General

Square E-Sign Consent

Last updated: 21 July 2023

Important Notice: In order to sign up for a Square Account, (a ‘Square Account’), as defined in the Terms of Service, Square AU Pty Ltd ACN 167 106 176 (‘Square’) must provide certain disclosures required by law. Square can only provide these disclosures and other information electronically if the applicant consents.

Definitions

In this E-Sign Consent, the following definitions apply: ‘I’, and ‘me’ mean the person or persons who is applying to establish a Square Account. ‘You’ means Square and any person, company, bank or financial institution that is an assignee of Square’s rights.

During the sign-up process for the Square Account, by ticking the box: ‘I/We have read and have the authority to agree, and by ticking this box do agree, to the Terms of Service, Privacy Policy and E-Sign Consent (including agreement to dispute resolution by arbitration)’ and by signing up for the Square Loans product by ticking the box agreeing to the Square Loan Agreement and the Business Purpose Declaration I consent and agree that:

Ticking the box has the same effect as if I signed the agreements in ink;
You can send all communications, billing statements and disclosures, including, but not limited to, this Square E-Sign Consent, the Square Privacy Policy, the Terms of Service, the Square Commercial Entity Agreement, the Square Loan Agreement (as applicable), the Business Purpose Declaration (as applicable) and any federal and state tax statements and documents (collectively defined as ‘Disclosures’) to me electronically (i) via email or (ii) by access to a website that you designate in an email notice you send to me at the time the information is available (and you will make the Disclosure available on the website for a reasonable period of time for retrieval by you) or (iii) to the extent permissible by law, by access to a website that you generally designate in advance for such purpose;
Paper Disclosures will no longer be given to me (unless I specifically request for paper Disclosures in accordance with section 4 below);
I will regularly check my electronic communications (including, but not limited to, email) for Disclosures; and
I can withdraw my consent to receiving the Disclosures by electronic communication at any time by notifying you in accordance with section 4 below.

What I Will Need

Once you send me the Disclosures electronically, I will be able to access these, save to an electronic file and print these. I understand that in order to access, save and print the electronic Disclosures I will need the following:

A computer with an Internet connection.
A current web browser that includes 128-bit encryption. Minimum recommended browser standards are Microsoft Internet Explorer version 8.0 and above (see www.microsoft.com/ie for current version), Mozilla Firefox current version (see www.mozilla.com for current version), Apple Safari current version (see www.apple.com/safari for current version), or Opera current version (see www.opera.com for current version). The browser must have cookies enabled.
A valid email address, which I provided at the time of application.
Sufficient storage space to save past Disclosures and/or an installed printer to print them.
If I use a spam filter that blocks or re-routes emails from senders not listed in my email address book, I must add noreply@messaging.squareup.com to my email address book.

I understand that I:

may request paper copies of the Disclosures within 180 days of the date of the Disclosure and that you will provide them to me by post at no charge. I understand that I have the right to receive these Disclosures in paper form; and
can withdraw my consent to receiving the Disclosure by electronic communication at any time.

I can request paper copies and/or withdraw consent by contacting you at:

Square AU Pty Ltd \ Customer Support — Legal \ Queen & Collins, Lv. 8, 376-390 Collins Street \ Melbourne, VIC 3000

Any withdrawal of my consent to receive electronic Disclosures will be effective only after 30 business days of you receiving my withdrawal. I understand and agree that if I withdraw my consent to receive electronic Disclosures you may – though you are not obligated to – cancel my Square Account by providing me with reasonable prior notice.

Updating Email Address

I can change my email address by signing into my Square Account at any time. I can also do this by contacting you at:

Square AU Pty Ltd \ Customer Support — Legal \ GPO Box 1640 \ Melbourne, VIC 3001

Legal Effect

By consenting to this E-Sign Consent, I agree that electronic Disclosures have the same meaning and effect as if you provided paper Disclosures to me. When you send me an email or other electronic notification alerting me that the Disclosure is available electronically (with the link to the website) and you do in fact make it available online, that will have the same meaning and effect as if you provided a paper Disclosure to me, whether or not I choose to view the Disclosure, unless I had previously withdrawn my consent to receive Disclosures electronically. I understand and agree that Disclosures are considered received by me within 24 hours of the time posted to your website or within 24 hours of the time emailed to me unless you receive notice that the email was not delivered.

General

I understand and agree that you reserve the right to cancel this electronic Disclosure service, change the terms of use of this electronic Disclosure service or send Disclosures in paper form at any time by providing me with reasonable prior notice. I understand and agree that you are responsible for sending notice of the Disclosures to me electronically including at the email address I have provided, but are not responsible for any delay or failure in my receipt of the email notices.