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MyKia Terms of Use

  • 1. Scope of these Terms of Use, Contracting Parties


    1.1 Scope of these Terms of Use
    These terms of use ("Terms of Use") apply to the use of the MyKia Web-based application available [link], which provide you with the opportunity to access, via internet by means of access through browser, various functions as described in section 4 ("MyKia WebApp").

    1.2 Contracting parties
    The MyKia WebApp is made available by [NSC], registered under the registration number [TBA], [registered address] ("Kia"; "we"; "us"; "our"), to the user of the MyKia Web App ("User" or "you").

    1.3 Conclusion of Contract
    By downloading and/or installing and/or web-based use of the MyKia WebApp, the User agrees to these Terms of Use and recognizes them as binding without restriction. Kia does not recognize any general terms and conditions of business or contract of the User that conflict with or deviate from these terms of use, unless their validity is expressly agreed between Kia and the User in writing.

  • 2. Contact Details


    2.1 Contact with [NSC]

    2.2 If you have any questions about or in connection with these Terms of Use or MyKia WebApp, you may contact us at:

    [NSC company name]
    Ordinary mail: [address]Theodor-Heuss-Allee 11, 60486 Frankfurt am Main
    Phone number: [phone number]
    Telefax number [telefax number].

    2.3 Contact for customer support
    For customer support, please visit our contact form: [link to contact form if any].

    2.4 Data protection inquiries
    For contact details for data protection inquiries and information regarding the personal data collected and processed in connection with MyKia WebApp, please refer to our [MyKia WebApp Privacy Notice] that you can access under: [link]

  • 3. Use of MyKia WebApp and Prerequisites


    3.1 Internet Connection
    The use of the MyKia WebApp requires internet access or other telecommunications services. These Terms of Use do not apply to the telecommunications services required to use of the MyKia WebApp. These are subject to a separate agreement (including charges) with the provider of your telecommunications services.

    3.2 Kia Account
    3.2.1 The usability of the MyKia WebApp requires that you possess a valid Kia Account before registering for MyKia Web App.
    3.2.2 Kia Account is subject to a separate agreement available on the [Kia Account link terms of use] as well as to the privacy policy of Kia Account available on the [Kia Account link].

    3.3 Transmission of Geodata
    For fully using individual functions of the MyKia WebApp, a transmission of geodata may be required. The geodata will only be transmitted if the User has agreed to it before.
    For being able to use the Google Maps functionality in the MyKia WebApp, the User accepts the terms and conditions of use as well as the privacy policy of Google that can be read under the following links:
    https://www.google.com/intl/en/policies/terms
    https://www.google.com/policies/privacy

  • 4. Funtions


    My Kia WebApp enables Users, in particular, the following:

    4.1 Garage
    In the “Garage” section of the MyKia WebApp, we will display to you certain details about your vehicle and provide you with a timeline regarding upcoming services and MOT tests. This section also allows you to add vehicles or to remove vehicles to your MyKia WebApp account. Based on the Vehicle Details available to us, we will calculate the estimated annual mileage of the relevant vehicle and provide you with (recommended) timelines for future services and MOT tests.

    4.2 Schedule
    4.2.1 When you are logged into the MyKia WebApp, you can use certain features for the purpose of scheduling services and appointments in the “Schedule” section. The feature “service appointments” allows you to request a service for your vehicle with a workshop or dealer and to provide additional information (e.g. drop off time/preferred time slot; services; additional repairs; selection of offers and promotions; transportation options) (“Online Service Bookings”).
    4.2.2 In the “Schedule” section, we also provide you with the status of your Online Service Bookings (i.e. confirmed, pending, cancelled). Furthermore, you can edit and cancel upcoming Online Service Bookings and we will display to you information about past service appointments.
    4.2.3 If you visit the MyKia WebApp as a guest and wish to make an Online Service Booking without signing-up to or logging into the MyKia WebApp, the above applies accordingly, except that you will not be able to see the status of your Online Service Booking, edit and cancel upcoming service appointments via the MyKia WebApp or see an overview of your past service appointments.

    4.3 MyProfile
    In the “MyProfile” section of the MyKia WebApp, you can access and edit your Personal Details and Contact Details (except for your email address) and you can manage your marketing related consents. Furthermore, you can also end your MyKia WebApp membership / contract, by clicking on “End MyKia Membership” in the “MyProfile” section.

    4.4 MyDealer & MyWorkshop
    In the “MyDealer” and the “MyWorkshop” sections of the MyKia WebApp, you can view details about and change the selection of your preferred workshop and dealer.

