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Terms & Conditions of Online Booking

Linkable Table of Contents

  1. 1. Acceptance of Terms and Conditions
  2. 2. Definitions
  3. 3. Price of the Car
  4. 4. Booking of Car
  5. 5. Acceptance of Payment towards Booking
  6. 6. Acceptance of Booking by Dealer
  7. 7. Delivery of Kia Car
  8. 8. Cancellation and Refund
  9. 9. General Terms

1. Acceptance of Terms and Conditions

User (‘You/Your’) is requested to read these terms and conditions (“T&C”) carefully before accessing the online booking services available at http://www.kia.com/in (‘Website’) provided by Kia Motors India Private Ltd. (‘KMI/us/we/our’) for booking a Car with an authorised Dealer of KMI (‘Services’). These T&C constitute a valid and binding agreement between KMI and You. By accessing, browsing or otherwise using this Website for the Services, You warrant that You have fully read and understood these T&C and agree to be legally bound by these terms and acknowledge unconditional acceptance without limitation or qualification of these T&C. The following T&C and any amendments or modifications made thereto along with the general terms of use of using the Website, govern the use of the Website for the Services.

2. Definitions

2.1 "Customer" means any individual / firm / proprietorship / company etc. competent to enter into contract as per the Indian Contract Act, 1872 and interested in booking a Car online with a Dealer of KMI through the Website.

2.2 "Dealer" means authorised dealer of KMI for sale and/or service of the Car(s) manufactured and marketed by KMI.

2.3 "Car" means any model of the vehicles manufactured, imported, marketed or sold by KMI.

3. Price of the Car

3.1 The price of the Car shall be as applicable on the date of invoice of the Car.

3.2 The prices are subject to change and we are not responsible / legally bound to inform you in advance. Information related to ‘on-road price’ is only indicative and may not reflect the final price payable. Please contact the Dealer for final price.

3.3 Prices are applicable within the specified city limits only.

3.4 All price and promotional offers like consumer & exchange offers are applicable as per the price and offers available at the time of delivery and/or full payment.

4. Booking of Car

4.1 The online booking facility provided on this Website is for the convenience of the Customer.

4.2 Booking is allowed only with the authorized Dealers of KMI as mentioned on the Website.

4.3 A Customer can book more than 1 (one) Car and the booking process would be 1 (one) Car per booking.

4.4 The Customer shall be solely responsible for providing accurate information while making online booking and the information shall be in English language only.

4.5 In the event that the Customer is booking on behalf of another person, the necessary details of such other person is also required to be mentioned and the requisite details of such other person are required to be produced at the dealership as per requirement of the Dealer. Customer further acknowledges that the Customer shall be liable to indemnify KMI against all claims, losses, damages or costs that may be incurred or suffered by the KMI, its directors, employees and representatives, its Dealers arising out of or in connection with such booking.

5. Acceptance of Payment towards Booking

5.1 For booking online, the Customer is required to pay the specified booking amount as displayed on the Website at the time of booking of the Car selected by the Customer (‘Booking Amount’). Payment of the Booking Amount can be made online by Credit Card/Debit Card or Net Banking or Wallet or UPI payable in favour of the Dealer.

5.2 Acceptance of payment of Booking Amount on behalf of the Dealer is undertaken by a third party payment gateway (‘Agency’).

5.3 The online booking is available at www.kia.com/in whereas payment gateway is powered by an intermediary Agency providing payment gateway and merchant services.

5.4 KMI is only a facilitator in the transaction and has suitably made the Website available for online booking of Car and transfer of amount from Customer account to the Dealership. Hence, KMI will not be responsible for any charges imposed and action taken by the Agency arising out of payment for online booking. In the event, the Customer suffers any kind of loss or damage arising out of the payment transaction made by the Customer on the Website, KMI shall not be responsible and the Customer will have recourse to claim damages only from the Dealer.

5.5 The payment made by the Customer for online booking of Car through the Agency is subject to the terms and conditions as provided by the Agency. KMI or its Dealer shall not be responsible for payment issues made in respect of online booking through the Agency.

