Hyundai for Hire Platform Terms of Use

General

These terms of use form an agreement ("Agreement") between The Bank of Nova Scotia and, as applicable, any of our Canadian subsidiaries ("us", "we", "our"), and you. The terms "you" and "your" refer to the person that accesses or uses the Platform (as defined below). This Agreement governs your access to and use of any one or more of the following (the "Platform"): (a) the website located at www.hyundaiforhire.com (the "Website"); (b) the use of and interaction with certain Website features and services, including creating an account and reserving a vehicle ("Services"); and (c) the Content. This Agreement does not replace other agreements you may have entered into or that you may enter into with us.

IF YOU RESERVE A VEHICLE, YOU WILL ALSO BE GOVERNED SEPARATELY BY THE TERMS AND CONDITIONS OF YOUR RENTAL CONTRACT WITH YOUR SELECTED HYUNDAI DEALER.

BY CLICKING ON THE "SUBMIT" BUTTON BELOW, YOU: (A) REPRESENT AND WARRANT TO, AND COVENANT WITH, US THAT: (I) YOU HAVE REACHED THE AGE OF 25 AND HAVE THE CAPACITY TO ENTER INTO BINDING OBLIGATIONS; AND (II) ALL INFORMATION SUPPLIED BY YOU TO US THROUGH THE PLATFORM IS TRUE, ACCURATE, CURRENT AND COMPLETE; AND (B) AGREE TO BE BOUND BY AND COMPLY WITH THIS AGREEMENT, AS UPDATED FROM TIME TO TIME IN ACCORDANCE WITH THE SECTION TITLED "CHANGE". YOU MAY NOT ACCESS OR USE THE PLATFORM ON BEHALF OF ANOTHER PERSON.

Overview

The Platform is provided and operated by us. Some of the Services available through the Platform connect you with products and services offered by third parties, and you acknowledge that some of those Services may have fees associated with the end products or services that you may choose to purchase, rent or subscribe to. You acknowledge that the Services may have terms and conditions, including fees, that apply in addition to these terms and conditions,

Description of the Hyundai for Hire Platform

These terms and conditions are in addition to the terms of use which govern the rental of vehicles under the Hyundai for Hire program (the "Program").

The Hyundai for Hire Platform simplifies the process of choosing and renting a vehicle from an inventory of Hyundai vehicles available based on the filter options you select. You may explore the vehicle inventory without signing up for a Hyundai for Hire account or signing into such an account, but you must sign up for an account in order to rent a vehicle. In order to sign up for a Hyundai for Hire account, you must provide us with i) your first name, ii) your last name, iii) your phone number, and iv) your email address.

An available vehicle is only assigned to you after you have finalized and placed your reservation and have received the booking confirmation email. Thereafter, you will need to contact the dealer directly, if you wish to make any changes to your booking. You acknowledge that we do not set the fees and certain other terms governing the rental of any vehicles, which fees or terms may be different for similar or identical vehicles.

The terms of your Hyundai for Hire rental agreement are between you and the dealer you choose to rent a vehicle from. We will collect the funds you agree to pay to the dealer, and then we will disburse those funds among the dealer and our service providers. If you encounter a problem with your vehicle or your payment terms, you will need to contact the dealer directly. We are not responsible for any failure to supply, or lack of suitability or quality of, any vehicle provided by your selected Hyundai dealer and that you may choose to rent through the Platform.

Use of the Platform

You agree that you will not:

  1. access or use the Platform in a manner that violates any applicable federal, provincial, territorial, local, or international law or regulation or otherwise violates this Agreement or the Hyundai for Hire Privacy Notice (accessible at www.hyundaiforhire.com/privacy);
  2. submit to the Platform, or distribute using the Platform, any false, inaccurate or misleading information;
  3. impersonate or attempt to impersonate, us, one of our employees, another user, or any other person or entity when you are using the Platform;
  4. use the Platform to transmit, or procure the sending of, any advertisements or promotions, commercial activities or sales, including without limitation any "spam", "junk mail", "chain letter", contests, sweepstakes and other sales promotions, barter, or advertising or any other similar solicitation;
  5. engage in any conduct that impacts anyone else's use or enjoyment of the Platform, or that may harm us or other users of the Platform or expose them or us to liability;
  6. alter, modify, adapt or translate the whole or any part of the Platform, or duplicate, compile, disseminate, reverse engineer, disassemble, decompile, disable any features, merge with other software, tamper with proprietary labels, or otherwise derive the source code for the Platform, in whole or in part;
  7. use any component of the Platform in an attempt to gain access to interconnecting software applications to perform any of the activities described above;
  8. cause damage to any of the websites, servers, systems or equipment used in the provision of the Platform including those of any third party; or
  9. access or attempt to access any user data or to penetrate any of the security measures relating to the Platform.

