eSign Disclosure & Consent
1. About This Disclosure
This Electronic Signature Disclosure and Consent (this "Disclosure") explains your rights when you sign documents, complete forms, or provide approvals or consents electronically using the K Sign platform (the "Platform"), which is provided by K Sign Pty Ltd ("K Sign").
The documents sent to you are sent by the organisation or individual that invited you to sign (the "Sending Party"), not by K Sign. K Sign provides the technology that enables electronic signing; it is not a party to the documents you sign and does not provide legal advice about them.
Please read this Disclosure carefully before you sign electronically. By signing electronically or otherwise indicating your agreement, you consent to the matters described below.
2. Consent to Transact Electronically
Under the Electronic Transactions Act 1999 (Cth) and equivalent State and Territory legislation, a transaction is not invalid merely because it took place by electronic means, and an electronic signature can satisfy a legal requirement for a signature where the applicable conditions are met, including that the method used is as reliable as appropriate and that the relevant party consents to the use of electronic means.
By proceeding, you agree that you are willing to transact electronically in relation to the documents presented to you through the Platform, and that your Electronic Signature and the records of your actions have the same legal effect as a handwritten signature and paper records, to the extent permitted by law.
What Counts as Your Electronic Signature
Your Electronic Signature may take the form of typing your name, drawing a signature, clicking or tapping to accept or approve, selecting an option, uploading a signature image, or completing another signing action made available to you. The record of that action, together with associated information such as date, time, and other event data, evidences your intention to sign or agree.
3. Scope of Your Consent
Your consent applies to the specific document or transaction presented to you, unless the Sending Party tells you that it applies to a broader course of dealing and you agree to that broader scope.
Your consent to sign electronically does not require you to conduct other transactions electronically, and it does not affect your rights under any law that cannot be excluded.
4. Your Right Not to Sign Electronically
Signing electronically is your choice. You are not required to use the Platform or to sign electronically. If you prefer not to sign electronically, you may decline and contact the Sending Party to ask whether an alternative method, such as signing on paper, is available.
Whether an alternative method is offered, and on what terms, is a matter for the Sending Party, not K Sign. Declining to sign electronically may mean a transaction cannot proceed through the Platform.
5. Withdrawing Your Consent
You may withdraw your consent to transact electronically at any time before you complete a signing action by closing the document without signing and notifying the Sending Party.
Withdrawing your consent does not affect the validity of any document you have already signed electronically. After you have completed signing, the signed document and its records remain valid and may be relied upon. To change or cancel a document you have already signed, you will need to deal directly with the Sending Party.
6. System Requirements
To sign electronically and to access and retain the documents you sign, you will need:
Device and Internet Access
A device with internet access, such as a computer, tablet, or smartphone, and a current web browser that supports up-to-date security standards.
Contact Method and Storage
A valid email address or other contact method used to deliver documents to you, and the ability to view, download, and save documents in common formats such as PDF. If you want to keep your own copy, you will also need sufficient storage or the ability to print.
Changes to Requirements
If the system requirements change in a way that creates a material risk that you will not be able to access or retain documents, you should be given the opportunity to consent again or to obtain the documents by other means.
7. Receiving and Keeping Copies
After signing, you will generally be able to view, download, and print the completed document through the Platform or from a link or email provided to you. You are encouraged to download and keep your own copy of any document you sign.
The availability of a signed document through the Platform over time is determined by the Sending Party's settings and retention practices. K Sign does not guarantee that a document will remain accessible to you indefinitely. If you want a lasting copy, you should save one at the time of signing or request one from the Sending Party.
8. Identity and Authentication
The Platform may use methods such as email verification, access codes, or other authentication steps to associate a signing action with you. These methods help link a signature to the person who completed it, but they do not constitute a guarantee of any signatory's identity.
Responsibility for deciding what level of identity verification is appropriate for a particular document rests with the Sending Party. You should keep any access link, code, or credential confidential and only sign documents you recognise and intend to sign.
9. Accuracy of Your Information
You are responsible for ensuring that the information you provide when signing, such as your name and contact details, is accurate. Providing false information, or signing in a name or capacity you are not authorised to use, may invalidate the document and may have legal consequences.
10. Records and Audit Trail
When you sign electronically, the Platform records information about the signing event, which may include the date and time, the actions taken, the email address or identifier used, and technical information such as an IP address. This information forms part of the audit trail associated with the document and may be used to evidence that the document was signed and by whom.
Personal information collected in connection with signing is handled by the Sending Party as the responsible party for its own purposes, and by K Sign as a service provider acting on the Sending Party's behalf, as described in the Sending Party's privacy notice and in the K Sign Privacy Policy and Data Processing Agreement.
11. Documents That May Not Be Signed Electronically
Some documents and transactions may be excluded from electronic signing or subject to special requirements under applicable laws, or may not be appropriate for electronic signature. Examples can include certain wills, powers of attorney, statutory declarations, and documents required to be witnessed in a particular way or signed before a specified person.
It is the responsibility of the Sending Party to ensure that a document is suitable for electronic signing and that any specific legal requirements are met. K Sign does not assess the suitability or legal validity of any particular document. If you are unsure whether a document can be validly signed electronically, you should seek your own legal advice before signing.
12. No Legal Advice
Neither this Disclosure nor the Platform provides legal advice. This Disclosure explains how electronic signing works on the Platform; it does not tell you whether you should sign a particular document or what that document means for you. If you have questions about the content or effect of a document, you should contact the Sending Party or obtain independent legal advice.
13. Questions and Contact
If you have questions about a document you have been asked to sign, including its content, its effect, or how to obtain a copy, please contact the Sending Party that sent it to you. The Sending Party is responsible for the document and for the signing process.
If you have questions specifically about how the K Sign Platform works or about how K Sign handles personal information, you can contact K Sign using the details in the K Sign Privacy Policy.
14. Your Acknowledgement and Consent
By clicking to accept, by signing, or by otherwise indicating your agreement, you acknowledge and agree that:
You Have Read This Disclosure
You have read and understood this Disclosure and are able to access and retain documents that are provided to you electronically.
Consent to Transact Electronically
You consent to transact and to sign electronically in relation to the documents presented to you through the Platform, and your Electronic Signature has the same legal effect as a handwritten signature, to the extent permitted by law.
Your Right to Decline
You understand that you may decline to sign electronically and may withdraw your consent before completing a signing action, as described in this Disclosure.