5.6 The transactions, Booking Amount and all other commercial terms such as balance payment, delivery of Car etc., shall be as per the bipartite contractual obligations agreed between the Customer and the concerned Dealer. The payment gateway facility is arranged only to facilitate the completion of online booking transaction in a smooth and swift manner. Use of the payment gateway facility shall not render KMI / Dealer liable or responsible for the non-delivery, non-receipt, non-payment, damage, breach of representations and warranties, non-provision of after sales or warranty services or fraud as regards the products and /or services listed on Website.

5.7 The Booking Amount remitted by the Customer will be realised and transferred to the respective Dealer’s account, which the Customer selected, at the time of making the online booking.

5.8 The Customer authorizes the Agency engaged by KMI to collect, process, facilitate and remit payments and/or the transaction electronically in respect of transactions through payment gateway facility. The Customer understands, accepts and agrees that the online payment facility provided by KMI is neither a banking nor financial service but is merely a facilitator providing automated online electronic payment, for the transactions on the Website using the existing authorized banking infrastructure and payment gateway networks. By providing the payment gateway facility, KMI is neither acting as a trustee nor acting in a fiduciary capacity with respect to the transactions undertaken by the Customer on the Website.

5.9 KMI reserves the right to restrict the number of online booking which a Customer can make through his/her Credit Card / Debit Card / Bank Account/ or any other financial instrument and accordingly reserve its right to reject an online booking made by a Customer, without assigning any reasons.

5.10 KMI reserves the right to reject without assigning any reason, an online booking made by a Customer having prior history of questionable charges including without limitation breach of any agreements by Customer with KMI/ Dealer or breach/violation of any law or any charges imposed by issuing bank or breach of any policy.

5.11 KMI may delay the notification of payment confirmation (a) to Dealer if KMI deems the transaction suspicious or (b) to a Customer conducting high transaction volumes for ensuring safety of the transaction. In addition, KMI may hold the transaction and not inform the Dealer or remit the Booking Amount to law enforcement officials (instead of refunding the same to the Customer) at the request of law enforcement officials or in the event the Customer is engaged in any form of illegal activity.

5.12 The Customer acknowledges that KMI will not be liable for any damages, interests or claims etc. resulting from not processing a transaction or any delay in processing a transaction which is beyond control of KMI.

5.13 Upon successful payment of Booking Amount, the system will generate a transaction Reference Number, acknowledging the receipt of payment towards the booking of Car made online. However, this acknowledgement shall not be treated as acceptance of booking by Dealer.

5.14 After successful completion of online booking, the Customer will get a Booking Reference ID. The Customer shall contact the concerned Dealers which he/she selected while making the online booking with the Booking Reference ID regarding the availability of selected variant, balance payment, finance, delivery details, etc. Customer is requested to choose only one colour for a particular variant. In case of any subsequent change in either colour or variant preference, the old Booking Reference Number shall remain same. The Customer shall use the Booking Reference ID for all future communication with the Dealer and produce the copy of receipt showing the Booking Reference ID as and when required by the Dealer.

6. Acceptance of Booking by Dealer

6.1 The Customer agrees that the Dealer shall not be deemed to have accepted the booking of the Customer or be bound by the booking until Dealer notifies the Customer of its acceptance of the booking.

6.2 The Booking Amount paid by the Customer at the time of online booking will be adjusted against the sale price of the Car at the time of raising the invoice by the Dealer. The Customer shall pay the balance amount to the Dealer to complete the successful transaction of purchase of the car. Thereupon, the Dealer shall deliver the Car as per the delivery commitment date given by the Dealer. Only after receipt of the full balance price of the Car and submission of requisite supporting documents, the booking will be binding. Until then, the online booking is merely a request on the part of the Customer and an indication of an intention to sell on the part of the Dealer and does not result in a booking confirmation or contract of sale. Should the booking fail to be accepted for whatever reasons or could not be completed, there will be no financial implications on KMI or the Dealer except as per the terms and conditions mentioned here.

