Legal Disclaimer
Please read the following terms carefully, as the use of hyundai.com implies the acceptance of them.
Privacy Policy
Hyundai Motor India Ltd (HMIL, “we”, “us” or “our”) respects and recognizes the privacy and security of the visitors to the Website and appreciate that your personal information is very important. Our goal is to provide you with a personalized Internet experience that delivers the information, resources and services that are most relevant and helpful to you. In order to achieve this goal, we may collect information during your visits to understand what differentiates you from each of our millions of other users. In order to demonstrate our commitment to your privacy, we have prepared this Privacy Policy.
This Privacy Policy explains what personally identifiable information of yours is collected, sets out key information regarding our collection, use, process, disclosure and storage of your personal information, how and when we might use your information, how we protect your information, who has access to your information, and of your ability to access and correct it. In order to fully understand your rights, we encourage you to read this Privacy Policy. HMIL reserves the right at any time and without notice to change this Privacy Policy simply by posting such change on the Website. Any such change will be effective immediately upon posting. Continued usage of the website following changes to these terms will mean that you accept these changes. Please check our Privacy Policy regularly for updates.
The Website contains links to other sites; HMIL is not responsible for the privacy practices or the content of such websites, which are not under the control of HMIL.
What personally identifiable information does HMIL gather/track about you through its website?
HMIL may collect or require you to furnish information when you choose the Products, Services, Promotions, Offers, etc. available in this Website. HMIL may collect personally identifiable information viz., your name, e-mail, address, date of birth, gender, profession, marital status, contact numbers, vehicle information (model, model variant, registration number, VIN number, date of purchase, ownership type, state of registration, current city, insurance duration, mileage covered), etc. and unique identifiers (like your password). You hereby expressly consents HMIL to store, retain or transfer the personal data (i.e. personally identifiable Information) that voluntarily supplied herein and process and use it by HMIL or its affiliates, associates, Dealers, Agencies, etc. to fulfil your requests for products, services, offers, etc. 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, service reminders and other legitimate purposes. Your account information is password-protected and HMIL has taken adequate security measures to secure access to your personal data.
Cookies
During normal website usage, we may also collect certain information about yourself, such as your Internet Protocol (IP) address, the time of your visit, pages you request, name of the internet service provider, the website or media that referred you to us etc. through the use of cookies which are small files stored on your web browser in order to optimize the design of the Site. Cookies enable us to track and aggregate user behavior data so that we may better target the interests of our users and enhance their experience on the Site. You can set your browser to refuse all cookies or to indicate when a cookie is being sent. However, some website features or services may not function properly without cookies.
Web Beacons
Some of our web pages, commercial email messages and/or newsletters 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.
What does HMIL do with the information?
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 the Website, for systems administration, statistical and troubleshooting purposes. We use your IP address to help diagnose problem with our server and to administer our website. We use your personal data 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.
How HMIL protects your information?
The privacy and protection of your personally identifiable information is vitally important to us. 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.Any user statistics that we may provide to prospective advertisers or partners regarding your Website 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 personal identifiable information through security procedures commensurate with industry standards, we cannot assure that Personal Data that you provides will never be disclosed in a manner that is inconsistent with the Policy or ensure or warrant the security of any information you transmit to us. You transmit all such information at your own risk.
With whom does HMIL share the information?
HMIL does not sell or rent your personally identifiable information to any third parties. Information, including Personal Information, location, your Device identifiers etc. about you supplied to us may be shared with third parties viz., affiliates, group companies, auditors, authorized dealers, legal advisers and marketing partners etc. contracted to provide services on our behalf. HMIL as it deems appropriate may use your contact information for the use of any affiliate, dealer or third party to provide these services. HMIL may disclose information if required to do so by any law enforcing agency. We may also transfer your personally identifiable information to any of our Affiliate or group company outside India.
We may organize contests, promotions etc. (“Programs”) either directly or jointly with business partner/third party through this Website or any other Sites/links of this Website, which may require registration. By participating in such Programs, you are agreeing to rules that govern Programs, which may contain specific requirements such as allowing HMIL and/or the sponsor of the Programs to use your personal information in advertising or marketing associated with the Promotion. If you choose to enter Program, Personal Information may be disclosed to business partner/third parties or the public in connection with the administration of such Program, including, in connection with winner selection, prize fulfillment, and as required by law or permitted by the rules.
Third party websites
The Website may contain links to Applications/websites owned or operated by third parties, including owned or operated by third party service providers affiliated with HMIL. We take no responsibility for the privacy practices or content of other Applications/websites. 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.
