Hyundai Automotive South Africa

Terms and Conditions

WEBSITE AND ONLINE SERVICES TERMS AND CONDITIONS

This document contains the terms and conditions for the use of Hyundai website and online services. By accessing any page on the Hyundai website or making use of any online services you agree to the following terms and conditions.

In terms of section 11 of the Electronic Communications and Transactions Act 25 of 2002, as amended (“ECTA”) these terms and conditions are binding and enforceable against all persons that access the Hyundai website or any part thereof or make use of any online services offered by Hyundai, a division of Motus Corporation (Pty) Ltd.

If you do not agree with these terms and conditions you must leave the Hyundai website and discontinue your use of the online services without delay, as further use will mean that you have accepted and agree to these terms and conditions.

Important terms which may limit Hyundai’s responsibility or involve some risk for you may be in bold. You must pay special attention to these terms and conditions.

Definitions and interpretation

“The Hyundai website” means the Hyundai Financial Services website owned and operated by Hyundai, a division of Motus Corporation (Pty) Ltd and located at https://www.hyundai.co.za, including any page, part or element thereof;
“Hyundai Automotive South Africa” or “HASA” or “Hyundai” means Hyundai Automotive South Africa (Pty) Ltd, a division of Motus Corporation (Pty) Ltd.
“Hyundai Financial Services” means Hyundai Financial Services, a division of Motus Corporation (Pty) Ltd. All products and services are administered by LiquidCapital (Pty) Ltd, (reg. no. 2001/012511/07) an Authorised Financial Services Provider. FSP Licence 6210.
“Online services” means the Hyundai website and any other service offered by Hyundai through electronic means, including but not limited to electronic billing platforms, online portals, and interactive customer tools, and shall include the content and information provided or exchanged as part of such services;
“User / you or your” means any person who enters or uses the Hyundai website or online services, notwithstanding the fact that such a person only visits the home page of the Hyundai website or online service portals;
References herein to the singular include the plural and vice versa; and
Hyperlinks have been used in these terms and conditions. The fact that some or all of the hyperlinks may be non-operational, shall not play a role in the determination of the validity and interpretation of these terms and conditions.