6.3 If a Customer fails to pay the balance amount within the stipulated time as informed by the Dealer, the Car chosen by the Customer may be allocated to the next customer. Thereafter, depending upon the date of receipt of balance amount from the Customer, the delivery of Car booked by the Customer may be postponed by the Dealer, depending on the availability of particular Car booked by the Customer.

6.4 The vehicle specification and price including, statutory levies (import duty, excise duty, taxes and other levies) will be applicable as prevailing on the date of invoice issued by Dealer to the Customer.

6.5 The Customer shall be bound by the terms and conditions of KMI, applicable for the purchase of the ordered vehicle at the dealership.

7. Delivery of Kia Car

7.1 All formalities with respect to purchase of the Cars, including but not limited to the registration process shall be performed by the respective Dealer. The Customer is responsible for insurance, all the applicable taxes, permanent registration of the Car, charges and fees in relation thereto.

7.2 The sale and delivery of the Cars will take place at the dealership selected by the Customer subject to fulfilment of all applicable statutory obligations and submission of requisite supporting documents by Customer.

7.3 The Customer should contact the Dealer selected by him / her at the time of making the online booking for the purpose of taking delivery. The name on which booking has been made may be changed by KMI at KMI’s sole discretion post the Dealer raising a special request with KMI to change Customer’s name against a booking.

7.4 Expected date of delivery of Car will be confirmed by the Dealer upon receipt of balance sale price from the Customer however the delivery of Car is subject to availability of Car with the selected Dealer. In case, there is a waiting period, the Customer will be informed of the expected date of delivery by the Dealer.

7.5 All the original documents as required will have to be produced by Customer at the time of taking delivery of Car for verification by the respective Dealer.

7.6 The documents required for registration of the Car have to be submitted as per the policy, rules and regulations of the transport authority of the concerned State Government.

7.7 The delivery of Car shall be made after realization of full payment in the bank account of the Dealer. Further, the delivery of the Car shall be made after registration number is allotted by the Transport Department of the concerned Government. The Customer understands that the registration of the Car is at the sole discretion of the Transport Authority concerned.

7.8 The Dealer will bear the processing fees/transaction charges/levies for making online payment of Booking Amount only when such online booking is converted into a successful sale and delivery of the Car to the Customer by such Dealer.

8. Cancellation and Refund

8.1 The Customer can initiate an online cancellation of booking request (‘Online Cancel Request’) subject to the terms and conditions specified here. The Customer cannot initiate an Online Cancel Request within 24 hours of making an online booking.

8.2 The Booking Amount will be refunded, subject to deduction of processing fees, within three business days after the Dealer confirms the cancellation request. For cancellation, the Customer will have to pay the processing fee/transaction charges/levies of Rs. 250 per booking against the Booking Amount.

8.3 The Customer cannot initiate an Online Cancel Request if the booking has been allotted. In such a case, the Customer has to visit/contact the concerned Dealer to de-allot the VIN (vehicle identification number/chassis number). Upon de-allocation, the Customer can initiate an Online Cancel Request.

8.4 The Customer cannot initiate an Online Cancel Request if the booking has been invoiced. In such a case, the Customer has to visit/contact the concerned Dealer to de-invoice and de-allot the VIN (vehicle identification number/chassis number). Upon de-allocation, the Customer can initiate an Online Cancel Request.

8.5 The money will be refunded to the same source from which the Customer had made the payment of Booking Amount. E.g. If the customer made the payment from Credit Card the payment will be refunded back to that Credit Card account.

8.6 Once cancelled, Customer order cannot be reinstated at the same Booking Reference Number.

8.7 No cash payments for refund shall be made to the Customers.

8.8 In the case of financed orders, the booking cannot be cancelled online. Cancellation request shall be sent to the Dealer through the financing entity and refunds will be made by the Dealer to the concerned financing entity only.

