Terms & Conditions
Hyundai Auto Link Terms and Conditions (Terms and Conditions). Effective as of 18th June 2019.
Welcome to Hyundai Auto Link. These Terms and Conditions is the agreement between you and Hyundai regarding our provision of the Hyundai Auto Link services to you, and your use of the Hyundai Auto Link application (“App”) and the Hyundai Auto Link services (“Agreement”).
If you use the App or if you activate, receive, use, accept or otherwise access the Hyundai Auto Link services, you accept and agree to be bound by these Terms and Conditions. You are entering into this Agreement on behalf of (i) yourself; and (ii) any driver or occupant (for example, additional drivers, passengers) of your Hyundai vehicle. You represent and warrant that you have obtained their consent and have authority to do so.
In this Agreement, the terms “we”, “us”, “our” and “Hyundai” shall be deemed to collectively refer to the following persons/entities, each of which are intended beneficiaries of this Agreement: (i) Komoco Motors Pte Ltd (UEN No.: 199609283R) and its affiliates, its parent company, Hyundai Motor Company (Korea); and (iii) any employees, directors, officers, subcontractors, representatives and agents of any of the above persons or entities.
This Agreement is a binding and enforceable agreement between you (including any additional driver or passengers) and Hyundai.
You can contact us at any time by e-mailing us at: queries@komoco.com.sg.
1. Service requirements and service providers.
To use this App and the Hyundai Auto Link services, your Hyundai vehicle (“Vehicle”) must come, or be fitted, with an authorised Hyundai Auto Link device (the “Hyundai Auto Link Device”), which is the equipment, including hardware, firmware and software, used to provide the Hyundai Auto Link services (the “Hyundai Auto Link Service”) to you in respect of your Vehicle. In order to use this App to receive the Hyundai Auto Link Service, you will need a compatible mobile device such as a smartphone with Bluetooth connectivity. You are responsible for any fees that you incur in connection with your use of this App (including when updating the hardware, firmware and software, both in your Vehicle and the App). Contact your telecommunications service provider for more information regarding data rates and fees. The proper operation of the Hyundai Auto Link Service may be affected by the settings (including settings relating to location services), configuration or features of your mobile device, and by the coverage or quality of the telecommunications services that you have purchased in conjunction with your mobile device. We are not responsible for any limitations, restrictions, features or effects of your mobile device or the relevant telecommunications services.
The Hyundai Auto Link Service is provided to you by Hyundai and its appointed service providers. Those service providers include any entity that provides any service, equipment, or facilities in connection with the Hyundai Auto Link Service or the Hyundai Auto Link Device, including, but not limited to, wireless service providers, underlying wireless carriers, suppliers, emergency responders, and are referred to as “Service Provider(s)”. Hyundai may interact with and/or engage one or more Service Providers as necessary to provide the Hyundai Auto Link Services.
2. Service activation, duration and cancellation.
A. Activation.
Your Hyundai Auto Link Service starts after you have accepted this Agreement and provided all of the necessary information required to start providing the Hyundai Auto Link Service or when you (or another user or occupant of your Vehicle) use the Hyundai Auto Link Service or accept any of its benefits.
B. Duration.
Your Hyundai Auto Link Service starts as set out above and unless and until it is cancelled by you or us as allowed in this Agreement.
C. Your cancellation rights.
You may cancel your Hyundai Auto Link Service at any time. To cancel your Hyundai Auto Link Service, you will need to e-mail us at queries@komoco.com.sg in order for us to arrange to remove the Auto Link Device from your vehicle. You should then also delete the App from your mobile device.
D. Our cancellation and suspension rights.
We may cancel your Hyundai Auto Link Service without cause, in which case we will give you notice 30 days prior to the effective date of cancellation, after which your Hyundai Auto Link Service will terminate. This means that we can decide to cease providing the Hyundai Auto Link Service to you at any time and for any reason, even for reasons unrelated to you. Additionally, we may cancel your Hyundai Auto Link Service without prior notice to you if we have received information that establishes you are no longer the owner/lessee of your Vehicle (unless you have informed us beforehand that (i) you intend to transfer the Hyundai Auto Link Device, and (ii) the intended transferee), if you breach any part of this Agreement, interfere with our efforts to provide the Hyundai Auto Link Service, interfere with our business, if use of the Hyundai Auto Link Service could cause loss or harm to any person, or if your Hyundai Auto Link Service or wireless phone number is used for illegal or improper purposes. We may suspend your Hyundai Auto Link Service for any reason instead of cancelling it, including if we suspect your Hyundai Auto Link Service is being used for any purpose that would allow us to cancel it.
