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Terms of Use

Last Updated: 12/15/2024

 

KINA PLATFORM TERMS OF USE

THESE KINA PLATFORM TERMS OF USE (“TOU”) FORM A LEGAL AGREEMENT BETWEEN YOU, THE END USER (“You”) AND KINA REWARDS INC. (“Kina”) THAT APPLIES EACH TIME YOU USE OR ACCESS THE LICENSED PLATFORM AND/OR MOBILE APPLICATION MADE AVAILABLE AND THEIR ASSOCIATED

CONTENT, FEATURES, TOOLS, AND MATERIALS (collectively, the “Platform”). YOU SHOULD THEREFORE READ CAREFULLY THE FOLLOWING TERMS AND CONDITIONS AS THEY GOVERN YOUR USE OF THE PLATFORM AND ITS FUNCTIONALITY.

IN PARTICULAR, THIS TOU CONTAINS AN ARBITRATION PROVISION THAT WAIVES YOUR RIGHT TO A COURT HEARING AND/OR A JURY TRIAL AND A CLASS ACTION WAIVER THAT WAIVES YOUR RIGHT TO PARTICIPATE IN ANY CLASS ACTION LAWSUIT TO ENFORCE THIS CONTRACT.

IF YOU DO NOT AGREE WITH THIS TOU, YOU ARE NOT GRANTED PERMISSION TO ACCESS OR OTHERWISE USE THE PLATFORM AND ARE INSTRUCTED TO EXIT, UNINSTALL, AND/OR CEASE ALL USE OF THE PLATFORM IMMEDIATELY.

 

License Grant and Restrictions

This TOU provides to You a personal, revocable, limited, non-exclusive, non-sublicensable, and non- transferable license to use and access the Platform solely for Your personal, internal business and informational use as specifically described herein, conditioned on Your continued compliance with this TOU.

When using the Platform in accordance with the foregoing license, You shall not directly or indirectly: (a) use the Platform to create any service, software or documentation that performs substantially the same functionality as the Platform; (b) disassemble, decompile, reverse-engineer or use any other means to attempt to discover any source code, algorithms, or trade secrets underlying the Platform or any of its components; (c) encumber, sublicense, transfer, distribute, rent, lease, time-share or use the Platform in any service bureau arrangement or similar commercial purposes; (d) adapt, combine, create derivative works of or otherwise modify the Platform; (e) disable, circumvent, or otherwise avoid or undermine any security device, mechanism, protocol, or procedure implemented in the Platform; (f) use or access the Platform for any unlawful, fraudulent, deceptive, malicious, or otherwise harmful or injurious purpose; (g) remove, obscure, deface, or alter any proprietary rights notices on any element of the Platform or accompanying documentation; (h) use the Platform in any manner which could damage, disable, overburden, or impair the Platform or interfere with any third party’s authorized use of the Platform; (i) engage in any “data mining,” “deep-link,” “page-scrape,” or use “bots,” “spiders,” or similar data gathering and extraction tools or methods in connection with the Platform; or (j) probe, scan, or test the vulnerability of the Platform or any systems or network infrastructure connected with the Platform, including without limitation by stress testing or penetration testing.

User Obligations

You represent that You are at least eighteen (18) years of age or the legal age of majority in Your jurisdiction (whichever is greater) and will, at all times, provide true, accurate, current, and complete information (for which You have all necessary rights, permission(s), or authority to provide) when submitting information through the Platform. In addition, You are responsible for compliance with all applicable laws, rules, and regulations with respect to Your use of the Platform (including use of any permitted copies of the Platform materials and information).

The Platform is not intended for use or access by any individual under the age of thirteen (13) years. Kina does not knowingly, willingly, or intentionally collect personal information from such individuals in any medium for any purpose.

Services 

Kina Tuition Pay - enables Payers (Kina Members) to send payments, and Payees (Kina Business Partners) to receive payment for goods or services. To utilize this Service, the Payer must maintain an active and valid payment account, and the Payee must maintain an active and valid receiving payment account. See Schedule 1 attached hereto for a more detailed description of Kina Tuition Pay.

“Payer” means an entity desiring to pay for goods or services through use of the Platform. “Payee” means an entity desiring to be paid for goods or services through use of the Platform.

