1. Scope
These terms of use ("Terms of Use") apply to the use of Kia UVO and Kia Live via the vehicle's head unit ("Services") provided by Kia UVO Connected GmbH, registered under the registration number HRB 112541, Theodor-Heuss-Allee 11, 60486 Frankfurt am Main, phone: +44 333 202 299 0, email: info@kia-uvo.eu ("Kia"; "we"; "us"; "our") to the user of the Services ("User" or "You").
If you have any questions about or in connection with this Terms of Use, you may contact our customer call centre:
Kia UVO Connected GmbH
Email: info@kia-uvo.eu
Ordinary mail: Theodor-Heuss-Allee 11, 60486 Frankfurt am Main
Phone: +44 333 202 299 0
2. Use of the Services
2.1. To use the Services the User does not need to sign up. For information regarding the related data collected and the processing thereof please refer to our Privacy Notice - Head Unit.
2.2. The purchase agreement on the vehicle and the agreement concerning the provision of the Services in accordance with the Terms of Use are legally separate business transactions and agreements. The performance of one of the agreements shall have no implications on the respective other agreement. In certain circumstances, this may result in the User fulfilling the purchase agreement on the vehicle without being able to use the Services. In the opposite case, e.g. in the case of reverse transaction of the purchase agreement for the vehicle, the agreement for the provision of the Services for the vehicle concerned may be terminated according to section 9.4.
2.3. All agreements between Kia and the User are concluded in the local language version and English language. After the conclusion of the respective agreement the text of the agreement will be provided to the User and is then stored by us but will no longer be accessible to the User, except upon request of the User.
3. Services
3.1. The Services comprise the following individual services which are described in more detail in the service descriptions of the respective service and which are hereby incorporated into these Terms of Use:
a) Kia Live
Kia Live enables the User to access the following functions:
• Traffic: Live traffic information to calculate routes and display traffic situation; Online Navigation enables the User to navigate to their desired destination based on the combination of real-time traffic data and historical traffic information.
• Live point of interest (POI): Information on nearby POI based on current position;
• Weather: Local weather information;
• Parking: On and Off Street parking information based on current position, nearby destination, nearby scrolled mark, nearby city center;
• EV POI (only for electric vehicles and plug-in hybrid electric vehicles): Information on nearby charging stations including availability status based on current position;
• Dealer POI: Kia dealer location information based on nearby current position; and
• Camera/danger zone alerts (if legally permissible in your country): The system provides alerts in areas where accidents are particularly common and warns You about accident black spots or speed cameras.
b) Online Voice Recognition
Online Voice Recognition enables the User to use spoken commands to access and control the Services and draft and send text messages via a connected mobile device. Online Voice Recognition is operated in an online environment. Voice samples and GPS data of the User will be collected and stored in order to perform and improve the Online Voice Recognition service.
3.2. Some of the Services are provided with the help of subcontractors.
3.3. The following Services require the collection and processing of location data (GPS data): Kia Live and Online Voice Recognition. Without the collection and processing of location data the respective Service(s) cannot be provided/used.
3.4. We will further analyse and improve the Services to develop new mobility and mobility related products and/or services, to secure our products and/or to improve our services. For these purposes, we automatically analyse the data based on statistical and mathematical models to identify potential for improvements.
4. Copyright
4.1. The entire content of the Services is the property of Kia, its direct or indirect subsidiaries or affiliated companies (hereinafter referred to collectively as "Kia Group") or third parties and is protected by applicable copyright law with all rights reserved. All rights in the Services, the underlying software, the content and arrangement are owned by Kia Group and its licensors. You must not sell, distribute, publish, broadcast, circulate or commercially exploit the Services in any manner without our express written consent. You may not reproduce (in whole or part), transmit (by electronic means or otherwise), modify, display, redeliver, license, link or otherwise use the Services for any public or commercial purpose without our prior permission.
4.2. Nothing in these Terms of Use shall be construed as granting a licence or right to use any image, trade mark, service mark or logo, all of which are the property of Kia Group. Kia Group reserves all rights with respect to its proprietary information or material in connection with the Services and will enforce such rights to the full extent of applicable copyright and trade mark law.
