Terms of Use (Hyundai AutoEver India Private Limited)

Introduction
You are requested to read these terms andconditions along with the Privacy Policy of this Website carefully beforeaccessing this website or other sites owned, hosted and maintained by Hyundai AutoEver Inc.(“AutoEver","we", "us “or "our"),collectively referred to as ‘Website’.

These Terms and Conditions (the “T&C”)constitute a valid and binding agreement between AutoEverand the user (‘You/Your’). By using the Website,per se, you agree to be bound by all the terms and conditions as mentionedherein. The following terms and conditions and any amendments or modificationsmade thereto, govern the use of the Website and any content made available fromor through the Website.

By accessing the Website, you warrant that Youhave fully read and understood these T&C and agree to be legally bound bythese terms and acknowledge unconditional acceptance without limitation orqualification of these T&C. We may change these T&C at any time withoutany prior notice in writing or otherwise to You, by posting changes on theWebsite. You may review these terms regularly to ensure that You are aware ofany changes made by us. The continued use of our Website by You, after changesare posted means that You agree to be legally bound by these T&C as updatedand/or amended. In the case of any violation of these T&C or any additionalterms posted on Website, we reserve the right to seek all remedies available bylaw and in equity for such violations.

If you do not agree with any of these terms orconditions, do not use, access or the websites or products or services providedor supported via this website.

Linkable Table of Contents

1.    Definition

2.    Eligibility

3.    Indian Users

4.    Intellectual Property Rights

5.    Access to Information

6.    Use of Information Provided inthe Website

7.    Acceptable Use of Website

8.    Links To Third Party Sites

9.    Communication from AutoEver   

10.  Reverse Engineering and Security

11.  No Warranty

12.  Limitation of Liability

13.  Indemnity

14.  Termination/Access Restriction

15.  Dispute Resolution Policy

16.  Additional Terms

17.  Severability

18.  Entire Agreement

19.  Relationship betweenParties

20.  Notice

 

 

1.Definition:
The Parties referred to in these Terms of Use shallbe defined as follows:

a.   Owner, Us, We, M/s. Hyundai AutoEver India Private Limited, AutoEver: theOwner, as the creator, operate and publisher of this Website, makes the Websiteand certain Services on it, available to the you the Users. Owners, M/s.Hyundai AutoEver India Private Limited, AutoEver, Us, We, Ours and otherfirst-person pronouns will refer to the Owner, as well as all its employees andaffiliates of the Owner.

b.   You, the User, the Client: You, as the user of this Website, will be referredto throughout these Terms of Use with second person pronouns such as You, Your,Yours, or as User or Client. For the purpose of this Terms of Use, the termUser or You shall mean any natural or legal person who is accessing thisWebsite.

c.    Parties: Collectively, the Parties of this Terms of Use (the AutoEver andYou) will be referred to as Parties.

2.Eligibility
You warrant that you are legally capable to enterinto this Agreement as provided under the Indian Contract Act, 1872. If you arerepresenting any individual or organisation you represent that you possesslegal authority. The owner assumes no responsibility or liability for anymisrepresentation of your legal capability and legal authority to use theproducts and services offered on the AutoEver website.

3.Indian Users
The Website can be viewed anywhere in the worldbut is intended for use only in India by a person residing in India. Theproducts and services provided on the Website are not available in allgeographic areas. Your eligibility for particular products and services issubject to final determination by AutoEver and/orits affiliates. Hyundai/Kia vehiclesdescribed in the Website relate only to Indian specifications.

4.Intellectual Property Rights
Unless otherwise indicated, the Website and allmaterials, including images, designs, video clips, animation, contents etc.written that are part of the Website are intellectual properties owned,controlled or licensed by/to AutoEver and areprotected by Indian and/or international intellectual property laws whetherregistered or otherwise. You are not permitted to use the same. Unlessotherwise indicated or anything contained to the contrary or any proprietarymaterial owned by a third party and so expressly mentioned, AutoEverowns or has been licensed, as the case may be, allintellectual property rights to and into the trademark "Hyundai/Kia"and the Website including, without limitation, any and all rights, title andinterest in and to trade names, service marks, logos, domain name, copyright,related rights, patents, utility models, designs, know-how, designs, graphicsand inventions, goodwill, source code, meta tags, databases, text, content,graphics, icons, and hyperlinks. All those intellectual property rights arisingas a result of domain names, internet or any other right available underapplicable law shall vest solely and exclusively in AutoEverand/or AutoEver‘saffiliate, as the case may be, as the owner of such domain name. You herebyagree and confirm that nothing contained herein shall be construed asconferring or transferring to You any license or right, by implications,estoppels or otherwise, to any intellectual property rights mentionedhereinabove. You shall not use, reproduce or distribute any content from theWebsite / intellectual property belonging to AutoEverand/or its affiliates, as the case may be.

