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Terms & Conditions
Acceptance of Terms of Service
Thank you for visiting our website. You are requested to read the this terms & conditions of usage (the “Terms & Conditions”) carefully before accessing or using this website or other sites, and Smart Sale Care application of Kia Sales (Thailand) Co., Ltd. (“KTH’’, “we”, “us” or “our”), hereinafter collectively referred to as “Website” and “Application”. By accessing or using the Website and/or Application you agree to be bound, without limitation or qualification by the Terms & Conditions of use/service. If you do not accept any of the Terms & Conditions stated herein, do not use the Website and/or Application. KTH may, in its sole discretion, modify or revise these Terms & Conditions at any time by updating the webpage. You are bound by any such modification or revision and therefore before accessing or using the Website and/or Application, you should visit this webpage to review the Terms & Conditions. You may also wish to review the KTH Privacy Policy before using the Website and/or Application.
LIMIT TO THAI USER
The Website and Application can be viewed anywhere in the world but is intended for use only in Thailand. The Website and Application contains information regarding KTH, its product range, promotional programs, service, offers etc. KTH vehicles described in the Website and Application relate only to Thai specifications and are offered for the use of citizens residing in Thailand. The promotions, programs, services etc. described in the Website and Application are available only in Thailand and all pricing information referred to in the Website and Application is in Thai currency.
ELIGIBILITY
You warrant that you are at least 20 years of age and possess the legal authority to enter and use the products & services offered on the Website and/or Application in accordance with the Terms & Conditions mentioned herein.
RESTRICTIONS ON USE
You are hereby granted a non-exclusive, non-transferable, limited license to view and use information retrieved from the Website and/or Application, which is provided solely for your personal purposes only. Except as expressly provided above, no part of the Website and/or Application, including but not limited to materials retrieved there from and the underlying code, may be reproduced, republished, transmitted, displayed, posted or distributed in any form or by any means. In no event shall the materials from the Website and/or Application be stored in any information storage and retrieval system without the prior written permission of KTH.
Use of any robot, spider, other automatic device, or manual process to monitor or copy our webpages or the contents contained herein is strictly forbidden. You warrant that you will not use the Website and/or Application for any illegal purpose or for any purpose prohibited by this Terms & Conditions.
CONTACT US
Some sites or links in the Website and Application also offer e-commerce opportunities or options to purchase products or services from KTH dealers. Neither KTH nor third parties guarantee that all orders will be fulfilled. Online booking facility for products and/or services is optional and you can book for products and/or services directly through KTH dealers.
Furthermore, you agree that:
(i) For those who want to cancel the contract after signing the contract, the reservation fee is non-refundable.
(ii) For those who apply for loan, unit production will start after getting approval from bank/leasing and this will affect the date of unit delivery.
(iii) The price provided on the Website and/or Application when pre-booking and the final vehicle price at the time of final contract may be different (reason for tax, etc.).
You are solely responsible for the online loan application for all goods and services booked and/or purchased through the Website and/or Application. Neither KTH nor third parties guarantee that all online loan will be approved. Financial approval is up to personal situation.
PRE-BOOKING
The price provided on the Website and/or Application when pre-booking and the final vehicle price at the time of final contract may be different (reason for tax, etc.).
PAYMENTS
KTH and/or its business partners/third parties reserve the right, in their sole discretion, to establish acceptable payment methods requiring payment for specific services or products, including via mobile application. You are solely responsible for charges owed for all goods and services booked and/or purchased through the Website and/or Application, including, but not limited to, applicable taxes, shipping charges, insurance, and any other costs. If you are making online payments of any kind, you represent and warrant that (a) any credit card, debit card and bank account information you supply is true, correct and complete, (b) the card was issued in your name and charges incurred by you will be honored by your credit/debit card company or bank. Furthermore, you agree and authorize us to:
(i) submit a transaction using the card or financial information provided,
(ii) in the case of automatic recurring transactions, submit a transaction on a recurring basis (e.g., monthly or annual basis) for renewals,
(iii) if necessary, bill you, in a prorated manner (as required), in accordance with the particular fee terms for the product or service you are purchasing or enrolling in, and
(iv) if necessary (and applicable) bill your mobile carrier via a mobile application if you authorize us to do so. You may cancel your services for ongoing transactions/services at any time by calling customer care or by using any other methods specified on the sites.
