KUBRA TERMS OF USE
Last updated: February 14, 2024
KUBRA SERVICES
KUBRA ("we" or "us") is a third-party service provider that offers electronic bill presentment and payment services (the
"Services") to various companies (KUBRA's "Clients"). Depending on the particular setup, the Services may be accessed by
a user to sign up for notifications, view bills, make one time or recurring payments as well as other related functions.
These functions may be accessed from a variety of contact points such as: online through a website; a mobile
application; notifications through email, SMS text or push notifications; an interactive voice response (IVR) system; a
self-service kiosk; or a retail location that accepts cash payments.
ACCEPTANCE OF TERMS
By accessing the Services you acknowledge and agree to be bound by the following Terms of Use as well as all applicable
laws. Please take notice that with limited exceptions, all disputes between you and us regarding these Terms of Use are
subject to binding arbitration on an individual basis rather than jury trials, including class action lawsuits, in
courts and only specific remedies are available to you.
CONDITIONS FOR USE
By accepting these Terms of Use you represent and warrant that:
- Any information you provide is true, accurate, current, and complete.
- You are at least 18 years of age and able to form legally binding contracts under applicable law.
- You have not misrepresented your identity.
- You are the legal owner of all accounts that are associated with payments made by you through the Services and
you are legally authorized to make payments using those accounts.
- You will not have a third party such as a debt consolidator, make payments on your behalf.
- You will not request a reversal of a legitimate payment transaction and understand that if you do your right to
use the Services for future payments may be revoked.
- Your use of the Services will not violate any law or regulations.
As a user of the Services you may be submitting bank account, card information, or other personal information such as
your email address and phone number to KUBRA and KUBRA's Client. You are responsible for any legal, regulatory, or
banking penalties and fees that may result from supplying false information. You may use the Services to make payments
on consumer and/or commercial accounts, depending on configuration. If the account used to make a payment is a banking
or card account for your business, then you must be an authorized signer on the account. We only process payments in
Canadian dollars. Further, you affirm that the payment you are making is not associated with a foreign bank account. We
do not support International ACH Transactions (IAT).
By using the Services to send payment instructions to KUBRA, you authorize KUBRA to send a message to your bank, card
provider, or financial network to verify account details and to charge your account and to send those funds to the
designated bank account of the business whose bill you are paying.
FEES
In consideration of the use of the Services, when making a payment you agree to pay a service fee, also known as a
convenience fee, for each transaction initiated by you (where applicable). The applicable fee will be provided to you
prior to your final authorization of the transaction. If you are paying by card or by your bank account, your card will
be charged or your bank account debited for the amount of the payment plus the service fee, or a separate amount
depending on the configuration. If you are making a cash payment, the service fee must be paid at the time of the
payment transaction. You agree to have sufficient funds available to pay your payment amount and the service fee.
Recipients or other third parties may choose to subsidize a portion of your service fee. If a subsidy is applicable it
will be presented to you during review of your payment prior to submission.
If any payment is returned unpaid from your financial institution for any reason you may be charged a return payment
fee. In addition, there could be charges that may be assessed by your card issuer, or your receiving bank, based on the
terms of the agreement you may have with those entities, and KUBRA will not be liable for any recoupment of fees
assessed to you. The principal funds do not pass into KUBRA's ownership at any time. KUBRA uses a bank processor as the
payment processor and any funds will go to the Payee's account.
SCHEDULED AND RECURRING PAYMENTS
Users may set up scheduled or recurring payments by storing their billing information on their account. By setting up
scheduling a payment or setting up recurring payments you authorize us to make one time or repeated payments to your
account based on the amount of the bill you receive, plus applicable convenience, service, or surcharge fee, and or
unscheduled charges to your payment account for future purchases you verbally or otherwise may authorize from time to
time, and if necessary, initiate adjustments for any transactions credited in error. You hereby authorize and abide by
the refund policy as set forth in this Terms of Use. This authority will remain in effect until notified by you in
writing in such time as to afford us a reasonable opportunity to act upon it.
