Last Modified: October 21, 2020
This Consent to Electronic Communications (the “Consent”) contains important information about your legal rights—please read it thoroughly and print or save a copy. As used in this Consent, “Account” means all account, products or services you have with us. The words “we,” “us“, “our” and “Pangea” refer to Pangea Universal Holdings, Inc. (“PUH”), Pangea USA, LLC (“PUSA”) and any of our subsidiaries or affiliates, and the words “I,” “you” and “your” mean each holder of an Account with us. This disclosure covers all of your Accounts with us.
1. Legally Required Communications and Disclosures.
We must provide you with certain communications and disclosures in writing (i.e., you have a right to receive such communications on paper) pursuant to applicable laws and regulations. This information may be provided to you electronically if you agree to this Consent. Because all of our Accounts are provided through a mobile application or online and use electronic means to deliver information, you must agree to this Consent to obtain and use an Account. If you do not agree to this Consent we cannot provide you with an Account or access to the Services, and if you agree to the Consent but later withdraw your Consent, we will have to close your Account.
2. Required Consent; Categories of Communications.
By agreeing to this Consent, you agree that we may provide you all of the Communications described below electronically. This means that we may deliver these Communications to you electronically on our website when you access your Account, by delivering the Communication by our mobile application, by SMS text message, or by e-mail. The “Communications” that we will deliver to you electronically include all agreements; disclosures; notices and other information and communications regarding your Accounts; the use of our websites; our relationship with you; and such other products, services or programs that may be made available to you. These Communications include, but are not limited, to the following:
a. This Consent and any updates to this Consent;
b. Disclosures, agreements, notices, statements and other information related to the opening or initiation or operation or maintenance of your Account. That will include, but is not limited to, account agreements, account information, account activity, fee schedules or other disclosures, notices or information that may be required by the Electronic Fund Transfer Act, the Equal Credit Opportunity Act, the Fair Credit Reporting Act, the Telephone Consumer Protection Act, consumer privacy rules, and other applicable federal or state laws and regulations;
c. Any notice of the addition of new terms and conditions or the deletion or amendment of existing terms and conditions applicable to Accounts;
d. Our Privacy Notice and other privacy statements or notices;
e. Certain information or forms that we request from you and ask you to submit electronically.
We reserve the right, but assume no obligation, to provide you a paper copy of any Communication that you have authorized us to provide electronically. All Communications sent to you in electronic format or paper format will be considered to be “in writing” for legal purposes.
3. How to Withdraw Consent; Effect of Withdrawal.
You may withdraw this Consent at any time by contacting us at email@example.com. If you withdraw this Consent: (i) we will immediately suspend or terminate any Accounts you have with us; (ii) you will remain responsible for any amounts that may come due under any such Accounts; and (iii) any other obligations you have under any agreements governing such Accounts will remain in full force and effect. Withdrawal will not affect any Communications we provided to you prior to your withdrawal, and we will send any required further Communications to you in paper form. We will not impose any fee in connection with any withdrawal of this Consent or any Communication provided in paper form. Any withdrawal of this Consent will be effective only after we have a reasonable period of time to process your withdrawal request.
4. Retention of Electronic Communications.
You should print or make a copy of any Communications you receive by emailing it to yourself, using the “Print” button to print a copy or by saving a copy by downloading it to your computer or mobile phone.
5. Obtaining Paper Copies of Communications.
Upon request, we will provide you with a paper copy of any Communication that we have provided to you electronically. If you would like a paper copy of any Communication, please make the request to firstname.lastname@example.org. There will be no charge for a paper copy of any Communication we have sent to you electronically.
6. Hardware and Software Requirements.
To electronically receive and view and/or electronically save or print the Communications, you must have:
a. a personal computer with Internet access;
b. a widely-used, recent-generation web browser (for example, Internet Explorer, Safari or Firefox);
c. a widely-used, recent-generation portable document file reader (for example, Adobe Reader);
d. an email address;
e. either a printer, hard drive or other storage device; and
f. a recent device operating system and carrier plan that supports text messaging.
By providing this Consent, you are representing to us that you have the hardware, software, email address and email capacities described above, and your ability to read this Consent demonstrates that you have the necessary hardware and software to receive Communications electronically.
7. Updating Your Records.
You must immediately notify us of any change to your email address, contact information and other information related to this Consent and your Account(s). You can update this information by emailing us at email@example.com. You represent and agree that you have provided us with a current e-mail address at which we may send electronic Communications to you.
8. Federal Law.
You acknowledge and agree this 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 (the “E-SIGN Act“), and that you and we both intend that the E-SIGN Act apply to the fullest extent possible to validate our ability to conduct business with you by electronic means.
9. Reservation of Rights.
This Consent does not apply to any Communication that we determine, in our sole discretion, that we are required to deliver in paper form under applicable law or that you should receive in paper rather than electronic form. We reserve the right, in our sole discretion, to discontinue the provision of your electronic Communications, or to terminate or change the terms and conditions on which we provide electronic Communications. We will provide you with notice of any such termination or change as required by law.
10. Consent. By registering for a Pangea Account or continuing to access your Pangea Account, you hereby (a) agree to electronically contract with us regarding this Consent, (b) give your affirmative consent for us to provide electronic Communications to you as described above, and (c) acknowledge your receipt of electronic Communications provided to you in connection with your Account and transactions prior to the date of this Consent.