myKaarma Terms and Conditions of Use
April 7, 2017 V 2.1
Last updated: April 7, 2017 V 2.1
PLEASE READ ALL TERMS AND CONDITIONS AND THE ACCEPTABLE USE POLICY.
myKaarma STRONGLY RECOMMENDS THAT YOU PRINT AND SAVE THESE TERMS AND CONDITIONS OF USE FOR FUTURE REFERENCE.
GENERAL SCOPE OF SERVICES
The myKaarma Services may include: myKaarma payments, including the payment services provided through myKaarma partner dealership merchant accounts including point of sale, mobile and online payment services; myKaarma Customer Interaction Management including online, email, and mobile (SMS and MMS) messaging management; the myKaarma vehicle service appointment scheduling system; the myKaarma Tablet Vehicle Check-in System; myKaarma dealership portal online administration and any other features, tools, applications, materials, or other services offered by myKaarma.
In addition, when you use any current or future myKaarma Services (e.g., mobile payments, appointment scheduling, dealership-customer communication services, credit card and debit card purchases, payment services offered through myKaarma affiliated services) you also will be subject to the guidelines, terms and agreements applicable to such service or business.
If you use myKaarma online or mobile payment services, you are responsible for all payments immediately upon submission of payment approval. Additional terms may be referenced or expressed within a myKaarma online or mobile payment screen that links to this agreement. If you make a payment with a credit or debit card using the Services, you are responsible for complying with the terms of any applicable cardholder agreement. You may also be subject to and must comply with any terms and conditions of your payment processor. All complaints or inquiries relating to any payment transactions should be initially directed to myKaarma customer service, without exception. MyKaarma will make every effort to resolve any problems with its full force and attention.
When using myKaarma payments, the payment processor may provide the capability to save your payment card number for future payments. myKaarma acts only to communicate such capabilities to you from the payment processor. myKaarma does not save your payment card information but uses encrypted processes in accordance with the payment processor and card brand rules. You are responsible for complying with the rules provided to you from your card brand when using such services.
For myKaarma support go to support.mykaarma.com or telephone myKaarma support at (310) 982-7707.
REFUNDS AND CHARGEBACKS
MyKaarma connects consumers, dealers and credit card processors to provide convenient, secure payment services. MyKaarma is not a party in the financial transaction itself. If there is a dispute over the payment amount, or the services provided, this must be resolved between you and the other parties to the transaction which may include yourself, the consumer, the dealer, and the credit card company.
You are responsible for complying with any payment obligations for goods or services provided to you including any obligations to a dealership or other merchant policies and obligations under cardholder agreements.
If you are making a payment on behalf of another party, you acknowledge that you have reviewed the invoice and verified with that party that they approve the invoice.
ELECTRONIC COMMUNICATIONS AND APPROVALS
You agree to the validity of any electronic communications you may make using the Services including email, text message and telephonic communications. You understand that all communications made using the Services may be recorded, however, you have the right to communicate using the Services without being recorded at any time. If you do not wish to be recorded you must notify the other party that you do not wish such communications to be recorded.
You agree that any approvals made regarding dealership services or payment services indicate your intent to approve such services including approvals made by electronic means including email, text messages, and tablet or online e-signatures and that such approvals are valid and binding under local, federal and state laws and regulations, including applicable automotive bureau regulations.
TEXT AND EMAIL MESSAGING CONSENT AND OPT-OUT
For dealership customers, you consent to receive text messages from the dealership you are patronizing, including a “Welcome” text message from a dealership service adviser, messages related to your vehicle service, appointment reminders, service reminders, service follow-up messages, and recall notices. If at anytime you (as a dealership customer) wish to opt-out of text messaging, text STOP to the dealership contact number, or email or call your service advisor to tell them you wish to stop receiving text messages. If at anytime you (as a dealership customer) wish to opt-out of email messaging, reply STOP to an email message or call your service adviser. You may opt back in at anytime in the future by calling or emailing your service adviser. If you change your mobile phone number or email address from which you use the Services to communicate with your dealership, email or text your service adviser with your new number to continue to receive these communications.
INTELLECTUAL PROPERTY RIGHTS
myKaarma retains all right, title and interest in and to its products and services, including, without limitation, software, images, text, graphics, illustrations, logos, service marks, copyrights, photographs, videos, music, and all related intellectual property rights. Except as otherwise provided in this agreement, you may not, and may not permit others to:
- reproduce, modify, translate, enhance, decompile, disassemble, reverse engineer or create derivative works of any of our products and services;
- sell, license, sublicense, rent, lease, distribute, copy, publicly display, publish, adapt or edit any of our products and services; or
- circumvent or disable any security or technological features of our products and services.
The design, text, graphics and selection and arrangement thereof and services and the legal forms, documents, guidance and all other content found on our website, application, and web application (“Service Content”) are copyright myKaarma. All rights reserved.