For pre-authorized debit payments, you agree to waive your right to receive pre-notification of the amount of the PAD
and agreed that you do not require advance notice before the debit is processed. You have certain recourse rights if any
debit does not comply with your PAD Agreement with KUBRA's Client. For example, you have the right to receive
reimbursement for any debit that is not authorized or is not consistent with the PAD Agreement. To obtain more
information on your recourse rights, you may contact your financial institution or visit www.payments.ca.
LIMITS
Your payment account or your cash payment may be blocked from acceptance if in KUBRA's opinion the payment poses risks
to KUBRA's business. KUBRA may impose limits in terms of the number of payments made or the value of a transaction in
accordance with any of the following: limitations established by payment brands, limits established by retailers,
payment processors, or KUBRA's risk policy.
Use of the Services is subject to applicable law and all applicable rules of any clearinghouse or payment network
involved in collecting or processing your payment.
OVERPAYMENT
If your payment is returned for any reason, you may be liable for a return payment fee. If you over pay on your account,
you may not be entitled to a refund. If a refund is allowed, it will be processed to the same payment account that the
payment came from. If it is processed via EFT, refunds will not be made until at least 10 business days after KUBRA
receives the refund request.
If your card issuer is not located in Canada, and if a transaction is a chargeback, you will be responsible for the
actual amount of the chargeback transaction which may be greater than the amount of the initial transaction due to
currency conversion.
TIMING OF PAYMENTS
If your payment is received after the due date of your bill, for any reason, you will remain responsible for any late
charges and interest assessed. As a result, we recommend that you authorize your payment at least four (4) business days
before the actual due date. It is the day your payment is received, not the day that instructions are sent that
determines if your bill was paid on time.
PRIVACY POLICY
KUBRA respects your privacy. The information you provide enables us to provide the Services to you. Information
collected will be used for the purpose of providing the Services or general enquiries related to the Services or
otherwise as required by law. Please refer to KUBRA's online Privacy Policy for information concerning KUBRA's use of
your information.
UNAUTHORIZED ACCESS
The Services are provided for legitimate business purposes only. Any actual or attempted unauthorized access, use or modification of this system is prohibited. The use of the Services may be monitored for security reasons. Anyone accessing the Services expressly consents to such monitoring and is advised that if such monitoring reveals possible evidence of criminal activity KUBRA may provide evidence of such activity to law enforcement officials.
DISCLAIMERS
The Services, information, data features, and all content and all services associated with the Services or provided through the Services are provided to you on an "as-is" and "as available" basis. KUBRA, its affiliates (and our service providers) expressly disclaim any warranties and conditions of any kind, whether express or implied, as to the content or operation of the Services. You expressly agree that your use of the Services is at your sole risk.
Neither KUBRA, its affiliates, or service providers make any representations, warranties, or guarantees, express or implied regarding the accuracy, reliability, or completeness of the content on the site or of the services and expressly disclaims any warranties of non-infringement or fitness for a particular purpose. Neither KUBRA, its affiliates, or its suppliers make any representation, warranty or guarantee that the content that may be available through the services is free of infection from any viruses or other code or computer programming routines that contain contaminating or destructive properties or that are intended to damage, surreptitious intercept, or expropriate any system data or personal information.
Some jurisdictions do not allow the exclusion of implied warranties, so the above exclusion may not apply to you.
LIMITATION OF LIABILITY
In no event shall KUBRA be liable for any special, indirect, or consequential damages. KUBRA's total liability for damages related to the Services shall be limited to the specific dollar amount of the fees paid to KUBRA for the particular payment transaction which is the subject matter of the claim for damage.
CHANGES TO SERVICES AND TERMINATION OF SERVICE
KUBRA reserves the right to change or discontinue, temporarily or permanently the Services at any time, or to terminate your use of the Services. The Terms of Use may have been altered or amended from the last time you used the Services so be sure to read it each time before accessing the Services to be certain you still agree with the provisions.
GOVERNING LAW AND SEVERABILITY
The Terms of Use shall be governed by and construed solely and exclusively in accordance with the laws of the Province of Ontario, Canada without giving effect to any law that would result in the application of the law of another jurisdiction.