HMIL may change this Privacy Policy from time to time. If we make any substantial changes, we will notify you by posting a prominent announcement on our website.
Corrections Upon request, HMIL will correct personal information that you might have disclosed and state that it is erroneous.
To request a correction send an e-mail sales@rlhyundai.co.in or letter in writing at the following address:
RL Hyundai Motor Varanasi
Kachahari, orderly bazar Link Rd, Varanasi, India, Uttar Pradesh
+91 92198 11464
Terms & Conditions of the Website
Acceptance of Terms of service
Thank you for visiting our website. You are requested to read the Terms & Conditions of usage carefully before accessing or using this website or other sites of Hyundai Motor India Limited (“HMIL’’, “we”, “us” or “our”), hereinafter collectively referred to as “Website”. By accessing or using the Website you agree to be bound, without limitation or qualification by the Terms & Conditions of use/service. If you do not accept any of the Terms & Conditions stated herein, do not use the Website. HMIL may, in its sole discretion, modify or revise these Terms & Conditions at any time by updating the webpage. You are bound by any such modification or revision and therefore before accessing or using the Website, you should visit this webpage to review the Terms & Conditions. You may also wish to review the HMIL Privacy Policy before using the Website.
TERMS & CONDITIONS
LIMIT TO INDIAN USERS
The Website can be viewed anywhere in the world but is intended for use only in India. The Website contains information regarding HMIL, its product range, promotional programs, service, offers etc. HMIL vehicles described in the Website relate only to Indian specifications and are offered for the use of citizens residing in India. The promotions, programs, services etc. described in the Website are available only in India and all pricing information referred to in the Website is in Indian currency.
ELIGIBILITY
You warrant that you are at least 18 years of age and possess the legal authority to enter & use the Products & Services offered on the Website in accordance with the terms & conditions mentioned herein.
RESTRICTIONS ON USE
You are hereby granted a nonexclusive, nontransferable, limited license to view and use information retrieved from the Website, which is provided solely for your personal purposes only. Except as expressly provided above, no part of the Website, including but not limited to materials retrieved there from and the underlying code, may be reproduced, republished, transmitted, displayed, posted or distributed in any form or by any means. In no event shall the materials from the Website be stored in any information storage and retrieval system without the prior written permission of HMIL.
Use of any robot, spider, other automatic device, or manual process to monitor or copy our webpages or the contents contained herein is strictly forbidden. You warrant that you will not use the Website for any illegal purpose or for any purpose prohibited by the Terms of Service.
ONLINE SHOPPING
Some sites or links in the Website also offer e-commerce opportunities or options to purchase products or services either from HMIL or from a third party. Neither HMIL nor third parties guarantee that all orders will be fulfilled. Online Booking facility for Products and/or Services is optional and you can book for Products and/or Services directly through HMIL Dealers or third parties as well.
PAYMENTS
HMIL and/or its business partners/third parties reserve the right, in their sole discretion, to establish acceptable payment methods requiring payment for specific services or products, including via mobile application. You are solely responsible for charges owed for all goods and services booked and/or purchased through the Website, including, but not limited to, applicable taxes, shipping charges, insurance, and any other costs. If you are making online payments of any kind, you represent and warrant that (a) any credit card, debit card and bank account information you supply is true, correct and complete, (b) the card was issued in your name and charges incurred by you will be honored by your credit/debit card company or bank. Furthermore, you agree and authorize us to: (i) submit a transaction using the card or financial information provided, (ii) in the case of automatic recurring transactions, submit a transaction on a recurring basis (e.g., monthly or annual basis) for renewals, (iii) if necessary, bill you, in a prorated manner (as required), in accordance with the particular fee terms for the product or service you are purchasing or enrolling in, and (iv) if necessary (and applicable) bill your mobile carrier via a mobile application if you authorize us to do so. You may cancel your services for ongoing transactions/services at any time by calling customer care or by using any other method specified on the sites.
LINKS TO THIRD PARTY SITES
To the extent that the Website may contain links to advertisement banners, information about outside services and resources offered by third parties, HMIL does not control the availability and content of those outside services and resources. Any concerns regarding any such services or resources, or any link thereto, should be directed to the particular service or resource. 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 their operators.
The Website 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 the Website and such other HMIL Site, the terms and conditions of such HMIL Site will prevail over the Terms and Conditions of the Website only to the extent of any inconsistency.