Your Account

You may be required to register an account to use the Platform or certain features of the Platform. Each registration is for a single user only, unless otherwise expressly agreed by Kina. Registration for the Platform may also require access credentials, such as a username and a password, or adherence to other access requirements as designated by Kina in its sole discretion from time to time. You hereby agree to treat Your access credentials as confidential and not to disclose such information to any third party without the express prior written consent of Kina, which may be granted or withheld in its sole discretion. You shall immediately notify Kina if You suspect or become aware of any loss, theft, or unauthorized use of Your login credentials. Kina will not be liable for any loss or damage arising from Your failure (whether intentional or unintentional) to comply with these obligations. By submitting the requested information to the registration form or similar process on the Platform, You represent and warrant that the information You submit for registration is complete, true, accurate, and current in all respects. You must maintain and promptly update Your submitted account information to ensure that such information is complete, true, accurate, and current. Kina reserves the right to suspend, terminate, or otherwise discontinue Your account and/or pending registration if Kina has reasonable grounds to suspect that any information You have submitted is untrue, inaccurate, not current, or incomplete, or that Your registration, account, or use of the Platform is in violation of applicable law or this TOU.

Kina transfers funds from Payer Accounts to Payee Accounts with the assistance of banking institutions authorized to handle ACH (Automated Clearing House) and wire transactions on behalf of Kina (each a “Payment Processor”).  The Payment Processor is responsible for securely processing payments, ensuring the transfer of funds from Payer Accounts to our business account, and from our business account to Payee Accounts, in accordance with financial regulations and agreed-upon service terms.

You represent and warrant that (i) all Users are at least 18 years of age; (ii) you are not located in a country/region that is subject to U.S. Government sanctions or embargoes, or that has been designated by the U.S. Government as a Specially Designated National (SDN) or “terrorist supporting” country/region; (iii) you have not previously been suspended or removed from the Platform; (iv) you are not barred from using the Platform, Site, or Services under applicable law; (v) you will provide all documentation requested by Kina to verify identity and creditworthiness; and (vi) you are not listed on any U.S. Government list of prohibited or restricted parties.

Service Fees and Payment Terms

You agree to pay all applicable fees for the Services (“Service Fees”), which may include a Payment Processing Fee, a fee that may be assessed by Kina for each payment made by a Payer to Payee. This fee may be expressed as a flat fee and/or as a percentage of the total transaction amount, depending on the selected payment method. 

You authorize Kina to charge your Payment Method for all Service Fees as they become payable, plus any applicable taxes (“Authorization”). You agree that you are responsible for the full amount of applicable Service Fees for each billing cycle in which you use the Service or maintain an Account. The Authorization continues in effect until Kina or you terminate your Account in accordance with the terms of this Agreement, and any and all outstanding Service Fees have been paid in full. All Service Fees and other charges are in U.S. dollars, and all payments shall be in U.S. currency. All Service Fees are non-refundable. Kina reserves the right to modify, terminate, or otherwise amend the Fee Schedule from time to time, in its sole discretion. Your Service Fees will be displayed alongside the payment options, and once more before you confirm your payment transaction.

Transaction Limits

When you use the Service, you grant us and we reserve the right, in our reasonable discretion, to impose limits on the amount of money sent through the Service, on a per transaction or a cumulative basis, and to change those limits at any time, without any liability therefor. If we impose or change such limits, we will use commercially reasonable efforts to provide notice to you, but will not be required to do so.

Anti-Money Laundering and KYC Requirements

US Patriot Act. To help the U.S. government fight the funding of terrorism and money laundering activities, federal and state law requires financial institutions, including businesses who process payments, to obtain, verify, and record information that identifies every customer. This means that when you create an Account, we will ask you for your name, address, date of birth, and other information that will allow us to identify you. We may also ask to see your driver’s license or other identifying documents, such as business-related documents. 

Verification Required. We reserve the right to refuse to allow any User to use or access the Service if we are unable to obtain or verify the required information relating to identity or financial condition. Notwithstanding any steps that we take to verify the information provided to us, you represent and warrant that all information you provide is complete, truthful, accurate, and up-to-date. 

Review of Accounts and Payments. You grant to us and we reserve the right to review or place on hold any Account or any payment requested through the Service for credit and fraud risk or compliance with applicable laws, such as anti-money laundering regulations, combating terrorist financing laws and OFAC sanctions. We may place a hold on a payment for as long as reasonably necessary to conduct an appropriate inquiry regarding the payment, an Account, a User, an Entity, or Individual, or any related facts or circumstances. Depending on the results of this review, we reserve the right to take appropriate action, including cancelling the payment, reversing the payment, or continuing to hold the payment pending instructions from a government agency. 

Reports. You acknowledge that we may make available appropriate reports regarding payments made through the Service, including but not limited to financial institutions, regulators, tax agencies and law enforcement authorities, as required or permitted by law, and we will cooperate with the appropriate authorities in any resulting investigation or prosecution. 

Electronic Communications

Kina may send emails or other electronic messages to you concerning your use of the Platform. You consent to receive such electronic communications and agree that all such electronic communications constitute valid legal notices satisfying any requirement that such notices be in writing.