You agree and acknowledge that any infringement ofthe intellectual property rights will result in legal action against You.

AutoEverrespects the intellectual property of others, andwe ask You to do the same. AutoEver hasno responsibility for content on other websites linked to  this  Website that You may find or access whileusing this website. It is AutoEver's policy, inappropriate circumstances and at its discretion, to disable and/or terminatethe accounts of such users who may infringe or repeatedly infringe thecopyrights or other intellectual property rights of AutoEverand/or others.

In order to make the Website and Servicesavailable to You, You hereby grant AutoEver a royalty-free, non-exclusive,worldwide license to copy, display, use, broadcast, transmit and makederivative works of any content You publish, upload or otherwise make availableto the Website (Your content). AutoEver claims no further proprietary rights inYour content.

If You feel that any of Your intellectual Propertyrights have been infringed or otherwise violated by the posting of Informationor media by another of Our users, please contact Us and let Us know.

 

5.Access to Information
You are solely responsible for all informationentered through or electronically transmitted to AutoEverthrough the Website and accept that all such data transmissions are undertakenat Your own risk. By using the login service, You authorize AutoEverto access and retrieve information requested by You. You are solely responsibleto protect the password to Your account on the Website and AutoEverwill not be liable for any loss that You may incur as a result of someone usingYour password or account, either with or without Your knowledge.

6.Use of Information Provided in the Website
By providing Your information/inputs to AutoEverby Your use of the Website or its associated services, you grant AutoEverpermission to use it, 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 namein connection with Your materials in compliance with applicable laws and AutoEver’sPrivacy Policy. All information submitted to AutoEvervia the Website shall be deemed and remain the property of AutoEver and AutoEvershall be free to use, for any purpose, any idea, concepts, know-how ortechniques contained in the information You provided AutoEverthrough the Website. AutoEver shall not besubject to any obligations of confidentiality regarding submitted information exceptas required by applicable law.

7.Acceptable Use of Website
You will not copy, reproduce, republish, download,make available to the public, adapt, alter, create a derivative work orotherwise use our Website and/ or content in any way except for Your ownpersonal, non-commercial use. Any other use of our Website and/ or contentrequires the prior written permission of AutoEver.

You agree to use our Website only for lawfulpurposes and in a way that does not infringe the rights of, restrict or inhibitanyone else's use of Website. Unauthorized use of AutoEver'sWebsite and systems including but not limited to unauthorized entry into AutoEver'ssystems, misuse of passwords, or misuse of any information posted on a site isstrictly prohibited. You further agree not to use the Website or Services toHarass, Abuse or threaten others or otherwise violate any person’s legalrights; not to violate any intellectual property rights of the owner or anythird party; to upload or otherwise disseminate any computer viruses or othersoftware that may damage the property of another; not to perpetrate any fraud;not to engage in or create any unlawful gambling, sweepstakes, or pyramidscheme; not to publish or distribute any obscene or defamatory material; not topublish or distribute any material that incites violence, hate or discriminationtowards any group and not to unlawfully gather information about others.

It is important to remember that commentssubmitted to our public sections /forum may be recorded and stored in multipleplaces, both on our Website and elsewhere on the internet. It is thereforeimportant that You are careful and selective about the personal informationthat You may disclose about Yourself and others, and in particular, You shouldnot disclose sensitive, proprietary or confidential information in Yourcomments to our public sections/forums.

