You are requested to read these terms and conditions carefully before accessing this website or other sites owned and/or hosted and/or maintained by Kia India Private Ltd. (‘KIN/us/we/our’), collectively referred to as ‘Website’.
These Terms and Conditions (the “T&C”) constitute a valid and binding agreement between KIN 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.
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 and/or sale and/or delivery of services / vehicle(s) manufactured and/or marketed by KIN.
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 KIN and/or its affiliates. KIN 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 KIN 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, KIN 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 KIN and/or KIN’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 KIN 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.
KIN respects the intellectual property of others, and we ask You to do the same. KIN has no responsibility for content on other websites linked to the Website that You may find or access. It is KIN'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 KIN and/or others.
4. Access to Information
You are solely responsible for all information entered through or electronically transmitted to KIN through the Website and accept that all such data transmissions are undertaken at Your own risk. By using the login service, You authorize KIN to access and retrieve information requested by You. You are solely responsible to protect the password to Your account on the Website and KIN 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 KIN by Your use of the Website or its associated services, You grant KIN 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. All information submitted to KIN via the Website shall be deemed and remain the property of KIN and KIN shall be free to use, for any purpose, any idea, concepts, know-how or techniques contained in the information You provided KIN through the Website. KIN shall not be subject to any obligations of confidentiality regarding submitted information.
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 KIN.
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 KIN's Website and systems including but not limited to unauthorized entry into KIN'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 shall 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 shall 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 KIN all of the license rights granted herein.
KIN does not endorse any user submission or any opinion, recommendation, or advice expressed therein, KIN expressly disclaims any and all liability in connection with user submissions. KIN does not permit copyright infringing activities and infringement of intellectual property rights on its Website. KIN will take requisite actions, if properly notified that such content or user submission infringes on another's intellectual property rights, including removal of such content. KIN reserves the right to remove content and user submissions without prior notice.
7. Links To Third Party Sites
Subscriptions and other services requiring payment generally require use of a valid credit card. Kia and its business partners reserve the right, in their sole discretion, to establish other acceptable alternative payment methods for specific services or products, including via mobile application. You are solely responsible for charges owed for all goods and services purchased through the site, including, but not limited to, applicable taxes, shipping charges, insurance, and any other costs. If You are making online payments of any kind, You represent and warrant to the best of Your knowledge that (a) any credit card, debit card and bank account information You supply is true, correct and complete, (b) charges incurred by You will be honored by Your credit/debit card company or bank, (c) You will pay the charges incurred by You in the amounts posted, including any applicable taxes, and (d) You are the person in whose name the card was issued and You are authorized to make a purchase or other transaction with the relevant credit card and credit card information. Furthermore, You agree and authorize us 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 (e.g., monthly or annual basis) for renewals, (iii) if necessary, obtain automatic updates from card issuers or financial institutions for cards or account information provided to us, (iv) 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 (v) 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 (such as by logging in to our account).
9. Call from KIN
You agree that by submitting the form (any enquiry or booking), You are explicitly soliciting a call from KIN or its partners on the phone number provided by You in order to assist You with the products and/or services offered by KIN. Further You consent to receive communications (including transactional, promotional and/or commercial) from Us with respect to your use of the website.
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. KIN 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. KIN cannot guarantee that any software or information downloaded from the Website is free from any or all viruses and KIN is not responsible for any loss or damage howsoever caused by the software and related codes, including viruses and worms. KIN 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 purposeThe use of this Website is entirely at Your own risk, and in no event will KIN 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 KIN or its authorized representative has been advised of the possibility of such damages.
You will not: (i) upload or otherwise post User Content with a commercial purpose, including, but not limited to, offers to sell products or services or attempts to solicit funds or to advertise products or services; (ii) post or upload User Content that constitutes or contains "affiliate marketing," "link referral code," "junk mail," "spam," "chain letters," "pyramid schemes," unsolicited commercial advertisement, behavioral or viral marketing, or other spam; (iii) email such User Content to other users who have not indicated in writing that it is okay to contact them about other commercial services, advertisements, products, or commercial interests; or (iv) post or upload User Content that includes links to commercial services or websites.
To the fullest extent permitted by law, KIN:
(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 KIN 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. CLASSIFIED ADVERTISEMENTS
Some of our websites may provide a forum (such as classified advertisements) in which non-Kia affiliated sellers and buyers may be connected. By engaging in transactions with buyers or sellers that You meet via one of our websites, You proceed solely at Your own risk and You agree that Kia is not responsible for any damages, losses, or injury that You might sustain as a result of Your transactions with such buyers and sellers. You should not engage in any transaction with a person with whom You are not comfortable or whom You suspect might be engaged in improper or questionable conduct. Please be aware that Kia, through certain of its websites, merely provides a forum in which buyers and sellers can connect. Neither Kia nor its websites posting classified advertisements facilitate any transaction, insure any transaction, or act as an intermediary, broker, or escrow agent in connection with such buyer-seller transactions.
You should be very careful before You send money to any person posting an advertisement on one of our sites. In particular, we urge You to use reputable and well-known money-transfer services and online merchant account services (such as Google Pay) when engaging in transactions with sellers of goods advertised on one of our websites. We urge You to proceed with extreme caution in using such money transfer services, and under no circumstances should You deliver cash to a money transfer service with instructions to disburse the funds to an alleged agent of Kia or the website on which the classified advertisement was posted. Again, neither Kia nor its websites posting classified advertisements act as a transaction intermediary or escrow agent, and You should not do business with any buyer or seller who directs You to work with an employee or agent of Kia or the applicable website in completing the transaction.
You agree to indemnify and hold harmless KIN, 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.
14. Termination/Access Restriction
KIN 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 KIN shall not be liable to You for the same in any manner whatsoever.
15. 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 , as applicable under the requisite laws.
16. Independent Contractors
You acknowledge that Your usage of the Website does not constitute a joint venture, partnership, employment or agency relationship between You and KIN.
17. 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.
Any notice, request or other communicationrequired to be given under these terms and conditions shall be servedpersonally or mailed to KIN by registered post or courier and in addition bye-mail at the following address:
Kia India Pvt. Ltd.
16th Floor, Two Horizon center, Golf Course Road,
DLF Phase-V, Sector 43, Gurugram,