HYUNDAI SOUTH AFRICA (PTY) LTD (“HYUNDAI”)

Terms and Conditions

1. DEFINITIONS

   These Terms and Conditions (the “Terms” or the “Agreement”) which are detailed in this Agreement (including on any social media or digital display networks, Hyundai related website, by SMS, WhatsApp and/or e-mail (collectively the “Site”)) regulates your access to and use of the Site and apply solely to Hyundai South Africa (Pty) Ltd (hereinafter referred to as “Hyundai,” “the company,” “we,” “our,” or “us”) and its parent and affiliated companies.

   These Terms apply to your use of the Site, including your use of any interactive features, plug-ins, applications, content, downloads and/or other online services that we own and control (the “Services”).

   By using the Services, you acknowledge the Privacy Statement and provide your informed, express written consent to the collection, use, and disclosure of your data in accordance with our Privacy Statement.

   In these Terms, unless the context states otherwise:

   1. “Company” means Hyundai South Africa (Pty) Ltd;
   2. “POPI” means the Protection of Personal Information Act 4 of 2013;
   3. “Personal Information” means information relating to an identifiable, living, natural person and where applicable, an identifiable, existing juristic person including but not limited to information relating to race, gender, sex, marital status, religion, age, physical address, sexual orientation;
   4. “Processing” means any operation or activity or any set of operations whether or not automatic by means of collection, receipt, recording, storage, updating, modification and deletion or destruction;
   5. Online services” means our website and any other service offered by us through electronic means including but not limited to online portals, electronic billing platforms and interactive customer tools as well as the content and information provided or exchanged as part of such services;
   6. “ECTA” means the Electronic Communications and Transactions Act, 25 of 2002;
   7. “User/you/your” means any person who enters or uses the Site or our Services, notwithstanding the fact that such person only visits the home page of Hyundai’s website or online service portals;
   8. “COOKIES” means a text-only string of information that a website transfers to the cookie file of the browser on your computer’s hard disk so that the website can remember who you are;
   9. “Intellectual Property” means patents, trademarks, service marks, registered designs, trade secrets and other confidential information, goodwill, know-how.

2. ACCEPTANCE OF TERMS

   1. Access to and the use of our Site or our Services and the content, data, and products made available on or via our Site, is subject to the following Terms:
      1. If you agree to use these Terms as an individual you confirm that you are 18 (eighteen) years or older and otherwise of legal standing to form a binding contract;
      2. By accessing our Site or using our Services, you agree to be bound by these Terms;
      3. If you are acting on behalf of a business or institution, you will be responsible for ensuring that:
         (a) you have the authority to bind that business or institution to these Terms and your agreement to these Terms will be treated as an Agreement of the business or institution with us; and
         (b) any individual or entity to whom you provide access to our Site or Services is made aware and complies with these Terms.
      4. Each time you access and use the Site or Services, you agree to be bound by and comply with these Terms and any Additional Terms (defined below) then posted.
      5. We may, at any time, without notice and at our sole discretion, revise, interrupt, terminate, modify these Terms by updating them (Additional Terms). Accordingly, you should periodically visit the Site to review the current Terms. Any change will become effective upon publication.
      6. IF YOU DO NOT AGREE TO THESE TERMS, DO NOT USE THE SERVICES
      7. By continuing to use the Site or the Services you agree and understand that you will be bound by these Terms.
      8. Communication via WhatsApp
         1. By providing your WhatsApp contact number, you consent to receiving messages from us for customer support, service updates, promotions, and other transactional communications. You may withdraw your consent at any time by replying “STOP” or contacting us directly. Please note that by using the WhatsApp service, you may incur data charges from your mobile network or internet service provider. We are not responsible for any such charges.
         2. WhatsApp messages are for information purposes only and should not be relied upon as the sole source of contractual, financial, or legal information.
         3. Use of WhatsApp communication is subject to our general Terms, including but not limited to, the Privacy, Limitation of Liability, Intellectual Property, Promotions, and Governing Law clauses.

3. MISUSE STATEMENT

   We reserve the right to prevent access to our Site or Services if you misuse it in any manner whatsoever. Prevention of access shall be at our sole discretion and in addition to any other rights we may have arising from misuse of the Site or the Services.