9. General Terms

9.1 Customer/User shall ensure the compliance of all applicable laws including the applicable provisions of the Information Technology Act, 2000 and its allied rules as amended from time to time.

9.2 The Customer shall be responsible for maintaining the confidentiality of information provided by the Customer including the Mobile Number, OTP, Display Name and Password etc. for all activities undertaken by Customer under the Website. You are solely responsible to protect the password to your account on the Website and KMI will not be liable for any loss that you may incur as a result of someone using your password or account, either with or without your knowledge. If the Customer provides any information that is untrue, inaccurate, not correct or incomplete or KMI has reasonable grounds to suspect that such information is untrue, inaccurate, not correct or incomplete, KMI shall have the right to indefinitely suspend or terminate or block access of the Customer on the Website and refuse to provide the Customer with access to the Website/Services.

9.3 KMI may from time to time offer promotions/rewards/benefits for booking of Car(s) made through this online platform, for a limited period. The terms & conditions of such promotions/rewards/ benefits will be specified separately. KMI may withdraw/change the terms & conditions of promotions/rewards/benefits for online booking at any time without prior notice. You are advised to check the availability and detailed terms and conditions of the promotions/rewards/benefits before making a booking.

9.4 KMI reserves the right to change the price, model, variants, specifications and features of the Car as shown on the Website or at the Dealer without any prior notice.

9.5 The choice of variants of the Cars would be updated on the Website from time to time and shall be subject to availability at the selected Dealer.

9.6 KMI retains the right to revise the specification, standard fitment and/or accessories of/for the Cars or introduce new variants or their versions or discontinue earlier variants or versions.

9.7 KMI reserves the right to change or alter any terms and conditions or the process of online booking itself without prior notice and may withdraw the offer of online booking without prior notice.

9.8 KMI or Dealer will not be responsible for delay, loss or non- receipt of online booking information or any other form of submission not contemplated herein.

9.9 The booking of Car online is not compulsory, but only optional and voluntary for the interested customers and Cars can be booked and purchased by the Customer directly at the Dealership.

9.10 KMI or Dealer would not be responsible for delay, loss or non-receipt of communication by the Customer due to incorrect address or contact details, given in the online booking form or any other form of submission not contemplated herein or otherwise. The Customer online booking will be rejected in case of incomplete forms or non-receipt of booking amount.

9.11 KMI, their directors, employees, Dealers, consultants, assume no liability whatsoever under any circumstances whatsoever for any direct or indirect loss or damage arising from a Customer booking a Car online through the Website.

9.12 Delivery is subject to “force majeure” conditions. The term “force majeure” means any circumstances which are unusual, unforeseeable and are beyond the control of KMI and/or Dealer concerned, the consequence of which could not have been avoided even if all due care had been exercised, including but not limited to acts of God, war or threat of war, riot, civil strike, hostilities, political unrest, government action, industrial dispute, natural or other disaster, nuclear incident, terrorist activity, sabotage, blockage, embargo, weather conditions, transport strike, fire, flood, typhoon, tempest, drought, short supply of labour, fuel, raw material, or manufactured produce, or otherwise preventing or hindering the manufacture or delivery of the car and all similar events beyond the control of KMI and/or Dealer concerned.

9.13 Customer further understands that the terms and conditions of sale of the Car is exclusively between Customer and Dealer only and KMI, which is operating with the Dealer concerned on principal to principal relationship, is not bound by any such terms in any manner whatsoever.

9.14 Customer hereby expressly consents to KMI storing/transferring the personal data (i.e. personally identifiable data) that is voluntarily supplied herein and to process and use it by KMI as it deems appropriate for the purposes of providing Services or share with its affiliates, associates, Dealers, agencies, auditors, legal advisers, marketing partners, representatives, etc. to contact the Customer through outbound call by telephone/mobile numbers or send SMS or email for offers, marketing and/or promotions, product related information, newsletter, market survey, poll, research, study, programs, enquiries about offerings, services and other legitimate purposes. KMI may disclose information if required to do so by any government/regulatory agency.

