Thank you for choosing the Mobility Membership Application for Hyundai Mobility Membership Program (“MMP”) of Hyundai Motor India Limited (HMIL). These Terms and Conditions are the agreement between us regarding your use of the Application to access to various value-added services, interactive features and digital services, some of which may be provided by third parties and may utilize data collected from you.
Please read the terms and conditions set out herein with respect to the usage of Application, defined below, through your Smartphone Device (Device). Application’s performance will vary depending on your Device viz., operating software, service carrier, any user modifications etc. Please check regularly for the list of supporting Devices.
In these Terms and Conditions, the terms
The MMP Application will be activated when you complete registration and electronically consent through the Application or when you use the Application or accept any of the benefits. The Application permits you to access to purchase or receive/use digital content or services.
You understand, acknowledge and agree that:
a. you will only use the Application, currently made available to you free of charge, solely and exclusively for your own personal, private, non-commercial use and on registered mobile devices that are authorized by HMIL, belonging to you;
b. The terms of agreement with your respective mobile network service provider(‘Service Provider’) will continue to apply when using the Application and Service Provider may charge to access to network connection services for the duration of the connection with accessing the Application or any such third party charges as may arise. You accept responsibility for any such charges that arise.
c. you will at all times comply with (and your use of the Application will at all times be in compliance with) the Terms and Conditions, all applicable laws, rules and regulations, and you will not allow any other party to use the Application for or in connection with any illegal purpose or activity.
d. use of the Application is at your own risk and you are solely responsible for the use of any data, information or services obtained through the use of the Application; and
e. in the event that you fail to comply with the Terms and Conditions or your account with HMIL is closed, all rights granted to you in relation to the Application shall immediately come to an end and you will immediately destroy all copies of the Application.
You are hereby granted a limited, non-exclusive, non-transferable, non-assignable, royalty free license to view, access and use the Application (which shall include contents from HMIL, our licensors and other third parties, future updates made available to you from time to time, provided you understand that such updates may be subject to additional terms in respect of which you will be notified at the time such update is made available) from your mobile device, in accordance with these terms.
You will not:
a. alter, modify, adapt or translate the whole or any part of the Application, or any other computer software made accessible to you or otherwise and use or perform maintenance on the Application,
b. copy, reproduce, duplicate, compile, disseminate, reverse engineer, disassemble, decompile, transfer, exchange disable any features, or otherwise derive source code for the Application, or any component/contents of the Application whatsoever, in whole or in part;
c. merging the Application or any component thereof into any other programs or create derivative works based on any component of the Application;
d. use the Application in whole or in part or any confidential information relating thereto to create software that is functionally equivalent to the Application or any part thereof;
e. license, sublicense, sell, disseminate, broadcast, transmit, or otherwise distribute the Application in any form or by any means, or otherwise transfer, assign, manipulate, or grant any rights of use or any other rights in respect of the Application or any part thereof, or the information contained therein, to any other party;
f. remove or tamper with any proprietary notices or labels, including copyright notices or data source attributions, attached to or contained within the Application;
g. use the Application in any way that may lead to the encouragement, procurement or carrying out of any unlawful or criminal activity or which may cause any harm or injury to any person;
h. cause damage to any of the websites, servers, systems or equipment used in the provision of the Application by HMIL and you may not access or attempt to access any user data or to penetrate any of the security measures relating to the Application; and will in all cases indemnify and hold harmless HMIL from any and all Claims in respect thereof.
MMP Application is a platform inter-alia for hosting of API Interface/Link or display of offers and/or products/services extended by Third Parties (Merchants) to the users of Application. HMIL is not selling/rendering any of the Products/Services of Merchants. All the offers are sponsored by the third parties and HMIL is in no way involved in these offers. Terms & Conditions of the respective Merchant shall apply to the Products/Services and Offers. HMIL does not act as express or implied agent of the Merchants of the Offers/Products/Services vis-a-vis the Customers. HMIL not earns any fee by hosting the API Interface/Link or displaying Offers/ Products/Services of Merchants.
