LOCAL LAW AMENDMENTS
The table below contains specific local law amendments depending on the country in which you are habitually resident.
Belgium
Section 6.1 last sentence shall be amended as follows:
Without prejudice to mandatory rights under applicable law, you may not reproduce (in whole or part), transmit (by electronic means or otherwise), modify, display, redeliver, license, link or otherwise use the Services for any public or commercial purpose without our prior permission.
Section 13.5 paragraph 1 shall be amended as follows:
We are entitled to assign our rights and duties under this agreement either in full or in part to another service provider by providing 6 weeks’ notice to you without your approval, provided that this assignment does not diminish your guarantees as a consumer.
Section 15 shall be amended as follows:
You expressly agree that the execution of the contract begins upon your agreement, on the day on which you register for the Kia Account (in the case of the Kia Connect App). Furthermore, you accept the Terms of Use applicable at the time and therefore accept and acknowledge that you lose your right of withdrawal with regard to the agreement / contract, in accordance with Article VI.53,13 of the Belgian Code of Economic Law.
Bulgaria
Section 12.2 paragraph 2 shall be deleted and replaced as follows:
Kia shall make an offer for changes to these Terms of Use to you by telephone, electronic mail or via postal mail to a postal address provided by the consumer, and by displaying them in the Kia Connect App and/or in the vehicle's Head Unit 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 Kia Connect App or in the Head Unit. If you do not accept the proposed changes to the Terms of Use, you may (i) terminate the contract governed by the Terms of Use, or (ii) continue its performance under the version of the Terms of Use effective prior to the amendments.
Section 13.5 shall be supplemented as follows:
In case of assignment as per the preceding sentence, Kia undertakes to secure that any warranties provided to you will remain valid and unchanged.
Section 15.3.1 shall be deleted and shall not apply.
Section 16 shall be deleted and replaced as follows:
If you are a consumer, we shall be liable to you for any non-compliance of a Service (provided under these Terms of Use) with the contract and which existed at the time of provision of the Service and manifested within two years after provision of the Service. The consumer shall notify Kia of any non-compliance no later than 14 days after the non-compliance with the contract was detected. Failure to do so voids Kia’s liability.
Cyprus
Section 15.3.2 paragraph 4 shall be replaced as follows:
“Kia has provided you with confirmation in accordance with Section 27(m)(iii) of the Consumer Protection Law 112(I)/2021.”
Czech Republic
Section 3.7 shall be added and shall read as follows:
Provision of the Services and Upgrades
Unless agreed otherwise, we provide you the Services and Upgrades after the conclusion of the contract.
If we do not fulfil our obligation to provide the Services and Upgrades, you as a consumer have the right to withdraw from the contract if we fail to provide the Services and Upgrades without undue delay after you notify us of the fact or within an additional period which we have mutually and expressly agreed upon. You may withdraw from the contract before the agreed additional period has elapsed only if it is explicitly evident from our statement or the circumstances that we will not provide the Services or Upgrades, or if it is clear at the time of concluding the contract or from the circumstances at the time of the contract’s conclusion that the contract’s performance within the specified time is required.
Section 5.5.2 shall be deleted.
Section 8.0 shall be added and shall read as follows:
Most of the Services are provided free of charge. However, some of the Services and Upgrades are subject to a fee which is specified for each individual Service or Upgrade in the Kia Connect App or in the Head Unit. The fee is final and includes all charges and taxes.
Section 8.1 shall be deleted and replaced as follows:
The Services provided free of charge to the users of a specific vehicle (as identified by its respective VIN) are provided for a period of 7 years. This 7-year period commences on the day that the vehicle’s warranty period starts.
If the vehicle is sold and registered to a new owner during the free service period, the new owner may choose to use the Services free of charge during the remainder of the free service period by activating the Services in their own name. The free service period remains unaffected by any subsequent sale and registration after the initial sale, i.e. the free service period is neither interrupted nor extended by a subsequent sale and/or registration of the vehicle.
Section < 848> shall be deleted and replaced as follows:
Kia reserves the right to make necessary changes to the Services. We occasionally make changes to our Services to maintain their compliance with applicable legislation. We may also make changes to our Services for security reasons and to ensure that they meet quality standards (e.g. those described in Section
16 on the Statutory Liability for Defects).
Kia reserves the right to make reasonable changes to the Services. Provided that reasonable changes do not create additional costs for you and that we notify you in advance about such changes, we may change our Services for the following additional reasons:
to adapt to new technologies;
to accommodate an increase or decrease in the numbers of users of the Services;
to adapt to important changes in licenses or partnerships with third parties; and
to prevent abuse or damage.
If the reasonable changes significantly impair your ability to access or use the Services, we will notify you in writing within a reasonable time before the change takes effect. This notification will inform you of the nature of the change, the time of its implementation and your right to terminate the contract without penalty within thirty days of the date on which you were notified of the change or the date on which the Services were changed, whichever is later.
Section 13.0 shall be added and shall read as follows:
Before you create your Kia Connect account or before you submit an order for the Services or Upgrades, you can correct errors in your information. You can also correct or change certain information later on in your Kia Connect account.
Section 13.1 shall be deleted and replaced as follows:
All agreements between Kia and you are concluded in the Czech language version. After conclusion of the respective agreement, the text of the agreement will be provided to you in the confirmation email. We also store the concluded agreements for the applicable retention period stipulated by law.
Section 14.2 shall be deleted and replaced as follows:
We are subject to the supervision of the following authorities: (a) in the area of consumer protection in the Czech Republic by the Czech Trade Inspection Authority, and (b) in the area of personal data protection by "Der Hessische Beauftragte für Datenschutz und Informationsfreiheit", Gustav-Stresemann-Ring 1, 65189 Wiesbaden, phone: +49 (0)611-1408 0, email: poststelle@datenschutz.hessen.de, and in the Czech Republic by the Data Protection Authority. You are entitled to lodge a complaint with any of the relevant supervisory authorities.