Disclaimer
1. Whilst every reasonable effort has been made by Hyundai, and its suppliers of content and information, to ensure the proper performance of the online services, the accuracy of the content, information and images and the reliability of the binary data on the online services, Hyundai, its affiliated companies, suppliers, or any of their employees, do not, to the full extent permitted by law, guarantee the availability or accuracy of the services, content, information and/or images offered on the online services.
2. Hyundai makes no representations or warranties, whether express or implied, and assumes no liability or responsibility for the proper performance of the online services and the online services are used at your own risk.
3. Hyundai does not warrant that the online services will meet your requirements, be uninterrupted, complete, timely, secure or error free.
Indemnities and Limitation of Liability
1. Hyundai shall not be liable to you or any third party, in any manner whatsoever, and you indemnify Hyundai accordingly, for any damage, loss liability, costs or expense whether direct, indirect or of a consequential nature that resulted from a breach of these terms and conditions by you or arising out of or in connection with the failure or delay in the performance of the online services or your use of the online services, other than in respect of losses caused by Hyundai Financial Services gross negligence or intentional misconduct.
2. Hyundai shall not be liable to you for any breach of these terms and conditions or failure to perform any obligations as a result of technical problems relating to the Hyundai website, act 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 sub-contractor, industrial disputes or any other cause beyond Hyundai Financial Services’ reasonable control.
Permitted use and License
1. You agree and confirm that you are over the age of 18 years and are authorised to access, supply and/or make changes to any personal information and associated settings on any of the online services available to you.
2. In the event that you are not the vehicle owner and/or are not authorised to make use of the relevant online services, you declare that you have obtained the necessary consent to use said information.
3. You are only permitted and may only use, access, browse, view, amend, download and print the content and details of the online services for lawful and legal purposes.
4. You warrant that you shall not:
  1. use the online services for commercial and non-private purposes; and
  2. use the online services to receive or transmit material which is in violation of any law or regulation, which is hate-speech, offensive, obscene, threatening, racist, defamatory, in breach of confidence, or in breach of any intellectual property rights;
5. The caching of the online services shall only be allowed if:
  1. the purpose of the caching is to make the onward transmission of the content from the online services more efficient;
  2. the cached content is not modified in any manner whatsoever;
  3. the cached content is updated at least every 12 (twelve) hours; and
  4. the cached content is removed or updated when so required by Hyundai.
6. If you use content from the online services in breach of these terms and conditions:
  1. Hyundai reserves the right to claim damages from you;
  2. Hyundai reserves the right to institute criminal proceedings against you; and
  3. Hyundai shall not be liable, in any manner whatsoever, for any damage, loss or liability that resulted from the use of such content by you or any third party who obtained any content from you.
7. Hyperlinks to the online services from any other source shall be directed at the home page of the Hyundai website. Links beyond the Hyundai website home page may only be used with Hyundai prior written consent.
8. Users may quote small and reasonable amounts of content available from the online services only if such content is placed in inverted commas and the source acknowledged.
9. Users may quote small and reasonable amounts of content available from the online services only if such content is placed in inverted commas and the source acknowledged.
10. No person may, without the prior written consent of Hyundai, frame the online services in any manner whatsoever.
11. Apart from bona-fide search engine operators, no person may use or attempt to use any technology or applications (including web crawlers, robots or web spiders) to search, collect or copy content from the online services for any purposes, without the prior written consent of Hyundai Financial Services.
12. E-mail addresses, names, telephone numbers and fax numbers published on the online services may not be incorporated into any database used for electronic marketing or similar purposes. No permission is given or should be implied that information in/on the online services may be used to communicate unsolicited communications to Hyundai and all of Hyundai’s rights are reserved.
13. All licenses and/or permissions granted in terms of these terms and conditions are provided on a nonexclusive and non-transferable basis and may be terminated or cancelled by Hyundai Financial Services at any time without prior notice or reason.
Intellectual Property Rights
1. All intellectual property on the Hyundai website and online services, including but not limited to content, trademarks, domain names, patents, design elements, software, source code, meta tags, databases, text, graphics, icons and hyperlinks are the property of or licensed to Hyundai and as such, are protected from infringement by domestic and international legislation and treaties. Subject to the rights provided to you in these terms and conditions, all of the rights to intellectual property on the Hyundai Financial Services website and online services are expressly reserved.
Software and Equipment
1. It is the responsibility of the User to acquire and maintain, at his/her own expense, the necessary computer hardware, software, communication lines and Internet access accounts required to access the Internet and the online services and/or download content from the Hyundai website and the online services.
Privacy Statement
1. Hyundai shall take all reasonable steps to protect the personal information of Users and is committed to respecting the privacy of your personal information. For the purpose of these terms and conditions, “personal information” shall be defined as detailed in the Protection of Personal Information Act, 2013.
2. As and when necessary, Hyundai may electronically collect, store, disclose and/or use the following of your personal information:
  1. name and surname;
  2. contact numbers;
  3. non-personal browsing habits and click patterns;
  4. e-mail address;
  5. IP address; and/or
  6. geographical location.
3. Hyundai collects stores and uses the abovementioned information in order for Hyundai to:
  1. communicate requested information to you;
  2. respond to queries, responses or complaints submitted by you;
  3. process orders or applications for Hyundai Financial Services products and/or services;
  4. create products or services that may meet your future requirements;
  5. compile non-personal statistical information about browsing habits, click-patterns and access to the online services.
4. Personal information detailed above is collected and/or stored either electronically by the use of “cookies” or is provided voluntarily with your knowledge and consent. You can determine any use of cookies through your browser settings but note that turning off cookies may cause certain features of the online services or Hyundai website to be unavailable to you.
5. Hyundai may further collect non-personal information, for example, your IP address, the date and time of your visits to the Hyundai website, and browser history, to recognise you during any subsequent visits to the Hyundai website and/or use of the online services. Hyundai may further use this non-personal information to develop future products and/or services to meet your requirements and needs.
6. Hyundai owns and retains all rights to non-personal statistical information collected and compiled by Hyundai.
7. As and when necessary, Hyundai may use and/or disclose your personal information collected:
  1. in order to comply with legal and regulatory requirements and applicable laws;