Support and Maintenance

While we aim to ensure that we can support the Platform on most popular operating systems, browsers, mobile devices, and computer hardware available in Canada, we have no obligation to support, or continue to support, the use of the Platform on or using all technologies. We only support the current version and immediately previous version of any software. We will not support any use of the Platform from a device that has been jailbroken, tampered with, rooted or otherwise modified by any person, be it at a hardware or operating system level.

Intellectual Property and License Rights

The Platform is owned or licensed by us and may be protected by copyright, trademark or other intellectual property laws. Use of the Platform, except as expressly authorized, is a violation of this Agreement and may also be a violation of law.

We grant you a personal, revocable, non-exclusive and non-transferable license to access and use the Platform during the term of this Agreement.

You agree to not directly or indirectly reproduce, compile, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any portion of the Platform, in any form or medium whatsoever except that you may use a temporarily cached copy for the purpose of viewing the Content or making a reasonable number of printed copies for personal, non-commercial use.

We expressly reserve all rights in the Platform that are not specifically granted to you. You acknowledge that as between us and you, all right, title and interest in the Platform and any update, adaptation, translation, compilation, aggregation, customization or derivative work, and all intellectual property rights therein will remain with us.

By providing any Submissions, you agree that we may use such feedback for any purpose related to the Platform and any services without any obligation to compensate you.

Changes to the Agreement

You acknowledge that we can add to, change or replace the terms and conditions of this Agreement or any other terms and policies incorporated by reference herein. If we make a material addition, to, change or replacement of the terms or conditions of this Agreement (an "Amendment"), we will notify you of the Amendment and you will be required to agree to the Amendment in order to continue using the Platform and Services.

Changes to the Platform

You acknowledge that we can add to, change, replace, cancel or otherwise make unavailable (including but not limited to in respect of any technical or security requirements, or functionality or features of) the Platform at any time (a "Platform Change"). If we make a Platform Change, we will notify you on the Platform and you will be required to agree to the Platform Change in order to continue using the Platform and Services.

Termination and Suspension

We may immediately terminate this Agreement at any time and without notice in our discretion. Your license to use the Platform will terminate on the earlier of when you discontinue your use of the Platform, when we terminate this Agreement, or when we cease to provide the Platform to you for any reason.

Without limiting our other termination rights, we may immediately suspend your use of the Platform or terminate this Agreement if we have reason to suspect that you have used the Platform for fraudulent, illegal, or money laundering purposes, or if you have, in our sole discretion, misused the Platform.

You can close your account at any time. If you close your account, we will keep records of your account for reporting purposes and complete any transactions for which your records are necessary.

Privacy

When you use the Platform, you agree that we may collect your personal information from you and third party sources. Examples of information collected may include: your name, address, telephone number, credit card number and expiry date, driver's license number and expiry date, and date of birth. We may collect, use and disclose this information for a variety of purposes as described in the Hyundai for Hire Privacy Notice (accessible at www.hyundaiforhire.com/privacy).

Security of your Username and Authorization Credentials

You are responsible for maintaining the confidentiality and safekeeping of your Username, and authorization credentials. Your responsibilities include:

  1. keeping your devices in your possession, in a safe place and not letting anyone else use them;
  2. treating your authorization credentials confidentially, memorizing them and not disclosing them to anyone else at any time, including any family member, friend, or financial institution employee;
  3. avoiding the selection of authorization credentials that can be easily guessed, such as a combination selected from your name, date of birth, telephone number(s), address or social insurance number;
  4. not storing your authorization credentials, other than your device biometric ID, on your devices;
  5. not responding to text messages, pop-ups, emails or other internet requests asking you for your authorization credentials or other personal information (even if such messages appear to be from us);
  6. enabling locking features on your devices;
  7. using your own private wireless data connection, and avoiding use of public Wi-Fi services, when you are using the Platform;
  8. always signing out or logging out of any Platform session using the applicable sign out or log out function;
  9. complying with any technical or security requirements we establish from time to time; and
  10. protecting yourself from unauthorized access to the Platform through your device biometric ID.