Section 14.3 shall be added and shall read as follows:
If you are a consumer, you may also use the out-of-court dispute resolution system before the Czech Trade Inspection Authority (www.coi.cz). Information on out-of-court dispute resolution is available on the website: www.coi.cz/informace-o-adr/. In addition, you can use the online dispute resolution system before the European Commission, which is available on the website: https://ec.europa.eu/consumers/odr/main/index.cfm?event=main.home2.show&lng=CS
Section 15.3.2 shall be deleted and replaced as follows:
In the case of a contract which obliges you to pay a price, if
Kia has begun with the performance of the contract with your prior express consent before the expiry of the 14-day withdrawal period,
you have acknowledged that with your consent, you will lose your right of withdrawal; and
Kia has provided you with confirmation in accordance with Section 1824a (1) (2) of Act No. 89/2012 Coll., the Civil Code, as amended.
Section 16 shall be deleted.
Section 16.1 shall be added and shall read as follows:
The Services and Upgrades are subject to statutory defect liability rights as per the applicable provisions of Act No. 89/2012 Coll., the Civil Code, as amended. If you are a consumer, the following Sections 16.2 to 16.12 apply to you.
Section 16.2 shall be added and shall read as follows:
We are liable for failing to fulfil our obligation of providing the Services and Upgrades to you free of defects for the respective period (see Section 16.8). In particular, we are liable for failing to fulfil our obligation to ensure that the Services and Upgrades:
correspond to the agreed description and scope, and to the quality, functionality, compatibility, interoperability and other agreed characteristics;
are suitable for the purpose for which you require them and to which we have agreed; and
are provided with the agreed accessories and instructions for use, including installation instructions and user support.
We are also liable for failing to fulfil our obligation to you that, in addition to the agreed features, the Services and Upgrades:
are fit for the purpose for which such digital content is normally used, including with respect to the rights of third parties, legislation, technical standards, or industry codes of practice where there are no technical standards;
correspond in their scope, quality and other performance parameters, including functionality, compatibility, accessibility, continuity and security, to the usual characteristics of digital content of the same kind and which you may reasonably expect, including in light of public statements made by Kia or by another person in the same contractual chain, in particular advertising or labelling;
are provided with the accessories and instructions for use which you may reasonably expect; and
correspond to the trial version or preview made available by Kia before the conclusion of the contract.
We are not bound by a public statement under letter (b) above if we prove that we were not aware of it, or that it was modified at the time of the contract’s conclusion in a manner that is at least comparable to how the statement was originally worded, or that it could not have influenced the decision to enter into the contract.
Section 16.3 shall be added and shall read as follows:
We are also liable to you for any defect resulting from the incorrect implementation of the Services and Upgrades in your digital environment as carried out by us or under our contractual obligation. This also applies to cases where you undertook the implementation and the defect arose due to a deficiency in the instructions provided by us.
Section 16.4 shall be added and shall read as follows:
In addition to the agreed updates, we shall ensure that you are provided with the updates necessary to maintain the Services and Upgrades in a defect-free state for the duration of the contract, or, in the case of Services or Upgrades supplied on a one-off basis, for the period you could reasonably expect. We shall notify you when these updates become available.
If you fail to implement the Service and Upgrade updates that fall within the meaning of the previous paragraph within a reasonable period, you shall have no rights in respect to defects which arise solely as a result of failing to update the Services and Upgrades. This does not apply if you have not been notified of the update or of the consequences of failing to update the Services and Upgrades, or if you have updated them incorrectly due to a deficiency in the instructions provided by us.
Section 16.5 shall be added and shall read as follows:
If the Services or Upgrades are defective, you have the right to rectification of the defect unless this is impossible for us to do so, or its rectification is connected with unreasonable costs.
Upon notification of a defect, we shall rectify the defect within a reasonable period in a manner which does not to cause any major inconvenience to you, taking into account the nature of the Services and Upgrades and the purpose for which you requested them.
Section 16.6 shall be added and shall read as follows:
You may request a reasonable reduction to the price or withdraw from the contract if:
we have not rectified the defect in accordance with Section 16.5 or it is evident from our statement or the circumstances that the defect will not be rectified within a reasonable period or without causing major inconvenience to you;
the defect continues to be apparent after rectification; or
the defect constitutes a material breach of the contract.
You may not withdraw from the contract if the defect of the Services or Upgrades is minor in nature.
Section 16.7 shall be added and shall read as follows:
If a defect appears during the term of the contract, we bear the burden of proving that the Services and Upgrades were provided without defects. In the case of Services or Upgrades supplied on a one-off basis, any defects manifesting within one year from the provision of the Services or Upgrades are deemed to have existed at the time of provision. This one-year period shall be paused for as long as you cannot use the Services or Upgrades if you have legitimately exercised your statutory defect liability rights.
Section 16.8 shall be added and shall read as follows:
You are entitled to assert your statutory defect liability rights for Service or Upgrade defects which manifest during the term of the contract. In the case of Services or Upgrades supplied on a one-off basis, you may assert your statutory defect liability rights for Service or Upgrade defects which manifest within two years from the date of provision of the Services or Upgrades. If you legitimately assert your statutory defect liability rights, the period for exercising your rights is paused for as long as you cannot use the Services or Upgrades.
Section 16.9 shall be added and shall read as follows:
If you withdraw from the contract, you shall refrain from using the Services or Upgrades, and shall not provide them to a third party. If you infringe on this, we may block your further use of the Services and Upgrades, in particular by making the Services and Upgrades or your Kia Connect account inaccessible to you.
Section 16.10 shall be added and shall read as follows:
You may contact us with a complaint or claim arising from statutory defect liability rights or any other commercial warranty that may be applicable, either by mail to the address: Kia Connect GmbH, Theodor-Heuss-Allee 11, 60486 Frankfurt am Main, Germany, or by email to the address: support@kia-connect.eu. We shall acknowledge the complaint or claim without undue delay and shall endeavour to resolve it within a reasonable time, unless otherwise agreed with you. We reserve the right to review and verify any complaint. We will notify you of the resolution of the complaint or claim. If a refund is due, we will process the refund as soon as possible but in any event within fourteen (14) days of the date you have asserted the corresponding right. Unless otherwise agreed, refunds will normally be made using the same payment method used by you to purchase the Services or Upgrades.
Section 16.11 shall be added and shall read as follows:
If we fail to resolve your complaint or claim within the time limit set out in Section 16.10, you may withdraw from the contract or request a reasonable reduction to the price in the case of Services or Upgrades that were subject to fees.
Section 16.12 shall be and shall read as follows:
If you legitimately assert a right relating to defective performance, you are entitled to compensation of the costs reasonably incurred in connection with asserting your right.
