TERMS AND CONDITIONS

Last updated: April 1^ST, 2022

These Terms of Use (the “Terms”) set forth the legally binding terms governing your access to and use of the Distribution KT Automotive Website, web pages, interactive features, applications, widgets, blogs, and their respective content and, unless otherwise noted, any other interactive content linking to the Distribution KT Automotive Website (“Distribution KT Automotive”), and any materials on the Site are owned or operated by Distribution KT Automotive (as defined herein) (collectively, the “Sites”). The Site is operated by Distribution KT Automotive, affiliated companies, or licensed by Distribution KT Automotive from third parties and posted on the Site.

These Terms apply to all persons who visit any of the Sites (“Visitors”), regardless of the Visitor’s level of participation. In these Terms, “your” refers to each Visitor and their agents (unless the context requires otherwise), and “we”, “us” and “our” refer collectively to Distribution KT Automotive. These Terms explain our obligations to you, and your obligations to us in connection with your use of the Site. By accessing and visiting any of the Site, you accept and agree to be bound by these Terms, any applicable Additional Terms (as defined below), and our Privacy Policy.

PLEASE READ THESE TERMS CAREFULLY. THESE TERMS INCLUDE A BINDING ARBITRATION AGREEMENT, WHICH MEANS THAT YOU AGREE TO SUBMIT ANY DISPUTE RELATING TO YOUR USE OF ANY OF THE SITES TO BINDING INDIVIDUAL ARBITRATION INSTEAD OF PROCEEDING IN COURT. THE DISPUTE/ARBITRATION PROVISION ALSO INCLUDES A CLASS ACTION WAIVER, WHICH MEANS THAT YOU AGREE TO PROCEED WITH ANY DISPUTE INDIVIDUALLY AND NOT AS PART OF A CLASS ACTION. THIS AGREEMENT ALSO INCLUDES A JURY WAIVER. DO NOT ACCESS OR USE ANY OF THE SITES IF YOU DO NOT ACCEPT THESE TERMS IN THEIR ENTIRETY.

We may at any time revise these Terms by updating them. All revisions to these Terms will be effective immediately upon posting by us and will apply to your use of the Site thereafter. The “Last Updated Date” at the top of this Agreement will indicate when the last modifications were made. To the extent permitted by applicable law, your continued use of any of the Site constitutes your acceptance of the modified Terms, so you should visit the Terms to review the current Terms from time to time. In addition, unless explicitly stated otherwise, any new features or services that augment or enhance the Site in the future will be considered part of the Site and subject to these Terms. We reserve the right to discontinue, restrict, modify, suspend or discontinue, temporarily or permanently, any or all of the Site (or any part thereof), with or without notice, and you agree that Distribution KT Automotive shall not be liable to you or any third party for any modification, suspension or discontinuance of the Site. In addition, we may terminate these Terms for any or no reason, and with or without notice. Your rights under these Terms will terminate automatically without notice from us if you fail to comply with any provision of these Terms. Upon termination of these Terms, you must stop using the Site.

Certain features of the Site may require you to download content, software, and/or agree to additional terms and conditions, policies, and disclaimers (collectively, “Additional Terms”), which are incorporated by reference into these Terms unless otherwise expressly stated in such Additional Terms. In the event of a conflict between these Terms and any of the Additional Terms, the Additional Terms shall prevail concerning the specific feature.

1. DESCRIPTION OF THE SITE.

The Site contains information relating to Distribution KT Automotive and its products, services, and promotional programs, including advertising, Distribution KT Automotive trademarks (as defined below), photographs, information, digital images, featured articles, surveys, applications, contests, and sweepstakes, and other content (collectively, “Content”), all of which is protected by copyright law and/or other federal and provincial laws. Content may be in the form of text, data, music, sound, graphics, images, photographs, video, software or other forms now known or later invented.

2. REGISTRATION TO RECEIVE INFORMATION; ACCOUNT REGISTRATION.

You may opt-in to receive marketing materials from Distribution KT Automotive, including news and special events. If you sign up, you will be asked to provide your personal information (as defined below) so that we can fulfill your request. Opting to receive these materials is entirely voluntary.

