In these terms and conditions, the expressions we, us and our are a reference to Kia Motors Australia Pty Limited.?
Amendments to Terms and Conditions
This disclaimer set out in these terms and conditions does not attempt or purport to exclude liability arising under statute if, and to the extent, such liability cannot be lawfully excluded.?
We do not accept responsibility for any loss or damage, however caused (including through negligence), which you may directly or indirectly suffer in connection with your use of the Kia Australia Website or any linked website, nor do we accept any responsibility for any such loss arising out of your use of or reliance on information contained on or accessed through the Kia Australia Website.?
To the extent permitted by law, any condition or warranty that would otherwise be implied into these terms and conditions is hereby excluded. If legislation implies any condition or warranty, and that legislation prohibits us from excluding or modifying the application of, or our liability under, any such condition or warranty, that condition or warranty will be deemed included but our liability will be limited for a breach of that condition or warranty to one or more of the following: (a) if the breach relates to goods, (i) the replacement of the goods or the supply of equivalent goods, (ii) the repair of such goods, (iii) the payment of the cost of replacing the goods or of acquiring equivalent goods or (iv) the payment of the cost of having the goods repaired; and (b) if the breach relates to services, (i) the supplying of the services again or (ii) the payment of the cost of having the services supplied again; and if item (a) or item (b) is not permitted under applicable legislation, to the maximum extent permitted by applicable legislation.
You must ensure that your access to the Kia Australia Website is not illegal or prohibited by laws, which apply to you. You must take your own precautions to ensure that the process which you employ for accessing the Kia Australia Website does not expose you to the risk of viruses, malicious computer code or other forms of interference which may damage your own computer system. For the removal of doubt, we do not accept responsibility for any interference or damage to your own computer system which arises in connection with your use of the Kia Australia Website or any linked website. Whilst we have no reason to believe that any information contained on the Kia Australia Website is inaccurate, we do not warrant the accuracy, adequacy or completeness of such information, nor do we undertake to keep the Kia Australia Website updated.?
Copyright in the Kia Australia Website (including text, graphics, logos, icons, sound recordings and software) is owned or licensed by us. Other than for the purposes of, and subject to the conditions prescribed under, the Copyright Act 1968 (Cth) and similar legislation which applies in your location, and except as expressly authorised by these terms and conditions, you may not in any form or by any means:
Reproduce, copy, communicate to the public, store, distribute, print, display, perform, publish or adapt from any part of the Kia Australia Website; or Commercialise any information, products or services obtained from any part of the Kia Australia Website; Without our written permission.?
The Kia Australia Website includes registered trade marks owned by us (or our licensors) and trade marks that are the subject of applications for registration by us (or our licensors). You must not use any of our trade marks:
in or as the whole or part of your own trade marks or business name or company name; in connection with activities, products or services which are not ours; in a manner which may be confusing, misleading or deceptive; in a manner that disparages us or our information, products or services (including this web site).?
You must not authorise or assist any person to do any of the acts specified above.?
Unless we agree otherwise in writing, you are provided with access to this web site only for your personal use. You are authorised to print a copy of any information contained on this web site for your personal use, unless such printing is expressly prohibited. Without limiting the foregoing, you may not without our written permission on sell information obtained from this web site.?
Linked Web Sites
The Kia Australia Website may contain links to other websites. Those links are provided for convenience only and may not remain current or be maintained.
We are not responsible for the content or privacy practices associated with linked websites. You access linked websites at your own risk. We have not checked the accuracy or completeness of the information or the suitability of the content on any such linked websites.
You must make your own enquiries with the relevant third party direct before relying on the third party information or entering into a transaction in relation to any such linked websites. Our links with linked websites should not be construed as an endorsement, approval or recommendation by us of the owners or operators of those linked web sites, or of any information, graphics, materials, products or services referred to or contained on those linked websites, unless and to the extent stipulated to the contrary.?
We are subject to the National Privacy Principles in the Privacy Act 1988 (Cth). We can only obtain personal information from you via the Kia Australia Website if you choose to supply it to us by entering your information in the appropriate locations on the Kia Australia Website. The types of personal information that we may collect from you include your name, e-mail address, street address and your preferences for receiving commercial e-mail. If you do not provide this information to us we will not be able to provide the additional information that you have requested. We may use your personal information to:
send news, information about our activities and general promotional material, which we believe, may be useful to you; monitor who is accessing the Kia Australia Website or using services offered on the Kia Australia Website; and profile the type of people accessing the Kia Australia Website.
We utilise cookies which enable us to monitor traffic patterns and to serve you more efficiently if you revisit the site. A cookie does not identify you personally but it does identify your computer. You can set your browser to notify you when you receive a cookie and this will provide you with an opportunity to either accept or reject it in each instance.?
Your personal information may be shared with our related bodies corporate. We may engage third party contractors to perform services for us which involve the contractor handling personal information we hold. Where we engage third party contractors to perform services for us, we prohibit the third party contractor from using personal information about you except for the specific purpose for which we supply it.
We may disclose your personal information to a Kia dealer where you have requested particular information (such as pricing and availability of vehicles).?
From time to time we may form relationships with other organisations to bring you special offers, competitions, surveys and subscriptions and we may use other service providers in conducting our business. It may be necessary to disclose your personal information to these organisations and service providers.
We will not sell, rent or trade your personal information to a third party. Other than as set out above, we will not disclose your personal information unless:
the disclosure is permitted or required by law; you have consented to our disclosure of the information; or we believe that the use or disclosure is reasonably necessary to assist a law enforcement agency or an agency responsible for government or public security in the performance of their functions.?
We may transfer your personal information to foreign countries when we share your information with our related bodies corporate or service providers.?
We do not market to children knowingly or knowingly collect personal information about children without parental consent. Children should always ask a parent before sending any transmission over the Internet. Whilst we will make every reasonable effort to ensure that children's privacy and other rights are not compromised, it is ultimately the responsibility of parents to monitor their children's Internet usage.
We need your help in making sure your personal information is correct on our systems. Please e-mail us of any changes to your name, address, title, phone number, e-mail address or postal code. You have rights to access your personal information held by us subject to the provisions of the Privacy Act 1988 (Cth). If you would like more information about this, please contact our Privacy Officer by e-mail, or posted mail to the addresses on our website.?
If you wish to comment on or query this privacy statement, or if you wish to make an enquiry regarding any personal information relating to you which may be in our possession, contact us as described on our website.?
Security of Information
Termination of Access
We may terminate access to the Kia Australia Website at any time without notice. Our disclaimer will nevertheless survive any such termination.?
The laws in force in New South Wales govern these terms and conditions.