Terms and Conditions | KIA Newbarn
1. IMPORTANT NOTICE
1.1 These terms apply to your use of the Kia UK website namely www.kia.co.uk (“the website”).
2. INFORMATION ABOUT US
2.1 The website is operated by Kia Motors (UK) Limited (“we”, “us”, “our”).
2.2 We are registered in England and Wales under company number 04415807 and our registered office is at Walton Green, Walton-On-Thames, Surrey, KT12 1FJ.
2.3 Our VAT number is GB787484563.
3. OUR DEALERS
3.1 Our vehicles, other products and services (together referred to in these terms as “vehicles”) are sold in the UK through approved dealers.
3.2 Please note that whilst such dealers sell Kia vehicles, they do not have authority to bind Kia and they are not acting as agents for Kia.
4. USE OF THE WEBSITE
4.1 You may use the website for lawful purposes only and in accordance with these terms. You must not use the website in any way that breaches any applicable local, national or international law or regulation or which is fraudulent in any way.
4.2 You are allowed to access, download and print the materials on the website for your own personal, non-commercial use only and/or for internal business purposes only.
4.3 Unless you obtain our express written consent in advance, you must not:
4.3.1 access or print any or all parts of the website for any commercial purpose;
4.3.2 copy (including storing and downloading), distribute, publish, transmit, alter, adapt, create derivative works from, or otherwise exploit in any way or use the material on the website, either in whole or in part except as expressly permitted above;
4.3.3 remove any copyright, trademark or other intellectual property notices;
4.3.4 use the website to transmit or procure the sending of any unsolicited or unauthorised spam or advertising material;
4.3.5 seek to interfere or damage the website or its content;
4.3.6 frame, harvest or link to the website or its content or use the material on the website, or any part of it, on any other website or social media platform.
5.1 The website is intended to provide general information only.
5.2 The information on this website is intended for United Kingdom residents. Therefore, we are unable to fulfil any requests for brochures or to provide information to non-UK residents, as the specifications of Kia vehicles in non-UK countries may differ to those in the UK.
5.3 The display of vehicles on the website does not constitute an offer to sell.
5.4 We endeavour to ensure that the material contained on the website is accurate and complete at the date first published. However, we cannot guarantee this and you should recognise that information contained on the website may become out of date over time.
5.5 We reserve the right to alter, remove or update materials and information on the website at any time without notice.
5.6 The website and the information contained in it is provided for your use "as is" without any warranty (whether express or implied) of any kind.
5.7 We are not responsible for any action you take as a result of relying on any information provided on this website or for any loss or damage suffered by you as a result of such action.
5.8 The information contained on this website may not satisfy the laws of any other country.
6. DETAILS OF VEHICLES
6.1 The images on our website of the vehicles are illustrative only. Although we have made every effort to display the colours accurately, we cannot guarantee that your computer's display of the colours accurately reflects the true colour of the vehicles.
6.2 From time to time, the website may display images of vehicles or certain specifications of vehicles which are no longer available or which are not available in the UK or part of the UK. To check the availability of a specific vehicle, please contact us or one of our dealers.
6.3 Whilst we try and provide as much information as possible about the specification of the vehicles shown on our website, the information shown will not always be comprehensive or up to date.
6.4 Due to our policy of continuous product improvement, all particulars are subject to constant revision and Kia reserves the right to, at any time, change, alter or modify, among other things, specifications, colours, offers and prices of models without any notice.
6.5 You should check with your preferred Kia dealer that any information you have seen on this website is accurate before action on it (in particular, please check pricing information).
7.1 Please note that the prices shown on our website [are indicative only and] may be subject to change depending on factors such as the particular specification of a vehicle. To find out a price for a specific vehicle, please contact us or one of our dealers.
7.2 Any quotes generated on the online finance calculator are indicative only. The provision of finance is subject to status and terms and conditions, moreover, guarantees and indemnities may be required. For more information and a definitive quote, please contact us or one of our dealers.
8. AVAILIABILITY OF THE WEBSITE
8.1 We reserve the right to suspend access to all or part of the website or close it indefinitely without notice. Access may be terminated or suspended either in relation to specific users or to all users. In such circumstances, we shall have no liability to you in respect of the website being unavailable.