If you opt-in to receive information from Distribution KT Automotive, you may be asked to provide your personally identifiable information, such as your name, address, telephone number, or e-mail address (“Personal Information”). In addition, if you register, you may be asked to provide additional information, including your vehicle identification number. Please see our Privacy Policy for more information on how we protect your Personal Information.

If you opt-in to receive information from Distribution KT Automotive, you agree to provide true, accurate, and complete information about yourself as prompted by the forms. You may also have the opportunity to register for an account on the Site (“Account”) to access and use certain features of the Site, including certain applications offered by Distribution KT Automotive and certain specially tailored and customized products and services. If we have reasonable grounds (in our sole discretion) to suspect that the personal information you provide for registration or enrollment purposes is untrue, inaccurate, or incomplete, we have the right to reject, with or without notice, all current or future applications you make through the Site and/or to suspend or terminate your Account.

We shall have no liability associated with or arising from your failure to maintain accurate personal information in connection with your Account, including, but not limited to, your failure to receive critical information about Distribution KT Automotive and/or the Site.

Your selection and use of your Account username and password and any other information required for security access and authentication are subject to these Terms. You agree not to share your username, password, and any security-related information with anyone. You are responsible for all use of your Account and for ensuring that access to and use of your Account complies fully with these Terms. You acknowledge and agree that any use of your Account through your username, password and security information will be deemed to be an action by you on which we may rely. You are solely responsible for protecting the confidentiality and security of your Account.

3. OWNERSHIP AND USE OF THE SITE.

Distribution KT Automotive or its affiliates own all right, title, and interest in, and/or have a valid right to use and sublicense the Site and all Site Content, including, without limitation, all service marks, logos, and trade names used on the Site (collectively, “Trademarks”).

Distribution KT Automotive grants you a limited, non-exclusive, non-transferable, revocable right and license to access and use the Site for your own personal, non-commercial use, subject to your compliance with these Terms, including, without limitation, the restrictions on the use of the Site. Distribution KT Automotive may, in its sole discretion, suspend, discontinue or terminate this license to you at any time and for any reason.

Distribution KT Automotive reserves the right at any time and from time to time to modify, suspend, discontinue, or permanently terminate the operation of any of the Site, or any part thereof, with or without notice to you. You acknowledge and agree that Distribution KT Automotive shall not be liable to you or any third party for any modification, suspension, interruption, or termination of part or all of the operation of the Site.

4. RESTRICTIONS ON ACCESS TO AND USE OF THE SITE.

As a condition of accessing and using the Site in accordance with the license granted to you under these Terms, you agree to comply with the following rules:

You may not copy, download, distribute (including, without limitation, forwarding to others), modify, publish, transmit, display, sell, license, use, reuse or create derivative works from any of the Content or other material displayed on the Site, including, without limitation, any trademarks of Distribution KT Automotive or its affiliated companies, for any purpose without our written consent and/or the consent of any third party we deem necessary;

You may not access or use the Site in any manner that could or is intended to damage or impair the operation of the Site, or any Content or material displayed on any of the Site, or any server or network underlying the Site, or in any manner that interferes with anyone else’s use and enjoyment of the Site;

You may not access or use the Site in any manner that may or is intended to threaten, defame, abuse, assault, harass, or otherwise violate the rights of any other person or entity, including without limitation, their rights of privacy or publicity;

You may not “spam” others or “phish” to collect or store personal information from others;

You may not access or attempt to access any data, information, system, or server on which the Site is hosted, or modify or alter the Site in any way;

You may not transmit or disseminate any commercial message, text, photograph, video, or audio content to or through any of the Site; and/or

You further agree to comply with all applicable laws, regulations, and other legal requirements relating to your access to and use of the Site.

