Terms and Conditions of BillExpress Online
Terms of Use
Please read the following Terms & Conditions carefully since they govern your
use of the GraceKennedy Remittance Services (GKRS) Bill Express website (www.billexpressonline.com).
From this point on, we will refer to the GKRS website as "Service" in these
Terms of Conditions.
By accessing this site you indicate your acknowledgement and acceptance of these
terms and conditions.
If you do not agree to the Terms & Conditions below, please do not access this
site or any of the pages herein.
Definitions
"Service" means the bill payment service offered by GraceKennedy Remittance
Services Limited (“GKRS”) through the www.billexpressonline.com website ("the
website"), and a reference to the Service includes GKRS, as the context may
require.
"Agreement" means these Terms and Conditions of the Service which are legally
binding on you and the Service once you give a Payment Instruction or other information
on the website.
"Payee" means the person or entity to which you wish a bill payment to be
directed.
"Payment Instruction" means the information provided by you to the Service
for a bill payment to be made to the Payee (such as, but not limited to, Payee name
and Payee account number).
"Business Day" means every Monday through Friday, excluding public holidays.
"Scheduled Payment Period" means the period of two Business Days after your
credit card is debited within which, subject to the provisions hereof, your Payee
account shall be credited with your payment.
"Due Date" means the date reflected on your Payee statement on which the
payment is due. It is not the late date or grace period.
"Scheduled Payment" means a payment that has been scheduled through the
Service but has not begun to be processed.
Access to and from Website
All information submitted to GKRS via this website shall be and remain the property
of GKRS. GKRS shall be free to use, for any legal purpose, any ideas, concepts,
know-how or techniques contained in information a user to this Website provides.
We will use our best efforts to include accurate and up to date information on this
website, but we make no warranties or representations as to the accuracy of the
information.
Service Responsibility
Due to circumstances beyond the control of the Service, particularly delays in handling
and posting payments by Payees or financial institutions, there may be delays in
the crediting of some transactions to your account. The Service shall not be responsible
for any such delay, but will bear responsibility only for the transmission of transaction
information to the respective Payee who then has the sole responsibility for crediting
your account.
Payment Authorization and Payment Remittance
By providing the Service with names and account information of Payees to whom you
wish to direct payments, you thereby authorize the Service to follow the Payment
Instructions that it receives through the payment system. In order to process payments
more efficiently and effectively, the Service may edit or alter payment data or
data formats in accordance with Payee directives.
When the Service receives a Payment Instruction from you, you thereby authorize
the Service to charge your credit card and remit funds on your behalf so that, subject
to the terms and conditions herein contained, your account shall be credited within
the Scheduled Payment Period. You also authorize the Service to credit your credit
card for payments returned to the Service by the Payee.
The Service will use its best efforts to make all your payments properly. However,
the Service shall incur no liability whatsoever for any loss, damage, expense or
cost of any kind, and any Service guarantee shall be void and of no effect if the
Service is unable to complete any payment initiated by you because of the existence
of any one or more of the following circumstances:
-
Through no fault of the Service, your credit card does not contain sufficient funds
to complete the transaction or the transaction would exceed the credit limit on
your credit card;
-
The payment processing center is not working properly and you know or have been
advised by the Service about the malfunction before you execute the transaction;
-
You have not provided the Service with the correct name, address, phone number,
or account information for the Payee, or if any other information provided by you
is incorrect; and/or,
-
Circumstances beyond control of the Service (such as, but not limited to, fire,
flood, break or surge in electricity supply or interference from an outside force)
prevent the proper execution of the transaction.
Provided that none of the foregoing exceptions are applicable, if the Service causes
an incorrect amount of funds to be removed from your credit card or causes funds
from your credit card to be directed to a Payee which does not comply with your
Payment Instruction, the Service shall be responsible for returning the improperly
transferred funds to your credit card, and for directing to the proper Payee any
previously misdirected transactions, and, if applicable, for any late payment related
charges. This shall be the extent of the liability of the Service hereunder.
Payment Methods
The Service reserves the right to select the method in which to remit funds on your
behalf to your Payee. These payment methods may include, but are not limited to,
an electronic payment, an electronic to cheque payment, or a laser draft payment.
Payment Cancellation
Once the Service has begun processing a payment it cannot be cancelled or edited.
Prohibited Payments
Payments to Payees who GKRS does not currently represent are prohibited through
the Service. This Agreement does not alter your liability or obligations that currently
exist between you and your Payees.
Exclusion of Warranties
THE SERVICE AND RELATED DOCUMENTATION ARE PROVIDED "AS IS" WITHOUT WARRANTY OF ANY
KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES
OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.
