ADVANTAGES PAY PLUS TERMS AND CONDITIONS
- “Customer” means the person named in the Enrollment Application.
- “Designated Bank Account” means the bank account identified in Customer’s Enrollment Application.
- “Enrollment Application” means an Advantages Pay Plus Enrollment Application.
- “Rhodes Mobile App” means the Rhodes 101 To Go! mobile phone application.
- “Payment Card” means the proprietary Advantages Pay Plus card issued by Rhodes upon acceptance of Customer’s Enrollment Application.
- “Rhodes” means PAJCO, Inc. d/b/a Rhodes 101 Convenience Stores and Mercato di Rodi.
- “Service” means the use of a Payment Card or the Rhodes Mobile App to pay for fuel through ACH transfer from a Designated Bank Account at a Rhodes location, and those other services provided by Rhodes as described herein.
2. General. This Agreement is made by and between Rhodes and Customer for the use of the Service, as described more fully herein. By enrolling in and using the Service, Customer agrees to be bound by the terms and conditions of this Agreement. Customer
has read and understands this Agreement and intends to form a legal and binding contract with Rhodes. Any rights not expressly granted herein are reserved by Rhodes.
3. Description of Service. Rhodes has developed the Payment Card and Rhodes Mobile App to facilitate a method of payment for purchases of fuel by customers at Rhodes locations. Customer’s use of the Payment Card and/or Rhodes Mobile App for payment of a transaction will result in an electronic transfer of funds in the amount of the transaction total and any associated fees from Customer’s Designated Bank Account to Rhodes via ACH transfer.
4. Enrollment Requirements. Customer must be 18 or older in order to use the Service. To enroll in the Service, Customer must first fill out and submit an Enrollment Application. A valid and functional email address must be provided. Upon completion of the Enrollment Application and acceptance by Rhodes, Customer will become eligible to use the Service. In order to verify Customer’s identity and account information, Rhodes will make a small direct deposit to Customer’s Designated Bank Account. Customer must verify these deposit amounts with Rhodes before becoming eligible to use the Service. After the deposits have been verified, Customer will receive an approval communication from Rhodes indicating that Customer may begin using the Service. Customer may initiate payment through the Service by using either a properly issued Payment Card or the Rhodes Mobile App. Rhodes will issue a Payment Card to Customer upon approval of the Enrollment Application. Customer may choose to receive the Payment Card by mail or may pick up the Payment Card at the Rhodes corporate offices, 1620 North Kingshighway, Cape Girardeau, MO. The Rhodes Mobile App may be downloaded to a smartphone from either Google Play or the Apple App Store. Both the Payment Card and Rhodes Mobile App require Customer to use a 4-digit PIN number in connection with the Service. Customer will use the PIN number to access account information and initiate payments. Customer should not share the PIN number with anyone. For detailed information regarding setting up an account and using the Service, please visit advantages.rhodes101.com, or call 573-334.7733 or email Rhodes at email@example.com. Customer agrees to (a) provide true, accurate, current and complete information as prompted by the Enrollment Application and (b) maintain and promptly update such information to keep it true, accurate, current and complete. If Customer provides any information that is untrue, inaccurate, not current or incomplete, or if Rhodes has reasonable grounds to suspect that such data is untrue, inaccurate, not current or incomplete, Rhodes has the right to suspend or terminate the Service and refuse any and all current or future use of the Service (or any portion thereof). By enrolling in and using the Service, in addition to the terms of this Agreement, Customer agrees to comply with all applicable federal, state/provincial and local laws, rules and regulations.
5. Authorized Transactions. The Payment Card and Mobile Application are linked to Customer’s Designated Bank Account. By using the Payment Card or Mobile Application, Customer authorizes Rhodes to initiate an ACH transfer request for the full amount of the transaction and any associated fees from Customer’s Designated Bank Account. Customer represents and warrants that he/she is the owner of and will maintain the Designated Bank Account and have sufficient funds in the Designated Bank Account for any and all purchases at the time of such purchase and at the time the ACH transfer request is made. Customer understands that an ACH transaction may take up to three (3) business days to post to the Designated Bank Account. Unless otherwise provided herein, Rhodes will electronically re-initiate any returns (i) for insufficient funds; (ii) for uncollected funds; (iii) if the entry was returned for stopped payment and re-initiation was authorized by Customer; or (iv) if Rhodes or any originating bank took corrective action to remedy the reason for any return.
6. Returned Item Charges. If Customer’s payment is returned unpaid, Customer authorizes Rhodes to make a one-time electronic fund transfer from the Designated Bank Account to collect a fee of equal to the amount assessed to Rhodes by the depository bank. Customer’s authorization will remain in effect until this Agreement is terminated or until Rhodes terminates the Service.
7. NACHA Operating Rules. Customer agrees to be bound by all applicable National Automated Clearing House Association (“NACHA”) Operating Rules.
9. Proprietary Rights. The Payment Card and Rhodes Mobile App are and shall remain the property of Rhodes. The Payment Card and Rhodes Mobile App are non-transferable and can be cancelled, repossessed or revoked by Rhodes at any time without prior notice subject to applicable law.
10. Unauthorized Transactions of Access. It is imperative that Customer keep all information associated with use of the Service, including Customer’s PIN number, confidential. Customer must immediately notify Rhodes and the bank associated with Customer’s Designated Bank Account if Customer has reason to believe any of the following activities have occurred: (a) there has been an unauthorized transaction from Customer’s Designated Bank Account; (b) there has been an unauthorized access to Customer’s Designated Bank Account; (c) the security or confidentiality of Customer’s PIN or other confidential information has been compromised; (d) Customer’s cell phone associated with the Service has been lost, stolen or deactivated; or (e) someone has transferred or may transfer money from Customer’s Designated Bank Account using the Service without Customer’s permission. Customer may contact Rhodes by calling customer service at 573-334-7733.