Any Information on the Application (or the section thereof to which you will be directed) whether about the Products/Services or Offers of Merchants being offered have not been verified by HMIL. HMIL shall not be liable or responsible for any such information. HMIL will not bear any obligation or liability if a Customer purchases/avails of a Product/Service under an offer. If you choose to avail of the purchase/avail of a Product/Service, HMIL will neither be a party to nor in any manner concerned with such purchase/availment nor be liable or responsible for any act or omission of the Merchant or the Customer. HMIL is neither guaranteeing nor making any representation with respect to the offers or products/services made by the Merchants and HMIL is not responsible for sale/quality/features of the Products/Services by them. Online facility for Products and/or Services is optional and the Products/Services offered by Merchants or HMIL may be available in other modes. Any concerns, queries or complaints regarding Products/Services or resources will be addressed by the respective Merchant only. Merchant(s) shall at their sole discretion change the Products/Services and Offers that may be offered on the Website, periodically.
To the extent that the Application may contain links to advertisement banners, information and resources offered by third parties, HMIL does not control the availability and content of those outside services and resources. HMIL provides these links only as a convenience and HMIL's hyperlinking and inclusion of such third party websites does not imply HMIL's endorsement of the materials on such third party websites or any association with them. Please thoroughly read the terms & conditions, Terms of Service/Use of those third party websites.
The Application may link to other HMIL sites and such HMIL Sites may have separate terms and conditions, which are in addition to these terms and conditions. In the event of a conflict between this Application and such other HMIL Site, the terms and conditions of such HMIL Site will prevail over the Terms and Conditions of the Application only to the extent of any inconsistency.
You are solely responsible and for all information entered through or electronically transmitted to us through the Application using your sign-on password, and/or access code, and you accept that all such data transmissions are undertaken at your own risk. By using the login service, you authorize HMIL and or third parties to access and/or retrieve information requested by you. Each time you enter your account login information, you are permitting HMIL to process your request and use information submitted by you to accomplish the foregoing. You are fully responsible for maintaining the confidentiality of your password and account and for all activities that occur using your account or password. HMIL will not be liable for any loss that you may incur as a result of someone using your password or account, either with or without your knowledge. Anyone who has access to your password or PINs may be able to access the Application Features and Account, and Application and we have no responsibility for nor obligation to inquire about the authority of anyone using your password/PINs or other information that can be used to identify your account to request Service for your Vehicle.
a. This Application is available to a compatible mobile telephone or handheld mobile devices viz., Apple iOS devices running 7.0 & above and Android Operating System devices running Android 6.0 & above, with internet access. The version of the Application may be upgraded from time to time to add support for new functions and services. Application is only available in the geographic coverage area of Service Provider, as amended from time to time and the availability of MMP Application may be interrupted, delayed, unavailable, not delivered and/or inaccurate from time to time due to a variety of factors, including technical reasons, network problem of the Service Provider, for planned or unplanned maintenance or downtime, for editorial amendments or for any other reasons. Not all interactive features/digital services are available through the Application everywhere, if your Device does not support, particularly in remote or enclosed areas, at all times. Application can work if you are in a place where the Service Provider has coverage, network capacity, and reception and technology that is compatible with the Application. HMIL will use reasonable efforts to make the Application available at all times. However you acknowledge the Application is provided over the internet and mobile networks and so the quality and availability of the Application may be affected by the performance of and any outages on mobile device networks or when you are not in an area of mobile coverage or other factors outside HMIL’s reasonable control or any third party, and neither HMIL nor any third party will be liable therefor.
b. HMIL, and third party, do not accept any responsibility whatsoever for unavailability of the Application, or any difficulty or inability to download or access content or any other communication system failure which may result in the Application being unavailable.
c. HMIL will not be responsible for any support or maintenance for the Application.
All ownership, rights, title, interest, database rights and other intellectual property rights of any nature in the Application together with the underlying software code, all information, data, text, software, music, video clips, animation, sound, photographs, images, pictures, graphics, messages, tags, or other materials, including, but not limited to, all trade names and any and all copyright, patents, trademarks, and service marks relating thereto, are and shall remain the property of HMIL and/or its licensors/third parties who reserve the rights in law and equity and are protected by copyright and other intellectual property laws and nothing herein shall be construed as granting any rights therein to you. You acquire no right, title or interest whatsoever in or to the Application, as either of them exist now or in the future.
