Electronic Communications Agreement (Borrowers)

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Electronic Communications Agreement


CONSENT FOR ELECTRONIC SIGNATURES, RECORDS, AND DISCLOSURES("E-CONSENT")

Please read this information carefully and print a copy and/or retain this information electronically for future reference.

INTRODUCTION

If you choose to apply for a loan through Scratchpay.com (the “Site”), from time to time you will receive disclosures, notices, documents, and information from Scratchpay and/or WebBank, or our respective agents (collectively, “we” or “us”). All loans originated within the United States will be issued by WebBank. All loans originated within Canada will be issued by ©Scratch Financial, Inc. (Scratchpay). We can only give you the benefits of our service by conducting business through the Internet, and therefore we need you to consent to using and accepting electronic signatures, records, and disclosures ("E-Consent"). This form notifies you of your rights when receiving disclosures, notices and information via the Site. By clicking "I Consent" or other links assenting to our terms, you acknowledge that you received this E-Consent and that you consent to using electronic signatures, records, and disclosures. Additionally, by clicking "I Consent" or other links assenting to our terms, you consent to conduct transactions by using electronic disclosures, electronic records, and electronic contract documents ("Disclosures").

ELECTRONIC DISCLOSURES

"Disclosures" include, but are not limited to:

  • all documentation, agreements, amendments and policies required to use the Scratchpay Services (e.g., this E-sign Consent, Scratchpay Terms, Scratchpay Privacy Policy and WebBank Privacy Policy, and Loan Agreements);
  • documentation relevant to an account or service (e.g., payment authorizations, transaction receipts and confirmations);
  • periodic communications for an account or service, including payment reminders, account statements, billing statements, and account histories;
  • any notice or disclosure regarding fees, charges, or assessments of any kind such as late fees and returned payment fees;
  • marketing materials; and
  • all legal, regulatory or any other disclosures regarding your legal rights and obligations relating to the Scratchpay account and services.

OPTION FOR PAPER OR NON-ELECTRONIC RECORDS

You may request any Disclosures in paper copy by logging in and printing a paper copy. You may also mail us your written request to Scratch Financial Inc., 225 S. Lake Avenue, Suite 250, Pasadena, CA 91101. We will provide paper copies at no charge. We will retain all Disclosures as applicable law requires.

SCOPE OF CONSENT

This E-Consent applies to all interactions online concerning you and the Site and includes those interactions engaged in on any mobile device, including phones, smartphones, and tablets. By exercising this E-Consent, we will process your information and interact during all online interactions with you electronically. We will also send you notices electronically related to our interactions and transactions. Disclosures may be provided through postings on this Site, your designated email address or SMS via your confirmed cell phone number (message and data rates may apply). You agree that we may send emails to you for the purpose of advising you of changes or additions to this Site, about any of our products or services, or for such other purposes as we deem appropriate and as permissible by law. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing to the extent permissible by law.

CONSENTING TO DO BUSINESS ELECTRONICALLY

Before you decide to do business electronically, you should consider whether you have the required hardware and software capabilities described below.

HARDWARE AND SOFTWARE REQUIREMENTS

To access and retain the Disclosures electronically, you will need to use a PC or MAC compatible computer or other device capable of accessing the Internet, access to an email account, and an Internet Browser software program that supports at least 128-bit encryption, such as Internet Explorer 7.0 or above, Firefox 3.0 or above, Google Chrome, or similar software. To read some documents, you may need a PDF file reader like Adobe® Acrobat Reader Xpdf® or Foxit® and hardware capable of running this software. You acknowledge that you can access the electronic Disclosures in the designated formats described herein. You will need a printer or a long-term storage device, such as your computer's disk drive, to retain a copy of the Disclosures for future reference. You may send us your written questions regarding the hardware and software requirements by mail to Scratch Financial Inc., 225 S. Lake Avenue, Suite 250, Pasadena, CA 91101.

MOBILE TECHNOLOGY

If you are accessing our site electronically through a mobile device, such as a tablet, smartphone or similar device, if you wish to retain the transmitted disclosures, we recommend you print and save the transmitted Disclosures. You can find apps that support printing and saving for most mobile devices through your mobile device's appstore. If your mobile device does not have this functionality, you must access our website through alternate means that provide you with the ability to print and save the Disclosures.

WITHDRAWING CONSENT

You are free to withdraw this E-Consent at any time and at no charge. However, if you withdraw this E-Consent before receiving credit, this will prevent you from obtaining credit from us. If at any time you wish to withdraw this E-Consent, you can send us your written request by mail to Scratch Financial Inc., 225 S. Lake Avenue, Suite 250, Pasadena, CA 91101, with the details of such request. If you decide to withdraw this E-Consent, the legal effectiveness, validity, and enforceability of prior electronic Disclosures will not be affected. You acknowledge and agree that any amount owed to Scratchpay and/or the Partner Bank, WebBank, must be paid even if you withdraw your Consent and we close or limit access to your account.

CHANGE TO YOUR CONTACT INFORMATION

You should keep us informed of any change regarding your electronic address, mailing address or cell phone number. You may update such information by sending an email to [email protected] or by writing to us at Scratch Financial Inc., 225 S. Lake Avenue, Suite 250, Pasadena, CA 91101, Attn: Compliance.

It is your responsibility to provide us with true, accurate, and complete contact information, and other information related to Scratchpay services, and to maintain and update promptly any changes in information. In addition, Scratchpay is not responsible for any delay or failure in customer’s receipt of any disclosure, text, or email notice that is not caused by Scratchpay’s failure to send said disclosure or notice to the contact information on file or for other reasons beyond their control.

YOUR ABILITY TO ACCESS DISCLOSURES

BY CLICKING "I CONSENT" OR OTHER LINKS, YOU ASSENT TO OUR TERMS. YOU ACKNOWLEDGE THAT YOU CAN ACCESS THE DISCLOSURES IN THE DESIGNATED FORMATS DESCRIBED ABOVE. Once you give your consent, you can visit the Site to access these documents.

CONSENT

BY CLICKING "I CONSENT" OR OTHER LINKS, YOU ASSENT TO OUR TERM: (1) YOU ACKNOWLEDGE YOU HAVE READ THIS INFORMATION ABOUT ELECTRONIC SIGNATURES, RECORDS, DISCLOSURES, AND DOING BUSINESS ELECTRONICALLY. (2) YOU CONSENT TO USING ELECTRONIC SIGNATURES, HAVING ALL DISCLOSURES PROVIDED OR MADE AVAILABLE TO YOU IN ELECTRONIC FORM AND TO DOING BUSINESS WITH US ELECTRONICALLY. (3) YOU ACKNOWLEDGE THAT YOU MAY REQUEST A PAPER COPY OF THE ELECTRONIC RECORDS AND DISCLOSURES, WHICH WE WILL PROVIDE TO YOU AT NO CHARGE. IF YOU REFRAIN FROM PROCEEDING, THEN YOU NEITHER WISH TO USE ELECTRONIC SIGNATURES NOR CONDUCT THIS TRANSACTION ELECTRONICALLY. IF YOU DO NOT PROVIDE YOUR CONSENT, YOU MAY NOT USE THE SCRATCHPAY SERVICES AND MUST DISCONTINUE YOUR USE OF THE SCRATCHPAY SERVICES IMMEDIATELY. YOU ALSO ACKNOWLEDGE THAT YOUR CONSENT TO ELECTRONIC DISCLOSURES IS REQUIRED TO RECEIVE SERVICES FROM US OVER THE INTERNET.