11. Account Reconciliation. Customer should notify the bank associated with the Designated Bank Account immediately in the event there is any discrepancy on Customer’s Designated Bank Account. Failure to notify the bank in a timely manner could result in an inability to recover any amounts. In addition to notifying the bank, Customer should notify Rhodes immediately in the event of any discrepancies or
improper charges on Customer’s Designated Bank Account.
12. Limitations of Liability. RHODES SHALL NOT BE LIABLE FOR ANY CONSEQUENTIAL, SPECIAL, INCIDENTAL, PUNITIVE OR INDIRECT LOSS OR DAMAGE THAT CUSTOMER MAY INCUR OR SUFFER IN CONNECTION WITH THIS AGREEMENT OR CUSTOMER’S USE OF THE SERVICE, WHETHER OR NOT THE LIKELIHOOD OF SUCH DAMAGES WAS KNOWN OR
CONTEMPLATED BY CUSTOMER AND REGARDLESS OF THE LEGAL OR EQUITABLE THEORY OF LIABILITY THAT CUSTOMER MAY ASSERT, INCLUDING, WITHOUT LIMITATION, LOSS OR DAMAGES FROM LOSS OF BUSINESS, PROFITS, OR SUBSEQUENT WRONGFUL DISHONOR RESULTING FROM RHODES’S ACTS OR OMISSIONS PURSUANT TO THIS AGREEMENT. RHODES’S LIABILITY UNDER THIS AGREEMENT FOR ALL DIRECT AND PROVEN DAMAGES FOR ALL CLAIMS SHALL NOT EXCEED $500 DOLLARS IN THE AGGREGATE.
13. Warranty Disclaimer. THE SERVICE IS PROVIDED “AS IS” AND RHODES MAKES NO WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING ANY IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE IN CONNECTION WITH THE SERVICE PROVIDED UNDER THIS AGREEMENT. RHODES DOES NOT AND CANNOT WARRANT
THAT THE SERVICE WILL OPERATE WITHOUT ERRORS, OR THAT THE SERVICE WILL BE AVAILABLE AT ALL TIMES. RHODES IS NOT RESPONSIBLE FOR THE QUALITY, SAFETY, LEGALITY OR ANY OTHER ASPECT OF ANY GOODS OR SERVICES PURCHASED THROUGH THIS SERVICE.
14. Amendments. From time to time Rhodes may amend any of the terms and conditions contained in this Agreement. Such amendments shall be effective when posted on Rhodes’s website located at www.rhodes101.com.
15. Acceptance and Termination. Rhodes reserves all rights to decline any Enrollment Application for any reason. Rhodes may cancel or suspend this Service and terminate this Agreement at any time with or without prior notice. Customer may terminate this Agreement at any time by calling customer service at 573-334-7733.
16. Indemnification. Customer agrees to defend, indemnify and hold Rhodes harmless from any claim or demand (including attorneys’ fees) made or incurred by any third party arising out of or relating to Customer’s breach of this Agreement and/or use of the Service.
- Notices to Customer. Customer agrees that Rhodes may provide notice to Customer by posting such notice on its website at www.rhodes101.com, emailing it to the email address listed on the Enrollment Application or by mailing it to the
physical address listed on the Enrollment Application. Such notice shall be considered to be received by Customer within 24 hours of the time it is posted to the website or emailed to Customer unless Rhodes receives notice that the email was not delivered. If the notice is sent my mail, Rhodes will consider it to have been received by Customer three (3) business days after it is sent. Customer may request a paper copy of any legally required disclosures and may terminate this consent to receive required disclosures through electronic communications by contacting Rhodes as described below. Rhodes reserves the right to terminate Customer’s use of the Service if Customer’s consent to receive electronic communications is withdrawn.
- Notices to Rhodes. Except as otherwise stated in this Agreement, notice to Rhodes must be sent by postal mail to: PAJCO, Inc., PO Box 1807, Cape Girardeau, MO 63702-1807.
18. Entire Agreement. This Agreement constitutes the entire agreement between Rhodes and Customer governing Customer’s use of the Service and supersedes any prior agreements relating to that subject matter.
19. Choice of Law and Forum. This Agreement shall be governed by and interpreted under the laws of the State of Missouri, without giving effect to the conflict of law provisions of any jurisdiction. Customer consents to the jurisdiction and venue of any state or federal court located within Cape Girardeau County, Missouri with respect to any judicial proceedings arising out of or pertaining to this Agreement or the Service. The parties agree to waive any and all rights to trial by jury in any case or proceeding arising from a dispute relating to this Agreement or the Service.
20. Fees and Costs. In any action or proceeding arising from or relating to this Agreement, including those actions relating to collections of amounts due from Customer, the prevailing party shall recover, in addition to all damages awarded, all court costs, fees and expenses, including reasonable attorneys’ fees.
21. Assignment. This Agreement may be assigned by Rhodes or any subsequent holder without prior consent of Customer. Customer has no right to assign any part of this Agreement.
22. Waiver. Failure to insist upon strict compliance with any terms, covenants or conditions of this Agreement shall not be deemed a waiver of such, nor shall any waiver or relinquishment of such right or power at any time be taken to be a waiver of any other breach.
23. Severability of Terms. If any provision of this Agreement is held void or unenforceable, the validity or enforceability of the remainder of this Agreement shall not be affected.