 Rewards Terms & Conditions

In addition to this TOU, Your use of and access to the Kina Rewards Program and its related benefits, information, and materials are subject to the Kina Rewards Terms & Conditions available at https://www.kinarewards.com/rewards-program-terms. You agree to comply with all provisions of the Kina Rewards Terms & Conditions, which are incorporated herein by reference. You acknowledge that Your breach of the Kina Rewards Terms & Conditions shall constitute Your breach of this TOU.

Links to Third-Party Sites and Services

Certain services, features, or components made available via the Platform are delivered by third-party providers. By using any product, service, or functionality originating from the Platform, You hereby acknowledge and consent that Kina may share such information and data with the applicable third-party provider as may be required to enable and facilitate the requested third-party product, service, or functionality via the Platform.

 

KINA EXPRESSLY DISCLAIMS RESPONSIBILITY AND LIABILITY FOR ANY THIRD-PARTY MATERIALS, PROGRAMS, APPLICATIONS, TOOLS, PRODUCTS, AND SERVICES SET FORTH, DESCRIBED ON, OR ACCESSED THROUGH THE PLATFORM, AND YOU AGREE THAT KINA SHALL NOT BE RESPONSIBLE FOR ANY LOSS OR DAMAGE INCURRED AS A RESULT OF ANY DEALINGS BETWEEN YOU AND A THIRD PARTY, WHETHER OR NOT FACILITATED BY OR MADE IN CONNECTION WITH THE PLATFORM

Third-Party Terms and Conditions

Additional notices, terms, and conditions may apply to products, services, receipt of or access to certain materials, participation in a particular program, and/or specific portions or features of the Platform, including without limitation the terms of third-party applications incorporating or utilizing the Platform and/or Your accounts with third-party providers of such applications. You hereby agree that: (a) this TOU operates in addition to any terms of use imposed or required by any such third-party provider; and (b) the terms of this TOU supplement and do not alter or amend any such third-party terms of use.

Data Privacy

You understand, acknowledge, and agree that the operation of certain features of the Platform may require or involve the provision, use, and dissemination of various items of personally identifiable information, including without limitation personal contact information. Please refer to the Kina Rewards Inc. General Privacy Policy available at https://kinarewards.com/privacy-policy (as may be updated by Kina occasionally), for a summary of Kina’s policies and practices regarding personally identifiable information.

Proprietary Rights

All materials and information included as part of the Platform, including without limitation all content, text, graphics, logos, and images made available on the Platform, as well as the compilation thereof, and any software or other proprietary materials used on or integrated with the Platform, are the property of Kina or its applicable third-party licensors, and are protected by copyright and other laws governing intellectual property and proprietary rights. Kina reserves all rights in the Platform not expressly granted herein.

You agree that You do not acquire any ownership rights in any part of the Platform under this TOU or through Your use of the Platform. Kina does not grant You any rights or licenses, express or implied, to any intellectual property hereunder except as specifically authorized by this TOU.

Mobile Usage

The Platform offers various tools or display functionality that may be accessible via Your mobile phone or other mobile computing device. Please note that Your mobile carrier’s normal messaging, data, and other rates and fees will apply to Your use of the Platform. In addition, downloading, installing, or using the Platform on Your mobile device may be prohibited or restricted by Your mobile carrier, and not all functionality on the Platform will work with all carriers or devices or in all locations. Therefore, You are solely responsible for: (i) checking with Your mobile carrier to determine if the Platform is available for Your mobile devices; (ii) the restrictions, if any, may be applicable to Your use of the Platform; and (iii) determining and keeping track of the network and data fees or similar charges associated with such use.

Feedback

“Feedback” means any feedback, recommendations, enhancement requests, suggestions, testimonials, endorsements, or ideas for improvement communicated to Kina by You regarding the Platform or Kina’s products and services. From time to time, You may voluntarily provide Feedback to Kina, whether or not in response to specific requests or solicitation by Kina. In such event, You grant to Kina a perpetual, irrevocable, fully transferable, freely sublicensable, royalty-free, worldwide license to make, have made, use, import, offer for sale, sell, reproduce, distribute, modify, adapt, prepare derivative works of, display, perform, and otherwise exploit such Feedback for any purpose in Kina’s discretion without restriction. The foregoing license to Feedback shall survive the termination or expiration of this TOU for any reason.

Indemnification

You agree to indemnify, defend and hold harmless Kina and its officers, directors, employees, agents, successors, and assigns from and against any losses, costs, liabilities, damages, and expenses (including reasonable attorney's fees) relating to or arising out of Your violation of (a) this TOU, (b) any personal or proprietary rights of a third party, or (c) any applicable laws, rules, or regulations. Kina reserves the right, at its own cost, to assume the exclusive defense and control of any matter otherwise subject to indemnification by You, in which event You will fully cooperate with Kina in asserting any available defenses.