3. Different users or drivers of the same Vehicle fitted with a Hyundai Auto Link Device.
Any number of drivers, users or occupants of the same Vehicle which has been fitted with a Hyundai Auto Link Device may utilise the Hyundai Auto Link Service provided that the App has been downloaded onto their mobile device and the mobile device has been paired to the Vehicle. However, only one mobile device can be paired to a Vehicle fitted with a Hyundai Auto Link Device at any one time. You are solely responsible for any use of Hyundai Auto Link Service in your Vehicle, even if you are not the one using it and even if you later claim the use was not authorised. You are responsible for notifying or informing other drivers, users or occupants who use your Vehicle and the Hyundai Auto Link Service, that you may view information pertaining to, and their use of, the Vehicle when you access the App.
4. Changes to this Agreement.
We can change this Agreement at any time, after giving 30 days’ notice to you (or such longer period as required by law). This includes changing any or all of this Agreement. If any such change materially affects your rights under this Agreement, or negatively impacts your Hyundai Auto Link Service in a material way, we will provide you with notice of such change in writing, which may include by electronic mail. We will notify you of any other changes by publishing a notice of the change or a revised version of these Terms and Conditions on the App and on the Hyundai website at hyundai.com.sg. If the changes we make to this Agreement or the Hyundai Auto Link Service are not acceptable to you, you may cancel your Hyundai Auto Link Service. If you do not cancel, your Hyundai Auto Link Service within 30 days of the date of the notice, then you will be agreeing to the change and it will automatically become a part of this Agreement.
5. Special notices.
A. Software, firmware, hardware and equipment updates.
The Hyundai Auto Link Service involves software and firmware (both in your Vehicle and in the App) that we may need to change from time to time. We may do this remotely without notifying you first. Such changes may affect or erase data you have stored on the Hyundai Auto Link Device in your Vehicle. We are not responsible for any lost data. You do not own the Hyundai Auto Link software, firmware or this App or acquire any rights to use or modify the Hyundai Auto Link software or firmware on your own.
6. Special information and agreements about certain services
A. Outside our control.
Hyundai is not responsible for any delay or failure in performance of the Hyundai Auto Link Service if such failure or delay could not have been prevented by reasonable precautions. Additionally, we are not responsible if such failure or delay is caused by natural events, or forces or causes beyond our reasonable control. Examples include public utility electrical failure, acts of war, government actions, terrorism, civil disturbances, labour shortages, or difficulties (regardless of cause), or equipment failures including internet, telecommunication or other equipment or technology failures.
B. General limitations.
Neither the Hyundai Auto Link Services nor the App are substitutes for seeking advice and services relating to your Vehicle from qualified service providers such as Hyundai’s service centres. Any information provided by or through the Hyundai Auto Link Services is subject to any specific information, recommendations or advice provided by Hyundai with your Vehicle. Additionally, we do not warrant that your use of the Hyundai Auto Link Services will achieve any particular result or effect, whether in respect of your Vehicle or otherwise.
C. Diagnostic information/maintenance alert.
Your Vehicle may only send diagnostic trouble codes to the Hyundai Auto Link Services in respect of issues that result in a dashboard warning light. In some instances, multiple codes may be generated for the same occurrence. The current diagnostic status of your Vehicle presented online and in any other vehicle report that you receive may be delayed. You should visit a qualified repair facility for a complete and current diagnostic status of your Vehicle. You authorise us to enable the Hyundai Auto Link Service to maintain and send diagnostic information about your Vehicle to Hyundai’s service centres. You acknowledge and agree that you (or the Vehicle owner) are responsible for maintaining the Vehicle in accordance with the schedule published in the owner’s manual for the Vehicle.
D. Default notifications
We may set default feature notification preferences at the start of your Hyundai Auto Link Service. The email address you provide during enrolment to the Auto Link Account will be used to provide you with relevant automated feature notifications. You may modify these notification preferences whether through the App.
E. Location sharing for the Roadside Assistance Service
You understand that when you request roadside assistance using the App, your Vehicle’s location information will be sent to the roadside assistance provider via the App or in-vehicle and you consent to the delivery of such location information.
F. Mobile and wearable apps
We hereby grant you a non-exclusive, non-transferable licence to download, install and use the App to access the Hyundai Auto Link Services on your mobile or wearable device for your own personal, non-commercial use in accordance with this Agreement. Except to the extent permitted by the settings options in the App or by non-excludable laws, you may not modify or reverse engineer the App or the content displayed in the App and must keep intact all copyright, trade mark, and other proprietary notices.
