You agree that the Electronic Communications Agreement and Disclosures applies to all electronic communications with Imagine Financial, Inc., a Delaware corporation, (“Imagine”) and the Electronic Funds Transfer Disclosures apply to all electronic funds transfers using the mobile device applications that Imagine provides you to enable you to pay for purchases at Imagine Network Merchants by initiating electronic funds transfers from your bank account (the “Imagine Service”). An “Imagine Network Merchant” is a merchant with whom Imagine has contracted and who is eligible to receive electronic fund transfers that you initiate and authorize using the Imagine Service. “We”, “us”, “our” refers to Imagine. "You" and "your" mean the person applying for the Imagine Service. “Communication” or “communications” means any message, short message service (“SMS”), correspondence, documents, writings, disclosures, or other information we may provide to you electronically relating to the Imagine Service, including information that we are required by law to provide to you in writing. Imagine designed the Imagine Service for individuals who choose to communicate with us electronically and are able to receive notices and communications exclusively through the Imagine Service, our websites, mobile device applications, SMS messaging, or by electronic mail ("e-mail").
Electronic Agreement and Disclosures
1. Scope of Communications to Be Provided in Electronic Form
When you apply for the Imagine Service with us and initiate an electronic funds transfer ("EFT"), or otherwise use the Imagine website or mobile applications, you agree that any communications will be provided in electronic format, to the extent permitted by law, and not in paper format. Your consent to receive electronic communications includes:
1.1. All legal and regulatory disclosures and communications for the Imagine Service or EFT;
1.2. Notices or disclosures for any servicing and collection notices or demands;
1.3. Disclosures or statements we provide to you regarding the Imagine Service;
1.4. Notices, disclosures or agreements required for any EFT;
1.5. Notices or disclosures about a change in the terms for the Imagine Service or any associated payment feature;
1.6. Privacy policies and notices; and
1.7. Any other communications between you and us regarding EFTs or Imagine’s products and services.
2. Method of Providing Communications to You in Electronic Form
All communications that we provide to you in electronic format will be provided either (a) in the Imagine Service; (b) via e-mail, (c) by access to a website that we will designate in an e-mail notice we send to you at the time the information is available, (d) via electronic messaging, such as SMS messaging, or (e) to the extent permissible by law, by access to a website or mobile device application that we will generally designate in advance for such purpose.
3. How to Withdraw Consent
You may withdraw consent to receive communications in electronic form by notifying us at our website www.gotimagine.com.
4. Consequences of Withdrawing Your Consent
If you do not agree to receive all communications described herein in electronic form, you may not establish an account to obtain or use the Imagine Service or initiate an EFT with us. If you withdraw your consent after providing consent to delivery and receipt of electronic communications, we will send you a notice and advise you of: (a) the last time we will effect EFTs for you using the Imagine Service and (b) when and how payments you owe us are due. The legal validity and enforceability of our prior electronic communications are not affected if you withdraw consent to electronic delivery of communications.
5. How to Update Your Records
It is your responsibility to provide us with true, accurate and complete e-mail address, contact, and other information related to these Agreements and Disclosures and for your Imagine Service account or EFTs, and to maintain and update promptly any changes in this information. You can update information (such as your e-mail address) using the Imagine application or at our website, www.gotimagine.com.
6. Hardware and Software Requirements
In order to access, view, and retain electronic communications that we make available to you, you must have:
6.1. an Internet browser that supports 128-bit encryption;
6.2. sufficient electronic storage capacity on your computer's hard drive or other data storage unit;
6.3. Adobe(R) Acrobat(R) Reader(R) 6.1 or higher;
6.4. an e-mail account with an Internet service provider and e-mail software in order to participate in our electronic communications programs;
6.5. a personal computer, operating system and telecommunications connections to the Internet capable of receiving, accessing, displaying, and either printing or storing communications received from us in electronic form via a plain text-formatted e-mail or by access to our web site using one of the browsers specified above; and
6.6. a smartphone capable of running Imagine’s mobile application.
We will update these requirements as necessary to preserve the ability to receive electronic communications and notify you if there is a substantial change in these requirements.
7. Requesting Paper Copies
We will not send paper copies of any communication; however, you may obtain a paper copy of any electronic communication by printing it from our website at www.gotimagine.com.
8. Electronic Communications Are Writings
All communications in electronic format from us are considered "in writing." You may print or download for your records this Agreement and Disclosure and any communications regarding your Imagine Service account or an EFT.
9. Federal Law
You acknowledge and agree that your consent to electronic communications is being provided regarding transactions affecting interstate commerce that is subject to the federal ElectronicSignatures in Global and National Commerce Act (“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.