Disclaimers and Excluded Liability

KINA DOES NOT REPRESENT OR WARRANT THAT THE PLATFORM WILL OPERATE ERROR-FREE OR ON AN UNINTERRUPTED BASIS. THE PLATFORM IS PROVIDED “AS IS” AND “AS AVAILABLE,” AND TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW, KINA HEREBY DISCLAIMS ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION ANY IMPLIED WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSE. WITHOUT LIMITING THE FOREGOING, YOU ACKNOWLEDGE THAT KINA MAKES NO REPRESENTATION, WARRANTY, OR GUARANTEE WHATSOEVER REGARDING THE QUALITY, ACCURACY, EFFECTIVENESS, LEGALITY, RELIABILITY, OR TIMELINESS OF ANY SERVICES, CONTENT, OR INFORMATION MADE AVAILABLE IN CONNECTION THEREWITH OR ANY RESULTS OBTAINED THEREFROM. YOU AGREE THAT YOUR USE OF AND ACCESS TO THE PLATFORM ARE ENTIRELY AT YOUR OWN RISK, AND THAT YOU ARE SOLELY LIABLE AND RESPONSIBLE FOR THE RESULTS OF SUCH USE AND ACCESS, SUCH THAT KINA SHALL HAVE NO LIABILITY OR RESPONSIBILITY THEREFOR UNDER ANY LEGAL THEORY OR CAUSE OF ACTION NOW KNOWN OR HEREAFTER ESTABLISHED.

IN NO EVENT SHALL KINA BE LIABLE HEREUNDER, REGARDLESS OF THE FORM OF CLAIM OR ACTION (WHETHER IN CONTRACT, NEGLIGENCE, STATUTORY LIABILITY OR OTHERWISE), FOR ANY LOSS OR INACCURACY OF DATA, LOSS OR INTERRUPTION OF USE, OR COST OF PROCURING SUBSTITUTE TECHNOLOGY, GOODS, OR SERVICES, OR ANY INDIRECT, PUNITIVE, INCIDENTAL, RELIANCE, SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES, INCLUDING WITHOUT LIMITATION DAMAGES FOR LOSS OF BUSINESS, REVENUES, PROFITS AND/OR GOODWILL, EVEN IF SUCH DAMAGES WERE REASONABLY FORESEEABLE OR IF KINA WAS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THESE LIMITATIONS SHALL APPLY NOTWITHSTANDING THE INSUFFICIENCY OR FAILURE OF ANY REMEDY PROVIDED HEREIN.

CERTAIN JURISDICTIONS AND LAWS MAY NOT PERMIT SOME OR ALL OF THE DISCLAIMERS OF LIABILITY SET FORTH IN THIS SECTION. IN THE EVENT THAT SUCH A JURISDICTION OR LAW APPLIES TO THE SUBJECT MATTER OF THIS TOU, THE FOREGOING DISCLAIMERS WILL APPLY TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW.

 

Limitation of Liability 

Kina is not responsible nor liable for (i) User Content or anyone’s reliance on User Content; (ii) any consequences or losses directly or indirectly resulting from your delay in providing, or your failure to provide, Kina with information necessary for its provision of Services; (iii) payments to or from you, or any transactions or disputes between Payer and Payee, including disputes relating to Kina Tuition Pay (except to the extent due to Kina’s negligence or willful misconduct), (iv) your violation of the NACHA Rules; (v) unauthorized third-party actions taken in your Account and any transactions, consequences, or losses arising therefrom, except to the extent due to Kina’s negligent acts or omissions; (vi) your negligence or any negligence of your authorized representatives; (vii) any losses, or portions of any losses, that could have reasonably been avoided or mitigated by you through reasonable efforts; (viii) any circumstances or losses arising out of or related to a Third-Party Provider's use of your Shared Information; (ix) any Requested Actions, or any consequences or losses directly or indirectly resulting therefrom (except to the extent due to Kina’s negligent acts or omissions); or (x) your failure, or the failure of any of your authorized representatives, to properly follow Kina’s instructions with respect to the Services. 

No Professional Advice

The content and information contained in or made available through the Platform (including but not limited to any reports, graphics, statistics, methodologies, illustrations, or practices disclosed therein) cannot replace or substitute for the services of qualified professionals in any field, and nothing contained on the Platform should be treated or construed as professional financial, tax, medical, psychological, or legal matters. You acknowledge that You are solely responsible and accountable for Your decisions, actions, and results regarding real estate and finances, tax, and personal health, and agree that Kina shall not be held liable for any decisions made by You in reliance or with reference to any content or information that You access on the Platform.