Any commercial or promotional distribution,publishing or exploitation of the Website, or any content, code, data ormaterials on the Website, is strictly prohibited. Other than as expresslyallowed herein You may not download, post, display, publish, copy, reproduce,distribute, transmit, modify, perform, broadcast, transfer, create derivativeworks from, sell or otherwise exploit any content, code, data or materials onor available through the Website. You further agree that You may not alter,edit, delete, remove, otherwise change the meaning or appearance of, orrepurpose, any of the content, code, data, or other materials on or availablethrough the Website, including, without limitation, the alteration or removalof any trademarks, trade names, logos, service marks, or any other proprietarycontent or proprietary rights notices. You acknowledge that You do not acquireany ownership rights by downloading any copyrighted material from or throughthe Website. If You make other use of the Website, or the content, code, dataor materials thereon or available through the Website, except as otherwiseprovided above, You may violate copyright and other laws of India, othercountries and may be subject to liability for such unauthorized use.

You must not misuse our Website by knowinglyintroducing viruses, trojans, worms or other material which is malicious ortechnologically harmful. You must not attempt to gain unauthorised access toour Website, the server on which our Website is hosted or any server, computeror database connected to our Website.

In connection with submissions by You, You furtheragree that You will not submit material that is personal information ofYourself or any other person; copyrighted, protected by trade secret orotherwise subject to third party proprietary rights, including privacy andpublicity rights, unless You are the owner of such rights or have permissionfrom their rightful owner to post the material and to grant AutoEverall of the license rights granted herein.

AutoEverdoes not endorse any user submission or anyopinion, recommendation, or advice expressed therein, AutoEverexpressly disclaims any and all liability in connection with user submissions. AutoEverdoes not permit copyright infringing activities and infringement ofintellectual property rights on its Website. AutoEverwill remove all content and user submissions if properly notified that suchcontent or user submission infringes on another's intellectual property rights.AutoEverreserves the right to remove content and usersubmissions without prior notice.

 

8.Links To Third Party Sites
The Website may contain links to websitescontrolled or offered by third parties (non-affiliates of AutoEver).You acknowledge and agree that we have no responsibility for the information,content, products, services, advertising, code or other materials which may ormay not be provided by or through linked sites. AutoEverhereby disclaims liability for, any information,materials, and products or services posted or offered at any of the third partysites linked to the Website. Creation of a link to a third party web site, doesnot imply endorsement, sponsorship or recommendation by AutoEverof any products or services offered or informationcontained at that web site, nor is AutoEver liablefor any failure of products or services offered or advertised at those sites.We do not represent or warrant that the contents of any third party site areaccurate, compliant with applicable law, or compliant with copyright or otherintellectual property laws. Also, we are not responsible for or any form oftransmission received from any linked site. Any reliance on the contents of athird party site is done at the Your own risk and You assume all responsibilitiesand consequences resulting from such reliance. Any concerns regarding any suchservices or resources, or any link thereto, should be directed to theparticular service or resource. Such third party may have a privacy policydifferent from that of AutoEver andthe third party website may provide less security than the AutoEversite.

9.Communication from AutoEver
You agree that by submitting the form (any enquiryor booking), You provide consent to receive communications via phone orelectronic messages or electronic mails from AutoEveror its partners on the phone number or email address provided by You in orderto assist You with the selection of a car and/or service and understanding Yourrequirements. You agree that the communications sent to you by Us shall not beconstrued as spam or bulk under any law prevailing in India.

10.Reverse Engineering and Security
You agree not toundertake any of the following actions:

a.   Reverse Engineer or attempt to reverse engineer or disassemble any codeor software from or on the Website or Services;

b.   Violate the security of the Website or Services through any unauthorisedaccess, circumvention of encryption or other security tools, data mining orinterference to any host, user or network.

11.No Warranty
The contents in the Website are meant only forinformation purpose. All the information and materials contained in this siteare provided "as is", "as available" basis. AutoEverdoes not warrant the accuracy, adequacy or completeness of this information andmaterials and expressly disclaims liability for errors or omissions in thisinformation and materials. No warranty of any kind, implied, expressed orstatutory including but not limited to the warranties of non-infringement ofthird party rights, merchantability, fitness for a particular purpose, isgiven. AutoEvercannot guarantee that any software or information downloaded from the Websiteis free from any or all viruses and AutoEver isnot responsible for any loss or damage howsoever caused by the software andrelated codes, including viruses and worms. AutoEverdoes not warrant that the Website and functionscontained in the Website will be uninterrupted. We may suspend, withdraw, discontinueor change all or any part of the Website without notice. We will not be liableto You if for any reason the Website or its content is unavailable at any timeand/or for any period. You are also responsible for ensuring that all personswho access our Website through Your registered account or otherwise are awareof these T&C and other applicable terms and conditions, and that theycomply with them.