5. User Obligations
5.1. You are obligated to comply with applicable law and respect the rights of third parties when using the Services.
5.2. In addition, You must not misuse the Services and abide by the obligations set out as follows:
a) You must not use the SIM card used for the provision of the Services: (a) for the transmission of voice (including VOIP); (b) to access a publicly addressable destination (i.e. public IP address) including through the use of a proxy, gateway or routing; (c) in any way that attempts to penetrate security measures whether or not the intrusion results in the corruption or loss of data; (d) in any way that uses the Services or software related to internet relay chat, peer to peer file sharing, bit torrent, or proxy server network; (e) in a way that involves spamming, the sending of bulk unsolicited emails or commercial messages or maintaining an open SMTP relay; or (f) in any way that causes the network to be impaired.
b) You must not publish any results of any benchmark or performance tests of the SIM card, the network, the Services, or component thereof to any third parties.
c) To the extent You use the SIM card for the provision of the Services, we need to inform You about the following: The 4G/LTE services (provided by an external service provider) are only available on compatible devices (i.e. the head unit) which support the particular 4G/LTE frequency of the specific roaming network. Where 4G/LTE services cannot be provided, 2G or 3G services will be provided subject to the availability of, and compatibility of the head unit with, such networks.
6. Free Services
The Services are provided free of charge for a period of 7 years commencing on the day the vehicle is sold to the first owner of the vehicle, i.e. the point in time the initial purchase agreement becomes effective. We reserve the right to propose additional services in the future subject to separate terms of use.
7. Uptime
7.1. We reserve the right to temporarily or permanently deactivate access to the Services in whole or in part for technical and security reasons (e.g. in the event of gaps in security) and other important reasons.
7.2. The provision and use of the Services may be subject to restrictions with regard to the current state of the art beyond the scope of our control. This relates in particular to the availability of the data connections provided by carriers. In individual cases, the non-availability of the network can lead to the Services not being available as the necessary data transfer cannot occur. In addition, short-term capacity bottlenecks can arise from peak loads on the Services, wireless and fixed networks and on the Internet.
7.3. Disruptions can also arise due to force majeure, including pandemic and epidemic diseases, strikes, lockouts and official orders, and on account of technical and other measures (e.g. repairs, maintenance, software updates, and extensions) necessary on our systems or those of downstream or upstream providers, content providers and network operators, which are necessary for the proper or improved performance of the Services.
7.4. Where access to the Services is deactivated, restricted or disrupted as described in this Section 7, to the extent possible we will contact you in advance to inform you of this and give a reason for the deactivation, restriction or disruption.
8. Data Protection
8.1. For information on how we collect and process personal data in connection with the provision of the Services please refer to our Privacy Notice - Head Unit.
8.2. The User shall inform any other user/driver of the vehicle that the Services are activated. The User shall in particular inform such other user/driver about the data processing activities described in the Privacy Notice - Head Unit and the fact that the Services require the collection and processing of location data (GPS data).
9. Term, Termination
9.1. The right to use the Services commences on the day the vehicle is sold to the first owner of the vehicle, i.e. the point in time the initial purchase agreement becomes effective, and automatically expires after 7 years.
9.2. The agreement concerning the provision of the Services and thereby the right to use the Services can be terminated by You at any time with 6 weeks’ notice, to the end of a calendar quarter.
9.3. Either party's right to terminate for good cause remains unaffected.
9.4. Furthermore, in the event of the reversal of the purchase agreement for a vehicle, the reacquisition or other withdrawal of the vehicle by the relevant dealer, in the event of the termination of a leasing agreement, in case of sale of the vehicle to a third party, in case of theft, as well as in the event of total damage beyond repair, each party shall be entitled to the termination of the Services with regard to the vehicle concerned. The termination shall become valid as soon as one party receives the notice of termination. In case of sale or transfer of possession of the vehicle to a third party, the User shall delete the data stored in the vehicle.
9.5. We reserve the right to temporarily or permanently block and/or revoke the use of the Services in case of material breach of these Terms of Use and, in case of material breach by the User of these Terms of Use, to terminate the contract.