Term, Termination, and Suspension

This TOU takes effect (or re-takes effect) at the moment You first access, use, install, and/or log into the Platform. Kina reserves the right at any time and on any grounds, including without limitation any reasonable belief of fraudulent or unlawful activity, to deny or suspend Your access to the Platform, or to any portion thereof, in order to protect its name and goodwill, its business, its ownership and other rights in the Platform or any content or information therein, the security and stability of the Platform, and/or the rights of others. This TOU terminates automatically if You fail to comply with any provision hereof, subject to the survival rights of certain provisions identified below. You may also terminate this

TOU at any time by ceasing to use the Platform, but each re-access or renewed use of the Platform will reapply the TOU to You. Upon termination or expiration of the TOU for any reason, all licenses granted by Kina hereunder shall immediately terminate, and You must immediately cease all use of the Platform. The provisions of this TOU concerning Kina’s proprietary rights, Feedback, disclaimers of warranty, limitations of liability, waiver and severability, entire agreement, indemnification rights, arbitration, class action waiver, injunctive relief, and governing law will survive the termination of this TOU for any reason.

Without limiting the foregoing, Kina reserves the right, in its sole discretion, to terminate or suspend Your access to the Platform or any feature or portion thereof at any time, without notice to You, if Kina reasonably determines or suspects that You are in violation of this TOU.

Arbitration

In the event the parties hereto are not able to resolve any dispute between them arising out of or concerning this TOU, or any provisions hereof, whether arising in contract, tort, or otherwise at law or in equity for damages or any other relief, then such dispute shall be resolved exclusively through final and binding arbitration pursuant to the Federal Arbitration Act, conducted by a single neutral arbitrator and administered under the Commercial Arbitration Rules of the American Arbitration Association. The exclusive site of such arbitration shall be in Los Angeles, California. The arbitrator's award shall be final, and judgment may be entered upon it in any court having jurisdiction. The prevailing party shall be entitled to recover its costs and reasonable attorney's fees. The entire dispute, including the scope and enforceability of this arbitration provision, shall be determined by the arbitrator. This arbitration provision shall survive the termination of this TOU for any reason. Notwithstanding the foregoing, Kina may bring a claim for injunctive relief against Your violation of this TOU in any court of competent jurisdiction.

Class Action Waiver

BY USING THE PLATFORM AND AGREEING TO THESE TERMS, YOU HEREBY WILLINGLY, EXPRESSLY, AND KNOWINGLY WAIVE ALL RIGHT TO BRING OR PARTICIPATE IN ANY CLASS-ACTION LAWSUIT, CLASS-WIDE ARBITRATION, OR PRIVATE ATTORNEY-GENERAL ACTION BROUGHT UNDER OR IN CONNECTION WITH THIS TOU OR YOUR USE OF THE PLATFORM. YOU MAY NOT BRING ANY CLAIM, SUIT, OR OTHER PROCEEDING TO ENFORCE THIS TOU AS THE MEMBER OF ANY CLASS OR AS PART OF ANY SIMILAR COLLECTIVE OR CONSOLIDATED ACTION.

Governing Law

This TOU is governed by the laws of the State of California, without reference to its principles of conflict of laws. Subject to the foregoing arbitration requirements, any claim, suit, or other proceeding brought between the You and Kina under this TOU shall be adjudicated exclusively in the state and federal courts sitting in California, and You hereby expressly submit to such jurisdiction for the final resolution thereof.

The Platform may not be used or accessed from or in any jurisdiction that does not give effect to all provisions of this TOU, including without limitation this paragraph.

Independent Contractors

The relationship between You and Kina under this TOU is that of independent contractors, and nothing herein or in Your use of the Platform shall be construed as creating any joint venture, partnership, employment, or agency relationship.

Security and Compliance

Kina reserves the right to view, monitor, and record Your activity on the Platform without notice or permission from You. Kina’s provision of the Platform is subject to existing laws and legal process, and nothing contained herein shall restrict or reduce Kina’s ability to comply with governmental, court, and law enforcement requests or requirements involving Your use of the Platform or information provided to or gathered by Kina with respect to such use.

Export Controls

You represent and warrant that You are not: (a) located in a country that is subject to a U.S. government embargo or sanction; or (b) listed on any U.S. government list of prohibited or restricted parties. You hereby agree that (i) You will comply with all applicable sanctions and export control laws, and (ii) You are solely responsible for ensuring that the Platform is used, disclosed, and/or accessed only in accordance with all applicable sanctions and export control laws.