All intellectual property rights owned by third parties in any API Interface/Link/ Information provided by third parties shall at all times remain the property of such third parties. Your use of such Information is subject to the terms and conditions of each applicable third party. HMIL accepts no liability for any Information provided by third parties and makes no representations or warranties that such Information will be accurate or timely. Certain information you receive through the Application belongs to us or third parties who provide it. It may be covered by one or more copyrights, trademarks, service marks, patents, trade secrets or other legal protections. By using the Application, you also agree to be bound by those additional terms and conditions. If you contravene any of the aforesaid restrictions in usage of Intellectual Property Rights of us or third parties, your right to use Application will cease immediately. This is without prejudice to our or third parties right to claim Compensation for the acts of Infringement committed by you and accordingly you will be liable to compensate us or third parties for such infringement.
You understand, acknowledge and agree that HMIL may in its sole discretion, with or without notice at any time for any reason:
a. Amend or modify or change contents of the Application or withdraw the Application,
b. Application may need to change, upgrade or enhance from time to time. These update, upgrade and enhancement may be required to correct the software, to protect or improve the security of the software or to add or improve features of the software or the operating system. Changes, upgrade and enhancement to the Software may affect or erase data if any stored in your MMP Application. We are not responsible for loss of any such data.
c. discontinue temporarily or permanently, or terminate the Application in part or in its entirety,
d. terminate or otherwise limit your access to the Application with or without cause, including, without limiting the generality of the foregoing, in the event that HMIL believes that you are in breach of or have failed to comply with any of the Terms and Conditions or in the event that HMIL believes that you are using the Application illegally, fraudulently or improperly, in which event all rights granted to you hereunder shall immediately cease without notice to you, after which your account will be deactivated and your Application will terminate. We can also suspend it for network or system maintenance or improvement or if we suspect your Application is being used for any purpose that would allow us to cancel it.
e. You can cancel your Application at any time. You promise to: (i) notify us promptly, as set out below, if you sell your Vehicle, or its lease ends, and (ii) notify the purchaser, that MMP Application has been active and that the new owner should immediately enroll for MMP from the Application to set up and complete the new owner own profile. You may activate, cancel, change or reactivate your MMP Application as provided herein, however, we will only accept such requests from you of legal age listed on your account.
f. HMIL shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Application.
g. Upon any termination, (a) the rights and licenses granted to you herein shall terminate; (b) you must cease all use of the Application; limitations of liability and indemnities in these Terms and Conditions will survive even after termination.
You acknowledge that the Application utilizes complex computer and telecommunications networks and that, as such, continued, uninterrupted and error free access to the Application cannot be guaranteed. In the light of the foregoing, HMIL or any third party, officers, directors, employees, representatives, successors and assigns shall not be liable in any way for any loss or damage, direct or indirect, which may arise, from any outage, interruption, discontinuation or delay in the Application or any part thereof or any error contained therein, or from any other non-performance, defective performance or late performance due to any cause whatsoever, including errors due to malfunction of equipment, programs or operations of HMIL or any third parties, or negligence of HMIL or any third party.
In no event will HMIL be liable for any direct, indirect, special, punitive, exemplary or consequential losses or damages of whatsoever kind arising out of your use or inability to use or access or inability to access to the Application, or corruption/loss of Data, failure to transmit or receive any Data/materials, including loss of profit or the like whether or not in the contemplation of the parties, whether based on breach of contract, tort (including negligence) or otherwise.
HMIL is not liable to you for any damage or alteration to your equipment including but not limited to computer equipment, handheld device or mobile telephones as a result of the installation or use of the Application.
The Application are provided “as is” and “as available”, and to the fullest extent permissible pursuant to applicable laws, all warranties, representations and guarantees, express or implied, are hereby disclaimed. Without limiting the generality of the foregoing, any and all warranties of merchantability, fitness for a particular purpose, suitability, reliability, accuracy, performance, compatibility or non-infringement, or that the Application will be free from defects, errors, viruses, worms or harmful programs, or be of a satisfactory quality, are hereby expressly disclaimed or that access to the Application will be uninterrupted or error-free.
Neither HMIL nor any third party provider makes any warranty, representation or guarantee as to the accessibility, reliability, communication links, accuracy, truth, timeliness, or completeness of any Information or data furnished through the Application. The contents in the Application are meant only for information purpose and not meant to take (or refrain from making) any decision or take (or refrain from taking) any action. HMIL assumes no liability or responsibility for any errors or omissions or inaccuracies in the contents of the Application.