ACCESS
You are solely responsible for all information entered through or electronically transmitted to us through the Website and accept that all such data transmissions are undertaken at your own risk. By using the login service, you authorize HMIL to access and 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 shall choose a password when registering. 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.
MATERIALS PROVIDED OR POSTED IN THE WEB SITE
By providing your materials (including feedback and suggestions) to HMIL by your use of the Website or its associated services (hereinafter called “Materials”), you hereby grant HMIL permission to use it at free of cost in connection with its businesses including, without limitation, the rights to copy, distribute, transmit, publicly display, reproduce, edit, translate and reformat the Materials and to publish your name in connection with your Materials.
OWNERSHIP
Unless otherwise noted, all materials, including images, designs, icons, photographs, video clips, animation, contents etc. written and other materials that are part of the Website are copyrights, trademarks, trade dress, designs and/or other intellectual properties owned, controlled or licensed by HMIL and are protected by Indian and/or International copyright and other intellectual property laws. Nothing contained herein shall be construed as conferring any license or right, by implications, estoppels or otherwise, under copyright or other intellectual property rights.
TERMINATION/ACCESS RESTRICTION
HMIL reserves the right, in its sole discretion, to discontinue temporarily or permanently or terminate or otherwise limit your access to any or all HMIL websites and the related services or any portion thereof at any time, without notice and HMIL shall not be liable to you for the same.
LIMITATION OF LIABILITY
The Website is for personal use and is not to be used for any commercial purpose. HMIL cannot promise that the Website will be uninterrupted or entirely error free. Because of the nature of the Internet, the Website is provided on an ‘as is’ basis and HMIL will not be responsible for any reason whatsoever if the Website is unavailable for use.
In no event will HMIL be liable or responsible 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 Website or any link to the Website or any other Sites of HMIL 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, even if HMIL or a HMIL authorized representative has been advised of the possibility of such damages.
DISCLAIMER
HMIL makes every effort to ensure, but cannot and does not guarantee, and makes no warranties as to the accuracy, accessibility, integrity and timeliness of the contents described in the Website. The contents in the Website 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 Website and further disclaims any liability of any nature for any loss howsoever caused in connection with using the website. While HMIL makes every effort to ensure that any software or information to be downloaded from the Website is free of virus, however it cannot guarantee that the software or information is free from any or all viruses. HMIL is not responsible for any loss or damage howsoever caused by the software and related codes, including viruses and worms. To the fullest extent permissible pursuant to applicable laws, HMIL disclaims all warranties, express or implied, including, but not limited to, implied warranties of merchantability and fitness for a particular purpose. HMIL does not warrant that the functions contained in the Website will be uninterrupted.
INDEMNITY
You agree to indemnify and hold harmless HMIL, its parent companies, subsidiaries, affiliates, officers, directors, agents, employees, co-branders or other partners, and suppliers, from any claim, demand, action, or damage, including reasonable attorney’s fees, made by any third party due to, arising out of or related to your use of the Website, your violation of the Terms & Conditions, any right of another, your connection to the Website.
INDEPENDENT CONTRACTORS
The user acknowledges that the usage of the Website by the user does not constitute a joint venture, partnership, employment or agency relationship between the user 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 of the user.
ARBITRATION
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.
LAWS AND JURISDICTION
The interpretation of these terms and conditions shall be construed in accordance with and governed by the laws of India without giving effect to conflict of laws provision. By using the Website, you consent that the Courts in Chennai alone will have exclusive jurisdiction in all disputes arising out of or relating the use of the Website.
GENERAL
HMIL reserves the right to modify or alter or change the contents of the Website, terms, conditions or remove any of the products, promotions, services offers etc. without prior notice and it is therefore strongly recommended to regularly check the Website or Sites or contact your nearest HMIL dealer before making any decisions.
CONTACTING US
The Website is only for information purposes and you could contact us via using the “Contact us” menu. But for all practical and legal purposes you are required to address your communication by certified mail to the below given address:
RL Hyundai Motor Varanasi
Location : Varanasi
Address – Kachahari, orderly bazar Link Rd, Varanasi, India, Uttar Pradesh
Telephone : +91 92198 11464
T&C of Online Booking
Terms and Conditions for online booking of Car with an authorized dealer of Hyundai Motor India Limited
1. “Customer” means any Individual / Firm / Proprietorship / Company etc. competent to enter into contract as per the Indian Contract Act, 1872 and interested in booking of Hyundai Car with a Dealership of Hyundai Motor India Limited (HMIL) through online/website of HMIL by making advance payment using a valid Credit Card/Debit Card/Mobile Banking (IMPS)/Net banking Account.
