School Cash Online User Agreement
We may amend this Agreement at any time by posting a revised version on our website. The revised version will be effective at the time we post it. In addition, if the revised version includes a Substantial Change, we will provide you with 30 Days' prior notice of any Substantial Change by posting notice on the "Policy Updates" page of our website. In both cases, your continued use of the website following the posting of such change (or, in the case of a Substantial Change, following the end of the 30 Day notice period) will indicate your assent to such revisions.
This is an important document which you must consider carefully when choosing whether to use the Services at any time. This Agreement also highlights certain risks of using the Services.
the following risks of using the School Cash Online Services:
Payments received in your account may be reversed at a later time for example, if such a payment is subject to a Chargeback, Reversal or otherwise invalidated.
We may close, suspend, or limit your access to your Account or the Services, and/or limit access to your funds for up to 180 Days if you engage in any Restricted Activities (as further set out in section 8).
If you wish to open a Dispute through KEV’s Online Resolution Centre you must do so within 45 days of making your payment.
You must consider such risks and guidance when using the Services.
1. Our Relationship with You
a. KEV is a Payment Service Provider – Through School Cash Online, KEV operates a service permitting parents of school students to electronically remit payment, through KEV, to the student’s school for school-related charges. . KEV is an independent contractor for all purposes, except that KEV acts as your agent with respect to the custody of your funds only. KEV does not have control or liability for the products or services that are paid for with our Service. We do not guarantee the identity of any User or ensure that a school or school board or district will complete a transaction.
Your Privacy – Protecting your privacy is very important to KEV Group.
maintaining your privacy, as well as our use and disclosure of your Information.
Privacy of Others – If you receive Information about another School Cash
through using our Services, you must keep the Information confidential and only
use it in connection with School Cash Online. You may not disclose or
distribute a School Cash Online users information to a third party or use the information
for any purpose other than that for which it was provided unless you receive the User's express consent to do so.
d. Intellectual Property – "SchoolCashOnline.com,” “School Cash Online,” and all logos related to the School Cash Online Services are either trademarks or registered trademarks of KEV or its licensors. You may not copy, imitate or use them without KEV’s prior written consent. In addition, all page headers, custom graphics, button icons, and scripts are service marks, trademarks, and/or trade dress of KEV. You may not copy, imitate, or use them without our prior written consent. You may not alter, modify or change these logos in any way, use them in a manner that is disparaging to KEV or to the Services, or display them in any manner that implies KEV’s sponsorship or endorsement. All right, title and interest in and to the School Cash Online website, any content thereon, the Services, the technology related to the Services, and any and all technology and any content created or derived from any of the foregoing, is the exclusive property of KEV and its licensors.
e. Assignment – You may not transfer any rights or obligations you have under this Agreement without KEV’s prior written approval. KEV reserves the right to transfer or assign this Agreement or any right or obligation under this Agreement at any time.
f. Notices to You – You agree that KEV may provide notice to you by posting it on our website, emailing it to the email address listed in your Account, or mailing it to the street address listed in your Account. Such notice shall be considered to be received by you within 24 hours of the time it is posted to our website or emailed to you unless we receive notice that the email was not delivered. If the notice is sent by mail, we will consider it to have been received by you three Business Days after it is sent. KEV reserves the right to close your Account if you withdraw your consent to receive electronic communications.
g. Notices to KEV – Except as otherwise expressly provided in this Agreement, notice to KEV must be sent to one of the following in written format:
KEV Group Inc.
3000 S Hulen Street, Suite 124-562
Fort Worth, TX 76109
KEV Software Inc.
1167 Caledonia Road, Suite 200
Toronto, ON M6A 2X1
h. Transaction History – You may view your transaction history by logging into your Account and visiting Payment History. You agree to review your transactions through your Account from time to time, instead of receiving periodic statements by mail.
Taxes – All fees related to the Services are made free and clear of,
and without any deduction or withholding for and on account of, any taxes,
duties or other deductions. Any such deduction or withholding, if required by
the laws of any country, shall be on your account and be borne by you.
a. Eligibility – All Users of the Service must be at least 18 years old and a resident of Canada or the United States.
b. Staff Eligibility – To be eligible to use the Service as a staff person, you must provide your staff ID for verification of your employment, and your school email address for verification.
c. Identity Authentication – You authorize KEV, directly or through third parties, to make any inquiries we consider necessary to validate your identity. This may include asking you for further information, requiring you to take steps to confirm ownership of your email address or financial instruments, and verifying your Information against third party databases or through other sources.
