Please read these terms and conditions of use carefully before using this mobile application (the “App”). By accessing or using this App or any functionality thereof on any computer, mobile phone, tablet, console or other device (together “Devices” and each a “Device”), you confirm that you have read, understood and agreed to be bound by these Terms and Conditions of Use and any other applicable law.

If you do not agree to these Terms and Conditions of Use, please do not access or use the App or any functionality thereof.

1. Owner and Operator Information

1.1. The App is owned, technically supported and operated by Kam Lung Motor Group (“KLM”).

1.2. For the purpose of these Terms and Conditions of Use, any reference to “KLM”, “we” or “us” may be a reference to the Kam Lung Motor group of companies in general, or to any one company within the KLM group of companies if no useful purpose is served by identifying that specific company.

2. User Restrictions and Access

2.1. This App is intended for motorists only and may not be used by any person who is not legally entitled to drive a motor vehicle. It should not under any circumstances be accessed or used whilst driving.

2.2. In order to use this App, you are required to register and sign in as a KLM Power member.

2.3. Be aware that the use of some of the functionalities of this App require access to the Internet.

3. Acceptable use

3.1. You may:

1. access any part of the App (KLM Power members will be able to access the key function(s) within the App); and
2. print off one copy of any or all of the pages for your own personal non-commercial use.

3.2. You may not:

1. copy (whether by printing off onto paper, storing on disk, downloading or in any other way), distribute (including distributing copies), broadcast, alter or tamper with in any way or otherwise use any material contained in the App (including User Generated Content, unless it is your own User Generated Content that you legally post to the App or associated forum) except as set out under Clause 3.1 above. These restrictions apply in relation to all or part of the Content;
2. remove any copyright, trademark or other intellectual property notices contained in the original material from any material copied or printed off from the App;
3. link to the App;
4. use the App (or any part of it) in any unlawful manner, for any unlawful purpose, or in any manner inconsistent with these Terms and Conditions of Use, or act fraudulently or maliciously, for example, by hacking into or inserting malicious codes, including viruses, or harmful data, into the App or any operating system;
5. use the App in a way which could damage, disable, overburden, impair or compromise KLM Power’s systems or security or interfere with other users;
6. collect or harvest any information or data from the App or our systems or attempt to decipher any transmissions to or from the servers running any part of the App; or
7. change or delete any ownership notices from materials downloaded or printed from the App;
8. circumvent or modify any App security technology or software, without KLM’s express written consent.

3.3. Subject to Clause 3.2(c), if you wish to provide a hypertext or other link to this App, please email marketing@kamlung.com with details of:

1. the URL(s) of the web page(s) from which you are proposing to link to this App; and
2. the URL(s) of the web page(s) on this App to which you are proposing to link.

3.4. KLM may, at its sole discretion, agree to or reject any request made in accordance with Clause 3.3 above. KLM have no obligation to agree to any such request or to provide any reason for accepting to rejecting any such request.

4. Mobile Services

The use of the App is for free but be aware that your carrier´s normal rates apply. The App contains services and features that are available to certain mobile devices. By using the App, you agree that we may communicate with you by electronic means to your mobile device and that certain information about your use of these services may be shared with KLM. If you change or deactivate your mobile phone number, you have to immediately update your account information to ensure that messages will not be sent to the person who acquired your old number.

5. Indemnification

5.1. You agree to indemnify, defend and hold harmless KLM, its affiliates, officers, directors, employees, agents, licensors, suppliers from and against all claims, losses, liabilities, expenses, damages and costs, including, without limitation, legal costs arising from or relating in any way to your User Generated Content, your use of Content, your use of the App or any violation of these Terms and Conditions of Use, any law or the rights of any third party.

6. Security

6.1. Subject to availability, if you choose or are provided with a username, password or any other piece of information as part of KLM Power’s security procedures, you must treat such information as confidential and you must not disclose it to any third party nor allow any unauthorized person access to the App under your username and/or password. You are responsible for any actions that take place while using your App account or while using the App via your Device. KLM are not responsible for any loss that results from the unauthorized use of your username and/or password, with or without your knowledge.

7. Intellectual Property Rights (“IPR”)

7.1. All intellectual property contained in or on the App (except for User Generated Content) is owned by KLM or its licensors. All content in the App (except for User Generated Context) including, but not limited to, text, software, scripts, code, designs, graphics, photos, sounds, music, videos, interactive features and all other content (“Content”) is a collective work under applicable copyright laws and is the proprietary property of KLM. KLM Power reserves all of its rights in respect of the IPR contained in the App and in respect of the Content.

7.2. In particular, this App contains trademarks including, but not limited to, the mark “KLM Power” and the KLM Power emblem. All trademarks included on this App are owned by KLM or its licensors. KLM reserves all of its rights in respect of the trademarks included on this App.