8.2 In addition, we do not warrant that the functions or materials on, or accessed from, the website shall be uninterrupted or free from errors.
9. CHANGES TO THESE TERMS
9.1 We reserve the right to change these terms at any time without notice.
9.2 It is your responsibility to check the terms regularly in order to be aware of any changes which are made to them.
9.3 By continuing to access the website after the terms have changed, you are agreeing that you have read, understood and agree to be bound by the updated terms.
10. OWNERSHIP OF THE WEBSITE
10.1 We are the owner or licensee of all intellectual property rights in the website and in the materials which appear on the website. This includes but is not limited to the text, photographs, images, graphics, illustrations, designs, written and other material including the program and code. Our rights include trademarks, copyright, design rights and all other intellectual property rights and all our rights are reserved.
10.2 If you acquire any rights in or to the website or materials on it, you agree to assign those rights, on a worldwide basis, to us and unconditionally and irrevocably to waive all moral rights you may have acquired.
11. VIRUSES AND HACKING
11.1 We do not warrant that the website, its content or the server(s) that make it available are error or virus free or free of other harmful components or that your use of the website will be uninterrupted. You are accessing the website at your own risk and to the extent permitted by law and subject to clause 18.1 we will not be liable for any loss or damage suffered by you as a result of viruses or other harmful material which you access from the website.
11.2 You are solely responsible for ensuring that you have suitable equipment and security and virus protection in place before using the website.
11.3 You must not attempt to gain unauthorised access to our website, the server on which our website is stored or any server computer or data base connected to our website
11.4 You must not introduce viruses, trojan horses, worms, logic bombs, spyware, adware or other harmful materials to the website which may adversely affect the operation of any computer or program or the website.
12.1 There may be sections of the website which can only be accessed by users who we have given a log-on or password.
12.2 We have sole discretion to determine whether or not to allow you access to any secure areas of the website and we may suspend your access at any time.
12.3 If we do provide you with a log-on and/or password to access a secure area, it is your responsibility to ensure that these details are kept confidential at all times and you must not disclose your password to any third party.
12.4 We reserve the right to disable any log-on and password at any time if in our opinion there is a risk of the confidentiality of the password being compromised.
12.5 In the event that a third party gains access to your log-on or password, you should notify us immediately via http://www.kia.co.uk/about-kia/contact-us.aspx . We are not liable for any loss resulting from your failure to protect the confidentiality of your log-on or password.
13. TEST DRIVES
13.1 You can use the website to request a test drive of a vehicle (or vehicles) shown on the website. Please note that submitting a request for a test drive does not guarantee that you will be offered a test drive.
13.2 Test drives are offered subject to status, terms and conditions and vehicle and dealer availability. For more information about booking a test drive, please contact us or one of our dealers.
14. FUN AND GAMES
14.1 From time to time, we may offer games on the website for your entertainment. Unless we say otherwise, there are no prizes for participating in these games.
14.2 Sometimes, it may be possible to record the score you achieve in the game, if you wish to do so, please indicate this when entering the game. This data will only be stored for a limited time. Please note that the name you supply may be displayed on a public score board displayed alongside the game.
14.3 We reserve the right to permanently withdraw or temporarily suspend any games shown on the website, we may also make changes to the format or operation of the game where we see fit.
14.4 We are not liable to you if you are unable to access or play a game shown on the website.
15.1 From time to time, we may run promotions on the website. Where you wish to participate in any such promotion, please ensure you first check the promotional terms and conditions as these will apply to any entry which you submit.
16. FEEDS AND LINKS
16.1 RSS Feeds We may provide information on the website via RSS Feeds. This information is provided solely for the convenience of users and we are not responsible for its content.
16.2 Twitter A Twitter feed has been embedded into the website. This Twitter feed displays tweets placed by us using the handle @KiaUk and may also include comments made by other Twitter users. Tweets posted other Twitter users represent the opinion of that individual user only and are not endorsed or verified by us.
16.3 Reevoo On the website, reviews of our vehicles posted by customers using “Reevoo” are displayed. This feedback is posted by Kia customers and is not censored by us, therefore we accept no responsibility for the accuracy or content of reviews posted.
