KABN KASH Website Terms of Use

KABN KASH (the “Site” or “KABN KASH”) is owned and operated by KABN Systems North America Inc., its parent KABN Systems NA Holdings Corp. and is intended for your personal, non-commercial use and information.  Your access and use of the Site is subject to all terms and conditions set out below (the “Terms”) and all applicable laws.  By accessing and browsing the Site, you accept the Terms without limitation or qualification.  If you do not agree with the Terms, whether in whole or in part, do not use the Site.

KABN Systems North America Inc. and its parent company, KABN Systems NA Holdings Corp. are licensees and affiliates of KABN (Gibraltar) Limited and shall be referred to throughout this documents collectively as “KABN”. 

General Terms

  1. Access to the Site is limited to individuals located within Canada and who are at least thirteen (13) years of age.   Individuals who wish to use the Site to access a third party to make a purchase must be of the age of majority in your province or territory of residence.

  2. You are responsible for ensuring that your access to the Site and the materials available on or through it are legal in the province or territory you are ordering from, for example, any age restricted products or products that may only be legal in certain provinces or territories.

  3. In the event a conflict exists between these Terms and the terms located at https://kabnsystemsna.com/, these Terms shall prevail with respect to your access and use of the Site.

Cashback Terms

  1. Unless otherwise specified on the Site, cashback will be awarded for each dollar spent for all qualifying transactions from the participating third party retailers, excluding taxes, shipping fees, custom duties or any other type of applicable surcharge.  Retailers pay commissions to KABN KASH on qualifying transactions and KABN KASH turns this into cashback for you, the purchaser.  Commission levels can differ depending on the retailer and the individual products purchased and this can affect the total amount of cashback received.  Please review the cashback offers carefully so you fully understand the cashback you are entitled to for any purchases.

  2. Cashback will only be awarded for purchases initiated through www.kabnkash.com.  No cashback will be awarded for transactions that you initiate directly with any retailer.  No cashback will be awarded based on retailer restrictions and the award of cashback cannot be combined with any other offer, promotion or coupons.  For example, no cashback will be awarded if a promotion code not found on the KABN KASH Site is used with a participating third party retailer.

  3. To receive cashback, you must be logged into www.kabnkash.com with your valid KABN ID, you use only valid links from KABN KASH to enter a participating third party retailer’s website and complete the transaction within the same web session.

  4. The user must reach a $10.00 minimum of accumulated cashback from transactions, before KABN KASH can payout to your Paypal or KABN Card. This total can be found within the ‘My Account’ section, under ‘Payable’. 

  5. No cashback will be awarded for purchases made through outside retailers that are not linked directly from KABN KASH.  For example, once you access a third party retailer through KABN KASH, if you click on advertisement that may be available on that third party website and it takes you to a fourth retailer, you will not receive cashback on any purchases made through that fourth retailer. 

  6. Cashback will be credited within approximately eight (8) weeks of the shipping date of a purchased item.  Cashback on travel bookings must first be validated by the retailer after the travel event has been completed.  For example, if on March 1st you book a hotel room for a stay from July 1 – 14th, the retailer will not validate your transaction until after your stay is completed on July 14th.  Any applicable cashback for your stay will be credited within approximately eight (8) weeks from the completion of your travel event.  KABN KASH is not responsible for any delays in the crediting of cashback to your KABN KASH account.

  7. KABN KASH members have up to six (6) months from the transaction date to make a missing cashback enquiry.  Transactions prior to your enrollment date in the KABN KASH program are not eligible for cashback.

  8. KABN KASH reserves the right to reverse any cashback credited to your KABN KASH account for any valid reason, including:

  1. The return of goods by you or the cancellation of services by either you or the retailer; and

  2. Any attempt to commit fraud.

  1. KABN KASH is not responsible or liable for any changes or discontinuances by any participating third party retailer of their products, services or offers. 

  2. KABN KASH is not responsible or liable for any out of date information on any third party retailer website.

  3. KABN KASH reserves the right to change participating third party retailers or modify the KABN KASH cashback offers at any time without notice.