7.3. Nothing in these Terms and Conditions of Use shall be interpreted as granting to you any license of IPR owned by KLM or its licensors.

8. Data Protection and Privacy Policy

8.1. Personal details and other information relating to you provided to any KLM company through this App will only be used in accordance with our Privacy Policy. Please read the privacy policy carefully before continuing. By downloading the App you are consenting to use of this information in accordance with our Privacy Policy, which is incorporated into these Terms and Conditions of Use by this reference.

9. Disclaimer and Liability

9.1. You are responsible for the accuracy of the information that you enter or submit into the App.  While KLM do its best to ensure that any information provided as part of this App is correct at the time of inclusion on the App, KLM cannot guarantee the accuracy of such information.

9.2. To the fullest extent permitted by law, KLM disclaim all warranties, express or implied, regarding the operation and use of the App. You understand and agree that you use the App at your own risk and that you are solely responsible for your use and for any damage to the device through which you access the App, loss of data or any other harm of any kind which may result from downloading, accessing or using the App.

9.3. To the fullest extent permitted by law, KLM shall under no circumstances whatsoever be liable to you, whether in contract, tort (including negligence), breach of statutory duty or otherwise, arising under or in connection with either your use of this App, or for your reliance on any information or advice contained in the App for:

1. loss of actual or anticipated profit, sales, savings, use, business, business opportunity or revenue;
2. losses caused by business interruption;
3. loss of goodwill or reputation;
4. loss or corruption of data, information or software; or
5. any indirect, special or consequential cost, expense, loss or damage suffered by you in connection with your use of the App or any materials posted on it, even if such cost, expense, loss or damage was reasonably foreseeable or might reasonably have been contemplated by you and/or KLM.

9.4. Nothing in these Terms and Conditions of Use shall limit or exclude KLM’s liability for death or personal injury caused by KLM’s negligence or for fraud or fraudulent misrepresentation.

10. External websites and applications

10.1. The App may include links to external websites or applications. When you follow such links the external website or application may appear as a full screen (in which case you will need to use the Device button to return to this App) or in some cases it may appear within the frame of this App (in which case you will be able to return to this App by using the navigation buttons within the frame or this App). These links are provided in order to help you find relevant websites, applications, services and/or products which may be of interest to you quickly and easily. It is your responsibility to decide whether any services and/or products available through any of these websites or applications are suitable for your purposes. KLM are not responsible for the owners or operators of these applications or websites or for any goods or services they supply or for the content of their websites or applications and does not give or enter into any conditions, warranties or other terms or representations in relation to any of these or accept any liability in relation to any of these (including any liability arising out of any claim that the content of any external website or application to which this App includes a link infringes the intellectual property rights of any third party).

11. Changes to/operation of the App

11.1. KLM may change the format and content of all or any part of this App at any time, including but not limited to removal of features or functionalities in the App.

11.2. KLM may suspend the operation of this App, or of certain of its features or functionalities, for support or maintenance work, in order to update the content or for any other reason.

11.3. Updates to the App may be issued from time to time through the Appstore or Google Play. Depending on the update, you may not be able to use all or part of the App until you have downloaded the latest version of the App and accepted any new terms.

12. Transfer of Rights

12.1. KLM may transfer its rights and obligations under these Terms and Conditions of Use to any affiliate of KLM. Any such transfer will not affect your rights or KLM’s obligations under these Terms and Conditions of Use.

13. Complaints Procedure

13.1. If you have a question or complaint about this App, please email marketing@kamlung.com .

14. Severance

14.1. Each of the Clauses or sub-clauses of these Terms and Conditions of Use operates separately. If any court or relevant authority decides that any of them are unlawful or unenforceable, the remaining Clauses or sub-clauses will remain in full force and effect.

15. Termination

15.1.  KLM reserve the right in its sole discretion to terminate your account and/or access to this App or any functionalities thereof, delete your profile and/or restrict your use of all or any part of the App at any time, for any or no reason, without notice and without liability to you or anyone else. KLM also reserve the right to prevent access to the App or any of its functionalities or features.

15.2. After any line of action subject to Clause 17.1 you are not allowed to create a new account to circumvent the termination, deletion or restriction.

15.3. You understand and agree that some of your User Generated Content may continue to appear on or through the App or may persist in backup copies for a reasonable period of time even after your account and/or access to the App is terminated. 

15.4. These Terms and Conditions of Use remain in effect after your account and/or access to the App is terminated.

16. Changes to these Terms and Conditions of Use

KLM may change these Terms and Conditions of Use at any time without notice, effective upon posting the amended Terms and Conditions of Use to the App. In the event that the Terms and Conditions of Use are amended, you will be asked to accept those revised Terms and Conditions of Use when you next use the App. Any use of the App thereafter will be on the basis of those revised Terms and Conditions of Use.