The Terms of Use (including the Privacy Policy) constitutes the entire agreement between you and KUBRA regarding the use of the Service.
If any provision of the Terms of Use is, for any reason, held to be invalid or unenforceable, the other provisions of the Terms of Use will be unimpaired and the invalid or unenforceable provision will be deemed modified so that it is valid and enforceable to the maximum extent permitted by law.
DISPUTE RESOLUTION
PLEASE READ THIS SECTION CAREFULLY. IT AFFECTS YOUR RIGHTS.
Except for either party's claims of infringement or misappropriation of the other party's patent, copyright, trademark, or trade secret, any and all disputes between you and KUBRA arising under or related in any way to these Terms of Use, must be resolved through binding arbitration as described in this section. This agreement to arbitrate is intended to be interpreted broadly. It includes, but is not limited to, all claims and disputes relating to your use of any of the Services.
You agree that by agreeing to these terms of use, you and KUBRA are each waiving the right to trial by jury or to participate in a class action. You and KUBRA agree that each may bring claims against the other only in your or its individual capacity, and not as a plaintiff or class member in any purported class or representative proceeding. Any arbitration will take place on an individual basis; class arbitrations and class actions are not permitted.
Any dispute, controversy or claim between or among the parties hereto arising out of or relating to this Agreement or any related agreements or instruments, including any claim based on or arising from an alleged tort, shall be determined by binding arbitration. Each of the parties agrees to give up their right to a jury trial and to have the dispute determined by binding arbitration in accordance with the following:
- The arbitration shall be heard by a single arbitrator, who is qualified and has the expertise necessary to hear the matter, as mutually agreed to by the parties. If the parties are unable to agree upon a single arbitrator, either party may apply to a court of competent jurisdiction for the appointment of a single arbitrator;
- The arbitration shall take place in the City of Toronto in the Province of Ontario or in such other place as the Provider and Customer shall agree upon in writing;
- All meetings and hearings will be in private, unless the Parties otherwise agree in writing;
- The arbitration will be conducted in accordance with the laws of the Arbitration Act, 1991 (Ontario) as amended from time to time; and
- Judgment on the award rendered by the arbitrator may be entered in a court of competent jurisdiction.
INTELLECTUAL PROPERTY
This website and the Services, the content and all related intellectual property are owned by KUBRA or third parties and all right, title, and interest therein shall remain the property of KUBRA and/or such other third parties. The misuse of any of the intellectual property is expressly prohibited.
PRODUCT SPECIFIC TERMS
NOTICE SPECIFIC TO SMS SERVICE
KUBRA Clients' messaging program allows customers to receive, via SMS, Receipt notifications from purchases and/or opt into notifications for when their Payment is Due and other payment related alerts. Receipt enrollment occurs after providing your account information and adding an optional Mobile Number in our Receipt Notification User Interface. In addition you may also opt into recurring messages for Payment Due and other alerts by selecting a specific toggle in the UI. Message Frequency depends on account activity. Message and data rates may apply. Reply help for Help. Reply STOP to opt-out.
MAKING A PAYMENT USING KUBRA EZ-PAY RETAIL CASH PAYMENTS
KUBRA EZ-PAY Retail Cash Payments (RCP) permits you to make cash payments for services or bills at participating retailers using an EZ-Payslip barcode or token provided on a customer invoice, mobile phone, or printed from the web.
- If EZ-Payslip is not already printed on the invoice, create EZ-Payslip through KUBRA EZ-PAY online or mobile application by printing the EZ-Payslip from the web or sending it to your mobile device by text message.
- Take EZ-Payslip to retailer selected and follow EZ-Payslip instructions.
- Advise retail clerk/personnel how much you want to pay. Clerk will tender payment including a convenience fee.
- Retail clerk/personnel will provide receipt of confirmation of payment. Additionally, if an EZ-Payslip was created by web or mobile, an electronic confirmation of the payment may be texted or emailed to you.
- The company or entity that you made the payment to (the "Payee") will also be notified of such payment.
- Retain the paper receipt you received from the retailer as a record of your payment.