MyKaarma™, Kaarma and myKaarma.com are trademarks of myKaarma. These and any other myKaarma products or service names or slogans displayed on myKaarma products are trademarks of myKaarma. You may not copy, imitate or use them, in whole or in part, without our prior written consent. In addition, the look and feel of myKaarma is the service mark, trademark and/or trade dress of myKaarma and you may not copy, imitate or use it, in whole or in part, without our prior written consent. The names of actual companies and products you might encounter through us may be the trademarks of their respective owners. Nothing in these Terms or the Services should be understood as in any way granting any license or right to use any of myKaarma’s trademarks displayed on our website. All goodwill generated from the use of myKaarma’s trademarks is reserved for the use of myKaarma, exclusively.
Various products, methods, designs and features of the myKaarma Services are patented or patent pending, including the myKaarma online scheduler.
LICENSE AND SITE ACCESS
myKaarma grants you a limited license to access and use myKaarma Services including the myKaarma application, website and web application code or frames licensed to our business partners, and not to download (other than page caching) or modify it, or any portion of it, except with express written consent of myKaarma. Other than by express written agreement with myKaarma affiliated business partners, this license does not include any resale of myKaarma services, this site or its contents; any collection and use of any product listings, descriptions, or prices; any derivative use of this site or its contents; any downloading or copying of account information for the benefit of another merchant; or any use of data mining, robots, or similar data gathering and extraction tools. myKaarma Services and this site or any portion of this site may not be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without express written consent of myKaarma. You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of myKaarma without express written consent. You may not use any meta tags or any other “hidden text” utilizing myKaarma’s name or trademarks without the express written consent of myKaarma. Any unauthorized use terminates the permission or license granted by myKaarma. You are granted a limited, revocable, and nonexclusive right to create a hyperlink to the home page of myKaarma.com so long as the link does not portray myKaarma, or its products or services in a false, misleading, derogatory, or otherwise offensive matter. You may not use any myKaarma logo or other proprietary graphic or trademark as part of the link without express written permission.
DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY
THIS SITE AND ALL INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) AND SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THIS SITE ARE PROVIDED BY MYKAARMA ON AN “AS IS” AND “AS AVAILABLE” BASIS, UNLESS OTHERWISE SPECIFIED IN WRITING. MYKAARMA MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THIS SITE OR THE INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THIS SITE, UNLESS OTHERWISE SPECIFIED IN WRITING. YOU EXPRESSLY AGREE THAT YOUR USE OF THIS SITE IS AT YOUR SOLE RISK.
TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, MYKAARMA DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. MYKAARMA DOES NOT WARRANT THAT THIS SITE; INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THIS SITE; THEIR SERVERS; OR ELECTRONIC COMMUNICATIONS SENT FROM MYKAARMA ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. MYKAARMA WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THIS SITE OR FROM ANY INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THIS SITE, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES, UNLESS OTHERWISE SPECIFIED IN WRITING.
CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.
By visiting myKaarma.com, or the use of any myKaarma Services, including as detailed above, and any services provided by myKaarma in conjunction with any affiliated business partner, you agree that the laws of the United States and the State of California, without regard to principles of conflict of laws, will govern these Terms and any dispute of any sort that might arise between you and myKaarma.
DISPUTE RESOLUTION AND ARBITRATION
Any dispute relating in any way to myKaarma Services or in conjunction with any myKaarma Services provided through a myKaarma affiliated business partner, or through myKaarma.com or any myKaarma or Kaarya, LLC owned or operated web site or online e-commerce services, shall be settled by arbitration in accordance with the rules of the American Arbitration Association and judgment upon the award rendered by the arbitrator may be entered in any court having jurisdiction. The arbitration proceeding shall take place and the arbitration award given in writing in the City of Los Angeles, California or Orange County, California. In the event of litigation or arbitration to interpret or enforce either the provisions of this Agreement, the prevailing party shall be entitled to recover all costs and expenses associated with the proceeding, including arbitrator compensation and all attorney’s fees and expert witness fees reasonably incurred in such litigation or arbitration. Neither party shall have any liability to the other for any lost profits, lost revenues, incidental or consequential damages, or for punitive damages.
You may only resolve disputes with us on an individual basis, and may not bring a claim as a plaintiff or a class member in a class, consolidated, or representative action. Class arbitrations, class actions, private attorney general actions, and consolidation with other arbitrations aren’t allowed.
ACCEPTABLE USE POLICY
Acceptable Use of Communications Services
Our Services include a large number of what are collectively called “Communications Services.” These include services provided through the myKaarma Customer Interaction Management platform which includes text messaging, email, and telephonic voice communications. You agree to use the Communication Services only to send and receive messages or materials proper to and related to the particular Communication Service. When using a Communication Service, you agree that you will not do any of the following:
- Defame, abuse, harass, stalk, threaten or otherwise violate the legal rights of others.
- Publish, post, upload, distribute or disseminate any names, materials, or information that is considered inappropriate, profane, defamatory, infringing, obscene, indecent, or unlawful.
