Dave Consent to Electronic Communications and Disclosures
This Consent to Electronic Communications and Electronic Signatures (“Consent”) contains important information about your legal rights. Please read it thoroughly and save a copy. As used in this Consent, “Services” means each and every account, deposit product, debit card, product or service we offer that you apply for, own, use, administer or access, either now or in the future. The words “we,” “us” and “our” refer to Dave Operating LLC (“Dave”) and its bank partners and affiliates, and the words “I,” “you” and “your” mean each person giving this consent related to Services that you apply for, use or access with or through us. This disclosure covers all of the Services provided by us or through us.
We must provide you with certain communications and disclosures in writing. We will provide this information to you electronically if you agree to this Consent. We also need your consent to use electronic signatures throughout our relationship with you. Because our Services are provided online and we use electronic means to deliver information, you must review and agree to this Consent to obtain and use the Services. Before we can provide you with the services or products you have requested, you must review and consent to the terms outlined below.
1. Purpose and Scope Of Consent
By agreeing to this Consent, you agree that we may use electronic delivery to communicate with you regarding the Services we provide. We may provide any or all agreements, disclosures, notices and other information and communications regarding the Services and our relationship with you; and such other products or programs that may be made available to you (collectively, the “Communications”) either electronically on our website or mobile application, through a hyperlink provided on our website or in the Dave app, or, in our sole discretion electronically to the email address or mobile telephone number that you have provided to us. By agreeing to this Consent, you also agree that we may use electronic signatures and obtain them from you as part of our transactions with you. Communications include, but are not limited, to the following:
- This Consent and any updates thereto;
- Agreements, disclosures, notices and other information related to the application for Services, including but not limited to, account agreements, fee schedules or other disclosures or notices that may be required by the Electronic Fund Transfer Act, Fair Credit Reporting Act, Gramm Leach Bliley Act, Telephone Consumer Protection Act and other applicable federal or state laws and regulations;
- Disclosures and notices relating to the maintenance or operation of Services including, but not limited to account information, account activity or inactivity, payments made or due, periodic statements, disclosures or notices that may be required by the Truth in Savings Act, Electronic Fund Transfer Act, Fair Credit Reporting Act, Gramm Leach Bliley Act or other applicable federal or state laws and regulations;
- Any disclosure or notice regarding any fee;
- Any notice of the addition of new terms and conditions or the deletion or amendment of existing terms and conditions applicable to your Services;
- Our Privacy Notice and other privacy disclosures;
- Certain tax statements or notices, such as annual IRS interest statements; and
- Certain information or forms that we request from you and ask you to submit electronically.
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.
2. Method Of Providing Communications In Electronic Form
All Communications that we provide in electronic form will be provided either (1) by e-mail, (2) by access to a website designated in an email notice from us, (3) through any mobile application we may make available, (4) to the extent permitted by law, by access to a website generally designated in advance for such purpose, or (5) in the manner specified in any other agreement we or our affiliates have with you.
If you request a new product, service or account with us, we may remind you that you have already consented to receiving electronic Communications and using electronic signatures in your relationship with us. Continuing to use our Services after receiving updates to our system requirements signifies your acceptance of the change and reaffirmation of your consent.
3. Keeping Your Records Current
It is important that you maintain a valid email address so we can provide Communications to you. You must promptly notify us of any change in your email address. It is your responsibility to provide us with a true, accurate and complete e-mail address, street address, and other information in connection with a Service, and to maintain and update promptly any changes in this information. You may update certain information (such as your phone number and address) through the mobile application associated with your Service; to update your email address contact us at email@example.com. 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.
4. System Requirements For Accessing Communications
In order to access, view, and retain electronic Communications that we make available, you must have:
- A computer with an internet connection that:
- That is running Mac OS X or higher, or Windows 7 or higher, Safari, Internet Explorer 10 or higher, Chrome or Firefox
- A mobile device that:
- That is running iOS 13.0 or higher, or Android 9.0 or higher, Safari, Android Browser or Chrome
- A valid email address
- Sufficient storage space to save Communications or the capability to print the Communications from your computer or mobile device
We may update these requirements as necessary. If there is a substantial change in these requirements, you will be notified as required by law.
5. Requesting Paper Copies
You agree that we have no obligation to provide you Communications in paper format, although we reserve the right to do so at any time. We will only provide paper copies upon request where required by law. To request a paper copy of a Communication that we are required by law to provide, email us at firstname.lastname@example.org. There may be a fee associated with the request for the delivery of paper copies of any Communication provided electronically pursuant to this Consent.
6. Communications In Writing
By accepting this Consent, you agree that all electronic Communications shall be considered "in writing" and have the same meaning and effect as if provided in paper form, unless you have withdrawn your consent to receive Communications electronically.
7. Withdrawing Your Consent
You can withdraw your consent to receive Communications electronically at any time by contacting us at email@example.com. If you withdraw this Consent: (i) we may immediately suspend or terminate any Account you have with us; (ii) you will remain responsible for any amounts that you owe us or may come due under any such Account; and (iii) any other obligations you have under any agreements governing such Account will remain in full force and effect. Your withdrawal of consent will become effective after we have had a reasonable opportunity to act upon it.
By applying for or using a Service or by checking any call to action on an online or mobile application form (including "I Agree" or similar language), you give us affirmative consent to receive electronic Communications as described herein.
By providing your consent, you are also confirming that you have the hardware and software described above, that you are able to receive and review electronic Communications, and that you have an active email account. You are also confirming that you are authorized to, and do, consent on behalf of all the other account owners, authorized signers, authorized representatives, delegates, product owners, and/or service users identified with your Services.