Resale Value Program

HYUNDAI STARGAZER

  • Resale Value Protection Program Terms and Conditions

Effective date and version: as stated in the customer Enrollment Form

These Terms and Conditions govern the Hyundai Stargazer Resale Value Protection Program offered by Hyundai Motor Malaysia Sdn. Bhd. They must be read together with the signed Enrollment Form, HMY’s applicable inspection and fair wear and tear policies and guidelines, any inspection instructions issued for the exercise application, and the privacy notice. The Program provides a conditional minimum trade-in value when an enrolled vehicle is exchanged for a new eligible Hyundai vehicle. It is not insurance, financing, an investment, a deposit, or an unconditional promise to buy the vehicle.

Important customer summary

• The Customer must apply within the selected Exercise Window and comply with the applicable mileage, ownership, maintenance, condition and document requirements.
• The Protection Value is calculated only from the promotional nett body price of the Enrolled Vehicle after all promotions, rebates and discounts. Insurance, road tax, registration, financing, accessories and every other ancillary cost are excluded.
• Any outstanding hire-purchase or financing must be lawfully settled and discharged before ownership of the Enrolled Vehicle is transferred or the vehicle is disposed of.
• If Outstanding Finance exceeds the Protection Value, the Customer is not eligible to complete the Program unless the excess is first paid so that the remaining settlement amount does not exceed the Protection Value.
• The Enrolled Vehicle will be assessed under HMY’s applicable inspection and fair wear and tear policies and guidelines. Material reasons for a rejection or proposed deduction will be communicated before Final Acceptance.
• The RVP Benefit is conditional on completing the purchase and registration of a new eligible Hyundai vehicle and is not redeemable for cash.
• No dealer, salesperson or service provider may vary these Terms or promise a different value unless HMY confirms the variation in writing.

1 Parties Program Nature and Contract Documents

1.1 The Program provider and administrator is Hyundai Motor Malaysia Sdn. Bhd. (HMY). A Participating Dealer facilitates the application and Replacement Vehicle sale. Inspection, finance settlement, vehicle acquisition, custody, transport, storage, auction and remarketing may be performed by one or more Appointed Partners identified to the Customer. Unless HMY is expressly named as the Acquirer in Final Acceptance, HMY does not purchase, take title to, possess or auction the Enrolled Vehicle.
1.2 The Program is a conditional trade-in support arrangement forming part of a future purchase transaction. No separate insurance premium, investment contribution or interest is payable for enrollment, and the Program does not provide a cash indemnity for changes in market value.
1.3 The Program Contract comprises: (a) the signed Enrollment Form; (b) these Terms and Conditions; (c) Final Acceptance; and (d) the final trade-in, settlement and vehicle purchase documents. HMY’s applicable inspection and fair wear and tear policies and guidelines govern the assessment methodology, but do not override these Terms or reduce the Protection Value except through a deduction permitted under clause 7. A later document varies an earlier document only to the extent that it expressly states the variation and is signed or otherwise accepted by HMY and the Customer.
1.4 Marketing materials and verbal explanations do not amend the Program Contract. Any representation concerning the Protection Value, eligibility or exercise outcome binds HMY only if it is included in, or expressly incorporated into, the Program Contract.

