site or the Services including but not limited to text, data, articles, designs, software, photos, images, intellectual property, and other information (collectively the “Site Content”) are the proprietary property of Peach or its licensors with all rights reserved. Site Content may not be copied, reproduced, distributed, republished, displayed, posted, transmitted, or sold in any form or by any means without the content owner’s express prior written consent. You acknowledge that all Site Content is and shall remain the sole property of Peach, unless such data is owned by a licensor in accordance with a separate agreement with Peach. You may only access the Site and use the Services for their intended purpose, and any use of the Site or Services that is not expressly authorized herein is strictly prohibited.
If you submit comments, ideas, or feedback to us, you agree that we can use them without any restriction or compensation to you. If we incorporate your submission, we do not waive any rights to use similar or related ideas or feedback previously known to us, developed by our employees or agents, or obtained from sources other than you.
Nothing on this Site or the Services should be construed as granting the User any license or right to use any trademark, whether owned by Peach or a third party, displayed on the Site, without prior written approval of the trademark owner. You may not use, copy, duplicate, display, distribute, modify or reproduce any content on the Site or the Services including any text, images, logos, trademarks, or other intellectual property content contained on the Site without the prior express written consent of the content’s or trademark’s owner.
Consent to Conduct Business Electronically
Because Peach operates online and conducts its business through the internet, you must consent to receive all disclosures, notices, documents, agreements, and information associated with the Services (“Communications”) electronically in order to transact business with us. This section informs you of your rights when receiving electronic Communications from Peach.
Electronic Communications. You agree that Peach, its agents and representatives, may provide all Communications to you electronically via email or through our Site or the Services.
Hardware and Software Requirements. In order to receive electronic Communications, you must have the following: (1) access to the internet; (2) an active email account; (3) software capable of receiving email through the internet; (4) supported web browsing software; and (5) hardware capable of running this software.
Withdrawing Consent. You may withdraw your consent to receive future Communications electronically by changing your settings the Peach borrower portal, or by sending an email to email@example.com with the subject line of "Withdraw Electronic Consent" and including your full name, postal address, email address, and telephone number in the body of the email. Your withdrawal of consent will be effective only after we have had a reasonable period to process your request.
Telephone Communications. By accepting these General Terms, you expressly consent to be contacted by us, our agents, representatives, affiliates, or anyone calling on our behalf for any and all purposes, at any telephone number, or physical or electronic address you provide to us. You agree we may contact you in any way including SMS text messages, calls using prerecorded messages or artificial voice, and calls and messages delivered using an automated telephone dialing system or an automated texting system. Automated messages may be played when the telephone is answered, whether by you or someone else. In the event that an agent or representative calls, he or she may also leave a message on your answering machine, voice mail, or via text.
You consent to receive SMS messages (including text messages), calls and messages (including prerecorded and artificial voice and autodialed) from us, our agents, representatives, affiliates or anyone calling on our behalf at the specific number(s) you have provided to us, or number(s) we can reasonably associate with your account (through skip tracing, caller ID capture, or other methods), with information or questions about your application, loan and/or account. You certify, warrant and represent that the telephone numbers that you have provided to us are your numbers and not someone else’s. You represent that you are permitted to receive calls at each of the telephone numbers you have provided to us. You agree to alert us whenever you stop using a particular telephone number.
MARKETING CALLS AND TEXTS: We will not use autodialed or prerecorded calls or texts to contact you for marketing purposes unless you provide us with prior express written consent. If you have provided consent to receive marketing calls, you agree that Peach’s employees, agents, and representatives may use autodialed or pre-recorded phone calls and SMS text messages to contact your mobile phone at the number you provide for the purpose of describing goods and services that may be of interest to you, whether offered by Peach, affiliates, or third parties. This consent for telemarketing calls shall remain in effect until you revoke it. Your consent to receive telephone communications is not a condition of obtaining a loan and may be revoked at any time by email at firstname.lastname@example.org or by writing to us at Peach Finance Inc. c/o Customer Support Team, 490 43rd Street #10, Oakland, CA 94609, or by calling us at (888) 517-3224. Standard calling and text messaging rates will apply, based on your cellular telephone carrier and service plan.
Changes in Contact Information. Please keep us informed of any changes in you contact information so that you can continue to receive timely electronic Communications from us. You may update your contact information by emailing email@example.com or by writing to us at Peach Finance, Inc. c/o Customer Support Team, 490 43rd Street #10, Oakland, CA 94609, or by calling us at (888) 517-3224.
