Consent To Receive Electronic Disclosures
Last updated on August 1, 2020
In connection with obtaining services through the platform administered by jaris, inc. (“jaris”, “we”, “us”), you consent to receive and view communications, disclosures, notices, statements, policies, agreements, and other communications we are required by law to provide to you or may otherwise provide to you for any product or service you obtain from us (collectively, “Disclosures”) relating to your eligible account on the jaris platform (the “Account”) electronically by any of the following means:
- A text to your mobile phone number which may include a link to a new Disclosure on the jaris website (“Website”)
- To your email (or social media network)
- Notifications from our web or mobile application (“Application”)
While you may be entering into agreements with jaris as a sole-proprietor merchant, as an authorized individual signing on behalf of your business, and/or as a guarantor of the obligations of your business, your consent covers each capacity in which you may be signing, agreeing or otherwise receiving Disclosures or other communications from jaris or its affiliates. Accordingly, your consent covers all Disclosures relating to any product we offer to you through the website at jaris.io, through our corresponding mobile app and/or in partnership with other companies and remains in effect until you give us notice that you are withdrawing it. Delivery by any of these means will constitute proper notice to you under applicable law.
You acknowledge that Disclosures will include, but may not be limited to, the following:
- Disclosures and/or amendments we may provide you under our Policies and Agreements
- An application or request for jaris to purchase future receipts from you
- The terms, conditions, and Disclosures regarding any purchase of future receipts by jaris whether in the form of a Merchant Sales Agreement – Revenue Based Factoring or otherwise through the user interface
- Balance, activity, and any other information on the Account
- Periodic statements, receipts, confirmations, authorizations, and transaction history for the Account
- Disclosures regarding the resolution of any claimed error on your periodic statements
- Disclosures required or permitted by law or regulation
Your Right To Receive Consent
Your consent is effective until further notice by us or until you revoke your consent to receive Disclosures. You may revoke your consent to receive Disclosures at any time either by clicking the “Contact us” link at the bottom of the jaris.io homepage or submitting your request in writing to: Legal Department, jaris, inc., at PO Box 117567, Burlingame, CA 94011. Your withdrawal of consent will become effective after we have had a reasonable opportunity to act upon it
If you do not consent or if you withdraw your consent, we reserve the right to refuse to accept your Account application, to cancel your Account, set your Account to inactive, or to provide a paper copy of Disclosures to you. If you request a paper copy of a Disclosure within 180 days of the date of the Disclosure and we elect to send you a paper copy, we will waive our standard Disclosure Request Fee for the first two requests. After that, any additional Disclosure requests may be subject to fees. We will only provide paper copies upon your request if your current mailing address is in your Account profile.
In order to receive Disclosures, whether by text or email, you need to have a means of printing or storing them. So, in addition to having an email address and phone number you must also have the following:
- A computer or mobile device with an Internet connection
- A current web browser with cookies enabled
- Adobe Acrobat Reader or another software solution to open .pdf documents
- A valid email address that matches the primary email address in your Account profile
- Sufficient storage space and the ability to store or print the Disclosures
- If you use a spam blocker, you must add firstname.lastname@example.org to your email address book or whitelist
By giving your consent you are confirming that you have access to the necessary equipment and are able to receive, open, and print or download a copy of any Disclosure or other communication for your records. We reserve the right to change these system requirements and will provide you with a Disclosure should we make a material change to the system requirements.
Receiving Texts And Emails
In order to receive Disclosures, you must ensure that the primary mobile phone and/or email address that you provide us is valid and that you are able to receive texts or email messages containing Disclosures including attached electronic documents and that such Disclosures, including portions that are attached documents are available for viewing, storing and/or printing by you. You also agree to promptly update your email address by updating your Account profile if your email address changes. You acknowledge that our ability to notify you of the availability of your Disclosures is contingent on the validity of the mobile phone number and email address in our records. If your mobile phone or email address is no longer valid, we reserve the right to set your Account to inactive or take other actions as set forth in the Terms and Conditions. You will not be able to conduct any transactions in your Account until you update your mobile phone or email address in your Account profile.
You acknowledge and agree that your consent is being provided in connection with a transaction affecting interstate commerce that is subject to the federal Electronic Signatures in Global and National Commerce Act and that you and jaris both intend for the Act to apply to the fullest extent possible to validate jaris’s ability to conduct business and communicate with you by electronic means.
You acknowledge that by clicking on the “I Accept” button, you are indicating your intent to sign up for electronic communications on behalf of yourself and your business and that this action constitutes your signature.
Reservation Of Rights
We reserve the right to provide you with any Disclosure in writing, rather than electronically, or to withdraw the right to receive Disclosures electronically at any time. You agree to maintain on file with us your current street address and to promptly update your address in the event that it changes by updating your Account profile. Although we may waive our fee for delivery of paper Disclosures, we reserve the right to charge the Disclosure Request Fee and to increase this fee at our discretion.
Communications In Writing
We recommend that you print a copy of this Consent and any Disclosure that you view electronically for your records as the Disclosure may not be accessible online at a later date. All Disclosures from us to you will be considered "in writing" and shall have the same meaning and effect as a paper disclosure and/or a disclosure printed on paper and physically delivered to you. You acknowledge and agree that Disclosures are considered received by you within 24 hours of the time posted to the Website, or within 24 hours of the time emailed or sent via text to you unless jaris receives notice that the Disclosure was not delivered.
You understand and agree that we are responsible for sending the Disclosures to you electronically by email or text to the address in your Account profile or through the Service. We are not responsible for any delay or failure in your receipt of the email or text notices and whether or not you choose to view the Disclosure, subject to your right to revoke your consent to receive Disclosures electronically.
Except as otherwise provided by law or other agreements between us, you may provide us with notices regarding your Accounts by clicking the “Contact Us” link at the bottom of this page, contacting email@example.com or mailing us at Legal Department, jaris, inc., at PO Box 117567, Burlingame, CA 94011.