By accessing or using the KM MOTOR CARS, Inc. PayTrace online payment service website, you agree to be bound by all of the terms and conditions of this Agreement. We may modify this Agreement at any time, and you agree that such modifications will be effective immediately upon posting of the modified Agreement. You agree that by using our website after any such modifications, you will be deemed to have reviewed, agreed to and accepted the modified Agreement.
Online PayTrace Service is provided to you to facilitate access to pay your KM MOTOR CARS account(s) online. The Online PayTrace Service sends information about your account directly to your email address and allows you to pay online. This email will include a digital copy of your payment. PayTrace, a third party vendor that specializes in bill processing and presentment, hosts the service.
The KM MOTOR CARS will make every reasonable effort to ensure full performance of the Online PayTrace Service and, on a timely basis work with you to resolve disputes that may arise. We do not assume responsibility for malfunctions in public communications facilities not under our control that may affect the accuracy or timeliness of email messages you receive.
Any information sent by us to you via email is believed to be reliable. However, this information can only be provided on a best-efforts basis for your convenience and is not guaranteed. We will not be liable for any deficiencies in the accuracy, completeness, availability or timeliness of such information or for any decision made using this information.
In addition, please take note of the following guidelines, which will assist you in detecting certain types of Internet and email fraud (i.e. "phishing").
The KM MOTOR CARS does not make any warranties concerning the Online PayTrace service including, without limitation, any warranties of merchantability, fitness for a particular purpose or non-infringement of third party proprietary rights unless disclaiming such warranties is prohibited by law. The KM MOTOR CARS makes no warranties other than those expressly set forth in this agreement. The KM MOTOR CARS will not be liable for any damages of any kind arising from the use of this site, including, but not limited to, direct, indirect, incidental, consequential and punitive damages. You expressly agree that your use of this site is at your sole risk.
The KM MOTOR CARS is committed to protecting your privacy. You acknowledge that we and our vendor may receive certain private and confidential information in connection with your use of Online PayTrace. We may utilize your name, mailing address and changes thereto. We will not rent, sell or otherwise make available to any third party for any reason any of your private and confidential information that personally identified you, your Credit Card or payments you make through the Online PayTrace, other than to provide Online PayTrace or comply with applicable laws or regulations, including government agency or court orders, unless you otherwise expressly agree.
You agree that you will not intentionally provide false information when accessing or using the our Online PayTrace services. You also agree that you will not falsify, forge, or otherwise tamper with any information in the emails you receive as part of the Online PayTrace service.
The Online PayTrace website has security measures in place to protect against the loss, misuse, or alteration of the information you provide. Our Online Payment server software conforms to industry standards utilizing Secure Sockets Layer (SSL) technology, which is among the best software available for securing commerce transactions.
To use Online PayTrace, you must designate an eligible deposit or other asset account accessible by a credit card or debit card ("Credit Card") at a bank or other eligible financial institution (your "Financial Institution") from which payments will be made using Online PayTrace. You agree that, by scheduling automatic payments or a single payment, you authorize the KM MOTOR CARS to initiate debit entries to your Credit Card in such amount(s), and to initiate any debit or credit entries to your Credit Card necessary to correct any error in a payment. You also must authorize your Financial Institution to debit or credit your Credit Card in the amount of such payments or corrections. You represent that you have all necessary right, power, and authority to authorize each such payment, and that you will take such steps as your Financial Institution requires to make such authorization. This authorization shall remain in full force and effect until the we have received notice from you of your termination of such authorization in such time and in such manner as to afford the KM MOTOR CARS and your Financial Institution reasonable opportunity to act on it.
To use the KM MOTOR CARS, Inc. PayTrace service, you may designate an eligible deposit or other asset account accessible by an ACH (Automatic Clearing House) transaction at a bank or other eligible financial institution (your "Financial Institution") from which payments will be made using Online PayTrace. You agree that, by scheduling automatic payments or a single payment, you authorize the KM MOTOR CARS to initiate debit entries to your bank account in said amount(s), and to initiate any debit entries to your bank account necessary to correct any error in a payment. You also must authorize your Financial Institution to debit your bank account in the amount of such payments or corrections. You represent that you have all necessary rights, power, and authority to authorize such payment, and that you will take such steps as your Financial Institution requires making such authorization. This authorization shall remain in full force and effect until the KM MOTOR CARS has received notice from you of your termination of such authorization in such time and in such manner as to afford the KM MOTOR CARS and your Financial Institution reasonable opportunity to act on it.
