Issue with checkbox for T&C on order form-mobile

I have a checkbox that requires customers to accept the terms & conditions on one of the forms within my purchase process. On mobile, when going through the process, a message appears on the first checkout page that says you must agree to T&C before continuing. You hit OK, and then it lets you continue. The actual checkbox is on the third page of our checkout process.

Here is how it flows:
click buy now
(1st checkout page)-> shows the product, and allows you to change the qty as well as enter a promo code, then click Checkout.
(2nd page)-> You create an account or sign in with your current account if you’re a returning customer. It’s cloud based software.
(3rd page)-> This is where you actually enter your billing info and all that. This is also where the checkbox to accept T&C lies.
(4th page)-> this is where you review your order and finally confirm purchase.

So again, on mobile, after clicking Checkout on the first page, that message pops up, when it’s not until 2 pages later you actually see the checkbox. Also, the checkbox only appears when registering a new account. Returning customers have already done this on first purchase. Has anyone ever had a similar issue and could help me out or point me in the right direction? Sorry for the long winded post, I felt it needed good explanation if there is any hope that someone can help!