Denmark
If you are a consumer, you also have the right to lodge a complaint with Ankenævnet for Biler, Lautrupvej 2, 2750 Ballerup if your complaint concerns the purchase of the car and connected services.
Estonia
Section 13.5 shall be supplemented as follows: Our right to assign our rights and duties under this section does not apply where this assignment may serve to reduce the likelihood of the agreement being performed.
Section 14.2 shall be supplemented as follows:
If you are a consumer (as defined under Section
15), you also have the right to lodge a complaint with the Consumer Disputes Committee, information for which is available at https://ttja.ee/en/consumer-disputes-committee.
The second sentence of Section
14.2 does not apply to you if you are a consumer.
The second sentence of Section 16 shall be deleted and replaced as follows:
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 24 months following the end of the supply period; and, where such period of time is longer than 24 months based on a contract, the claims will not become statute-barred to the expiry of the respective period of time.
Finland
The last sentence of Section 14.2 shall be deleted and replaced as follows:
If you are a consumer as defined in Chapter 1, Section 4 of the Consumer Protection Act (38/1978), you also have the right to lodge a complaint with the Consumer Disputes Board, Hämeentie 2, P.O. Box 306, 00531 Helsinki (www.kuluttajariita.fi). Please note that the decisions of the Consumer Disputes Board are non-binding recommendations. Before filing a complaint with the Consumer Disputes Board, you should contact the Consumer Advisory Services (www.kuluttajaneuvonta.fi).
The following entirely new terms shall apply:
If you are a consumer within the meaning of Chapter 1, Section 4 of the Consumer Protection Act (38/1978) and live in Finland, you are always entitled to bring an action based on Finnish consumer protection legislation before the district court in whose jurisdiction you are domiciled or habitually resident. If you are a consumer within the meaning of Chapter 1, Section 4 of the Consumer Protection Act (38/1978) and live in Finland, the mandatory national consumer protection laws and regulations of Finland shall remain unaffected and shall continue to apply regardless of the provisions of these Terms of Use.
France
Section 1.1 shall be deleted and replaced as follows:
Contracting parties
These terms of use ("Terms of Use") apply to the use of the Kia Connect app ("Kia Connect App") and/or the use of Kia Connect via the car’s head unit ("Head Unit"), which provide you with the opportunity to use certain Kia Connect services ("Services") and to purchase upgrades (“Upgrades”) in the store section of the Kia Connect App for use in your vehicle.
The Services and Upgrades are provided by Kia Connect GmbH, registered under the registration number HRB 112541, Theodor-Heuss-Allee 11, 60486 Frankfurt am Main, email: info@kia-connect.eu ("Kia"; "we"; "us"; "our"), to the user of the Services ("User" or "you").
The title of Section 5.5.2 shall be deleted and replaced as follows:
5.5.2 Waiver of the consumer’s right of withdrawal
Section 8.1 shall be supplemented as follows:
The price and payment method for the provision of the Services when the free period of 7 years has expired as well as information on how up-to-date information on all applicable tariffs and maintenance charges can be obtained via the Kia Connect website.
Section 8.3 shall be added and shall read as follows:
The relevant information is listed under Sections 9, 11.3 and 11.6 of our Kia Connect Privacy Notice available on the Kia Connect website https://connect.kia.com/eu/downloads.
Section 9 title shall be deleted and replaced as follows:
9 Service availability and security
Section 9.5 shall be added and shall read as follows:
Kia Connect undertakes to make its best efforts to implement technical and organisational measures to protect your information.
You declare, however, to be fully informed that the data is not entirely protected against any form of intrusion, including hacking.
You acknowledge that it is impossible to guarantee total security of the data transmitted. Consequently, Kia Connect cannot be held responsible for any incidents that may arise from this transmission.
Section 14 shall be deleted and replaced as follows:
You may use the contact details set out in Section 1 above in case of questions or complaints without additional costs.
If you are a consumer: under Articles L.616-1 and R.616-1 of the French Consumer Code, in the event of a complaint which has not been resolved amicably and which has not been resolved satisfactorily within the last year, you may have recourse to a mediation service free of charge. As such, Kia adheres to the service of Medicys mediation service simply and free of charge by submitting your file electronically at www.medicys-consommation.fr, or by simple mail (attach your email, phone and written complaint) to: Medicys – 73 boulevard de Clichy – 75009 Paris
In accordance with European Regulation No. 524/2013, you also have the option of referring your dispute to the online dispute resolution platform, which you can find at https://ec.europa.eu/consumers/odr/. Kia does not and is not obligated to participate in this alternative dispute resolution procedure before an alternative dispute resolution entity for consumers. To communicate with us on this subject, you can write to us at the following address: info@kia-connect.eu
Section 15 shall be deleted and replaced as follows:
If you are a consumer, because the provision of the Services consists of the supply of digital content which is not recorded on a durable medium, you hereby acknowledge and agree that by accepting the Terms of Use, you consent to the immediate start of the Services by Kia before the expiry of the withdrawal period and expressly waive your legal right of withdrawal from the Services when such performance has begun.
Section 16 shall be deleted and replaced as follows:
Section
16 Legal warranty of conformity for digital content and services
If you are a consumer, you are entitled to remedies under the legal guarantee of conformity. For more information, refer to the framed information provided at the end of the ToU.
Reminder of applicable guarantees for Services
(art D. 211-4 C. Conso)
The consumer has the right to invoke the legal warranty of conformity in the event of the appearance of a lack of conformity during a period of 7 years as from the supply of the digital content or service. During this period, the consumer is only required to establish the existence of the lack of conformity and not the date of its appearance.
The legal warranty of conformity includes the obligation to provide all updates necessary to maintain the conformity of the digital content or service during 7 years.
The legal guarantee of conformity entitles the consumer to have the digital content or digital service brought into conformity without undue delay following his request, at no cost and with no major inconvenience to him.
The consumer may obtain a reduction in price by keeping the digital content or the digital service, or he may terminate the contract by obtaining a full refund in return for renouncing the digital content or the digital service, if:
1° The professional refuses to bring the digital content or the digital service into conformity;
2° The compliance of the digital content or service is unjustifiably delayed;
3° The digital content or digital service cannot be brought into conformity at no cost to the consumer;
4° Bringing the digital content or digital service into conformity causes major inconvenience to the consumer;
5° The non-conformity of the digital content or digital service persists despite the trader's unsuccessful attempt to bring it into conformity.