The intellectual property rights in respect of the App and its contents, including any trade marks, are the property of, or licensed by, Hyundai and are subject to copyright and other intellectual property protection. Hyundai does not grant any rights or licences except as expressly stated in this Agreement. You must not use the App or any content you receive through the Hyundai Auto Link Service except as expressly permitted by this Agreement.
Local laws may, now or in the future, limit the use of certain features in the App or the services that may be provided through Hyundai Auto Link Service. It is your responsibility to be aware of local regulations that would result in restrictions on your use of the App or the Hyundai Auto Link Service and to use them in accordance with applicable laws. Hyundai and its Service Providers expressly deny any liability for any violation of local law created by your use of the App or the Hyundai Auto Link Service.
7. Your responsibilities
A. Working system/registration.
The Hyundai Auto Link Device may be active before you buy or lease your Vehicle or begin using the Hyundai Auto Link Services. We may provide you with the Hyundai Auto Link Service unless you tell us that you want to cancel your Hyundai Auto Link Service.
B. Proper use of the services.
You are responsible for ensuring safety and compliance with all regulations, ordinances and other laws applicable to your Vehicle. You must not use your mobile device or the App while driving.
You promise to not use the Hyundai Auto Link Service for any fraudulent, unlawful, or abusive purpose, or in any way that could cause harm or loss to any person or in any way that is not described in materials provided by us to you or that interferes with our provision of services to you or to our other customers. You are solely responsible for any use of Hyundai Auto Link Service in your Vehicle, even if you are not the one using it, and even if you later claim the use was not authorised. You are responsible for notifying or informing other users or drivers, who use your Vehicle and the Hyundai Auto Link Service, that you may view information pertaining to, and their use of, the Vehicle.
C. Safeguarding and use of others’ information.
Certain information you receive through your Hyundai Auto Link Service belongs to us or third parties who provide it through us. You agree you will not copy, store, reproduce, distribute, modify, display, publish, perform, transmit, broadcast, or create derivative works from any of it. Certain Service Providers impose further terms and conditions on providing services (for example, roadside assistance providers). By using the Hyundai Auto Link Service, you also agree to be bound by those additional terms and conditions.
8. Privacy
A. Information collected and used by us.
In providing the Hyundai Auto Link Service to you we may collect and retain an electronic or other record of certain information about you and/or other drivers or occupants of your Vehicle including: your contact information (name, address, telephone number, email address), your Vehicle’s description (including vehicle identification number, make, model, year, date of purchase, registration number), location, speed, direction of travel, time of travel, service data, eco-related driving performance data such as speed, braking cornering and acceleration information, mechanical condition or incidents involving your Vehicle, battery-related information (state of health, state of charge, battery power consumption, regenerative braking performance, start and end time of battery charge, charge location, charge mode), your search content, usage information relating to the App, information about anyone making a Hyundai Auto Link connected call from your Vehicle. Additional data fields may be created and/or collected as part of the Hyundai Auto Link Service in the future. You agree that we may record or monitor your Vehicle’s location or other information when (1) the Hyundai Auto Link Service is active in your Vehicle, (2) as permitted by applicable laws, rules and regulations, or (3) when your Vehicle’s data is aggregated for general analysis and quality improvement purposes.
We use and disclose the information we collect about you or other drivers of your Vehicle in accordance with our Privacy Policy (which can be read online at hyundai.com.sg/privacy) to, among other things, deliver the Hyundai Auto Link Service to you, improve occupant and vehicle safety, analysis and research purposes, improve your Hyundai Auto Link Service experience and enhance your overall ownership experience. You consent to us collecting, using and disclosing your personal information as described in our Privacy Policy. If you use the Hyundai Auto Link Service or the App, we may disclose the information to roadside assistance and technology service providers in connection with the operation of the Hyundai Auto Link Device. If your Vehicle is provided by your employer as part of a corporate or government fleet policy, we may also disclose certain information to your employer, including the location of your Vehicle from time to time.
We share the information we collect with Service Providers for purposes of providing the Hyundai Auto Link Service. We may also share information as necessary with third parties for analysis and research purposes. We may also disclose information to individuals designated by you to be contacted in an emergency. When required, you agree we may release information, including location data, to comply with the law, in legal proceedings, in cooperation with law enforcement agencies, and to enforce the terms of this Agreement. Any data which we collect or which you provide to us which is not identifiable to you, including functionality use, statistics, performance data, quality metrics, will be owned by us.
You also understand and consent that we may transfer your personal data to Hyundai Motor Company (Korea) for the purposes set out above and in our Privacy Policy. We have taken the appropriate steps to ensure that there are legally enforceable obligations imposed on Hyundai Motor Company (Korea) as set out under the Personal Information Protection Act (and other relevant legislation) to provide to the personal data transferred, a standard of protection that is comparable to that under the PDPA.
