Effective: October 7th , 2020
This Electronic Communications Agreement (“Disclosure”) applies to all communications related to the accounts, products, and services (“Services”) offered or made available to you by Simon Wallet, Inc. d/b/a Simba and its affiliates (collectively, “we”, “us,” and “our”) through www.hellosimba.com and the Simba mobile application. This Disclosure supplements and is to be construed in accordance with the terms contained in the account agreements you have with us and our banking services provider for the Services. The words “I,” “you” and “your” mean any individual or entity who accepts this Disclosure.
Federal law requires us to provide certain information to you in writing, which means you have a right to receive that information on paper. We may provide this information to you electronically, instead, with your prior consent. Since our Services are provided online and use electronic means to deliver information, this means we can only give you the best experience if we can communicate with you electronically. Therefore, in order to use our Services, you must review and consent to this Disclosure. If you do not agree to receive notices and communications described in this Disclosure in electronic and not paper form, you may not use the Services. If you withdraw the consent you provide under this Disclosure, you may lose access to the Services and any accounts you have may be closed.
1. Your Consent to Electronic Signatures. By accepting this Disclosure, you understand and agree that: (i) electronically signing and submitting any document(s) to us legally binds you in the same manner as if you had signed in a non-electronic form, and (ii) the electronically stored copy of your signature, any written instruction or authorization and any other document provided to you by us is considered to be a true, accurate and complete record, legally enforceable in any proceeding to the same extent as if such documents were originally generated and maintained in printed form. You agree not to contest the admissibility or enforceability of our electronically stored copy of this Disclosure and any other documents.
2. Your Consent to Electronic Communications. You understand that agreements, disclosures, notices, and other information regarding our Services, the use of our websites, and your relationship with us (collectively, “Communications”) may be provided to you electronically, and, by accepting this Disclosure, you affirmatively consent and agree to receive all such Communications in an electronic form. Your consent to receive electronic Communications and transactions includes, but is not limited to:
a. Legal and regulatory disclosures and communications associated with your accounts (e.g., account terms; periodic statements)
b. Change-in-terms notices
c. Privacy policies and notices
d. Responses to customer Communications and claims
e. Notices regarding insufficient funds, negative balances, or other issues with transactions
f. All other Communications between us and you regarding the Services
3. Delivery Method of Electronic Communications. Communications may be posted on Simba websites or the Simba mobile applications or delivered to your email address. You may print a paper copy of or download any electronic communication and retain it for your records. All Communications in electronic format will be considered to be “in writing,” and to have been received on the day of posting, whether or not you have received or retrieved the Communication. We reserve the right to provide Communications in paper format.
4. Paper Version of Electronic Communications. We will not send paper copies of any Communication, however, we reserve the right with no obligation, to provide a paper copy of any Communication that you have authorized use to provide electronically. You may obtain a paper copy of an Electronic Communication by printing it or by requesting that we mail a paper copy. You acknowledge that we reserve the right to charge you a reasonable fee for the production and mailing of paper versions of electronic Communications. To request a paper copy, call Customer Support at 866-674-9630, email email@example.com or write to the Program Manager at Simon Wallet, Inc. dba Simba, 115 Broadway, 5th Floor, NY, NY 10006.
5. Withdrawing Consent. Your consent to receive Communications electronically is valid until you revoke your consent by notifying us of your decision to do so by contacting us at Simon Wallet, Inc. dba Simba, 115 Broadway, 5th Floor, NY, NY 10006, or by email at firstname.lastname@example.org, or by calling Customer Support at 866-674-9630. If you revoke your consent to receive Communications electronically, from that time forward: (1) you will lose your ability to apply for or obtain Services; (2) any pending applications will be considered withdrawn; (3) we will terminate your right to use the website or the Simba mobile application or obtain or maintain the Services; and (4) you will be issued a balance refund check in accordance with the terms associated with any account you maintain with us. You accept sole liability for any losses, liabilities, cost, damages and expenses resulting from such an involuntary termination of the Services, to the extent permitted by law. Any withdrawal of your consent will be effective after a reasonable period of time for processing your request and we will then send Communications to the address in our records.
6. Hardware and Software Requirements. To access and retain electronic Communications, you will need the following:
We may update these requirements periodically in order to maintain our ability to provide electronic Communications; if these requirements change in a substantial way, we will notify you of the changes.
7. Changes to Your Contact Information. In the event that your e-mail address or other contact information changes, you must update said information on the Simba mobile app, by calling Customer Support at 866-674-9630, or notifying us at email@example.com of such changes immediately.
8. Miscellaneous. This Disclosure does not replace, supplement, or modify other agreements that you may have or will have with us that have terms and conditions regarding electronic disclosure and consent. To the extent that this Disclosure and another agreement contain conflicting provisions, the provisions in other agreement will take precedence and control.
9. Consent. By clicking “I Agree” or checking the box on the webpage that linked you to this Disclosure, you are agreeing that you have reviewed and agree to this Disclosure. You further agree that your computer and any other electronic means you use to access the Services satisfies the hardware and software requirements specified above and that you have provided us with your current and correct contact information to which we may send you electronic Communications.