17. OUR LIABILITY
17.1 If we fail to comply with these terms, we are responsible for any loss or damage you suffer that is a foreseeable result of our breach of these terms or our negligence. Loss or damage is foreseeable if they were an obvious consequence of our breach or if they were contemplated by you and us at the time you accepted accessed or used the website and accepted these terms in doing so. We do not accept liability for any loss or damage which was not foreseeable.
17.2 To the extent we may lawfully do so we exclude liability for any implied terms and conditions including those implied by statute, common law or the law of equity.
17.3 However, nothing in these terms shall affect our liability for death or personal injury caused by our negligence, nor our liability for fraud or serious misrepresentation, nor any other liability which cannot be excluded or limited under applicable law.
17.4 Nothing in these terms affects your legal rights as a consumer. Advice about your legal rights is available from your local Citizens' Advice Bureau or Trading Standards office.
18.1 If any of the provisions of these terms is or becomes invalid or contravenes any law then the remaining provisions shall not be affected.
18.2 It is intended that the website will be used by persons resident in the United Kingdom. If you are resident outside the United Kingdom, please look at the Kia website specific to the country in which you are based.
18.3 These Terms are governed by English law. You and we both agree to submit to the non-exclusive jurisdiction of the English courts. However, if you are a resident of Northern Ireland you may also bring proceedings in Northern Ireland, and if you are a resident of Scotland, you may also bring proceedings in Scotland.
18.4 No waiver shall constitute a waiver of any other terms. No failure by us to exercise a remedy shall constitute a waiver to subsequently exercise any remedy.
This website (www.kia.com/uk
) is operated by Kia Motors (UK) Limited (company number 04415807) of Walton Green, Walton-On-Thames, Surrey, KT12 1FJ (“we”, “us”, “our”).
1. WHAT ARE COOKIES?
1.1 Cookies are text files containing small amounts of information which are downloaded to your device when you visit a website. Cookies are then sent back to the originating website on each subsequent visit, or to another website that recognises that cookie. Cookies are useful because they allow a website to recognise a user’s device. You can find more information about cookies at: www.allaboutcookies.org and www.youronlinechoices.eu.
1.2 Cookies do lots of different jobs, like letting you navigate between pages efficiently, remembering your preferences, and generally improving the user experience. They can also help to ensure that adverts you see online are more relevant to you and your interests.
2. WHICH COOKIES ARE USED ON THIS SITE?
2.2 The following types of cookies are used on this website.
2.2.1 Targeting and advertising cookies These cookies are used to deliver adverts more relevant to you and your interests. They are also used to limit the number of times you see an advertisement as well as help measure the effectiveness of the advertising campaign. They are usually placed by advertising networks with our permission. They remember that you have visited a website and this information is shared with other organisations such as advertisers. Quite often targeting or advertising cookies will be linked to site functionality provided by the other organisation.
2.2.2 Strictly necessary cookies These cookies are essential in order to enable you to move around the website and use its features, such as accessing secure areas of the website. Without these cookies, services you have asked for cannot be provided.
2.2.3 Performance cookies These cookies collect information about how visitors use a website, for instance which pages visitors go to most often, and if they get error messages from web pages. These cookies don’t collect information that identifies a visitor. All information these cookies collect is aggregated and therefore anonymous. It is only used to improve how a website works.
2.2.4 Functional cookies These cookies allow the website to remember choices you make (such as your user name, language or the region you are in) and provide enhanced, more personal features. These cookies can also be used to remember changes you have made to text size, fonts and other parts of web pages that you can customise. They may also be used to provide services you have asked for such as watching a video or commenting on a blog. The information these cookies collect may be anonymised and they cannot track your browsing activity on other websites.
2.2.5 Google Analytics These cookies are used to collect information about how visitors use our site. We use the information to compile reports and to help us improve the site. The cookies collect information in an anonymous form, including the number of visitors to the site, where visitors have come to the site from and the pages they visited. For further details visit: http://www.google.com/analytics/learn/privacy.html
3. HOW CAN THE COOKIES BE REMOVED?
3.1 You may refuse to accept cookies by activating the setting on your internet browser which allows you to refuse the setting of cookies. However, please be aware that this may mean you will not be able to use certain important features of our service.
3.2 For more information about cookies including how to set your internet browser to reject cookies please go to www.allaboutcookies.org.
4. COOKIES ON THIS WEBSITE
The names of the cookies that we use on our website, and the purposes for which they are used, are set out below:
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