You agree to notify us immediately if you suspect any illegal, fraudulent or abusive activity, or any activity that violates these Terms, including any unauthorized access to your Account. If you notify us or if we otherwise suspect such activity, you agree to cooperate with us in any investigation and to use any preventative measures we prescribe.

5. SITE DOWNLOADS.

When you download any Content from the Site (a “Download”), you understand that it is the property of Distribution KT Automotive, its affiliates, and/or licensors, as applicable, and is protected by intellectual property laws. Distribution KT Automotive hereby grants, and you agree to, a limited, non-exclusive, non-transferable, revocable right and license to download and use the version of the code that is the subject of the Download(s) on your own computer and/or compatible mobile device solely for your personal, non-commercial use. You acknowledge and agree that you may not reproduce, duplicate, modify, perform, transfer, publish, distribute, sell, create derivative works or otherwise use or make available the Download(s). You are not granted any license to the human-readable code, known as source code, of the downloaded content, and you are not granted any rights to any patents, copyrights, trade secrets, trademarks, or any other rights with respect to the content of any Download(s). You may not represent any Download(s) in any merchandise or product of any kind, or use any Download(s) for commercial purposes. You must provide all equipment and software necessary to connect to the Site, including, but not limited to, a computer (with Internet access) that is operational and suitable for use in connection with the Site. You are responsible for ensuring that your equipment and/or software does not disrupt or interfere with the operations of Distribution KT Automotive or the Site.

6. THIRD-PARTY PRODUCTS AND SERVICES AND LINKS.

The Site may contain links to other websites (“Third Party Sites”), as well as articles, photographs, text, graphics, images, designs, music, sound, video, information, applications, software, and other content or items owned by or originating from third parties (the “Third Party Applications, Software or Content”). Such Third-Party Sites and Third Party Applications, Software, or Content are not investigated, monitored, or checked by us for accuracy, appropriateness, legality, casualness, authenticity, reliability, or completeness, and none of Distribution KT Automotive (as defined below) is responsible for the Third Party Site accessed through the Site or the Third Party Applications, Software or Content posted on, available through or installed from the Site, including, without limitation, the content, accuracy, offensiveness, opinions, reliability, legality, privacy practices or other policies of or contained in the Third Party Site or Third Party Applications, Software or Content. The inclusion of, linking to, or permission to use or install any Third Party Site or any Third Party Applications, Software, or Content does not imply approval or endorsement of them by us.

If you decide to leave the Site and access the Third Party Site or use or install any Third Party Application, Software, or Content, you do so at your own risk and should be aware that, unless otherwise noted, these Terms and any other Distribution KT Automotive terms and policies no longer govern. You should review the applicable terms and policies, including privacy and data collection practices, of any Third Party Site and any Third Party Applications, Software, or Content you navigate to from the Site with any applications you use or install from the Site.

We may also make available or provide access to Third Party products, services, or applications. Such products, services, and applications must be purchased and/or obtained directly from such Third Party. DISTRIBUTION KT AUTOMOTIVE SHALL NOT BE A PARTY TO OR IN ANY WAY RESPONSIBLE OR LIABLE FOR ANY TRANSACTIONS RELATING TO PRODUCTS, SERVICES, OR APPLICATIONS AVAILABLE FROM SUCH THIRD PARTIES OR FOR ANY CONTENT OR INFORMATION PRESENTED IN CONNECTION WITH ANY SUCH THIRD-PARTY PRODUCT, SERVICE, OR APPLICATION. DISTRIBUTION KT AUTOMOTIVE SHALL NOT BE RESPONSIBLE FOR THE CONTENTS OF ANY WEBSITE OR MOBILE SITE LINKED TO THE SITE, AND THE FACT THAT SUCH LINKS ARE PROVIDED ON THE SITE DOES NOT INDICATE OUR APPROVAL OR ENDORSEMENT OF ANY MATERIAL CONTAINED ON ANY LINKED WEBSITE OR MOBILE SITE. YOUR CONNECTION TO AND USE OF ANY LINKED WEBSITE OR MOBILE SITE IS AT YOUR OWN RISK.