10. Changes to the Terms of Use
10.1. Kia reserves the right to make reasonable changes to the Terms of Use and/or to the Services. The User will be notified by us about any changes to these Terms of Use and/or the Services. If the User does not reject to those changes in text form (e.g. email, fax) within 4 weeks after receipt of the notification, the changes are deemed to be agreed. We will expressly notify the User about the right to reject and the consequences of being silent.
10.2. If the User rejects, we reserve the right to terminate any right to use the affected Service(s) with 6 weeks’ notice, to the end of a calendar quarter.
11. Miscellaneous
11.1. These Terms of Use are the entire agreement of the parties with respect to the subject matter of the use of the Services and supersedes all prior agreements, written or oral, between the parties with respect to the subject matter.
11.2. Deviating, conflicting or supplementing terms and conditions of the User shall only govern the use of the Services if explicitly accepted by us in writing.
11.3. Any amendments and additions to the Terms of Use as well as notifications necessary for their execution require text form (including email, fax) to be effective. The text form requirement can only be overruled in text form.
11.4. We are entitled to assign our rights and duties under this agreement either in full or in part to another service provider by providing 6 weeks’ notice to the User. In this case, however, the User shall be entitled to terminate the agreement within one month after receipt of the written notification effective at the time of the intended assignment of the agreement to the company which is taking over the place of Kia in the agreement. We shall expressly inform the User of this right of termination in the written notification. For the avoidance of doubt, this right is without prejudice to your right to terminate the Terms of Use and thereby the right to use the Services at any time upon 6 weeks’ notice as stipulated in Section 9.2.
12. Customer Service / Complaints
12.1. Users may use the contact details set out in Section 1 above in case of questions or complaints.
12.2. The European Commission provides a website for online dispute resolution, dedicated to helping consumers and traders resolve their disputes out-of-court, available at http://ec.europa.eu/consumers/odr/. Kia does not and is not obligated to participate in alternative dispute resolution procedures before an alternative dispute resolution entity for consumers.
13. No right of withdrawal
The User does not have a right of withdrawal. This applies even in case the User is a consumer, because the Services are provided free of charge.
14. Liability
The following liability applies to You as per country in which You have your habitual residence.
| Austria
|
Kia shall not be subject to any liability other than (1) liability for gross negligence or intent and (2) liability for culpably caused bodily harm or death.
|
| Belgium
|
14.1 To the fullest extent permitted by applicable law, Kia’s contractual and extra-contractual liability shall, irrespective of its legal ground (whether on warranty, contract, tort, negligence or otherwise, including for latent/hidden defects), for losses and damages arising out of or in connection with the provision of the Services or any delay or interruption in the provision of the Services, be limited as follows:
(i) Kia shall be liable up to the amount of foreseeable damages typical for this type of contract due to a breach of material contractual obligations;
(ii) Kia shall not be liable due to a breach of any non-material contractual obligations nor for any slightly negligent breach of any other duty of care applicable; and
(iii) Kia shall not be liable for any special, indirect or consequential damages, including, but not limited to, loss of use, of data, of profits, of savings, of opportunity, of goodwill, as well as for third parties claims (even if Kia has been advised of the possibility of such damage) .
14.2 The aforesaid limitations of liability do not apply to (i) any mandatory statutory liability (such as liability for defective products), (ii) liability for personal injuries or death caused by any act or omission of Kia, (iii) any liability for fraud or gross negligence, or (iv) any other liability which cannot be limited or excluded by law. In addition, such limitations of liability shall not apply if and to the extent Kia has assumed a specific guarantee.
|
| Czech Republic
|
14.1 Kia's contractual and statutory liability for damages caused by slight negligence shall, irrespective of its legal ground, be limited as follows:
a) Kia shall be liable up to the amount of the foreseeable damages typical for this type of agreement due to a breach of contractual obligations;
b) Kia shall not be liable for any indirect damage which may result from the use of the Services.