  4. You acknowledge and agree that when logged into the KABN KASH website, information on your activity through the use of navigation links may be used to enhance your user experience and credit cashback for purchases made at participating third party merchants.

Online Shopping Terms

  1. If you have not logged into www.kabnkash.com and are ready to make a purchase from your selected retailer, the Site will prompt you to log in, asking for your KABN ID and password.

  2. KABN KASH provides you with a service through which you can enter into a contractual relationship with independent, third party retailers.

  3.  Links to specific products or offers will lead you to third party retailer websites that are not controlled or related to KABN KASH.  Once you have followed links to any third party websites, KABN KASH will not be responsible or liable for any activity resulting from your use of hose links, including the sale of merchandise or services; payment for and delivery of related goods and services; and all other terms, conditions, representations and warranties related to such dealings, which will then be solely between you and the third party.  Once you have accessed a third party retailer’s website, the terms and conditions applicable to such website will govern your use of it.

  4. Prices on third party retailer websites may be in US Dollars and some third party retailers may require payment in that currency.  Additionally you are responsible for any duty charges that may be applicable to purchases made from retailers located outside of Canada.

  5. You must ensure that all web browser extensions from any other cash back or loyalty programs are turned off before using KABN KASH.  Any active web browser extensions from other cash back or loyalty programs can affect the program that your cash back is assigned to.  KABN KASH is not responsible for any purchase of goods or services you make under any other cash back program and such purchases will be governed by the program they were purchased under.

  6. KABN KASH, KABN Systems NA Holdings Corp., KABN Systems North America Inc., KABN (Gibraltar) Limited, their parents, subsidiaries, officers, directors, employees, representatives, affiliates, licensees, licensors and Liquid Avatar (collectively the “Companies”) will not be held responsible or liable in any way for any loss or damage of any kind arising out of, or in connection with, any dealings, transactions or purchases of goods and services you choose to make through third party retailers connected to KABN KASH.

  7. In the event of any dispute between you and a third party retailer, the Companies will not be able to intervene in any way.  Any questions, complaints or claims related to the goods or services sold, including any applicable warranties such goods or services may have, should be directed to the retailer they were purchased from.

Registration and Identification

  1. Services offered through the Site require registration and identification of the user.  If you choose to register with KABN KASH, you agree to provide all required information and you represent that all information provided by you is true and accurate.  Should your information change in any way, you agree to update your information in a timely manner.  Cashback may be delayed in the event that your information or profile with KABN KASH is out of date or incorrect.  It is your responsibility to update KABN KASH if your information changes. 

  2. You agree to keep confidential any username, account number or password provided to you or chosen by you as a result of your registration.  You agree to be held liable and to hold the Companies harmless for any activity carried out under any username, account number and password attributed to you.  Should you become aware of any unauthorized use of your username, account number or password, you are responsible for notifying KABN KASH immediately. 

Exclusions of Warranties

  1. The Companies make no representations and disclaims all express, implied and statutory warranties or any kind to the user and/or any third party regarding the accuracy, timeliness, completeness, merchantability, functionality, good working order, fitness or condition of the Site, the information, applications, products and services contained on the Site, its suitability for use, or its use in an uninterrupted or error free manner.  ALL MATERIAL, APPLICATIONS, PRODUCTS SERVICES AND INFORMATION ON THE SITE ARE PROVIDED TO YOU “AS IS” WITHOUT WARRANTIES OF ANY KIND.  THE COMPANIES DISCLAIM ALL WARRANTIES AND CONDITIONS, WRITTEN OR ORAL, STATUTORY, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, WARRANTIES AND CONDITIONS OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE AND HAVE NO LIABILITY IN TORT, CONTRACT OR OTHERWISE (AND, AS PERMITTED BY LAW, PRODUCT LIABILITY) TO YOU THE USER OR ANY THIRD PARTY.  THE COMPANIES SHALL UNDER NO CIRCUMSTANCES BE LIABLE TO YOU THE USER OR ANY THIRD PARTY FOR ANY LOST PROFITS OR LOST OPPORTUNITY, OR ANY INDIRECT, SPECIAL, CONSEQUENTIAL, INCIDENTAL, OR PUNITIVE DAMAGES WHATSOEVER, FROM ANY APPLICATION OF THE INFORMATION PROVIDED WITHIN THE SITE, EVEN IF THE COMPANIES HAVE BEEN ADVISED OF THE POSSIBILITIES OF SUCH DAMAGES. These exclusions are in addition to any specific exclusions otherwise provided in the Terms.  Some Canadian provinces, territories and foreign countries provide rights in addition to those above, or do not allow excluding or limited implied warranties, or liability for incidental or consequential damages.  Therefore, the above limitations may not apply to you or there may be provisions that supersede the above.  Any clause declared invalid shall be deemed severable and not affect the validity or enforceability of the remainder.

