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Terms of Use

Effective Date: June, 2017

Introduction

You are requested to read these terms and conditions carefully before accessing this website or other sites owned, hosted and maintained by Kia Motors India Private Ltd. (‘KMI/us/we/our’), collectively referred to as ‘Website’.

These Terms and Conditions (the “T&C”) constitute a valid and binding agreement between KMI and the user (‘You/Your’). By using the Website, per se, You agree to be bound by all the terms and conditions as mentioned herein. The following terms and conditions and any amendments or modifications made thereto, govern the use of the Website and any content made available from or through the Website.

By accessing the Website, 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. 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 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..

Linkable Table of Contents

  1. 1. Eligibility
  2. 2. Indian Users
  3. 3. Intellectual Property Rights
  4. 4. Access to Information
  5. 5. Use of Information Provided in the Website
  6. 6. Acceptable Use of Website
  7. 7. Links To Third Party Sites
  8. 8. Payments
  9. 9. Call from KMI
  10. 10. No Warranty
  11. 11. Limitation of Liability
  12. 12. Indemnity
  13. 13. Termination/Access Restriction
  14. 14. Additional Terms
  15. 15. Independent Contractors
  16. 16. Governing Law and Jurisdiction
  17. 17. Notice
  18. Disclaimers related to Forms

1. Eligibility

You warrant that You are competent to contract as per Indian Contract Act, 1872 and possess legal authority to use the products and services offered on the Website in accordance with the terms and conditions of booking, sale and delivery of services/ vehicle(s) manufactured and marketed by KMI.

2. Indian Users

The Website can be viewed anywhere in the world but is intended for use only in India. The products and services provided on the Website are not available in all geographic areas. Your eligibility for particular products and services is subject to final determination by KMI and/or its affiliates. KMI vehicles described in the Website relate only to Indian specifications.

3. Intellectual Property Rights

Unless otherwise indicated, the Website and all materials, including images, designs, video clips, animation, contents etc. written that are part of the Website are intellectual properties owned, controlled or licensed by/to KMI and are protected by Indian and/or international intellectual property laws. You are not permitted to use the same. Unless otherwise indicated or anything contained to the contrary or any proprietary material owned by a third party and so expressly mentioned, KMI owns or has been licensed, as the case may be, all intellectual property rights to and into the trademark "Kia", and the Website including, without limitation, any and all rights, title and interest in and to trade names, service marks, logos, domain name, copyright, related rights, patents, utility models, designs, know-how, designs, graphics and inventions, goodwill, source code, meta tags, databases, text, content, graphics, icons, and hyperlinks. All those intellectual property rights arising as a result of domain names, internet or any other right available under applicable law shall vest solely and exclusively in KMI and/or KMI’s affiliate, as the case may be, as the owner of such domain name. You hereby agree and confirm that nothing contained herein shall be construed as conferring or transferring to You any license or right, by implications, estoppels or otherwise, to any intellectual property rights mentioned hereinabove. You shall not use, reproduce or distribute any content from the Website / intellectual property belonging to KMI and/or its affiliates, as the case may be.

You agree and acknowledge that any infringement of the intellectual property rights will result in legal action against You.

KMI respects the intellectual property of others, and we ask You to do the same. KMI has no responsibility for content on other websites linked to the Website that You may find or access. It is KMI's policy, in appropriate circumstances and at its discretion, to disable and/or terminate the accounts of such users who may infringe or repeatedly infringe the copyrights or other intellectual property rights of KMI and/or others.

4. Access to Information

You are solely responsible for all information entered through or electronically transmitted to KMI through the Website and accept that all such data transmissions are undertaken at Your own risk. By using the login service, You authorize KMI to access and retrieve information requested by You. 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.

5. Use of Information Provided in the Website

By providing Your information/inputs to KMI by Your use of the Website or its associated services, You grant KMI permission to use it, free of cost in connection with its businesses including, without limitation, the rights to copy, distribute, transmit, publicly display, reproduce, edit, translate and reformat the materials and to publish Your name in connection with Your materials in compliance with applicable laws and KMI’s Privacy Policy. All information submitted to KMI via the Website shall be deemed and remain the property of KMI and KMI shall be free to use, for any purpose, any idea, concepts, know-how or techniques contained in the information You provided KMI through the Website. KMI shall not be subject to any obligations of confidentiality regarding submitted information except as required by applicable law.