3. Sending Money
a. Sending Limits – We may, at our discretion, impose limits on the amount of money you can send through our Service. You can view your sending limit, by checking your myWallet. Currently the maximum amount of money you can send is $100 at any given time, in local currency.
b. Payment Methods – KEV supports payments through certain credit cards, eChecks, and Balance (myWallet) payments for goods and services.
c. Payment Method Limitations – In order to manage risk, KEV may limit the Payment Method available for a transaction. In addition, Payment Methods may be limited at the request of the school board or district with which your Account is associated. In such cases, you may choose to continue with the transaction with the understanding that you may have fewer avenues available for dispute resolution should the transaction turn out to be unsatisfactory.
d. Refused and Refunded Transactions – When you conduct a transaction to advance money, the recipient is not required to accept it. You agree that you will not hold KEV liable for any damages resulting from a recipient's decision not to accept a payment made through the Services. We will return any unclaimed, refunded or denied payment within 30 Days of the date you initiate payment. If a payment is unclaimed, denied or refunded for any reason, we will return the money to your original Payment Method.
4. Account Balances
a. Balances – Through the Service, you have the ability to view your Account balance. You do not need to maintain a balance in your Account in order to make payments. If you do hold a Balance, KEV will hold your funds separate from its corporate funds, will not use your funds for its operating expenses or any other corporate purposes and will not voluntarily make your funds available to its creditors in the event of bankruptcy. While your funds are in our custody, KEV will combine your funds with the funds of other account holders and place those pooled accounts in one or more bank accounts in KEV’s name.
b. Assignment of Interest to KEV – You agree that you will not receive interest or other earnings on the funds that KEV handles as your agent and places in pooled accounts. In consideration for your use of Services, you irrevocably transfer and assign to KEV any ownership right that you may have in any interest that may accrue on funds held in pooled accounts. This assignment applies only to interest earned on your funds, and nothing in this Agreement grants KEV any ownership right to the principal of the funds you maintain with KEV. In addition to or instead of earning interest on pooled accounts, KEV may receive a reduction in fees or expenses charged for banking services by the banks that hold your funds.
c. Negative Balances and Multiple Currencies – If one of the currency Balances in your Account is negative for any reason, KEV may setoff the negative balance by using funds you maintain in a different currency balance, or by deducting amounts you owe KEV from money you receive into your Account, or money you attempt to withdraw or send from your Account.
d. Risks of Maintaining Balances in Multiple Currencies – You are responsible for all risks associated with maintaining Balances in multiple currencies. You agree that you will not attempt to use multiple currencies for speculative trading.
e. Setoff of Past Due Amounts – If you have a past due amount owed to KEV or a KEV affiliate or subsidiary, KEV may debit your account to pay any amounts that are more than 180 days past due.
f. Security Interest – To secure your performance of this Agreement, you grant to KEV a lien on and security interest in and to the funds held in your Account in the possession of KEV.
5. Refund Requests
Refunds are allowed if the product or service was not received. To receive a refund on your account requires a written or telephone request to the school detailing the purchase with supporting information (payment date, fee name, amount, receipt number). Refunds will be processed within 10 business days from when the refund is initiated by the school.
6. Withdrawing Money
a. How to Withdraw Money – You may withdraw funds from your Account at any time. In all instances the funds withdrawn will be sent to you in the form of a cheque, via post.
b. Withdrawal Limits – We may limit you to withdrawing no more than the equivalent of $500.00 CDN per month from your Account. In addition, we may delay withdrawals of large sums of money from your Account while we screen for risk.
c. Withdrawing Money in Multiple Currencies – If you have multiple currencies in your Balance, you will be able to choose from those when you withdraw funds, but the withdrawal will take place in your home currency.
