Installment Payment Terms of Service

This DR-HO’S Installment Payment Agreement “Agreement” includes the Final Payment Schedule that is sent after you complete your purchase that will contain your actual payment amounts and due dates. The Final Payment Schedule will supersede and replace the Payment Schedule.

Use of the words “you” and “your” throughout this Agreement refer to the borrower listed, and the words “we,” “us,” and “our” refer to DR-HO’S or its assignees.  

PROMISE TO PAY: The Agreement governs your payment to us in connection with the credit that we provided to you to pay the total of your order in installments to acquire certain merchandise or services that you have selected. You promise to pay the sum of your payment and other payment amounts under this Agreement on the dates and according to the amounts displayed as your Payment Schedule as it may be revised by the Final Payment Schedule (inclusive of all taxes and fees), plus all other charges accruing under this Agreement until paid in full. You understand that the actual amounts and due dates in your Payment Schedule will be provided to you electronically as a supplement to this Agreement (the “Final Payment Schedule.”) 

THERE ARE NO INTEREST PAYMENTS ASSOCIATED WITH THIS AGREEMENT. However, we do charge a one-time non-refundable $15 Installment Payment Administration Fee for choosing to make payments in installments. The issuer of your Payment Method (defined below) may charge interest or other charges in accordance with the terms and conditions of the agreement between you and your Payment Method issuer. 

Please note that Section 9 of this Agreement includes provisions that govern how claims we may have against each other are resolved. These provisions limit our liability and may require arbitration for a dispute that you assert against us. The Agreement includes important terms regarding your rights related to fees, dispute resolution and governing law.

This Agreement incorporates by reference all Terms and Conditions (available at https://drhonow.com/terms-conditions) and Privacy Policy (available at: https://www.drhonow.com/privacy-policy) unless explicitly superseded by this Agreement. In the event of a conflict with the Terms of Service or Privacy Policy, this Agreement shall govern with respect to the subject matter of such conflicting terms.

1.Use of Proceeds

By electronically accepting this Agreement and completing a purchase, you agree to pay the sum of the payment amount to us, as defined by your Payment Schedule. You promise to pay us the amounts disclosed in your Final Payment Schedule provided to you electronically as part of this Agreement that will include any amounts added by you in addition to the purchase of goods and/or services. You also agree to pay any applicable Late Fees (as defined below) you incur under this Agreement.

Installment payments are only offered in Canada and the USA in their respective currencies. Installment payments are not available for other countries.

2.Installment Payments

When you accept this Agreement and complete a purchase, you will identify your preferred method of payment, designating an eligible credit card as your “Payment Method.” You must make all Installment Payments to us in the amounts shown under “Payment Schedule” and in your Final Payment Schedule. You are responsible for ensuring that you have sufficient funds available to make Installment Payments on the dates specified in your Final Payment Schedule. Your Payment Schedule when checking out may differ slightly from your Final Payment Schedule as your payment dates will be set upon the date your order ships from our facilities. 

Cancelling or Returning an Order

If you wish to cancel any goods or services, you will be responsible for contacting us directly to cancel the order in accordance with our policies. If your order has already shipped then you are unable to cancel your order but can return your order for a refund under our refund policy. The one-time $15 Installment Payment Administration fee is non-refundable. If your order has not yet shipped and you wish to cancel you will be provided with a full refund including shipping and fees. If you contact us to return an order you agree that you remain obligated to pay your Installment Payments for that order until your returned item(s) has been received in our warehouses upon which time you will receive a full refund under our refund policy. . 

If you make all Installment Payments in full on their due dates, your final payment will be made on the Maturity Date identified in the Final Payment Schedule. You may prepay all amounts due under this Agreement in whole or in part at any time without a penalty and may make any payment early, in whole or in part, without penalty or premium at any time.

If you would like to change your Payment Method or make alternate payment arrangements, you are able to do so by calling our Customer Care team or by contacting us at the email provided below. If you are having difficulty with a DR-HO’S payment or products, or if you have further issues or questions, you may contact us toll free at 1-877-374-6669 or at drho@drhonow.com. The Payment Method you select and any necessary authorization will not affect your obligation to pay when due all amounts payable under this Agreement. The foregoing authorization is in addition to, and not in limitation of, any rights of setoff we may have under applicable law.

