Terms & Conditions

(I) Introduction

Please read these Terms and Conditions of Use ("Terms of Use") carefully before initiating an online transaction with The New York State Insurance Fund (“NYSIF”) through either its website or its mobile applications (collectively, “NYSIF’s online products”) . A “transaction” as used in the Terms of Use may include, but is not limited to, accessing claim information and communicating with a NYSIF claim manager. Please note that the Claimant Mobile Application specifically can provide information including but not limited to: general claim information, payment information, information on upcoming hearings and independent medical exams, and the ability to link all open NYSIF claims to one user account. Your use of NYSIF’s online products for any and all transactions is expressly conditioned on your acceptance of these Terms of Use and the conditions set forth in the NYSIF Internet Privacy Policy (“Privacy Policy”). Additionally, the terms of the Privacy Policy are expressly incorporated by reference herein. If you do not agree with any part of the Terms of Use or Privacy Policy, you must not attempt a transaction through NYSIF’s online products. Should you not wish to use NYSIF’s online products, NYSIF continues to provide core services through other conventional methods, such as by phone. NYSIF reserves the right to modify the Terms of Use and Privacy Policy at any time. Continued use of this NYSIF’s online products by you will constitute your acceptance of any revisions to the Terms of Use and the Privacy Policy.

Use of Third Party Products: Your use of third party products affiliated with NYSIF through this website is subject to any additional terms, conditions, and policies applicable to such third party products (such as terms of service or privacy policies of the providers of such third party products).

Terms and Conditions for Automatic Recurring Payments to NYSIF through KUBRA

General
Please note that the language herein referring specifically to KUBRA does not apply to the Claimant Mobile Application. Please read the following Terms and Conditions of Use (“Terms and Conditions”) carefully. By using this service, or permitting any other person or other entity to use this service on your behalf, you the New York State Insurance Fund Policyholder (hereafter “You or “Your”) acknowledge that you have read these terms and conditions and that you accept and will be bound by the terms thereof, as they may be modified by us from time to time, as posted on this web site. When such a modification is made, we will post a revised version of the terms and conditions on this web site. Changes will be effective when they are posted. We are not required to provide you with notification that any such change has been made. It is your responsibility to review these terms and conditions from time to time to be aware of any such change. Your continued use of the service will indicate your agreement to any such change. We reserve the right to add to, remove, change or terminate access to any of the content or functions of the service without giving specific notice to you. If you do not agree to the terms and conditions, you may not use this service. Access to this service is restricted to those persons who have a valid user ID and password and who have accepted these terms and conditions. Access or attempted access by unauthorized individuals may be subject to prosecution. Any use of the service is at the sole risk of the user.

Services
You are enrolling for scheduled automatic payments to the New York State Insurance Fund on a recurring basis through the electronic check (E-check) payment and processing service provided by Kubra through an internet interface over the web. Your use of this payment and processing service by Kubra is subject to any additional terms, conditions, and policies of Kubra.

You authorize Kubra to send email notifications and communications to you regarding your account(s). You may choose to opt-out of such email communications. You may also choose to utilize text message communication by opting-in on the webpage.

Kubra may charge a service fee to use this service to make the payment outlined above. This fee is separate from the primary obligation you are paying to NYSIF. If you choose to enroll in AutoPay and consent to the Terms and Conditions, you are authorizing NYSIF to initiate an electronic debit to your checking/savings account or credit/debit card as you have provided for each time a new bill is issued.

Completion of a payment transaction is contingent upon both the authorization of payment and NYSIF’s acceptance of your payment. In the event that your payment is unable to be processed, Kubra will attempt to notify you at least once using the contact information you have provided. In the event your payment is not processed or authorized by your financial institution or NYSIF fails to accept your payment, your payment liability shall remain outstanding and unpaid and you will be subject to all applicable penalties, late fees, and interest charges assessed by the relevant entity thereon, all of which obligations remain your sole responsibility if for any reason your payment to NYSIF is not completed.