7. Closing Your Account
a. How to Close your Account - You may close your Account at any time using the self serve option: "Deactivate Account". This option can be found under My Account > Profile.
b. Limitations on Closing Your Account – You may not close your Account to evade an investigation. If you attempt to close your Account while we are conducting an investigation, we may hold your funds for up to 180 Days to protect KEV or a third party against the risk of Reversals, Chargebacks, claims, fees, fines, penalties and other liability. You will remain liable for all obligations related to your Account even after the Account is closed.
8. Restricted Activities
Restricted Activities – In connection with your use of our website, your Account, or the Services, or in the course of your interactions with School Cash Online, other Users, or third parties, you will not:
b. Violate any law, statute, ordinance, or regulation (for example, those governing financial services, consumer protections, unfair competition, anti-discrimination or false advertising);
c. Infringe the copyright, patent, trademark, trade secret or other intellectual property rights, or rights of publicity or privacy of KEV or any third party;
d. Act in a manner that is defamatory, trade libellous, threatening or harassing;
e. Provide false, inaccurate or misleading information;
f. Send or receive what we reasonably believe to be potentially fraudulent funds;
g. Refuse to cooperate in an investigation or provide confirmation of your identity or any Information you provide to us;
h. Use an anonymizing proxy;
i. Control an Account that is linked to another Account that has engaged in any of these Restricted Activities;
j. Conduct your business or use the Services in a manner that results in or may result in complaints, claims, Reversals, Chargebacks, fees, fines, penalties and other liability to KEV, other Users, third parties or you;
k. Use your Account or the School Cash Online Services in a manner that KEV, School Cash Online, Visa, MasterCard, Discover, American Express, or any other electronic funds transfer network reasonably believes to be an abuse of the card system or a violation of card association or network rules;
l. Allow your Account to have a negative Balance;
m. Disclose or distribute another User's Information to a third party, or use the Information for any purpose other than that for which it was provided, unless you receive the User’s express consent to do so;
n. Take any action that imposes an unreasonable or disproportionately large load on our infrastructure;
o. Facilitate any viruses, Trojan horses, worms or other computer programming routines that may damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or Information;
p. Use any robot, spider, other automatic device, or manual process to monitor or copy our website without our prior written permission;
q. Use any device, software or routine to bypass our robot exclusion headers, or interfere or attempt to interfere, with our website or the Services;
r. Take any action that may cause us to lose any of the services from our internet service providers, payment processors, or other suppliers;
s. Use the School Cash Online services to test credit card behaviours.
9. Your Liability – Actions We May Take
a. You’re Liability – You are responsible for all Reversals, Chargebacks, claims, fees, fines, penalties and other liability incurred by KEV, other Users, and all third parties caused by or arising out of your breach of this Agreement, and/or your use of the Services.
b. Reimbursement for Your Liability – In the event that you are liable for any amounts owed to KEV, KEV may immediately remove such amounts from your Balance. If you do not have a Balance that is sufficient to cover your liability, your Account will have a negative Balance and you will be required to immediately add funds to your Balance to eliminate the negative Balance. If you do not do so, KEV may engage in collection efforts to recover such amounts from you.
c. Actions by KEV – If we have reason to believe that you have engaged in any Restricted Activities, we may take various actions to protect KEV, the Services, other Users, other third parties, or you from Reversals, Chargebacks, claims, fees, fines, penalties and any other liability. The actions we may take include but are not limited to the following:
· We may close, suspend, or limit your access to your Account or the Services (such as limiting access to any of your Payment Methods, and/or your ability to send money, make withdrawals, or remove financial Information);
· We may contact your bank or credit card issuer, and/or warn other Users, law enforcement, or impacted third parties of your actions;
· We may update inaccurate Information you provided us;
· We may refuse to provide the Services to you in the future;
· We may hold your funds for up to 180 days if reasonably needed to protect against the risk of liability;
· We may take legal action against you.
KEV, in its sole discretion, reserves the right to terminate this Agreement, access to its website, or access to the Services for any reason and at any time upon notice to you and payment to you of any unrestricted funds held in custody for you.
d. Account Closure, Termination of Service, or Limited Account Access – If we close your Account or terminate your use of the Services for any reason, we will provide you with notice of our actions. If we limit access to your Account, we will provide you with notice of our actions and the opportunity to request restoration of access, if appropriate.
