Terms and Conditions for Managing your Account using SMS Text Messaging
If you decide to manage your account using SMS text messaging (the “Service”), the following terms and conditions apply. By using the Service, you agree to be bound by all of the terms and conditions set forth herein. If you do not wish to be bound by these terms and conditions, you may not access or use the Service. The Kansas City Power & Light Company and its affiliated companies (collectively “KCP&L”) may modify these terms and conditions at any time without notice and such modifications shall be deemed effective immediately upon posting of the modified terms. KCP&L may also discontinue the Service at any time without notice..
- You agree that KCP&L may send messages through your communications service provider in order to deliver them to you and that your communications service provider is acting as your agent in this capacity. You agree to provide a valid mobile phone number capable of receiving text messages.
- The Service is provided for your convenience and does not replace your monthly account statement(s), which are the official record of your accounts. You understand and agree that the Service may not be encrypted and may include personal or confidential information about you, such as your account activity or the status of your account(s). Messages may be delayed or impacted by factors pertaining to your communications service provider or other parties. KCP&L will not be liable for any disclosure of account information to third parties, non-delivery, delayed delivery or mishandling of, or inaccurate content in, the messages sent through the Service.
- There are no additional fees charged by KCP&L for using SMS text messaging. However, you are responsible for any and all charges associated with text messaging imposed by your communications service provider. Messaging and data rates may apply. In addition, if you pay your bill electronically through your financial institution, you may incur charges from your financial institution in order to make electronic payments. Such charges are solely your responsibility. If you do arrange for electronic payment through another company or financial institution, you will be subject to those companies' terms and conditions and you agree that KCP&L will not be responsible or liable for any loss or damage caused or created by those companies.
- Lawful Use. You agree not to use the Service for any unlawful or abusive purpose, or in any way that interferes with our ability to provide the Service or any other service to our customers, or in any way which damages our property, or the property of others. You are solely responsible for all content you transmit through the Service.
- Fraudulent Use. You must prevent unauthorized persons from accessing your account information through your mobile device, as you acknowledge that KCP&L cannot verify the identity of persons using the Service. Should you allow others access to your account information, you will be responsible for all actions that such persons might take with respect to your account. If you suspect that your account has been fraudulently used or otherwise compromised, you must immediately notify KCP&L.
- Indemnification. You agree to indemnify, defend and hold KCP&L, its affiliates, officers, directors, employees, agents, shareholders, licensors, suppliers and any third party information providers for the Service from and against all losses, expenses, damages and costs, including reasonable attorneys' fees, resulting from any violation of these terms and conditions by you. The provisions of this paragraph are for the benefit of KCP&L and its affiliates, officers, directors, employees, agents, shareholders, licensors and suppliers of the Service. Each of these individuals or entities shall have the right to assert and enforce these provisions directly against you on its own behalf.
- Warranties disclaimed. You assume total responsibility and risk for your use of the Service. The Service is provided "as is". KCP&L DOES NOT MAKE ANY EXPRESS OR IMPLIED WARRANTIES, REPRESENTATIONS OR ENDORSEMENTS WHATSOVER (INCLUDING WITHOUT LIMITATION WARRANTIES OF TITLE OF NONINFRINGEMENT OR THE IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE) WITH REGARD TO THE SERVICE, ANY TRANSACTION PERFORMED THROUGH THE SERVICE OR ON THE INTERNET GENERALLY. KCP&L makes no warranty that the Service will be uninterrupted or error free or will meet your requirements for quality, security, or otherwise. In the event that information is sent or made available over the Internet, you also understand that KCP&L cannot and does not guarantee or warrant that files available for downloading through the Service will be free of infection or viruses, worms, Trojan horses or other code that manifest contaminating or destructive properties. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for accuracy of data input and output, and for maintaining a means external to the Service for the reconstruction of any lost data.
- Limitation of liability. KCP&L shall not be liable for any costs or damages arising either directly or indirectly from any transaction related to the service. In no event shall KCP&L be liable for any incidental, consequential, or indirect damages (including, but not limited to damages for loss of profits, business interruption, loss of programs or information, and the like) arising out of the use of or inability to use the Service, or any transactions provided on the Service, even if KCP&L or its unauthorized representatives have been advised of the possibility of such damages.
- Governing Law. This Agreement shall be governed and construed in accordance with the laws of the State of Missouri.
- Waiver. KCP&L’s failure to insist upon or enforce strict performance of any provision of this Agreement shall not be construed as a waiver of any provision or right. Neither the course of conduct between the parties nor trade practice shall act to modify any provision of these terms and conditions.