    4.5 Recall Campaign Notifications
    We will inform you about open recall campaign(s) on your vehicle; to do so, we will use the separate inbox within MyKia WebApp (“MyKia Inbox”). Recall campaign notifications may also be sent to you by other means (e.g. within the Kia Connect App, via email to your registered email address or by mailed letter).
    Please note that absence of a recall notification in MyKia Inbox does not mean that no action is required.

    4.6 News & Offers
    In the “News & Offers” section of the MyKia WebApp, we provide an interactive way of displaying the latest news, trends and campaigns to you. You can select and edit your preferences regarding the relevant topics, and you can download vouchers (if available).

    4.7 [TO BE ADDED- depending on functions available in local version of MyKia WebApp]

  • 5. Content Provided


    5.1 The content presented, including indicated prices, in this MyKia WebApp serves informational purposes only and is, unless required otherwise by law, not binding.

    5.2 Technical changes in design and equipment are subject to changes without notice. The colors displayed are largely dependent on the attitudes and characteristics of your device and your graphics card. Differences between the reality and the display, especially regarding exterior colors, cannot be excluded.

    5.3 Content of MyKia WebApp can be changed at any time.

  • 6. Copyright


    6.1 The entire content of MyKia WebApp is the property of Kia, its direct or indirect subsidiaries or affiliated companies (hereinafter collectively referred to as "Kia Group") or its third-party licensors and is protected by applicable copyright laws with all rights reserved.
    All rights in MyKia WebApp the underlying software, the content and arrangement are owned by Kia Group and its licensors. You must not sell, distribute, publish, broadcast, circulate or commercially exploit MyKia WebApp in any way without our express written consent.
    You may not reproduce (in whole or in part), transmit (by electronic means or otherwise), modify, display, redeliver, license, link or otherwise use MyKia WebApp for any public or commercial purpose without our prior permission.

    6.2 Nothing in these Terms of Use shall be construed as granting any licence or right to use any image, trademark, service mark or logo, all of which are the property of Kia Group.
    Kia Group reserves all rights with respect to its proprietary information or material in connection with the MyKia WebApp and will enforce such rights to the full extent of applicable copyright and trademark laws.

  • 7. User Obligations and Restrictions


    7.1 General obligations
    You must comply with all applicable laws and respect the rights of third parties when using the MyKia WebApp.

    7.2 Prohibited use and other impermissible activities
    7.2.1 You may only use MyKia Web App for the purposes and within the limits described in these Terms of Use.
    7.2.2 You may not use MyKia WebApp while driving so that you are not distracted from driving, traffic, and traffic incidents. You must comply with all applicable traffic regulations.
    7.2.3 You may only use your login credentials for the MyKia WebApp to log into the MyKia WebApp.
    (a) You are not permitted to
    (i) share your login credentials with other users of your vehicle, or
    (ii) share your login credentials with any third party such as providers of third-party apps or other software, or
    (iii) use your login-credentials in connection with non-Kia software, or
    (iv) use your login credentials to connect any third-party service to Kia's systems, such as the MyKia back-end.
    (b) Incompliance with the above limitations may result in, and Kia disclaims all liability for, misuse of the login credentials by the third parties to whom the credentials were provided.
    Furthermore, Kia has no control over the (onward) processing of data obtained by third parties using your login credentials.

    7.3 Consequences of violations
    Any violation of the obligations and restrictions in this section 7 may result in the temporary suspension of the provision of MyKia WebApp. Kia will generally inform you about the intention to suspend the provision of MyKia WebApp and the duration of the suspension in advance, unless immediate suspension is necessary to prevent harm to Kia, MyKia WebApp, the network or other customers. The duration of the suspension shall be determined by Kia at its reasonable discretion based on the severity of the violation and the resulting risks for Kia, MyKia WebApp the network or other customers. In case of repeated violations, Kia may terminate the Terms of Use for cause pursuant to section 12.3.

  • 8. Fees


    MyKia WebApp is made available free of charge to the Users.

  • 9. Availability


    9.1 We reserve the right to temporarily or permanently deactivate access to MyKia WebApp in whole or in part in so far as this is necessary to ensure the security or stability of the MyKia WebApp for all users or to ensure compliance of the MyKia WebApp with mandatory legal requirements.

    9.2 The provision and use of the MyKia WebApp may be subject to restrictions beyond the scope of our control with regard to the current state of the art. In particular, this relates to the availability of the data connections provided by carriers. In individual cases, the non-availability of the network can lead to the MyKia WebApp not being available as the necessary data transfer cannot occur.
    In addition, short-term capacity bottlenecks can arise from peak loads on the MyKia WebApp, wireless and fixed networks and on the internet.