Password and Security
You agree not to give or make available your password (where applicable) to any
unauthorized individuals. You are responsible for all payments you authorize using
the Service. If you permit other persons to use the Service with your credit card
on your behalf, you are wholly responsible for any transactions that they authorize.
If you believe that your password has been lost or stolen or that someone may attempt
to use the Service with your credit card without your consent, you must notify the
Service at once by calling 888-555-5555 during customer service hours (9:00 a.m.
- 5:00 p.m. each Business Day).
Your Liability for Credit Card Transactions
Subject to the Service Responsibility set out above, GKRS is not responsible for
transactions done using your credit card since GKRS offers the Service using a secure
server and therefore has no access to the particulars of your credit card and no
control over the use of your card. For the avoidance of doubt, GKRS shall not be
liable to you in respect of any transaction done using your credit card or credit
card account number whether or not such transaction was done by a third party without
your knowledge or consent.
Errors and Questions
In case of errors or questions about your transactions, you should as soon as possible
notify us via one of the following:
-
Telephone us at (876) 929-1331, or toll free (local) at 888-555-5555 during customer
service hours;
-
Write us at: info@billexpressonline.com, 42-56 Harbour Street, Kingston, Jamaica W.I.
If you think your statement is incorrect or you need more information about a transaction
listed on the statement, you must contact us no later than sixty (60) days after
the FIRST statement was posted on which the problem or error appears. You must:
- Tell us your name;
-
Describe the transaction in question, and explain as clearly as possible why you
believe it is an error or why you need more information; and,
- Tell us the dollar amount of the suspected error.
If you tell us verbally, we may require that you send your complaint in writing
within ten (10) Business Days after your verbal notification. We will tell you the
results of our investigation within ten (10) Business Days after we hear from you,
and will correct any error promptly. Notwithstanding the foregoing, if we require
more time to confirm the nature of your complaint or question, we reserve the right
to take up to forty five (45) days to complete our investigation. If we decide to
do this, we will provisionally credit your credit card within ten (10) Business
Days for the amount you think is in error. If we ask you to submit your complaint
or question in writing and we do not receive it within ten (10) Business Days, we
may not provisionally credit your credit card. If it is determined that there was
no error we will mail you a written explanation within three (3) Business Days after
completion of our investigation. You may ask for copies of documents used in our
investigation. The Service may revoke any provisional credit provided to you if
we find that an error did not occur.
Disclosure of Account Information to Third Parties
GKRS may use standard Web tracking software to collect non-identifying information
about visitors to its website such as:
- Date and time website was accessed.
- City, State and Country from which access was made.
- Web browser used.
- IP address (A numeric address given to servers connected to the internet).
Some areas of the web site may use a “cookie” temporarily stored in the visitor’s
computer memory (RAM) to allow the web server to log the pages you use within the
site and to know if you have visited the site before.
It is our general policy to treat your account information as confidential. However,
we will disclose information to third parties about your account or the transactions
you make ONLY in the following situations:
GKRS may use this information to create summary statistics and to determine the
level of interest in its website.
- Where it is necessary for completing transactions that you have requested;
- Where it is necessary for activating additional services;
- Where it is necessary in order to request that a Payee sends you your bill electronically;
-
In order to verify the existence and condition of your account to a third party,
such as a credit bureau or Payee;
- To a consumer reporting agency for research purposes only;
- In order to comply with a governmental agency or court orders; or,
- If you give us your written permission.
Service Fees and Additional Charges
Though the Service is free to you, there will be a charge for optional services
offered by GKRS on the website. You hereby agree to pay such charges and authorize
the Service to deduct the calculated amount from your credit card for these amounts
and any additional charges that may be incurred by you. The calculation of any such
amount shall be final and binding on you, except in the case of manifest error.
Any financial fees associated with your credit card will continue to apply. You
are responsible for any and all telephone access fees and/or internet service fees
that may be assessed by your telephone and/or internet service provider.
Failed or Returned Transactions
In using the Service, you are requesting the Service to make payments for you from
your credit card. If we are unable to complete the transaction for any reason associated
with your credit card (for example, you have exceeded your credit limit), the transaction
will not be completed.
Alterations and Amendments
This Agreement, and the applicable fees and service charges may be altered or amended
by the Service from time to time without notice. In such event, the Service shall
not be obliged to inform users but shall ensure that the new terms and conditions
are posted on the site. Any use of the Service after the Service posts new terms
and conditions will be deemed to constitute your agreement to such change(s). Further,
the Service may, from time to time, revise or update the applications, services,
and/or related material, which may render all prior versions obsolete. Consequently,
the Service reserves the right to terminate this Agreement as to all such prior
versions of the applications, services, and/or related material and limit access
to only the Service's more recent revisions and updates.