3.Late Payments

There are no interest charges associated with this Agreement. If you are having trouble making any payment please contact our Customer Care team to update your payment date(s). 

4.Delinquency and Default

If you fail to make any payment when due in the manner required by this Agreement, you will be delinquent. If you are delinquent, have filed or have instituted against you bankruptcy or insolvency proceedings or are in breach of any other material term of this Agreement, we may, to the extent and at the time permitted by applicable law, deem you in default and accelerate the maturity of this Agreement and all payments due hereunder. If you fail to make a payment required under this Agreement, we reserve the right to limit, restrict, suspend or terminate your access to any DR-HO’S warranties or protection plans.

5.Approval and Cancellation

By choosing to pay in Installment Payments you are submitting an application for credit with DR-HO’S. All applications for credit are subject to our approval. We may, in our sole discretion, not approve your application, or cancel an approved application before the goods or services are delivered or supplied. If we cancel your previously approved application:

(a)We will apply a full refund of any amounts you have paid (excluding any chargebacks or fees incurred in relation to your payment), and will cancel any future payments related to that order;

(b)We will not be obliged to deliver the goods (or provide any related services); and

(c)You will have no obligation to make any further payments to us, or continue any other ongoing relationship with us, with respect to your application. 

You agree that we may make any inquiries to assess your eligibility to use the services including of third parties. This includes consent for DR-HO’S to obtain one or more credit reports or other consumer reports from consumer reporting agencies for use in determining your eligibility for Installment Payments. 

6.Pre-Authorizations 

As part of our approval process and our assessment as to whether or not you have the ability to fulfill your obligation to pay when due all amounts owed under this Agreement, we reserve the right to conduct a pre-authorization of your Payment Method. This may involve placing funds in the account linked to your Payment Method on hold each time you make an online purchase. If you cancel your order the pre-authorization of the funds will expire within 3-5 days and DR-HO’S will not process the funds from your Payment Method. No funds are received by DR-HO’S during this process. We cannot guarantee the time it takes for your bank to process the void action and make your funds available.

PLEASE NOTE: In most circumstances, relevant banks will void a pre-authorization transaction within a few hours of the pre-authorization transaction being conducted by DR-HO’S. However, in some observed instances, banks have taken up to fourteen (14) days to finalize this process.  We do not have any control or influence over the timing of your bank’s ability to finalize this process and DR-HO’S makes no representations on this subject matter.

For online purchases: 

(i)the pre-authorization amount will not exceed your first Installment Payment (plus one cent) owed to us for that purchase.

No funds are received by DR-HO’S during the pre-authorization process.

7.Transfers or Assignments

We may transfer, assign or sell this Agreement, and any rights under this Agreement, to a third party without your consent. You agree that we may appoint third-party collections agencies to collect any amounts owing to us under this Agreement without your consent. You hereby waive demand, notice of non-payment, protest and all other notices or demands whatsoever, and hereby consent that without notice to and without releasing the liability of any party, the obligations evidenced by this Agreement may from time to time, in whole or part, be renewed, extended, modified, accelerated, compromised, settled, cancelled or released by us.

8.Complaints and Disputes

If you have a complaint with us arising out of or related to this Agreement, you should contact us toll free at 1-877-374-6669 or at drho@drhonow.com. If you have a complaint arising out of the delivery or quality of the goods you have purchased, you should contact at the same phone number and email listed above. If you wish to submit a general complaint to us, you should do so by contacting us using the details posted above or on our website. We may request additional documentation from you to assist us in resolving any complaints or disputes, and you must provide all reasonable assistance to us to facilitate us in resolving all complaints and disputes.

9.Arbitration Agreement

(a)To expedite resolution and to minimize the cost of any claims and disputes arising out of or relating to this Agreement (“Dispute(s)”), you and we agree to first attempt to negotiate any Dispute (except those Disputes expressly excluded below) informally for at least thirty (30) days before initiating any arbitration or court proceeding. Such informal negotiations will commence upon receipt of a written notice (each, a “Notice”). Your address for such Notices is the email address you have provided to us when placing your order. Our address for such Notices is: DR-HO’S, 145 Anderson Avenue, Markham, ON, L6E1A4, Canada, Attention: Legal, or by email to drho@drhonow.com. Any Notice from you must include your name, pertinent account information, a brief description of the Dispute, and your contact information, so that we may evaluate the Dispute and attempt to informally resolve the Dispute. Any Notice from us will include pertinent account information, a brief description of the Dispute, and our contact information, so that you may evaluate the Dispute and attempt to informally resolve the Dispute. If the informal negotiations are successful, no further action is necessary.

