1.1. In these terms and conditions, unless the context otherwise requires:
"Hyundai" means Hyundai Motors New Zealand Limited and any associated company and the officers and employees there of;"services" means any services Hyundai may supply through this website from time to time including the My Hyundai services, hosting of customer discussion forums and the online customer enquiry service;
"user" means any person viewing this website, any person registered as a user, including persons registered as a user of My Hyundai, or any person using a service provided through this website; "website" means www.hyundai.co.nz.
2. Acceptance of terms and conditions and alterations
2.1. Hyundai offers the use of this website on these terms and conditions. By using this website or registering as a user you agree to be bound by the current terms and conditions. If you do not wish to accept these terms and conditions, do not use this website or register as a user.
2.2. Hyundai may amend these terms and conditions from time to time. Amendments to these terms and conditions shall be effective from the date they are published on this website. Your continued use of this website shall be deemed to be acceptance of the amended terms and conditions.
2.3. By using this website or registering as a user you agree that this website is intended for viewing within New Zealand. If you use this website from other locations you are responsible for compliance with any and all applicable local laws.
3. Registering as a user
3.1. You may only register as a user of this website if you have the capacity to form a legally binding contract. By registering as a user you warrant that you have such capacity.
3.2. By registering as a user and supplying your personal information to Hyundai you warrant that your personal information is complete and accurate. You must maintain your personal information so as to ensure it remains complete and accurate at all times.
3.3. Hyundai may decline to register you as a user or Hyundai may decide to terminate your registration for any reason and without consultation with you.
3.4. It is your responsibility to keep your login information confidential and secure. You must not disclose your login information to any third party.
3.5. You must not register as a user under multiple names or identities.
4. Customer Enquiries
4.1. You agree that Hyundai may retain a record of enquiries you make through this website. Hyundai will make a copy of the enquiry available to you on request.
5. Intellectual Property Rights
5.1. All proprietary and intellectual property rights in this website are the property of Hyundai and its licensers or suppliers.
5.2. Unless Hyundai or its licensor or suppliers approves in writing, you are prohibited from reproducing, transmitting or distributing in whole or in part, or in any medium or form, any content contained within this website other than your own material.
5.3. Where any intellectual property rights are created by Hyundai for the purposes of providing services to you, the intellectual property rights shall be the property of Hyundai.
5.4. You agree that any communication or material you transmit to this website or Hyundai will not be treated as confidential or proprietary. Further, you agree that any ideas, concepts, techniques, procedures, methods, systems, designs, plans, charts, drawings, photographs, video or other materials you transmit to Hyundai may be used by Hyundai without restriction.
6. Exclusion of liability and warranties and representations
6.1. The Consumer Guarantees Act 1993, the Fair Trading Act 1986 and other statutes may imply warranties or conditions or impose obligations upon Hyundai which cannot by law (or which can only to a limited extent by law) be excluded or modified. In respect of any such implied warranties, conditions or terms imposed on Hyundai, Hyundai’s liability shall, where it is allowed, be excluded or if not able to be excluded only apply to the minimum extent required by the relevant statute.
6.2. Except as otherwise provided by clause 6.1, Hyundai shall not be liable for any loss or damage of any kind whatsoever arising from your use of this website and the provision of the services by Hyundai to you, including consequential loss whether suffered or incurred by you or another person and whether in contract or tort (including negligence) or otherwise and irrespective of whether such loss or damage arises directly or indirectly from your use of this website or the provision of the services to you.
6.3. Although the specifications, features, illustrations, equipment and other information contained in the site are based upon up-to-date information, and while Hyundai makes all reasonable efforts to ensure that all material on this website is correct, accuracy cannot be guaranteed and Hyundai makes no warranties or representations as to its accuracy.
6.4. Hyundai makes no representations that the materials contained within this website are appropriate for locations outside New Zealand. Any and all information contained on this website, including but not limited to information regarding automobiles and automobile services, applies only to those automobiles or automobile services provided or offered within New Zealand.
6.5. Although this website may be linked to other websites, Hyundai is not, directly or indirectly, implying any approval, association, sponsorship, endorsement, or affiliation with the linked website, unless specifically stated. By entering this website or registering as a user you agree that Hyundai has not reviewed all the websites linked to this website and is not responsible for the content of any off-site pages or any other website linked to this website. Your linking to any other off-site pages or other websites is at your own risk.