LINKS TO THIRD PARTY SITES
To the extent that the Website and/or Application may contain links to advertisement banners, information about outside services and resources offered by third parties, KTH does not control the availability and content of those outside services and resources. Any concerns regarding any such services or resources, or any link thereto, should be directed to the particular service or resource. KTH provides these links only as a convenience and KTH's hyperlinking and inclusion of such third party websites does not imply KTH's endorsement of the materials on such third party websites or any association with their operators.
The Website and/or Application may link to other KTH sites and such KTH sites may have separate terms and conditions, which are in addition to these Terms & Conditions. In the event of a conflict between the Website and/or Application including such other KTH site, the terms and conditions of such KTH site will prevail over the Terms & Conditions of the Website and/or Application only to the extent of any inconsistency.
ACCESS
You are solely responsible for all information, entered through or electronically transmitted to us through the Website and/or Application, and accept that all such data transmissions are undertaken at your own risk. By using the login service, you authorize KTH to access and retrieve information requested by you. Each time you enter your account login information, you are permitting KTH to process your request and use information submitted by you to accomplish the foregoing. You shall choose a password when registering. You are fully responsible for maintaining the confidentiality of your password and account and for all activities that occur using your account or password. KTH will not be liable for any loss that you may incur as a result of someone using your password or account, either with or without your knowledge.
MATERIALS PROVIDED OR POSTED IN THE WEBSITE/APPLICATION
By providing your materials (including feedback and suggestions) to KTH by your use of the Website and/or Application or its associated services (hereinafter called “Materials”), you hereby grant KTH permission to use it at free of cost in connection with its businesses including, without limitation, the rights to copy, distribute, transmit, publicly display, reproduce, edit, translate and reformat the Materials and to publish your name in connection with your Materials.
OWNERSHIP
Unless otherwise noted, all materials, including images, designs, icons, photographs, video clips, animation, contents etc. written and other materials that are part of the Website and/or Application are copyrights, trademarks, trade dress, designs and/or other intellectual properties owned, controlled or licensed by KTH and are protected by Thai and/or International copyright and other intellectual property laws. Nothing contained herein shall be construed as conferring any license or right, by implications, estoppels or otherwise, under copyright or other intellectual property rights.
TERMINATION/ACCESS RESTRICTION
KTH reserves the right, in its sole discretion, to discontinue temporarily or permanently or terminate or otherwise limit your access to any or all KTH websites and/or Application including the related services or any portion thereof at any time, without notice and KTH shall not be liable to you for the same
LIMITATION OF LIABILITY
KTH cannot promise that the Website and Application will be uninterrupted or entirely error free. Because of the nature of the internet, the Website and Application are provided on an 'as is' basis and KTH will not be responsible for any reason whatsoever if the Website and Application are unavailable for use.
In no event will KTH be liable or responsible for any direct, indirect, special, punitive, exemplary or consequential losses or damages of whatsoever kind arising out of your use or inability to use or access or inability to access to the Website and/or Application or any link to the Website or any other sites of KTH or corruption/loss of data, failure to transmit or receive any data/materials, including loss of profit or the like whether or not in the contemplation of the parties, whether based on breach of contract, tort (including negligence) or otherwise, even if KTH authorized representative has been advised of the possibility of such damages.
