HYUNDAI ACCOUNT | TERMS OF USE

1.                               These terms of use

1.1               What these terms of use cover.  Using the interface on our sign-up page, you may create a personal Hyundai customer account (the "Hyundai Account"), by providing your name, your email address and a unique password. A Hyundai Account allows viewing and accessing Hyundai services, which are available now and which may be added in the future. These terms of use (the "Terms") govern the use of your Hyundai Account.

Each Hyundai service, which you may access through a Hyundai Account, is governed by its own terms of use .

1.2              Why you should read these Terms . Please read these Terms carefully before you sign up for a Hyundai Account. These Terms tell you who we are, how you and we may change or end the contract, what actions are prohibited, and other important information. If you think that there is a mistake in these Terms, please contact us to discuss.

2.                              Information about us and how to contact us

2.1              Who we are . We are Hyundai Motor Europe GmbH, a company registered in Germany. Our company registration number is HRB 42 351, and our registered office is at Kaiserleipromenade 5, 63067 Offenbach am Main, Germany .

2.2             How to contact us . You can contact us by writing to us at [ hyundai-account@hyundai-europe.com ].

2.3             How we may contact you . If we have to contact you, we will do so by writing to you at the email address provided to us in your registration for your Hyundai Account.

2.4             "Writing" includes emails . When we use the words "writing" or "written" in these Terms, this includes emails.

3.                              Entering into a contract between you and us under these Terms

3.1              The Hyundai Account is available only to persons of legal age.

3.2             If your devices are not equipped with the technical features required for the access and use of the Hyundai Account, we shall not be obliged to provide you with a Hyundai Account.

3.3             The Hyundai Account is provided to you free of charge. You accept these Terms by ticking a box indicating your acceptance during the process of signing up for the Hyundai Account. Your acceptance means that a contract will come into existence between you and us.

3.4             The use of the Hyundai Account may require internet access or other telecommunication services. These Terms do not cover any such services. Internet and other telecommunication services, and their prices, are subject to separate agreement(s) with the provider(s) of such telecommunication services.

4.                             Your obligations

4.1              The information you provide to us for the creation of a Hyundai Account shall be accurate.

4.2             You may not use the Hyundai Account in violation of the provisions of these Terms.

The use of your Hyundai Account is personal, and you may not allow any third party to access your Hyundai Account.

You may not use the Hyundai Account in a manner that violates any applicable laws or regulations, including any rules on intellectual property rights.

You may not do anything which threatens the security of the Hyundai Account, or could jeopardize or impair our technical infrastructure or that of a third party.

You may not damage, disable, hack into, or otherwise interfere with the Hyundai Account, or introduce into the Hyundai Account any viruses, "worms", malware, spyware, "Trojans" or any other harmful code or program that could compromise the operation of the Hyundai Account.

4.3             The Hyundai Account requires a password. You shall choose a password that is sufficiently secure against third parties. We can set rules on what counts as a sufficiently secure password. You are responsible for keeping your password secret and protecting it against accidental disclosure to any third party. If you suspect that a third party has gained unauthorized access to your password or to your Hyundai Account, you shall immediately change the password and immediately contact our customer service (see section 2.2).

5.                Intellectual Property Rights

5.1              The rights in the entire content of the Hyundai Account belong to us and/or our affiliated companies (collectively the " Hyundai Group "), and/or to third parties, and are protected by applicable copyright law.

The rights to the Hyundai trademarks and the underlying software of the Hyundai Account belong to the Hyundai Group and its licensors. You may not sell, distribute, publish, broadcast, circulate or commercially exploit the Hyundai Account in any manner without our express written consent. You may not reproduce (in whole or part), transmit (by electronic means or otherwise), modify, display, redeliver, license, link or otherwise use the Hyundai Account, the Hyundai Account content or the Hyundai trademarks for any public or commercial purpose without our prior permission.