Severability and Waiver

If any part of this TOU is determined to be invalid or unenforceable pursuant to court order or other operation of applicable law, such provision shall be deemed reformed or severed from this TOU to the minimum extent required by such order or law, and the remainder of this TOU shall continue in full force and effect to the maximum extent permitted under applicable law.

Kina’s failure to insist on strict performance of any of this TOU will not operate as a waiver of any subsequent default or failure of performance by You. No waiver by Kina of any right under this TOU will be deemed to be either a waiver of any other right or provision or a waiver of that same right or provision at any other time.

Injunctive Relief

You acknowledge that any breach, threatened or actual, of this TOU would cause irreparable injury to Kina not readily quantifiable as money damages, such that Kina would not have an adequate remedy at law. You therefore agree that Kina shall be entitled, in addition to other available remedies, to seek and be awarded an injunction or other appropriate equitable relief from a court of competent jurisdiction restraining any such breach of Your obligations, without the necessity of posting bond or other security.

Changes to Terms

Please note that Kina reserves the right to change the terms and conditions of this TOU by posting a revised set of terms or mailing and/or e-mailing notice thereof to You. In addition, Kina may add, modify, or delete any aspect, component, or feature of the Platform, but Kina is not under any obligation to add any upgrade, enhancement, or modification. Your continued use of the Platform following any announced change will be deemed as conclusive acceptance of any change to the TOU. Accordingly, please review the TOU on a periodic basis.

If You have any questions regarding this TOU, please contact Kina at hello@kinarewards.com.

 

 

 

Schedule 1

KINA TUITION PAY

The following additional provisions will apply to the Kina Tuition Pay service: 

  1. Kina Tuition Pay. Kina Tuition Pay is a set of services, features, and functionalities that enable Payers to make payments to Payees through the Service. 
  2. Payment Account. To use Kina Tuition Pay as a Payer, you must associate one or more bank account(s) with your Account. Such a bank account is referred to herein as the “Payment Account”. When you enter Payment Account information for purposes of Kina Tuition Pay Service, you represent and warrant: 
  • You have the authority to provide and disclose the Payment Account information to Kina; 
  • You have the authority to and do authorize the initiation of Automated Clearing House (“ACH”) debit or credit entries, as applicable, to the Payment Account in accordance with any payment instructions provided in connection with your Account or use of the Service, and, as necessary, the initiation of adjustments or reversals as provided or permitted under this Agreement, or applicable law, rules or regulations; 
  • You will provide complete and accurate information to Kina about your Payment Account, including, but not limited to, information on the ownership of the Payment Account, and will notify us promptly if the Payment Account information or ownership changes; and 
  • Each payment that a Payer initiates through the Services complies with this Agreement and applicable law, rules and regulations.
  1. Authorized Payers. By entitling a Payer to make payments through the Service , you represent and warrant to us that the Payer is authorized to instruct us to make payments and to initiate debit or credit entries, as applicable, to or from the Payment Account, as provided under this Agreement, the terms of the financial institution holding the Payment Account, and any applicable laws, rules, and regulations. You will be responsible for payments requested or made by a Payer, whether or not authorized by you. 
  2. Payment Instructions.  

4.1 When we receive a payment instruction from a Payer, we will use commercially reasonable efforts to make and deliver the payment, subject to this Agreement, and you authorize us to debit your Payment Account and remit funds on your behalf, all in accordance with the payment instructions.  

4.2 You agree to be bound by any payment instructions that a Payer provides to us through your Account, to the fullest extent allowed by law, whether or not authorized, except to the extent any unauthorized payment instructions were due to Kina’s negligent acts or omissions. You agree that you will be liable for all losses or payments resulting from (i) inaccurate instructions or other errors, except to the extent limited by law; (ii) any fraudulent or illegal compromise of your systems; or (iii) the theft, loss, compromise, or unauthorized use of your Account, unless (a) you have notified us of possible theft, loss, compromise or unauthorized use, and (b) we have had a reasonable opportunity to act on that notice; provided, however, you will not be liable for such losses or payments to the extent any of the circumstances described in subsections (i), (ii) or (iii) were due to Kina’s negligent acts or omissions. Upon your timely report, we may, in our sole discretion, use good faith measures to attempt to reverse and recover any unauthorized or erroneous payments on your behalf, but we will have no responsibility, obligation, or liability in relation to such payments or any reversal or recovery attempts. 

