Welcome to https://www.kiawebpromo.com (hereinafter “the Website”).
The Website is operated by Raid Inc. (“Raid”). Raid is a company duly registered under the Companies Act (Quebec), and has its principal place of business at 774 Saint-Paul Street West, 3rd Floor, Montreal, Quebec H3C 1M4. Raid operates the Website with the permission and on behalf of the Participant Kia Car Dealers.
Please read all of the following terms and conditions carefully before using the Website. By using or accessing the Website, you declare that You are of legal age to enter into this Agreement and that you accept all the terms and conditions hereof. If, at any time, you do not or cannot agree to the terms of this Agreement, you must stop accessing or using the Website.
Amendment to the Agreement
Raid may at any time amend all or part of this Agreement or any section hereof. You undertake to read such amendments and to be bound thereby. In the event of material amendments to the Agreement, Raid shall notify you thereof by publishing a notice of amendment on the Website within a reasonable period of time. Consequently, you must regularly read this Agreement. Amendments shall come into force upon publication of such notice of amendment by Raid. In the event of a conflict between an amendment and an earlier version of the Agreement, the amended version shall prevail.
Use of the Website and registration
To access certain Website functions, you must provide your name, telephone number and email address. During the registration process, you undertake to provide true, accurate, current, and complete information. You represent and warrant that you will not register under another person’s name.
All rights, titles, and interests in and to the Website are the property of Raid as first owner of said rights, titles and interests or as a licencee of said rights, titles and interests from Participant Kia Car Dealer. The Website is protected by copyright, trademark, and other domestic and foreign intellectual property laws. You agree to refrain from copying, amending, reproducing, publicly posting, transmitting, selling or creating derivative works from the Service, exploiting all or part of the Service, using or accessing any element or distributing the contents of the Service for commercial purposes, or otherwise using the Website or creating derivative works or websites therefrom. No information or content of the Website shall be construed as directly or indirectly conferring a licence to use a trademark, patent or copyright. You may copy, privately post, and, from time to time, print a paper copy of pages contained on the Website solely for your personal, non-commercial use.
Prohibited usesAs a condition to your use of the Website, you agree not to:
Raid has the right to investigate and prosecute violations of any of the above, including, without limitation, possible infringements of any intellectual property rights and possible security breaches, and this to the fullest extent of the law. Raid may involve and cooperate with law enforcement authorities in prosecuting users who violate this Agreement. You acknowledge that, although Raid has no obligation to monitor your access to or use of the Website, it has the right to do so for the purpose of operating the Website, to ensure your compliance with this Agreement, or to comply with applicable law or the orders or requirements of a court, administrative agency, or other government body.
Protection of personal information
Anonymous information gathered through the Website
Raid gathers anonymous information respecting use of its Website. Consequently, Raid uses technology to know whether the pages of its Website have been consulted by visitors and to compile statistics on them and their use of the Website. This information is gathered by means of an analytical platform (such as Google Analytics), log files, and cookies.
Raid also uses technology to determine how often hyperlinks are used and to determine which pages of the Website its visitors choose to consult.
This anonymous information is gathered in such a way that Raid is unable to identify the users.
Raid posts advertising campaigns based on areas of interest on sites owned or operated by Raid as well as independent sites using the anonymous information gathered when you consult the Website. The advertising campaigns based on areas of interest that are sometimes referred to as personalized or targeted advertising campaigns are posted based on the anonymous information gathered from your activities on the Website and any sites you may have visited that had content or advertising campaigns from Raid.
Generally, you may choose not to receive personalized advertising campaigns from third party advertisers and advertising networks that are members of the Network Advertising Initiative (NAI) or that subscribe to the Canadian Self-Regulatory Principles for Online Behavioural Advertising by visiting the opt-out page of the websites of the NAI and the Digital Advertising Alliance (DAA).
