ELECTRONIC COMMUNICATIONS AGREEMENT
EFFECTIVE MARCH 27, 2019
PLEASE READ THIS DOCUMENT CAREFULLY.
This Electronic Communications Agreement ("Disclosure") applies to all communications related to the demand deposit account issued by The Bancorp Bank ("Bank Account"), the savings account issued by The Bancorp Bank ("Savings Account), and/or the Personal Loan or Line of Credit issued by Varo Money, Inc. ("Lending Account), and accompanying services available through varomoney.com (the "Website") or mobile application ("Mobile App"). This Disclosure supplements and is to be construed in accordance with the terms of the agreement ("Bank Account Agreement") you received when you obtained the Bank Account, or your savings account agreement ("Savings Account Agreement") when you opened your Savings Account, or the terms of your Personal Loan Note or Varo Line of Credit Disclosure and Account Agreement ("Lending Account Agreement").
The Bank Account, Savings Account, or Lending Account is intended for use only by person(s) who are willing and able to receive notices and communications exclusively through the Website, the Mobile App or via electronic mail ("E-mail"). If you do not agree to receive the legally-required notices and communications described herein in electronic and not paper form, then you may not open a Bank Account, Savings Account, or Lending Account. Similarly, if after providing consent hereunder, you withdraw it, we reserve the right to close the Bank Account, Savings Account, or Lending Account and terminate your participation in the Bank Account, Savings Account or Lending Account programs.
- Scope of Communications to Be Provided in Electronic Form. When you use a product or service to which this Disclosure applies, you agree that any Communications will be provided in electronic format, to the extent allowed by law, and that paper Communications will not be sent. You consent to receive electronic Communications and transactions includes, but is not limited to:
- All legal and regulatory disclosures and communications associated with the Bank Account, Savings Account, Lending Account and any related products or services;
- The Bank Account Agreement, Savings Account Agreement, Lending Account Agreement and any notices about changes in terms;
- Privacy policies and notices
- Responses to claims filed in connection with the Bank Account, Savings Account, or Lending Account;
- Notices regarding insufficient funds or negative balances; and
- All other communications between us and Customer concerning the Bank Account, Savings Account, Lending Account and any related transactions, products or services.
- Method of Providing Communications in Electronic Form. All Communications that we provide in electronic form will be provided either (1) by E-mail or (2) by access to the Website, or (3) through the Mobile App.
- How to Withdraw Consent. You may withdraw consent to receive Communications in electronic form by contacting us at 1-800-827-6526. If you withdraw consent, the Bank Account and Savings Account will be closed and a balance refund check may be issued in accordance with the terms of the Bank Account Agreement. Any outstanding balances on your Lending Account will need to be repaid in accordance with their terms but no further advances or extensions will be permitted. If you withdraw consent, the legal validity and enforceability of prior Communications delivered in electronic form will not be affected.
- How to Update Records. It is your responsibility to provide us with a true, accurate and complete E-mail address, contact, and other information related to this Disclosure and the Bank Account, Savings Account, or Lending Account, and to maintain and update promptly any changes in this information. You can update information (such as the E-mail address) through the Mobile App or by contacting us at 1-800-827-6526. We are not responsible for any delay or failure in the receipt of the Communications if we send the Communications to the last E-mail address you provided to us.
Hardware and Software Requirements. In order to access, view, and retain electronic Communications that we make available, you must have:
- an Apple iPhone running iOS version 8.0 or higher;
- an Android device running Android OS 5.0 Lollipop and above and access to the Google Play Store;
- a personal computer capable of running one of these compatible browsers:
- Internet Explorer version 9.0 or higher
- Firefox version 35 or higher
- Safari version 6.1 or higher
- Chrome version 38 or higher and,
- access to an active e-mail account with an Email service provider.
We may update these requirements as necessary to preserve the ability to receive electronic Communications. If there is a substantial change in these requirements, you will be notified of the changes accordingly.
- Requesting Paper Copies. We will not send paper copies of any Communication, however, we reserve the right, but assume no obligation, to provide a paper (instead of electronic) copy of any Communication that you have authorized us to provide electronically. You can obtain a paper copy of an electronic Communication by printing it or by requesting that we mail a paper copy. To request a paper copy, call us at 1-800-827-6526 during normal business hours.
- Communications in Writing. All Communications in either electronic or paper format from us to you will be considered "in writing." You should print or download a copy of this Disclosure and any other Communications.
- Federal Law. You acknowledge and agree that consent to electronic Communications 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 (the "Act"), and that you and we both intend that the Act apply to the fullest extent possible to validate our mutual ability to conduct business by electronic means.
- Termination/Changes. We reserve the right, at our sole discretion, to discontinue the provision of electronic Communications, or to terminate or change the terms and conditions upon which electronic Communications are provided. We will provide you with notice of any such termination or change as required by law.
- Consent. By checking "I agree," you adopt the checkmark as your electronic signature and you give us your affirmative consent to receive electronic Communications as described herein. You further agree that your computer satisfies the hardware and software requirements specified above and that you have provided us with your current E-mail address to which we may send you electronic Communications.