We may, in our sole discretion, change the terms and conditions on which we provide electronic communications, including any applicable discount for receiving electronic communications. We will provide you with notice of any such termination or change as required by law.
Electronic Funds Transfer Disclosures
1. Purchases by Electronic Funds Transfer
You can make a purchase at any Imagine Network Merchant by electronic funds transfer using the Imagine Service. we have enabled Imagine Network Merchants to accept your electronic funds transfer using the Imagine Service as a method of payment. This includes making a purchase using your mobile phone in a Imagine Network Merchant’s physical store or selecting and using Imagine to pay for goods and services online at the merchant’s checkout.
2. Consumer Liability
2.1. Tell us and your bank immediately if you believe your Imagine Service login credentials have been lost or stolen, or if you believe that an electronic fund transfer using the Imagine Service has been made without your permission. Also, if your bank statement shows transfers using the Imagine Service that you did not make, including those made by any means, tell us and your bank at once. Emailing us at firstname.lastname@example.org and telephoning your bank is the best way of keeping your possible losses down. You could lose all the money in your bank account (plus your maximum overdraft line of credit) if you fail to notify your bank timely.
2.2. If you tell your bank within 2 business days after you learn of the loss or theft of your Imagine Service login credentials, you cannot lose any more than $50 if someone used your Imagine Service login credentials without your permission.
2.3. If you do not tell us and your bank within 2 business days after you learn of the loss or theft of your Imagine Service login credentials, and Imagine can prove that we could have stopped someone from using the Imagine Service to access your linked bank account without your permission if you had told us, you could lose as much as $500.
2.4. If you do not tell your bank within 60 days after your bank mailed your periodic bank statement to you, you may not get back any money you lost after the 60 days if your bank can prove that it could have stopped someone from taking the money if you had told them in time. If a good reason(such as a long trip or a hospital stay) kept you from telling your bank, they may be obligated to extend the time periods.
2.5. For purposes of these disclosures, our business days are any day except Saturdays, Sundays and days that federally-insured depository institutions are permitted to be closed.
3. How to Contact Us in Event of Unauthorized Transfer
If you believe your login credentials for the Imagine Service have been lost or stolen, email us at email@example.com. Please contact your bank to determine how to best notify them.
4. Transfer Types and Limitations
You only may use the Imagine Service to pay for purchases at Imagine Network Merchants. For security reasons, we may limit the amount of your purchases.
We will not charge you a monthly or annual fee for electronic funds transfers you make using the Imagine Service. Check with your bank to determine if your bank charges you any fees for electronic funds transfers.
6. Privacy and Confidentiality
We will disclose information to third parties about your account or the transfers you make:
6.1. Where it is necessary for completing electronic payment transfers;
6.2. In order to verify the existence and condition of your bank account for a third party, such as an Imagine Network Merchant;
6.3. In order to comply with government agency or court orders, or
6.4. If you give us your written permission.
We will provide you an electronic receipt at the time you make any transfer to or from your bank account using the Imagine Service.
8. Periodic Statements from Your Bank
We will not send you a periodic statement listing all the electronic funds transfer ("EFTs") that you make on your bank account. These EFTs will appear only on the statement issued by your bank or other financial institution. SAVE THE RECEIPTS YOU ARE GIVEN WHEN YOU USE THE IMAGINE SERVICES, AND CHECK THEM AGAINST THE ACCOUNT STATEMENT YOU RECEIVE FROM YOUR BANK OR OTHER FINANCIAL INSTITUTION. If you have any questions about one of these EFTs, email us at firstname.lastname@example.org.
9. Imagine Liability
If we do not complete a transfer to or from your bank account on time orin the correct amount according to our agreement with you, we will be liable for your losses or damages to the limit specified in the agreement. However, there are some exceptions. We will not be liable, for instance if: (a) through no fault of ours, you do not have enough money in your account to make the transfer; (b) the transfer would go over the credit limit on any over draft line you have on your bank account; (c) the Imagine Service was not working properly and you knew about the breakdown when you started the transfer; and (d) circumstances beyond our control prevent the transfer, despite reasonable precautions that we have taken.
By checking the “Consent" button in the sign up process, you: (a) give us your affirmative consent to receive electronic communications, (b) acknowledge that your computer and mobile device satisfy the hardware and software requirements in paragraph 6 of the Electronic Communications Agreement and Disclosures, (c) provided us with your current e-mail address to which we can send you electronic communications, and (d) acknowledge the delivery of the Electronic Funds Transfer Disclosures.