In order to use the Kubra service, you are required to complete the enrollment process by providing Kubra with current, complete, and accurate information as prompted by the applicable enrollment form provided on the enrollment screen. By completing the enrollment form, and clicking the "I Agree" button, you authorize NYSIF to display your statement and payment information on a secured Internet site. You are responsible for keeping your correct and current email address information in your customer profile. You are entirely responsible for maintaining the confidentiality of your password, banking information, financial information or NYSIF account information.

You are entirely responsible for any and all activities that occur under your NYSIF account. You agree to notify NYSIF immediately upon your discovery of unauthorized use of your account and any other breach of security. NYSIF will not be responsible for any loss you may incur as a result of someone else misusing your password, banking information, financial information of NYSIF account information either with or without your permission.

You could be held liable for losses incurred by NYSIF or another party due to someone else using your password. You may not use anyone else's account at any time without the permission of the account holder.

Your Responsibility
You are responsible for all transfers and bill payments you authorize using the service. If you permit other persons, or other entities, to use the service by providing your login information, you are responsible for any transactions they authorize from your stored payment accounts. You should notify us immediately if you believe any of your accounts have been accessed or your login information has been taken or used without your permission.

It is possible your premium may change during the term of your policy. You are responsible to ensure the amount of your recurring payment is the amount owed to NYSIF. You remain responsible for the full amount due each payment period.

Your failure to have sufficient funds available in the designated bank account will constitute nonpayment of premium and may result in your policy being placed into non-payment cancellation, subject to compliance with applicable state law.

These Terms and Conditions only apply to your enrollment in the Automatic Recurring Payment program with Kubra, and all other agreements and terms and conditions that constitute a fully executed NYSIF’s workers’ compensation policy still apply.

Disclaimer of Warranty
The online transaction process is provided "as is" and without representations or warranties of any kind, either expressed or implied. NYSIF expressly disclaims all warranties, expressed or implied, with respect to any services offered through this website, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose and non-infringement. NYSIF does not warrant or represent that the functions or operation of its website will be uninterrupted or error-free, that defects will be corrected, or that this site, its servers or any e-mail messages are free of viruses or other harmful components.

Disclaimer of Legal and Business Advice
The information contained in these Terms and Conditions should not be construed in any way as giving business, legal, or other advice.

Disclaimer of Fail Proof Information Security
No data transmission or storage system can be guaranteed one hundred percent secure, and NYSIF and Kubra recognizes the possibility of human and/or mechanical error. Therefore, the information contained in these Terms and Conditions should not be construed in any way as warranting, as fail proof, the security of information provided through this website.

Third Party Disclaimer
Kubra’s website privacy, accessibility, copyright and security policies, if any, may differ from NYSIF. NYSIF does not possess or exercise any control or endorse the content, opinions, accuracy, policies, products, or services of the Kubra website. Kubra is solely responsible for the content and performance of their websites and should be contacted directly with any questions.

Limitation of Liability & Indemnification of NYSIF
NYSIF shall not be liable for any injury, loss, claim, or damage, nor any indirect, special, incidental or consequential damages of any kind, whether based in contract, tort, strict liability or otherwise, which arises out of:

the use of, or inability to use, this site unless resulting from the gross negligence or intentional actions of NYSIF.
the unauthorized access to or alteration of your transmissions, data, policy or account, even if NYSIF has been advised of the possibility of such damages.
any act or omission of any third-party including, but not limited to, financial institutions, payment systems, credit card service providers, providers of telecommunication services, electrical utilities, internet access providers, software providers, computer equipment providers, or any force majeure or other circumstances beyond NYSIF’s control.
damage to user’s computer, mobile device or peripheral equipment or software by any cause whatsoever including, but not limited to, the introduction of computer viruses or trojan horses.

Except to the extent prohibited under applicable law, you agree to defend, indemnify and hold harmless NYSIF from and against all claims, losses, costs and expenses (including attorneys’ fees) arising out of (a) your unauthorized use of, or activities in connection with, NYSIF.com; and (b) any violation or alleged violation of these Terms and Conditions or the NYSIF Internet Privacy Policy by you.

