1. DEFINITIONS

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In these Terms and Conditions, the terms

i) “Customer”, “You” or “Your” means any Individual / Firm / Proprietorship / Company etc. competent to enter into contract within the meaning of Indian Contract Act, 1872 and, using “Click to Buy” (CTB)”, interested to get tentative price assessment for sale of a used Car to a Dealership of Hyundai Motor India Limited (HMIL).

ii) “Car / Used Car” means any models of used Car legally owned and registered on the name of the Customer free from all kind of disputes, litigations, claims, challans, penalties, encumbrances, attachments, hypothecation etc.

iii) “Dealership” means an entity authorized by HMIL, on principle to principle basis, for sale and purchase of used Cars.

iv) “Financier(s)” means, a Bank or Financial Institution who has financed and / or in whose favor car is hypothecated.

v) ‘‘Online Price Assessment / Price Assessment’’ means the online assessment process for the tentative price of the used car based on the information provided by the Customer and is subject to physical inspection of the car as per terms agreed here in

vi) “Website / Online” means the www.sansaihyundai.com

2. CUSTOMER REGISTRATION PROCESS

i) For new Customers opting to register on the Website, they can, either use their existing user ID and password registered with Facebook/ Google or follow the registration process specified in the Website for log-in. The Customer is responsible for the security of the user ID, password and for all transactions undertaken using the same. The Social Network Media services will authenticate your identity and provide you the option to share certain personal information with us such as your sign-in information, name and email address to link between the sites. The Customers who have already registered on www.sansaihyundai.com (or) Hyundai Care mobile application, shall continue to use the same user ID & password to log-in for online price assessment through the Website.

ii) You shall not use any other person’s user ID and password for any purpose whatsoever without proper authorization from such person. You shall not share your user ID and password associated with the Website with any other person. HMIL will not be responsible for any financial loss or any other loss or inconvenience resulting from misuse of your user ID / password / account details.

3. ONLINE PRICE ASSESSMENT

i) Customer shall provide true, accurate, current, and complete information regarding Car, its documents and KYC documents during online price assessment. The information shall be in English language only as and when prompted by the Website.

ii) The price Assessment conducted online shall be valid only for that instant.

iii) The final price confirmation of the car shall be subject to the physical inspection of interior & exterior of the car, validation of the documents, vehicle history, mileage covered and other findings by the Dealership. The dealership offer price shall be valid for 3 days from date of physical inspection.

iv) Post completing the Price assessment process, the Customer will get a ‘Reference ID (Customer ID)’ to refer in all future communications with the Dealership. The reference ID or any acknowledgement shall not be treated as acceptance of car for sale or promise to pay any minimum amount by HMIL or the Dealership.

4. CAR HANDING OVER PROCESS

i) The Car shall be handed over to the Dealership within 3 days from the date of final price confirmation failing which the final price confirmation shall be treated as withdrawn by the Dealer.

ii) Once the car is handed over by the Customer to the Dealer, the same shall not be claimed back by the Customer under any circumstances.

iii) The registration certification, insurance, etc. shall be transferred from the Customer name only when the Car is sold to the prospective Customer. The Customer shall provide all required documents and undertakes to complete all related formalities including appearance before the concerned authorities, if required, for name transfer.

iv) The Dealer may, without assigning any reason, withdraw the final price confirmation at any time before accepting possession of the Car.

5. PAYMENT

i) The Price Assessment shown on the Website will only be indicative. The applicable taxes and levies, if any, shall be charged as applicable on the date of handing over of the car to the Dealer.

ii) The final price shall be mutually decided between the Customer and the Dealership without any liability of HMIL.

iii) The car sale terms between the Dealership & Customer shall be executed separately on conclusion of sale. In case of any contradiction between the car sale terms and terms & conditions for online price assessment, the terms agreed for online price assessment shall be prevailed to the extent of such contradiction.

6.GENERAL TERMS

i) The Customer acknowledges that all the transactions shall be between the Dealership and Customer on mutual consent basis against which HMIL shall not be responsible in any manner.

ii) Appointment and availability of preferable time slots for inspection of the Car and documents shall be subject to time availability at the Dealership.

iii) HMIL shall not be responsible for any delay, loss or non-receipt of amount from the Dealership.

iv) HMIL, its directors, employees and other personnel assume no liability whatsoever under any circumstances for car sale by the Customer or any direct or indirect loss or damage to the Customer arising from any related transactions.

v) These terms and conditions are subject to the “force majeure” conditions. The term “force majeure” means any circumstances which are unusual, unforeseeable and are beyond the control of HMIL or its Dealerships.

vi) You are prohibited from posting or transmitting to or through this Website: (i) any unlawful, threatening, libellous, defamatory, obscene, pornographic, indecent, harmful, abusive, inflammatory or other material or content that is otherwise objectionable or is likely to violate rights of public and/or privacy or is likely to violate any law.

vii) Customer agrees to indemnify and hold harmless HMIL, its affiliates, subsidiaries, Dealerships 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 these terms and conditions by the Customer.

viii) It is agreed between HMIL and the Customer that all the disputes pertain to any transaction governed by the terms and conditions of this booking form including enforcement, interpretation or application of these terms and conditions shall be subject to arbitration. HMIL and the Customer agree to refer all the disputes, if any, to the sole arbitrator appointed by the mutual consent of the parties. The arbitration proceedings shall be in accordance with the Arbitration and Conciliation Act, 1996 and its applicable rules as amended from time to time. The seat and the venue of the arbitration proceedings and exclusive jurisdiction of the courts shall be Delhi.

ix) Subject to the Arbitration clause, the Courts at Delhi shall have exclusive jurisdiction to adjudicate upon any issue pertain to these terms.

x) By accessing, browsing or otherwise using the Website, it is deemed that the Customer has read, understood and expressly accepts and agrees to be bound by Terms of Use and Privacy Policy that govern the Website or other websites of HMIL, as may be amended from time to time. Non-acceptance of any of these terms and conditions will result in termination of your access to the Website.

xi) 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 or its affiliates I associates/ Dealers/ Agencies / Representatives to contact the Customer through outbound call by Telephone / Mobile Numbers or send SMS / WhatsApp 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.

TERMS & CONDITIONS
Best Resale Value of Your Car

• Resale price claims are based on internal evaluations and market trends, subject to vehicle condition, respective dealer assessment, demand, and terms and conditions relating to resale value; actual prices may vary.

Exchange Benefits

• Exchange benefits may vary on the basis of car model and its availability. Offer applicable for limited period only

• Additional Rs. 5,000 Scrappage Bonus applicable on models with exchange benefit on submission of COD [ Certificate of Deposit ]

Local Parts

• Local parts refer to spare parts that are not recommended by OEM.