Links to the Site

The Third Party Site and Third Party Applications, Software, or Content may not use links to any part of the Site in any manner that implies sponsorship or affiliation with Distribution KT Automotive. In addition, when linking to any part of the Site, the Third Party Site and Third Party Applications, Software, or Content may not appear as a frame within the applicable page(s) of the Site providing the link or appear in any manner that makes the destination site appear to be content belonging to the site containing the link.

Third-Party Site Disclaimer

Any Third Party Site and Third Party Applications, Software, or Content that uses Content, information from, or links to any part of the Site must include a prominent disclaimer on the home page stating that such Third-Party Site is not authorized by or affiliated with Distribution KT Automotive.

7. OTHER COMPLAINTS AND COMMENTS ON THE DISTRIBUTION OF KT AUTOMOTIVE

Communication to Distribution KT Automotive regarding any complaints about products or services should be directed to Distribution KT Automotive Customer Service at email: info@distributionktautomotive.com, and not through the Site. Please do not send ideas or suggestions about the current or future Distribution of KT Automotive products, promotions, or advertising. For legal reasons, we do not accept such unsolicited ideas or suggestions.

8. PRIVACY.

You should review our Privacy Policy for an explanation of our collection and use of personal information, and our tracking and targeting of your actions on and/or through the Site, before continuing to use the Site, as you will be bound by the terms of that Privacy Policy, which is incorporated herein by reference.

9. INDEMNIFICATION AND HOLD HARMLESS.

You agree to defend, indemnify and hold harmless Distribution KT Automotive and its subsidiaries and affiliates, as well as their respective distributors, dealers, and advertising and promotion agencies and contractors, together with each of their respective employees, agents, directors, officers, and shareholders (collectively, “Distribution KT Automotive”), from all liabilities, claims, damages and expenses (including reasonable attorneys’ fees and costs) arising out of your use of the Site, your breach or alleged breach of any of these Terms, or your breach or alleged violation of any patent, copyright, trademark, proprietary or other rights of any third party on the Site.

10. DISCLAIMER OF WARRANTIES.

You understand and agree that your use of the Site, any Site services, and any downloads, is solely at your own risk and that you will be solely responsible for any damage to your mobile device or computer or any other equipment or loss of data that may result from your use of the Site.

The Site and Content are provided “AS IS” and “AS AVAILABLE” without warranty of any kind, express, implied, or statutory. WE SPECIFICALLY DISCLAIM ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.

Distribution KT Automotive does not warrant that the Site or any Content or other material obtained through the Site will meet your requirements, or that the Site will be uninterrupted, timely, secure, non-infringing, or error-free. You understand and agree that you are responsible for all charges, costs, and/or expenses for access to or use of the Site, including the Mobile Services. No advice or information, whether oral or written, obtained by you from us or through the Site shall create any warranty not expressly made herein. You may not rely on any such information or advice. To the extent jurisdictions do not allow the exclusion of certain warranties, some of the above exclusions may not apply to you. We assume no responsibility for degradation of performance, interruption, or delays of any of the Site, or errors or omissions in any Content or other materials on or through the Site. We do not warrant or represent that your use of material displayed on or obtained through the Site will not infringe any rights of third parties.

Any decision or action you take based on the information or content provided on the Site is at your sole discretion and at risk. We are not responsible for any such decision, nor for the accuracy, completeness, usefulness, or availability of any content displayed, transmitted, or made available on the Site.

11. MISCELLANEOUS.

(a) Notices and Notices: Except as otherwise expressly provided herein, all notices to Distribution KT Automotive shall be in writing and delivered via an email courier service.

(b) Severability: If any provision of these Terms is unlawful, void, or unenforceable, such provision shall be deemed severable from these Terms and shall not affect the validity and enforceability of any remaining provisions.

(c) Governing Law: These Terms and any dispute arising under or relating to these Terms will be governed by the laws of Canada, without reference to its conflict of law principles.

