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Terms and Conditions for HyBUY Campaign of Hyundai Motor India Limited

The “HyBUY” isa ‘Co-Buying/Benefits of Buying together’ Campaign launched by Hyundai Motor India Limited (HMIL) for its specific models of Cars, wherein special benefits would be provided to the Customer who purchases a Car through online/HMIL’s websiteviz., referred to as the “Website”)and encourage his/her Friends, Relatives & others to join the Campaign to avail be special benefits, through Social Media, email and other digital initiatives. Each and every HyBUY Campaign is for a limited period as specified by HMIL for each Campaign.

1. 'Customer'means any Individual / Proprietorship / HUF / Partnership Firm / Company etc. competent to enter into contract as per the Indian Contract Act, 1872.

2. ‘Online Booking’is booking of Hyundai Car with a Dealership of Hyundai Motor India Limited (HMIL) through the Website by making booking amount using a valid Credit Card/Debit Card/Mobile Banking (IMPS)/Net banking Account.

3. “Dealership”means any person or entity engaged by HMIL for sale and/or service of the Car(s) manufactured and marketed by HMIL.

4. ‘Car’means specific models of Vehicles, color, variant as notified in HMIL’s Website from time to time, which the Customer can book through online and get delivery from an authorized Dealership of HMIL.

5. “Referral(s)”shall mean a Friend/Relative/other who joins the Campaign based on the invitation of the Customer and purchases Car under the Campaign.

6. In order to join the HyBUY Campaign, the Customer shall visit the aforesaid Website, sign-in and complete the registration process and pay the booking amount.

7. The Customer may select any of the Cars as shown in the Website, book the selected Car with any one of Dealership as mentioned in the Website, at his/her convenience, make the booking amount as specified therein and complete the booking process. See Clause-13 below, regarding method of payment of booking amount.

8. After completing the booking process as aforesaid, the Customer may invite/refer to his/her Referral to join the HyBUY Campaign. If a Referral purchases a Car under the Campaign, then the Customer may get one reward as shown in the Website, for each Referral from HMIL, subject to a maximum of 2 rewards, irrespective of purchasing of cars by his/her Referral exceeds more than two(2) during the HyBUY Campaign. The Customer agrees that only when both Referral, and the Customer purchase Cars not just booking at the Dealership, under the HyBUY Campaign, the Customer is entitled for rewards mentioned above.

9. The Campaign period, benefits available under HyBUY Campaign, terms and conditions to avail the benefits shall be notified/ displayed in the Website, by HMIL.

10. A Customer may book for more than 1 (one) Car but with different ID and in Single booking process, a customer can book only one car.

11. The Customer needs to provide accurate information while joining the Campaign/booking the Car and the information shall be in English language only.

12. Post completion of online booking, the Customer will get a Booking Reference ID and with that the Customer shall visit the concerned Dealership which he/she selected in making online booking and confirm the commercial transactions such as the balance payment to be made, time within which balance payment has to be made, time of delivery of selected Car etc. No change of color, variant shall be entertained by the Dealership, for whatsoever reasons.

13. Upon confirming the above, the Customer shall get his/her Car Booking Form duly stamped by the Dealership, where he/she booked the Car.

HyBUY Campaign Offer Terms and Conditions –

14.During the period between 10th April 2018 to 10th May, 2018 (Term), the Customers who book the Xcent car through the Website and take delivery of the booked car on or before 15th May, 2018, will be eligible for an offer as specified below:

a. If buying is between 1 and 99 customers, each Customer will get Amazon Echo Dot for the Car purchased

b. If buying is between 1 and 249 customers, each Customer will get Amazon Echo Dot and Under body Coating for the Car purchased

c. If buying is between 1 and 250 customers, each Customer will get Amazon Echo Dot, Under body Coating and Exterior Beautification for the Car purchased

d. Further, a Customer will be chosen, by means of luck draw, for a trip to Disneyland, Hong Kong

15. Only customers who purchase the car after making full payment will be considered. The lucky draw will be held at Hyundai Motor India Ltd. (HMIL), Marketing and Sales Head Quarters, New Delhi.

16. HMIL’s decision in the selection of a Customer for the Trip will be final and binding in all respects and no correspondence will be entertained in this connection under any circumstances whatsoever. The Customer selected for the Trip will be intimated by registered/speed post or email.

17. The Customer, who is selected for trip to Disneyland, Hong Kong will be entitled to stay for a period of three nights and four days at Hong Kong before 30th September, 2018 hereinafter referred to as “package”). The Customer is eligible to take a maximum of four members (including the Customer) for the stay (here four implies Mother, Father and 2 kids (as applicable). HMIL reserves its right in the booking of room for the Customer. The Customer must avail the package on the date Specified by HMIL, failing which the package shall stand cancelled. The Customer shall intimate in writing his/her acceptance for the package at least (10) ten days in advance of the date of trip specified by HMIL. The Customer and companions should have a valid passport and HMIL is not liable for any rejection of Visa.