  2. to either credit grantors and/or credit bureaux and/or banks and/or other financial institutions in order to ascertain information relating to your creditworthiness and for fraud prevention purposes and in order to process any payment transactions where necessary;
  3. to attorneys and/or debt collection agencies if you breach any agreements with Hyundai Financial Services;
  4. to Hyundai agents and/or consultants and/or trade partners, but only to the extent necessary and in order to provide Hyundai products, services and the online services to you;
  5. to consumer research companies for the purposes of conducting research on improving Hyundai products, services and the online services;
  6. for the purposes of us publishing a directory containing the name, vehicle details, the applicable contact number and the applicable email address of Hyundai subscribers; and
  7. for the purposes of Hyundai informing or sending information to you about any new services or products offered by Hyundai and/or by any of Hyundai agents and/or consultants and/or trade partners which we consider may be of interest to you. Hyundai will comply with the direct marketing provisions of the Consumer Protection Act, 68 of 2008 (“CPA”) and the CPA regulations, including the provisions relating to the direct marketing registry.
8. By using the online services and the Hyundai website you understand that Hyundai may, where necessary and where permitted by law, monitor your browser habits, online chat or e-mails for business purposes, including for purposes of quality control, training, marketing and improving the online services. Hyundai agrees that it will not disclose any personal information that could be used to identify you.
9. Hyundai reserves the right to amend this privacy statement if required to do so due to a change in any personal information or privacy laws.
Hyperlinks to third party sites
1. In the event that the online services contain hyperlinks to third party sites not controlled by Hyundai (“target sites”), Hyundai is not responsible for the content of, or the services offered by those sites. The hyperlink(s) are provided solely for your convenience and should not be construed as an express or implied endorsement by Hyundai of the site(s) or the products or services provided therein. You access those sites and use their products and services solely at your own risk Hyundai recommends that you check the policy of the target sites if you have any concerns or questions.
2. Hyundai shall not be liable, in any manner whatsoever, for any damage, loss liability, costs or expense whether direct, indirect or of a consequential nature that resulted from the use and access to target sites and the content on such target sites. Persons that wish to link to content beyond the home page of the Hyundai website and/or online services without Hyundai’s prior written consent shall do so at their own risk and indemnify Hyundai against any loss, liability or damage that may result from the use of content from the Hyundai website and online services, if such content was accessed through a hyperlink not directed at the home page of the Hyundai website and/or online services. Hyundai non- liability for deep linking is based on the fact that deep links bypass these terms and conditions.
Security
1. Hyundai shall take all reasonable steps to secure the content of the online services and the information provided by and collected from Users from unauthorised access and/or disclosure, however, Hyundai makes no warranties or representations in this regard.
2. While Hyundai has implemented appropriate and reasonable security technologies and practices, please be aware that internet communications are insecure unless they have been encrypted and/or appropriate security safeguards implemented. Accordingly, Hyundai assumes no responsibility or liability of any nature whatsoever for the interception or loss of personal information beyond Hyundai’s control.
Disclosures required by section 43 of the ECTA
1. Access to the services, content, software and downloads available from the online services may be classified as “electronic transactions” as defined in terms of ECTA and you therefore may have the rights detailed in ECTA. Accordingly, Hyundai Automotive South Africa provides the following information:
  - The full name and legal status of the online services owner: Hyundai Automotive South Africa (Proprietary) Limited, Registration Number: 1999/0159934/07 ; Street address: Cnr Norman Rd & Lucas Lane, Bedfordview, 2007, South Africa; Postal address: ; Physical address for receipt of legal service: 1 van Buuren Road, Bedfordview, 2007, South Africa; Main business: Hyundai Automotive South Africa is an automotive motor vehicle importer and distributor; The website address of the Hyundai Financial Services website is: https://www.hyundai.co.za; The official e-mail address of the Hyundai Financial Services website is: [email protected]; The official contact number of Hyundai Financial Services is: 010 248 8000. Access to the Hyundai South Africa website is provided free of charge;
  - Alternative dispute resolution: Subject to urgent and/or interim relief, all disputes regarding access to online services; the inability to access the online services; the services and content available from the online services; or these terms and conditions, shall be referred to Hyundai Automotive South Africa ;
  - You may return goods or services as detailed in ECTA, the Consumer Protection Act and Hyundai Automotive South Africa’s policies; and xii. Users may lodge complaints concerning the online services with Hyundai Automotive South Africa at [email protected].
  - Access to the services, content, software and downloads available from the online services may be classified as “electronic transactions” as defined in terms of ECTA and you therefore may have the rights detailed in ECTA.
  - Accordingly, Hyundai Financial Services provides the following information: The full name and legal status of the online services owner: Hyundai Financial Services, a division of Motus Corporation (Pty) Ltd. All products and services are administered by LiquidCapital (Pty) Ltd, (reg. no. 2001/012511/07) an Authorised Financial Services Provider. FSP Licence 6210; ii. Street address: Building 1, Block A, The Bridge Office Park, 5 Boeing Road East, Elma Park, Edenvale, 1609, South Africa; Postal address: PO Box 851, Edenvale, 1610, Gauteng, South Africa; Physical address for receipt of legal service: Building 1, Block A, The Bridge Office Park, 5 Boeing Road East, Elma Park, Edenvale, 1609, South Africa;
  - Main business: Hyundai Financial Services is a motor vehicle financial value added products and services provider;
  - The website address of the Hyundai Financial Services website is: https://vaps.hyundai.co.za;
  - The official e-mail address of the Hyundai Financial Services website is: [email protected];
  - The official contact number of Hyundai Financial Services is: 0861 112 481.
  - Access to the Hyundai Financial Services website is provided free of charge;
  - Alternative dispute resolution: Subject to urgent and/or interim relief, all disputes regarding access to online services; the inability to access the online services; the services and content available from the online services; or these terms and conditions, shall be referred to Hyundai Financial Services ;
  - You may return goods or services as detailed in ECTA, the Consumer Protection Act and Hyundai Financial Services’ policies; and
  - Users may lodge complaints concerning the online services with Hyundai Financial Services at [email protected].
Changes and Amendments
1. To the extent permitted by law, Hyundai reserves the right, in its sole and absolute discretion, to do any of the following, at any time without prior notice or justification:
  1. change these terms and conditions;
  2. change the content and/or services available from the online services;
  3. alter and/or discontinue any aspect of the online services; and/or
  4. change the software and hardware required to access and use the online services.
2. The amended versions of the terms and conditions and online services will be displayed in the same media as these terms and conditions. By continuing to use the online services, you agree and understand that you will be bound by the amended terms and conditions.

