Esign Act Disclosure and Consent.
Consent to Use Electronic Signatures, Records, and Disclosures
Last updated: October 19, 2022 (Version 1.0.2)
This Consent to Use Electronic Records and Signatures (the “ESIGN Consent”) covers Zilch USA, Inc. and its affiliates (collectively, “Zilch”); and (ii) Cross River Bank and its affiliates and service providers (collectively, “Bank,” and individually and collectively with Zilch, “we,” “our,” or “us”). For purposes of this ESIGN Consent, the words “we,” “our,” and “us” also mean our assigns. The words “you” and “your” means each person who agrees to this Consent.
We are required by law to (i) give you certain information in writing on paper (“Paper Documents”), (ii) in some cases, obtain your actual “physical signature” acknowledging your receipt of and/or agreement to terms set forth in such Paper Documents, and (iii) to retain and maintain original or copies of such Paper Documents (which may be signed by you) as part of our records. However, with your consent, we can agree to do business electronically. Accordingly, we can agree that in lieu of providing you Paper Documents, obtaining physical signatures, and physically storing these records: (i) you will provide communications, information and records to you electronically (“Electronic Records”) in accordance with the federal Electronic Signatures in Global and National Commerce Act (“E-Sign Act”), (ii) you will sign such Electronic Records with an electronic signature (“Electronic Signature”), and (iii) we can retain and maintain the original or copies of such Electronic Signatures (which may contain or reflect your Electronic Signature) as part of our recrods. We need your general consent to use Electronic Records and signatures in our relationship with you. Before we can provide you with either the services or products offered by Zilch or offered by Bank that are supported and serviced by Zilch (individually and collectively, the “Services”) you have requested, you must review and agree to the terms outlined in this ESIGN Consent.
Scope of Consent
This ESIGN Consent applies to all online interactions concerning you and us, and includes those interactions engaged in on any computer, electronic device, mobile device, including phones, smart-phones, and tablets (“Electronic Devices”) which may pertain to the Zilch mobile application (“Zilch App”) or Zilch website (“Zilch Website”) or Services we provide to you. By exercising this ESIGN Consent, we will process your information and interact during all online interactions with you electronically. We may send you various notices, disclosures, or other documents electronically related to your interactions and transactions with us, including, but not limited to, the following Electronic Records:
- This Consent and any amendments;
- USA PATRIOT Act Notice;
- Application status communications;
- Approval or denial notices such as an adverse action notice;
- Information and disclosures required by certain federal or state laws and regulations, such as the Electronic Fund Transfer Act, Truth In Lending Act, Equal Credit Opportunity Act, Fair Credit Reporting Act, Gramm Leach Bliley Act;
- Loan Agreements;
- Authorization for Electronic Payment;
- Any other Zilch Policies; and
- Notices of amendments to any of the above.
Minimum Hardware and Software Requirements
To use our services (including accessing and retaining electronic communications from us), you will need the following:
- For desktop website-based communications: a Current Version (defined below) of an Internet browser for Mozilla Firefox (see http://www.mozilla.com), Apple Safari (see http://www.apple.com/safari), or Google Chrome (see http://www.google.com/chrome). Browsers must have cookies enabled.
- The ability to view, retain and print Portable Document Format (PDF) files.
- The ability to receive text messages to allow for two-factor authentication and the ability to use the telephone corresponding with the telephone number you provided to us.
- A mobile or computer device with internet or mobile connectivity.
- For mobile application-based communications: a recent device operating system that supports text messaging, downloading, and applications from the Apple App Store or Google Play store; and the most recent versions of Apple Safari or Google Chrome on iOS or Google Chrome for Android OS.
- Access to the email address you provided to us.
“Current Version” means a version of the software that is currently being supported by its publisher.
Additionally, you will need a connection to the Internet such as connection via an Internet Service Provider (“ISP”) or public access. You may incur Internet-related costs in connection with electronic delivery, such as the costs charged to you by your Internet Service Provider and telephone companies for the time or data used while on the Internet or the costs associated with printing email notifications and records. If these requirements change while you are maintaining an active relationship with us, and the change creates a material risk that you may not be able to receive records electronically, we will notify you of these changes. Email notifications and records may be provided in either HTML or Portable Document Format PDF format. Electronic Records may also be viewed electronically via the Internet by logging into your Zilch account. You may also print Electronic Records with a local printer. Electronic Records may be saved by downloading and saving the record on your device in the way you would any other file from the Internet including, but not limited to screen recording and screen snapshot captures. You will need sufficient electronic storage capacity on your device or other data storage unit, in order to download and save records. To print Electronic Records, you will need a printer that is capable of printing from your browser, your email client or other applicable application, or your hard drive or other data storage unit.