2 Definitions

tableTypeCol
Defined term Meaning
Accepted Vehicle the Enrolled Vehicle after HMY has issued written Final Acceptance following inspection and verification.
Acquirer the Participating Dealer or Appointed Partner identified in Final Acceptance as the purchaser of the Enrolled Vehicle. Unless expressly identified in Final Acceptance, HMY is not the Acquirer.
Appointed Partner a dealer, inspection provider, financier-settlement provider, vehicle acquirer, auctioneer, logistics provider or remarketing provider appointed by HMY for the Program.
Approved Trade-In Value the higher of the Protection Value and any written market trade-in value offered by the Acquirer and accepted by the Customer before Final Acceptance, subject only to deductions expressly permitted by the Program Contract.
Business Day a day other than Saturday, Sunday or a gazetted public holiday in Kuala Lumpur.
Customer the individual named in the Enrollment Form who is the lawful registered owner or hirer of the Enrolled Vehicle, as applicable.
Eligible Base Price the promotional nett body price actually charged for the Enrolled Vehicle and stated on the original tax invoice after all promotions, rebates and discounts. It covers only the price of the vehicle body or unit itself. It excludes insurance, road tax, registration and ownership fees, number plates, financing and late-payment charges, accessories, optional equipment, service or maintenance packages, extended warranties, after-market items, delivery or handling charges and every other ancillary cost, whether paid separately, bundled or financed.
Enrolled Vehicle the new Hyundai Stargazer identified by VIN in the Enrollment Form.
Exercise Date the date on which HMY receives a complete exercise application within the applicable Exercise Window.
Exercise Window the period selected in the Enrollment Form and described in Schedule 1, calculated from the Original Registration Date.
tableTypeCol
Defined term Meaning
Final Acceptance HMY’s written confirmation that the Customer and Enrolled Vehicle have satisfied all Program requirements and that the transaction may proceed on stated settlement terms.
Market Trade-In Value the written trade-in value offered by the Acquirer before Final Acceptance based on the inspected condition and prevailing market.
Net Trade-In Credit the Approved Trade-In Value less Outstanding Finance and any deduction expressly accepted under clause 7.5 or stated in Final Acceptance. It is the amount credited toward the Replacement Vehicle and is distinct from the RVP Benefit.
Original Registration Date the first date on which the Enrolled Vehicle was registered with the Road Transport Department of Malaysia.
Outstanding Finance the amount required by the owner or financier to fully settle and discharge all rights and encumbrances over the Enrolled Vehicle on the proposed completion date.
Participating Dealer an authorised Hyundai dealer appointed by HMY to participate in the Program.
Protection Percentage the percentage selected and recorded in the Enrollment Form.
Protection Value the Eligible Base Price multiplied by the applicable Protection Percentage, before deduction of Outstanding Finance or any expressly permitted deduction.
Replacement Vehicle a new Hyundai vehicle sold through a Participating Dealer and identified as eligible by HMY at the time of exercise.
RVP Benefit the amount, if any, by which the Protection Value exceeds the Market Trade-In Value and which HMY funds or credits as part of the Approved Trade-In Value.

3 Enrollment and Eligible Vehicles

3.1 The Program applies only to a new Hyundai Stargazer purchased from a Participating Dealer in Malaysia and enrolled by VIN at the time and in the manner specified by HMY. Enrollment is complete only when HMY or its authorised system confirms acceptance and the Customer receives a copy of the completed Enrollment Form and applicable Terms.
3.2 Demonstrator, pre-owned, parallel-imported, rental, ride-hailing, driving-school, competition, commercial-fleet or materially converted vehicles are excluded unless HMY expressly approves the relevant use in the Enrollment Form.
3.3 The Customer must be at least 18 years old and legally capable of contracting. The Customer must remain the registered owner or lawful hirer throughout the ownership period and may not sell, assign, transfer, lease, pledge or beneficially transfer the Enrolled Vehicle or the Program benefit.
3.4 The Program is personal to the Customer and Enrolled Vehicle. It is not transferable with the vehicle, except where HMY gives written approval due to death, estate administration, matrimonial transfer or another exceptional circumstance and all required evidence is provided.