10. Unauthorised Transactions
a. 100% Protection for Unauthorized Transactions – KEV will cover you for the full amount of every eligible unauthorized transaction. An unauthorized transaction is either:
· Money that was sent from your Account that you did not authorize and that did not benefit you – for example, if someone steals your password, uses the password to access your Account, and sends a payment from your Account;
· A processing error that either incorrectly takes money from your Account or incorrectly places money in your Account – for example, if you send a payment and it is debited twice from your Account.
You should regularly log into your Account and review your Account history to ensure that there has not been an unauthorized transaction.
b. Notification Requirements – To be eligible for 100% protection for unauthorized transactions, you must notify us within 60 days after the unauthorized transaction first appears in your Account history. Otherwise, you will be liable for related losses that occur on day 61 and beyond if we reasonably believe we could have stopped the losses had you told us earlier. In our discretion, we will extend the 60-day time period if a good reason, such as a hospital stay, kept you from notifying us within 60 days. For unauthorized transactions from your School Cash Online Account, notify us as follows:
· Contact us via email at email@example.com;
· Contact us by phone at 1866 961 1803.
When you notify us, you must provide us with the following information:
· Your name and email address registered to your Account;
· A description of the suspected unauthorized transaction and an explanation as to why you believe it is incorrect;
· The dollar amount of the suspected unauthorized transaction; and
· such other information as we may reasonably request.
You should immediately notify KEV if you believe (a) there has been an unauthorized transaction or access to your Account; or (b) your password or has been compromised.
c. KEV Actions after Receipt of an Unauthorized Transaction Notification – Once you notify us of a suspected unauthorized transaction, or we otherwise learn of one, we will do the following:
· We will conduct an investigation to determine whether there has been an unauthorized transaction that is eligible for coverage under this section.
· We will complete our investigation within 10 Business Days of the date you notified us of the suspected unauthorized transaction. If we need more time, we may take up to 45 Business Days to complete our investigation.
If we decide that we need more time to complete our investigation, we will provisionally credit your Account for the amount of the suspected unauthorized transaction. You will receive the provisional credit within 10 Business Days of the date we received your notice. This will allow you to have use of the money until we complete the investigation. If we ask you to put your complaint or question in writing and we do not receive it within 10 Business Days, we will not provisionally credit your Account.
We will inform you of our decision within 3 Business Days after completing our investigation.
If we determine that there was an eligible unauthorized transaction, we will promptly deposit the full amount of the unauthorized transaction into your Account. Or, if you have already received a provisional credit, you will be allowed to retain those amounts.
If we decide that there was not an eligible unauthorized transaction, we will include an explanation of our decision in our email to you. If you received a provisional credit, we will remove it from your Account.
You may request copies of the documents that we used in our investigation.
d. Processing Errors – If we discover a processing error, we will rectify the error. If the error resulted in your receiving less money than you were entitled to, KEV will credit your Account for the difference. If the error results in you receiving more money than you were entitled to, KEV may debit the extra funds from your Account. If the error resulted in our not completing a transaction on time or in the correct amount, we will be liable for your losses or damages directly caused by this failure, unless:
· Through no fault of ours, you did not have enough available funds to complete the transaction;
· Our system was not working properly and you knew about the breakdown when you started the transaction;
· Circumstances beyond our control (such as fire or flood or loss of Internet connection) prevented the transaction, despite our reasonable precautions.
11. Service Fees
a. KEV charges for the use of the customized School Cash Online site including a fee to provide these services and to offset the costs related to the facilitation of payment processing, banking and merchant fees, use of other software products and in some cases the use of third party software and or services (the ‘Service Fees’). In many cases, Service Fees will be charged to the School District as well as via a Service Fee (from KEV and/or the School District) to the User. This Service Fee is included In the total amount charged to the User as noted in a check-out cart, or separate and visible in the check-out cart, and sometimes it is not charged at all. In any case, the Service Fees will never be more than 4.5% plus $0.10 per item plus any applicable sales taxes and in the vast majority of Districts, those fees will be much less.
b. Additionally, your cart may include item amounts rounded to make the collection of fees easier. Any monies collected in relation to this are directly paid and handled by the district.
c. By using School Cash Online you agree to these terms and conditions and any Service Fees associated with your transaction.
d. For more information please contact KEV (via our Parent Help Desk schoolcashonline.com/support) or your local school or school district.
