Electronic Consent Agreement
Updated April 11, 2018
This Electronic Signature and Transactions Disclosure and Consent Agreement (“Consent”) relates to the websites or online platforms, including mobile applications, owned or operated by Aya Healthcare, Inc. (“Aya”) and its affiliates (each, a “Website”) and any Communications (as defined below) created, generated, sent, communicated, received, signed, or stored by electronic means between you and Aya or its affiliates. This Consent describes your consent to do business with Aya and its affiliates electronically and how Aya and its affiliates deliver communications and electronic records to you electronically. Aya 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, you agree and consent to electronically receive all Communications and to otherwise do business with Aya and its affiliates electronically. You also agree 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. Aya may provide Communications to you through the Website or by emailing them to you at the primary email address designated by you to Aya.
DISCLOSURE AND CONSENT APPLICABLE ONLY TO CONSUMERS
The following terms also apply to you if you are 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, you 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.
Aya will notify you if there are any material changes to the hardware or software needed to receive electronic Communications from Aya. By giving your consent, you are confirming that you have access to the necessary equipment and are able to receive, open, and print or download a copy of any Communications for your records. You may print or save a copy of these Communications for your records as they may not be accessible online at a later date, or where required by law Aya will retain copies and provide you with copies to upon written request.
How to Withdraw Your Consent
You have the right to withdraw your consent at any time. To withdraw consent, you may send a request by email to [email protected]. If consent is withdrawn, Aya reserves the right to discontinue your access to the Website.
Requesting Paper Copies of Electronic Communications
If, after you consent to receive Communications electronically, you would like a paper copy of a Communication, you may request a copy within one hundred eighty (180) days (or within any longer time period where required by law) of the date Aya provided the Communication to you by contacting Aya at [email protected]. Aya will send a paper copy to you by U.S. mail at the current street address on file with Aya as your primary mailing address. If you request paper copies from Aya, Aya may charge you at the current rate for copies.
Updating Your Contact Information
You are responsible for keeping your primary email address on file with Aya up to date so that Aya can communicate with you electronically. You understand and agree that if Aya sends you an electronic Communication but you do not receive it because your primary email address on file is incorrect, out of date, blocked by your internet service provider, or you are otherwise unable to receive electronic Communications, Aya still will be deemed to have provided the Communication to you, to the extent permitted by applicable law. If you use a spam filter or other technology that blocks or re-routes emails from senders not listed in your email address book, you must add Aya to your email address book so that you will be able to receive the Communications Aya sends to you.
You can update your primary email address or street address at any time by sending the updated information to Aya by email to [email protected] or through the Website. If your email address becomes invalid such that electronic Communications sent to you by Aya are returned, Aya reserves the right to discontinue your access to the Website.
If you have any questions about this Consent, please contact [email protected].