4 Exercise Options Protection Value and Mileage

4.1 The selected Exercise Window, maximum mileage and Protection Percentage must be stated in the Enrollment Form. Unless HMY expressly allows otherwise, only one option may be selected and exercised.

tableTypeCol
Option Exercise Window Maximum Mileage at Inspection Protection Percentage
Year 3 From month 25 to month 36 Not more than 60,000 km 70%
Year 4 From month 37 to month 48 Not more than 80,000 km 60%
Year 5 From month 49 to month 60 Not more than 100,000 km 50%

4.2 For the avoidance of doubt, an Exercise Window begins on the monthly anniversary immediately following completion of the preceding month and ends at 11:59 p.m. Malaysia time on the last day of the stated month. An application is timely if HMY receives the complete application within the Exercise Window. An inspection completed shortly after the window remains valid if the delay is not attributable to the Customer, but the mileage limit applies at the actual inspection.
4.3 The Protection Value is the Eligible Base Price multiplied by the applicable Protection Percentage. The Eligible Base Price is solely the promotional nett body price after all promotions, rebates and discounts. No insurance, road tax, registration, financing, accessory, optional-equipment, service-package, warranty, delivery, handling or other ancillary amount forms part of that calculation. The Protection Value is not increased by inflation, modifications or any later vehicle-price increase and is not reduced merely because open-market or auction prices fall.
4.4 The original tax invoice and Enrollment Form must separately identify the promotional nett body price used as the Eligible Base Price. If the Enrollment Form does not state the Eligible Base Price, selected option and resulting Protection Value or an objectively verifiable formula, the Program must not be marketed as activated until HMY has issued a corrected Enrollment Form.

5 Conditions for Exercise

5.1 The Customer may exercise the Program only if all of the following conditions are satisfied:
• HMY receives a complete application within the applicable Exercise Window;
• the mileage at inspection does not exceed the applicable maximum;
• the Customer and Enrolled Vehicle have continuously complied with the ownership, use, maintenance and condition requirements;
• the Customer signs an unconditional order or sale agreement for a Replacement Vehicle, subject only to financing approval and availability expressly stated in that agreement;
• any required financing for the Replacement Vehicle has been finally approved and all Customer-funded deposits and shortfalls have been paid before the Enrolled Vehicle is transferred; and
• all documents, consents, discharge statements, identity checks and transfer requirements have been completed.
5.2 The Customer must provide complete, current and accurate information. HMY may request reasonable supporting documents, including identity, ownership, service, repair, accident, insurance, finance-settlement and title-transfer documents.
5.3 A dealer’s receipt of documents, an initial eligibility indication or the scheduling of an inspection is not Final Acceptance and does not oblige HMY or an Appointed Partner to acquire the Enrolled Vehicle.

6 Service Maintenance and Parts

6.1 The Enrolled Vehicle must be serviced within the time and mileage tolerances stated in the owner’s manual and warranty requirements at an authorised Hyundai service centre in Malaysia, using Hyundai genuine parts or parts expressly approved by HMY. Complete, verifiable service and repair records must be retained.
6.2 If emergency work is reasonably required where an authorised Hyundai service centre is not practically available, HMY may accept work performed by a suitably qualified workshop using parts of equivalent quality, provided the Customer promptly obtains and retains itemised records and the work does not compromise safety, durability, warranty validation or vehicle value.
6.3 HMY may reject or adjust an application for non-compliance only where the non-compliance is material to vehicle condition, value, safety or HMY’s ability to verify maintenance history. Any adjustment must reflect a reasonable documented rectification or value impact and be disclosed before Final Acceptance. These Program conditions do not exclude any non-excludable statutory right or determine a separate warranty claim.

