Terms & Conditions
Effective Date: 10/01/2014
PLEASE READ THESE TERMS AND CONDITIONS OF USE CAREFULLY. BY ACCESSING THIS WEBSITE, YOU AGREE TO BE BOUND BY THE TERMS AND CONDITIONS BELOW AT ALL TIMES. IF YOU DO NOT AGREE TO THESE TERMS AND CONDITIONS, PLEASE DO NOT ACCESS OR USE THIS WEBSITE OR ANY OF ITS PAGES.
Defined Terms. As used herein: (1) the terms “you,” “your” or “user” refer to any visitor to this website, (2) the terms “Hyundai Motor Finance”, “HMF” “we,” “our,” or “us” refers to Hyundai Capital Canada Inc. (“HCCI”), and its wholly subsidiary Hyundai Capital Lease Inc., (“HCLI”), both doing business as Hyundai Motor Finance, (3) the terms “this website” or “this site” refer to this website, including the mobile version of this website, and any other pages that are part of this website, and (4) the term “Terms and Conditions of Use” refer to the terms and conditions set forth or referenced below.
Acceptance of Terms and Conditions of Use. You may access this website, including the mobile version of this site, and use the features and services offered only if you accept and agree to these Terms and Conditions of Use (this “Agreement”). Your acceptance will constitute an acknowledgement that you have read, understood and agree to abide by and comply with these Terms and Conditions of Use, as they may be amended from time to time. You further agree to be governed by any additional terms and conditions that may apply to you arising out of your accessing, browsing and/or using this site, whether contained on this site or in a separate agreement with HMF. In the event of any conflict between these Terms and Conditions of Use and such additional terms and conditions, such additional terms and conditions shall govern to the extent of the conflict. You will not be allowed to access any account information or use any features or services through secure areas of this website unless you review and accept these terms and conditions by clicking on the "ACCEPT" button when you register for access to the secure areas of this site.
Account Access. To access your account information through secure areas of this website, you must register and login to the secure areas by entering your unique user name and password. You are solely responsible for maintaining the confidentiality of your account password, and for all activities that occur under your account. HMF may rely on the fact that any person(s) using your unique user name and password to access or use secure areas of this website is authorized by you to do so. If you believe that there has been an unauthorized use of your password or account, you must immediately notify our Customer Service Department at (800) 205-0540 We will not be responsible for any loss or damage arising from your failure to keep you may suffer as a result of someone using your password or account, whether with or without your permission or knowledge.
Access Using a Mobile Device. In order to access and use this website via a mobile device, you must have a mobile device with internet access. The mobile version of this website will not be optimized or supported on all mobile devices. Your account information will not be available on a mobile device unless an online profile has been created on the desktop website at www.hyundaifinancing.ca. You must have both a username and password to login to your account from a mobile device.
We do not charge you to access and use this website via a mobile device; however, your wireless carrier may charge you for using your mobile device to access and use this website. Please check with your wireless carrier regarding any airtime, data usage, roaming, text messaging and other charges that may apply when using your mobile device. You are responsible for all such charges.
You acknowledge and agree that the mobile version of this site may experience delays, interruptions, or disruptions for an indeterminate amount of time due to circumstances beyond our reasonable control including, without limitation, any inaccuracy, interruption, or delay in transmission by the wireless carrier used to access the internet, or any interruption, disruption or failure caused by equipment malfunctions or damage. We disclaim any and all liability for such delays, interruptions or disruptions.
Cancellation of Access to Secure Areas of Site. You may terminate your access to and use of the secure areas of this website, including accessing your account, at any time by calling Customer Service at telephone number (800) 205-0540. Cancellation of your on-line account may require up to 72 hours from request to complete.
Use Obligations. In consideration of your use of any services provided on this site, you agree to: (a) provide true, accurate, current and complete information about yourself where prompted by the secure portion of this site, and (b) maintain and promptly update your information to keep it true, accurate and complete. If you do provide any information that is untrue, inaccurate, not current or incomplete, or we have reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, we have the right to suspend or terminate any services we provide to you and refuse any and all current or future use of our services, or any portion thereof.