18. The package will be fulfilled by the tour operator nominated by HMIL. All Terms and Conditions of the third party (Tour Operator, Airlines, Hotels, Services and Service provider) are applicable and to be abided by the Customer. HMIL is not responsible for any mishap or unforeseen circumstances that may arise during the trip.

19. The sponsorship by HMIL will be restricted to the costs of to and fro Air fare to Hong Kong, Park Entry tickets, boarding and complimentary break-fast in a hotel at Hong Kong. All other expenses including Visa processing charges, insurance, traveling to Airport locations lunch and dinner and local sightseeing must be borne by the Customer.

20. All service related issues/warranties in relation to the Amazon Echo Dot, Voice Controlled Smart Speaker, shall solely lie against manufacturer/third party service provider and HMIL/Dealer is not liable/responsible in any manner of whatsoever nature.

21. The Offer is non-endorsable or cannot be transferred or exchanged or redeemed for cash.

22. The Customers must bear all applicable government levies/taxes, local tax, Income Tax, cess, Tax Deduction at Source etc.

23. The Terms and Conditions as aforesaid shall be in addition to the Online Booking Terms and Conditions.

Acceptance of Payment towards Booking

24. The Customer is required to pay the specified booking amount as displayed on the Website at the time of booking of Car by a valid Credit Card/Debit Card/ Mobile Banking (IMPS)/Net banking Account.

25. For the convenience of Customer and just to facilitate the completion of online booking transaction smooth and speedy, HMIL has engaged an intermediary to accept the online booking payment made by the Customer on behalf of concerned Dealership and remit the booking amount so made by the Customer to the account of concerned Dealership (hereinafter referred to as the “Designated Agency”). Thus, confirmation of acceptance of online booking amount by the Designated Agency shall be deemed to be acceptance of payment by the concerned Dealership.

26. HMIL is only a facilitator in the online transaction and has suitably made the Website available for online booking of Car and transfer of amount from Customer account to the Dealership. Hence, HMIL will not be responsible for any charges imposed and claims made by the Designated Agency arising out of online booking payment. In the event, the Customer suffers any kind of loss or damage arising out of the payment transaction made by the Customer on the Website, HMIL shall not be responsible for the same and the Customer will have recourse to claim damages only from the Dealership.

27. The booking amount/Payment made by the Customer towards online booking of car under HyBUY Campaign through the Designated Agency is subject to the terms and conditions stipulated in the Website by the Designated Agency. The booking amount remitted by the Customer will be realized and transferred to the respective Dealership’s account, which the Customer selected, while making online booking, by the Designated Agency. Accordingly, neither HMIL nor its Dealership shall be responsible for any payment issues, relating to booking of Car through the Designated Agency.

28. All the commercial transactions including booking amount, balance sale price payable, time for making the balance sale price, registration and delivery of Car etc., shall be as per the bipartite contractual obligations entered into/agreed between the Customer and the concerned Dealership only.

29. The Customer authorizes the Designated Agency to collect, process, facilitate and remit payments and/or the transaction made electronically to the concerned Dealership selected by the Customer. The Customer understands, accepts and agrees that the Designated Agency is neither a banking nor financial service provider but is merely a facilitator providing an electronic, automated online electronic payment, for the transactions made on HMIL’s Website using the existing authorized banking infrastructure. By providing this payment facility, HMIL is neither acting as trustee nor acting in a fiduciary capacity with respect to the transaction or the online booking amount.

30. The Processing fees for the online booking amount payment made by the Customer will be borne by the Dealership, only when the online booking so made got converted into a successful sale transaction and the Car is accordingly delivered to the Customer by the Dealership.

31. HMIL reserves the right to restrict the number of online booking which a Customer can make through his/her Credit/Debit Card / Bank Account/ Mobile Banking (IMOS) /Net Banking Account and accordingly reserves its right to reject an online booking made by a Customer, with or without assigning any reasons.

32. HMIL also reserves the right to reject with or without assigning any reason, an online booking made by a Customer having prior history of questionable charges including without limitation breach of HyBUY Campaign or any agreements by Customer with HMIL/ Dealership or breach/violation of any law or any charges imposed by Issuing Bank or breach of any policy.

33. The notification of confirmation of online booking payment made by a Customer, to the concerned Dealership shall not be made, if HMIL considers that the transaction made by the Customer is not bonafide or transaction made by the Customer would affect the HyBUY Campaign, In addition, if HMIL comes to know that the Customer is engaged in any form of illegal activity, the online transaction of Customer may be kept on hold or cancelled and the Booking amount would be remitted to law enforcement agency (instead of refund of the same to Customer by the Designated Agency) at the request of law enforcement agency.