    9.3 Disruptions can also arise due to force majeure, including pandemic and epidemic diseases, strikes, lockouts and official orders, and on account of technical and other measures (e.g. repairs, maintenance, software updates and extensions) necessary on our systems or those of downstream or upstream providers, content providers and network operators, which are necessary for the proper or improved performance of the MyKia WebApp.

    9.4 Where access to My Kia WebApp is deactivated, restricted or disrupted as described in this section 9, to the extent possible we will contact you in advance to inform you of this and give a reason for the deactivation, restriction or disruption.

  • 10. Third-party Links, Services and Websites


    My Kia WebApp may include information and content provided by third parties, including links to third-party websites, resources, and/or goods and services. Kia is not responsible and will not be liable for any damage or losses caused by or relating to, (i) any content, advertising, products, or other materials on or available from such sites or resources, (ii) the availability of or any errors or omissions in such websites or resources, or (iii) any information handling practices or other business practices of the operators of such sites or resources. Your interactions with such third parties will be governed by the third parties’ own terms of service and privacy policies, and any other similar terms.

  • 11. Data Protection


    For information on how we collect and process personal data in connection with the provision of MyKia WebApp, please refer to our MyKia Web App Privacy Notice available here: [LINK].

  • 12. Term, Termination


    12.1 This agreement commences once accepted by you and it runs for indefinite period.

    12.2 This agreement can be terminated by either party any time. You may terminate the agreement in MyKia WebApp in the section “MyProfile” by clicking on “End MyKia Membership”. If we decide to terminate the agreement, we will send you a termination notice in text form.

    12.3 Either party's right to terminate for good cause remains unaffected. A good cause for termination by Kia exists in particular in case of repeated violations of the user obligations under the prerequisites of section 7.3.

    12.4 Furthermore, in the event of the reversal of the purchase agreement for a vehicle, the reacquisition or other withdrawal of the vehicle by the relevant dealer, the termination of a leasing agreement, the sale of the vehicle to a third party, theft or total damage beyond repair, each party is entitled to the termination of the access to MyKia WebApp with regard to the vehicle concerned.

    12.5 Either party's statutory termination rights remain unaffected.

  • 13. Changes to MyKia WebApp; Change to the Terms of Use


    13.1 Changes to the MyKia WebApp
    Kia reserves the right to make reasonable changes to MyKia WebApp. In particular, we occasionally make legally required updates, which are changes that keep our MyKia WebApp compliant with applicable law. We may also make these updates to our MyKia WebApp for security reasons and to ensure that they meet expected quality standards (e.g. those described section 17 on the Statutory Warranties).
    Furthermore, we may change our MyKia WebApp for the following additional reasons:
    • to adapt to new technologies;
    • to accommodate an increase or decrease in the numbers of users of the MyKia WebApp;
    • to adapt to import changes in licenses or partnerships with third parties; and
    • to prevent abuse or damage.

    13.2 Changes to the Terms of Use
    Kia shall make an offer for changes to these Terms of Use to you by displaying them in the MyKia WebApp no later than two months before the proposed new Terms of Use are to enter into force. The changed Terms of Use shall only become effective if you accept them by clicking the corresponding "accept" button in the MyKia WebApp. If you do not agree to a change in the Terms of Use, we reserve the right to terminate this agreement in accordance with Section 12.
    If you do not accept the proposed changed Terms of Use, we reserve the right to terminate the agreement in accordance with Section 12.

  • 14. Miscellaneous


    14.1 All agreements between Kia and you are concluded in the local language version. After the conclusion of the respective agreement, the text of the agreement will be available for you in the MyKia WebApp.

    14.2 These Terms of Use are the entire agreement of the parties with respect to the subject matter of the use of MyKia WebApp and supersede all prior agreements, written or oral, between the parties with respect to the subject matter.

    14.3 Deviating, conflicting or supplementing terms and conditions of the User shall only govern the use of the MyKia WebApp if explicitly accepted by us in writing.

    14.4 Any amendments and additions to the Terms of Use as well as notifications necessary for their execution require text form (including email, fax or confirmation in the Head Unit) to be effective. This text form requirement can only be overruled in text form.

    14.5 We are entitled to assign our rights and duties under this agreement to another service provider either in full or in part by providing 6 weeks' notice to you. In this case, however, you shall be entitled to terminate the agreement within one month after receipt of the written notification effective at the time of the intended assignment of the agreement to the company which is taking over from Kia in the agreement. We shall expressly inform you of this right of termination in the written notification.
    For the avoidance of doubt, this right is without prejudice to your right to terminate the Terms of Use and thereby the right to use the MyKia WebApp at any time as stipulated in section 12.2.

