Terms of Use for Canada
Last updated: June 6, 2022
ACCEPTANCE OF TERMS
The following terms of use apply to all users of this website and govern your access to and use of the site and the available KUBRA services (the “Services”). By using the Services you acknowledge and agree to be bound by the terms of use applicable to those services and 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.
NOTICE SPECIFIC TO KUBRA E-BILL SERVICE
The KUBRA E-Bill Service (the “E-Bill Service”) enables you to view and make payments for services or bills electronically. Depending on the payment methods enabled by the business whose bills you are paying (the “Biller”), you may be able to make payments by eCheck, credit card and/or debit card through interactive telephone voice response system (IVR), mobile application, or the E-Bill website.
CONDITIONS FOR USE
By accepting these Terms of Use you represent and warrant that:
- The 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 E-Bill Service 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 E-Bill Service for future payments may be revoked.
- Your use of the E-Bill Service will not violate any law or regulations.
As a user of the E-Bill Service you may be submitting bank account, card information, or other personal information such as your email address and phone number to the Biller and the Biller’s payment processing partner, KUBRA. You are responsible for any legal, regulatory, or banking penalties and fees that may result from supplying false information. You may use the E-Bill Service 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 ACH 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 E-Bill Service to send payment instructions to KUBRA, you authorize KUBRA to send a message to your bank, card provider, or financial network to charge your account and to send those funds to the designated bank account of the business whose bill you are paying.
FEES
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.
LIMITS
Your payment account 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 E-Bill Service 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 ACH, refunds will not be made until at least 10 business days.
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. To view KUBRA’s Privacy Policy, click here.
NOTICE SPECIFIC TO SMS SERVICE.
KUBRA offers their customers mobile access to their notifications such as ebill notifications over SMS - KUBRA Bill Reminder Service. Enrollment requires your account information providing a mobile phone number. The mobile phone number’s verification is done by our double opt in process. We will send you a PIN number to your mobile phone over SMS when you submit your enrollment request from the website, then you need to enter the PIN on the website to activate the service. Depending on the options you select in the 'Notification and Reminders' section, you may receive different types of notifications. Message Frequency depends on account settings. Message and data rates may apply. Customers will be allowed to opt out of this program at any time.
You can contact us at 'clientsupport@kubra.com' or at any time from your mobile phone, text 'HELP' to: 99708. We can answer any questions you have about the program.
To stop the messages coming to your phone, you can opt out of the program via SMS. Just text the word 'STOP' to: 99708. You will receive a one-time opt-out confirmation text message. After that, you will receive no further messages.
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 site or 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 E-Bill Service 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 you make a payment 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 and the federal laws of 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.
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 you and KUBRA 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 you and KUBRA may agree in writing. All meetings and hearings will be in private, unless you and KUBRA otherwise agree in writing. The arbitration will be conducted pursuant to the laws of the Arbitration Act, 1991 (Ontario) as amended from time to time. 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.
COPYRIGHT NOTICE.
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