34. The Customer acknowledges that HMIL is not liable for any damages, interests or claims etc., resulting from not processing of his/her online Transaction or for any delay in processing a Transaction, which is beyond control of HMIL.

35. As stated in Clause- 11 above, upon completion of online process of booking of Car, the system will generate a transaction Reference ID Number acknowledging the receipt of payment towards the booking of Car. The Customer shall use the Reference ID Number for all future communication with the Dealership and produce the copy of receipt showing the Reference ID Number as and when required by the Dealership. However, this Acknowledgement shall not be treated as acceptance of booking by Dealership. The Customer upon receipt of Reference ID Number as aforesaid shall approach the Dealership where he/she booked the Car, finalises the commercial transaction and get his/her Car Booking Form duly stamped by the Dealership.

36. The Customer agrees that the Dealership shall not be deemed to have accepted the online booking of the Customer or be bound by the booking, until Dealership notifies the Customer of its acceptance of the online booking under the HyBUY campaign.

37. The Booking amount made by the Customer at the time of online booking will be adjusted against the sale price of the Car at the time of raising of Invoice by the Dealership. The Customer shall pay the balance sale price to the Dealership to complete the successful transaction of purchase of the car. Only upon receipt of the entire/full sale price of the Car as mentioned in the Invoice together with requisite supporting documents within the stipulated time as informed by the Dealership, the Car would be delivered to the Customer, subject to allotment of Registration Number by the Transport Department. Until then, the online booking is merely a request on the part of the Customer and an indication of an intention to sell on the part of the Dealership and does not result either as a booking confirmation or as contract of sale. HMIL or Dealership is not liable for any claim of whatsoever nature, if the online booking is rejected for no fault of HMIL or Dealership.

38. If a Customer fails to pay the balance sale price within the stipulated time as informed by the Dealer, the Car chosen by the Customer would be allocated to the next customer.

39. The Vehicle Specification and price including, statutory levies (Taxes, Duties etc.) will be applicable as prevailing on the date of invoice issued by Dealership to the Customer.

Delivery of Hyundai Car

40. The Customer should contact the Dealership selected by him / her at the time of making the online booking under HyBUY Campaign for the purpose of taking delivery.

41. Expected date of Delivery of Car will be confirmed by the Dealership upon receipt of balance sale price from the Customer, however the delivery of Car is subject to availability of Car at the selected Dealership.

42. All the original documents will need to be produced at the time of taking delivery of Car for verification by the respective Dealership.

43. The documents required for registration of the Car have to be submitted as per the policy, rules and regulations of the transport authority of the concerned State Government.

44. The Delivery of Car shall be made after realization of full payment on the Bank account of the Dealership. Further, the delivery of the Car shall be made after registration number is allotted by the Transport Department. The Customer understands that the registration of the Car is at the sole discretion of the transport authority concerned.

Cancellation and Refund

45. In the event of any cancellation of online booking made by the Customer, the refund of Booking amount would be made by the concerned Dealership, subject to deduction of Rs.3, 000/- per car/on line booking as cancellation charges.

46. The Notice of cancellation should be sent to the Dealership together with the original customer copy of the online booking Reference ID and Booking Form duly stamped if any and the payment receipt. Once cancelled, Customer Order cannot be reinstated at the same Booking Reference Number.

47. If any other payment has been made by the Customer, in addition to booking amount, to the Dealership towards the sale price of the Car, Accessories or statutory requirement, then the Customer has to claim the said amount from the Dealership only. No cash payments would be made by the Dealership to the Customer.

48. In the case of financed orders, cancellation request shall be sent to the Dealership through the financing entity and refunds will be made by the Dealership to the concerned financing entity only.

General Terms

49. The Customer shall be responsible for maintaining the confidentiality of the Display Name and Password and for all activities that occur under the Display Name and Password. If the Customer provides any information that is untrue, inaccurate, incorrect or incomplete or HMIL has reasonable grounds to suspect that such information is untrue, inaccurate, in correct or incomplete, HMIL shall have the right to indefinitely suspend or terminate or block access of the Customer membership to the Website.

50. HMIL reserves the right to change the price, model, variants, specifications and features of the Car as shown on the HMIL Website or at the Dealership without any prior notice.

51. HMIL may from time to time offer promotions/offers/rewards/benefits for booking of Car(s) made through this online, for a limited period. The terms and conditions of such promotions/offers/ rewards/ benefits will be specified separately. HMIL reserves the right to withdraw/terminate the HyBUY Campaign or change or alter the terms and conditions of HyBUY Campaign, withdraw/change the promotions/offers/rewards/benefits at any given point of time without any prior notice/information.

52. HMIL reserves the right to withdraw/terminate the HyBUY Campaign or change or alter the terms and conditions of HyBUY Campaign, withdraw/change the promotions/offers/rewards/benefits at any given point of time without any prior notice/information.