7 Vehicle Condition and Inspection

7.1 The Enrolled Vehicle must pass the inspection arranged by HMY and conducted by an Appointed Partner at the notified location. It must be roadworthy, legally registrable, safe and in reasonable condition for its age and mileage, allowing fair wear and tear. The assessment will be conducted under HMY’s applicable inspection and fair wear and tear policies and guidelines in force at the time of inspection.
7.2 Fair wear and tear means deterioration reasonably expected from ordinary private use of a properly maintained vehicle, having regard to its age and mileage. It does not include unrepaired damage, poor-quality repair, neglect, misuse, missing equipment, permanent staining, unlawful modification, structural damage or mechanical failure caused by failure to maintain the vehicle.
7.3 The inspection may assess the vehicle exterior, interior, underside, wheels, tyres, mechanical condition, service history, keys, security equipment, accessories and documents. HMY may maintain detailed inspection criteria, tolerances, scoring methods, checklists, rectification benchmarks and other technical methodologies in its policies and guidelines. Those materials need not be reproduced in these Terms or provided at enrollment, provided the assessment is applied reasonably and consistently for purposes relevant to vehicle condition, value, safety, lawful transfer and Program integrity.
7.4 HMY may reject the application where the Enrolled Vehicle has any of the following material conditions:
• actual or suspected total-loss, stolen-vehicle, cloning, tampering or unlawful-title history;
• structural, chassis, flood, fire or material natural-disaster damage;
• odometer tampering, unexplained odometer replacement or a material mileage inconsistency;
• an unauthorised structural, powertrain, electrical, emissions or safety-related modification;
• material misuse, competition use, illegal use or excluded commercial use;
• a condition that makes the vehicle unsafe, not roadworthy, not registrable or not lawfully transferable;
• a missing material component or document, including required keys, registration evidence or service history; or
• material undisclosed damage, repair, encumbrance or misrepresentation.
7.5 For a remediable condition, HMY may allow the Customer to repair the Enrolled Vehicle before a reinspection or may propose a written deduction supported by a reasonable rectification estimate or documented value impact. No deduction applies unless the Customer accepts it in writing before Final Acceptance, except for a latent condition deliberately concealed or fraudulently misrepresented.
7.6 At the Customer’s request, HMY will provide a copy or summary of the inspection result and the principal reason for any rejection or proposed deduction, subject to the protection of third-party confidential methodologies.
7.7 HMY may update its inspection and fair wear and tear policies and guidelines from time to time to reflect market, technical, safety, regulatory or operational developments. HMY will not apply a later guideline arbitrarily or retrospectively to deprive the Customer of the Protection Value. Before Final Acceptance, the Customer will be informed of any material inspection failure or proposed deduction and may, where reasonably practicable, repair the condition and request reinspection, or withdraw the exercise application without receiving the RVP Benefit.

8 Application Review and Final Acceptance

8.1 The Customer applies and submits the required documents through a Participating Dealer or another channel approved by HMY. The Participating Dealer will provide the document checklist, conduct an initial completeness check and forward the application to HMY. HMY may verify information with the Customer, dealers, service centres, financiers, insurers, government authorities and Appointed Partners to the extent permitted by law and the applicable privacy notice.
8.2 HMY will review the application for preliminary eligibility. If documents are incomplete or clarification is required, the Customer must provide the requested material through the Participating Dealer for re-review. If the preliminary review is passed, HMY may request an Appointed Partner to arrange the inspection. A failed preliminary review may be closed or reconsidered after the Customer supplies the requested information.
8.3 The Appointed Partner will contact the Customer to arrange the inspection. The Customer must make the Enrolled Vehicle available at the notified place and time. The inspection may include photographs, diagnostic checks, road tests, ownership checks and a supplementary inspection where reasonably necessary.
8.4 HMY will assess materially similar applications consistently by reference to the Program Contract. HMY may reject an incomplete or non-compliant application, but will not exercise a contractual discretion arbitrarily or for a purpose unrelated to the Program’s legitimate protection.
8.5 Final Acceptance must state at least: the Protection Value, Market Trade-In Value, Approved Trade-In Value, RVP Benefit, Outstanding Finance, permitted deductions, Net Trade-In Credit, Acquirer, custodian or settlement provider if different, proposed handover date, transfer process and any condition remaining to be completed.
8.6 Final Acceptance expires on the date stated in it if the Customer does not complete the transaction for reasons attributable to the Customer. HMY may require a reinspection or updated settlement statement if the vehicle’s condition, mileage or Outstanding Finance changes before completion.