4. PROPRIETARY RIGHTS

   1. All Intellectual property on any of our Sites or Services, including but not limited to content, trademarks, domain names, patents, design elements, software, databases, text, graphics, icons and hyperlinks are our property or licensed to us and as such, are protected from infringement by domestic and international legislation and treaties. You acknowledge our proprietary rights in and to such intellectual property and that the Site or Services and its content are protected as collective works and/or compilations pursuant to copy rights.
   2. Accessing our Site and Services and/or any application thereof does not grant you a license, right and/or interest in and to our proprietary rights
   3. Nothing in this Agreement shall operate to transfer rights in and to our intellectual property or give rise to any implied rights in respect of such intellectual property in favor of any User and/or third party.
   4. You are granted a non-exclusive, non-transferable, revocable limited license to access and use our Site, Services and its content and in particular the intellectual property rights, provided that such access and use is strictly in accordance with these Terms.

5. ACCURACY OF THE CONTENT

   1. Although we make every effort to ensure that all information on our Sites are accurate, we do not guarantee, represent and endorse its accuracy, reliability, completeness, adequacy and currency of the Services and the content or materials of the Site or Services, as errors and omissions can occur.
   2. The content provided is for general information purposes only and does not constitute legal advice nor does it constitute an offer for the sale of any particular goods or services. Please confirm availability, pricing, extras, specifications and all other details with the seller before purchase.
   3. The Site or Services including all content, materials and information is made available on an “AS IS, AS AVAILABLE” basis without warranty of any kind.
   4. We and our affiliates make no representations or warranties of any kind whatsoever for the content on the Site or for any products or services of third parties or for breach of any security associated with the transmission of sensitive information through the Services or the Sites.
   5. We and our affiliates do not warrant that the functions contained on the Site or any material or content contained therein will be uninterrupted or error free, that defects will be corrected or that the Site or the server that makes it available is free of viruses or harmful components and we will not be liable for your use of the Site or the Services, including but not limited to, the content and any errors contained therein.

6. SECURITY

   1. All reasonable steps will be taken to secure your information. However, we provide no warranties or representations in this regard.
   2. While we have implemented appropriate and reasonable security technologies and practices, please be aware that any internet communications are insecure unless they have been encrypted and/or appropriate security safeguards implemented. Accordingly, we assume no responsibility or liability of any nature whatsoever for interception or loss of personal information beyond our control.

7. INDEMNITY

   1. You agree to indemnify and hold us, our affiliates and all its directors, partners, officers, and employees (collectively the “Indemnifies Parties”) harmless from and against any and all liability and costs incurred by the Indemnified Parties in connection with any claims arising out of the use of the Site or the Services and any breach by you of any of the Terms.
   2. You shall cooperate as fully as reasonably required or requested in defense of any claim.
   3. We shall not be liable for failure to perform any obligations as a result of technical problems relating to the Site or the Services, acts of God, government control restrictions or prohibitions or other government Act or omission whether local or national, act of default of any supplier, agent or service provider, industrial disputes or any other cause beyond our control.
   4. We shall not be responsible for direct, indirect, special, punitive, incidental or consequential damages, or damages for loss of profit, loss of revenue, loss of use or any other commercial damages arising out of the use, reliance on, inability to use, data that is linked or related in any way to the Site or the Services.

8. EXTERNAL LINKS

   1. We do not represent, warrant, endorse or accept responsibility for any external sites that may be linked to or from this Site. Any external site that you visit by clicking through a link on this Site is outside our control and is visited entirely at your own risk.
   2. We shall not be liable in any way whatsoever for any damage, loss, liability, costs or expense whether direct, indirect or consequential, arising from access to or use of external sites and their content. You agree to indemnify us against any loss, liability or damage that may result from your use of the content from our Site or Services if such content is accessed through a hyperlink not directed at our home page or main Services. Our non-liability for “deep linking” is based on the fact that such links bypass these Terms.

9. SOFTWARE DISCLAIMER

   1. It is your responsibility to acquire and maintain, at your own expense, all computers, hardware, software, network connections, and accounts to access the Site or Services.
   2. We are not responsible for any disruptions, damage, or loss of data on your computer system that may occur while you use the Site or any associated software.

10. PRIVACY STATEMENT

    1. We take all reasonable steps to protect your Personal Information and are committed to respecting the privacy of your Personal Information.
    2. By using the Site and providing us with your Personal Information, you consent to the collection, processing, use and storage of your Personal Information. To the extent permitted by law, you also consent to the sharing of your Personal Information with our affiliated parties.
    3. For purposes of these Terms, “Personal Information” has the meaning set out in the Protection of Personal Information Act, 2013. As and when necessary, we may electronically store, disclose and/or use the following Personal Information: your name, surname, contact numbers, geographical location, IP address, identity number, age, email address and any other information which you provide through the Site.
    4. Your Personal information is collected and/or stored either electronically through the use of “cookies” or provided voluntarily with your knowledge and consent.
    5. We may use your Personal Information to inform you about any new Services or products that we believe may be of interest to you. In doing so, we will comply with the direct marketing provisions of the Consumer Protection Act, 68 of 2008 (“CPA”) and its regulations.
    6. By using the Site and our Services, you acknowledge that we may, where necessary and permitted by law, monitor your browser activity, online chat or emails for business purposes, including quality control, training, marketing and improving the Site or Services. We will not disclose any Personal Information that could identify you.
    7. We reserve the right to amend this Privacy Statement at any time to comply with changes in applicable laws of regulations concerning Personal Information or privacy.