The consumer is also entitled to a reduction in the price or termination of the contract where the lack of conformity is so serious that it justifies an immediate reduction in the price or termination of the contract. In such cases, the consumer is not obliged to ask for the digital content or service to be brought into conformity beforehand.
In cases where the lack of conformity is minor, the consumer only has the right to cancel the contract if the contract does not provide for the payment of a price.
Any period of unavailability of the digital content or digital service for the purpose of bringing it back into conformity suspends the guarantee that remained until the digital content or digital service was supplied in conformity again.
These rights result from the application of articles L. 224-25-1 to L. 224-25-31 of the Consumer Code.
Any professional who obstructs the implementation of the legal guarantee of conformity in bad faith is liable to a civil fine of up to 300,000 euros, which may be increased to 10% of average annual sales (article L. 242-18-1 of the French Consumer Code).
Consumers also benefit from the legal guarantee against hidden defects under articles 1641 to 1649 of the French Civil Code, for two years from the discovery of the defect. This guarantee entitles the consumer to a price reduction if the digital content or service is retained, or to a full refund in exchange for renouncing the digital content or service.
Reminder of applicable guarantees for Upgrades purchased for a limited period
(art D. 211-4 C. Conso)
The consumer has the right to invoke the legal warranty of conformity in the event of the appearance of a lack of conformity during the period indicated in the purchase, starting from the supply of the digital content or service. During this period, the consumer is only required to establish the existence of the lack of conformity and not the date of its appearance.
The legal warranty of conformity includes the obligation to provide all updates necessary to maintain the conformity of the digital content or service during the period indicated in the purchase.
The legal guarantee of conformity entitles the consumer to have the digital content or digital service brought into conformity without undue delay following his request, at no cost and with no major inconvenience to him.
The consumer may obtain a reduction in price by keeping the digital content or the digital service, or he may terminate the contract by obtaining a full refund in return for renouncing the digital content or the digital service, if:
1° The professional refuses to bring the digital content or the digital service into conformity;
2° The compliance of the digital content or service is unjustifiably delayed;
3° The digital content or digital service cannot be brought into conformity at no cost to the consumer;
4° Bringing the digital content or digital service into conformity causes major inconvenience to the consumer;
5° The non-conformity of the digital content or digital service persists despite the trader's unsuccessful attempt to bring it into conformity.
The consumer is also entitled to a reduction in the price or termination of the contract where the lack of conformity is so serious that it justifies an immediate reduction in the price or termination of the contract. In such cases, the consumer is not obliged to ask for the digital content or service to be brought into conformity beforehand.
In cases where the lack of conformity is minor, the consumer only has the right to cancel the contract if the contract does not provide for the payment of a price.
Any period of unavailability of the digital content or digital service for the purpose of bringing it back into conformity suspends the guarantee that remained until the digital content or digital service was supplied in conformity again.
These rights result from the application of articles L. 224-25-1 to L. 224-25-31 of the Consumer Code.
Any professional who obstructs the implementation of the legal guarantee of conformity in bad faith is liable to a civil fine of up to 300,000 euros, which may be increased to 10% of average annual sales (article L. 242-18-1 of the French Consumer Code).
Consumers also benefit from the legal guarantee against hidden defects under articles 1641 to 1649 of the French Civil Code, for two years from the discovery of the defect. This guarantee entitles the consumer to a price reduction if the digital content or service is retained, or to a full refund in exchange for renouncing the digital content or service.
Reminder of guarantees applicable to Upgrade purchased for an unlimited period
(art D. 211-3 C. Conso)
Consumers have a period of two years from the date of supply of the digital content or service in which to invoke the legal warranty of conformity in the event of a lack of conformity. During a period of one year from the date of supply, the consumer is only required to establish the existence of the lack of conformity, and not the date of its appearance.
The legal warranty of conformity implies the obligation to provide all updates necessary to maintain the conformity of the digital content or service.
The legal warranty of conformity entitles the consumer to have the digital content or service brought into conformity without undue delay following his request, at no cost and without major inconvenience to him.
The consumer may obtain a price reduction by retaining the digital content or service, or he may terminate the contract by obtaining a full refund in exchange for relinquishing the digital content or service, if:
1° The professional refuses to bring the digital content or service into conformity;
2° The compliance of the digital content or service is unjustifiably delayed;
3° The digital content or service cannot be brought into conformity without imposing costs on the consumer;
4° Bringing the digital content or service into conformity causes major inconvenience to the consumer;
5° the non-conformity of the digital content or service persists despite the professional's unsuccessful attempt to bring it into conformity.
The consumer is also entitled to a price reduction or to rescission of the contract where the lack of conformity is so serious as to justify immediate price reduction or rescission of the contract. In such cases, the consumer is not obliged to ask for the digital content or service to be brought into conformity beforehand.
In cases where the lack of conformity is minor, the consumer is entitled to cancel the contract only if the contract does not provide for payment of a price.
Any period of unavailability of the digital content or digital service for the purpose of restoring conformity suspends the warranty that was due until the digital content or digital service was supplied in conformity again.
The rights mentioned above result from the application of articles L. 224-25-1 to L. 224-25-31 of the French Consumer Code.
Any professional who obstructs the implementation of the legal guarantee of conformity in bad faith is liable to a civil fine of up to 300,000 euros, which may be increased to 10% of average annual sales (article L. 242-18-1 of the French Consumer Code).
Consumers are also covered by the legal warranty for hidden defects under articles 1641 to 1649 of the French Civil Code, for a period of two years from the discovery of the defect. This warranty entitles the consumer to a price reduction if the digital content or service is retained, or to a full refund in exchange for renouncing the digital content or service.
Hungary
These Terms of Use are concluded in electronic form. The Terms of Use will be concluded upon activation of the Services with the "I AGREE" button. The Terms of Use are not considered to be in writing, and you will be able to store, access and reproduce the Terms of Use on your data carrier or electronic medium. We will provide the technical means for identifying and correcting input errors by electronic processing before making any legally binding statement.
Section 14.2 does not apply to you if you are a consumer.
Kia is not bound by a code of conduct under Act XLVII of 2008 on the Prohibition of Unfair Commercial Practices against Consumers.