You agree to defend, indemnify and hold HMIL, its Affiliates, officers, directors, employees, representatives, successors and assigns, harmless from any and all claims, liabilities, costs and expenses, including reasonable attorneys' fees, that we may incur or suffer as a result of or arising out of or in connection with (i) your use or misuse of the Application or any violation of these Terms and Conditions by you; (ii) activities contemplated by these Terms and Conditions, even if due to the sole negligence of HMIL or any of the Third Parties; (2) Use or possession of data or information provided in connection with MMP Application; (3) claims for libel, slander, or any property damage, personal injury or death, arising out of or related in any way directly or indirectly; or (4) use, misuse or failure to use, or inability to use Application or Service.
These Terms and Conditions do not create any fiduciary relationships between you and us. You acknowledge that the usage of this Application by you does not constitute a joint venture, principal, partnership, employment or agency relationship between you and HMIL. You agree not to hold yourself as a representative, agent or employee of HMIL and HMIL shall not be liable for any representation, act or omission by you.
You agree that performance of Application or Service and/or functionality of the MMP Application shall at all times subject to Force Majeure events, such as act of god, war, insurrection, riots, natural disaster, weather, fire, strike, atmospheric/ geographical hindrances, equipment or facility shortage, government actions/regulations, terrorism, epidemic, pandemic, civil disturbances, equipment failures including Global positioning system, wireless networks, Internet, computer, telecommunication, and other events which are beyond the control of HMIL or third party(ies) or Service Provider. In the event of occurrence of any Force Majeure events, the obligations of HMIL or third party(ies) as mentioned in this Terms and Conditions shall automatically remain suspended and accordingly HMIL or third party(ies) shall not be responsible or liable, if any loss or damage is caused due to failure or delay or interruptions in providing the MMP services or in performing of its obligations, consequent to such Force Majeure events.
Any dispute relating to enforcement, interpretation or application of these terms and conditions shall be subject to Arbitration of Sole Arbitrator to be appointed by HMIL. The venue of Arbitration shall be at Chennai. The Arbitration Proceedings shall be in accordance with the Arbitration and Conciliation Act, 1996 or re-enactment or as amended from time to time.
The interpretation of these terms and conditions shall be construed in accordance with and governed by the laws of India. Subject to the above Arbitration Clause, any disputes arising under or in connection with the use of Application or Service or the Terms shall be submitted to the exclusive jurisdiction of the Courts in Chennai, India.
Except where prohibited by law, you are not allowed to bring any claim against HMIL (or any other third party beneficiary) more than one year after the claim arises.
These Terms and Conditions incorporated herein by reference is the entire agreement between you and us. HMIL reserves the right to modify or later or change the contents of the Application, terms, conditions or remove any of the feature(s) without prior notice. Any written notice from you to us will be considered given when we receive it at our address provided in the introduction of these Terms and Conditions. Any written Notice from us to you will be considered given when we send it by email to any mobile or email address you’ve provided to us. If any part of these Terms and Conditions is held invalid or unenforceable under any applicable law, the validity or enforceability of the remaining provisions contained herein shall not be affected in any manner whatsoever, and any such invalid or unenforceable provision shall be deemed to be severable and ineffective only to the extent necessary to render the remaining portions of these terms and conditions valid and enforceable. The section titles in these Terms and Conditions are for convenience only, and have no legal or contractual effect. No waiver of any part of these Terms and Conditions, or of any breach of it, in any one instance will require us to waive any other instance or breach. You shall not transfer, assign, sublicense nor pledge in any manner whatsoever, any of your rights or obligations under these Terms and Conditions. HMIL may transfer, assign sublicense or pledge in any manner whatsoever, any of its rights and obligations under these Terms and Conditions to a subsidiary, affiliate or to any third party whatsoever, without notifying you or receiving your consent. If you have any questions in relation to the Terms & Conditions or the Service or Application in general, please contact us at 1800114645.
HMIL collects from or about you or your personally identifiable Information, Vehicle Information, Demographic Information or Behavioural/Usage Information as detailed below (hereinafter collectively “Information”) when you register or visit to the Application and holds, depends on the circumstances in which the information is collected. We may collect or require information from you:
a. about your contact details (including your name, date of birth, address, email address, phone, mobile numbers and social media handles) and demographic information about your age, gender and occupation.
b. about your HMIL vehicle, including its number plate and vehicle identification number (VIN).
c. In addition to the types of information identified above, HMIL may collect personal information as otherwise permitted or required by law.