We shall not be responsible for any interactionbetween You and other Users of the Website. Under no circumstances We will be liablefor any goods, services resources or content available through such third partydealings or communications, or for any harm related thereto. AutoEver is underno obligations to become involved in any disputes between You and other Users orbetween You and any third parties of the Website. You agree to release Us orAutoEver from any and all claims, demands and damages arising out of or inconnection with such dispute.

You agree and understand that while the AutoEverhas been made efforts to safeguard the Website, it cannot and does not ensure ormake any representations that the Website or any of the information provided byYou cannot be hacked by any unauthorised third parties. You specifically agreethat the AutoEver shall not be held responsible for unauthorised access to oralteration of Your transmissions of data, any material or data sent or receivedor not sent or received or any transactions entered into through the Website.

 

12.Limitation of Liability
The Website is for personal use and is not to beused for any commercial purpose. The use of this Website is entirely at Yourown risk, and in no event will AutoEver orits affliates, parents, subsidiaries, officers, directors, employees,representatives, agents licensors or licencees or anyone who helped develop,create, produce, display, transmit, or deliver the content, material, andinformation used in the site be liable for any damages, including withoutlimitation direct or indirect, special, incidental, punitive, exemplary orconsequential damages, losses or expenses arising in connection with theWebsite or any linked site or use thereof or inability to use by any party, orin connection with any failure of performance, error, omission, interruption,defect, delay in operation or transmission, computer virus or line or systemfailure, etc. even if AutoEver orits authorized representative has been advised of the possibility of suchdamages.

To the fullest extent permitted by law, AutoEver:
(i) excludes all representations and warranties relating to this Website andits content or which is or may be provided by any other third party, includingin relation to any inaccuracies or omissions in the Website; and
(ii) excludes all liability for damages arising out of or in connection withthe disclosure of the information and/or Your use of the Website. Thisincludes, without limitation, direct loss, loss of business or profits (whetheror not the loss of such profits was foreseeable, arose in the normal course ofthings or You have advised AutoEver ofthe possibility of such potential loss), damage caused to You in any mannerwhatsoever including but not limited to the Your computer, computer software,systems and programs and the data thereon or any other direct or indirect,consequential and incidental damages.

 

13.Indemnity
You agree to indemnify and hold harmless AutoEver,its parent companies, subsidiaries, affiliates, officers, directors, agents,employees, channel partners and suppliers, from any direct or indirect losses,claim, demand, action, or damage, including reasonable attorney's fees, made byany third party due to, arising out of or related to Your use of or inconnection to this Terms of Use or Privacy Policy or Website including anythingYou may post such as any information, content, user information, personal orsensitive data or any sort of query, response, information, etc. on the Websiteor Your violation of the Terms & Conditions or breach of any law.

AutoEver are not responsible for the accuracy,quality, safety, legality, Intellectual Property compliance, Privacy policy orcontent of any information, product or service offered by third party users,vendors, advertisers, promotional or business partners or any third party sitesand you irrevocably waive any claim against AutoEver and its affiliates,officers, directors, employees, representatives, agents, licensors,and licensees with respect to the same. AutoEver does not guarantee suchaccuracy and makes no representations regarding the use or results of use ofany content on the site in terms of its accuracy, reliability or any othermatter. You assume the risk of their use and the entire cost of all necessaryloss, servicing, repair or correction as a result of their use.

 

14.Termination/Access Restriction
AutoEver reserves theright, in its sole discretion, to eliminate any Content or product/services posted on or made available through any of ourwebsites without notice to you at any time Without limiting any other remedy, AutoEverreserves the right, in its sole discretion, to immediately issue a warning orto immediately, temporarily, or permanently suspend or terminate yourparticipation in the site or any area of the site, and to refuse to provide ourservices to you if: (a) you breach these TOU or any of the rules or eligibilityrequirements of the site or the services offered at the site; (b) we are unableto verify or authenticate any billing information you provide to us; or (c) webelieve that your actions may cause damage, harm, or legal liability to you orto any vendor, business, or promotional partner, advertiser, other user, thepublic, or us.

