Legal & Privacy Statement
Last Update: [03/24/19]
Copyright ©2013 Kia Canada Inc. (“Kia”). All rights reserved. Any unauthorized use of these materials may subject you to penalties or damages. By accessing, browsing or using this website (“Site”), you are agreeing to the terms and conditions contained in the present document (“Legal & Privacy Statement”). If you do not agree with the terms and conditions of this Legal & Privacy Statement, you must cease use of this Site. If you breach any provision of this Legal & Privacy Statement, then you may no longer use this Site. You are granted a non-exclusive, non-transferable, non-sub-licensable, revocable, limited license to display and review this Site on your computer or mobile device, and to print, download and use the messages, information, data, text, software, images and other content on this Site, solely for informational purposes solely for your own personal use.
Kia reserves the right to change its Legal & Privacy Statement from time to time. If Kia exercises this right the “Last Update” notice at the top of this document shall be amended to reflect the last date of such changes. Changes will be effective as of the date the changes to this Legal & Privacy Statement are posted to this Site. If any change to this Legal & Privacy Statement is not acceptable to you, you must discontinue your use of this Site immediately. Your continued use of this Site after any such changes are posted will constitute acceptance of those changes.
This Legal & Privacy Statement and your use of this Site 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 this Legal & Privacy Statement or your use of this Site shall be commenced exclusively in the courts of the Province of Ontario, sitting in the City of Toronto.
The Kia mark and design are registered trademarks. These trademarks and other Kia names, logos and service marks may not be modified, and they may not be used, downloaded, copied or distributed in any way except as an integral part of an authorized download, copy or transmission of material on this Site. You agree to comply with all copyright laws worldwide in your use of this Site and to prevent any unauthorized copying, redistribution, reproduction or modification of this Site or any of Kia’s content. No license to any intellectual property has been granted by this Site except as first noted above.
The purchase or lease of a Kia vehicle is transacted through an independent automobile dealer authorized by Kia (each, a “Dealer”) and is governed exclusively by the terms and conditions of the agreement entered into between you and the applicable Dealer. The Dealers are not affiliates of Kia. Accordingly, any purchase or lease you make is exclusively between you and the Dealer, and not with Kia.
Any financial services and promotional sales programs on this Site are only available through the Dealers, and in the case of regional programs which may not be on this Site, through the Dealers in the region. The Dealer that you select from this Site 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 Site 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 Site at any time without notice to you.
Limitation of Liability
Although Kia will make all reasonable efforts to provide accurate information on this Site, there is no guarantee of accuracy and Kia does not assume any liability for the accuracy or completeness of information presented on this Site. All information contained on this Site is for informational purposes only and in no way constitutes an offer to buy or sell Kia vehicles. This Site shall not be used or relied upon by any visitor as a substitute for information available from their local Kia Dealer. Your use of this Site 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.
You acknowledge and agree that this Site is provided on an “AS IS” basis and that any use of or reliance on this Site 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 Site (including the content or User Content (as defined below)). For greater certainty, Kia does not warrant that this Site 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 Site or any product or service described or provided on this Site, including the use of any hypertext links.
User Submissions (solicited and unsolicited)
(a) Subject to any applicable law and the requirements of the Kia privacy obligations below:
(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 Site 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 obligations below), 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.
(b) Users of this Site may be permitted to submit or post discussions, questions, images, comments, reviews or other information (“User Content”) to this Site. 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 Site, and that you will comply with all laws that apply or may apply to your use of or activities on this Site. 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 Site (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.
(c) Kia is not obliged to monitor, screen, police or edit your use of this Site, including postings you or others may make to this Site (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 Site, including without limitation use that constitutes copyright infringement.
Use of this Site
You may not, nor may you cause or assist another to:
(a) modify, reverse engineer, decompile, create derivative works from, or disassemble this Site for any reason whatsoever, including for the purpose of creating a competitive product or service;
(b) use this Site in any manner that could damage, disable, overburden, impair, interfere with the security of, negatively affect the functioning of, or otherwise abuse, this Site or any services, system resources, accounts, servers, networks, affiliated or linked sites connected to or accessible through this Site (including without limitation uploading, posting or otherwise transmitting on this Site 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 Site’s infrastructure);
(c) use any robot, spider or other automatic program or device, or manual process to monitor, copy, summarize, or otherwise extract information from this Site in whole or in part;
(d) use this Site in any manner that may dilute or depreciate the name or reputation of Kia, its Marks (as defined below) or its affiliates or associates; or
(e) interfere with any other persons’ use and enjoyment of this Site or of the Internet generally.
This Site may contain hypertext links to other sites, which are completely independent of this Site. 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 site, products or services. If you decide to visit any linked site, 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 shall is not responsible for any content of such third party site.
If you are not already a customer of Kia, Kia may seek from you within this Site or otherwise certain personal information, and in particular your contact information, for the purpose of sending product brochures or promotional materials and facilitating the provision of certain services such as booking a test drive with one of our authorized Kia Dealers or applying for one of Kia’s finance/lease programs. Information such as name, mailing address, e-mail address, and any additional information you provide, is collected by Kia and is used to process your request. Kia will retain your personal information until such time as you unsubscribe from receiving such communications. By providing this information to Kia, you consent to the use and disclosure of the personal information as described in this policy.
If you are already a customer of Kia, then the personal information you provided at the time of your vehicle purchase or lease and any subsequent personal information you provide through this Site or otherwise is used by Kia to improve the services we provide to you as well as for the purpose of sending product brochures or promotional materials. Kia may use your personal contact information to notify you of any promotional offers or product information, such as Kia newsletters, and service reminders. Kia may also use your personal contact information to communicate and administer any safety and recall notices; warranty, maintenance, service and Roadside Assistance program; and generate statistical and aggregate data that may identify you personally. Similarly, to improve our delivery of products, services, and information, from time to time, Kia may ask you to reply to vehicle ownership satisfaction surveys directly or indirectly through marketing companies such as DMT Development Systems Group Inc., J.D. Power and Associates and Maritz Research. Kia will retain your personal information for the purpose of sending product brochures or promotional materials until such time as you unsubscribe from receiving such communications. For all other purposes described in this policy, Kia will retain your personal information for 25 years from the moment of your vehicle purchase or lease.
If you prefer that we do not use your personal contact information for promotional offers, product information or marketing surveys, please advise us by contacting Kia’s Privacy Officer at firstname.lastname@example.org or telephone (1.877.542.2886) and confirming your Vehicle Identification Number (VIN).
Any non-identifiable information gathered by Kia through your use of this Site may be used by Kia for its own marketing, promotional and product development purposes and more specifically may be stored in a database and used by Kia to identify, customize and personalize user access, and assess utilization of this Site. Such information may be shared among Kia and its affiliates, suppliers, licensors, partners and clients in furtherance of the forgoing purposes.
Your information is never sold, given or disclosed to any third parties except to our authorized Kia Dealers in your market, our service providers for the purposes of storage and/or management of data and marketing companies such as DMT Development Systems Group Inc., J.D. Power and Associates and Maritz Research who conduct market research on our behalf. Under no circumstance do we sell your personal information to anyone. Kia will disclose personal information where required by law.
Kia is obligated to protect your personal information by making reasonable security arrangements against such risks as unauthorized access. Kia has implemented security safeguards that are appropriate to the sensitivity of the information that we collect, use and disclose. Your personal information will be stored at the premises located at the address mentioned below and access will be limited to the employees who need access within their duties. Some of your personal information may also be stored in servers located in the United States of America. In this case, local tribunals and legislation will have jurisdiction over the access to that personal information.