Limitations of Liability

  1. The Companies will not be liable, whether towards you or a third party, for claims, losses, costs, expenses or damages of any kind, be they direct, indirect, incidental special, consequential, exemplary or punitive, arising out of or in connection with the Site, its content, or the user thereof or access thereto.  For greater certainty, but without limitation whatsoever and notwithstanding anything to the contrary, KABN will not be liable, whether towards you or a third party, for claims, loses, costs, expenses or damages of any kind, be they direct, indirect, incidental, special, consequential, exemplary or punitive, arising out of or in connection with any of the following:

  1. Telecommunication systems breakdowns, underperformance, delays, interruptions in service, electrical failures and blackouts, including such failures and problems having a negative impact on the communication, transmission, accuracy or prompt reception of information, material, messages or instructions between you and KABN KASH or preventing in whole or in part, the transmission of such information, material messages or instructions;

  2. Your inability to at any time, access any part of the Site or its content, or the products and services offered on the Site or from third party retailers connected to KABN KASH;

  3. The Interception, loss or disclosure of confidential or sensitive information communicated via the internet, including personal information.

Your sole and exclusive remedy is to discontinue using and accessing the Site.  The exclusions and limitations shall apply regardless of whether the claims, losses, costs or damages are founded on a contractual or extra-contractual basis or on any other theory of liability, and these exclusions and limitations shall apply even if the Companies are advised of the possibility of such claims, losses, costs or damages.  Some Canadian provinces, territories and foreign countries do not allow such exclusions or limitations or prohibit the exclusion or limitation of moral, bodily, incidental or consequential damages.  The liability of the Companies, in those particular jurisdictions, shall be limited to the extent allowed by law.  Notwithstanding the foregoing, in the event that the Companies are held liable for such damages suffered in relation to the Site, the liability will in no case exceed the sum of ten ($10) Canadian Dollars.

Indemnification

  1. You agree to indemnify and hold the Companies harmless, and to take up the defence of the Companies from all liabilities, claims or suits originating from any third party, and any damages (including reasonable legal, expert and attorney fees) arising out of or in connection with your failure to respect these Terms or from any other act or omission on your part through your use of the Internet, your access to any website, including the KABN KASH Site, or access to any website by anyone using your computer system.

Copyright and Trademarks

  1. All material on the Site, including but not limited to, text, images, illustrations, software, HTML code, audio clips, video, clips, logos, design and art are owned or otherwise provided by the Companies.  The Companies do not represent or warrant that such material does not infringe upon the rights of any other person or entity.  The material on the Site is protected in Canada by the Copyright Act and in other jurisdictions by applicable international treaties and local laws.  Consequently, the material on the Site may not be copied, reproduced, republished, downloaded, posted, transmitted, distributed or modified or reverse engineered, in whole or in part in any form whatsoever, without the express written consent of the Companies.

  2. Trademarks, logos and service marks, including but not limited to the KABN logo and the KABN KASH logo displayed on the Site are registered or unregistered Marks and are the property of the Companies and may not be used without the express written permission of the Companies.  Such marks not owned by the Companies that may be displayed on the site are the property of their respective owners and may not be used without the express written permission of their owners.