9 Outstanding Finance Encumbrances and Lawful Transfer

9.1 The Customer must disclose all financing, security interests, claims, summonses, restrictions, blacklists and encumbrances affecting the Enrolled Vehicle. The Customer must obtain an original or electronically verifiable redemption statement from the financier and all consents required for lawful settlement, discharge and transfer.
9.2 No transfer, disposal or auction of a vehicle subject to hire-purchase or other financing may occur until the financier or owner has authorised the transaction and the required settlement and discharge steps have been completed. HMY and each Appointed Partner may refuse handover or suspend processing until satisfactory confirmation is received.
9.3 If Outstanding Finance exceeds the Protection Value, the Customer is not eligible to complete the Program unless the Customer first pays the excess directly to the financier or in cleared funds through the authorised settlement process so that the verified remaining Outstanding Finance does not exceed the Protection Value. HMY does not assume negative equity, arrears, late charges, early-settlement charges or any other financing liability.
9.4 If Outstanding Finance is less than the Approved Trade-In Value, the Net Trade-In Credit will be applied as trade-in credit or down-payment support for the Replacement Vehicle. It is not payable in cash except where required by law or where the final written settlement expressly provides otherwise.
9.5 The Customer authorises the Acquirer or identified settlement provider, and not HMY unless expressly stated in Final Acceptance, to pay the verified settlement amount directly to the financier and obtain confirmation of discharge. That payment is treated as part payment of the Approved Trade-In Value, not as a loan or credit facility made available to the Customer.

10 Transaction Sequence Handover Title and Risk

10.1 Unless the Customer signs a separate early-handover authorisation, the Enrolled Vehicle will not be finally handed over, its financing will not be settled and it will not be transferred or disposed of until: (a) Final Acceptance has been issued; (b) the Replacement Vehicle purchase is unconditional except for delivery and registration; (c) replacement-vehicle financing is finally approved, if applicable; and (d) the Customer has paid all required deposits and shortfalls.
10.2 Until final handover, the Customer retains possession, risk and responsibility for the Enrolled Vehicle and must maintain valid insurance, road tax and reasonable care. The Customer must promptly disclose any accident, damage, warning light, material fault, enforcement action or material mileage increase occurring after inspection.
10.3 At final handover, the Customer and the Acquirer or custodian must sign a vehicle handover and acquisition record identifying the condition, odometer, keys, documents, Approved Trade-In Value, Outstanding Finance and Net Trade-In Credit. Title and risk pass to the Acquirer only when the record is signed, possession is delivered and any financier requirements for lawful transfer have been satisfied, unless the final transaction documents state a later time.
10.4 From the time risk passes, the Acquirer bears the risk of accidental loss and may transport, store, repair, sell or otherwise dispose of the Accepted Vehicle, subject to law. The Customer remains liable for liabilities arising from pre-handover ownership or use, including undisclosed fines, tolls, taxes, claims, damage, encumbrances and misrepresentations.
10.5 If the Enrolled Vehicle is placed in temporary custody before risk passes, the custodian must exercise reasonable care and may not sell, dismantle, materially alter or encumber it. The custody receipt must state who maintains insurance and bears risk during that period.
10.6 HMY does not take title to, possession of, custody of or risk in the Enrolled Vehicle merely by administering the Program, approving the RVP Benefit or settling that benefit with the Participating Dealer. Any departure from this position must be expressly stated in Final Acceptance and the applicable acquisition documents.

