1. Introduction

This Electronic Signature and Records Consent Disclosure explains how electronic signatures, electronic records, notices and communications may be used when you use CliqSign (esign.cliqforms.com) to view, complete, sign, send or receive documents electronically.

By continuing to use CliqSign for this document or transaction, you confirm that you have read this disclosure and consent to using electronic signatures and electronic records for this transaction.

You are not required to sign documents electronically. If you do not wish to use electronic signatures or electronic records, you should not continue with the electronic signing process and should contact the person or organisation that sent you the document.

2. Consent to use electronic signatures

You agree that your electronic signature, initials, typed name, checkbox selection, button click, uploaded signature, drawn signature or other electronic action used to sign or approve a document through CliqSign is intended to have the same effect as a handwritten signature, where permitted by applicable law.

You also agree that documents signed electronically through CliqSign may be used as electronic records of the transaction.

3. Consent to receive electronic records

You consent to receive, access, review, sign, download and store documents and related records electronically for this transaction.

These electronic records may include, but are not limited to:

• documents sent to you for review or signature;
• signing instructions;
• authentication or verification messages;
• other communications connected with the document or transaction.
• completed signed documents;
• notices relating to the signing process; and
• signing certificates;
• audit trails;

4. Your right to decline electronic signing

You may decline to sign a document electronically.

If you do not wish to sign electronically, you should close the signing session and contact the sender of the document to discuss another signing method. CliqSign is not responsible for providing an alternative signing method unless CliqSign is the sender of the document.

Declining to sign electronically may delay or prevent completion of the relevant transaction.

5. Withdrawing consent

You may withdraw your consent to receive future electronic records or to conduct future transactions electronically.

To withdraw consent for a document or transaction sent to you through CliqSign, you should contact the person or organisation that sent you the document.

Withdrawing consent will not affect the legal validity or enforceability of any electronic signatures or electronic records completed before your withdrawal, where those signatures or records were validly created.

6. Requesting paper copies

You may request a paper copy of a document or record from the person or organisation that sent you the document.

CliqSign may not be a party to the document or transaction and may not be responsible for providing paper copies unless CliqSign is the sender of the document.

The sender may apply its own policies, fees or procedures for providing paper copies.

7. Hardware and software requirements

To use CliqSign and access electronic records, you will need:

• an internet connection;
• a current web browser;
• access to the email address or mobile number used for the signing invitation;
• software or a device capable of opening PDF documents;
• a device capable of saving or printing electronic documents; and
• sufficient storage space to keep copies of documents and records.

By continuing, you confirm that you can access, view, download and retain the electronic documents made available to you through CliqSign.

8. Keeping your contact details up to date

You are responsible for ensuring that the sender has your correct email address, mobile number and other relevant contact details.

If your contact details change, you should notify the sender directly.

9. Audit trail and signing evidence

When you use CliqSign, certain information may be recorded as part of the signing process. This may include:

• your name and email address;
• the date and time of signing activity;
• IP address;
• browser and device information;
• authentication or verification events;
• document identifiers;
• document status changes;
• consent confirmations;
• signature, initial and form field activity; and
• other information reasonably required to evidence the signing process.

This information may be included in a signing certificate, audit trail or related record.

10. CliqSign’s role

CliqSign provides technology that allows documents to be sent, signed, managed and stored electronically.

Unless expressly stated otherwise, CliqSign is not a party to the document being signed and does not decide whether a document is legally valid, suitable for electronic signing or enforceable in any particular jurisdiction.

The sender is responsible for deciding whether the document is appropriate for electronic signing and whether any additional legal, regulatory, identity verification or witnessing requirements apply.

11. Documents that may not be suitable for electronic signing

Some documents, transactions or jurisdictions may have special rules or may require handwritten signatures, witnessing, notarisation, government-approved digital signatures or other formal requirements.

You should seek independent legal advice if you are unsure whether a document can be signed electronically.

12. Privacy and security

CliqSign may collect and process personal information as part of the signing process. This may include information required to identify signers, deliver signing invitations, verify activity, maintain security, create audit trails and provide the CliqSign service.

Personal information will be handled in accordance with the applicable CliqSign Privacy Policy and any agreement between CliqSign and the sender.

13. Confirmation

By selecting “Accept and Send”, applying an electronic signature or otherwise using CliqSign to sign or approve a document, you confirm that:

• you have read this Electronic Signature and Records Consent Disclosure;
• you consent to using electronic signatures and electronic records for this transaction;
• you are able to access, download and retain electronic documents;
• you intend your electronic signature to be legally effective where permitted by applicable law; and
• you understand that you may decline to sign electronically and contact the sender about alternative signing arrangements.