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T&C Headunit | Hyundai Bluelink | Hyundai Story | Hyundai Motors Indonesia

Hyundai Bluelink

Terms of Use - Head Unit

1. Scope
These terms of use ("Terms of Use") apply to the use of Hyundai Bluelink via the vehicle's head unit ("Services") provided by PT Hyundai Motors Indonesia ("Hyundai"; "we"; "us"; "our"; “kami”), incorporated and registered in Indonesia whose registered office is at Wisma Mulia, Suite 2502, 25th Floor, Jl. Jend. Gatot Subroto No.42 Jakarta 12710, to the user of the Services ("user" or "you").
These Terms of Use are the agreement between you and us regarding our provision of the Services.
You can find the applicable Terms of Use at any time in the on-board menu of your vehicle.

2. Use of the Services
2.1. The activation of Hyundai Bluelink enables you to use the Services described in Section 3. No further sign up is required. For information regarding the related data collected and the processing thereof please refer to our Privacy Notice in the on-board menu.
2.2. If you would like to use the full range of Hyundai Bluelink services, including remote services, please download our Hyundai Bluelink application. Specific terms and conditions apply as indicated in the Terms of Use – Application.
2.3. The purchase agreement of the vehicle and these Terms of Use are legally separate agreements. Unless otherwise agreed in these Terms of Use, the performance of one of the agreements shall have no implications on the respective other agreement. In certain circumstances, this may result in the User effectively purchasing the vehicle without being able to use the Services.
2.4. The Services are linked to your vehicle and cannot be received in or transferred to another vehicle.
2.5. The use of the Services will be open to all passengers of the vehicle. You will remain the sole contracting party and as such solely responsible for the appropriate use of the Services (cf. also Section 5 below).

3. Services
3.1. The Services comprise the following individual services:
a) Vehicle Diagnostics

Vehicle diagnostics enables the User to receive information about active trouble codes
(vehicle’s error messages) of certain control units of the vehicle.
3.2. Hyundai is entitled to entrust the performance of the Services (or parts thereof) to subcontractors.
3.3. From time to time we may automatically update Hyundai Bluelink and change the Services to improve performance, enhance functionality, reflect changes to the operating system or address security issues.
3.4. If you choose not to install such updates or if you opt out of automatic updates you may not be able to continue using the Hyundai Bluelink and the Services.

4. Copyright / Intellectual Property
4.1. The entire content of the Services is the property of Hyundai Motor Company, its direct or indirect subsidiaries (hereinafter referred to collectively as "Hyundai Group") or third parties. All rights in the Services, the underlying software, the content and arrangement are owned by Hyundai Group and its licensors. You must not sell, distribute, publish, broadcast, circulate or commercially exploit the Services in any manner without our express written consent. You may not reproduce (in whole or part), transmit (by electronic means or otherwise), modify, display, redeliver, license, link or otherwise use the Services for any public or commercial purpose without our prior permission.
4.2. Nothing in these Terms of Use shall be construed as granting a licence or right to:
4.2.1. use any image, trade mark, service mark or logo, all of which are the property of Hyundai Group. Hyundai Group reserves all rights with respect to its proprietary information or material in connection with the Services and will enforce such rights to the full extent of applicable copyright and trade mark law.
4.2.2 rent, lease, sub-license, loan, provide, or otherwise make available, Hyundai Bluelink or the Services in any form, in whole or in part to any person without prior written consent from us;
4.2.3. copy the Hyundai Bluelink or Services, except as part of the normal use of the Hyundai Bluelink or where it is necessary for the purpose of back-up or operational security;
4.2.4. translate, merge, adapt, vary, alter or modify, the whole or any part of the Hyundai Bluelink or Services nor permit Hyundai Bluelink or the Services or any part of them to be combined with, or become incorporated in, any other programs, except as necessary to use Hyundai Bluelink and the Services on devices as permitted in these Terms of Use;
4.2.5. disassemble, de-compile, reverse engineer or create derivative works based on the whole or any part of Hyundai Bluelink or the Services nor attempt to do any such things, except to the extent that such actions cannot be prohibited because they are necessary to decompile Hyundai Bluelink to obtain the information necessary to create an independent program that can be operated with the Hyundai Bluelink or with another program (Permitted Objective), and provided that the information obtained by you during such activities: is not disclosed or communicated without our prior written consent to any third party to whom it is not necessary to disclose or communicate it in order to achieve the Permitted Objective; and is not used to create any software that is substantially similar in its expression to Hyundai Bluelink; is kept secure; and is used only for the Permitted Objective;