11 Approved Trade-In Value RVP Benefit and Settlement

11.1 The Customer’s gross trade-in entitlement is the Approved Trade-In Value. The Net Trade-In Credit available toward the Replacement Vehicle equals the Approved Trade-In Value less Outstanding Finance and any deduction expressly accepted under clause 7.5 or stated in Final Acceptance. The Net Trade-In Credit is not the RVP Benefit.
11.2 If the Market Trade-In Value is below the Protection Value, HMY may fund the RVP Benefit directly or through the Participating Dealer. If the Market Trade-In Value is equal to or above the Protection Value, no RVP top-up is payable and the higher accepted market value forms the Approved Trade-In Value.
11.3 Where the Market Trade-In Value is below the Protection Value and no deduction applies, the Net Trade-In Credit equals the Protection Value less Outstanding Finance. This does not mean HMY funds the full Net Trade-In Credit. HMY funds only the RVP Benefit, calculated as the Protection Value less the Market Trade-In Value, while the Acquirer provides the Market Trade-In Value and applies the relevant portion toward finance settlement.
11.4 The Acquirer or identified settlement provider will use the applicable portion of the Approved Trade-In Value to settle verified Outstanding Finance directly with the financier. Subject to Final Acceptance and completion of the transaction, HMY may settle the approved RVP Benefit with the Participating Dealer, and the Participating Dealer will apply the Net Trade-In Credit to reduce the amount payable for the Replacement Vehicle. HMY is responsible only for the approved RVP Benefit, not the Market Trade-In Value, Outstanding Finance or auction proceeds.
11.5 Once title and risk lawfully pass, the Acquirer may sell the Accepted Vehicle by auction or another lawful remarketing channel. Any later resale or auction proceeds, profit, loss and remarketing costs belong to and are borne by the Acquirer. They do not increase or reduce the Approved Trade-In Value or RVP Benefit after completion, except in the case of fraud or a latent condition deliberately concealed by the Customer.
11.6 The RVP Benefit is not transferable, is not redeemable for cash, is not usable for a non-Hyundai vehicle and may be combined with another promotion only where HMY expressly permits this in writing. The Replacement Vehicle invoice and settlement statement must transparently show the Approved Trade-In Value, Outstanding Finance, deductions, Net Trade-In Credit and RVP Benefit.

12 Customer Withdrawal Default and HMY Recovery

12.1 The Customer may withdraw an exercise application before Final Acceptance without an RVP Benefit. Any rights concerning a Replacement Vehicle booking fee or deposit are governed by the applicable vehicle sale and hire-purchase laws and the replacement-vehicle documents.
12.2 If, after Final Acceptance or early handover, the Customer fails for a reason attributable to the Customer to complete the Replacement Vehicle purchase, HMY may cancel the RVP Benefit and require the Customer to reimburse only the following amounts to the extent actually and reasonably incurred, evidenced and not recovered from another source:
• the RVP Benefit or other conditional top-up already paid or credited;
• a shortfall between financing settled on the Customer’s behalf and the net value lawfully realised from the Enrolled Vehicle;
• reasonable inspection, transport, storage, title-transfer, auction and remarketing costs; and
• other direct loss reasonably foreseeable from the Customer’s breach.
12.3 HMY and the Acquirer must take reasonable steps to mitigate loss, account for all proceeds and credits, and avoid double recovery. No administrative charge or fixed sum is payable unless it is a reasonable estimate of actual loss and is expressly stated in Final Acceptance. Any recovery under this clause must credit amounts received from the Customer, Participating Dealer, Acquirer, insurer or another source in respect of the same loss.
12.4 HMY may set off an amount properly due under this clause against a refund or credit otherwise payable to the Customer, after providing a written settlement statement. This clause does not limit the Customer’s right to dispute the calculation.

13 Hyundai Delay and Events Beyond Reasonable Control

13.1 If delivery or registration of the Replacement Vehicle is delayed by production, supply, shipping, port, customs, regulatory approval, dealer allocation or another matter attributable to HMY or its supply chain, HMY may extend the completion period for up to 90 calendar days or another period agreed in writing. The Customer will not incur a reimbursement obligation solely because of that delay.
13.2 Where practical, final handover of the Enrolled Vehicle should be postponed until the Replacement Vehicle is ready. If early handover has already occurred, HMY and the Participating Dealer will provide a written status update and propose a lawful settlement or mobility arrangement appropriate to the circumstances, but no specific courtesy vehicle is promised unless stated in Final Acceptance.
13.3 Neither party is liable for delay caused by an event beyond its reasonable control, except that this clause does not excuse payment already due, data-protection duties, the duty to safeguard a vehicle in custody, or obligations that can reasonably be performed despite the event. The affected party must notify the other and use reasonable efforts to minimise the delay.

