This E-sign Disclosure and Consent (“E-sign Consent”) applies to all Records and Communications for Faire Pay services provided on the Faire website. “Records and Communications” includes all communications related to the Faire Pay accounts issued by Faire, including the services described in the Faire Pay Terms and Conditions (https://www.faire.com/tos-faire-pay) as well as any modification or amendments hereto; any Faire Pay policies, notices or disclosures; and all other information that we may be required to provide to you in writing by law concerning Faire Pay.
a. Records and Communications May be Provided in Electronic Form. You agree that we may provide you with Records and Communications in electronic format. Your consent to receive electronic Records and Communications includes, but is not limited to:
- All legal and regulatory disclosures and communications for Faire Pay services;
- Notices or disclosures about a change in the terms governing use of Faire Pay services;
- Privacy policies and notices for Faire Pay;
- Responses to claims filed in connection with Faire Pay.
b. Providing Records and Communications in Electronic Form. All Records and Communications to you in electronic form may be provided (i) by email, (ii) by access to a website designated in an email notice from Faire to you, or (iii) to the extent permissible by law, by access to a website generally designated in advance for such purpose.
c. How to Withdraw Consent. You may withdraw your consent to receive Records and Communications in electronic form by contacting us through Customer Service on the Faire website. Please be aware that once we process your request to withdraw your consent to receive Records and Communications in electronic form, your access and use of Faire Pay and related services will terminate. You will still be required to pay off any unpaid Faire Pay balance. Any withdrawal of your consent to receive electronic Records and Communications will be effective only after we have a reasonable period of time to process your withdrawal. Your withdrawal of consent will not affect the legal validity or enforceability of any Records and Communications that we or our issuing bank partners provided to you in electronic form before your withdrawal became effective.
d. How to Update Your Information. You are responsible to provide us with true, accurate and complete email address, contact and other information related to this E-sign Consent and to Faire services and to maintain and update promptly any changes in that information. You can update your information by submitting changes under your account profile on the Faire website, or by contacting us through Faire Customer Service.
e. Hardware and Software Requirements. In order to access, view and retain electronic Records and Communications that we make available to you, you must have:
- A current, up-to-date internet browser that we support (e.g., Google Chrome);
- Local, electronic storage capacity to retain Records or Communications or a printer to print them;
- A valid email account and software to access that email account;
- An up-to-date device or devices (e.g., computer, tablet, mobile phone, etc.) suitable for connecting to the Internet and supported by Faire;
- An operating system capable of receiving, accessing and displaying Records and Communications from us in electronic form via text-formatted email or access to our website using a supported browser;
- And if we provide Records or Communications by Portable Document Format (PDF), software that enables you to open and view PDF files (e.g., Adobe).
We may update these hardware and software requirements as necessary. If there is a change in these requirements that creates a material risk that you will not be able to access or retain electronic Records and Communications, we will provide you with notice of the revised requirements as required by law. By continuing to use Faire Pay after receiving such notice, you are reaffirming your consent to receive Records and Communications electronically.
f. Paper Copies. We will not send paper copies of any Records and Communications to you unless we deem it necessary and appropriate to do so. If you choose, you may obtain paper copies by printing the Records and Communications yourself, as we are unable to provide or mail paper copies at your request. If you require us to send you paper copies, we may consider that a withdrawal of your consent to receive electronic records, and may terminate your Faire Pay account.
g. Records and Communications in Writing. All Records and Communications in electronic or paper format from us to you will be considered “in writing”. You should print or download for your records a copy of this E-sign Consent and any other Records and Communications important to you.
h. Federal Law. You acknowledge and agree that this E-sign Consent is being provided by you 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 Faire both intend that the Act apply to the fullest extent possible to validate our ability to conduct business with you by electronic means.
i. Termination/Changes. Faire reserves the right, in our sole discretion, to discontinue the provision of electronic Records and Communications, or to terminate or change the terms and conditions on which we provide electronic Records and Communications. We will provide you with notice of any such termination or change as required by law.
j. Consent. By clicking “Get started,” “Continue,” “I Agree,” or otherwise electronically indicating your agreement to this E-sign Consent in the Faire Pay onboarding flow, you adopt that action as your electronic signature. You hereby give your affirmative consent to receive electronic Records and Communications as described in this E-sign Consent. You further agree that your computer or other device satisfies the hardware and software requirements specified above and that you have provided Faire with an email address at which we may send you electronic Records and Communications.
h. Mobile Contact. If you give a mobile phone number directly to us (e.g. as part of the sign-up process), you consent to and agree to accept text/SMS messaging related to the servicing of your account to your mobile phone from us and our agents. For any service related messaging, text messages placed to you by us or our agents, you consent and agree that those messages may be automatically sent. You may incur fees from this contact by your mobile service provider.