Liability
The following liability applies to you depending on the country in which you have your habitual residence:
Kia shall not be subject to any liability other than (1) liability for gross negligence or intent and (2) liability for culpably caused bodily harm or death.
17.2.1 To the fullest extent permitted by applicable law, Kia’s contractual and extra-contractual liability shall, irrespective of its legal ground (whether on warranty, contract, tort, negligence or otherwise, including for latent/hidden defects), for losses and damages arising out of or in connection with the provision of the Services or any delay or interruption in the provision of the Services, be limited as follows: (a) Kia shall be liable up to the amount of foreseeable damages typical for this type of contract due to a breach of material contractual obligations; (b) Kia shall not be liable due to a breach of any non-material contractual obligations nor for any slightly negligent breach of any other duty of care applicable; and (c) Kia shall not be liable for any special, indirect or consequential damages, including, but not limited to, loss of use, of data, of profits, of savings, of opportunity, of goodwill, as well as for claims from third parties (even if Kia has been advised of the possibility of such damage).
17.2.2 The aforesaid limitations of liability do not apply to (i) any mandatory statutory liability (such as liability for defective products), (ii) liability for personal injuries or death caused by any act or omission of Kia, (iii) any liability for fraud or gross negligence, or (iv) any other liability which cannot be limited or excluded by law. In addition, such limitations of liability shall not apply if and to the extent that Kia has assumed a specific guarantee.
17.3.1 Kia's contractual and statutory liability for damages caused by slight negligence shall, irrespective of its legal ground, be limited as follows: a) Kia shall be liable up to the amount of the foreseeable damages typical for this type of agreement due to a breach of contractual obligations; b) Kia shall not be liable for any indirect damage which may result from the use of the Services.
17.3.2 The aforesaid limitations of liability shall not apply to mandatory statutory liability, in particular to liability for gross negligence or wilful misconduct, harm caused to the natural rights of an individual or to liability for defective products. In addition, such limitations of liability shall not apply with respect to weaker parties in the meaning of section 433 (2) of the Czech Civil Code and if and to the extent that Kia has assumed a specific guarantee.
17.3.3 Sections
17.3.1 and
17.3.2 apply accordingly for Kia's liability for wasted expenditures.
17.3.4 You are obliged to take reasonable efforts for the prevention and minimisation of damages.
17.4.1 Kia's contractual liability for damages caused by slight negligence shall be limited as follows: (a) Kia shall be liable up to the amount of the foreseeable damages typical for this type of agreement due to a breach of contractual obligations; (b) Kia shall not be liable for any indirect damage which may result from the use of the Services; (c) Kia shall not be liable for any damage caused by a force majeure event (i.e. an event beyond Kia's control and which could not reasonably have been foreseen at the time of conclusion).
17.4.2 The aforesaid limitations of liability shall not apply to any mandatory statutory liability, in particular to liability for gross negligence and/or wilful misconduct, liability for defective products, and liability for personal injuries. In addition, such limitations of liability shall not apply if and to the extent that Kia has assumed a specific guarantee.
17.4.3 Sections
17.4.1 and
17.4.2 apply accordingly for Kia's liability for wasted expenditure.
17.5.1 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.
17.5.2 In the event of simple negligence, unless section
17.5.1 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.
17.5.3 You are obliged to take reasonable efforts for the prevention and minimisation of damages.
17.5.4 Kia is not liable for the use of camera / danger zone alerts prohibited under section 23 para. 1c of the German Road Traffic Act ("StVO").
17.5.5 TomTom Global Content B.V. is not liable for the use of camera / danger zone alerts prohibited under section 23 para. 1c StVO.
17.5.6 HERE Europe B.V. is not liable for the use of camera / danger zone alerts prohibited under section 23 para. 1c StVO.
17.6.1 To the fullest extent permitted by applicable law, Kia’s contractual and extra-contractual liability shall, irrespective of its legal ground (whether on warranty, contract, tort, negligence or otherwise, including for latent/hidden defects), for losses and damages arising out of or in connection with the provision of the Services or any delay or interruption in the provision of the Services, be limited as follows: (a) Kia shall be liable up to the amount of foreseeable damages typical for this type of contract due to a breach of material contractual obligations; (b) Kia shall not be liable due to a breach of any non-material contractual obligations, nor for any slightly negligent breach of any other duty of care applicable; and (c) Kia shall not be liable for any special, indirect or consequential damages, including, but not limited to, loss of use, of data, of profits, of savings, of opportunity, of goodwill, as well as for claims from third parties (even if Kia has been advised of the possibility of such damage).
17.6.2 The aforesaid limitations of liability shall not apply if and to the extent that Kia has assumed a specific guarantee. Nothing in these Terms of Use will limit or exclude Kia's liability for (i) death or personal injury resulting from Kia's negligence or the negligence of Kia employees or agents; (ii) wilful misconduct; (iii) breach of obligations deriving from public order rules; and (iv) any other case where Kia's liability may not be limited or excluded under applicable law.
17.7.1 Kia's liability for damages caused by slight negligence shall be limited as follows: (a) Kia shall be liable up to the amount of the foreseeable damages typical for this type of contract due to a breach of material contractual obligations; (b) Kia shall not be liable for the slightly negligent breach of any other applicable duty of care; (c) The aforesaid limitations of liability shall not apply if and to the extent that Kia has assumed a specific guarantee. Nothing in these Terms of Use will limit or exclude Kia's liability for (i) death or personal injury resulting from Kia's negligence or the negligence of Kia employees or agents; (ii) gross negligence or wilful misconduct; (iii) breach of obligations deriving from public order rules; and (iv) any other case where Kia's liability may not be limited or excluded under applicable law.