Some of the Application pages, commercial email messages may contain electronic images known as web beacons, which are also called single-pixel GIFs. Web beacons collect information including a cookie number, time and date of a page view and a description of the page on which the web beacon resides. Web beacons are a technique we may use to enhance and personalize the Site and the products and Services we offer, to provide product information and advertisements that are more relevant to your interests, compile aggregated statistics about the usage of the Site and to track the number of users who have opened and acted upon our commercial email messages.
The purposes for which we collect, hold, use and disclose your information will depend on the circumstances for which we collect it. In general, we may use and disclose your information for the purposes for which we collect it and related purposes which you would reasonably expect and as otherwise authorised or required by law. We use the data gathered to send you information about Product, Service, research, campaign, etc. Your contact information is also used to contact you when necessary. HMIL records this basic information about visits to its Website, for systems administration, statistical and troubleshooting purposes. We use your IP address to help diagnose problem with server and to administer our Application. We use your contact information to tailor your experience at our site showing you content that we think you might be interested in and displaying the content according to your preferences
If we are unable to collect information we require, we may not be able to provide the services (some of which may be provided by third parties/Service Providers) that you are looking for through the Application.
a. HMIL share your information to our authorised dealers and vice versa.
b. our employees, officers, contractors etc. (such as market research providers, data hosting providers and other IT suppliers) and technology service providers in connection with the operation of the Application;
c. third parties that require the information or for law enforcement or to prevent a serious threat to public safety; and as otherwise permitted or required by law.
Your account information is password-protected and HMIL has taken adequate security measures to secure access to your personal data.
The privacy and protection of your information is vitally important to us. All information accumulated will be acquired, processed, and used according to the applicable regulations governing the protection of information for the sole purpose of managing and maintaining HMIL’s own legitimate business interests. Any user statistics that we may provide to prospective advertisers or partners regarding your Application usage are provided in the aggregate only and do not include any personally identifiable information about any individual user. Despite our efforts to protect your personally identifiable information through security procedures commensurate with industry standards, we cannot ensure or warrant the security of any identifiable information you transmit to us. You transmit all such information at your own risk. We exclude all liability (including in negligence) for the consequences of any unauthorised access to, disclosure of, misuse of or loss or corruption of your personal information.
Our Application may contain links to Applications/websites owned or operated by HMIL and/or third parties, including owned or operated by third party providers affiliated with HMIL. We take no responsibility for the privacy practices or content of other Applications/websites, which are not under the control of HMIL. Other Applications/websites may contain their own privacy policies and their owners or operators are responsible for informing you about their security and privacy practices. We recommend that you thoroughly read the privacy policies of these third party applications/websites.
If you post information in our Application or to our social media channels, you acknowledge that such information may be publicly available. We recommend that you use your discretion in deciding what information you upload to such websites.
You hereby expressly consents and authorises, HMIL to collect, store, retain, disclose, record or transfer the information that voluntarily supplied herein and process and use it by HMIL or its affiliates, associates, Dealers, Agencies, etc. to fulfil your requests and to contact you through outbound call by Telephone/ Mobile Numbers or send SMS or Email about offers, marketing and/or promotions, product related information, newsletter, market survey, poll, research, study, programs, enquiries about offerings, services, and other legitimate purposes and release HMIL from and against any and all claims or liabilities arising out of the collection, disclosure, storage and use of the information
You have the choice to opt-in/opt-out of or not to use Application.
You may seek access to your information and we will provide you with access in accordance with the Application. We may require that you provide suitable identification for security purposes before allowing you to access your information. Access to your information may be refused in a number of circumstances, such as where the information relates to anticipated legal proceedings or the request for access is frivolous or vexatious. We rely on accuracy of information as provided to us from you. Therefore, it is very important that the information we hold about you is accurate, complete and up to date. If you become aware that any information which we hold about you is incorrect, incomplete, misleading, irrelevant or not up to date, please contact us using our details below to correct or update your information.
If you have any grievances, please inform us, by sending a letter to HMIL’s Sales & Marketing Head Quarters.