Section 14.2 shall be deleted and replaced as follows:
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/. In case of cross-border consumer disputes relating to online sales or online services contracts, the competent conciliation body is the Conciliation Body of Budapest (1016 Budapest Krisztina krt. 99 first floor 111, postal address: 1253 Budapest POB: 10, e-mail: bekelteto.testulet@bkik.hu; phone number: +36 (1) 488 21 31, website: https://bekeltet.bkik.hu).
Item (d) of Section 15.3.2 shall be deleted and replaced as follows:
Kia has provided you with confirmation in accordance with Section 29(1)(m) of Government Decree 45/2014. (II. 26.) on detailed rules for contracts between consumers and businesses.
Ireland
The final sentence of Section 1.2 shall be deleted and replaced as follows:
In the opposite case, e.g. in the case of cancellation of the purchase agreement for the vehicle, the agreement for the provision of the Services for the vehicle concerned may be terminated according to Section
11.4.
The final sentence of Section 4.2.2.6 shall be deleted and replaced as follows:
E.g. ad-hoc maintenance for your vehicle may be necessary or NCT inspections may be due even if there is no service reminder in the Notification Centre.
The first sentence of Section 4.2.2.6.4 shall be deleted and replaced as follows:
Mandatory Vehicle Inspections Reminders (such as NCT in Ireland): Kia will inform you about upcoming mandatory vehicle inspections.
Section 15.3.2 shall be deleted and replaced as follows:
In the case of a contract which obliges you to pay a price, if
Kia has begun with the performance of the contract,
you have provided prior express consent that Kia shall begin the performance of the contract before the expiry of the withdrawal period,
you have acknowledged that with your consent pursuant to Section
15.3.2 item (b), you lose your right of withdrawal with the commencement of the performance of the contract; and
Kia has provided you with confirmation of your acknowledgement of the loss of the right to cancel the contract.
Section 16 shall be deleted and replaced as follows:
We are legally obliged to supply digital content and digital services to you which are in conformity with these Terms of Use and with objective and subjective criteria set out by consumer laws.
For digital content and/or digital services supplied to you on a one-off basis, or a series of such acts of supply, we may be liable for any non-conformity which exists at the time of supply.
For digital content and/or digital services supplied to you on a continuous basis, we may be liable for any non-conformity which becomes apparent during the period in which it is supplied under these Terms of Use.
Italy
Section 12.2 shall be amended as follows:
For the reasons set out in Section
12.1 above, Kia shall make an offer for changes to these Terms of Use to you by displaying them in the Kia Connect App and/or in the vehicle's Head Unit 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 Kia Connect App or in the Head Unit.
If you do not accept the proposed changed Terms of Use, we reserve the right to terminate the agreement with 6 weeks' notice, to the end of a calendar quarter.
Section 13.5 shall be amended as follows:
We are entitled to assign our rights and duties under this agreement either in full or in part to another service provider by providing 6 weeks' notice to you without your approval, provided that this assignment does not diminish your guarantees as a consumer. Irrespective of other provisions, you have the right to terminate your agreement with Kia within one month after receipt of the written notification. Termination of your agreement with Kia becomes effective at the time that the rights and duties of the agreement are reassigned from Kia to the new company. 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 Services at any time as stipulated in Section 11.2.
Section 15.3.2, item (d) shall be amended as follows:
Kia has provided you with confirmation in accordance with Article 51, par. 7, of the Legislative Decree No. 206/2005 (the Italian “Consumer Code”).
Section 16 shall be amended as follows:
If you are a consumer, you have the statutory defect liability rights for the goods or the digital products and any additional rights defined in these Terms of Use. The statutory defect liability rights will become statute-barred 26 months after (i) the delivery of the good for any defect of conformity existing at the time of delivery of the good and manifesting itself within two years from that time; (ii) the supply of the digital product for defects subsisting at the time of supply and not maliciously concealed by the professional, if they become evident within that period; in cases of continuous supply, the claims will not become statute-barred prior to the expiry of 26 months following the delivery of the good or the last act of supply.
Latvia
Section 5.5.2 shall be supplemented with the following sentence:
You do not lose your right of withdrawal as a consumer if contracting out of such right is not allowed under applicable law.
Section 13.5 paragraph 1 shall be amended as follows:
We are entitled to assign our rights and duties under this agreement either in full or in part to another service provider by providing 6 weeks’ notice to you without your approval, provided that this assignment does not reduce your guarantees as a consumer.
Section 14.2 shall be deleted and replaced as follows:
If you are a consumer, apart from lodging a claim before Latvian courts or in other jurisdictions, if permitted by applicable laws, you are also entitled to alternative resolution of a consumer dispute arising out of or in connection with the agreement governed by these Terms of Use through an approved alternative dispute resolution body. If you are a consumer in Latvia, you may bring a claim to the out-of-court Consumer Dispute Resolution Committee (Patērētāju ārpustiesas strīdu risināšanas komisija) (website: https://www.ptac.gov.lv/lv/pateretaju-stridu-risinasanas-komisija) or fill in the request form on the ODR platform (website: https://ec.europa.eu/odr/).
Section 16 shall be amended as follows:
If you are a consumer, you have the statutory defect liability rights for the goods or the digital products and 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 24 months following the end of the supply period or from the date on which the discrepancy becomes apparent, whichever occurs earlier.
Lithuania
Section 13.5 paragraph 1 shall be amended as follows:
We are entitled to assign our rights and duties under this agreement either in full or in part to another service provider by providing 6 weeks’ notice to you without your approval, provided that this assignment does not reduce your guarantees as a consumer.
Section 14.2 shall be deleted and replaced as follows:
If you are a consumer, apart from lodging a claim before Lithuanian courts or in other jurisdictions, if permitted by applicable laws, you are also entitled to alternative resolution of a consumer dispute arising out of or in connection with the agreement governed by these Terms of Use through an approved alternative dispute resolution body. If you are a consumer in Lithuania, you may submit a complaint to the State Consumer Rights Protection Authority (Vilniaus str. 25, 01402 Vilnius, Lithuania, email: tarnyba@vvtat.lt, phone: 85 262 67 51, fax. (85) 279 1466, on the website www.vvtat.lt) or fill in the request form on the ODR platform https://ec.europa.eu/odr/.
Section 16 shall be amended as follows:
If you are a consumer, you have the statutory defect liability rights for the goods or the digital products and 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 24 months following the end of the supply period or from the date on which the discrepancy becomes apparent, whichever occurs earlier.
