1. LEGAL STATEMENT

Copyright ©2013 Kia Canada Inc. (“KIA”). All rights reserved. Any unauthorized use of these materials may subject you to penalties or damages. KIA is a subsidiary of KIA Motors Corporation, based in Seoul, South Korea. KIA is the exclusive distributor of KIA-branded motor vehicles, parts and accessories in Canada. KIA authorized dealers (“Dealers”) are independent companies that sell KIA vehicles, parts and accessories, and are licensed to operate such businesses using the trade names, trademarks and service marks owned by us or our affiliates. By accessing, browsing or using this website, you are agreeing to the terms and conditions contained in the present document (“Terms of Use”). If you do not agree with the terms and conditions of these Terms of Use, you must cease use of this website immediately. KIA collects data relating to all visitors to its website, refer to the KIA Privacy Policy for details. If you breach any provision of these Terms of Use, you may be committing an offence and could be prevented from further use of this website. You are granted a non-exclusive, non-transferable, non-sub-licensable, revocable, limited license to display and review this website on your computer or mobile Device, and to print, download and use the messages, information, data, text, software, images and other content on this website, solely for informational purposes solely for your own personal use.

 

KIA reserves the right to change its Terms of Use from time to time. Changes will be effective as of the date the changes to these Terms of Use are posted to this website. If any change to these Terms of Use is not acceptable to you, you must discontinue use of this website immediately. Your continued use of this website after any such changes are posted will constitute acceptance of those changes.

 

These Terms of Use and your use of this website shall be governed by and construed in accordance with the laws in force in the Province of Ontario and the federal laws of Canada. Any disputes or claims arising out of or related to these Terms of Use or your use of this website shall be commenced exclusively in the courts of the Province of Ontario, sitting in the City of Toronto.

 

2. TRADEMARKS

The KIA mark and design are registered trademarks. These trademarks and other KIA names, logos and service marks may not be modified, used, downloaded, copied or distributed in any way except as an integral part of an authorized download, copy or transmission of material on this website. You agree to comply with all copyright laws worldwide in your use of this website and to prevent any unauthorized copying, redistribution, reproduction or modification of this website or any of KIA’s content. No license to any intellectual property has been granted by this website except as first noted above.

 

3. KIA DEALERS

The purchase or lease of a KIA vehicle is transacted through a Dealer and is governed exclusively by the terms and conditions of the agreement entered into between you and the applicable Dealer. KIA Dealers are not affiliates of KIA. Accordingly, any purchase or lease you enter into, is exclusively between you and the contracting Dealer.

 

Any financial services and/ or promotional sales programs advertised on this website are only available through a Dealer, and in the case of regional programs which may not be on this website, through the Dealers in the applicable region. The applicable Dealer that you select reserves the right to determine whether you qualify for credit or any promotional sales program. The Dealers are under no obligation to sell any vehicle at the Manufacturer’s Suggested Retail Price (MSRP) posted on this website and KIA is not responsible for the prices set by any Dealer. KIA is permitted to change any vehicle specifications, promotional sales programs, employment opportunities, and other information available on this website at any time without notice.

 

4. LIMITATION OF LIABILITY

Although KIA will make all reasonable efforts to provide accurate information on this website, there is no guarantee of accuracy and KIA does not assume any liability for the accuracy or completeness of information presented on this website. All information contained on this website is for informational purposes only and in no way constitutes an offer to buy or sell KIA vehicles. This website shall not be used or relied upon by any visitor as a substitute for information available from their local KIA Dealer or any agreement that you have entered into with a KIA Dealer. Your use of this website is not intended and shall not be deemed to create any legal relationship of any kind between you and KIA, or amend or vary any pre-existing legal relationship that you may have entered into.

 

You acknowledge and agree that this website is provided on an “AS IS” basis and that any use of or reliance on this website shall be at your sole risk. To the extent permitted by law, KIA and its affiliates do not make any, and expressly disclaim all, representations, warranties, covenants and conditions, express or implied, by operation of law or otherwise, including without limitation any implied warranties and conditions of merchantable quality, or fitness for any particular purpose, or non-infringement, or those arising out of course of performance, course of dealing or usage of trade with respect to this website (including the content or User Content, as defined below). For greater certainty, KIA does not warrant that this website will (a) meet your requirements, (b) be compatible with your computer, mobile Device or related equipment, (c) be accurate, reliable, authentic, current or complete, (d) continue to operate, (e) operate without interruptions, or (f) be error-free.

 

KIA and its Dealers, and each of their respective directors, officers, agents, employees, representatives and licensors shall not be liable for any damages of any kind whatsoever (including, without limitation, damages for loss of revenue or profits, failure to realize expected savings, interruption of activities, or any other pecuniary or economic loss) arising out of the use of or inability to use this website or any product or service described or provided on this website, including the use of any hypertext links.