MOTUS XPONENTIAL TERMS AND CONDITIONS

Introduction
Motus Xponential, a Motus Corporation (Pty) Ltd innovation program, ("Motus Xponential") conducts various innovation activities and initiatives across the Motus Holdings Limited group and its group companies (“the Company”) from time to time. By participating in any Motus Xponential activity and/or initiative, you agree to be bound by these specific terms and conditions ("Terms and Conditions") and acknowledge that the terms and conditions of your contract of employment also apply.
Intellectual property and copyright
1. In these Terms and Conditions –
  1. Intellectual Property means - any creation of the mind that is capable of being protected by law from use by any other person, whether in terms of South African law or foreign intellectual property law, including any rights in such creation. The term shall include the following (whether registrable or non-registrable): inventions, copyright works (i.e. works qualifying for copyright), computer software, drawings, designs, expertise, trade secrets, trade & service marks, domain names, business names, goodwill and the style and presentation of goods or services, and tangible research property (i.e. research results which are in a tangible form as distinct from an intangible form);
  2. Invention includes any discovery, invention or other development of a technical nature, whether or not patentable; and
  3. Inventor is a creator of Intellectual Property, whether or not patentable. An inventor may be referred to as an “author” where the Intellectual Property in question is a copyrightable work.
As a general principle, ownership of Intellectual Property, created by you in the normal course and scope of your employment vests by law in the Company as your employer. However, you hereby also assign to the Company rights emanating directly from the execution of your contractual obligations. This applies to copyright and to rights in respect of inventions and Intellectual Property creation, knowledge and trade secrets developed by Company staff.
By participating in a Motus Xponential activity or initiative, you acknowledge that all right, title and interest in and to any Intellectual Property created and/or used as a result of your participation and employment with the Company, vests in the Company and that you have no claim of any nature in and to the Intellectual Property.
Unless otherwise agreed, any contributions, ideas or inputs, of any nature whatsoever, made towards the development of revenue generating products or services are deemed to fall within the normal course and scope of your employment. Ownership of Intellectual Property where staff are engaged with other departments or divisions inside or outside of the Company shall vest in the Company.
You shall not at any time during or after termination of your employment or these Terms and Conditions dispute the validity or enforceability of such rights, or cause to be done any act or thing contesting or in any way impairing or tending to impair any part of that right, title and interest of any of the Intellectual Property rights which may be the subject of these Terms and Conditions, and shall not counsel or assist any other person to do so.
In as far as improvements to Intellectual Property is concerned, if, while these Terms and Conditions are in force, you make, or receive the benefit of any improvement to such Intellectual Property, you undertake to inform the Company of such improvement and the Company may make use of such improvement for the purposes of these Terms and Conditions. If you obtain patent of design rights for such improvements, such rights will be deemed to be part of the patents and designs licensed in terms of these Terms and Conditions. If such improvements involve additions to the copyright and know-how, such additions will also be deemed to be part of the rights licensed in terms of these Terms and Conditions.
You hereby cede and assign to the Company all copyright in all works eligible for copyright which you may make, or may have made, whether before or after the date hereof in the course and scope of your employment, association with the Company or participation in any Motus Xponential activity. This cession and assignment is granted free of consideration, and the copyright hereby ceded and assigned shall be the absolute property of the Company and shall be freely transferable by the Company at its own discretion.
You undertake to sign specific cessions and assignments of copyright material in accordance with the aforegoing terms in favour of such person as the Company may from time to time direct, and in accordance with the Company’s contractual obligations to others.