Jurisdiction/Enforceability
Use of this site for an online transaction with NYSIF shall be governed by and construed in accordance with the laws of the State of New York without giving effect to any principles of conflicts of laws. All actions at law arising outside of the jurisdiction of the New York Workers' Compensation Board shall be brought in the New York Court of Claims if such Court shall have jurisdiction. All other actions at law shall be brought in a court of competent jurisdiction of the State of New York with venue lying in New York County.

Waiver & Severability
You agree that if NYSIF does not exercise or enforce any legal right or remedy which is contained in these terms (or which NYSIF otherwise has under applicable law), such omission will not be taken to be a waiver of NYSIF’s rights and shall not be construed to be a modification of these Terms.

You agree that if any provision of these Terms and Conditions is found void or unenforceable, including without limitation the warranty disclaimers and liability limitations set forth above, this will not affect the validity of the balance of these Terms and Conditions, which shall remain valid and enforceable, and the invalid or unenforceable provision shall be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision.

It is a condition of your use of this website that all the information you provide on this website is correct, current, and complete. You may use this website only for lawful purposes and in accordance with these Terms and Conditions.

(II) New York Personal Privacy Act Notice to Natural Persons

The information requested in connection with an online transaction through the use of NYSIF’s online products will be maintained by NYSIF as a record. A portion of the information may additionally be transmitted from NYSIF to other governmental, regulatory and rating agencies as required to carry out NYSIF’s statutory mandate. The official responsible for maintenance of the information at The New York State Insurance Fund is listed in the NYSIF website Privacy Policy under "contact information."

(III) General Disclaimer

The information and descriptions contained for products and services available through online transactions are intended as general information and are not necessarily complete descriptions of all terms, exclusions and conditions applicable to the products and services offered by NYSIF. The insurance coverage afforded by NYSIF is subject for all purposes to the terms and conditions of the policies issued, the Workers' Compensation Law, Disability Benefits Law, Volunteer Firefighters' Benefits Law, Volunteer Ambulance Workers' Benefits Law, the New York Compensation Insurance Rating Board rules and other laws, rules, and regulations applicable to workers' compensation and disability insurance in the State of New York. Submission of any online transactional document, form or request through NYSIF’s online products does not necessarily constitute due completion of a required process. Some transactions require confirmation before a submission is deemed complete. Documents displayed on this NYSIF’s online products could contain technical inaccuracies or typographical errors. Applications, supplements or transactional documents of any kind that NYSIF determines have been altered or modified in any way may not be accepted.

Changes are made periodically to the laws, policies and rules governing the types of services that NYSIF makes available through NYSIF’s online products. These changes or corrections may not be incorporated in materials displayed on this website on a timely basis. In no event shall NYSIF be liable for any errors or omissions with respect to any information on this site utilized in connection with or as a predicate for an online transaction.

(IV) Personal Security Code Registration (Enhanced Security Login User Guide)

In order to process your online transactions through NYSIF’s online products, you must create a user account. Click on the "Login" link on NYSIF's web page and follow directions for registration. During the registration process you will establish a login name (User ID) and password, which you will use to gain access to the system. NYSIF ensures that your login name and password are unique. Security measures, such as confirmation of your e-mail address and multi-factor authentication procedures, are in place to ensure proper user validation and access. Use of your account in an unauthorized manner or unauthorized use of your account or User ID is strictly prohibited. In accessing the online transaction section of NYSIF’s online products and utilizing your User ID, you agree that:

NYSIF is entitled to act on instructions received under your User ID.
User will not attempt to gain access to user's account by any means other than as set forth herein, and will not manipulate the features of any software to provide access not intended by this agreement or alter applications or forms provided by NYSIF.
Neither user account, nor its employees, subcontractors, representatives or agents will adopt the representation of being a NYSIF employee or agent, use NYSIF content in its advertising or promotion, or otherwise attempt to commercially exploit its ability to enter online transactions with NYSIF.
NYSIF is not liable for any unauthorized access to your personal information that is not the direct result of gross negligence or intentional misconduct on the part of NYSIF.
You will keep your User ID confidential and you will notify NYSIF immediately, and cooperate with NYSIF, if you believe someone else has obtained your User ID or if any unauthorized access to your NYSIF account has occurred or may occur. Any unauthorized use of this account by anyone other than yourself as the individual claimant is prohibited. Note that this does not prohibit you from sharing relevant information contained herein with your attorney or medical professional.
NYSIF may block access to your account without prior notice if we believe your User ID is being used by someone other than you, if any unauthorized access to your personal information has occurred or may occur, or for other reasons solely within the discretion of NYSIF.
Issuance of a User ID by NYSIF does not guarantee that you will have access to your account at all times. NYSIF reserves the right to deny access for reasons of site maintenance, security, auditing, updating and as otherwise required, at its sole discretion at such times as it shall choose without prior notice.

(V) User-Provided Content

All communications and data forwarded or submitted to NYSIF by its contractors, subcontractors, and all others including users in connection with a service or other access agreement shall become the exclusive property of NYSIF and the sender shall have relinquished all proprietary and pecuniary rights thereto. Where any such communication or data is posted by NYSIF, NYSIF maintains the exclusive right to display, utilize, alter or discard such content as if it were generated and posted by NYSIF. User will be responsible for all statements made or materials posted under user’s account, including liability for harm caused by such statements or materials or usage. Any other posting of content anywhere on the NYSIF network, other than in connection with an online transaction or as provided for in a service agreement, is strictly prohibited.

(VI) Disclaimer of Warranty

The online transaction process facilitated through NYSIF’s online products is provided "as is" and without representations or warranties of any kind, either expressed or implied. NYSIF expressly disclaims all warranties, expressed or implied, with respect to any services offered through NYSIF’s online products, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose and non-infringement. NYSIF does not warrant or represent that the functions or operation of NYSIF’s online products will be uninterrupted or error-free, that defects will be corrected, or that NYSIF’s online products, its servers or any e-mail or message sent from NYSIF are free of viruses or other harmful components.

Disclaimer of Legal and Business Advice

The information contained in this policy should not be construed in any way as giving business, legal, or other advice.

Disclaimer of Fail Proof Information Security

While NYSIF endeavors to protect your personal information, no data transmission or storage system can be guaranteed one hundred percent secure, and NYSIF recognizes the possibility of human and/or mechanical error. Therefore, the information contained in this policy should not be construed in any way as warranting, as fail proof, the security of information provided through NYSIF’s online products.

Disclaimer of Express or Implied Warranties

The materials and information contained in NYSIF’s online products are provided “as is” and without any warranty of any kind, either expressed or implied, including, but not limited to, any implied warranties of merchantability or fitness for a particular purpose. NYSIF assumes no liability of any kind, whether in contract, tort, strict liability or any other type of liability, for damages of any kind incurred as a result of the use of NYSIF’s online products. NYSIF specifically denies any expressed or implied warranty in regard to any information supplied or obtained through, or as a result of use of NYSIF’s online products.

Information Disclaimer

NYSIF’s online products may provide you with information or means of obtaining information about workers’ compensation and disability benefits insurance or volunteer firefighters’ benefits and volunteer ambulance workers’ benefits insurance; or NYSIF may respond to your electronically communicated request for information. While all attempts are made to provide accurate, current and reliable information, NYSIF recognizes the possibility of human and/or mechanical error. Therefore, NYSIF, its employees, officers and agents make no representations as to the accuracy, completeness, currency, or suitability of the information so provided.