- Retain reusable EZ-Payslip for future payments.
- For questions regarding crediting of payment and all other customer service inquiries, please contact the Payee to whom payment is intended.
CONDITIONS OF USE FOR KUBRA EZ-PAY RETAIL CASH PAYMENTS (RCP)
- Your ability to make a payment, and the permitted amount of any payment, remains subject to authorization by the Payee and any applicable terms and conditions established by the Payee, and the retailer and the payment network partner. Funds remitted through your use of the KUBRA EZ-PAY RCP service will be made available or credited to you, as applicable, by the Payee in accordance with the terms and conditions established by the Payee. KUBRA is not responsible for any delay with respect to when funds remitted to the Payee will be made available or credited to you, or any failure of the Payee to accept or properly process any funds remitted to it.
- The EZ-Payslip barcode or Token has no value associated with it and may only be used to identify your account to which you may direct a payment. You are responsible for all payments initiated using the EZ-Payslip barcode or Token.
- All payments made at the retailer are final and non-refundable.
- If a convenience fee is applicable, the convenience fee must be paid at the time the cash payment is made in order for the transaction to be authorized.
- Retailers are only authorized to accept cash payment.
- By accepting the EZ-Payslip barcode or Token or using the EZ-Payslip barcode or token to make a payment, you agree that you will receive your transaction receipt printed and electronically.
APPLE APP STORE ADDITIONAL TERMS OF USE
The following additional terms of use apply to you if you are using an app from the Apple App Store (an "Apple App"). To the extent the other terms of use of this Agreement are less restrictive than, or otherwise conflict with, the terms of use of this Section, the more restrictive or conflicting terms of use in this Section apply, but solely with respect to Apple Apps from the Apple App Store.
Acknowledgement: KUBRA and you acknowledge that this Agreement is concluded between KUBRA and you only, and not with Apple, and KUBRA, not Apple, is solely responsible for the Apple App and the content thereof.
Scope of License: The license granted to you for the Apple App is limited to a non-transferable license to use the Apple App on an iOS Product that you own or control and as permitted by the usage rules set forth in the App Store Terms of Service.
Maintenance and Support: KUBRA is solely responsible for providing any maintenance and support services with respect to the Apple App, as specified in this Agreement (if any), or as required under applicable law. KUBRA and you acknowledge that Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the Apple App.
Warranty: KUBRA is solely responsible for any product warranties, whether express or implied by law, to the extent not effectively disclaimed. In the event of any failure of the Apple App to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price for the Apple App to you; and to the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the Apple App, and any other claims, losses, liabilities, damages, costs, or expenses attributable to any failure to conform to any warranty will be KUBRA's sole responsibility.
Product Claims: KUBRA and you acknowledge that KUBRA, not Apple, is responsible for addressing any claims of you or any third party relating to the Apple App or your possession and/or use of the Apple App, including, but not limited to: (i) product liability claims; (ii) any claim that the Apple App fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection or similar legislation. This Agreement does not limit KUBRA's liability to you beyond what is permitted by applicable law.
Intellectual Property Rights: KUBRA and you acknowledge that, in the event of any third-party claim that the Apple App or your possession and use of the Apple App infringes that third party's intellectual property rights, KUBRA, not Apple, will be solely responsible for the investigation, defense, settlement, and discharge of any such intellectual property infringement claim.
Legal Compliance: You represent and warrant that (i) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a "terrorist supporting" country; and (ii) you are not listed on any U.S. Government list of prohibited or restricted parties.
Developer Name and Address: KUBRA's contact information for any end-user questions, complaints, or claims with respect to the Apple App is: media@kubra.com.
Third-Party Terms of Agreement: You must comply with applicable third-party terms of agreement when using the Apple App.
Third-Party Beneficiary: KUBRA and you acknowledge and agree that Apple, and Apple's subsidiaries, are third party beneficiaries of this Agreement, and that, upon your acceptance of the terms and conditions of this Agreement, Apple will have the right (and will be deemed to have accepted the right) to enforce this Agreement against you as a third-party beneficiary thereof.
COPYRIGHT NOTICE.
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