Vehicle advertising service
The Website is an advertising service of vehicles for sale or rent by Participant Kia Car Dealers. Raid does not sell vehicles through the Website and is limited to putting Participant Kia Car Dealers in touch with you. You undertake to refrain from holding Raid responsible for advertisements placed by Participant Kia Car Dealers. Raid does not promote vehicles advertised on the Website.
The price, the characteristics of the vehicle and the other terms of sale or rent remain subject to direct negotiation between a Participant Kia Car Dealer and you. Raid makes no statements regarding the prices advertised by Participant Kia Car Dealers. The advertised price excludes sales and service taxes, but includes all other costs. The Participant Kia Car Dealer is responsible for advertisement content. Raid is not responsible for information sent through or posted on the Website. Raid is unable to verify information published by a Participant Kia Car Dealer and provides no guarantee of the accuracy or reliability of the advertisements or communications of Participant Kia Car Dealers regarding the quality, safety, or legality of the item on offer.
Disclaimer of warranty and limitation of liability
To the full extent allowed by applicable law, Raid gives no representation or warranty regarding the Website, including that the Website will meet your requirements or will be compatible with any hardware or software provided by third parties, that the Website will be uninterrupted, without problems or error free, or that all errors in the Website will be corrected. Raid provides the Website “as is” and “as available”.
To the full extent allowed by applicable law, Raid’s warranties and remedies expressly set forth herein (if any) are exclusive and replace all other warranties, be they explicit or implied either in fact or by operation of law, duties, oral or written statements or otherwise, including, but not limited to, the implied warranties of merchantability, availability, performance, compatibility, suitability for a particular purpose, satisfactoriness, compliance with description, and non-infringement, all of which are expressly disclaimed.
To the full extent allowed by applicable law, in no event shall Raid and its suppliers or licensors be held liable, whether based on a contract or tort (including negligence) or strictly liable, for any incidental, indirect, consequential, special or punitive damages whatsoever, or for loss of revenue or profits, loss of business or goodwill, loss or corruption of, or unauthorized access to, or disclosure of information or data, or other financial loss arising out of or in connection with the use, performance, failure, or interruption of the Website, whether foreseeable or not, and this even if Raid had been advised of the possibility of such damages. In the event that Raid is found liable to pay you damages, Raid’s total cumulative liability to you under this agreement shall not exceed $100. The above limitations of liability will not be affected if any remedy provided herein fails in its essential purpose.
You agree to defend, indemnify, and hold harmless Raid, its officers, directors, affiliates, employees and agents, from and against any claims, liabilities, damages, losses, and expenses, including, without limitation, reasonable legal and accounting fees, that are in any way connected with your access to or use of the Website.
Raid may terminate this Agreement and cancel your access to the Website at any time. Raid undertakes to give you reasonable prior notice of this termination unless such termination is caused by your failure to comply with this Agreement or the law.
This Agreement shall be governed by and interpreted in accordance with the laws of the Province of Quebec and the applicable Canadian laws. Parties hereby irrevocably submit to the jurisdiction of the courts of the district of Montreal, Province of Quebec.
This Agreement constitutes the entire agreement between Raid and you regarding the use of and access to the Website, and this Agreement supersedes and replaces any prior agreements between Raid and you regarding the Website.
This Agreement shall be binding upon, enuring to the benefit of, and enforceable by and against each of the parties and their respective successors and assigns. Raid shall be allowed to assign this Agreement to any third party without requiring your consent.
Nothing in this Agreement shall constitute a partnership or joint venture between you and Raid or between Raid and any third party, including, without limitation, any third party advertiser.
Should a particular provision of this Agreement be held to be invalid by a court of competent jurisdiction, such provision shall be deemed severed from this Agreement and shall not affect the validity of this Agreement as a whole.
If you have any concerns, questions, or complaints regarding this Agreement, please contact Raid:
By mail at: 774 Saint-Paul Street West, 3rd Floor, Montreal, Quebec H3C 1M4
By e-mail at: email@example.com
The Agreement was last updated on 2020-01-25