5. User Obligations
5.1. You are obligated to comply with applicable law and respect the rights of third parties when using the Services.
5.2. In addition, you must not misuse the Services and abide by the obligations set out as follows:
a) You must not use the SIM card built into the head unit and used for the provision of the Services: (i) for the transmission of voice (including VOIP); (ii) to access a publicly addressable destination (i.e. public IP address) including through the use of a proxy, gateway or routing; (iii) in any way that attempts to penetrate security measures whether or not the intrusion results in the corruption or loss of data; (iv) in any way that uses the Services or software related to internet relay chat, peer to peer file sharing, bit torrent, or proxy server network; (v) in a way that involves spamming, the sending of bulk unsolicited emails or commercial messages or maintaining an open SMTP relay; or (vi) in any way that causes the network to be impaired. You must not publish any results of any benchmark or performance tests of the SIM card, the network, the Services, or component thereof to any third parties.
b) You must not use the Services for unlawful purposes of facilitate that third parties use the Services for unlawful purposes.
c) You must not wilfully disrupt the Services by any means.
5.3. You shall bear any costs occasioned for a misuse of the Services.
5.4. In case of sale or permanent transfer of the vehicle to a third party, we recommend to you to ensure that Hyundai Bluelink is deactivated in the on-board menu. Please note that, if you have connected your vehicle with the Hyundai Bluelink application, by deactivating Hyundai Bluelink in the on-board menu, your driving data will no longer be visible in the Hyundai Bluelink application and your vehicle is disconnected from the app. Please be informed that your account data in the Hyundai Bluelink application will not be deleted.

6. Network Speed / Availability
6.1. The provision of Services is done via a built-in vehicle SIM card. The Services are therefore territorially limited to the reception and transmission range of the radio stations operated by the respective network operator and can be affected by atmospheric, topographic conditions, the position of the vehicle and obstacles such as buildings. In addition, the provision of the Services requires the functionality and operational readiness of the required mobile network of the built-in SIM card.
6.2. The 4G/LTE services (provided by an external service provider) are only available on compatible devices (i.e. the head unit) which support the particular 4G/LTE frequency of the specific roaming network. Where 4G/LTE services cannot be provided, 2G or 3G services will be provided subject to the availability of, and compatibility of the head unit with, such networks.

7. Uptime
7.1. We reserve the right to temporarily or permanently deactivate access to the Services in whole or in part for technical and security reasons (e.g. in the event of gaps in security) and other important reasons.
7.2. The provision and use of the Services may be subject to restrictions with regard to the current state of the art beyond the scope of our control. This relates in particular to the availability of the data connections provided by carriers. In individual cases, the non-availability of the network can lead to the Services not being available as the necessary data transfer cannot occur. In addition, short-term capacity bottlenecks can arise from peak loads on the Services, wireless and fixed networks and on the Internet.
7.3. Disruptions can also arise due to force majeure, including strikes, lockouts and official orders, and on account of technical and other measures (e.g. repairs, maintenance, software updates, and extensions) necessary on our systems or those of downstream or upstream providers, content providers and network operators, which are necessary for the proper or improved performance of the Services.

8. Data Protection
8.1. For information on how we collect and process personal data in connection with the provision of the Services please refer to our Privacy Notice available via the on-board menu.
8.2. We recommend the User to inform any other user/driver of the vehicle that the Services are activated. In particular we recommend to the User to inform such other user/driver about the data processing activities described in the Privacy Notice and the fact that the Services require the collection and processing of location data (GPS data).