6. Acceptable Use of Website

You will not copy, reproduce, republish, download, make available to the public, adapt, alter, create a derivative work or otherwise use our Website and/ or content in any way except for Your own personal, non-commercial use. Any other use of our Website and/ or content requires the prior written permission of KMI.

You agree to use our Website only for lawful purposes and in a way that does not infringe the rights of, restrict or inhibit anyone else's use of Website. Unauthorized use of KMI's Website and systems including but not limited to unauthorized entry into KMI's systems, misuse of passwords, or misuse of any information posted on a site is strictly prohibited.
It is important to remember that comments submitted to our public sections /forum may be recorded and stored in multiple places, both on our Website and elsewhere on the internet. It is therefore important that You are careful and selective about the personal information that You may disclose about Yourself and others, and in particular, You should not disclose sensitive, proprietary or confidential information in Your comments to our public sections/forums.

Any commercial or promotional distribution, publishing or exploitation of the Website, or any content, code, data or materials on the Website, is strictly prohibited. Other than as expressly allowed herein You may not download, post, display, publish, copy, reproduce, distribute, transmit, modify, perform, broadcast, transfer, create derivative works from, sell or otherwise exploit any content, code, data or materials on or available through the Website. You further agree that You may not alter, edit, delete, remove, otherwise change the meaning or appearance of, or repurpose, any of the content, code, data, or other materials on or available through the Website, including, without limitation, the alteration or removal of any trademarks, trade names, logos, service marks, or any other proprietary content or proprietary rights notices. You acknowledge that You do not acquire any ownership rights by downloading any copyrighted material from or through the Website. If You make other use of the Website, or the content, code, data or materials thereon or available through the Website, except as otherwise provided above, You may violate copyright and other laws of India, other countries and may be subject to liability for such unauthorized use.

You must not misuse our Website by knowingly introducing viruses, trojans, worms or other material which is malicious or technologically harmful. You must not attempt to gain unauthorised access to our Website, the server on which our Website is hosted or any server, computer or database connected to our Website.

In connection with submissions by You, You further agree that You will not submit material that is personal information of Yourself or any other person; copyrighted, protected by trade secret or otherwise subject to third party proprietary rights, including privacy and publicity rights, unless You are the owner of such rights or have permission from their rightful owner to post the material and to grant KMI all of the license rights granted herein.

KMI does not endorse any user submission or any opinion, recommendation, or advice expressed therein, KMI expressly disclaims any and all liability in connection with user submissions. KMI does not permit copyright infringing activities and infringement of intellectual property rights on its Website. KMI will remove all content and user submissions if properly notified that such content or user submission infringes on another's intellectual property rights. KMI reserves the right to remove content and user submissions without prior notice.

7. Links To Third Party Sites

The Website may contain links to websites controlled or offered by third parties (non-affiliates of KMI). You acknowledge and agree that we have no responsibility for the information, content, products, services, advertising, code or other materials which may or may not be provided by or through linked sites. KMI hereby disclaims liability for, any information, materials, and products or services posted or offered at any of the third party sites linked to the Website. Creation of a link to a third party web site, does not imply endorsement, sponsorship or recommendation by KMI of any products or services offered or information contained at that web site, nor is KMI liable for any failure of products or services offered or advertised at those sites. We do not represent or warrant that the contents of any third party site are accurate, compliant with applicable law, or compliant with copyright or other intellectual property laws. Also, we are not responsible for or any form of transmission received from any linked site. Any reliance on the contents of a third party site is done at the Your own risk and You assume all responsibilities and consequences resulting from such reliance. Any concerns regarding any such services or resources, or any link thereto, should be directed to the particular service or resource. Such third party may have a privacy policy different from that of KMI and the third party website may provide less security than the KMI site.