9.15 All personal data accumulated will be acquired, processed and used according to the applicable regulations governing the protection of personal data for the sole purpose of managing and maintaining KMI’s own legitimate business interests.

9.16 Although KMI takes reasonable measures to safeguard against unauthorized disclosures of information, it cannot guarantee that personal data that Customer provides is safe from unauthorised access/disclosure by hacking or otherwise. .

9.17 KMI is providing this Website/Service to You simply as a matter of convenience. KMI expressly disclaims any claim or liability arising out of the provision of this Website/Service. You agree and acknowledge that You shall be solely responsible for Your conduct and that KMI expressly reserves the right to terminate your rights to use the service at any time it deems fit. KMI does not warrant the accuracy, adequacy or completeness of information and materials and expressly disclaims liability for errors or omissions in information and materials on the Website. No warranty of any kind, implied, expressed or statutory including but not limited to the warranties of non-infringement of third party rights, merchantability, fitness for a particular purpose, is given. KMI is not responsible for any loss or damage howsoever caused by the software and related codes, including viruses and worms. KMI does not warrant that the Website and functions contained in the Website will be uninterrupted. We may suspend, withdraw, discontinue or change all or any part of the Website without notice. We will not be liable to You if for any reason the Website or its content is unavailable at any time and/or for any period.

9.18 The use of this Website/Services is entirely at the Your own risk, and in no event will KMI be liable for any damages, including without limitation direct or indirect, special, incidental, punitive, exemplary or consequential damages, losses or expenses arising in connection with the Website/Services or any linked site or use thereof or inability to use by any party, or in connection with any failure of performance, error, omission, interruption, defect, delay in operation or transmission, computer virus or line or system failure, etc. even if KMI or its authorized representative has been advised of the possibility of such damages. To the fullest extent permitted by law, KMI:

(i) excludes all representations and warranties relating to this Website/Services and its content or which is or may be provided by any other third party, including in relation to any inaccuracies or omissions in the Website/Services; and

(ii) excludes all liability for damages arising out of or in connection with the disclosure of the information and/or Your use of the Website. This includes, without limitation, direct loss, loss of business or profits (whether or not the loss of such profits was foreseeable, arose in the normal course of things or You have advised KMI of the possibility of such potential loss), damage caused to You in any manner whatsoever including but not limited to the Your computer, computer software, systems and programs and the data thereon or any other direct or indirect, consequential and incidental damages.]

9.19 The Customer/User shall indemnify and hold harmless KMI, its, affiliates, subsidiaries, Dealers (as applicable) and their respective officers, directors, agents, and employees, from any losses, claims, chargebacks or demand, or actions including reasonable attorneys' fees, made by any third party including Agency or penalty imposed due to or arising out of breach of these terms and conditions, Terms of Use, Privacy Policy and other policies of Kia by the Customer, Your use of the Website/Services or any act or omission of the Customer/User in violation of any law, rules or regulations or the rights (including infringement of intellectual property rights) by the Customer/User.

9.20 The terms and conditions of this online booking shall be governed by the laws of India and in case of any disputes involving KMI, You/Customer consent that Courts in New Delhi alone will have exclusive jurisdiction.

9.21 By accessing, browsing or otherwise using the Website for booking Car, the Customer gives unconditional consent for being contacted for products/services of KMI over telephone/mobile phone/email/SMS.

9.22 We may change these T&C at any time without any prior notice in writing or otherwise to You, by posting changes on the Website. You may review these terms regularly to ensure that You are aware of any changes made by us. The continued use of our Website/Services by You, after changes are posted means that You agree to be legally bound by these T&C as updated and/or amended. In the case of any violation of these T&C or any additional terms posted on Website, we reserve the right to seek all remedies available by law and in equity for such violations.

9.23 Further, by impliedly or expressly accepting these T&C, the Customer/User also gives unconditional acceptance to be bound by Terms of Use of the Website and KMI’s policies (including but not limited to Privacy Policy available on its Website) as amended from time to time.