11. DISCLOSURE REQUIRED BY SECTION 43 OF THE ECTA

    1. Access to the Site, including its services, content, software and downloads available may be classified as “Electronic Transactions” as defined in the ECTA. Accordingly, you may have rights under the ECTA. In this regard, we provide the following details:
       Hyundai South Africa (Pty) Limited with registration number: 1999/015934/07
       Address: Cnr Lucas and Norman Road, Bedfordview, Gauteng, 2007
       Contact details: (+27) 0104532 248 8000
       Email address: icareinfohyundai.co.za
    2. Subject to any urgent and /or interim relief, all disputes relating to:
       1. access to the Site or Services;
       2. inability to access the Site of Services;
       3. content or Services available through the Site, or
       4. these Terms shall be referred to phone : (+27) 0104532 248 8000.
    3. You may return goods and services in accordance with your rights under the ECTA, the CPA and our policies.

12. COOKIES

    1. We use “cookies” on our Site, which refer to information that is sent from the Site to your device, where it is saved and which contains information to personalise your experience. Cookies allow us to recognise you when you return to the Site.
    2. We use the following types of cookies:
       1. Third Party Cookies - these are used to track when advertisements are clicked and to manage how often a particular advert is displayed.
       2. Session cookies - these are temporary cookie files that remain on your browser only when you are using the Site. They allow you to carry information between pages and prevent you from having to re-enter information.
       3. Persistent cookies – these remain in your browser for a longer period. They allow us to remember your preferences and avoid showing you the same advertisements repeatedly.
       4. You can instruct your browser to refuse all cookies or to notify you when a cookie is being sent. If you choose not to accept cookies, certain parts of the Site may not function properly.

13. CHANGES AND AMENDMENTS

    1. To the extent permitted by law, we expressly reserve the right in our sole and absolute discretion, at any time and without prior notice or justification, to:
       1. amend or update these Terms;
       2. amend, modify, or remove any content or Services made available on the Site;
       3. suspend, or discontinue any part of the Site or the Services;
       4. amend the software or hardware requirements needed to access or use the Site or Services.

14. NOTIFICATION OF HOW WE PROCESS PERSONAL INFORMATION ITO SECTION 18 OF PROTECTION OF PERSONAL INFORMATION ACT 4 of 2013.

    1. Method of Collection;
       We collect your Personal Information when you use the Site or interact with our Services. We may also receive data from third parties to verify and validate the information you provide.
    2. Consequences of Failure to Provide Information to us
       If the information requested, is voluntary information and not provided by you, we or our third party service providers may not be able to offer certain services to you. Where information is mandatory, it may be required to comply with legal obligations and failure to provide such information may prevent us from completing transactions or providing Services.
    3. Lawful Basis for Processing
       We will only process your Personal Information in circumstances where we have a lawful basis for doing so, and where we act as the Responsible Party.
    4. Purposes for Processing Personal Information
       1. We collect, process and store your Personal Information to:
          1. process orders, instructions, and requests;
          2. communicate information you have requested;
          3. respond to queries or complaints;
          4. compile non-personal statistical information about browsing habits, click patterns and access to the Site and Services.
       2. We may also collect non-personal information, such as your IP address, the date and time of your visit to the Site, and browser history, to recognise you during any future visits to our Site or use of the Services. We own and retain all rights to non-personal statistical information collected and compiled by us.
    5. Retention of your Personal Information
       We retain your personal information only for as long as it is necessary to fulfil the purpose for which it was collected or as required by law. You may request that we immediately cease processing and delete your Personal Information.
    6. Data Processing outside the Republic of South Africa
       Your Personal Information will be processed in South Africa or another country. We apply generally accepted information security practices to protect your Personal Information. Where we share your information with third parties (including those outside of South Africa), we conclude written agreements requiring them to implement and maintain adequate security measures and data protection standards that are substantially similar to those of POPIA, to protect the information.
    7. Your Rights
       1. Subject to applicable laws and regulations, you own your Personal Information and you may exercise several rights, including but not limited to the right to:
          1. be informed whether we are processing your personal information;
          2. be informed of the purpose of processing;
          3. be informed about third parties that your Personal information was disclosed to (locally or internationally);
          4. request correction of inaccuracies, in the records containing your Personal Information or deletion and destruction of your Personal Information;
          5. object to the processing of your Personal Information;
          6. withdraw your consent for processing of your Personal Information;
          7. lodge a complaint with the Information Regulator or another competent authority if you believe that your Personal Information was processed unlawfully.
          8. contact us at icareinfohyundai.co.za for any queries or complaints regarding your Personal Information or rights.