Delivery of Communications
Use of Electronic Signatures
An electronic signature will have the same effect as your personal signature. Accordingly, your electronic signature on an Electronic Record (such as a Loan Agreement delivered or otherwise presented to you) manifestly shows your intent to be bound to the terms such Electronic Record. Your electronic signature may include an electronic process you initiate (and which we electronically record) that manifestly shows your intent to be bound to the terms of the Electronic Record.
In the course of doing business with us electronically, we may require that you provide an electronic signature of various, including legal documents, disclosures, and contracts to utilize aspects of the Service. These electronic signatures may include but not limited to (i) clicking “I Agree,” “Continue” or similar buttons; (ii) using the Zilch Card within a digital wallet or other virtual card management service managed or owned by a third-party (“Digital Wallet”) (such as placing your mobile device near a point-of-sale terminal equipped with contactless payment technology while the Zilch Card selected) (otherwise known as conducting a “Digital Wallet Transaction”); and/or (iii) otherwise using the Zilch Card.
Withdrawing your Consent
You have the right to withdraw your consent to receive Communications electronically, use Electronic Signatures and Electronic Records and any other consent provided hereunder. If you desire to withdraw your consent, however, we may terminate the Services to you, including your use of the Zilch online services. To withdraw your consent, please contact Zilch at 1-855-909-4524 (1-855-90ZILCH). If you decide to withdraw this ESIGN Consent, the withdrawal will not affect the legal effectiveness, validity, and enforceability of prior Electronic Records or electronic signatures. Your withdrawal will be effective within a reasonable time after our review of your request to withdraw your consent.
Paper Delivery of Communications/Electronic Records.
You have the right to request a paper copy of any Communication. A paper copy will not be provided for any communication unless it is requested or we otherwise deem is appropriate to do so.. To receive a paper copy of any document that has been previously provided to you, please contact customer service at [email protected] within 180 days of the date of the Communication, specifying in detail the Communication you would like to receive. Requesting a paper copy of any Communication, in and of itself, will not be treated as withdrawal of consent to receive electronic Communications. There is no cost for requesting Paper Documents. We reserve the right to terminate our relationship, if we are unable to support certain requests for Paper Documents.
Other important terms and conditions.
You further agree that we may assign this ESIGN Consent to any person or entity without your consent. You may not assign or transfer this ESIGN Consent and agree that any attempt to assign or transfer this ESIGN Consent by you shall be null and void.
Amendments and Modifications.
We reserve the right, in our sole discretion, to discontinue the use of Electronic Records and electronic signatures in connection with any service or to terminate or change the terms and conditions regarding the use and exchange of records as provided in this ESIGN Consent (including changing the hardware and software requirements), or otherwise to amend this ESIGN Consent. We also reserve the right to require you to re-accept any amended version of this ESIGN Consent as a condition for continuing to do business with us electronically. If changes are material or affect your ability to access your account information, we will notify you by electronic or other means. Continued use of our Services after any such notice signifies your acceptance of the change and reaffirmation of your consent. A copy of the active terms of your ESIGN Consent will be available in the “Settings” Page of the Zilch Website or Zilch App, under “Legal Documents”
Grant of Consent
You agree that you have read this ESIGN Consent, and you confirm that you agree to all of the terms and conditions contained herein. By agreeing to this ESIGN Consent, you confirm that the electronic device (both hardware and software) you use to access the Services meets the minimum specifications and requirements outlined above. By pressing the “Create Account” or “Continue” button or any other call to action or similar button, you consent to all of the above in connection with the Services, both now or in the future unless revoked. You cannot access and/or use Services without acceptance of this ESIGN Consent. Your withdrawal of your consent to this ESIGN Consent will result in your inability to access and use the Services. Such withdrawal with not relieve you of, or obviate your need to fulfill, any obligations you incurred prior to such withdrawal. You should download, print or otherwise retain a copy of this ESIGN Consent and all other Communications for your records.