 

5. USER SUBMISSIONS (SOLICITED AND UNSOLICITED)

Subject to any applicable law, any specifically requested User Content and the requirements of the KIA Privacy Policy:

 

(i) KIA does not wish to obtain unsolicited ideas, including ideas for new advertising campaigns, new promotions, new or improved products, goods, services or technologies, product enhancements, processes, materials, marketing plans, or new product names. Accordingly, please do not send any unsolicited ideas, suggestions or other materials ("Submissions") to KIA.

(ii) any communications sent by you to KIA via this website or otherwise, including Submissions, whether solicited by KIA or otherwise, are on a non-confidential basis (other than personal information which is covered under the KIA Privacy Policy, located on this website) and KIA shall be free to use and disclose the content of any such communication, including without limitation any ideas, inventions, concepts, techniques or know-how disclosed therein, for any purpose including without limitation developing, manufacturing and/or marketing goods and services. You agree to not assert any ownership right of any kind in such communications (including without limitation copyright, trade-mark, patent, trade secret, unfair competition, moral rights, or implied contract) and you hereby waive such moral rights in favour of KIA and its affiliates, licensees, successors and assignees. You also acknowledge that you have no right to receive any financial or other consideration in connection with such communication.

 

Users of this website may be permitted to submit or post discussions, questions, images, comments, reviews or other information (“User Content”) to this website or other medium. In submitting or posting any User Content, you agree:

 

(i) not to post any User Content that may: (A) harm, threaten, harass, abuse or intimidate any other person in any way; (B) involve materials that constitute, depict, promote, encourage, indicate, advocate or tend to incite the commission of a crime or other unlawful activities, violence, hatred, cruelty or discrimination against any individuals or groups, for any reason, or any act of cruelty to animals; (C) conceal or misrepresent the author or origin of any messages or communication, or that impersonate any person, or that falsely state or otherwise misrepresent an affiliation with any other person, including KIA; or (D) disclose any private or personal information about any person without that person’s permission.

ii) you are solely responsible for your User Content and any other actions and communications undertaken or transmitted in the course of your usage of this website or other medium, and that you will comply with all laws that apply or may apply to your use of or activities on this website or other medium. KIA may investigate occurrences which may involve violations of such laws and co-operate with law enforcement authorities in prosecuting users who are involved in such violations. KIA reserves the right at all times to disclose any information (including without limitation your personal information or your identity) regarding your usage of this website or other medium (including any perceived violations of applicable law), in each case as may be permitted or required by applicable law, including as necessary to satisfy any request authorized by applicable law.

 

KIA is not obliged to monitor, screen, police or edit your use of this website or other medium, including postings you or others may make to this website (including, for greater certainty, User Content) although KIA may choose to do so in its sole discretion. KIA may take any and all actions it considers appropriate, in its sole discretion, if KIA becomes aware of any inappropriate uses of this website, including without limitation use that constitutes copyright infringement.

 

6. USE OF THIS WEBSITE

You may not, nor may you cause or assist another to:

 

(i) modify, reverse engineer, decompile, create derivative works from, or disassemble this website for any reason whatsoever, including for the purpose of creating a competitive product or service;

(ii) use this website in any manner that could damage, disable, overburden, impair, interfere with the security of, negatively affect the functioning of, or otherwise abuse, this website or any services, system resources, accounts, servers, networks, affiliated or linked websites connected to or accessible through this website (including without limitation uploading, posting or otherwise transmitting on this website any computer viruses, Trojan horses, worms or other files or computer programs which are potentially harmful, disruptive or destructive or that may impose an unreasonable or disproportionately large load on this website’s infrastructure);

(iii) use any robot, spider or other automatic program or Device, or manual process to monitor, copy, summarize, or otherwise extract information from this website in whole or in part;

(vi) use this website in any manner that may dilute or depreciate the name or reputation of KIA, its Marks (as defined within) or its affiliates or associates; or

(v) interfere with any other persons’ use and enjoyment of this website or of the internet generally.

 

7. HYPERTEXT LINKS

This website or other medium may contain hypertext links to other third-party websites, which are completely independent of this website or other medium. KIA makes no representations as to the accuracy, completeness or authenticity of the information contained in any such hypertext link and any hypertext link to another person or entity shall not in any manner be construed as an endorsement by KIA of such person's or entity's website, products or services. If you decide to visit any linked website, you do so at your own risk and it is your responsibility to take all protective measures to guard against viruses and other destructive elements. KIA is not responsible for any content of such third-party website.

 

Updated February 1, 2020