(b)IF THE PARTIES ARE UNABLE TO RESOLVE A DISPUTE THROUGH INFORMAL NEGOTIATIONS, AFTER 30 DAYS FROM THE DATE OF THE FIRST NOTICE, THE PARTIES AGREE THAT ALL DISPUTES SHALL BE RESOLVED BY BINDING ARBITRATION ON AN INDIVIDUAL BASIS. THE ARBITRATOR SHALL ALSO DECIDE ANY ISSUES RELATING TO THE MAKING, VALIDITY, ENFORCEMENT, OR SCOPE OF THIS ARBITRATION AGREEMENT, ARBITRABILITY, DEFENSES TO ARBITRATION INCLUDING UNCONSCIONABILITY, OR THE VALIDITY OF THE JURY TRIAL, CLASS ACTION OR REPRESENTATIVE ACTION WAIVERS (COLLECTIVELY, “ARBITRABILITY” ISSUES). YOU HEREBY WAIVE ANY CONSTITUTIONAL AND STATUTORY RIGHTS TO GO TO COURT AND HAVE A TRIAL IN FRONT OF A JURY. FURTHER, UNLESS YOU OPT OUT OF ARBITRATION, YOU ALSO AGREE TO WAIVE ANY RIGHT TO BRING OR PARTICIPATE IN A CLASS OR REPRESENTATIVE ACTION IN COURT OR IN ARBITRATION.

The arbitrator will make a decision in writing, but need not provide a statement of reasons unless requested by a party. The arbitrator must follow applicable law, and any award may be challenged if the arbitrator fails to do so.

(d)The parties agree that the following Disputes are not subject to the above provisions concerning informal negotiations and binding arbitration: (1) any suit to compel arbitration, stay proceeding pending arbitration or to confirm, modify, vacate or enter judgment on the award entered by the arbitrator; (2) any suit to seek temporary injunctive relief that will remain in place only until an arbitrator can determine whether the relief should be continued, modified or removed; or (3) any claim related to actual or threatened infringement, misappropriation or violation of a party’s copyrights, trademarks, trade secrets, patents or other intellectual property rights. 

(e)You agree that this agreement to arbitrate may be enforced by us or our affiliates, subsidiaries, or parents, and each of their officers, directors, employees, and agents. This arbitration agreement is made pursuant to a transaction involving interstate commerce. No state law respecting arbitrability issues shall govern this agreement to arbitrate. Subject to and without limiting the foregoing, federal law shall apply to all other issues that arise under federal law and applicable state law as set forth in Section 11 below shall apply to all other issues that arise under state law (without reference to a state’s choice of law rules). YOU MAY OPT OUT OF ARBITRATION BY SENDING US WRITTEN NOTICE WITHIN 30 DAYS OF SIGNING THIS AGREEMENT STATING THAT YOU WISH TO “OPT OUT OF THE AGREEMENT TO ARBITRATE DISPUTES.” THE OPT-OUT NOTICE SHOULD BE SENT TO THE FOLLOWING ADDRESS: DR-HO’S, 145 Anderson Avenue, Markham, ON, L6E1A4, Canada, Attention: Legal or by electronic mail at drho@drhonow.com and include (i) your DR-HO’S account identification, (ii) your name, (iii) your address, (iv) your telephone number, (v) your email address and (vi) a clear statement indicating that you do not wish to resolve claims through arbitration. If you do not opt out, but any part or parts of your agreement to arbitrate are unenforceable then we and you agree that such specific part or parts shall be of no force or effect and shall be severed, but the remainder of this agreement to arbitrate shall continue in full force and effect. If, however, the entire agreement to arbitrate or your waiver of the right to participate in class, representative or to arbitrate injunctive relief claims is unenforceable then the agreement to arbitrate shall be of no force or effect.