53. The participation under HyBUY Campaign is not compulsory, but only optional and voluntary for the interested customers and Cars can be booked and purchased by the Customer directly at HMIL Dealership as well.

54. HMIL or Dealership would not be responsible for delay, loss or non-receipt of communication by the Customer due to incorrect address or contact details, given in the Online Booking form or any other form of submission not contemplated herein or otherwise. The Customer online booking will be rejected in case of incomplete forms or non-receipt of booking amount.

55. HMIL, their Directors, Employees, Dealers, Consultants, assume no liability whatsoever under any circumstances whatsoever for any direct or indirect loss or damage if any alleged to be caused to the Customer, consequent to booking of Car online through the Website, under HyBUY Campaign.

56. Customer is advised to quote the Booking Reference ID number and the date thereof for any enquiry regarding delivery position.

57. Delivery is subject to “force majeure” conditions. The term “force majeure” means any circumstances which are unusual, unforeseeable and are beyond the control of HMIL and/or Dealership concerned, the consequence of which could not have been avoided even if all due care had been exercised, including but not limited to acts of god, war or threat of war, riot, civil strike, hostilities, political unrest, government action, industrial dispute, natural or other disaster, nuclear incident, terrorist activity, sabotage, blockage, embargo, weather conditions, transport strike, fire, flood, typhoon, tempest, drought, short supply of labour, fuel, raw material, or manufactured produce, or otherwise preventing or hindering the manufacture or delivery of the car and all similar events beyond the control of HMIL and/or Dealership concerned.

58. Customer further understands that the terms and conditions of sale of the Car is exclusively between Customer and Dealership only and that HMIL, which is operating with the Dealership concerned on principal to principal basis relationship, is not bound by any such terms agreed between the Customer and Dealership in any manner whatsoever, except in cases where the selected dealership is the showroom owned by HMIL.

59. Customer hereby expressly consents HMIL to store/transfer the personal data (i.e. personally identifiable data) that voluntarily supplied herein while making the online booking and process and use it by HMIL as it deems appropriate or shared with its affiliates, Associates, Dealers, Agencies, auditors, legal advisers, marketing partners, Representatives etc. to contact the Customer through outbound call by Telephone/Mobile Numbers or send SMS or Email for offers, marketing and/or promotions, product related information, newsletter, market survey, poll, research, study, programs, enquiries about offerings, services and other legitimate purposes. HMIL may disclose information if required to do so by any law enforcing agency.

60. All personal data accumulated will be acquired, processed, and used according to the applicable regulations governing the protection of personal data for the sole purpose of managing and maintaining HMIL’s own legitimate business interests.

61. Although HMIL takes reasonable measures to safeguard against unauthorized disclosures of information, it cannot assure that Personal Data that Customer provides will never be disclosed in a manner inconsistent with the Policy.

62. The Customer shall indemnify and hold harmless HMIL, its, affiliates, subsidiaries, Dealerships (as applicable) and their respective officers, directors, agents, and employees, from any claim or demand, or actions including reasonable attorneys' fees, made by any third party or penalty imposed due to or arising out of breach of the terms and conditions, Terms of Use, privacy Policy and other Policies by the Customer or any act or omission of the Customer or violation of any law, rules or regulations or the rights (including infringement of intellectual property rights) by the Customer.

63. All disputes relating to enforcement, interpretation or application of these terms and conditions shall be subject to Arbitration by single arbitrator appointed by HMIL. The venue of Arbitration shall be at New Delhi. The Arbitration Proceedings shall be in accordance with the Arbitration and Conciliation Act, 1996 and its allied rules as amended from time to time. Subject to the Arbitration, the Parties submit to the exclusive jurisdiction of the Courts of the City of the Dealership selected by the Customer for booking the Car.

64. The terms and conditions of this HyBUY Campaign shall be governed by the laws as applicable in India.

65. By accessing, browsing or otherwise using Website, it is assumed that the Customer has read, understood and accepts and agrees to all the terms and conditions mentioned above on the Website and also gives unconditional consent for being contacted for Products/Services of HMIL over telephone/mobile phone/email/SMS. Non-acceptance of any of these terms and conditions will result in disqualification. Further, by impliedly or expressly accepting the Terms of Use, the Customer also accepts and agrees to be bound by HMIL Policies (including but not limited to Privacy Policy available on its Website or linked in HMIL’s home page) as amended from time to time.

66. In case of non-availability / shortfall of the committed reward/ benefit, HMI will compensate the reward/ benefit of equal worth

67. The images/visuals of the reward or benefit depicted on the website/microsite, ads, posters etc. are for illustrative purpose only and the actual merchandise may vary and HMIL accepts no responsibility for any variation in the value or any element of merchandise.