These terms and conditions applicable to the use of the Website (as defined below) ("Terms of Use"), together with the privacy policy applicable to the website, and available at sashyundai.com, and any other disclaimers and terms applicable to the use of the Website, govern your use of the Website and Services, and constitute an agreement between SAS Hyundai ("SAS Hyundai" / "We" / "Us" and variations of these terms). These Terms of Use apply to you and are binding upon you and SAS Hyundai and SAS Hyundai’s licensors, subsidiaries, associates, affiliates and partners through your use of sashyundai.com ("Website").
These Terms of Use may be amended / updated from time to time. Upon amending / updating the Terms of Use, we will accordingly amend the date above. We suggest that you regularly check these Terms of Use to apprise yourself of any updates. Your continued use of the Website will imply your unconditional acceptance of such updates to these Terms of Use. By visiting, accessing and/or availing any of the Services (as defined below) offered on the Website;
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 SAS Hyundai through online/website of SAS Hyundai by making advance payment using a valid Credit Card/Debit Card/Mobile Banking (IMPS)/Net banking Account.
2. "Car" means any models of Vehicles manufactured, imported, marketed or sold through SAS Hyundai Website for and on behalf of or by SAS Hyundai to Customers.
3. The online payment system facility provided on SAS Hyundai Website (“Website”) will facilitate the Customer in respect of Cars and other services with SAS Hyundai and its outlet as mentioned in the Website, at their convenience.
4. The Customer needs to provide accurate information while making online payment and the information shall be in English language only.
5. The Customer shall obtain the customer copy of the payment done duly stamped at the SAS Hyundai or its outlets.
6. Post online payment, the Customer will get a Customer ID and with that the Customer shall contact the concern SAS Hyundai or its outlets for online booking, regarding availability of selected variant, balance payment, delivery details etc.
Acceptance of Payment through Website
7. For payment purpose, the Customer is required to pay the specified amount as displayed on the Website at the time of payment selected by the Customer. The Payment of amount is to be made online by Credit Card/Debit Card or netbanking through NEFT/RTGS payable in favour of SAS Hyundai.
8. Acceptance of online payment is taken on behalf of the SAS Hyundai by a Payment Gateway (hereinafter referred to as "Agency").
9. SAS Hyundai is only a facilitator in the transaction and has suitably made the Website available for availing online payment facility and transfer of amount from Customer account to the SAS Hyundai. Hence, SAS Hyundai will not be responsible for any charges imposed and action taken by the Agency arising out of online 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, SAS Hyundai shall not be responsible for the same.
10. The online payment is available athttps://www.sashyundai.comwhereas payment gateway is powered by intermediary providing Payment gateway and merchant services.
11. The Payment made by the Customer in respect of Cars and other services through payment gateway Agency is subject to the terms and conditions as provided by the payment gateway Agency. SAS Hyundai shall not be responsible for payment issues made in respect of online booking through the payment gateway Agency.
12. The payment in respect of Cars and other services, shall be as per the bipartite contractual obligations agreed between the Customer and SAS Hyundai only and the payment gateway facility is arranged just to facilitate the completion of online payment smoothly and speedy. Use of the payment gateway facility shall not render SAS Hyundai 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 SAS Hyundai Website.
13. The Customer authorizes Payment Gateway Agency engaged by SAS Hyundai 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 SAS Hyundai is neither a banking nor financial service but is merely a facilitator providing an electronic, automated online electronic payment, for the transactions on SAS Hyundai Website using the existing authorized banking infrastructure and Payment Gateway networks. By providing Payment Gateway facility, SAS Hyundai is neither acting as trustee nor acting in a fiduciary capacity with respect to the transaction or the online payment.
14. SAS Hyundai reserves the right to reject without assigning any reason, an online payment made by a customer having prior history of questionable charges including without limitation breach of any agreements by Customer with SAS Hyundai or its outlet or breach/violation of any law or any charges imposed by Issuing Bank or breach of any policy.
15. The Customer acknowledges that SAS Hyundai 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 SAS Hyundai.
16. After online payment in respect of Car booking or any other service, the system will generate a transaction Reference Number, acknowledging the receipt of payment towards the payment done through online. The Customer shall use the Reference Number for all future communication with the SAS Hyundai and produce the copy of receipt showing the Reference Number as and when required by the SAS Hyundai. However, this Acknowledgement shall not be treated as acceptance of booking by dealership.
17. The Customer agrees that SAS Hyundai shall not be deemed to have accepted the booking of the Customer or be bound by the booking until SAS Hyundai or its outlet notifies the Customer of its acceptance of the booking.
18. The amount paid by the Customer at the time of online payment will be adjusted against the price of the Car and other services at the time of raising the Invoice by us. Only after receipt of the full payment in respect of Cars and other services and submission of requisite supporting documents, the booking will be binding. Until then, the online payment is merely a request on the part of the Customer and an indication of an intention to sell on the part of SAS Hyundai 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 SAS Hyundai or its outlet except as per the terms and conditions mentioned here.
General Terms
19. 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 SAS Hyundai has reasonable grounds to suspect that such information is untrue, inaccurate, not correct or incomplete, SAS Hyundai 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.
20. SAS Hyundai 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. SAS Hyundai may withdraw/change the terms & conditions of promotions/rewards/benefits for online booking at any time without prior notice.
21. SAS Hyundai 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 payment without prior notice.
22. SAS Hyundai or its outlet will not be responsible for delay, loss or non- receipt of online payment information or any other form of submission not contemplated herein.
23. The online payment is not compulsory, but only optional and voluntary for the interested customers.
24. SAS Hyundai or its outlet 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 payment or any other form of submission not contemplated herein or otherwise.
25. SAS Hyundai, 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 payment through the online/website of SAS Hyundai.
26. Customer hereby expressly consents SAS Hyundai to store/transfer the personal data (i.e. personally identifiable data) that voluntarily supplied herein and process and use it by SAS Hyundai 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. SAS Hyundai may disclose information if required to do so by any law enforcing agency.
27. 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 SAS Hyundai’s own legitimate business interests.
28. Although SAS Hyundai 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.
29. The Customer shall indemnify and hold harmless SAS Hyundai, 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.
30. 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 SAS Hyundai. The venue of Arbitration shall be at Lucknow. The Arbitration Proceedings shall be in accordance with the Arbitration and Conciliation Act, 1996 and its allied rules as amended from time to time.
31. The terms and conditions of this Online payment shall be governed by the laws as applicable in India.
32. By accessing, browsing or otherwise using SAS Hyundai Website for payment, 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 SAS Hyundai 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 SAS Hyundai Policies (including but not limited to Privacy Policy available on its Website) as amended from time to time.