10.Applicable Law and Jurisdiction

Except as expressly provided in Section 9 above, this Agreement shall be governed by, and will be construed under, the laws of the state or province listed for the borrower above without regard to choice of law principles

11.Limitation of Liability

IN NO EVENT SHALL WE BE LIABLE TO YOU FOR ANY LOST PROFITS OR SPECIAL, EXEMPLARY, CONSEQUENTIAL OR PUNITIVE DAMAGES, EVEN IF INFORMED OF THE POSSIBILITY OF SUCH DAMAGES. FURTHERMORE, WE MAKE NO REPRESENTATION OR WARRANTY TO YOU REGARDING THE EFFECT THAT THE AGREEMENT MAY HAVE UPON YOUR FOREIGN, FEDERAL, STATE OR LOCAL TAX LIABILITY. 

12.Express Written Consent to Receive Short Message Service (“SMS”) Communications & Email Communications and Marketing

(a)Notwithstanding any current or prior election to opt-in or opt-out of receiving telemarketing calls, emails, or SMS messages (including text messages) from us, our agents, representatives, affiliates, or anyone calling on our behalf, you expressly consent to be contacted by us, our agents, representatives, affiliates, or anyone calling on our behalf for any and all purposes arising out of or relating to this Agreement, at any telephone number, or physical or electronic address you provide or at which you may be reached. You agree we may contact you in any way, including SMS and text messages, calls using prerecorded messages or artificial voice, and calls and messages delivered using auto telephone dialing system or an automatic 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 send one via text. You also expressly consent to the receipt of electronic communications in connection from the DR-HO’S or any third party, that is engaged by DR-HO’S to collect any amount owed under this Agreement.

(b)You consent to receive SMS and text messages, emails, 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 numbers we can reasonably associate with your account (through skip trace, caller ID capture or other means), with information or questions about your application, this Agreement and/or your account. You certify, warrant and represent that the telephone numbers that you have provided to us are your contact numbers. You represent that you are permitted to receive calls at each of the telephone numbers you have provided to us. You agree to promptly alert us whenever you stop using a particular telephone number.

(c)By signing this Agreement through accepting the Terms and Conditions on your order, you are providing express written consent to receive SMS and text messages to each telephone number provided by you to us regarding this Agreement. You agree that you are responsible for any message, data rates or fees that your telephone service provider charges in relation to SMS messages sent and received by you. If you have any questions regarding those rates, please contact your wireless carrier.

(d)If you wish to withdraw your consent to have communications provided via SMS, you may opt-out of receiving SMS from us at any time by emailing us at drho@drhonow.com. Upon receipt of your message, we will process the request and it will be effective only after we have a reasonable period of time to process your request. If you fail to provide or if you withdraw your consent to receive SMS communications as set forth in this section, DR-HO’S reserves the right to restrict, deactivate or close your Account and you agree that you may be prevented from using certain features of your DR-HO’S account. 

(e)You agree that we may send you marketing communications to the email address you have provided including but not limited to targeted offers, introduction of new features, or other special announcements. You may opt out of these marketing communications at any time by using the “unsubscribe” link within a marketing email.

13.Miscellaneous

This Agreement is effective until all amounts due under the Agreement are paid in full or otherwise cancelled or refunded. If any provision of this Agreement (or any portion thereof) is determined to be invalid or unenforceable, the remaining provisions of this Agreement shall not be affected thereby and shall be binding upon the parties and shall be enforceable, as though said invalid or unenforceable provision (or portion thereof) were not contained in this Agreement. This Agreement, including all documents incorporated by reference, constitutes and contains the entire agreement between you and us with respect to the subject matter hereof and supersede any prior or contemporaneous oral or written agreements. 

14.Electronic Transactions

THIS AGREEMENT IS FULLY SUBJECT TO YOUR CONSENT TO ELECTRONIC TRANSACTIONS AND DISCLOSURES PREVIOUSLY PROVIDED.

NOTE: ANY HOLDER OF THIS CONSUMER CREDIT CONTRACT IS SUBJECT TO ALL CLAIMS AND DEFENSES WHICH THE DEBTOR COULD ASSERT AGAINST THE SELLER OF GOODS OR SERVICES OBTAINED WITH THE PROCEEDS HEREOF. RECOVERY HEREUNDER BY THE DEBTOR SHALL NOT EXCEED AMOUNTS PAID BY THE DEBTOR HEREUNDER.