Information Changes
It is your sole responsibility to ensure that the contact information in your user
profile is current and accurate. This includes, but is not limited to, name, address,
phone numbers and email addresses. Changes can be made online only. All changes
made are effective immediately for Scheduled and future payments paid from the updated
information. You hereby agree that the Service is not responsible for any payment
processing errors or fees incurred if you do not provide accurate information in
your contact information, Payment Instructions or otherwise.
Service Termination, Cancellation or Suspension
The Service may terminate or suspend Service to you at any time. Neither termination
nor suspension shall affect your liability or obligations under this Agreement up
to the date of termination or suspension.
Payee Limitation
The Service reserves the right to refuse to pay any Payee to whom you may direct
a payment. The Service will notify you promptly if it decides to refuse to pay a
Payee designated by you.
Returned Payments
In using the Service, you understand and agree that Payees may return payments to
the Service for various reasons such as, but not limited to, (a) Payee account number
not valid; (b) Payee is unable to locate account; or (c) Payee account paid in full.
The Service will use its best efforts to research and correct the returned payment
and return it to your Payee, or void the payment and credit your credit card.
Information Authorization
Your use of the Service may not be fulfilled if the Service cannot verify your identity
or other necessary information. Through your enrollment in the Service, you agree
that the Service reserves the right to request a review of your credit rating at
its own expense through an authorized credit bureau. In addition, you agree that
the Service reserves the right to obtain financial information regarding your account
from a Payee or your financial institution (for example, to resolve payment posting
problems or for verification).
Disputes
In the event of a dispute regarding the Service, you and the Service hereby agree
to resolve the dispute by looking to this Agreement. You agree that this Agreement
is the complete and exclusive statement of the agreement between you and the Service
which supersedes any proposal or prior agreement, oral or written, and any other
communications between you and the Service relating to the subject matter of this
Agreement. If there is a conflict between what an employee or other representative
of the Service says and the terms of this Agreement, the terms of this Agreement
will prevail.
Assignment
You may not assign this Agreement to any other party. The Service may assign this
Agreement freely. The Service may also assign or delegate certain of its rights
and responsibilities under this Agreement to independent contractors or other third
parties.
No Waiver
The Service shall not be deemed to have waived any of its rights or remedies hereunder
unless such waiver is in writing and signed by the Service. No delay or omission
on the part of the Service in exercising any rights or remedies shall operate as
a waiver of such rights or remedies or any other rights or remedies. A waiver on
any one occasion shall not be construed as a bar or waiver of any rights or remedies
on future occasions.
Captions
The captions of sections hereof are for convenience only and shall not control or
affect the meaning or construction of any of the provisions of this Agreement.
Governing Law
This Agreement shall be governed by and construed in accordance with the laws of
Jamaica, without regard to its conflicts of laws provisions, and you hereby agree
that the Courts of Jamaica shall have jurisdiction to hear and determine any matter
arising hereunder and expressly waive any claim of inconvenient forum.
Copyrights
Copyright in the images, text, screens, and web pages appearing at this website
is owned by GKRS or others as indicated. Users may copy information from the web
site for their own personal or educational use only, provided that each copy includes
any copyright, trademark, or service mark notice as they appear on the pages copied.
The information and materials may not otherwise be copied, displayed, distributed,
downloaded, licensed, modified, published, reposted, reproduced, reused, sold, transmitted
or otherwise used for public or commercial purposes, except as provided in these
terms and conditions without the express written permission of GKRS.
Links to Other Websites
GKRS may establish links between this website and other websites operated by non
affiliated third parties. GKRS has no control over any other such websites or the
contents therein and the existence of any such link shall not constitute and endorsement
by GKRS. All user access to any of these hyperlinks are at the user’s own risk and
the content, accuracy, opinions expressed, and other links provided are not investigated,
verified, monitored, or endorsed by GKRS.
THE FOREGOING SHALL CONSTITUTE THE SERVICE'S ENTIRE LIABILITY AND YOUR EXCLUSIVE
REMEDY. IN NO EVENT SHALL THE SERVICE BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL,
INCIDENTAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES, INCLUDING LOST PROFITS (EVEN IF
ADVISED OF THE POSSIBILITY THEREOF) ARISING IN ANY WAY OUT OF THE INSTALLATION,
USE, OR MAINTENANCE OF ANY EQUIPMENT, SOFTWARE, AND/OR THE SERVICE.