BLUEBOOST DEALS CAMPAIGN

Each promotional offer is made by Hyundai Automotive South Africa Proprietary Limited (Registration Number: 1999/015934/07) and/or its agencies and any other organisers (“Hyundai”), if any, and runs for the period detailed herein.
These terms and conditions (“the General T&Cs”) as supplemented by any other terms and conditions (“the Supplemental T&Cs”) which are detailed in any document (including on any social media or digital display networks, Hyundai’s website, by SMS and/or e-mail) setting out the promotional offer (collectively hereinafter referred to as the “T&Cs”), shall apply to the promotional offer. In the event of a conflict between the General T&Cs and the Supplemental T&Cs, the provisions of the General T&Cs will prevail.
Hyundai may in its sole discretion amend the T&Cs at any time, without notice, and such amendments shall be deemed to have taken effect from the date of publication of the revised T&Cs on Hyundai’s website www.hyundai.co.za or any other official Hyundai platform.
By participating in a promotional offer, you are deemed to have read and consented to the T&Cs and agree to be bound hereto.
Participation in a promotional offer constitutes your agreement to abide by the T&Cs. Any person failing to comply with the T&C’s will not be entitled to participate in the promotional offers.

THE PROMOTIONAL OFFER

This promotional offer involves free labour on the following selected service kits only:

Service Kit	Disclaimer	Additional Disclaimer	Total price incl. VAT [From R XYZ, all Inclusive]	Total Saving
GETZ Minor Service	*Valid on GETZ TBI AND TB 2002-2011	Excluding Engine & Transmission oils, Engine coolant, Brake Fluid and* Consumables.	R 735,00	Up to 50% discount on Parts and Labour
GETZ Major Service	*Valid on GETZ TBI AND TB 2002-2011		R 1 940,00
H-100 Clutch Service	*Valid on H100 2.6 2003-2019		R 5 200,00
H-100 Major Service	*Valid on H100 2.6 2003-2019		R 1 765,00
H-100 Minor Service	*Valid on H100 2.6 2003-2019		R 1 120,00
i20 Major Service	*Valid on I20 PB 2008-2015		R 2 450,00
i20 Minor Service	* Valid on I20 PB 2008-2015		R 1 005,00
TUCSON Minor Service	*Valid on TUCSON 2.0 JM 2005-2010		R 815,00
TUCSON Major Service	*Valid on TUCSON 2.0 JM 2005-2010		R 1 970,00
ix35 Minor Service	*Valid on IX35 LM 2010-2015		R 1 380,00
ix35 Major Service	*Valid on IX35 LM 2010-2015		R 2 155,00
i10 1.1 Major Service Kit	*Valid on I10 PAI 1.1 2007-2018		R 2 245,00
i10 1.1 Major+ Service Kit	*Valid on I10 PAI 1.1 2007-2018		R 3 725,00
ACCENT Major Service Kit	*Valid on ACCENT RB 2015		R 2 320,00
ACCENT Minor Service Kit	*Valid on ACCENT RB 2015		R 820,00

Prices advertised above do not include consumables or any additional repairs or items quoted on.
The promotional offer may not be replaced with cash or other products, except if permitted by Hyundai.

