Updated: May 12, 2023
INTRODUCTION
Welcome to Kapcharge’s website (“Site”). This site is operated by Kapcharge Inc. (“Kapcharge”) all products and services of Kapcharge and/or its subsidiaries and affiliates are subject to the terms and conditions of the applicable agreements governing their use.
This Site contains text, images, software, and other materials and graphical elements, (Collectively the “Content”) for informational purposes. The Site and the Content are provided to You subject to your agreement to be bound by these terms of use (“Terms of Use”). By accessing and using the Site as well as when downloading any content from our Site, You agree to be bound by these Terms of Use.
IF YOU DO NOT AGREE WITH ONE OR MORE OF THESE TERMS OF USE, DO NOT ACCESS OR USE THE SITE OR THE SERVICES. YOUR CONTINUED USE OF THE SITE WILL MEAN YOUACCEPT THE TERMS OF USE.
Please note that we reserve the right, at our full discretion, to revise and update these Terms of Use. Please check these Terms of Use periodically for changes as You are bound by such revisions by continuing to use or visit the Site after they are posted online.
Use of the Website
These Terms of Use apply to all users of the Site. When You visit and/or use Our Site, You agree to comply with the Terms of Use and all applicable laws and regulations. You hereby understand and agree that unless You have obtained Our prior written consent, You are prohibited from (i) reverse engineering, decompiling or disassembling any part of the website, unless such restriction is expressly authorized by law; (ii) removing any copyright, trademark or other proprietary notice from the website; (iii) framing the website, content or services, or any part of them, on any commercial or non-commercial website; (iv) systematically downloading and storing the website, content or services; or (v) using a robot, a search and/or retrieval application or any other manual or automatic device to collect, index, “scrape”, “explore data” or otherwise collect the website, content or services, or to reproduce or circumvent the navigation structure or presentation of the website.
The Site may contain interactive features such as but not limited to, forums and content submissions. These interactive features are also governed by these Terms of Use. Any information and/or materials provided by You in the forums and content submissions are not considered confidential and become the property of Kapcharge and We may use, copy, or distribute the information and/or materials for any purpose.
The Site also contains a login portal for Our merchant customers. To access some features on the Site as well as our online payment services (the “Services”) You will have to register a Merchant Account with Us. When registering a Merchant Account, You will enter into a Merchant Services Agreement. The use of the login Portal and our Services is governed by both these Terms of Use as well as the Merchant Services Agreement. In case of any conflict between these Terms of Use and the terms found in the Merchant Services Agreement, then the terms of Merchant Services Agreement shall prevail.
If You have a Merchant Account with us, You are responsible for protecting your account(s) and password(s) and You are responsible for the use of your Merchant Account whether it is used by You or other users (authorized or not). You must notify Kapcharge immediately should You suspect unauthorized use of your Merchant Account.
Kapcharge shall not be responsible or liable, directly or indirectly, in any way for any loss or damage of any kind incurred as a result of, or in connection with, your failure to comply with this Section.
Privacy
By accessing and/or using the Website, You may provide us with personal information as described in our Privacy Policy. You acknowledge that You have read and understood our Privacy Policy, which governs the collection, use, storage and disclosure of such personal information.
You may access this Site outside of Canada. If You are outside of Canada You agree to follow all the local rules, regulations and laws pertaining to data, e-mail and privacy from the location from where You are accessing the Site.
Restrictions on User of Materials
All Content accessible through this Site is protected by copyright laws and trademark rights and is the property of Kapcharge, its affiliates and/or licensors. The Content on this Site may be accessed only for Your personal use and/or Your internal business purposes only. You agree not to sell, license, rent, modify, distribute, copy, reproduce, transmit, publicly display, publish, adapt, edit or create works from such Content and our Services, or in any way exploit the material or Content or Services of the Site. This means, You may download copies of posted Content for personal use and/or Your internal business purposes only, so long as You neither change nor delete any author attribution, trademark, legend or copyright or other proprietary notice. When You download copyrighted material, You acquire absolutely no rights or licenses to the Site, the Content or the Services other than the limited right to use the Site, the Content and/or the Services in accordance with these Terms of Use.
As noted above, reproduction, copying, or redistribution of any material within the Site is strictly prohibited without the express written permission of Kapcharge. Any unauthorized user of any Content contained within the Site may violate copyright and trademark laws, the laws of privacy and other applicable laws and regulations. All rights are reserved.
Links to Third-Party Websites
The Site may contain links to third party websites that are not owned or controlled by Kapcharge. The links to the third-party websites are provided for your convenience only and these Terms of Use do not apply to your use of these third-party websites and/or third-party services. Kapcharge has no control over and assumes no responsibility for the content, terms of use, privacy policy or practices of any third-party websites therefore You should review the terms of use and privacy policies of any third-party website. Under no circumstances will Kapcharge be held responsible or liable, directly or indirectly, for any loss or damage that is caused or alleged to have been caused to You in connection with your use of, or reliance on, any content, goods or services available on any third-party website. You should direct any concerns to that website’s administrator or web master. We reserve the right, at our sole discretion to remove any links to third-party websites found on our Site.
