Electronic Consent Agreement
(Rev. 12/5/18)
This Electronic Signature and Transactions Disclosure and Consent Agreement (“Consent”) relates to the websites or online platforms, including mobile applications, owned or operated by Lotus Workforce, LLC (“Lotus”) and its corporate affiliates, including but not limited to Qualivis, LLC (each, a “Website”) and any Communications (as defined below) created, generated, sent, communicated, received, signed, or stored by electronic means between User and Lotus or its affiliates. This Consent describes User’s consent to do business with Lotus and its affiliates electronically and how Lotus and its affiliates deliver communications and electronic records to User electronically. Lotus may amend this policy at any time by posting a revised version on the Website.
Consent to do Business and Receive and Sign Communications Electronically
By entering into and accepting this Consent, User (the “User”) agrees and consents to electronically receive all Communications and to otherwise do business with Lotus and its affiliates electronically. User also agrees that this Consent and any other Communications may be signed electronically, and that such electronic signatures will have the same legal effect for all purposes, including validity, enforceability and admissibility, as a handwritten signature. Lotus may provide Communications to User through the Website or by emailing them to User at the primary email address designated by User to Lotus.
“Communications” shall include, without limitation, all agreements, policies, notices, disclosures, the Terms of Use, time cards, pay stubs, employment applications, personnel records or notices, work order confirmations, , invoices, annual disclosures, transaction receipts or confirmations statements, and transaction history, relating to User’s use of the Website or User’s relationship with Lotus or its affiliates, whether presented through the Website or a third-party platform.
DISCLOSURE AND CONSENT APPLICABLE ONLY TO CONSUMERS
The following terms also apply to User if User is a “consumer” as defined under the Electronic Signatures in Global and National Commerce Act, or as otherwise required by law:
Hardware and Software Requirements
In order to access and retain electronic Communications, User will need the following: access to a computer hardware and software; a computer with an Internet connection; current “web browser” that includes 128-bit encryption with cookies enabled; a current version of Adobe Acrobat Reader or other pdf reader software to open documents in pdf format; a valid email address; and sufficient storage space to save past Communications or an installed printer to print them.
Lotus will notify User if there are any material changes to the hardware or software needed to receive electronic Communications from Lotus. By giving User’s consent, User is confirming that User has access to the necessary equipment and is able to receive, open, and print or download a copy of any Communications for User’s records. User may print or save a copy of these Communications for User’s records as they may not be accessible online at a later date, or where required by law Lotus will retain copies and provide User with copies to upon written request.
How to Withdraw Consent
User has the right to withdraw User’s consent at any time. To withdraw consent, User may send a request by email to [email protected]. If consent is withdrawn, Lotus reserves the right to discontinue User’s access to the Website.
Requesting Paper Copies of Electronic Communications
If, after User consents to receive Communications electronically, User would like a paper copy of a Communication, User may request a copy within one hundred eighty (180) days (or within any longer time period where required by law) of the date Lotus provided the Communication to User by contacting Lotus at [email protected]. Lotus will send a paper copy to User by U.S. mail at the current street address on file with Lotus as User’s primary mailing address. If User requests paper copies from Lotus, Lotus may charge User at the current rate for copies.
Updating Contact Information
User is responsible for keeping User’s primary email address on file with Lotus up to date so that Lotus can communicate with User electronically. User understands and agrees that if Lotus sends User an electronic Communication but User do not receive it because User’s primary email address on file is incorrect, out of date, blocked by User’s internet service provider, or User are otherwise unable to receive electronic Communications, Lotus still will be deemed to have provided the Communication to User, to the extent permitted by applicable law. If User uses a spam filter or other technology that blocks or re-routes emails from senders not listed in User’s email address book, User must add Lotus to User’s email address book so that User will be able to receive the Communications Lotus sends to User.
User can update User’s primary email address or street address at any time by sending the updated information to Lotus by email to [email protected] or through the Website. If User’s email address becomes invalid such that electronic Communications sent to User by Lotus are returned, Lotus reserves the right to discontinue User’s access to the Website.
If User has any questions about this Consent, please contact [email protected].
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