  1. Rights We Reserve.  

5.1 We reserve the right to limit or cap or to refuse to make any payment transaction requested or initiated through Kina Tuition Pay without any liability therefor in the event: (i) your Account is not in good standing or you are in breach of this Agreement, (ii) we reasonably believe our actions are required in order for us to comply with applicable law, (iii) our Payment Processor refuses to or is unable to make the payment, (iv) we are required to take such actions in accordance with our Payment Processor Anti-Money Laundering or Know Your Customer requirements, (v) the payment may subject us to liability, or (vi) we are prevented from doing so for reasons beyond our control.  

5.2 In the event that we suspend or cancel a payment, you authorize us and we agree to credit the amount of any electronic ACH debit(s) received by us to fund the payment to your Payment Account, less any Service Fees or other amounts owed by you to us in connection with this Agreement.

5.3 We reserve the right to expire, void or cancel any payment if the payment is not deposited or otherwise received and processed by a Payee within a commercially reasonable amount of time, as determined by us in our sole discretion. If we expire, void or cancel any payment, (a) you authorize us and we agree to credit the amount of the payment to your Payment Account, less any Service Fees or other amounts owed by you to us in connection with this Agreement, and (b) we will promptly notify you, subject to any restrictions imposed by law enforcement or applicable law, of our action to expire, void or cancel such payment. 

  1. Payee Payment. If a Payer chooses to associate with, connect with, or pay a Payee, you acknowledge and agree that the Payer is solely responsible for selecting and paying the correct Payee. We have no liability or responsibility if the Payer selects or pays an incorrect Payee. 
  2. Payment Instruction Authorizations. When you create or associate a Payee with your Account, you authorize us to follow the payment instructions that we receive from that Payee. We have no liability or responsibility if the Payee issues incorrect payment instructions.
  3. Payment Method. To use the Kina Tuition Pay Service, for each payment transaction, the Payer must choose an active and valid payment method to pay the Payee. Available payment methods may include electronic ACH payment or credit/debit card payment. The payment method selected may be subject to additional terms. We reserve the right to change or limit the payment method options available to any Payer or Payee, provided there will at all times remain at least one (1) available payment method. 
  4. Payment Processing Dates. Payment transactions made through Kina Tuition Pay require sufficient time for us to debit your Payment Account and for your Payee to receive payment. When making a payment through Kina Tuition Pay, the Payer may have the option to select an available future date on which we will initiate processing the ACH debit from your Payment Account to fund the payment ("Process Date").You agree that you are solely responsible for ensuring the Payer schedules payments and selects an appropriate Process Date for each payment transaction. You understand that the selection of a future Process Date may not be available for all products and services. 
  5. Payment Schedule. When provided by us, estimated payment dates are for convenience only. We do not guarantee that a payment to a Payee will be made within any specific time frame and we have no liability or responsibility if a payment scheduled through Kina Tuition Pay is not made to a Payee on or before any specific date except to the extent any such delay in payment is due to the negligent acts or omissions of Kina. It is your sole responsibility to ensure that payment to a Payee is made as required by agreement, law, or otherwise. Except as otherwise agreed or required by law, we will not be liable, and you will be solely responsible for all penalties, interest charges, and other late payment fees associated with payments that are delivered after a specific date or the designated due date except to the extent any such delay in payment is due to the negligent acts or omissions of Payee. 

11 Payment Cancellation. You understand and agree that when a Payer authorizes a payment to be made to a Payee through the Kina Tuition Pay Service, such authorization remains in effect for thirty (30) days or until the payment Process Date (the date on which instruction for funds transfer from the Payer’s account is sent to the Payment Processor), whichever is later. Payments that are scheduled and have a Process Date that is more than three (3) business days in the future may be cancelled by making a cancellation request by email to hello@kinarewards.com. Payments that are scheduled to be processed immediately or have a Process Date that is three (3) or less business days in the future cannot be cancelled; however, the Payer may make a request to void the payment (See Section 12 below). 

  1. Void Payment Requests. To stop a payment after it has begun to process, the Payer must request to void the payment (“Void Payment Request”) by submitting a request via email to hello@kinarewards.com. Upon receipt of a Void Payment Request, we will use commercially reasonable efforts to void the payment, but you acknowledge and agree that we may be unable to void the payment. Our ability to void a payment depends on a number of factors, including but not limited to the payment method and whether the payment has cleared the Payee’s account. You agree that we will not have any liability for failing to stop or void a payment that has begun to process. A Void Payment Request may be subject to a fee, which will be disclosed to Payer upon receipt of the Void Payment Request. 
  2. Returned Transactions. You are solely responsible for the accuracy of the payment information or the payment instructions provided to us. If a payment is refused or returned, we will void the payment, unless we in our sole discretion agree to take other action on the payment such as crediting or reissuing the payment. If a returned or refused payment is voided, you authorize us and we agree to credit the amount of the payment to your Payment Account, less any Service Fees or other amounts owed by you to us. 
  3. Receiving Account. To receive payments from a Payer as a Payee, you must associate one or more bank account(s) (individually and collectively, the "Receiving Account") with your Account. When you enter Receiving Account information, you represent and warrant: 
  • You have the authority to provide and disclose the Receiving Account information to Kina; 
  • You have the authority to and do authorize the receipt of ACH debit or credit entries, or wire debit or credit entries, as applicable, to the Receiving Account and, as necessary, the initiation of adjustments or reversals as provided or permitted under this Agreement, or applicable law, rules or regulations; 
  • You will provide complete and accurate information to Kina about your Receiving Account, including, but not limited to, information on the ownership of the Receiving Account, and will notify us promptly if the Receiving Account information or ownership changes; and 
  • Each payment that you request from a Payer through the Services is accurate and complies with this Agreement and applicable law, rules and regulations. 
  1. ACH Rules 