8. Payments

KMI and/or its business partners/third parties reserve the right, in their sole discretion, to establish acceptable payment methods requiring payment for specific services or products, including via mobile application. You are solely responsible for all charges owed for all goods and services booked and/or purchased through the Website. If You are making online payments of any kind, You represent and warrant that (a) any credit card, debit card and bank account information You supply is true, correct and complete, (b) the card was issued in Your name and charges incurred by You will be honored by Your credit/debit card company or bank. You shall be solely responsible for compliance of all applicable laws for making payments to KMI.

Furthermore, You agree and authorize KMI to: (i) submit a transaction using the card or financial information provided, (ii) in the case of automatic recurring transactions, submit a transaction on a recurring basis for renewals, (iii) if necessary, bill You, in a prorated manner (as required), in accordance with the particular fee terms for the product or service You are purchasing or enrolling in, and (iv) if necessary (and applicable) bill Your mobile carrier via a mobile application if You authorize us to do so. You may cancel Your services for ongoing transactions/services at any time by calling customer care or by using any other method specified on the sites.

9. Call from KMI

You agree that by submitting the form (any enquiry or booking), You are explicitly soliciting a call from KMI or its partners on the phone number provided by You in order to assist You with the selection of a car and/or service.

10. No Warranty

The contents in the Website are meant only for information purpose. All the information and materials contained in this site are provided "as is", "as available" basis. KMI does not warrant the accuracy, adequacy or completeness of this information and materials and expressly disclaims liability for errors or omissions in this information and materials. 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 cannot guarantee that any software or information downloaded from the Website is free from any or all viruses and 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. You are also responsible for ensuring that all persons who access our Website through Your registered account or otherwise are aware of these T&C and other applicable terms and conditions, and that they comply with them.

11. Limitation of Liability

The Website is for personal use and is not to be used for any commercial purpose. The use of this Website is entirely at 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 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 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; 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.

12. Indemnity

You agree to indemnify and hold harmless KMI, its parent companies, subsidiaries, affiliates, officers, directors, agents, employees, channel partners and suppliers, from any direct or indirect losses, claim, demand, action, or damage, including reasonable attorney's fees, made by any third party due to, arising out of or related to Your use of or in connection to the Website including anything You may post such as any information, content, user information, personal or sensitive data or any sort of query, response, information, etc. on the Website or Your violation of the Terms & Conditions or breach of any law.

13. Termination/Access Restriction

KMI reserves the right, in its sole discretion, to terminate or limit Your access to any or all Websites or any content thereof and the related services or any portion thereof at any time, without notice and KMI shall not be liable to You for the same in any manner whatsoever.

14. Additional Terms

Certain sections or pages on this site may contain separate terms and conditions, which are in addition to these terms and conditions. In the event of a conflict, the additional terms and conditions will govern those sections or pages.

15. Independent Contractors

You acknowledge that Your usage of the Website does not constitute a joint venture, partnership, employment or agency relationship between You and KMI.

16. Governing Law and Jurisdiction

These terms and conditions shall be governed by the laws of India. By using the Website, You consent that the Courts in New Delhi alone will have exclusive jurisdiction in all disputes arising out of or relating the use of the Website.

17. Notice

Any notice, request or other communication required to be given under these terms and conditions shall be served personally or mailed to KMI by registered post or courier and in addition by e-mail at the following address:
Kia Motors India Pvt. Ltd.
16th Floor, Two Horizon center, Golf Course Road,
DLF Phase-V, Sector 43, Gurugram,
Haryana 122002
hello@kia-motors.in

Disclaimers related to Forms

1. For appointment of Test Drive
“The appointment is subject to terms and conditions as determined by the respective Dealership and will be subject to availability of the vehicle at their end”

2. For appointment of Showroom visit
“Appointment and preferable time slots is subject to final confirmation by the respective Dealership”

3. Booking of Service
“Booking of Service is subject to terms and conditions as may be determined by the respective Dealership and appointment is subject to their final confirmation”

4. Get price list
“Prices are Ex-showroom Prices and are indicative, its applicability is subject to the date of invoicing of the vehicle. For specific details, may contact your nearest dealership”