Welcome to the Terms and Conditions section for use of a bank account, credit card or debit card as a payment method on LaFontaine Subaru's website or payment portal  (the "Website") through PayTrace, a third party payment website. If you choose to use this payment method, you accept and agree to the following:

 

1. Authorization, Registration and Payments

 

You hereby authorize LaFontaine Subaru or any of its affiliated entities or business (collectively "LaFontaine Automotive Group") to initiate a purchase/advance transaction entry for your credit or debit transaction on my bank, credit card or debit account, as applicable based upon my instructions, in the amount equal to the amount I have entered in the online payment option.

 

In order to make a payment on this Website, you must first complete the registration form. During registration to make a payment, you must provide contact information including but not limited to: Name, Address, Phone number, and Email address. You must also provide payment information such as credit card number and expiration date or checking account and routing numbers. This information is used for billing purposes and if there is an issue with your payment type, we will use your name, phone number, address or email address to contact you.

 

By choosing to use a bank account as your payment method on this Website, you will be able to complete your purchase using any valid automated clearing house ("ACH")-enabled bank account at a United States-based financial institution. Whenever you choose to pay for an order or obligation using your bank account, you are authorizing LaFontaine Subaru to debit your bank account for the total amount of your purchase, including applicable taxes, fees and other costs. To complete your transaction, LaFontaine Subaru will create an electronic funds transfer or bank draft, which will be presented to your bank or financial institution for payment from your bank account. Your transaction must be payable in U.S. dollars. LaFontaine Subaru reserves the right to discontinue this payment method at any time, or to terminate your use of this payment method. If LaFontaine Subaru terminates your use of this payment method, you will need to pay your amounts due to LaFontaine Subaru in another manner.

 

By choosing to pay with an American Express, Visa, Discover, or Mastercard Credit or Debit card, you will be required to provide the card number, expiration date, and CSC.
Financial information is used for payment processing purposes only. Financial and contact information is stored by PayTrace if the user chooses to create a password to set up recurring payments. If the user chooses the one-time payment option, no personal information is stored.

 

 

2. Representations, Electronic Signature and Authorization

 

By choosing your credit card, debit card or bank account as your payment method, you agree that:

  1. You have read, understand and agree to these Terms and Conditions, and that this agreement constitutes a "writing signed by you" under any applicable law or regulation;
  2. You consent to the electronic delivery of the disclosures contained in these Terms and Conditions;
  3. You authorize LaFontaine Subaru to make any inquiries LaFontaine Subaru considers necessary to validate your dispute, which may include but is not limited to ordering a credit report and performing other credit checks or verifying the information you provide against third party databases;
  4. You authorize LaFontaine Subaru to initiate one or more ACH debit entries (withdrawals) for the specified amount(s) from your bank account, and you authorize the financial institution that holds your bank account to deduct such payments;
  5. You are of legal age to form a binding contract (at least 18 years old);
  6. By submitting an online payment, you represent that there is a sufficient credit card account availability or sufficient and available deposit account funds, as applicable, to pay what is owed to LaFontaine Subaru, and agree that LaFontaine Subaru shall not be liable for any overdraft or insufficient fund situation or charge (including, but not limited to, finance charges, late fees or similar charges) caused by my failure to maintain funds sufficient to pay the payment amount you authorize. You understand that that the issuer of your credit or debit card may charge cash advance fees, and I am fully responsible for such fees; and
  7. You acknowledge that you are responsible for inputting the correct payment amount, bank account, or credit or debit card account information.

3. Returned Payments

 

If any of your payments are returned unpaid, LaFontaine Subaru reserves the right to charge you a returned item fee of twenty-five dollars ($25.00) or the maximum amount allowed by law, which may be added to your payment amount and debited from your bank account if LaFontaine Subaru resubmits an ACH debit due to insufficient funds.

 

LaFontaine Subaru may initiate a collection process or legal action to collect any money owed to LaFontaine Subaru. You agree to pay all of LaFontaine Subaru's costs for such action, including any reasonable attorneys' fees.

 

 

 

4. Error Resolution Policy

 

If you believe that any payment transaction initiated by LaFontaine Subaru with respect to your bank account, credit or debit card account is erroneous, or if you need more information about any such transaction, you should contact LaFontaine Subaru as soon as possible using the telephone number or e-mail address provided on the Website. In any event, LaFontaine Subaru must hear from you no later than 60 days after the date the questionable transaction FIRST appeared on your credit card or bank account statement or you will be deemed to have waived your right to dispute the questionable transaction.

 

5. Limitation of Liability

 

LaFontaine Subaru will not be liable in the event that:

  1. There are insufficient funds in your bank account to cover the transaction;
  2. your bank account is closed or withdrawals are restricted
  3. any terminal or system was not working properly and you were advised of that before you initiated the payment;
  4. your financial institution refuses to honor an ACH debit;
  5. your instructions are lost or delayed in transmission to LaFontaine Subaru;
  6. a reasonable security concern, such as unauthorized use, causes LaFontaine Subaru not to honor your instructions;
  7. this payment option has been discontinued or suspended;
  8. circumstances beyond LaFontaine Subaru's control affected LaFontaine Subaru's ability to properly debit your account. These may include, but is not limited to: flood, fire, power outages, and mechanical or system failures.

In no event shall LaFontaine Subaru ever be liable for any direct, indirect, special, incidental, consequential, or exemplary damages, including lost profits (even if advised of the possibility of such damages) arising in any way out of your use of this payment method.

 

6. Changes to these Terms and Conditions

 

LaFontaine Subaru may, in its discretion, change these Terms and Conditions at any time without notice to you. If any change is found to be invalid, void, or for any reason unenforceable, that change is severable and does not affect the validity and enforceability of any other changes or the remainder of these Terms and Conditions. Continued use of your bank account as a payment method on this Website constitutes your acceptance of any changes LaFontaine Subaru may have made to these Terms and Conditions. These Terms and Conditions are the complete and exclusive statement of the agreement between you and LaFontaine Subaru with regards to use of this payment method. It supersedes any proposal or prior agreement, oral or written, and any other communications between you and LaFontaine Subaru relating to the payment method. If there is a conflict between what a LaFontaine Subaru employee tells you and these Terms and Conditions, these Terms and Conditions will prevail.

 

7. Information Collection, Use, and Sharing

 

We are the sole owners of the information collected on the Website. We only have access to/collect information that you voluntarily give us via email or other direct contact from you. We will not sell or lease this information to anyone. Unless you ask us not to, we may send via email: transaction receipts or changes to this privacy policy.

 

8. Security

 

We take precautions to protect your information. When you submit sensitive information via the Website, your information is protected both online and offline. Wherever we collect sensitive information (such as credit card data), that information is encrypted and transmitted to us in a secure way. While we use encryption to protect sensitive information transmitted online, we also protect your information offline. Only employees who need the information to perform a specific job (billing, customer service) are granted access to personally identifiable information. The computers/servers are in which we store personally identifiable information are kept in a secure environment.

 

 

9.Links
This Website may contain links to other sites. Please be aware that we are not responsible for the content or privacy practices of such other sites. We encourage our users to be aware when they leave our site and to read the privacy statements of any other site that collects personally identifiable information.

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