15. Dispute Resolution Policy : BindingArbitration
Most customer concernscan be resolved quickly and to the customer's satisfaction by contacting AutoEverCustomer Service Department at _______________(email id)_____________ orcalling _____________(toll free number)­­­­­­­­­­­­­_________________. in theunlikely event that AutoEver’s Customer Service Department is unable to resolveyour concerns or when the you are not satisfied with the customer service AutoEverprovides, You and AutoEver agree to resolve those disputes through bindingarbitration with the Sole Arbitrator to be appointed in a court of law. Thevenue and seat of arbitration shall be at Chennai and the language ofarbitration shall be English. The Courts in Chennai shall have exclusivejurisdiction to decide the disputes. Arbitrator can award the same damages andrelief that a Court can award. Any Arbitration under this agreement will takeplace on an individual basis to the maximum extent permitted by law; classarbitrations, class actions or representative arbitrations are not permitted. Thecost of arbitration shall be initially borne by each parties equally. Arbitratorshall have the power to award the costs if he/she deems fit. The damagesawarded shall not exceed the amount spent by you on the product/ servicesrendered under this Agreement.

This Agreement toArbitrate is intended to be broadly interpreted and to make all disputes andclaims between us subject to arbitration to the fullest extent permitted bylaw.

Any of You who intendsto seek Arbitration must first send to Us by certified mail a written Notice ofDispute ("Notice''). The Notice to AutoEver should be addressed to: HYUNDAIAUTOEVER INDIA PRIVATE LIMITED, Plot No: 2 C (S P) , “Ocean Square” Thiru - Vi- Kka Industrial Estate, Guindy, Chennai – 600032 ("Notice Address''). Thearbitration shall be conducted as per the laws of India.

You and AutoEver agreethat each may bring claims against the other only in your or its individual capacityand not as a Plaintiff of Class Member in any purported class or representativeproceeding to the maximum extent permitted by law.  

Notwithstanding anyprovision in this Agreement to the contrary, we agree that if AutoEver makesany change to this arbitration provision (other than a change to the NoticeAddress) after your enrollment in a service or program or your use of thesites, you may reject any such change and require AutoEver to adhere to thelanguage in this arbitration provision as written at the time of yourenrollment or purchase if a dispute between us arises, by providing Notice toHyundai at the Notice Address.

This Arbitrationprovision shall survive termination of this Agreement or your relationship withAutoEver for any reason.

16. Additional Terms
Certainsections or pages on this site may contain separate terms and conditions, whichare in addition to these terms and conditions. In the event of a conflict, theadditional terms and conditions will govern those sections or pages.

17. Severability
If any provisions of these TOU is held to be invalidor unenforceable, it shall be stricken without affecting the validity of theremaining portions of these TOU. Headings are for convenience only and are notintended to in any way confine, limit, construe or describe the scope or extentof such part.  

18. Entire Agreement
These Terms of Use and the materials incorporated byreference herein, including the Privacy Policy, form the entire understandingand agreement between you and AutoEver with respect to your use of the site andthe products and services offered hereunder, and may be modified only inaccordance with the procedures specified herein.

19. Relationship between Parties
Youacknowledge and agree that AutoEver in providing the site is not acting for onbehalf of either you or any vendor, business or promotional partner, oradvertiser. You and our vendors, business or promotional partners andadvertisers are independent contractors. No agency, fiduciary, partnership,joint venture, employer/employee or franchiser/franchisee relationship isintended or created by these TOU between AutoEver and either you or any vendor,business or promotional partner or advertiser at the Website. Further you agreethat Your usage of the Website does not constitute a joint venture,partnership, employment or agency relationship between You AutoEver.

20. Notice
Any notice, request or other communicationrequired to be given under these terms and conditions shall be sent byelectronic mail in the mail id ________________________ or served personally ormailed to AutoEver byregistered post or courier and in addition by e-mail at the following address:

Hyundai AutoEverIndia Private Limited:

Plot No. 2C (SP) Ocean Square,

Thru-Vi-Ka Industrial Estate, Guindy,

Chennai, Tamil Nadu – 600 032