15. DOMICILIUM CITANDI ET EXECUTANDI

    1. For the purposes of these Terms, we choose our domicilium citandi et executandi at the address set out below:
       1. Hyundai South Africa (Pty) Ltd, c/o Motus, 79 Boeing Road East, Bedfordview
          Email: motuslegalinfomotuscorp.co.za
    2. Any notice to us must be addressed to the above domicilium and may be sent by email or delivered by hand. A notice:
       1. sent by email, shall be deemed to have been received on the day following the day of transmission.
       2. delivered by hand will be deemed to have been received, unless the contrary is proved, on the date of delivery, provided that such date is a business day or otherwise on the next following business day.

16. RIGHT TO UNBUNDLE

    A motor vehicle is one of the largest purchases most people will ever make and is an essential part of both work and personal lives. Given the advanced technology in modern motor vehicles, proper servicing and maintenance are critical for protecting your safety and your investment. For this reason, we offer Manufacturer Plans with our vehicles.
    While we believe it is important that consumers understand the benefits of a Manufacturer Plan, you remain free to choose whether you want to take or decline the Manufacturer Plan (whether for servicing or maintenance) offered with the vehicle.

17. VOUCHERS

    1. We may from time to time offer various types of vouchers as part of promotional campaigns. The following terms apply to the use of all such vouchers:
       1. Vouchers issued for a specific campaign (for example, brakes) may only be used for that product or service. If a product forms part of a broader service, the voucher may be applied to that service.
       2. Where a voucher is subject to minimum spend (for example, R500 off on a spend of R3,000) the stated minimum spend must be met to qualify for the discount.
       3. Vouchers may not be combined with any other offers unless expressly stated.
       4. Vouchers must be presented or applied at the time of purchase according to the instructions provided in the promotion.
       5. Vouchers are non-transferable, non-refundable, and may not be exchanged for cash. In the event of a return or refund of goods or services purchased using a voucher, the voucher value will not be reimbursed unless explicitly stated.
       6. Any attempt to duplicate, tamper with, or misuse a voucher will render it invalid.
       7. Vouchers are subject to any expiry dates stated in the promotion.
       8. We reserve the right to amend, suspend or terminate any voucher promotion at any time without prior notice.
       9. The use of vouchers is subject to these Terms and any additional terms specified in the relevant promotional campaign.

18. PROMOTIONAL OFFER

    1. The promotional offer must be purchased from a Hyundai dealership within the Republic of South Africa.
    2. Labour charges must be incurred by a Hyundai dealership workshop within the Republic of South Africa
    3. This promotional offer is subject to stock availability and workshop capacity of the relevant Hyundai dealership.
    4. Prices advertised do not include consumables or any additional repairs or items that may be quoted on.
    5. We accept no liability whatsoever for any direct or indirect loss, damage or harm arising from your participation in a promotional offer whether arising from negligence or otherwise. By participating in this promotional offer, you indemnify us and hold us harmless against any loss, damage, claim, cost, expense, harm or injury (whether arising from negligence or otherwise) including any claim made by a third party.
    6. The promotional offer shall comply with, and will be subject to, any peremptory provisions of the Consumer Protection Act 68 of 2008 (“CPA”) and its regulations, which are incorporated herein by reference (“Peremptory Provisions”). In the event of any conflict between these Terms and the Peremptory Provisions, the latter shall prevail.

19. PROMOTIONAL OFFER

    All intellectual property rights, including but not limited to copyright and trademarks in the material contained on the Site or any other promotional material is held by us. No part of this material may be copied, reproduced, adapted, published or distributed in any form whatsoever without our prior written consent.

20. GENERAL

    1. These Terms constitute the whole agreement between the Parties. No Party is bound by any representations, warranties, undertakings or similar statements not expressly recorded in these Terms.
    2. No addition, variation, consensual termination or novation of these Terms, and no waiver of any right arising from these Terms shall be valid or enforceable unless it is in writing.
    3. Any indulgence or extension which may be granted by us shall not constitute a waiver of any of our rights under these Terms.
    4. These Terms are governed by and must be interpreted in accordance with the laws of the Republic of South African Law.