The amount of funds you may use is limited by the amount of available funds you have on your Credit Card, including any available overdraft protection you may have with your Financial Institution. You agree to maintain sufficient funds on your Credit Card to satisfy your bill payments and that the KM MOTOR CARS will have no obligation to complete a transaction if sufficient funds are not available. Your access to your Credit Card also may be limited by your agreement(s) with your Financial Institution governing the Credit Card and by applicable law and regulations.
Online PayTrace is designed to be available seven days a week, 24 hours a day. However, we will update account balances and activity information daily, Monday through Friday, excluding holidays. In addition, we will not be liable for any inability to access Online PayTrace, or for any failure to update any information, for whatever reason. Payments received before 5 PM PST, Monday through Friday, will be credited your account the next business day. Payments made after 5 PM PST Monday through Friday, or on weekends and holidays, will be credited to your account in 2 business days. You are solely responsible for making payments prior to the due date, and you are solely responsible for any late fees charged or action taken by the KM MOTOR CARS for payments not timely made. Late fees for payments made using Online PayTrace are the same as the late fees charged for mailed payments.
Your Financial Institution may charge you fees related to your Credit Card, including transaction fees or fees for attempting transfers without sufficient funds. If a transaction is not honored by your bank a fee may be charged to your account.
If you believe that someone has improperly accessed your Credit Card through Online PayTrace without your permission, contact the KM MOTOR CARS immediately. You should also immediately contact your Financial Institution. Please be aware that you are solely responsible for any unauthorized transfers, although your Financial Institution may provide some form of fraud protection.
You may choose to cancel Online PayTrace at any time with no fee. If you wish to discontinue Online PayTrace, or discontinue automatic payments while still using Online PayTrace to pay individual bills, you may cancel by sending a cancellation notice to the address shown below under "Notices." Your termination will be effective no more than 30 days after we receive your request.
The KM MOTOR CARS may suspend or terminate your access to Online PayTrace at any time, without notice and for any reason. We will attempt to provide you with prior notice of suspension or termination by posting on our website or otherwise sending notice of termination. However, the KM MOTOR CARS will not be liable for any failure to do so. Neither termination nor discontinuation of Online PayTrace shall affect your liability for transactions initiated through Online PayTrace using your password.
Please submit all correspondence via the following address or phone number:
KM MOTOR CARS
5160 Pentecost Dr Suite E
Modesto, CA 95356
The terms of the Agreement may be modified or amended by the KM MOTOR CARS from time to time. In such event, we will provide notice to you in accordance with applicable law, which may be accomplished by posting such change on our website. Any use of Online PayTrace after we provide you with a notice of change will constitute your agreement to such change(s).
You may not assign this Agreement to any other party.
This Agreement shall be governed by the law of the State of California without regard to its conflicts of laws provisions and any action or lawsuit related to this Agreement will be adjudicated in a court of competent jurisdiction in the County of Stanislaus. Prior to filing any action or lawsuit related in any way to this Agreement, you must comply with the provisions of the Tort Claims Act (Government Code Section 900 et seq.).
By accepting below or otherwise using Online PayTrace, you also agree that any and all disclosures and communications regarding Online PayTrace between you and the KM MOTOR CARS, including this Agreement, may be made electronically, including by the KM MOTOR CARS posting to its website in accordance with applicable law. Any electronic disclosure or communication the KM MOTOR CARS makes will be considered made when transmitted by the KM MOTOR CARS.
Payments made in excess of the total bill amount will show as a credit on the customer's next bill. Questions concerning refunds of erroneous payments may be addressed in writing to the Customer Service Department. If approved, the refund will be made in the form of a check made payable to the name on your account. The refund process may take up to 30 days.