Netherlands
Section 11.2 shall be supplemented as follows:
After the first year of the agreement, either party may terminate the agreement subject to one month's notice.
Norway
Section 5.4.3.4 first and second sentence shall be amended as follows:
You are kindly requested to accurately inform the buyer of your vehicle of the Upgrades installed on the vehicle and of the remaining usage periods and applicable end dates thereof. You are further kindly requested to inform the buyer about the requirement to create a Kia Connect account and accept these Terms of Use to be able to re-activate the Upgrades.
Section 7.2 shall be amended as follows:
You are kindly requested to inform any other users/drivers of the vehicle that the Services are activated and about the data processing involved in accordance with Section
10.2
Section 10.2 shall be amended as follows:
You are kindly requested to inform any other users/drivers of the vehicle that the Services are activated. In particular, you are kindly requested to inform all other users/drivers about the data processing activities described in the Kia Connect Privacy Notice and about the fact that the Services require the collection and processing of location data (GPS data).
Section 15.3.2 shall be amended as follows:
In the case of a contract which does not oblige you to pay a price or provide personal data if Kia has begun with the performance of the contract;
Poland
Section 3.5 shall be amended as follows:
The mobile communications hardware and the corresponding SIM embedded in your vehicle’s Head Unit are only compatible with certain 4G/LTE frequencies. The availability of compatible 4G/LTE networks and of compatible frequencies varies between different geographical regions. In some areas, no compatible 4G/LTE frequencies are available. In this case, the Head Unit will fall back on 2G or 3G networks (where available) in order to provide the Services. In this case, service provision may be less responsive or interrupted due to the lower data bandwidth of the network. The Services cannot be used in areas where no compatible mobile communication network is available.
Section 3.6 shall be amended as follows:
Even where a compatible mobile communication network is generally available, performance and availability of the Services require that the respective network can be reached by the Head Unit. This depends on the signal quality at the current location of the vehicle. Where the signal quality is too low, the Services may be degraded or interrupted. In particular, this can be the case (i) in tunnels, (ii) in mountainous terrain or dense forests, (iii) on roads along cliff edges, (iv) in densely built-up areas, (v) on motorways or roads in subways, (vi) inside buildings.
Section 4.2.2.5.4 shall be amended as follows:
Mandatory Vehicle Inspections Reminders (such as TÜV in Germany or MOT in the UK): Kia will inform you about upcoming mandatory vehicle inspections.
For example, in the UK the reminder will be about the "Ministry of Transport" test (commonly referred to as "MOT"). Use of this service requires that you provide Kia with the correct date of the last mandatory vehicle inspection and the date the vehicle was first registered. Kia may not be held liable for the correctness of the data you have entered. It is your obligation to adhere to the mandatory inspection intervals in accordance with applicable law.
Section 5.1.1 shall be amended as follows:
Availability of the individual Upgrades depends on your vehicle model, construction date and trim line. Generally, the "Upgrades" functionality requires that the vehicle is capable of receiving and installing Vehicle System OTA Updates (cf. Section
4.2.3.3) and is equipped with the most recent software version of the infotainment system. You will receive information on compatibility requirements when you purchase the Upgrade.
Section 5.1.3 shall be amended as follows:
Purchasing an Upgrade will modify the functionality and properties of the affected vehicle. If you purchase an Upgrade for a vehicle which you do not own (e.g. because it is a leased or rented vehicle or because you are sharing the vehicle with the owner), you need to obtain the owner's consent to the modification of their vehicle prior to purchasing an Upgrade for the respective vehicle.
Section 5.2 shall be amended as follows:
Currently, the following Upgrades are generally available and may be purchased for your vehicle, depending on your vehicle’s model, construction date and trim line. Details regarding the availability of Upgrades are stated in the product description in the store section of the Kia Connect App.
Section 5.5.1 shall be amended as follows:
You can select certain Upgrades and other add-ons to your vehicle's software which are available for purchase in the store section of the Kia Connect app. By submitting an order in the Kia Connect App relating to an Upgrade or other add-on, you make an offer to Kia regarding the purchase of the respective Upgrade or add-on. Kia confirms receipt of the order through an automatic email sent to you (order confirmation). This order confirmation does not constitute acceptance of your offer, but merely confirms receipt and further processing of the offer by Kia.
The contract between Kia and you is concluded for each Upgrade once the purchased Upgrade is activated in the respective vehicle for which the Upgrade was purchased. Kia is not entitled to make partial deliveries, unless we have received your explicit consent.
You may terminate the contract regarding each Upgrade at any time during the trial period as set out in Section
5.3.2.
Section 5.5.2 shall be amended as follows:
Generally, if you are a consumer, you have a statutory right of withdrawal as set out in Section
15. In the course of the purchase process, we ask you for your express consent that Kia shall commence performance of the contract before the end of the withdrawal period.
Section 7.1 shall not apply.
Section 7.5 shall be amended as follows:
Any violation of the obligations and restrictions in this Section
7 may result in the temporary suspension of the provision of the Services. Kia will inform you about the intention to suspend the provision of the Services and the duration of the suspension in advance, where we will state the reasons for suspension and its duration and will inform you of your right to appeal. The duration of the suspension shall be determined by Kia based on the severity of the violation and the resulting risks for Kia, the Service, the network or other customers. In case of repeated violations, Kia may terminate the Agreement for cause pursuant to Section 10.3.
Section 9.1 shall be amended as follows:
If it is necessary to ensure the security or stability of the Services for all users or to ensure compliance of the Services with mandatory legal requirements, we may temporarily or permanently deactivate access to the Services in whole or in part. This does not affect your statutory rights or our liability for providing Services and Upgrades.
Section 9.2 shall be amended as follows:
The provision and use of the Services 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 Services not being available as the necessary data transfer cannot occur.
In addition, short-term capacity bottlenecks can arise from peak loads on the Services, wireless and fixed networks and on the internet. This does not affect your statutory rights or our liability for providing Services and Upgrades.
Section 9.3 shall be amended as follows:
Disruptions can also arise due to 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 Services. This does not affect your statutory rights or our liability for providing Services and Upgrades.
Section 9.4 shall be amended as follows:
Where access to the Services is deactivated, restricted or disrupted as described in this Section
9, we will contact you to inform you of this and give a reason for the deactivation, restriction or disruption.
Section 11.1 shall be amended as follows:
This agreement commences once accepted by you in the Head Unit. It expires when the free service period (cf. Section
8.1) ends, unless terminated earlier in accordance with this Section
11.