  3. Nothing on the Site or within these Terms may be interpreted as conferring a right to use any marks or material protected by the Copyright Act or laws in any other jurisdiction.  You agree not to adapt, translate, modify, decompile, disassemble or reverse engineer any material, file, software, mark or any other element made available through the Site.

Information Transmitted

  1. KABN KASH and the Companies will use its best effort to maintain the confidentiality of the personal and confidential information it receives from you.  The use of this information is governed by the Privacy Policy of KABN.  Please refer to the KABN Privacy Policy for more information. 

  2. You acknowledge that any unprotected email communications via the Internet are subject to possible interception, alteration or loss and that the Companies will not be responsible for any loss or damages suffered in such circumstances.

  3. Communications via the Internet are susceptible to interception, loss or modification.  No personal information should be transmitted by you to KABN KASH, KABN ID or the Companies by way of email, unless measures have been taken to ensure the security of the communications.  Any such communication, whether or not protection measures have been taken to ensure the security of the communication, are done at your own risk.  The Companies will not be responsible for any personal information you choose to transmit via email.  KABN KASH and the Companies may disclose information communicated by you in order to satisfy the requirements of any law, regulation or governmental request to which the Companies are bound.

  4.  The Companies have no liability whatsoever to you or any third party for any injury or damages suffered in relation to any email sent to KABN KASH or the Companies or sent by KABN KASH or the Companies at your request.  You take full responsibility for all risks associated with such communications.

  5. You represent and warrant that the information or material that you provide electronically to KABN KASH, KABN ID or the Companies by accessing or using the Site does not infringe on the rights or any other person or entity.

User Generated Content

  1. The Site may include comment sections, bulletin boards, chat areas and forums (collectively the “Forums”) which allow feedback to KABN KASH and users, and interaction between users.  KABN KASH does not control the messages, information or files delivered to the Forums, unless otherwise noted therein.  However, the Companies and KABN KASH reserve the right at all times to monitor, edit, refuse to post or to remove any information or materials, in whole or in part, that, in KABN KASH and the Companies’ sole discretion, are objectionable or in violation of any of the Terms and to deny any user access to the Site.  KABN KASH and the Companies are not obligated to monitor any of the Forums on the Site.  Users accessing the Forums agree not to:

  1. Restrict or inhibit any other user from using and enjoying the Forums;

  2. Post or transmit any unlawful, threatening, abusive, libelous, defamatory, obscene, vulgar, pornographic, profane or indecent information of any kind, or any blatant expression of bigotry, racism, hatred or harassment, including without limitation, any transmission constituting or encouraging conduct that would constitute a criminal offence, give rise to civil liability or otherwise violate any local, provincial, federal or foreign law;

  3. Post, transmit, link to, or otherwise distribute any information, materials or content that do not generally pertain to the designated or theme of the particular Forum;

  4. Post, transmit or in any way exploit any information, software or material, for commercial purposes or which contains solicitations for sales or purchases, advertising, promotion or marketing;

  5. Post, transmit, link or otherwise distribute any file or information containing a virus, Trojan horse, or other harmful content; or

  6. Use the Forums for any commercial purpose whatsoever.

  1. By uploading materials or by contributing to any of the Forums, you automatically grant (or warrant that the owner of such material expressly grants) to KABN KASH and the Companies, a worldwide, perpetual, royalty-free, irrevocable and non-exclusive right and license to use, copy, adapt, exploit, televise, broadcast, transmit, communicate, publicly display and perform, distribute and create compilations and derivative works from such submitted materials for any purpose whatsoever, and in any manner, media or technology whatsoever, including, but not limited to, all forms of television, wireless and online technology, now known or later developed.  In addition, you warrant that all “moral rights” in such materials have been waived.

  2. When participating in a Forum, you should never presume that people are who they say they are, know what they say they know, or are affiliated with whom they say they are affiliated.  KABN KASH and the Companies will not be responsible for the content or accuracy of any information on the Forums and will not be responsible for any reliance or decisions made based on such information.