12. US echeck Customers only
13. Disputes with KEV
a. Contact KEV First – If a dispute arises between you and KEV, our goal is to learn about and address your concerns and, if we are unable to do so to your satisfaction, to provide you with a neutral and cost effective means of resolving the dispute quickly. Disputes between you and KEV regarding the Services may be reported to Customer Service via email at any time, or by calling 1866 961 1803 from 8 AM to 8 PM EST.
b. Arbitration – For any claim (excluding claims for injunctive or other equitable relief) where the total amount of the award sought is less than $10,000.00 CAD, the party requesting relief may elect to resolve the dispute in a cost effective manner through binding non-appearance-based arbitration. If a party elects arbitration, that party will initiate such arbitration through an established alternative dispute resolution (“ADR”) provider mutually agreed upon by the parties. The ADR provider and the parties must comply with the following rules:
· The arbitration shall be conducted by telephone, online and/or be solely based on written submissions, the specific manner shall be chosen by the party initiating the arbitration;
· The arbitration shall not involve any personal appearance by the parties or witnesses unless otherwise mutually agreed by the parties;
· Any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction.
c. Law and Forum for Disputes – Except as otherwise agreed by the parties or as described in the “Arbitration” section above, you agree that any claim or dispute you may have against KEV must be resolved by a court located in Ontario, Canada. You agree to submit to the personal jurisdiction of the courts located in Ontario, Canada for the purpose of litigating all such claims or disputes, and you waive, and shall not assert by way of motion, as a defence, or otherwise, in any action, any claim that:
· that party is not subject to the jurisdiction of the courts of Ontario;
· the action is brought in an inconvenient forum;
· the venue of the action is improper; or
· any subject matter of the action may not be enforced in or by the courts of Ontario.
In any suit or action brought to obtain a judgment for the recognition or enforcement of any final judgment rendered in an action, you will not seek any review with respect to the merits of any action, whether or not that party appears in or defends the action.
d. No Waiver – Our failure to act with respect to a breach by you or others does not waive our right to act with respect to that breach, or subsequent or similar breaches.
e. Limitations of Liability – IN NO EVENT SHALL KEV, OUR EMPLOYEES, DIRECTORS, OFFICERS, AGENTS, AFFILIATES, , OR OUR SUPPLIERS BE LIABLE FOR LOST PROFITS OR ANY SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN CONNECTION WITH OUR WEB SITE, THE SERVICES, OR THIS AGREEMENT (HOWEVER ARISING, INCLUDING NEGLIGENCE). Some states do not allow the exclusion or limitation of incidental or consequential damages so the above limitation or exclusion may not apply to you. OUR LIABILITY, AND THE LIABILITY OF OUR EMPLOYEES, DIRECTORS, OFFICERS, AGENTS, AFFILIATES, AND OUR SUPPLIERS , TO YOU OR ANY THIRD PARTIES IN ANY CIRCUMSTANCE IS LIMITED TO THE ACTUAL AMOUNT OF DIRECT DAMAGES.
f. No Warranty – KEV, OUR EMPLOYEES, DIRECTORS, OFFICERS, AGENTS, AFFILIATES, OR OUR SUPPLIERS PROVIDE THE SCHOOL CASH ONLINE SERVICES “AS IS” AND WITHOUT ANY REPRESENTATION, WARRANTY OR CONDITION, EXPRESS, IMPLIED OR STATUTORY. KEV, OUR EMPLOYEES, DIRECTORS, OFFICERS, AGENTS, AFFILIATES, AND OUR SUPPLIERS SPECIFICALLY DISCLAIM ANY IMPLIED REPRESENTATIONS, CONDITIONS AND WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. KEV does not have any control over the products or services that are paid for with the Services and KEV cannot ensure that the vendor you are dealing with will actually complete the transaction or is authorized to do so. KEV does not guarantee continuous, uninterrupted or secure access to any part of the Services, and operation of our site may be interfered with by numerous factors outside of our control. KEV will make reasonable efforts to ensure that requests for electronic debits and credits involving bank accounts, credit cards, and cheque issuances are processed in a timely manner but KEV makes no representations or warranties regarding the amount of time needed to complete processing because the Services are dependent upon many factors outside of our control, such as delays in the banking system. Some states and/or provinces do not allow the disclaimer of implied warranties, so the foregoing disclaimers may not apply to you. This paragraph gives you specific legal rights and you may also have other legal rights that vary amongst states and provinces.