Section 11.2 shall be amended as follows:
You may terminate the agreement concerning the provision of the Services at any time with one month’s notice, to the end of a calendar quarter.
Section 11.3 shall be amended as follows:
Kia may terminate the agreement immediately by notice in case of repeated violations of the user obligations specified in Section
7.4. We will inform you of the termination, and we will state the reasons for termination and will inform you of your right to appeal.
Section 11.4 shall be amended as follows:
Furthermore, in the event of the recission 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 Services with regard to the vehicle concerned.
Section 11.5 shall be amended as follows:
Either party's statutory termination rights remain unaffected.
Section 11.1 shall be amended as follows:
11.1 CHANGES TO THE SERVICES OR TERMS OF USE
Kia may change the Services or the Terms of Use for the following reasons:
an amendment to applicable law that results in an obligation to change these Terms of Use or the Services;
the introduction of new security measures;
improvements of existing quality standards (e.g. those described Section
15 on the Statutory Warranties);
improvements to adapt the Services to new technologies;
an improvement of security measures to prevent abuse or damage.
You will be notified by email about upcoming changes at least 14 days in advance. The notification will state the reason and grounds for introducing the change. If you reject or are unable to accept the changes, you will have the right to terminate the agreement at any time.
Section 12.2 shall be amended as follows:
12.2 OTHER CHANGES TO THE SERVICES OR TERMS OF USE
Apart from those changes indicated in Section
12.1 above, Kia shall make an offer for changes to these Terms of Use or Services to you by displaying them in the Kia Connect App and/or in the vehicle's Head Unit no later than two months before the proposed new Terms of Use or changes to the Services are to enter into force. The changed Terms of Use or Services shall only become effective if you accept them by clicking the corresponding "accept" button in the Kia Connect App or in the Head Unit.
If you do not accept the proposed changed Terms of Use, we reserve the right to terminate the agreement with 6 weeks' notice, to the end of a calendar quarter.
Section 13.1 shall be amended as follows:
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 to download under https://connect.kia.com/eu/downloads, and you will also receive it via email.
Section 13.3 shall be deleted.
Section 13.5 shall be deleted.
Section 15 shall be amended as follows:
15 INSTRUCTIONS ON THE RIGHT OF WITHDRAWAL REGARDING THE SERVICES AND THE PURCHASE OF UPGRADES
If you are: (i) 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); or (ii) an individual conducting a business activity, you have the right of withdrawal in accordance with the statutory provisions with regard to any agreement on the Purchase of Upgrades (see Section
5) when the agreement is not of a professional nature for you.
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 (Kia Connect GmbH, Theodor-Heuss-Allee 11, 60486 Frankfurt am Main, Germany, telephone number: +49 800 7773044 and email address: support@kia-connect.eu) 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 https://connect.kia.com/eu/customer-support/contact-form. 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.
15.2 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.
15.3 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:
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;
In the case of a contract which obliges you to pay a price, if
Kia has begun with the performance of the contract;
you have provided prior express consent that Kia shall begin the performance of the contract before the expiry of the withdrawal period;
you have acknowledged that with your consent pursuant to item (
15.3.2), you lose your right of withdrawal with the commencement of the performance of the contract; and
Kia has provided you with confirmation in accordance with Section 312f German Civil Code (Bürgerliches Gesetzbuch, "BGB").
15.4 Model withdrawal form
Model Withdrawal Form
(Complete and return this form only if you wish to withdraw from the contract)
To Kia Connect GmbH, Theodor-Heuss-Allee 11, 60486 Frankfurt am Main, Germany, email address: support@kia-connect.eu:
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.
Section 16 shall be amended as follows:
If you are a consumer, you have the statutory defect liability rights for the goods or the digital products and any additional rights defined in these Terms of Use. The statutory defect liability rights will become statute-barred six 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 six years following the end of the supply period.
Portugal
Section 14.2 shall be amended as follows:
If you are a consumer, apart from lodging a claim before Portuguese courts or in other jurisdictions, if permitted by applicable laws, you are also entitled to alternative resolution of a consumer dispute arising out of or in connection with the agreement governed by these Terms of Use through an approved alternative dispute resolution body. You can find the current list of approved alternative dispute resolution bodies as well as further information on the applicable ADR procedure on the website of the Consumer Protection Directorale: www.consumidor.gov.pt/. You may also submit a complaint online to an ADR via the online dispute resolution (ODR) platform available here: 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.
Romania
Section 16 second paragraph shall be amended and shall read as follows:
[…] The statutory defect liability rights will become statute-barred five years after provision of the respective digital product; […]
Slovakia
Section 5.5.2 shall be deleted.
Section 8.1 shall be deleted and replaced as follows:
Most of the Services are provided free of charge. However, some of the Services and Upgrades are subject to a fee which is specified for each individual Service or Upgrade in the Kia Connect App or in the Head Unit. The fee is final and includes all charges and taxes.
The Services provided free of charge to the users of a specific vehicle (as identified by its respective VIN) are provided for a period of 7 years. This 7-year period commences on the day that the vehicle’s warranty period starts.
If the vehicle is sold and registered to a new owner during the free service period, the new owner may choose to use the Services free of charge during the remainder of the free service period by activating the Services in their own name. The free service period remains unaffected by any subsequent sale and registration after the initial sale, i.e. the free service period is neither interrupted nor extended by a subsequent sale and/or registration of the vehicle.
Section 13.1 shall be deleted and replaced as follows:
All agreements between Kia and you are concluded in Slovak language version. After conclusion of the respective agreement, the text of the agreement will be provided to you in the confirmation email.
Section 14.2 shall be deleted and replaced as follows:
We are subject to the supervision of the following authorities: (a) consumer protection in Slovakia by the Slovak Trade Inspection Authority, and (b) in the area of personal data protection by "Der Hessische Beauftragte für Datenschutz und Informationsfreiheit", Gustav-Stresemann-Ring 1, 65189 Wiesbaden, phone: +49 (0)611-1408 0, email: poststelle@datenschutz.hessen.de, and in Slovakia by the Data Protection Authority. You are entitled to lodge a complaint with any of the relevant supervisory authorities.