Monitoring

  1. KABN KASH and the Companies may monitor access to the Site and any other activities in relation thereto.  KABN KASH and the Companies may intervene, at their sole discretion, to ensure conformity with the Terms or any rule of law or order, but make no representations and give no warranties in regards to monitoring.  By using and accessing the Site, you consent to any monitoring KABN KASH and the Companies may choose to do, at our sole discretion, and KABN KASH and the Companies’ right to proceed with any intervention.

Links

  1. KABN KASH and the Companies have not reviewed and do not expressly or implicitly endorse any other websites or any information or material, or the accessibility thereof, via any links on the Forums or on the KABN KASH site, and does not take any responsibility for any third party websites, information or materials, products or services posted or offered thereon.  You may not create links from other websites to pages of or on the Site other than to the main page, except if expressly permitted to do so by KABN KASH and the Companies.

Accuracy of Information

  1. While KABN KASH may update the information or materials on the Site from time to time, KABN KASH and the Companies do not represent or warrant that the information or materials on the Site is up to date, accurate, error free or complete.

Personal Information

  1. KABN KASH strongly advises you against posting any personal information or sharing any personal information through any of the Forums or public postings on the Site.  KABN KASH and the Companies are not responsible or liable for any personal information you choose to post or make public in any way through the use of the Site.

Responsibility For Your Computer System

  1. You remain entirely responsible for all damage caused to your computer system by (i) the connection, configuration, and compatibility of the different components of your computer system, (ii) the use of all material originating from any website whatsoever, (iii) access to any website, and (iv) the download of any data, software or viruses. 

  2. KABN KASH and the Companies have no liability whatsoever for the illegal access to your computer system by hackers or for the quality, reliability, compatibility or speed of services provided by any internet service provider.

Viruses

  1. KABN KASH and the Companies do not represent or warrant that the information or material, including any downloadable software, accessed from or through the Site will be uninterrupted or free of errors, defects, viruses or other harmful components, or that any such problems that are discovered will be corrected.

Damage to Others

  1. You agree and undertake not to introduce in or through the Site, any information or material that may be harmful to others.  Among other things, you agree not to include, knowingly or otherwise, any error or defect in material or information that may, for instance, constitute libel, slander, defamation, or an obscenity, or promote hatred or otherwise give rise to a criminal offence or civil liability on the part of any person or entity.

Governing Laws

  1. The Terms shall be governed by the laws applicable in the Province of Ontario, and the laws of Canada as may be applicable.  You agree to be bound by such laws and to submit to the exclusive jurisdictions of the courts of Ontario whose courts shall have exclusive jurisdiction in connection with the interpretation or application of the Terms.

Severability

  1. If any provision of the Terms should be declared illegal, invalid or unenforceable by any court of competent jurisdiction, such illegality or unenforceability shall not affect or render illegal, invalid or unenforceable such provision in any other jurisdiction, nor shall it affect the legality, validity or enforceability of any other provision of the Terms in any jurisdiction.

Termination

  1. You acknowledge and agree that KABN KASH and the Companies, in their sole and absolute discretion, may, without notice to you, suspend, cancel or terminate your KABN KASH account or your use of, or access to, the Site or any of its services, and remove and discard any information or content related to the Site or any of its services (and your use thereof), for any reason, including where KABN KASH and the Companies believe that you have violated any of the Terms.  You further agree that KABN KASH and the Companies shall not be liable to you or to any other person as a result of any such suspension or termination.  If you are dissatisfied with the Site or any of its services or with any of the Terms, or with any conditions, rules, policies, guidelines, or practices of KABN KASH and the Companies or any of the services on the site, your sole and exclusive remedy is to discontinue using the Site and its services.

Entire Agreement

  1. The Terms constitute the entire agreement between KABN KASH, the Companies and you pertaining to your use of the Site, its services and content and supersedes any prior or concurrent agreements, communications and proposals, whether electronic, oral or written, between you, KABN KASH and the Companies with respect to the subject matter hereof.

Transfer

  1. KABN KASH and the Companies may transfer or assign all of its rights and responsibilities without notice.  You may not assign any of the rights granted herein.