DISCLAIMER
KTH makes every effort to ensure, but cannot and does not guarantee, and makes no warranties as to the accuracy, accessibility, integrity and timeliness of the contents described in the Website and Application. The contents in the Website and Application are meant only for information purpose and not meant to take (or refrain from making) any decision or take (or refrain from taking) any action. KTH assumes no liability or responsibility for any errors or omissions or inaccuracies in the contents of the Website and Application and further disclaims any liability of any nature for any loss howsoever caused in connection with using the Website and Application. While KTH makes every effort to ensure that any software or information to be downloaded from the Website and Application is free of virus, however it cannot guarantee that the software or information is free from any or all viruses. KTH is not responsible for any loss or damage howsoever caused by the software and related codes, including viruses and worms. To the fullest extent permissible pursuant to applicable laws, KTH disclaims all warranties, express or implied, including, but not limited to, implied warranties of merchantability and fitness for a particular purpose. KTH does not warrant that the functions contained in the Website and Application will be uninterrupted.
INDEMNITY
You agree to indemnify and hold harmless KTH, its parent companies, subsidiaries, affiliates, officers, directors, agents, employees, co-branders or other partners, and suppliers, from any claim, demand, action, or damage, including reasonable attorney's fees, made by any third party due to, arising out of or related to your use of the Website and or Application, your violation of the Terms & Conditions, any right of another, your connection to the Website and/or Application.
INDEPENDENT CONTRACTORS
The user acknowledges that the usage of the Website and/or Application by the user does not constitute a joint venture, partnership, employment or agency relationship between the user and KTH, You agree not to hold yourself as a representative, agent, or employee of KTH and KTH shall not be liable for any representation, act, or omission of the user.
PERSONAL DATA PROTECTION
Any of your personal information collected, processed or disclosed by using or visiting the Website and/or Application shall be governed under Personal Data Protection Act B.E. 2562 (2019). In order to fully understand your rights, details of personal data we collect, how we collect, process, disclose and store your personal data, and etc., we recommend you to read our Privacy Policy in this following link [Privacy Policy]
USE OF COOKIES
During normal usage of the Website, we may collect certain information about yourself, such as your Internet Protocol (IP) address, the time of your visit, pages you request, name of the internet service provider, the website or media that referred you to us, and etc. through the use of cookies which are small files stored on your web browser in order to optimize the design of the Website. Cookies enable us to track and aggregate user behavior data so that we may better target the interests of our users and enhance their experience on the Website. You can set your browser to refuse all cookies or to indicate when a cookie is being sent. However, some website features or services may not function properly without cookies. Therefore, in order to fully understand how the cookies work on our Website, we recommend you to read our Cookies Policy in this following link [Cookies Policy]
DISPUTE SETTLEMENT
Any dispute relating to enforcement, interpretation or application of this Terms and Conditions shall be finally settled by arbitration through Thailand Arbitration Center ("THAC") which domiciled at 689 Bhiraj Tower, 26th Floor, Sukhumvit Road, Khlong Tan Nuea, Watthana, Bangkok 10110 under following conditions:
a. The number of arbitrators shall be 3 [three];
b. The seat, or legal place, of arbitral proceedings shall be in Thailand; and
c. The language to be used in the arbitral proceedings shall be in Thai.
LAWS AND JURISDICTION
The interpretation of this Terms and Conditions shall be governed by, construed and interpreted in accordance with the laws of Thailand without regard to the conflict of law principles thereof. By using the Website and/or Application, you consent that KTH will have exclusive jurisdiction in all disputes arising out of or relating the use of the Website and/or Application.
GENERAL
KTH reserves the right to modify or alter or change the contents of the Website and Application, terms, conditions or remove any of the products, promotions, services offers etc. without prior notice and it is therefore strongly recommended to regularly check the Website, Application or sites or contact your nearest KTH dealer before making any decisions.
Kia ID Terms & Conditions (Link)
You can check the details by clicking on the link. - [Kia ID Terms & Conditions]
CONTACT US
The Website and Application are only for information purposes and you could contact us via using the "Contact us" menu. But for all practical and legal purposes you are required to address your communication by certified mail to the below given address:
Kia Sales (Thailand) Co., Ltd.