Section 14.3 shall be added and shall read as follows:
If you are a consumer, you may also use the out-of-court dispute resolution system before the Slovak Trade Inspection Authority (www.soi.sk) or other relevant dispute resolution providers registered by the Slovak Ministry of Economy. Information on out-of-court dispute resolution is available on the website: https://www.soi.sk/sk/alternativne-riesenie-spotrebitelskych-sporov.soi. In addition, you can use the online dispute resolution system before the European Commission, which is available on the website: https://ec.europa.eu/consumers/odr/main/?event=main.home2.show
Section 15.3.2 shall be deleted and replaced as follows:
In the case of a contract which obliges you to pay a price, if
Kia has begun with the performance of the contract with your prior express consent before the expiry of the 14 days withdrawal period,
you have acknowledged that with your consent, you lose your right of withdrawal; and
Kia has provided you with confirmation in accordance with Section 4(6) of the Act No. 102/2014 Coll., on consumer protection when selling goods or providing services based on a contract concluded at a distance or a contract concluded outside the seller's premises, as amended.
Section 16 shall be deleted.
Section 16.1 shall be added and shall read as follows:
If you are a consumer, the Services and Upgrades are subject to statutory liability for defective performance as per the applicable provisions of the Act No. 40/1964 Coll., the Civil Code, as amended.
Section 16.2 shall be added and shall read as follows:
If it is a defect that can be rectified, the consumer has the right to have it rectified free of charge, on time and properly. Kia is obliged to rectify the defect without undue delay. Instead of requesting the rectification of the defect, the consumer can demand the replacement of the goods or digital product either in whole or, if the defect concerns only a part of the goods or digital product, in part, if this does not result in unreasonable costs for Kia, taking into account the price of the goods or digital product or the severity of the defect. Kia may always replace the defective goods or digital product with a faultless version in place of rectifying the defect, provided that this does not cause major inconvenience to the consumer.
If it is a defect that cannot be rectified and which prevents the defect-free, intended use of the goods or digital product, the consumer has the right to exchange the goods or digital product in question, or the right to withdraw from the contract. The same rights belong to consumer if the defects can be rectified, but the consumer is prevented from using the goods or digital product as intended due to the reappearance of the defect after rectification or due to a larger number of defects. If there are other irreparable defects, the consumer has the right to a reasonable reduction to the price of the goods or digital product.
Spain
These Terms of Use are concluded in electronic form. The Terms of Use are concluded upon activation of the Services with the "I AGREE" button.
Section
5.5.1 Does not apply regarding Kia’s acceptance of the offer. The order confirmation email serves to confirm the contract, including Kia’s acceptance of the consumer´s order.
Section
7.5 on violations is applicable if the consumer commits a serious violation of applicable laws or regulations or when your violation would result in legal liability for Kia or harm to its customers or services.
Section 12.1 shall be supplemented as follows:
You will be notified by us about any changes to the Services in advance when reasonably possible. If the changes are material, you will have the right to terminate this agreement within one month after receipt of the written notification.
Sweden
Section 16 shall be replaced as follows:
If you are a consumer, you have the statutory defect liability rights for the digital products and any additional rights defined in these Terms of Use. The statutory defect liability rights will become statute-barred three years after provision; in cases of continuous supply, the claims will become statute-barred three years after provision or the longer period of the duration of the contract.
Switzerland
Section 15 shall be deleted.
To the fullest extent permitted under applicable mandatory law, Kia excludes any and all warranties, if and to the extent applicable to the Services under this Agreement. The Services are provided on an "as is"-basis.
UK
Section 11.3 shall be amended as follows:
Either Party may terminate immediately on notice for material breach. An example of a right for Kia to terminate for material breach is where you repeatedly or seriously breach the user obligations as set out in Section
7.5.
Section 13 shall be supplemented with the following Section 13.6:
No one other than a party to this contract has any right to enforce any term of this contract.
Section 13 shall be supplemented with the following Section 13.7:
The laws of England and Wales apply to this contract, although if you are resident elsewhere, you will retain the benefit of any mandatory protections given to you by the laws of that country. This means that, for example, if you are resident in Germany, you will retain the benefit of any mandatory protections given to you by the laws of Germany.
Section 13 shall be supplemented with the following Section 13.8:
Any disputes will be subject to the non-exclusive jurisdiction of the courts of England and Wales. This means that you can choose whether to bring a claim in the courts of England and Wales or in the courts of another country in which you live.
Section 14.1 shall be amended as follows:
We will try to resolve any disputes with you quickly and efficiently. If you have any questions, complaints or if you’re otherwise unhappy with our service to you, the digital content or any other matter, please contact us as soon as possible using the contact details set out in Section
1 above.
Section 16 shall be amended as follows:
16 Statutory liability for defects
16.1. If you are a consumer, you have the statutory defect liability rights for the goods or the digital products and any additional rights defined in these Terms of Use. Unless you are a consumer based in the United Kingdom, 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.
16.2. The Consumer Rights Act 2015 gives consumers in the United Kingdom certain legal rights (also known as “statutory rights”). The digital content that we provide to you must be as described, fit for purpose and of satisfactory quality. We are under a legal duty to supply digital content that is in conformity with this contract.
16.3. When we supply the digital content: (a) we will use all reasonable efforts to ensure that it is free from defects, viruses and other malicious content; (b) we do not promise that it is compatible with any third party software or equipment except where we have said that it is on our website; and (c) you acknowledge that there may be minor errors or bugs in it.
16.4. To summarise your statutory rights under consumer protection laws in the United Kingdom, if you are a consumer in the United Kingdom and your digital content is faulty, you are entitled to a repair or a replacement. If the fault cannot be fixed, or if it has not been fixed within a reasonable time and without significant inconvenience, you can get some or all of your money back. If you can show the fault has damaged your device and we haven’t used reasonable care and skill, you may be entitled to a repair or compensation. For detailed information, please contact Citizens Advice by visiting www.citizensadvice.org.uk or calling +44 (0) 808 223 1133.
16.5. Nothing in this contract affects your legal rights as a consumer in the United Kingdom (including rights under the Consumer Rights Act 2015 and other rights in law).
16.6. If the digital content we provide to you is faulty, please contact us using the contact details at the top of this page.
16.7. To avoid faults in the digital content we provide, you must: (a) install any fixes, updates, upgrades, new releases and new versions as soon as reasonably possible after we tell you that they are available to be downloaded; and (b) use it only on the recommended third party software and equipment set out on our website.
Effective from July 2024