2. “Dealership” means any person or entity engaged by HMIL for sale and/or service of the Car(s) manufactured and marketed by HMIL.
3. “Car” means any models of Vehicles manufactured , imported, marketed or sold through HMIL’s Website for and on behalf of its Dealership or by HMIL to Customers.
4. The online booking system facility provided on HMIL Website (“Website”) will facilitate the Customer in faster booking of the Car only with the Dealership as mentioned in the Website, at their convenience.
5. A customer can book for more than 1 (one) Car and the booking process would be one car per booking.
6. The Customer needs to provide accurate information while making online booking and the information shall be in English language only.
7. The Customer shall obtain the customer copy of the Car order form duly stamped at the Dealership.
8. Post online booking, the Customer will get a Booking Reference ID (Customer ID) and with that the Customer shall contact the concern Dealership which he/she selected in making online booking, regarding availability of selected variant, balance payment, delivery details etc. Customer is requested to opt one colour choice for a particular variant only. In case of any subsequent change in either colour or variant preference, the old Booking Reference Number shall remain same.
Acceptance of Payment towards Booking
9. For booking online, the Customer is required to pay the specified Booking amount as displayed on the Website at the time of booking of Car selected by the Customer. The Payment of booking amount is to be made online by Credit Card/Debit Card or netbanking through NEFT/RTGS payable in favour of the Dealership.
10. Acceptance of online booking payment is taken on behalf of the Dealership by a Payment Gateway (hereinafter referred to as “Agency”).
11. HMIL is only a facilitator in the 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 action taken by the 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.
12. The online booking is available at https://www.bookonline.hyundai.co.in whereas payment gateway is powered by intermediary providing Payment gateway and merchant services.
13. The Payment made by the Customer for online booking of Car through payment gateway Agency is subject to the terms and conditions as provided by the payment gateway Agency. HMIL or its Dealership shall not be responsible for payment issues made in respect of online booking through the payment gateway Agency.
14. The transactions, booking amount and all other commercial terms such as balance payment, delivery of Car etc., shall be as per the bipartite contractual obligations agreed between the Customer and the concerned Dealership only and the payment gateway facility is arranged just to facilitate the completion of online booking transaction smooth and speedy. Use of the payment gateway facility shall not render HMIL / Dealership liable or responsible for the non-delivery, non-receipt, non-payment, damage, breach of representations and warranties, non-provision of after sales or warranty services or fraud as regards the products and /or services listed on HMIL’s Website.
15. The booking amount remitted by the Customer will be realised and transferred to the respective Dealership’s account, which the customer selected, on making online booking.
16. The Customer authorizes Gateway Payment Agency engaged by HMIL to collect, process, facilitate and remit payments and/or the transaction electronically in respect of transactions through Payment Gateway Facility. The Customer understands, accepts and agrees that the Payment Gateway facility provided by HMIL is neither a banking nor financial service but is merely a facilitator providing an electronic, automated online electronic payment, for the transactions on HMIL Website using the existing authorized banking infrastructure and Payment Gateway networks. By providing Payment Gateway facility, HMIL is neither acting as trustee nor acting in a fiduciary capacity with respect to the transaction or the online Booking amount.
17. The Processing fees for the online booking payment made by the Customer will be borne by the Dealership, only in case where the online booking is getting converted into a successful sale of delivery of Car to the Customer by the Dealership.
18. HMIL reserves the right to restrict the number of online booking which a Customer can make through his/her Credit/Debit/ Card / Bank Account/ or any other financial instrument and accordingly reserve its right to reject an online booking made by a Customer, without assigning any reasons.
19. HMIL reserves the right to reject without assigning any reason, an online booking made by a Customer having prior history of questionable charges including without limitation breach of 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.
20. HMIL may delay the notification of payment confirmation to Dealership, if HMIL deems suspicious or for Customers conducting high transaction volumes to ensure safety of the Transaction. In addition, HMIL may hold the transaction and may not inform Dealership or remit Booking amount to law enforcement officials (instead of refunding the same to Customer) at the request of law enforcement officials or in the event the Customer is engaged in any form of illegal activity.
21. The Customer acknowledges that HMIL will not be liable for any damages, interests or claims etc. resulting from not processing a Transaction or any delay in processing a Transaction which is beyond control of HMIL.