Unauthorized Access or Use. Unauthorized use of HMF’s site and systems, including, but not limited to, unauthorized entry into HMF’s systems, misappropriation or misuse of passwords, misuse of any information posted on this website, or access to customer account information without the customer’s authorization is strictly prohibited. You may not use this website in any manner that could disrupt, damage, disable, overburden, or impair this site or services or interfere with any other party’s use and enjoyment of any HMF site or services. In addition, you may not engage in any activities in relation to this website that are contrary to applicable law, regulation or the terms of any agreement(s) between you and HMF. UNAUTHORIZED INDIVIDUALS ACCESSING OR ATTEMPTING TO ACCESS INFORMATION IN SECURE AREAS OF THIS WEBSITE MAY BE SUBJECT TO PROSECUTION. Should you receive or be exposed to information which you are not authorized to view, you agree to promptly notify the HMF Customer Service department at telephone number (800) 205-0540 and destroy any and all copies (electronic or otherwise) of the unauthorized information.
Violations of Terms and Conditions of Use. HMF reserves the right, in our sole discretion, to seek any and all remedies available at law and in equity for misuse of this website and violations of these Terms and Conditions of Use, including the right to revoke the access of any user at any time and to block access from a particular internet address to this website.
Changes to this Agreement. We reserve the right to, at any time, modify this Agreement. We will take reasonable steps to notify you of any material changes by posting a copy of the modified Agreement on this website. Modifications will not apply retroactively and generally will become effective immediately. We encourage you to review these Terms and Conditions of Use whenever you visit the HMF website to make sure that you understand the terms and conditions applicable to your access and use of this website. During each visit to this site, you will be deemed to be apprised of and bound by the terms and conditions then in effect and posted on this site. We will alert you that changes or revisions have been made by indicating on the top of these Terms and Conditions of Use the date they were last revised. Your use of this site after we make modifications constitutes your acknowledgement and acceptance of the modifications. If at any time you do not agree to these Terms and Conditions of Use (including any referenced policies or guidelines), you must immediately stop using this site.
Changes to this Site and/or Services. We reserve the right, in our sole discretion, and without prior notice to you, to restrict, suspend, terminate, modify or discontinue, at any time, this site and/or any services available through this site, the services and/or your access to any part of this site, including the discontinuance of any functionality or feature of this site, without any liability to you for doing so.
Canadian Content. The products and services described on this site contain Canadian specifications and equipment and are available only to Canadian residents in Canada and only where permitted by law. All advertising is intended solely for the Canadian market. The pricing and other financial information on this site is in Canadian dollars, unless stated otherwise. All products, services, programs, pricing and other information provided on this site are provided for information purposes only. Not all products and/or services are available in every region of Canada. Pricing and other financial information may be changed at any time without notice to you. The promotional sales programs, employment opportunities and services described on this site are only available in those provinces and territories of Canada that are specifically identified in the description of the promotional sales programs, employment opportunities and services. See your local Hyundai dealer for availability and applicability.
Hyundai Dealers. The sale of any Hyundai vehicle, product or service is effected through an independent authorized Hyundai dealer (“Dealer”) and is subject to, and governed exclusively by, the legal terms and conditions of the applicable sale, lease or retail installment contract entered into between you and the Dealer. All financial services and promotional sales programs on this site are only available through Dealers, and in the case of regional sales programs which may not be described on this site, through the Dealers in the region. The Dealer you select from this site reserves the right to determine whether you qualify for credit or any promotional sales program or pricing. The Dealers are under no obligation to sell any vehicle, product or service at the prices posted on this site, and we are not responsible for the prices set by any Dealer. We are permitted to change any vehicle specifications, vehicle pricing, promotional sales programs, employment opportunities, and other information available on this Site at any time without notice to you.
Disclaimers. The information on this website is for informational purposes only and does not in any way constitute advice or an offer to buy or sell any vehicle. HMF undertakes reasonable measures to ensure that the information on this website is accurate; however, we do not warrant or guarantee the accuracy, completeness or timeliness of such information. You rely on the information contained on this website at your own risk. It is your responsibility to contact us to verify the accuracy and timeliness of any information on this site, and to obtain independent advice, before relying on it.
HMF is not a direct lender or seller of motor vehicles. Nothing on this website shall be deemed as an offer of a direct loan or lease, an offer to buy or sell Hyundai vehicles or to enter into any transaction or relationship with you. The financing and lease programs described in this website are available to qualified applicants only through participating Hyundai Dealers and are subject to HMF’s usual credit criteria. All programs are subject to change or end at any time. The price and final terms of any vehicle purchase or lease are set by you and your Hyundai Dealer. All Hyundai Dealers are independently owned and operated.
You should not use or rely on any of the information on this site, including without limitation any calculations of prices, taxes, finance rates and valuations, as a substitute for the information that is available to you from a Dealer. In the event that any information on this site is inconsistent with, or conflicts with, information supplied to you by a Dealer, the Dealer’s information takes precedence and supersedes the information on this site.