14.2. The aforesaid limitations of liability shall not apply to mandatory statutory liability, in particular to liability for gross negligence or wilful misconduct, harm caused to the natural rights of an individual or to liability for defective products. In addition, such limitations of liability shall not apply with respect to weaker parties in the meaning of Section 433 (2) of the Czech Civil Code and if and to the extent Kia has assumed a specific guarantee.
14.3. Sections 14.1 and 14.2 apply accordingly for Kia's liability for wasted expenditures.
14.4. The User is obliged to take reasonable efforts for the prevention and minimization of damages.
|
| France
|
14.1. Kia's contractual liability for damages caused by slight negligence shall be limited as follows:
a) Kia shall be liable up to the amount of the foreseeable damages typical for this type of agreement due to a breach of contractual obligations;
b) Kia shall not be liable for any indirect damage which may result from the use of the Services;
c) Kia shall not be liable for any damage caused by a force majeure event (i.e. an event beyond Kia's control and which could not reasonably have been foreseen at the time of conclusion).
14.2. The aforesaid limitations of liability shall not apply to any mandatory statutory liability, in particular to liability for gross negligence and/or wilful misconduct, liability for defective products, and liability for personal injuries. In addition, such limitations of liability shall not apply if and to the extent Kia has assumed a specific guarantee.
14.3. Sections 14.1 and 14.2 apply accordingly for Kia's liability for wasted expenditures.
|
| Germany
|
14.1. Kia's contractual and statutory liability for damages caused by slight negligence shall, irrespective of its legal ground, be limited as follows:
a) Kia shall be liable up to the amount of the foreseeable damages typical for this type of agreement due to a breach of material contractual obligations;
b) Kia shall not be liable for the slightly negligent breach of any other applicable duty of care.
14.2. The aforesaid limitations of liability shall not apply to any mandatory statutory liability, in particular to liability for the wilful misconduct, liability under the German Product Liability Act (Produkthaftungsgesetz), and liability for culpably caused personal injuries. In addition, such limitations of liability shall not apply if and to the extent Kia has assumed a specific guarantee.
14.3. Sections 14.1 and 14.2 apply accordingly for Kia's liability for wasted expenditures.
14.4. The User is obliged to take reasonable efforts for the prevention and minimization of damages.
|
| Hungary
|
14.1 To the fullest extent permitted by applicable law, Kia’s contractual and extra-contractual liability shall, irrespective of its legal ground (whether on warranty, contract, tort, negligence or otherwise, including for latent/hidden defects), for losses and damages arising out of or in connection with the provision of the Services or any delay or interruption in the provision of the Services, be limited as follows:
(i) Kia shall be liable up to the amount of foreseeable damages typical for this type of contract due to a breach of material contractual obligations;
(ii) Kia shall not be liable due to a breach of any non-material contractual obligations nor for any slightly negligent breach of any other duty of care applicable; and
(iii) Kia shall not be liable for any special, indirect or consequential damages, including, but not limited to, loss of use, of data, of profits, of savings, of opportunity, of goodwill, as well as for third parties claims (even if Kia has been advised of the possibility of such damage) .
14.2 The aforesaid limitations of liability shall not apply if and to the extent Kia has assumed a specific guarantee. Nothing in these Terms of Use will limit or exclude Kia's liability for (i) death or personal injury resulting from Kia's negligence or the negligence of Kia employees or agents; (ii) wilful misconduct; (iii) breach of obligations deriving from public order rules; and (iv) any other case where Kia's liability may not be limited or excluded under applicable law.
|
| Italy
|
14.1. Kia's liability for damages caused by slight negligence shall be limited as follows:
a) Kia shall be liable up to the amount of the foreseeable damages typical for this type of contract due to a breach of material contractual obligations;
b) Kia shall not be liable for the slightly negligent breach of any other applicable duty of care.
14.2. The aforesaid limitations of liability shall not apply if and to the extent Kia has assumed a specific guarantee. Nothing in these Terms of Use will limit or exclude Kia's liability for (i) death or personal injury resulting from Kia's negligence or the negligence of Kia employees or agents; (ii) gross negligence or wilful misconduct; (iii) breach of obligations deriving from public order rules; and (iv) any other case where Kia's liability may not be limited or excluded under applicable law.