WHO QUALIFIES?

Participants must be 18 years or older and be a South African citizen or permanent resident in the Republic of South Africa (“RSA”) during the promotional period (“Participants”/“you”/“your”).
This promotional offer is not available to cross boarder customers.
This promotional offer is not available to directors, members, partners, employees, agents of or consultants of Hyundai, their subsidiaries, holding companies, divisions and/or associated companies or of the advertising or promotion agencies or any other person who directly or indirectly controls or is controlled by the Hyundai, or their spouses, life partners, immediate family members or extended family.

HOW TO PARTICIPATE

If your vehicle falls within the make and model listed above, just book your vehicle in for a service with your nearest Hyundai dealer, in the months of February 2023, March or April 2023, and the labour costs will be free.

DATA PRIVACY AND USE OF PERSONAL INFORMATION

By taking part in this promotional offer, a Participant acknowledges that personal information about the Participant will be shared with Hyundai and their agents to the extent necessary to conduct surveys or share promotional information as set out clause 20 below.
Hyundai will collect your personal information directly from you, which personal information will be used solely for the purpose of surveys and in accordance with South African data protection legislation.

COPYRIGHTS

All intellectual property rights, including but not limited to copyright and trade marks in the material contained on the website or any other promotional material is held by Hyundai and may not be copied, reproduced, adapted, published or distributed in any form whatsoever without the prior written consent of Hyundai.

GENERAL

Hyundai assumes no liability for any service and/or advice, whether correct or incorrect, which you received and/or pursue over and above this offer.
Hyundai assumes no liability whatsoever for any direct or indirect loss or damage arising from your participation in this promotional offer howsoever arising (whether arising from negligence or otherwise). Whilst participating in this promotional offer, you indemnify Hyundai and hold Hyundai harmless from any loss, damage, harm or injury (whether arising from negligence or otherwise) which may be sustained as a result of any claim, costs, expense, loss or damages which may be made by any third party.
By participating in the promotional offer, you agree to receive approaches and/or communications (including for the purposes of direct marketing) and marketing material from Hyundai and/or its marketing service providers. Should you not wish to receive any such approaches and/or communications and/or marketing material, kindly address an e-mail to [email protected] advising Hyundai of same.
Hyundai reserves the right to amend, reduce or extend at any time the start or end dates of this promotional offer or to terminate this promotional offer with immediate effect or whenever it should so choose for technical, commercial, or operational reasons, or for reasons beyond its control or generally for any reason whatsoever within their sole discretion and without notice of such to you. In such an event, all Participants waive any rights that they may have/purport to have in terms of this promotional offer and acknowledge that they will have no recourse against Hyundai whatsoever in this regard and fully indemnifies Hyundai from any claim arising therefrom.
To the fullest extent permitted by law, by participating, the Participant indemnifies, releases and agrees to hold harmless Hyundai, their associated, holding and subsidiary companies, and its directors, officers, agents, representatives, shareholders, employees, successors and assigns from any and all claims or liability arising from participating in the promotional offer and any promotional-related activity.
In the event of a dispute, Hyundai’s decision will be final and binding on all aspects of this promotional offer and no correspondence will be entered into.
The promotional offer shall comply with, and will be subject to, any peremptory provisions of the Consumer Protection Act 68 of 2008 (“CPA”) and the regulations promulgated thereunder, which are deemed to be incorporated herein (“Peremptory Provisions”). In the event of any conflict between the T&Cs (or any portion thereof) and the Peremptory Provisions, the latter shall prevail. Copies of the CPA and the regulations promulgated thereunder are available on the Department of Trade and Industry Website: www.dti.gov.za
Any provision of the T&Cs or the promotional offer which is held to be invalid or unenforceable shall be ineffective to the extent of such invalidity or unenforceability without invalidating or rendering unenforceable the remaining provisions thereof.
South African law shall govern these terms and conditions and the Courts of South Africa shall have jurisdiction.