Under a global partnership between Grab Rentals Pte Ltd (UEN: 201617200G) and Hyundai Motor Company (Korea), all cars purchased by Grab Rentals Pte Ltd from Hyundai Motor Company (Korea), including Komoco Motors Pte Ltd (UEN: 199609283R), will be outfitted with the Hyundai Auto Link Device. If you are a driver leasing a relevant car from Grab covered under this global partnership, you understand and consent that we may also share information with Grab for the purposes as stated above and in our Privacy Policy.
B. Retention, access to and amending your information.
These are done in accordance with our Privacy Policy, and you can get more information on the same at hyundai.com.sg/privacy).
9. No warranties.
The Hyundai Auto Link Device is covered by your Vehicle’s 5 year unlimited kilometre warranty in accordance with the terms, and as published in, the owner’s manual for the Vehicle. Your Vehicle’s unlimited kilometre warranty does not cover the Hyundai Auto Link Service, which is provided to you on an “as-is” and “where-is” basis. In addition, we cannot promise uninterrupted or problem-free service, and cannot promise that the data or information provided to you will be complete, current or error-free. All data and information is provided to you through the App on an “as-is” basis.
To the maximum extent permitted by law, we expressly disclaim any and all conditions, warranties of any kind, express or implied, and other terms that might otherwise be implied by law into these Terms and Conditions, about the Hyundai Auto Link Service and any data and information and services provided through it, including, without limitation, any warranties as to content, quality, accuracy, timeliness, completeness, correctness, reliability, non-infringement, merchantability, or fitness for a particular purpose, and all such warranties are expressly excluded by this Agreement. Where a warranty cannot be excluded by law, if we breach such a warranty in respect of the delivery of any service under this Agreement, we reserve the right (to the extent permitted by law) to remedy the breach by providing the service again or paying for it to be provided again.
10. Limitations of liability.
A. Errors
You agree that we are not liable for any errors, defects, problems, or mistakes in data or information transmitted through the Hyundai Auto Link Device and/or the App. We will not be liable for any losses arising from your use / reliance on such data or information in any circumstances, and you further agree that we are not responsible in any circumstances for any of your indirect, consequential, incidental losses or special damages.
B. Indemnity
You agree to indemnify and keep us, our affiliates, officers, directors, representatives, employees and agents indemnified from and against any liability, loss, claim, action, proceeding, dispute, demand, damage, cost and expense (including but not limited to interest, service charges and legal fees and expenses on a full indemnity basis) which arises out of or is caused by your breach of these Terms and Conditions.
11. GENERAL LEGAL INFORMATION.
A. Resolving disputes.
These Terms and Conditions shall be governed by and construed in accordance with the laws of Singapore. Any dispute, difference, controversy or claim between the parties arising out of or relating to this agreement or the existence, breach, termination or validity thereof (“Dispute”) shall be resolved or settled through good faith negotiations. If the parties are unable to resolve the Dispute through negotiation, then the Dispute shall be referred to and finally settled by arbitration in Singapore in accordance with the Arbitration Rules of the Singapore International Arbitration Centre for the time being in force. The Tribunal shall consist of three (3) arbitrators. All arbitration proceedings shall be in the English language. The decision of the Tribunal shall be final and binding on all the parties.
B. Notices.
Any written notice from us required by this Agreement will be considered given when we send it by email to any email address you’ve provided to us.
C. Assignment.
We can assign this Agreement or your obligations to pay under it in whole or in part to anyone we choose. You cannot assign this Agreement or your obligations to anyone else without our prior written consent and any attempted assignment in violation of this provision shall be void.
D. Entire agreement.
This Agreement (which includes, these Terms and Conditions and any other Hyundai documents incorporated into it by reference) is the entire agreement between you and us relating to the Hyundai Auto Link Service and the App. It supersedes all other agreements or representations, oral or written, between us, past or present. In the event of a conflict between any provision contained in these Terms and Conditions and any provision of any other Hyundai Auto Link document incorporated herein, the provision contained in these Terms and Conditions shall take precedence, and no additional or different terms shall be binding on either of us unless mutually agreed to in writing. This Agreement will not be presumptively construed for or against either party. Headings contained herein are for convenience only.
E. Rights of Third Parties.
A person who is not a party to this Agreement has no right under the Contracts (Rights of Third Parties) Act (Chapter 53B) of Singapore to enforce any term of these Terms and Conditions.
F. Severance.
If any provision of these Terms and Conditions (or part of a provision) is found by any court or administrative body of competent jurisdiction to be invalid, unenforceable or illegal, the other provisions shall remain in force.