14.3. Sections 14.1 and 14.2 apply accordingly for Kia's liability for wasted expenditures.
14.4. The User is obliged to take reasonable efforts for the prevention and minimization of damages.
|
| The Netherlands
|
14.1. To the extent permitted under applicable mandatory law, Kia shall not be liable on any ground whatsoever for any damage arising from or in connection with the agreement for the provision of Services or the Services themselves. The foregoing shall not apply in case any liability results from gross negligence or wilful misconduct of Kia's executive management.
14.2. The User is obliged to take reasonable efforts for the prevention and minimization of damages.
|
| Norway
|
14.1. Kia's contractual and statutory liability for damages caused by slight negligence shall, irrespective of its legal ground, be limited as follows:
a) Kia shall be liable up to the amount of the foreseeable damages typical for this type of contract due to a breach of material contractual obligations;
b) Kia shall not be liable for the slightly negligent breach of any other applicable duty of care;
c) Kia's liability shall be limited to NOK 5,000 per occurrence.
14.2. The aforesaid limitations of liability shall not apply to any mandatory statutory liability, including liability under the Norwegian Product Liability Act. In addition, such limitations of liability shall not apply if and to the extent Kia has assumed a specific guarantee.
|
| Poland
|
14.1 Kia shall not be liable for actual loss and and/or loss of profits, unless it is caused by Kia wilful misconduct.
14.2 The aforesaid limitations of liability shall not apply to any mandatory statutory liability, in particular to liability for the wilful misconduct, liability under the Polish Product Liability Act (Ustawa z dnia 12 grudnia 2003 r. o ogólnym bezpieczeństwie produktów), liability regarding dangerous product under Polish Civil Code (Ustawa z dnia 23 kwietnia 1964 r. Kodeks Cywilny) and liability for culpably caused personal injuries.
|
| Republic of Ireland
|
14.1. Kia is responsible to You for foreseeable loss and damage caused by Kia. If Kia fails to comply with these Terms of Use, Kia shall be responsible for loss or damage You suffer that is a foreseeable result of Kia breaking this contract or our failing to use reasonable care and skill, but we are not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if either it is obvious that it will happen or if, at the time the contract was made, both we and You knew it might happen.
14.2. Kia does not exclude or limit in any way its liability to You where it would be unlawful to do so. This includes liability: for death or personal injury caused by Kia's negligence or the negligence of its employees, agents or subcontractors or for fraud or fraudulent misrepresentation.
14.3. Kia is not liable for business losses. We only supply the Services for private use. If you use the products for any commercial, business or re-sale purpose Kia will have no liability to You for any loss
of profit, loss of business, business interruption, or loss of business opportunity.
|
| Slovakia
|
14.1. To the extent permitted by the applicable Slovak laws, Kia's contractual and statutory liability for damages (in particular, actual losses and loss of profit) shall, irrespective of its legal ground, be limited. Kia shall be liable for damages only up to the amount of the damages Kia foresaw, or which Kia could have foreseen as a possible result of the breach of Kia’s obligation, at the time of the execution of thecontract, taking into account all the facts Kia knew or should have known by exercising due care.
14.2. The aforesaid limitations of liability shall not apply to any mandatory statutory liability. In addition, such limitations of liability shall not apply if and to the extent Kia has assumed a specific guarantee.
14.3. The User is obliged to take reasonable efforts for the prevention and minimization of damages.
|
| Spain
|
14.1. Kia does not limit its mandatory statutory liability, including but not limited to liability for the wilful misconduct and liability for culpably caused personal injuries.
14.2. Section 14.1 apply accordingly for Kia's liability for wasted expenditures.
|
| Sweden
|
14.1. Kia shall not be liable for direct or indirect loss or damage, unless Kia has caused the loss or damage by wilful misconduct or gross negligence.
14.2. The aforesaid limitations of liability shall not apply to any mandatory statutory liability, in particular to liability for the wilful misconduct, liability under the Swedish Product Liability Act (Produktansvarslagen), and liability for culpably caused personal injuries. In addition, such limitations of liability shall not apply if and to the extent Kia has assumed a specific guarantee.