Do not allow any other person to register his or her fingerprints or any other biometric information on your device. If the biometric information of another person is used to conduct transactions or instruct the Platform, such transactions or instructions will be deemed to be authorized by you.

You will notify us immediately if:

  1. someone else has, or you suspect that someone else has, used your Username or Authorization Credentials;
  2. your Username or Authorization Credentials has, or you suspect that it has, become known to someone else or has otherwise been compromised; or
  3. access your device through biometric ID has, or you suspect that it has, become compromised.

You may notify us by sending an email to the following email address:
hyundaiforhire@scotiabank.com

In addition to notifying us, you must also do the following:

  1. change your Authorization Credentials; and
  2. delete all biometric information from your device.

Charges & Fees

All amounts indicated in the Platform are in Canadian dollars. You are solely responsible for any fees or other charges relating to the use of your device, including but not limited to data plans.

You agree to pay for any transaction or subscription charges (as determined from time to time) that may be applicable for a Service for which your Username or authentication credentials were used, in accordance with the applicable Service’s terms and conditions. Payment may be made using a credit card or other payment methods that we may permit from time to time.

At the completion of each Services transaction, you will be provided with a transaction record through the Platform. In addition, at your request, we will provide you with a transaction record by email.

Your Liability

You are liable for all debts, withdrawals, deposits, transactions, advances, other activity and losses resulting from your use of the Platform.

Should you fail to comply this Agreement you will be responsible for any and all related losses and you will indemnify and hold us, our affiliates or our licensors harmless from any and all alleged, threatened or actual claims in respect thereof.

Our Liability

THE PLATFORM AND THE CONTENT ARE PROVIDED "AS IS" AND "AS AVAILABLE", WITH ALL FAULTS AND WITHOUT WARRANTIES OR CONDITIONS OF ANY KIND. USE OF THE PLATFORM OR THE CONTENT IS AT YOUR OWN RISK.

WE ARE NOT LIABLE TO YOU FOR ANY DELAY, LOSS, DAMAGE OR EXPENSE THAT YOU INCUR WHICH RESULTS FROM OUR PROVIDING OR FAILING TO PROVIDE THE PLATFORM OR ANY SERVICE, INCLUDING IF YOU CANNOT USE YOUR AUTHORIZATION CREDENTIALS AT ANY TIME OR FOR ANY REASON, SUCH AS IF WE CANCEL OR TEMPORARILY DE-ACTIVATE YOUR ACCESS TO THE PLATFORM OR A SERVICE.

WE ARE NOT RESPONSIBLE FOR DAMAGES ARISING FROM YOUR ACTS OR OMISSIONS OR THOSE OF ANY THIRD PARTY, NOR FOR ANY ACCIDENT, ACT OF AGGRESSION, THEFT, LOSS OR DAMAGE YOU MAY SUFFER WHILE USING THE PLATFORM. TO THE EXTENT NOT PROHIBITED BY LAW, IN NO EVENT, EVEN IF WE ARE NEGLIGENT, WILL WE BE LIABLE TO YOU FOR ANY DIRECT, INCIDENTAL, SPECIAL, INDIRECT, CONSEQUENTIAL OR PUNITIVE DAMAGES, OR FOR DAMAGES FOR LOST PROFITS, LOST OR DAMAGED OR CORRUPTED DATA, BUSINESS INTERRUPTION OR ANY OTHER COMMERCIAL DAMAGES OR LOSSES ARISING OUT OF OR RELATED TO YOUR USE OF THE PLATFORM, HOWEVER CAUSED AND REGARDLESS OF THE BASIS OF THE CAUSE OF ACTION INCLUDING, BUT NOT LIMITED TO, CONTRACT OR TORT EVEN IF WE HAVE BEEN PREVIOUSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

You agree that none of our partners, licensors or service providers nor any of their respective licensors or affiliates, will have any obligation to provide you with maintenance services or to support the Platform nor will they have any liability whatsoever (to you or any third party) in relation to the Platform, including without limitation, in relation to any sale, distribution, use, performance or non-performance of any products or services you may be able to access using the Platform. You also acknowledge that each of them will be third party beneficiaries with respect to this Agreement and therefore will be entitled to enforce the terms of this Agreement against you.