14 Customer Representations Indemnity and Cooperation

14.1 The Customer represents that all information and documents are true, complete and not misleading; the Customer has disclosed all material accidents, damage, repairs, modifications, use, finance, encumbrances and ownership changes; and the Customer has authority to enter into and complete the transaction.
14.2 The Customer must cooperate with inspection, verification, financier settlement, identity and anti-fraud checks, lawful title transfer and handover, and must sign documents reasonably required to give effect to the agreed transaction.
14.3 The Customer indemnifies HMY, the Participating Dealer and the Acquirer against direct third-party claims, losses and reasonable costs caused by the Customer’s fraud, material misrepresentation, lack of title or authority, undisclosed encumbrance, pre-handover offence or breach of clause 14.1. The indemnity does not apply to loss caused by the indemnified party’s own negligence, fraud, wilful misconduct or breach of law and does not permit double recovery.

15 Roles of HMY Dealer and Appointed Partners

15.1 The Participating Dealer provides the application checklist and guidance, receives and forwards documents, supports any supplementation request, arranges the Replacement Vehicle order and, after HMY approval, applies the Net Trade-In Credit to the Replacement Vehicle transaction. The Participating Dealer may not approve eligibility, vary these Terms, promise an unapproved value or bind HMY outside its written authority.
15.2 HMY reviews eligibility, may request additional documents, requests the inspection after preliminary review, determines Final Acceptance, calculates and approves any RVP Benefit and may settle that benefit with the Participating Dealer after the required completion evidence is received. HMY does not settle the Customer’s loan, acquire or hold the Enrolled Vehicle, or conduct the auction unless Final Acceptance expressly states otherwise.
15.3 The Appointed Partner will perform the functions assigned to it, which may include contacting the Customer, arranging and conducting the inspection, receiving temporary custody, paying the verified settlement amount directly to the financier, obtaining discharge, acquiring title, transporting, storing, auctioning or remarketing the Accepted Vehicle. The Appointed Partner bears responsibility for its custody, settlement, acquisition and disposal functions under applicable law and its transaction documents.
15.4 If inspection, settlement, custody, acquisition and auction functions are performed by different entities, Final Acceptance or the related transaction documents must identify the responsible entity for each function and the point at which possession, title and risk pass.
15.5 A Participating Dealer or Appointed Partner has only the authority expressly given by HMY for the Program. HMY may appoint, replace or use Appointed Partners, but remains responsible only for obligations expressly assumed by HMY under the Program Contract. Each acquisition, inspection, custody or finance-settlement service may also be governed by a disclosed transaction document with the relevant service provider or Acquirer.
15.6 HMY may assign or transfer the Program Contract to an affiliate or successor as part of a bona fide corporate or business reorganisation, provided the Customer’s accrued rights are not materially reduced. The Customer may not assign the Program or RVP Benefit without HMY’s written consent.

16 Personal Data and Privacy

16.1 HMY and other identified participants will process personal data for enrollment, eligibility checks, servicing-history verification, inspection, fraud prevention, financing settlement, title transfer, vehicle acquisition and remarketing, customer support, legal compliance, audit and dispute handling, as explained in the applicable privacy notice.
16.2 Relevant data may be disclosed to Participating Dealers, Hyundai group companies, financiers, insurers, service centres, inspection providers, vehicle acquirers, auction and remarketing operators, logistics and storage providers, professional advisers, technology providers and competent authorities where permitted or required by law. HMY will obtain consent or another valid legal basis where required.
16.3 The Customer must receive or be given accessible notice of the categories of data, purposes, sources, recipients, retention approach, cross-border transfers, security measures, contact channel and applicable rights before enrollment. Marketing consent must be presented separately from consent or acknowledgement necessary to administer the Program and may be withdrawn without cancelling accrued Program rights, unless the relevant processing is necessary to perform the Program Contract.
16.4 HMY will apply reasonable security and retention controls and will manage data-processor, data-protection officer, data-breach notification, access, correction, withdrawal and portability obligations in accordance with the Personal Data Protection Act 2010 and applicable amendments, regulations, standards and Commissioner guidance.