  • 15. Customer Service / Complaints


    15.1 You may use the contact details set out in section 2 above in case of questions or complaints.

    15.2 The European Commission provides a website for online dispute resolution, dedicated to helping consumers and traders resolve their disputes out of court, available at http://ec.europa.eu/consumers/odr/.
    Kia does not and is not obligated to participate in alternative dispute resolution procedures before an alternative dispute resolution entity for consumers.

  • 16. Instructions on the Right of Withdrawal


    If you are a consumer (i.e. a natural person who places the order for a purpose that cannot be attributed to your commercial or self-employed professional activity), you have a right of withdrawal in accordance with the statutory provisions with regard to this agreement on the provision of MyKia WebApp.

    16.1 Right of withdrawal
    You have the right to withdraw from this contract within fourteen days without giving any reason.
    The withdrawal period will expire after 14 days from the day of the conclusion of the contract.
    To exercise the right of withdrawal, you must inform us ([company name] [address], , telephone number: [tel. num] and email address: [email]) of your decision to withdraw from this contract by making an unequivocal statement (e.g. a letter sent by post or email).
    You may use the attached model withdrawal form, but it is not obligatory. You can also fill in and submit the model withdrawal form or any other unequivocal statement electronically on our website at [LINK]. If you use this option, we will communicate to you an acknowledgement of receipt of such a withdrawal on a durable medium (e.g. by email) without delay.
    To meet the withdrawal deadline, it is sufficient for you to send the communication concerning your exercising of the right of withdrawal before the withdrawal period has expired.

    16.2 Effects of withdrawal
    If you withdraw from this contract, we shall reimburse to you all payments received from you, including the costs of delivery (with the exception of the supplementary costs resulting from your choice of a type of delivery other than the least expensive type of standard delivery offered by us), without undue delay and in any event not later than 14 days from the day on which we are informed about your decision to withdraw from this contract.
    We will carry out such reimbursement using the same means of payment as you used for the initial transaction, unless you have expressly agreed otherwise; in any event, you will not incur any fees as a result of such reimbursement.

    16.3 IMPORTANT NOTE: Expiration of the right of withdrawal
    In the case of contracts for the supply of digital content that is not supplied on a tangible medium, the right of withdrawal also expires under the following conditions:
    16.3.1 In the case of a contract which does not oblige you to pay a price if Kia has begun with the performance of the contract;
    16.3.2 In the case of a contract which obliges you to pay a price, if:
    (a) Kia has begun with the performance of the contract,
    (b) you have provided prior express consent that Kia shall begin the performance of the contract before the expiry of the withdrawal period,
    (c) you have acknowledged that with your consent pursuant to section (b), you lose your right of withdrawal with the commencement of the performance of the contract; and
    (d) Kia has provided you with confirmation in accordance with section 312f German Civil Code (Bürgerliches Gesetzbuch, "BGB").

    16.4 Model Withdrawal Form
    (Complete and return this form only if you wish to withdraw from the contract)
    • To [Company name], [address], email address: [email]:
    • I/We (*) hereby give notice that I/we (*) withdraw from my/our (*) contract for the provision of the following service (*),
    • Ordered on (*) / received on (*),
    • Name of consumer(s),
    • Address of consumer(s),
    • Signature of consumer(s) (only if this form is submitted on paper),
    • Date
    (*) Delete as appropriate.

  • 17. Statutory Liability for Defects


    If you are a consumer, you have the statutory defect liability rights for digital products as well as any additional rights defined in these Terms of Use. The statutory defect liability rights will become statute-barred two years after provision of the respective digital product; in cases of continuous supply, the claims will not become statute-barred prior to the expiry of 12 months following the end of the supply period.

  • 18. Liability


    18.1 Kia shall be liable in accordance with the statutory provisions for intent and gross negligence on the part of Kia, its legal representatives, executive employees or other vicarious agents. The same applies in the case of violation of a guarantee (e.g. in the sense of sections 444 or 639 BGB (Bürgerliches Gesetzbuch, German Civil Code), or other strict liability as well as claims under the Product Liability Act (Produkthaftungsgesetz) or in case of injury to life, body or health.

    18.2 In the event of simple negligence, unless section 18.1 applies, Kia shall be liable only for the breach of material contractual obligations, i.e. such obligations which make the proper fulfilment of the contract possible in the first place and on which the customer was entitled to rely or whose culpable non-fulfilment jeopardises the achievement of the purpose of the contract, in this case, however, limited to the amount of the foreseeable damage that may typically arise, the occurrence of which Kia had to expect at the time of conclusion of the contract on the basis of the circumstances known at that time.

    18.3 You are obliged to take reasonable efforts for the prevention and minimisation of damages.

    Effective from [EXACT DATE] 2024