Third Party Offerings

The Platform is designed to facilitate your interaction with various Services, including the ability to rent vehicles from dealers or other Services offered by third parties that may be described in other agreements or on the Platform ("Third Party Offerings"). Third Party Offerings are provided by the applicable third party, for example your rental contract, and are not provided under this Agreement.

Your access to and use of any Third-Party Offering is governed by the terms and conditions respecting such Third-Party Offering found on or through the applicable website, application or elsewhere ("Third Party-Terms"). This Agreement does not change any Third-Party Terms. You are solely responsible for fulfilling any commitments you make to the third party making the Third-Party Offering available to you, and for complying with the Third-Party Terms.

We make no representations, warranties or guarantees with respect to any Third Party Offering, nor are we liable to you in any way with respect to any Third Party Offering. Without limiting the foregoing, we are not responsible for any failure to supply, or lack of suitability or quality of, any goods or services provided by a third party and that you may choose to purchase, rent or subscribe to through the Platform. All disputes between you and such party, including your rights to compensation or any rights of set-off, will be settled directly by you with the applicable third party. We do not verify, nor are we required to verify, that any purpose for which the payment is made has been fulfilled by the third party as a condition of honouring your payment.

In addition, the Platform may provide links or access to third party content or websites. We do not endorse any third party website or the information, material, or content contained on a third party website, nor do we guarantee their quality, accuracy, reliability, completeness, currency, timeliness, non-infringement, merchantability or fitness for any purpose. Third party websites and any information, material, or content on such third party website is not under our control, and if you choose to access any such content or website, you do so entirely at your own risk. You acknowledge that you may be required to accept terms of use applicable to such third party content or website and you agree to comply with any such terms of use.

Further Provisions Regarding the Services

In Quebec

The party(ies) to this Agreement has/have requested that this document be drawn up in English. Les parties ont demandé que ce contrat soit rédigé uniquement en anglais.

Governing Law

If you reside or are domiciled in the Province of Quebec, this Agreement is governed by the laws of the Province of Quebec, and any dispute relating to this Agreement will be subject to the exclusive jurisdiction of the courts of the Province of Quebec.

Otherwise, this Agreement will be governed by and interpreted in accordance with the laws of the province of Ontario and the laws of Canada, as applicable. Any dispute relating to this Agreement outside of Quebec will be subject to the exclusive jurisdiction of the courts of the Province of Ontario.

Customer Service and Contact Information

For any questions or concerns (including regarding a lost, stolen or compromised Username or Authorization Credentials or problems with the Platform) you may contact us by sending an email to the following email address: hyundaiforhire@scotiabank.com or contacting us through the Platform.

We will contact you through the information you provide to us on the Platform. It is your responsibility to ensure that your contact information is up to date.

Complaint Resolution

If you have a complaint about the Platform or the Website please contact us at
hyundaiforhire@scotiabank.com.

Definitions You Need to Know

Authorization Credential(s) means each combination of numbers, symbols or letters selected by you, for your use, as a means of confirming your identity, authorizing transactions or accessing the Platform in conjunction with your Username. Your Authorization Credentials include, but are not limited to, information such as access codes, passwords, passcodes, or anything else we permit in the future that allow you to access or use the Platform.

Content means all content displayed in any form or medium on the Platform.

Submission or Submissions means content, material, or other information including registration information that you may be able to submit, post, publish, display, or transmit using the Platform, either to us, other users or other persons through any functionality (such as chat, e-mail, message boards, profiles, or forums).

Username means a combination of numbers or letters that we may allow you to select in connection with your use of or access to the Platform.