Electronic Communications Agreement
This E-sign Disclosure and Consent (“E-sign Consent”) applies to all Records and Communications for services provided on the Current website and mobile application.
ESIGN Consent
“Records and Communications” includes all communications and mobile application notifications related to the accounts issued by EKCHAT, Inc and Stripe through Program Manager EkPay dba EkChat (“EkChat”), EkPay (“EkPay”), E (“E”) including the services described in the Terms of Service as well as any modification or amendments hereto; any policies, notices or disclosures; and all other information that we may be required to provide to you in writing by law.
Records and Communications 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:
a. 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 Current to you, or (iii) to the extent permissible by law, by access to a website generally designated in advance for such purpose.
b. How to Withdraw Consent.
You may withdraw your consent to receive Records and Communications in electronic form by contacting us in the mobile application or our website. Once we process your request to withdraw your consent to receive Records and Communications in electronic form, your access and use of the Current services will terminate. 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.
c. 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 Current services and to maintain and update promptly any changes in that information. You can update your information by contacting us in the mobile application or at 1-888-851-1172.
d. Hardware and Software Requirements.
In order to access, view and retain electronic Records and Communications that we make available to you, you must have:
e. Requesting Paper Copies.
We will send no paper copy of any Records and Communications to you unless you request it or we otherwise deem it appropriate to do so. You can obtain a paper copy of your electronic Records and Communications by printing it yourself or by requesting that we mail you a paper copy. To request a paper copy of any particular Records and Communication be mailed to you, contact us in the mobile application or at 1-888-851-1172. Please make sure to state that you are requesting a paper copy of particular Records and Communications.
f. 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.
g. 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 Current both intend that the Act apply to the fullest extent possible to validate our ability to conduct business with you by electronic means.
h. Termination/Changes.
Current 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.
i. Consent.
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 Current with a current email address at which we may send you electronic Records and Communications.
j. 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.
User Generated Content
Our services allow you to post content. We reserve the right to remove any objectionable content that you upload, whether reported or otherwise.
We intend to keep user generated content and discourse in our services free from hate speech, profanity, nudity and any disrespectful, rude, objectionable or abusive behaviour.
We do not tolerate any form of hate speech, disinformation or any content that may not be suitable for children aged 12 years and above.
We reserve the the right to remove or permanently ban any user who abuses other users or who violates our Terms of Service.
We have a zero tolerance policy for hate speech and disinformation. Any content that breaches our community standards will be removed whether reported or not.
Your Data
Your data and information always belongs to you.
You can change, modify or delete your content or account whenever you want.
We do not share your information with anyone. The only exception to this policy is when we have to comply with the law in the jurisdictions we operate in.
We host your and serve your data from multiple data centres around the world.
Any content that you share publicly using our platform is considered as information you have personally disclosed in the public domain. We are not responsible for what you choose to share publicly.
We respect your privacy.
Copyright Protection
We respond to notices of alleged copyright infringement and terminate accounts of repeat infringers according to our user policies. Please direct any inquiry regarding alleged copyright infringement to copyright@ekchat.org or by filling in the form on our contact page.
Modifying and Terminating our Services
We are constantly changing and improving our Services. We may add or remove functionalities, content or features, and we may suspend or stop a Service altogether.
You can stop using our Services at any time, although we’ll be sorry to see you go. EkChat may also stop providing Services to you, or add or create new limits to our Services at any time.
Business uses of our Services
If you are using our Services on behalf of a business, that business accepts these terms. It will hold harmless and indemnify EkChat and its affiliates, officers, agents, and employees from any claim, suit or action arising from or related to the use of the Services or violation of these terms, including any liability or expense arising from claims, losses, damages, suits, judgments, litigation costs and attorneys’ fees.
About these Terms
We may modify these terms or any additional terms that apply to a Service to, for example, reflect changes to the law or changes to our Services. You should look at the terms regularly. We’ll post notice of modifications to these terms on this page. We’ll post notice of modified additional terms in or with the applicable Service. Changes will not apply retroactively and will become effective no sooner than fourteen days after they are posted. However, changes addressing new functions for a Service or changes made for legal reasons will be effective immediately. If you do not agree to the modified terms for a Service, you should discontinue your use of that Service.
If there is a conflict between these terms and the additional terms, the additional terms will control for that conflict.
These terms control the relationship between EkChat and you. They do not create any third party beneficiary rights.
If you do not comply with these terms, and we don’t take action right away, this doesn’t mean that we are giving up any rights that we may have (such as taking action in the future).
If it turns out that a particular term is not enforceable, this will not affect any other terms.
The laws of California, USA will apply to any disputes arising out of or relating to these terms or the Services. All claims arising out of or relating to these terms or the Services will be litigated exclusively in the Courts of California, USA and you and EkChat consent to personal jurisdiction in those Courts.
For information about how to contact us, please visit our contact page.
All product names, logos, trademarks, and brands are the property of their respective owners. All company, product and service names used in this website or any of our products are for identification purposes only. Use of these names, logos, and brands does not imply endorsement.
Other trademarks and trade names may be used in this website or any of our products to refer to either the entities claiming the marks and/or names or their products and are the property of their respective owners. We disclaim proprietary interest in the marks and names of others.
Terms of Service Last Updated: 20 August, 2020.