Links Disclaimer

In order to provide visitors with certain information, this website may provide links to local, state and federal government agencies, and websites of other organizations. A link does not constitute an endorsement of the content, viewpoint, accuracy, opinions, policies, products, services, or accessibility of that website by NYSIF. Once you link to another website from this website, including one maintained by the state, you are subject to the terms and conditions of that website, including, but not limited to, its privacy policy and security policy. Your destination website’s privacy, accessibility, copyright and security policies, if any, may differ from ours. External website owners are solely responsible for the content and performance of their websites and should be contacted directly with any questions.

In order to provide visitors with certain services, this website may redirect you to another website that NYSIF has contracted with to provide a service, after you click the appropriate link. Your destination website’s privacy, accessibility, copyright and security policies, if any, may differ from ours. NYSIF does not possess or exercise any control or endorse the content, opinions, accuracy, policies, products, or services of that website. External website owners are solely responsible for the content and performance of their websites and should be contacted directly with any questions.

(VII) Limitation of Liability & Indemnification of NYSIF

NYSIF shall not be liable for any injury, loss, claim, or damage, nor any indirect, special, incidental or consequential damages of any kind, whether based in contract, tort, strict liability or otherwise, which arises out of:

the use of, or inability to use, the online transactional or account management section of NYSIF’s online products unless resulting from the gross negligence or intentional actions of NYSIF.
the unauthorized access to or alteration of your transmissions, data, policy or account, even if NYSIF has been advised of the possibility of such damages.
any act or omission of any third-party including, but not limited to, financial institutions, payment systems, credit card service providers, providers of telecommunication services, electrical utilities, internet access providers, software providers, computer equipment providers, or any force majeure or other circumstances beyond NYSIF’s control.
damage to user’s computer, mobile device,peripheral equipment or software by any cause whatsoever including, but not limited to, the introduction of computer viruses or trojan horses.

Except to the extent prohibited under applicable law, you agree to defend, indemnify and hold harmless NYSIF from and against all claims, losses, costs and expenses (including attorneys’ fees) arising out of (a) your use of, or activities in connection with, NYSIF’s online products; and (b) any violation or alleged violation of these Terms and Conditions or the NYSIF Internet Privacy Policy by you.

(VIII) Copyright/Trademark

Except where otherwise indicated, all materials contained in NYSIF’s online products, including the applications for insurance, are the copyrighted property of The New York State Insurance Fund. The NYSIF logo, and all other service marks and the names of various products and service described within and offered by NYSIF are service marks of NYSIF. Permission is hereby granted to use, copy and distribute these materials as presented in this website and without alteration for non-commercial purposes only, provided that all copyright and other proprietary notices appear in all copies in the same manner as the original. All other uses are prohibited. Except as expressly provided herein, you shall not use any portion of this website, or any other intellectual property of NYSIF (including, but not limited to NYSIF service marks), on any other website, in the source code of any other website, or in any other printed or electronic materials. Except as expressly provided herein, you shall not modify, publish, reproduce, republish, create derivative works, copy, upload, post, transmit, distribute, or otherwise use any of this website's content or frame this website within any other website without our prior written permission.

(IX) Jurisdiction/Enforceability

Use of NYSIF’s online products for an online transaction shall be governed by and construed in accordance with the laws of the State of New York without giving effect to any principles of conflicts of laws. Any dispute concerning such transactions shall be subject to the exclusive jurisdiction of the Workers' Compensation Board. All actions at law arising outside of the jurisdiction of the Workers' Compensation Board shall be brought in the New York Court of Claims if such Court shall have jurisdiction. All other actions at law shall be brought in a court of competent jurisdiction of the State of New York with venue lying in New York County.

(X) Waiver & Severability

You agree that if NYSIF does not exercise or enforce any legal right or remedy which is contained in these terms (or which NYSIF otherwise has under applicable law), such omission will not be taken to be a waiver of NYSIF’s rights and shall not be construed to be a modification of these Terms.

You agree that if any provision of these Terms and Conditions of Use is found void or unenforceable, including without limitation the warranty disclaimers and liability limitations set forth above, this will not affect the validity of the balance of these Terms and Conditions of Use, which shall remain valid and enforceable, and the invalid or unenforceable provision shall be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision.

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