15.1 You agree that all electronic ACH transactions requested, initiated or otherwise processed in connection with your Account or your use of the Services are subject to this Agreement, the Operating Rules of the National Automated Clearing House Association (“NACHA Rules”), and all other applicable laws, rules and regulations, which may include Uniform Commercial Code Article 4A or Regulation E. For purposes of the NACHA Rules, we are an “Originator” or a “Third Party Sender”. 

15.2   For purposes of ACH debits and credits, and all electronic payments made or received through the Services, you: 

(i) understand and agree that all payments processed through the Services are funded by an electronic withdrawal (an “ACH debit”) processed for us through the ACH Network from your Payment Account; 

(ii) Authorize us to initiate and process ACH debits and credits in accordance with your payment instructions and as provided under this Agreement; and 

(iii) agree to be subject to and comply with this Agreement, the NACHA Rules, and all other applicable laws, rules and regulations. 

15.3 ACH Debits 

(a) Debits from your Payment Account. When a Payer uses Kina Tuition Pay to pay a Payee, you are responsible for the payment amount and agree to fund the payment to us. To fund the payment, you authorize us to process an ACH debit from your Payment Account in the full amount of each payment requested. If an ACH debit from your Payment Account to fund a payment made by a Payer through the Service is rejected or returned by your bank for any reason, YOU UNDERSTAND AND AGREE THAT YOU CONTINUE TO BE RESPONSIBLE FOR FUNDING THE PAYMENT AMOUNT AND AGREE TO PAY THE AMOUNT OF THE REJECTED DEBIT DIRECTLY TO US WITHIN 5 BUSINESS DAYS. You also agree that we may resubmit a returned or rejected ACH debit to your Payment Account, at our sole discretion. You agree to pay all penalties, interest charges, late payment fees, service fees, and/or interest related to the rejected or returned funding ACH debit. You certify that your Payment Account is enabled for ACH debits, and agree to reimburse us for all penalties and fees incurred if any funding ACH debit is rejected or returned because your Payment Account was not properly configured to accept ACH debits. If an ACH debit processed by us from your Payment Account is rejected or returned for any reason, we reserve the right to suspend all payments from your Account or terminate your Account, all at our sole discretion. Kina will use commercially reasonable efforts to provide advance notice to you, subject to any restrictions imposed by law enforcement or applicable law, prior to suspending payments or terminating your Account in accordance with this Section.

 (b) Returns and Maintaining Sufficient Funds. When using the Service, you understand and agree that it may take more than 60 days for us to receive notice of the return or reversal of an ACH debit and/or to exercise any rights granted or reserved under this Agreement. You agree at all times to maintain sufficient funds in your Payment Account to satisfy all obligations to us in connection with your Account and your Payers’ use of the Service, including returns, reversals, and associated fees, and to add funds immediately if we notify you that your funds are insufficient. 

(c) Ownership of Funds Collected for Payment. In the event that we process an ACH debit to fund a payment before we make the associated payment disbursement, the funds collected through the ACH debit will be held in a master bank account owned by us, as custodian and agent on your behalf and for your benefit. These funds may be commingled with other funds similarly collected and held by us for purposes of making payments requested through the Service. Even though the funds will be held in an account owned by us, the funds are held solely for your benefit, not us, and you will be principal with respect to those funds.  

15.4 ACH Payments and ACH Credits 

(a) ACH Payments. When using Kina Tuition Pay, if permitted by your Account and this Agreement, your Payers may choose to pay Payees by electronic ACH payment. ACH payments may not be available for all payments.

(b) Credit for Returned or Cancelled Payments. If a payment requested or made through Kina Tuition Pay is returned or cancelled, we reserve the right to process an ACH credit in the amount of the payment to your Payment Account, less any Service Fees or other amounts owed to us.