(d) Entire Agreement: These Terms constitute the entire, complete and exclusive agreement between you and us relating to the Site and supersede all prior agreements and understandings with respect to the subject matter of these Terms.

(e) Waiver: Distribution KT Automotive’s remedies outlined in these Terms shall be cumulative and not alternative, and the election of one remedy for a breach shall not preclude the pursuit of other remedies. Our failure to assert, at any time or from time to time, any of our rights under these Terms shall not constitute a waiver of such right.

12. DISPUTES / ARBITRATION.

PLEASE READ THIS PROVISION CAREFULLY. IT INCLUDES AN AGREEMENT TO BINDING ARBITRATION, WHICH MEANS THAT YOU AGREE TO SUBMIT ANY DISPUTE RELATING TO YOUR USE OF ANY OF THE SITES TO BINDING INDIVIDUAL ARBITRATION INSTEAD OF PROCEEDING IN COURT. THIS PROVISION ALSO INCLUDES A CLASS ACTION WAIVER, WHICH MEANS THAT YOU AGREE TO PROCEED WITH ANY DISPUTE INDIVIDUALLY AND NOT AS PART OF A CLASS ACTION. THIS AGREEMENT ALSO INCLUDES A JURY WAIVER.

Distribution KT Automotive’s goal is that the Site will meet your expectations and that you will be satisfied. However, there may be instances where you have a problem or dispute that requires special attention. In those cases, Distribution KT Automotive is committed to working with you to reach a reasonable resolution to your satisfaction; however, we can only do so if we know and understand your problem. Therefore, for any problem or dispute you may have with Distribution KT Automotive, you acknowledge and agree that you will first give Distribution KT Automotive the opportunity to resolve your problem or dispute. This includes that you first send a written description of your problem or dispute to Distribution KT Automotive, email info@distributionktautomotive.com. You then agree to negotiate with Distribution KT Automotive in good faith about your problem or dispute. This should lead to a resolution, but if for any reason your problem or dispute is not satisfactorily resolved within sixty (60) days of Distribution KT Automotive’s receipt of your written description of your problem or dispute, you agree to the following dispute resolution provisions.

You agree that the sole and exclusive forum and remedy for all disputes and claims that cannot be resolved informally and that relate in any way to or arising out of your use of any of the Site and these Terms shall be final and binding arbitration, except to the extent that you have infringed or violated or threatened to infringe or violate any patent of Distribution KT Automotive or any third party, copyright, trademark, trade secret, privacy or publicity, in which case you acknowledge that there is no adequate remedy at law and that Distribution KT Automotive and/or the applicable third party(ies) may seek injunctive or other appropriate relief, either in court or from an arbitrator.

To the extent permitted by applicable law, NO ARBITRATION OR OTHER CLAIM UNDER THIS AGREEMENT MAY BE JOINED WITH ANY OTHER ARBITRATION OR CLAIM, INCLUDING ANY ARBITRATION OR CLAIM INVOLVING ANY OTHER CURRENT OR FORMER VISITOR TO THE SITE, AND NO CLASS ARBITRATION PROCEEDING SHALL BE PERMITTED. In the event that this CLASS ACTION WAIVER is deemed unenforceable, then any putative class action may only proceed in a court of competent jurisdiction and not in arbitration.

WE BOTH AGREE THAT, WHETHER THE CLAIM IS IN ARBITRATION OR COURT, BOTH YOU AND DISTRIBUTION KT AUTOMOTIVE WAIVE ANY RIGHT TO A JURY TRIAL IN CONNECTION WITH ANY CLAIM OR DISPUTE BETWEEN US.

In no event shall any claim, action, or proceeding by you relating in any way to this Agreement be instituted more than two (2) years after the cause of action has arisen.

13. CONTACTING US

If you have any questions, complaints, or claims about the Site, or if you have any difficulties, please send us an e-mail at info@distributionktautomotive.com or call us at the telephone number 1-855-808-2501.

Address:
4497 Blvd de Grandes Prairie, Montréal, PQ H1R 1A5. Canada