g. License Grant. If you are using Services then School Cash Online grants you a revocable, non-exclusive, non-transferable license to use School Cash Online’s Services in accordance with this Agreement. This license grant includes the Services and all updates, upgrades to Services, as described herein for your personal use only. You may not rent, lease or otherwise transfer your rights in the Services to a third party. You must comply with the implementation and use requirements contained in all School Cash Online documentation accompanying the School Cash Online Services. If you do not comply with School Cash Online’s implementation and use requirements you will be liable for all resulting damages suffered by you, School Cash Online and third parties. You agree not to alter, reproduce, adapt, distribute, display, publish, reverse engineer, translate, disassemble, decompile or otherwise attempt to create any source code which is derived from the Services. You acknowledge that all rights, title and interest to Services are owned by KEV.
h. Indemnification – You agree to defend, indemnify and hold KEV, OUR EMPLOYEES, DIRECTORS, OFFICERS, AGENTS, AFFILIATES, AND SUPPLIERS harmless from any claim or demand (including attorneys’ fees) made or incurred by any third party due to or arising out of your breach of this Agreement and/or your use of the Services.
i. Assumption of Rights – If School Cash Online pays out a Reversal or Chargeback that you file against a recipient of your payment, you agree that KEV assumes your rights against the recipient and third parties related to the payment, and may pursue those rights directly or on your behalf, in KEV’s discretion.
j. Release of KEV – If you have a dispute with one or more Users, you release KEV (and our employees, directors, officers, agents, affiliates, and suppliers) from any and all claims, demands and damages (actual and consequential) of every kind and nature arising out of or in any way connected with such disputes.
"Account" means a personal School Cash Online payment Account.
"Agreement" means this agreement including all subsequent amendments.
"Balance" means any money that you have in your Account. The terms "money" and "funds" are used interchangeably in this Agreement.
"Business Days" means Monday through Friday, excluding Holidays.
"Chargeback" means a request that a buyer files directly with his or her credit card company or credit card issuing bank to invalidate a payment.
"Customer Service" is School Cash Online’s customer support which can be accessed online at schoolcashonline.com/support, or by calling 1866 961 1803 from 8 AM to 8 PM ET
"Days" means calendar days.
"eCheck" means a payment funded from a sender's bank account that is held pending and not received by the recipient until it clears. When you send money using eCheck it will usually be held pending for up to 8 Business Days.
"Information" means any confidential and/or personally identifiable information or other information related to an Account or User, including but not limited to the following: name, email address and financial information.
"Merchant" and “Seller” are used interchangeably and mean a User who is selling goods and/or services and using the School Cash Online services to receive payment.
"Merchant Processing Delay" means a delay between the time you Authorize a payment and the Merchant processes your payment.
"Payment Method" means the payment method used to fund a transaction.
"Policy" or "Policies" means any Policy or other agreement between you and KEV that you entered into on the School Cash Online website, or otherwise, in connection with your use of the Services.
"Reversal" means PayPal reverses a payment you received because (a) it is invalidated by the sender’s bank; or (b) it was send to you in error by KEV,
"School Cash Online," “KEV,” "we," "us" or "our" means KEV Group, Inc. and its subsidiaries and affiliates.
"Services" means all our products and services and any other features, technologies and/or functionalities offered by us on our website or through any other means.
"Policy" or "Policies" means any Policy or other agreement between you and KEV that you entered into on the School Cash Online website, or in connection with your use of the Services.
"Substantial Change" means a change to the terms of this Agreement that reduces your rights or increases your responsibilities.
"User" means any person or entity using the School Cash Online services, including you.
"Unauthorized Payment" means a challenge from a buyer claiming that he or she did not make the payment and that the person who made the payment was not authorized.