E-SIGN CONSENT TO USE ELECTRONIC RECORDS AND SIGNATURES FOR EO PERTH ("E-Sign Consent")
As part of interacting and liaising with us, we want to ensure that you have all of the information required to manage your relationship and dealings with us.
Under some jurisdictions we are required by law to provide certain information to you in writing. This means you are entitled to receive such information in hardcopy, on paper. If you consent this E-Sign Consent, we may instead provide such information to you electronically.
We additionally require your consent to use electronic records and electronic signatures in liaising with you.
Accordingly, before you can utilise our Electronic Services and electronically sign the proceeding document you must review and consent to this E-Sign Consent.
We confirm that we consent to the use of the electronic format of this E-Sign Consent, our Electronic Services, Communications and the proceeding document.
In this E-Sign Consent:
"Applicable Laws" means common law, principles of equity, and laws, rules or regulations made by a parliament or government, including laws, rules or regulations made in relation to, or in respect of, electronic transactions and electronic signatures, both in Australia and in any other applicable jurisdiction.
"Communications" means each agreement, form, contract, notice, disclosure, fees schedule, document, statement, data, record, and other information we provide to you, or that you sign or submit or agree to, at our request.
"Electronic Records" means and includes (but is not limited to) any and all current and future notices and/or disclosures that the Applicable Laws require that we provide to you, as well as such other documents, statements, data, record, information and any other Communications regarding our relationship with you.
"Electronic Service" means all products and services that we (or our service providers) offer as part of our business, that you apply for, use, administer or access using the Internet, a website, an email, a mobile device, a messaging service (including text messaging) and/or software application (including applications for mobile or hand-held devices), either now or in the future.
"We / us / our" means EO PERTH, its officers, contractors, servants, agents, employees and all current and future affiliates of EO PERTH.
"You / your / me / I" means the person giving this consent, and also each additional account owner, authorised signer, authorised representative, delegate and/or service user of the person giving this consent.
- Electronic signature agreement
- In our sole discretion, the Communications we provide to you, or that you sign or agree to at our request, may be in electronic form. We may also use electronic signatures and obtain them from you as part of our transactions with you.
- You AGREE, ACKNOWLEDGE and ACCEPT:
- that you consent to the use of the electronic format of this E-Sign Consent and the proceeding document;
- that your electronic signature is the legal equivalent of your manual signature on this document. By selecting "I Accept" you consent to be legally bound by the terms and conditions, where specified;
- that your use of a key pad, keyboard, mouse, touch screen or other device to select an item, button, icon or similar action or in accessing or making any transaction regarding any agreement, acknowledgement, consent terms, disclosures or conditions, constitutes your signature (hereafter referred to as "E-Signature"), acceptance and agreement as if actually signed by you in writing;
- that no certification authority or other third party verification is necessary to validate your E-Signature and that the lack of such certification or third party verification will not in any way affect the enforceability of your E-Signature or any resulting contract between you and us;
- and REPRESENT that you are authorised to enter into the terms of this E-Sign Consent and the proceeding document for all persons who are associated with the terms of this E-Sign Consent and the proceeding document and that such persons will be bound by the terms and / or conditions of this E-Sign Consent and the proceeding document;
- that each use of your E-Signature constitutes your agreement to be bound by the terms and conditions of this E-Sign Consent and the proceeding document, as they exist on the date of your E-Signature.
- Consent to electronic delivery
- You specifically AGREE to receive and/or obtain any and all Electronic Records via the Internet, a website, email, a mobile device, messaging services (including text messaging) and/or software applications (including applications for mobile or hand-held devices).
- You ACKNOWLEDGE that, for your records, you are able to retain Electronic Records by printing and/or downloading and saving this E-Sign Consent, the proceeding document, and any other Electronic Records, documents, or records that you agree to use your E-Signature.
- You ACCEPT Electronic Records provided by us as reasonable and proper notice, for the purpose of any and all Applicable Laws and AGREE that such electronic form fully satisfies any requirement that such records be provided to you in writing or in a form that you may keep.
- Paper version of Electronic Records
- You may request a paper version of an Electronic Record.
- You acknowledge that we reserve the right to charge you a reasonable fee for the production and mailing of paper versions of Electronic Records.
- To request a paper copy of an Electronic Record contact us by a written request to our mailing address, email address or facsimile number or by telephone to our offices.
- Revocation of electronic delivery
- You may choose to revoke your consent to receive and/or obtain electronic Communications.
- You acknowledge that we reserve the right to restrict or terminate your access to our Electronic Records and our Electronic Services if you withdraw your consent to receive Electronic Records or Electronic Services.
- If you wish to exercise your revocation of your consent, please contact us by a written request to our mailing address, email address or facsimile number or by telephone to our offices.
- Valid and current email address, notification and updates
- Your current valid email address is required in order for you to obtain our Electronic Records and Electronic Services.
- You agree to keep us informed of any changes in your email address.
- You may modify your email address by submitting a written notification to our mailing address, email address or facsimile number.
- Hardware, software and operating system
- You are responsible for installation, maintenance, and operation of your computer, browser and software. We are not responsible for errors or failures from any malfunction of your computer, browser or software. We are also not responsible for computer viruses or related problems associated with use of an online system.
- In this clause 6, "Current Version" means a version of the software that is currently being maintained by its publisher.
- To receive Electronic Records and Electronic Services, you must have access to:
- a Current Version of an Internet browser supported by us;
- a connection to the Internet;
- a Current Version of a software program that definitively interprets, reads and displays PDF files (e.g. Adobe Acrobat Reader);
- a computer and an operating system capable of operating those items noted at clause 6(c)(i), 6(c)(ii) and 6(c)(iii);
- an active email address;
- a printer if you wish to print and keep records and documents in hardcopy form; and
- digital storage if you wish to keep records and documents in electronic form.
- By providing your consent, you CONFIRM that:
- you have the hardware and software discussed at clause 6(c);
- you are able to receive and review Electronic Records and Electronic Services;
- you have an active email account; and
- you are authorised to consent on behalf of all account owners, product owners and/or service users, authorised signers, authorised representatives and delegates who utilise our products and services.