9. Term and Free Services
The term of this Terms of Use is congruent to the period in which your vehicle is covered by Hyundai Manufacturer’s warranty (the “Term”). During the Term Services are provided free of charge. For further details regarding Hyundai Manufacturer’s warranty, please see the Hyundai warranty booklet of your vehicle.

10. Termination / Restriction of Use
10.1. These Terms of Use will be automatically terminated when

a) user successfully rescinds from purchase agreement for the vehicle; or the purchase agreement is reversed for other reasons successfully; or
b) the user account is deactivated.
10.2. We reserve the right to temporarily or permanently block and/or revoke the use of the Services in case of material breach of these Terms of Use and, in case of material breach by the User of these Terms of Use, to terminate the Terms of Use.

11. Changes to the Terms of Use / Assignment of Rights
11.1. Hyundai reserves the right to make reasonable changes to the Terms of Use and/or to the Services to reflect changes in law or best practice or to deal with additional features which we introduce, and to assign our rights and duties under this agreement in full or in part to a third party. The User will be notified by us about any changes to these Terms of Use and/or the Services within reasonable time ahead to the effective date of the new Terms of Use. In case the User disagrees with the application of the new Terms of Use the Services can no longer be used. In that case, the agreement is terminated with immediate effect.

12. Miscellaneous
12.1. These Terms of Use and any given data protection declaration (e.g. your consent) are the entire agreement of the parties with respect to the subject matter of the use of the Services and supersedes all prior agreements, written or oral, between the parties with respect to the subject matter.
12.2. Deviating, conflicting or supplementing terms and conditions of the User shall only govern the use of the Services if explicitly accepted by us in writing.
12.3. This agreement does not give rise to any rights under the Contracts (Rights of Third Parties) Act 1999 to enforce any term of this agreement.
12.4. Each of the paragraphs of these terms operates separately. If any court or relevant authority decides that any of them are unlawful, the remaining paragraphs will remain in full force and effect.
12.5. Even if we delay in enforcing this contract, we can still enforce it later. If we do not insist immediately that you do anything you are required to do under these terms, or if we delay in taking steps against you in respect of your breaking this contract, that will not mean that you do not have to do those things and it will not prevent us taking steps against you at a later date.
12.6. These terms are governed by Indonesia law and you can bring legal proceedings in respect of the products in the Indonesia courts.

13. Customer Service / Complaints
13.1. Users may use the following contact details in case of questions or complaints: Hyundai Call Center
0 800 1 878 878

14. Liability
14.1. We are responsible to you for foreseeable loss and damage caused by us. If we fail to comply with these Terms of Use, we are responsible for loss or damage you suffer that is a foreseeable result of our breaking these terms or our failing to use reasonable care and skill, but we are not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if either it is obvious that it will happen or if, at the time you accepted these Terms of Use, both we and you knew it might happen.
14.2. We do not exclude or limit in any way our liability to you where it would be unlawful to do so. This includes liability for death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors or for fraud or fraudulent misrepresentation.
14.3. When we are liable for damage to your property. If defective digital content that we have supplied damages a device or digital content belonging to you, we will either repair the damage or pay you compensation. However, we will not be liable for damage that you could have avoided by following our advice to apply an update offered to you free of charge or for damage that was caused by you failing to correctly follow installation instructions or to have in place the minimum system requirements advised by us.
14.4. We are not liable for business losses. Hyundai Bluelink is for private use. If you use Hyundai Bluelink for any commercial, business or resale purpose we will have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.
14.5. Hyundai Bluelink and the Services are provided for general information. They do not offer advice on which you should rely. You must obtain professional or specialist advice before taking, or refraining from, any action on the basis of information obtained from the Hyundai Bluelink or the Services. Although we make reasonable efforts to update the information provided by the Hyundai Bluelink and the Service, we make no representations, warranties or guarantees, whether express or implied, that such information is accurate, complete or up to date.
14.6. Hyundai Bluelink and the Services have not been developed to meet your individual requirements. Please check that the facilities and functions of Hyundai Bluelink and the Services meet your requirements.