17 Fraud Misrepresentation and Abuse

17.1 HMY may suspend processing, require further verification, reject an application or cancel an RVP Benefit where there is credible evidence of forged or altered documents, mileage manipulation, undisclosed material damage, collusion, duplicate claims, unlawful title, sanctions or fraud risk, or material misrepresentation.
17.2 HMY may recover a benefit paid as a result of fraud or material misrepresentation and may preserve and disclose relevant evidence to a competent authority as permitted by law. These rights are in addition to other contractual and legal remedies.

18 Liability and Mandatory Rights

18.1 The Program does not guarantee future open-market or auction prices, approval where any eligibility requirement is not met, full settlement of Outstanding Finance, or availability of any particular Replacement Vehicle, colour, variant, finance product or delivery date.
18.2 To the extent permitted by law, HMY is not liable for indirect, consequential or special loss, loss of profit, loss of opportunity or loss arising from an unauthorised promise by a dealer or third party. HMY’s aggregate liability arising solely from the RVP Benefit will not exceed the RVP Benefit that should have been provided under the Program Contract.
18.3 Clause 18.2 does not exclude or limit liability for fraud, wilful misconduct, death or personal injury caused by negligence, damage to a vehicle while risk is contractually borne by HMY or its Appointed Partner, or any liability, guarantee, right or remedy that cannot lawfully be excluded or limited under Malaysian law.

19 Program Changes Suspension and Termination

19.1 HMY may amend, suspend or terminate the Program for future enrollments. A change will not retrospectively reduce a material accrued right of an enrolled Customer unless required by law, agreed by the Customer for valid consideration, or reasonably necessary to address fraud, illegality or safety and accompanied by a fair alternative where appropriate.
19.2 Any material change affecting an enrolled Customer will be notified through the contact details in HMY’s records or another channel stated in the Enrollment Form. The version applicable to the Customer is the version identified in the Enrollment Form, subject to a valid later variation under clause 1.3. Updates to inspection and fair wear and tear policies and guidelines are governed by clause 7.7 and do not amend the Protection Percentage or the Protection Value formula.

20 Complaints Disputes and Governing Law

20.1 A Customer may submit a complaint through the HMY customer-care channel stated in the Enrollment Form or HMY’s official website. The complaint should identify the Customer, VIN, application reference and disputed decision. HMY will acknowledge and investigate the complaint within a reasonable period and may request further information.
20.2 The parties should first attempt to resolve a dispute in good faith. Nothing in these Terms prevents a Customer from referring an eligible claim to the Tribunal for Consumer Claims Malaysia, making a complaint to a competent regulator or exercising any non-excludable statutory remedy.
20.3 The Program Contract is governed by the laws of Malaysia. Subject to clause 20.2, the courts of Malaysia have jurisdiction. If these Terms are issued in more than one language, the English version prevails to the extent permitted by law, but the other version must not materially misstate the Program.

21 General Terms

21.1 A notice may be sent by hand, registered post, email, SMS or another electronic channel recorded in the Enrollment Form. The Customer must promptly update contact details. Electronic records and signatures may be used to the extent permitted by law.
21.2 A failure or delay to exercise a right is not a waiver. A waiver must be in writing and applies only to the specific matter stated. If any provision is invalid or unenforceable, it will be read down or severed to the minimum extent necessary without affecting the remaining provisions.
21.3 Headings are for convenience. Words in the singular include the plural and references to law include amendments and replacements. An obligation to act reasonably includes an obligation to consider relevant information and not act arbitrarily.
21.4 The Customer should keep copies of the Enrollment Form, these Terms, any inspection communications provided during the exercise application, service records, application, inspection report, Final Acceptance, financier settlement statement, handover record and Replacement Vehicle invoice.

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