If you believe that any material on the Site or the Services infringes upon any copyright that you own or control, you may send a written notification to us via email at firstname.lastname@example.org or via regular mail at Peach Finance, Inc. c/o Customer Support Team, 490 43rd Street #10, Oakland, CA 94609. In your notification, please:
Confirm that you are the owner, or authorized to act on behalf of the owner, of the copyrighted work that you believe has been infringed;
Identify the copyrighted work or works that you claim have been infringed;
Identify the material that you claim is infringing or is the subject of infringing activity and that is to be removed (please include information reasonably sufficient to permit us to locate the material);
Provide your contact details, including an email address; and
Provide a statement that the information you have provided is accurate and that you have a good-faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent or the law.
Links to Third-Party Sites
We are not responsible for the information practices employed by sites linked to or from the Site or Services. Since third-party websites may have different privacy policies and/or security standards governing their sites, we advise you to review the privacy policies and terms and conditions of those sites prior to providing any personal information.
Disclaimer of Warranties
PEACH PROVIDES THE SITE AND SERVICES “AS IS” AND “AS AVAILABLE” WITHOUT ANY EXPRESS OR IMPLIED WARRANTIES INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. ADDITIONALLY, PEACH MAKES NO CLAIM OR GUARANTEE AS TO THE ACCURACY OF ANY INFORMATION PROVIDED OR SITE CONTENT.
THE SITE INFORMATION AND AVAILABILITY OF THE SITE AND SERVICES ARE SUBJECT TO CHANGE WITHOUT NOTICE. WE DO NOT REPRESENT OR GUARANTEE THAT THE SITE OR SERVICES WILL BE AVAILABLE OR FREE FROM LOSS, ATTACK, HACKING OR OTHER SECURITY INTRUSION, AND WE EXPRESSLY DISCLAIM LIABILITY FOR ANY SECURITY-RELATED LOSSES OR DAMAGES.
Limitation of Liabilities
IN NO EVENT WILL PEACH OR ITS DIRECTORS, OFFICERS, EMPLOYEES, OR AGENTS BE LIABLE TO YOU OR TO ANY OTHER PARTY FOR LOST PROFITS OR ANY OTHER SPECIAL, CONSEQUENTIAL, INCIDENTAL, OR INDIRECT DAMAGES ARISING FROM YOUR USE OF THE SITE OR SERVICES, EVEN IF PEACH IS AWARE OR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. TO THE EXTENT ALLOWED BY APPLICABLE LAW, PEACH’S LIABILITY TO YOU FOR ANY CAUSE OF ACTION REGARDLESS OF FORM WILL AT ALL TIMES BE LIMITED TO THE AMOUNT PAID BY YOU TO PEACH, IF ANY, AND IN NO CASE SHALL PEACH’S LIABILITY TO YOU EXCEED ONE HUNDRED DOLLARS ($100.00 USD).
You agree to indemnify, defend, and hold harmless Peach and its affiliates, officers, directors, employees, agents, and representatives for damages, losses, liabilities, settlements and expenses (including without limitation costs and attorneys’ fees), arising in connection with any claim, allegation, suit, proceeding, or other action arising from your use of the Site or Services, your conduct in connection with your use of the Site or Services, or any violation of these General Terms or any other agreement, or of any law or the rights of any third party.
Choice of Law; Jurisdiction and Venue
These General Terms shall be governed by the laws of the State of California without regard to any conflict of laws provision. You irrevocably consent to the exclusive jurisdiction and venue of the United States District Court for the Northern District of California in connection with any dispute or the enforcement of any right arising from these General Terms.
If any provision of these General Terms is held by a court of competent jurisdiction to be unenforceable for any reason, such provision shall be changed and interpreted so as to best accomplish the objectives of the original provision to the fullest extent allowed by law and the remaining provisions of these General Terms shall remain in full force and effect.
Peach’s failure or delay in exercising any right, power, or remedy under these General Terms shall not operate as a waiver of any such right, power, or remedy.
Unless expressly authorized by Peach, these General Terms, and any rights and licenses granted hereunder, may not be transferred or assigned by you and any attempted transfer or assignment will be null and void.
If you have questions, comments, or complaints regarding these General Terms, the Site, or Services, you may call (888) 517-3224, email us at email@example.com, or write to Peach Finance Inc. c/o Customer Support Team, 490 43rd Street #10, Oakland, CA 94609.