7. Offensive material
7.1. You must not post on this website, or transmit to this website, any pornographic, obscene, profane, defamatory, libelous, threatening, objectionable or unlawful material or other material which could constitute or encourage conduct that would be considered a criminal offense, give rise to civil liability, or otherwise violate any law or regulation or be objectionable or in bad taste.
7.2. Hyundai and all parties involved in creating, producing, or delivering this website, assume no responsibility or liability which may arise from the content of this website, including but not limited to claims for defamation, libel, slander, obscenity, pornography, profanity, or misrepresentation.
8.1. You indemnify Hyundai and its officers, agents, advisers and employees against any actions, proceedings, losses, damages, liabilities, claims, costs and expenses including fines, penalties, legal and other professional costs on a full indemnity basis that Hyundai or any of its officers, agents, advisers or employees incurs of suffers as a direct or indirect result of a breach of these terms and conditions by you or your use of this website and the services.
8.2. Without limiting the indemnity in clause 8.1, the indemnity in clause 8.1 extends to Hyundai’s liability to third parties arising out of your breach of these terms and conditions. The indemnity applies whether or not Hyundai has been negligent or is at fault and does not limit any further rights of Hyundai.
8.3. For the purpose of section 4 of the Contracts (Privity) Act 1982, the undertakings contained in clauses 8.1 and 8.2 are intended to create a benefit in favour of, and enforceable by, Hyundai’s officers, agents, advisers and employees.
9. Virus Protection
9.1. It is your responsibility to ensure that your computer has adequate and regularly updated virus protection and Hyundai shall have no liability arising from any infection of your computer howsoever caused.
9.2. Hyundai shall be entitled to reject any electronic communication that contains a virus or malicious code and shall have no liability arising from any such rejection.
10.1. All prices included in this website are in New Zealand dollars and are inclusive of GST. The recommended retail prices are recommended only and there is no obligation for Hyundai Motors New Zealand Ltd or the Hyundai New Zealand dealerships to comply with the recommendation. Prices shown do not include on-road costs, and are exclusive of fitments costs. Prices and specifications are subject to change without notice. Please contact your Hyundai dealer for a confirmed quote.
11.1. Hyundai reserves the right to make changes at any time, without notice or obligation, to any of the information contained on this website and the services, including but not limited to automobile colors, specifications, accessories, models, materials or other product or service features. By entering this website you agree that you shall be bound by any such revisions.
11.2. The manufacturer’s suggested retail prices listed on this website include GST, but excludes title, license and registration costs. Actual price may vary.
11.3. Any failure or delay by Hyundai to enforce any breach of these terms and conditions does not constitute a waiver by Hyundai of its rights and remedies under these terms and conditions.
11.4. If any provision of the terms and conditions becomes or is held to be invalid or is unenforceable for any reason it shall be severed from the remaining provisions which shall continue in full force and effect.
12. Buy now
12.1 By selecting the ‘buy now’ option a Hyundai representative reserves the right to contact you at any time, in regard to the choice of colours, specifications, accessories, and models, if your selection is unable to be provided. By agreeing to these terms and conditions, you agree that you shall be contacted to discuss any such revisions.
12.2 The ‘buy now’ option will allow a deposit to be taken by Hyundai Motors NZ Limited via an ANZ eGateTM secure payment page on behalf of the dealer.
12.3 The sale will not be completed until you make full payment in cleared funds, complete the necessary sale and offer documentation, and collect your vehicle from your nearest Hyundai dealer. Title and ownership of the goods does not change hands until full payment has been received.
12.4 Unless otherwise agreed, payment of the purchase price is due upon your receipt of the vehicle.
12.5 Risk in the vehicle shall pass to you at the time of the collection of the vehicle from the dealer premises.
12.6 Returns, refunds and cancellations – The Consumer Guarantees Act 1993, the Fair Trading Act 1986 and other statutes may imply warranties or conditions or impose obligations upon Hyundai which cannot by law (or which can only to a limited extent by law) be excluded or modified. In respect of any such implied warranties, conditions or terms imposed on Hyundai, Hyundai’s liability shall, where it is allowed, be excluded or if not able to be excluded only apply to the minimum extent required by the relevant statute.