17.7.2 Section
17.7.1applies accordingly for Kia's liability for wasted expenditure.
17.7.3 You are obliged to take reasonable efforts for the prevention and minimisation of damages.
17.8.1 To the extent permitted under applicable mandatory law, Kia shall not be liable on any ground whatsoever for any damage arising from or in connection with the agreement for the provision of Services or the Services themselves. The foregoing shall not apply in case any liability results from gross negligence or wilful misconduct of Kia's executive management.
17.8.2 You are obliged to take reasonable efforts for the prevention and minimisation of damages.
17.9.1 Kia's contractual and statutory liability for damages caused by slight negligence shall, irrespective of its legal ground, be limited as follows: (a) Kia shall be liable up to the amount of the foreseeable damages typical for this type of contract due to a breach of material contractual obligations; (b) Kia shall not be liable for the slightly negligent breach of any other applicable duty of care; (c) Kia's liability shall be limited to NOK 5,000 per occurrence.
17.9.2 The aforesaid limitations of liability shall not apply to any mandatory statutory liability, including liability under the Norwegian Product Liability Act. In addition, such limitations of liability shall not apply if and to the extent that Kia has assumed a specific guarantee.
17.10.1 Kia shall not be liable for actual loss and/or loss of profits, unless it is caused by wilful misconduct on the part of Kia.
17.10.2 The aforesaid limitations of liability shall not apply to any mandatory statutory liability, in particular to liability for wilful misconduct, liability under the Polish Product Liability Act (Ustawa z dnia 12 grudnia 2003 r. o ogólnym bezpieczeństwie produktów), liability regarding dangerous products under the Polish Civil Code (Ustawa z dnia 23 kwietnia 1964 r. Kodeks Cywilny) and liability for culpably caused personal injuries.
17.11 Republic of Ireland
17.11.1 Kia is responsible to you for foreseeable loss and damage caused by Kia. If Kia fails to comply with these Terms of Use, Kia shall be responsible for loss or damage you suffer that is a foreseeable result of Kia breaking this contract or our failing to use reasonable care and skill, but we are not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable either if it is obvious that it will happen or if, at the time the contract was made, both we and you knew it might happen.
17.11.2 Kia does not exclude or limit in any way its liability to you where it would be unlawful to do so. This includes liability for death or personal injury caused by Kia's negligence or the negligence of its employees, agents or subcontractors or for fraud or fraudulent misrepresentation.
17.11.3 Kia is not liable for business losses. We only supply the Services for private use. If you use the products for any commercial, business or re-sale purpose, Kia will have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.
17.12.1 To the extent permitted by the applicable Slovak laws, Kia's contractual and statutory liability for damages (in particular, actual losses and loss of profit) shall, irrespective of its legal ground, be limited. Kia shall be liable for damages only up to the amount of the damages Kia foresaw, or which Kia could have foreseen as a possible result of the breach of Kia’s obligation, at the time of the execution of the contract, taking into account all the facts Kia knew or should have known by exercising due care.
17.12.2 The aforesaid limitations of liability shall not apply to any mandatory statutory liability. In addition, such limitations of liability shall not apply if and to the extent that Kia has assumed a specific guarantee.
17.12.3 You are obliged to take reasonable efforts for the prevention and minimisation of damages.
17.13.1 Kia does not limit its mandatory statutory liability, including but not limited to liability for wilful misconduct and liability for culpably caused personal injuries.
17.13.2 Section
17.13.1 applies accordingly for Kia's liability for wasted expenditure.
17.14.1 Kia shall not be liable for direct or indirect loss or damage, unless Kia has caused the loss or damage through wilful misconduct or gross negligence.
17.14.2 The aforesaid limitations of liability shall not apply to any mandatory statutory liability, in particular to liability for wilful misconduct, liability under the Swedish Product Liability Act (Produktansvarslagen), and liability for culpably caused personal injuries. In addition, such limitations of liability shall not apply if and to the extent that Kia has assumed a specific guarantee.
17.14.3 Sections
17.14.1 and
17.14.2 apply accordingly for Kia's liability for wasted expenditure.
17.14.4 You are obliged to take reasonable efforts for the prevention and minimisation of damages.
17.15.1 Kia is responsible to you for foreseeable loss and damage caused by Kia. If Kia fails to comply with these Terms of Use, Kia shall be responsible for loss or damage you suffer that is a foreseeable result of Kia breaking this contract or our failing to use reasonable care and skill, but we are not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if either it is obvious that it will happen or if, at the time the contract was made, both we and you knew it might happen.
17.15.2 Kia does not exclude or limit in any way its liability to you where it would be unlawful to do so. This includes liability for death or personal injury caused by Kia's negligence or the negligence of its employees, agents or subcontractors; for fraud or fraudulent misrepresentation; for breach of your legal rights in relation to the Services including the right to receive Services which are supplied with reasonable skill and care.
17.15.3 Kia is not liable for business losses. We only supply the Services for private use. If you use the products for any commercial, business or re-sale purpose, Kia will have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.