Warranty
THE CONTENT, INFORMATION AND MATERIAL INCLUDED ON THIS SITE, INCLUDING ANY THIRD-PARTY LINKS AND/OR OTHER ITEMS ARE PROVIDED “AS IS” WITH NO REPRESENTATION, WARRANTIES OR CONDITIONS OF ANY KIND. KAPCHARGE DOES NOT WARRANT THE ACCURACY, RELIABILITY, ADEQUACY OR COMPLETENESS OF ANY CONTENT, INFORMATION AND MATERIALS ON THE SITE AND EXPRESSLY DISCLAIMS LIABILITY FOR ERRORS OR OMISSIONS IN THE CONTENT, INFORMATION AND MATERIALS. YOU MUST INDEPENDENTLY VERIFY THE ACCURACY OF ALL SUCH CONTENT, INFORMATION AND MATERIALS BEFORE ACTING OR RELYING THEREON OR MAKING DECISIONS IN CONNECTION THEREWITH. KAPCHARGE MAKES NO WARRANTY OF ANY KIND, IMPLIED, EXPRESSED OR STATUTORY, INCLUDING BUT NOT LIMITED TO THE WARRANTIES OF NON-INFRINGEMENT OF THIRD-PARTY RIGHTS, TITLE, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. KAPCHARGE DOES NOT WARRANT THAT THE SITE, CONTENT, INFORMATION OR MATERIALS WILL BE UNINTERRUPTED, ERROR FREE OR FREE OF VIRUSES OR OTHER HARMFUL ELEMENTS. KAPCHARGE MAY MAKE CHANGES TO THE CONTENT OR THE SITE AT ANY TIME.
YOU ARE SOLELY RESPONSIBLE FOR ENSURING THAT YOUR SYSTEMS ARE ABLE TO USE THE SITE AND YOU SHOULD USE ANTI-VIRUS, ANTI-SPYWARE AND FIREWALL SOFTWARE ON YOUR SYSTEMS WHEN ACCESSING THE SITE.
Limitations on Liability
KAPCHARGE AND/OR ITS OFFICERS, DIRECTORS AND EMPLOYEES, AGENTS, SUBSIDIARIES, AFFILIATES AND VENDORS WILL NOT BE LIABLE FOR ANY DAMAGES, LOSSES, OR LIABILITIES, INCLUDING WITHOUT LIMITATION, DIRECT OR INDIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGES, PUNITIVE, LOSSES, OR LIABILITIES, IN CONNECTION WITH YOUR USE OF THE SITE OR YOUR RELIANCE ON OR USE OR INABILITY TO USE THE CONTENT INFORMATION, MATERIALS, PRODUCTS, SERVICES, OR FUNCTIONALITY ON THIS SITE, OR IN CONNECTION WITH ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DEFECT, DELAYS IN OPERATION OR TRANSMISSION, COMPUTER VIRUS OR LINE OR SYSTEM FAILURE, EVEN IF KAPCHARGE IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, LOSSES, OR EXPENSES.
YOU HEREBY AGREE TO DEFEND, INDEMNIFY AND HOLD HARMLESS KAPCHARGE AND/OR ITS OFFICERS, DIRECTORS AND EMPLOYEES, AGENTS, SUBSIDIARIES, AFFILIATES AND VENDORS INCLUDING ANY THIRD PARTIES MENTIONED ON THE SITE, FROM AND AGAINST ALL CLAIMS, ACTIONS OR DEMANDS, INCLUDING REASONABLE ATTORNEY FEES RESULTING FROM (I) YOUR BREACH OF THESE TERMS OF USE; (II) YOUR ACCESS TO OR USE OF THE SITE OR CONTENT, OR (III) YOUR USE OR RELIANCE ON THE CONTENT ON THE SITE, PUBLICATION OR COMMUNICATION AS A RESULT OF THE USE OF THE SITE.
Governing Law
The Site is controlled, operated, and administered by Kapcharge from its offices in the province of Quebec. If You access the Site from outside of Canada, You are responsible for compliance with all applicable laws. These Terms of Use shall be interpreted, construed, and governed by the laws of the Province of Quebec, Canada and any dispute, claim, controversy or cause of action arising out of these Terms of Use, Content or use of our Site, shall be submitted to the exclusive jurisdiction of the courts of the Province of Quebec, district of Montreal.
Security
Kapcharge maintains a commercially reasonable security program that is designed to ensure (a) the security and integrity of customer data provided by or on behalf of our Merchant customers to in connection with the Services (“Customer Data”); (b) protect against threats or hazards to the security or integrity of Customer Data; and (c) prevent unauthorized access to Customer Data. For more information, please see Our Privacy Policy.
General
Electronic Communications. By sending electronic mail to Kapcharge You are communicating with Kapcharge electronically. In communicating with Kapcharge electronically, You consent to Kapcharge communicating with You by electronic mail (e-mail) at the electronic mail address (e-mail) provided by You or by posting notices on this Site.
Severability. If any provision of this agreement is deemed illegal, invalid or unenforceable by a court of competent jurisdiction such provision shall be deemed severable and the remaining provisions shall remain valid.
Language. The parties have requested that these Terms of Use and all related documents be drawn up in English. Les parties ont demandé que ces Termes d’utilisations ainsi que tous les documents qui s’y rattachent soient rédigés en anglais.
Contacting Us
If You have a question or comments regarding these Terms of Use, please contact: [email protected]