5.2             Nothing in these Terms shall be construed as granting a license or a right to copy or distribute any content, image, or trademark. We reserve all rights with respect to our proprietary information or material in connection with the Hyundai Account and will enforce such rights to the full extent of applicable law.

6.                             Our rights to make changes

6.1              We may change these Terms or the Hyundai Account. We may change these Terms or functionalities of the Hyundai Account from time to time. Changes to these Terms will be notified to you by email or through another form of notification. If you do not object to those changes in text form within 4 weeks after receipt of the notification, the changes will be deemed accepted by you. We will expressly notify you about the right to reject and the consequences of being silent.

6.2             We may suspend your access to your Hyundai Account . Among other reasons, we may have to suspend access to your Hyundai Account to:

(a)         deal with technical problems or make minor technical changes;

(b)         make updates to reflect changes in relevant laws and regulatory requirements .

7.                              How to end the contract with us (including if you have changed your mind)

7.1               You can terminate this contract on a 30 days' notice by deactivating your Hyundai Account. You can request to deactivate your Hyundai Account at any time by clicking on the " delete your account " button. Your account will stay dormant for 30 days (during which you can re-activate it), and will be definitively deactivated at the end of this period. Your contract with us will also end at that time.

7.2              IMPORTANT: once your Hyundai Account is deactivated, you will no longer be able to log into any Hyundai services connected with it . In such a case, a re-activation of your existing Hyundai Account during the 30-day dormancy mentioned above, or the creation of a new Hyundai Account will be necessary to continue the use of these services.

7.3              Your obligations set out in section 4.2 above shall survive the termination of this contract. As such, we may exercise our rights in connection to your violation of the provisions of section 4.2 even after the end of this contract.

8.                             Our rights to end the contract

8.1              We may end the contract if you break it .In this case, we will end this contract by providing you a notice of termination in writing.

We may discontinue the Hyundai Accounts . We may write to you to let you know that we are going to stop providing you with access to your Hyundai Account. We will let you know at least 6 weeks in advance of our discontinuation the Hyundai Account.

9.                             Our responsibility for loss or damage suffered by you

9.1              We are limiting some of our liability for your losses or damages . If we break an essential obligation under these Terms (i.e. an obligation on which the proper implementation of this contract depends, and which you could reasonably expect to be fulfilled) through simple negligence, our liability will be limited to compensating your losses or damages which are (1) a foreseeable result of breaking this contract and (2) typical for this type of agreement. We exclude our liability for violating any non-essential obligations.

9.2             We do not exclude or limit our liability to you where it would be unlawful to do so . This includes liability for death or personal injury caused by our fault, liability for wilful actions or gross negligence, liability under the German Product Liability Act ( Produkthaftungsgesetz ) or other mandatory provisions of the applicable law (see Clause 11.4 below).

9.3             We are not liable for business losses . The use of the Hyundai Account is limited to private use. We will have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.

9.4             You are obliged to take reasonable efforts to prevent and minimize your losses and damages.

10.                         How we may use your personal information

10.1            How we may use your personal information . We will only use your personal information as set out in our [ /legal_en.html ] .

11.                           Other important terms

11.1             We may transfer this agreement to someone else . We may transfer our rights and obligations under these terms to another organisation. We will contact you to let you know if we plan to do this. If you are unhappy with the transfer, you may end this contract by deactivating your Hyundai Account.

11.2            If a court finds part of this contract illegal, the rest will continue in force . Each of the paragraphs of these terms operates separately. If any court or relevant authority decides that any of them are unlawful, the remaining paragraphs will remain in full force and effect.

11.3            Even if we delay in enforcing this contract, we can still enforce it later . If we do not insist immediately that you do anything you are required to do under these terms, or if we delay in taking steps against you in respect of your breaking this contract, that will not mean that you do not have to do those things and it will not prevent us taking steps against you at a later date.

11.4            Which laws apply to this contract . These Terms are governed by the laws of the Federal Republic of Germany. However, if the laws of your habitual place of residence provide for more favourable rules of construing and interpreting this contract, the more favourable rules shall apply instead.