No Legal Relationship. Your use of this site is not intended and shall not be deemed to create a legal relationship of any kind between you and HMF, or amend or vary any existing relationship.
Future Products and/or Services. From time to time, we may identify proposed future products or services on this site that are not currently available through a Dealer. This information is provided for informational purposes only. HMF and any Dealers are under no obligation to provide or otherwise deliver these products or services to you.
Account balances, payments and other amounts due or paid appearing on the secure portions of this website assume that all payments posted to your account were made with good funds, were valid and were not applied to your account in error. Account balances may not include amounts you may owe for expenses incurred but not yet billed to your account or payments made within 72 hours. If you have any questions in regards to your account and/or account balances, contact Customer Service at (800) 205-0540.
No Product Warranties. HMF does not make any representations, warranties or conditions of any kind, express or implied, as to any vehicle, product or service, including but not limited to, the merchantable quality or fitness for a particular purpose of any vehicle, product or service. We expressly disclaim any other implied warranties imposed by law. If you choose to purchase a Hyundai vehicle from a Dealer, your purchase shall be governed solely and exclusively by an agreement entered into between you and the Dealer, and under no circumstances shall HMF have any liability with respect to your purchase.
Security. This site is secured using (Entrust SSL certificates) which applies security sockets layer software encryption technology to all information submitted to us through this site. We do not make any representations, warranties or conditions of any kind, express or implied, as to the security of any kind you may provide to us in the course of using this site or accessing your account.
General. This website, any hyper-linked website, and the content, features, services and any functionality contained on this site are provided on an “as is” and “as available” basis, without any representation, warranty or condition, express, implied or statutory. Without limiting the foregoing, and to the maximum extent permissible by law, we specifically disclaim any implied warranties of title, merchantability, fitness for a particular purpose and of non-infringement of third party rights, and any warranties arising out of course of dealing or usage or trade.
HMF, its agents and affiliates make no representations that any automated system will operate without interruption or that it will be error free, that defects on the site will be corrected, or that this site or the server that makes it available are free of viruses or other malicious firmware. We are not liable to you for damage to your computer or computer system which results from your accessing, browsing or using this site. We do not represent or warrant that the information on this site is accurate, complete or current. All risks associated with your use of this site, including but not limited to, the risks associated with the quality and performance of this site and with the accuracy, comprehensiveness and timeliness of the content is assumed solely by you.
Limitation of Liability. HMF, ITS AGENTS AND AFFILIATES ARE NOT LIABLE UNDER ANY CIRCUMSTANCES FOR ANY DAMAGE, LOSS, INJURY OR LIABLITY ARISING DIRECTLY OR INDIRECTLY OUT OF OR IN CONNECTION WITH THIS WEBSITE, INCLUDING, BUT NOT LIMITED TO, YOUR USE OR ACCESS OF THIS WEBSITE OR ANY THIRD-PARTY WEBSITE LINKED TO THIS WEBSITE, THE DELIVERY OF SERVICES THROUGH THIS WEBSITE, THE CONTENT OF THIS WEBSITE, UNAUTHORIZED USE OF THIS WEBSITE, INTERRUPTION OR DISCONTINUANCE OF THIS WEBSITE OR ANY FEATURE OR SERVICE, COMPUTER VIRUSES OR OTHER HARMFUL CODE, SYSTEM FAILURE, COPYING OR DISPLAY OF INFORMATION OR INABILITY TO COPY OR DISPLAY INFORMATION, OR ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DEFECT AND/OR DELAY IN OPERATION, TRANSMISSION OR PROCESSING.
WITHOUT LIMITING THE FOREGOING, AND TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT SHALL HMF, ITS AGENTS AND AFFILIATES, AND EACH OF THEIR RESPECTIVE DIRECTORS, OFFICERS, AGENTS, EMPLOYEES, REPRESENTATIVES, LICENSORS, DEALERS, AND THOSE FOR WHOM HMF ARE IN LAW RESPONSIBLE, BE LIABLE FOR ANY SPECIAL, INDIRECT, INCIDENTAL, PUNITIVE, CONSEQUENTIAL OR EXEMPLARY DAMAGES OF ANY KIND WHATSOEVER, INCLUDING, BUT NOT LIMITED TO, LOSS OF USE, DATA, REVENUE OR PROFITS, FAILURE TO REALIZE EXPECTED SAVINGS, INTERRUPTION OF ACTIVITIES, LOSS OF REPUTATION OR GOODWILL, OR ANY OTHER PECUNIARY OR ECONOMIC LOSS ARISING DIRECTLY OR INDIRECTLY OUT OF OR IN CONNECTION WITH THIS SITE, WHETHER OR NOT HMF WAS ADVISED OF OR WAS AWARE OF OR COULD REASONABLY FORESEE THE POSSIBILITY OF SUCH DAMAGES.