14.3. Sections 14.1 and 14.2 apply accordingly for Kia's liability for wasted expenditures.
14.4. The User is obliged to take reasonable efforts for the prevention and minimization of damages.
|
| UK
|
14.1. Kia is responsible to You for foreseeable loss and damage caused by Kia. If Kia fails to comply with these Terms of Use, Kia shall be responsible for loss or damage You suffer that is a foreseeable result of Kia breaking this contract or our failing to use reasonable care and skill, but we are not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if either it is obvious that it will happen or if, at the time the contract was made, both we and You knew it might happen.
14.2. Kia does not exclude or limit in any way its liability to You where it would be unlawful to do so. This includes liability for death or personal injury caused by Kia's negligence or the negligence of its employees, agents or subcontractors; for fraud or fraudulent misrepresentation; for breach of your legal rights in relation to the Services including the right to receive Services which are supplied with reasonable skill and care.
14.3. Kia is not liable for business losses. We only supply the Services for private use. If you use the products for any commercial, business or re-sale purpose Kia will have no liability to You for any loss of profit, loss of business, business interruption, or loss of business opportunity.
|
15. Local Law Amendments
The below table contains specific local law amendments as per country in which You have your habitual residence.
| Belgium
|
4.1 last sentence will be amended as follows:
Without prejudice to mandatory rights under applicable law, you may not reproduce (in whole or part), transmit (by electronic means or otherwise), modify, display, redeliver, license, link or otherwise use the Services for any public or commercial purpose without our prior permission.
11.4 paragraph 1 will be amended as follows:
We are entitled to assign our rights and duties under this agreement either in full or in part to another service provider by providing 6 weeks’ notice to the User, and this, without your approval provided that this assignment does not reduce your guarantees as a consumer.
13. will be amended as follows:
The User expressly agrees that the execution of the contract begins, with his approval, as of the day on which he/she accepts the present Terms of Use and therefore recognizes that he loses his right of withdrawal, in accordance with Article VI.53,13° of the Belgian economic Law Code.
|
| Czech Republic
|
12.2 will be deleted and replaced as follows:
If You are a consumer, apart from lodging a claim before Czech courts or in other jurisdiction, if permitted by applicable laws, You are also entitled to alternative resolution of a consumer dispute arising out of or in connection with the agreement governed by these Terms of Use to an approved alternative dispute resolution body. You can find the current list of the approved alternative dispute resolution bodies as well as further information on the applicable ADR procedure on the website of the Czech Trade Inspection Authority: https://www.adr.coi.cz.
You may also submit a complaint online to an ADR via the online dispute resolution (ODR) platform available here: http://ec.europa.eu/consumers/odr/.
13. will be deleted and replaced as follows:
The User acknowledges and expressly agrees that the execution of the agreement concerning the provision of the Services begins, with his/her approval, as of the day on which the User accepts the present Terms of Use and therefore recognizes that he/she loses the right of withdrawal, in accordance with Section 1837 (l) of the Czech Civil Code.
|
| Hungary
|
This Terms of Use is concluded in electronic form. The Terms of Use will be concluded upon activation of the Services with the "I AGREE" button. The Terms of Use is not considered to be made in writing and you will be able to store it and access and reproduce the Terms of Use on your data carrier or electronic medium. We will provide the technical means for identifying and correcting input errors by electronic processing before making any legally binding statement.
Section 12.2 does not apply to you if you are a consumer.
|
| Netherlands
|
10.1 will be supplemented as follows:
Kia reserves the right to make reasonable changes to the Terms of Use and/or to the Services. The User will be notified by us about any changes to these Terms of Use and/or to the Services. Any such change will take effect 6 weeks after receipt of the notification thereon by the User
|
| Poland
|
13. will be amended as follows:
The User does not have a right of withdrawal. This applies even in case the User is a consumer, as the use of the Services consists in the supply of digital content not recorded on a durable medium by Kia to the User. If You are a consumer, You acknowledge and agree that by using the Services You consent to immediate start of performance by Kia and You do not have the right of withdrawal.
|
v29-04-20