22. After online booking of Car and online payment transaction, the system will generate a transaction Reference Number, acknowledging the receipt of payment towards the booking of Car through online. The Customer shall use the Reference Number for all future communication with the Dealership and produce the copy of receipt showing the Reference Number as and when required by the Dealership. However, this Acknowledgement shall not be treated as acceptance of booking by dealership.
23. The Customer agrees that the Dealership shall not be deemed to have accepted the booking of the Customer or be bound by the booking until Dealership notifies the Customer of its acceptance of the booking.
24. The Booking amount paid by the Customer at the time of online booking will be adjusted against the sale price of the Car at the time of raising the Invoice by the Dealership. The Customer shall pay the balance amount to the Dealership to complete the successful transaction of purchase of the car. Thereupon, the Dealership shall deliver the Car as per the delivery commitment date given by the Dealership. Only after receipt of the full balance price of the Car and submission of requisite supporting documents, the booking will be binding. 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 in a booking confirmation or contract of sale and should the booking fail to be accepted for whatever reasons or could not be completed, there will be no financial implications to HMIL or the Dealership except as per the terms and conditions mentioned here.
25. If a Customer fails to pay the balance amount within the stipulated time as informed by the Dealer, the Car chosen by the Customer would be allocated to the next customer. Thereafter, depending on the date of receipt of balance amount from the Customer, the Customer’s Booking Reference Number would change and accordingly delivery of Car booked by the Customer would be postponed by the Dealership, depending on the availability of particular Car booked by the Customer.
26. The Vehicle Specification and price including, statutory levies (Import Duty, Excise Duty, Taxes and other levies) will be applicable as prevailing on the date of invoice issued by Dealership to the Customer.
Delivery of Hyundai Car
27. The Customer should contact the Dealership selected by him / her at the time of making the online booking for the purpose of taking delivery. The name on which Booking has been made cannot be changed and Dealership will have to raise a special request with HMIL to change Customer name against a Booking
28. 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. In case, there is a waiting period, the Customer will be informed of the expected date of delivery by the Dealership.
29. All the original documents will need to be produced at the time of taking delivery of Car for verification by the respective Dealership.
30. 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.
31. 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
32. The refund of booking amount would be made, subject to deduction of Rs.3,000/- per car/online booking (For Santro the cancellation charges are waived off till 22nd October 2018) as cancellation charges.
33. If any online booking amount and other amount paid by the Customer to the Dealership towards the price of the Car, Accessories or statutory requirement, then the Customer has to claim the said amount from the Dealership and no online transaction shall be made in this regard. No cash payments would be made by the Dealership to the Customers.
34. 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.
35. The Notice of cancellation should be sent to the Dealership together with the original customer copy of the Order Booking Form if any and the payment receipt. Once cancelled, Customer Order cannot be reinstated at the same Booking Reference Number.
General Terms
36. 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, not correct or incomplete or HMIL has reasonable grounds to suspect that such information is untrue, inaccurate, not correct or incomplete, HMIL shall have the right to indefinitely suspend or terminate or block access of the membership on the Website and refuse to provide the Customer with access to the Website.
37. HMIL may from time to time offer promotions/rewards/benefits for booking of Car(s) made through this online, for a limited period. The terms & conditions of such promotions/rewards/ benefits will be specified separately. HMIL may withdraw/change the terms & conditions of promotions/rewards/benefits for online booking at any time without prior notice
38. 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.
39. HMIL reserves the right to change or alter any terms and conditions or the process itself without prior notice and may withdraw the offer of online booking without prior notice.
40. HMIL or Dealership will not be responsible for delay, loss or non- receipt of online booking information or any other form of submission not contemplated herein.
41. The online Booking 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.
42. 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.
43. HMIL, their Directors, Employees, Dealers, Consultants, assume no liability whatsoever under any circumstances whatsoever for any direct or indirect loss or damage arising from a Customer booking a Car through the online/website of HMIL.
44. Customer is advised to quote the Booking Reference number and the date thereof for any enquiry regarding delivery position.
45. 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.
46. 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 in any manner whatsoever, except in cases where the selected dealership is the showroom owned by HMIL.
47. Customer hereby expressly consents HMIL to store/transfer the personal data (i.e. personally identifiable data) that voluntarily supplied herein 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.
48. 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.
49. 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 that is inconsistent with the Policy.
50. 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.
51. In case of any dispute 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 Car.
52. The terms and conditions of this Online booking shall be governed by the laws as applicable in India.
53. By accessing, browsing or otherwise using HMIL Website for booking Car, 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) as amended from time to time.