Reasonableness. By using this website, you agree that the exclusions and limitations of liability set out herein are reasonable. If you do not agree they are reasonable, you must not use this website.
Indemnification. You agree to indemnify, defend and hold us and our employees, agents, contractors, directors, officers and any affiliates harmless from any and all claims, demands, actions, liabilities, losses, damages, costs and expenses (including, without limits, reasonable legal fees and costs) caused directly or indirectly by or arising directly or indirectly in connection with: (a) any use or alleged use of this site under your password, whether by you or any other person, whether or not authorized by you, (b) your breach of these Terms and Conditions of Use, (c) your violation of any law or regulation or the rights of a third party arising from your use of this site. HMF reserves the right to assume, at their own expense, the exclusive control and defense of any claims, demands, and actions arising in connection with this indemnity and you agree to cooperate with our defense of these claims, demands and actions.
Links to Other Websites. This website may contain hypertext links to other independent websites. We do not assume responsibility for the accuracy, completeness, suitability or authenticity of the information presented on any website accessed via such a link. A link to another entity's website does not create or imply any affiliation with the site or its owner or operator, nor our endorsement or sponsorship of, or responsibility for, the content, products or services offered at such sites. We expressly disclaim any such affiliation, sponsorship, endorsement or responsibility. In addition, third-party websites may have privacy policies or security practices that differ from those applicable to this website. You should read the policies of those sites before sharing your personal information. HMF has no liability for any loss or damage arising from any use of a third-party link on this website.
Intellectual Property Rights. All information, text, images, graphics and other materials (“content”) on this website are subject to the copyrights and other intellectual property rights of HMF, its agents, affiliates and/or licensors. All rights are reserved. Content on or accessed through this website may be printed only for your personal use. This site or content of this site of this website may not be used, copied, modified or transmitted for commercial or public use or distribution, redistribution, republication or reposting to other websites without HMF’s express prior written consent, including such by linking, framing or other similar or any other means. You agree that you will not use any robot, spider, other automatic device or manual process to monitor or copy our web pages, data or the content contained herein or for any other unauthorized purpose without our prior express written consent.
General Terms. The terms and conditions set forth on this website constitute the entire agreement between you and HMF relating to access to and use of this website. If any of the terms and conditions is held unlawful, void, or unenforceable, that part will be deemed severable and will not affect the validity and enforceability of any of the remaining provisions. Nothing on this website shall be deemed to modify the terms of any other agreements between you and HMF for products or services. In addition to the terms and conditions above, supplemental terms and conditions may appear on specific pages of the website. In the event of a conflict, the supplemental terms and conditions and additional disclosures and disclaimers on this website will govern for those sections or pages.
Age of Majority. HMF does not accept agreements from persons under the legal age of 18 years. By accessing and using the secure portion of this website, you confirm that you are over 18 years of age or your parent or legal guardian has agreed to accept this Agreement on your behalf.
Force Majeure. We will not be liable for any failure to perform any obligation under any Agreement, delay, interruption or failure in the provisioning of services if caused by events beyond our control, including but not limited to any act of God, declared or undeclared war, terrorism, fire, flood, storm, slide, earthquake, power failure, Political insurgence, insurrection, riot, civil unrest, act of civil or military authority, uprising, earthquake, flood or any other natural or man-made eventuality outside of our control.
Waiver. Failure of HMF to insist upon strict performance of any provision of this or any Agreement or the failure of HMF to exercise any right or remedy to which HMF may be entitled hereunder shall not constitute a waiver thereof and shall not cause a diminution of the obligations under this or any Agreement. No waiver of any of the provisions of this or any Agreement shall be effective unless it is expressly stated to be such and signed by HMF.
Jurisdiction and Applicable Law. This website is intended for use by consumers in Canada. Your access to and use of this website and all terms and conditions herein are governed and construed in accordance with the laws in force in the Province of Ontario and the federal laws of Canada, without reference to any choice of law or conflict of law principles. You hereby irrevocably submit to the exclusive jurisdiction of the Courts of the Province of Ontario for any dispute arising under or relating to this Agreement and waive your right to institute proceedings in any jurisdiction where you reside, do business or have assets.
Language. The parties to this agreement declare that they have requested that this agreement and all ancillary documents be prepared in English. Les Parties declarant qu’elle ont demande que cetter entente et tout document s’y rapportant soient prepares en anglais.