- Create a false identity, represent yourself as someone else, or sign an agreement as someone else or on behalf of someone else or otherwise falsify or delete in an uploaded file any significant attributions or notices.
- Upload or send files that contain software or other material protected either by intellectual property laws or by the rights of privacy or publicity except when
- you own or control the necessary rights, or
- you have received all necessary consents to do so.
- Upload or send corrupted files, files that contain viruses, or any other files that may damage the operation of another’s computer.
- Advertise, offer to sell, or offer to buy anything for business purposes except to the limited extent any particular Communication Service specifically allows such activity.
- Restrict or inhibit any other user from using and enjoying the Communication Services.
- Harvest or otherwise collect personally identifiable information about others, without their consent.
- Violate any code of conduct or other guidelines, which may be applicable for any particular Communication Service.
- Violate any applicable laws or regulations.
Although MyKaarma has no obligation to monitor the Communication Services, we reserve the right, in our own discretion, to review and remove materials posted to a Communication Service, in whole or in part. MyKaarma reserves the right to disclose any materials posted, information or activity as necessary to satisfy any applicable law, regulation, legal process, or governmental request.
No Unlawful or Prohibited Use
Dealership, customer, and myKaarma proprietary information stored on electronic and computing devices whether owned or leased by the individual, entity, the employee or a third party, remains the sole property of the respective party. You have a responsibility to promptly report the theft, loss or unauthorized disclosure of proprietary information. You may access, use or share proprietary information only to the extent it is authorized and necessary to fulfill your assigned job duties.
The following activities are, in general, prohibited when using myKaarma services. Designated employees may be exempted from certain restrictions during the course of their legitimate job responsibilities (e.g., systems administration staff may have a need to disable the network access of a host if that host is disrupting production services).
Under no circumstances is an employee using myKaarma Services authorized to engage in any activity that is illegal under local, state, federal or international law while utilizing myKaarma Services.. The lists below are by no means exhaustive, but attempt to provide a framework for activities which fall into the category of unacceptable use.
The following activities are strictly prohibited, with no exceptions:
- Violations of the rights of any person or company protected by copyright, trade secret, patent or other intellectual property, or similar laws or regulations, including, but not limited to, the installation or distribution of “pirated” or other software products that are not appropriately licensed.
- Unauthorized copying of copyrighted material including, but not limited to, digitization and distribution of photographs from magazines, books or other copyrighted sources, copyrighted music, and the installation of any copyrighted software for which or the end user does not have an active license is strictly prohibited.
- Accessing proprietary, personal, or confidential data, server or an account for any purpose other than conducting business, even if you have authorized access, is prohibited.
- Introduction of malicious programs into the network or server (e.g., viruses, worms, Trojan horses, e-mail bombs, etc.).
- Revealing your account password to others or allowing use of your account by others.
- Using a computing asset to actively engage in procuring or transmitting material that is in violation of sexual harassment or hostile workplace laws in the user’s local jurisdiction.
- Making fraudulent offers of products, items, or services originating from any account.
- Effecting security breaches or disruptions of network communication. Security breaches include, but are not limited to, accessing data of which you are not an intended recipient or logging into a server or account that the you are not expressly authorized to access, unless these duties are within the scope of regular duties. For purposes of this section, “disruption” includes, but is not limited to, network sniffing, pinged floods, packet spoofing, denial of service, and forged routing information for malicious purposes.
- Circumventing user authentication or security of any host, network or account.
- Providing information about, or lists of, employees to parties outside the applicable organization (e.g. dealership).
- Sending unsolicited email or text messages, including the sending of “junk mail” or other advertising material to individuals who did not specifically request such material (email and text spam).
- Unauthorized use, or forging, of email header information.
- Creating or forwarding “chain letters”, “Ponzi” or other “pyramid” schemes of any type.
MERCHANT USER SECURITY COMPLIANCE
Merchant users (e.g. automobile dealership service departments) of any myKaarma Services agree to comply with accepted industry standard practices for workstation and server security, including the timely installation of all software, hardware, firewall and operating system security updates or patches. Merchant users of myKaarma payment services agree to maintain records of all devices and device inspections for all point of sale devices employed as part of the myKaarma payment Services. All myKaarma merchants are required to be PCI compliant in accordance with their applicable merchant PCI classification in order to process payments with myKaarma payment Services. These requirements vary according to the myKaarma payment services used by each merchant and additional requirements may apply to individual merchants, such as may be required by their payment or gateway processor, merchant bank, accepted card brands and the point of sale devices in use by the merchant. Additional financial and security contractual requirements or government regulations may apply for certain merchant jurisdictions, including Canada. Merchants and merchant employees are solely responsible for any security breach or service disruption which is the result of negligence on the part of the merchant or any merchant employee.
SITE POLICIES, MODIFICATION, AND SEVERABILITY
myKaarma is a dba of Kaarya, LLC, a California Limited Liability Company.
2698 Junipero Ave., Suite 101B
Signal Hill, CA 90755