TERMS AND CONDITIONS FOR USE OF hmg-Partner ID System

The Terms and Conditions (“Terms”) apply to registration and use of the hmg-Partner ID System by users (“you”, “your” or “Members”, a unified login credential and account system designed for the partners of Hyundai Motor Group companies (“HMG Affiliates”). By registering for and using the hmg-Partner ID System (the “Account”), you agree to be bound by these Terms and the terms, conditions and procedures forth in these Terms, which form a binding agreement between you and Hyundai Autoever (“Company”, “Hyundai”, “we”, “us” or “our”), including THE DISPUTE RESOLUTION POLICY AT ARTICLE 26 AND YOUR AGREEMENT TO OUR PRIVACY POLICY.

THE hmg-Partner ID System IS SUBJECT TO ALL TERMS AND CONDITIONS CONTAINED HEREIN AND ALL APPLICABLE LAWS AND REGULATIONS. IF YOU DO NOT AGREE WITH ANY OF THESE TERMS, OR OUR PRIVACY POLICY, DO NOT USE, ACCESS OR USE THE ACCOUNT.

Article 1 (Overview)

The Account is provided to Members, who are employees or authorized users of HMG Affiliates, to enable them to integrate the IDs of various services (hereinafter referred to as “Individual Services”) offered by HMG Affiliates, and to use them as one ID in accessing all the services offered through the Account.

Article 2 (Effectiveness and Change of Terms)

• These Terms shall be effective for all Members who wish to use the Account.
• These Terms shall be posted on [Hyundai Autoever's website] at [https://partner.hmg-corp.io/, https://partnerid.hmg-corp.io/, https://admin-partner.hmg-corp.io/,] or such URL as may be designed by the Company (hereinafter referred to as the “Website”) or otherwise notified to Members, and shall take effect when a Member accepts such Terms when signing up for an Account.
• The Company may change these Terms as deemed necessary, and if the Company changes the Terms (“Revised Terms”) , it shall specify the effective date of the Revised Terms and the reason for the changes and notify the Member 7 days prior to the effective date of the Revised Terms by posting them on the Website as set forth in Paragraph 2. However, if the change is unfavorable to the Member in a material manner, the Company will use reasonable efforts to notify the Member directly on an individual basis 30 days before the effective date of the Revised Terms either by email or other appropriate means to the address listed in the Member’s Account. However, if it is difficult to notify the Member individually due to the lack of or incorrect or invalid contact information of the Member, the Member shall be deemed to have been notified individually by the posting of the Revised Terms on the Website. Changes to these Terms that affect the collection, processing, or sharing of personal information will be communicated to Members in the European Union and the United Kingdom in compliance with the General Data Protection Regulation (GDPR). Where such changes relate to data protection, explicit consent will be obtained if required by applicable Data Protection Laws. If required by applicable Data Protection Laws, Members will be notified 30 days in advance, and their explicit consent will be sought through email, or other appropriate means.
• If the Company notifies or notifies the Member of the Revised Terms pursuant to Paragraph 3, stating that if the Member does not indicate his/her refusal by the effective date of the Revised Terms, he/she shall be deemed to have agreed to the Revised Terms, and the Member does not expressly indicate his/her refusal to the change, the Member shall be deemed to have agreed to the Revised Terms. If the Member does not agree to the Revised Terms, the Member may stop using the Account and terminate the Agreement.
• The Member shall regularly visit the website operated by the Company to check for any changes to the Terms. The Company shall not be liable for any damage caused by the Member's failure to know the information about the changed Terms unless the Company has no fault.
• These Terms and Conditions apply to each service that can be accessed using hmg-Partner ID System.

Article 3 (Rules outside the Terms and Conditions)

Regarding matters not specified in these Terms, related Republic of Korea laws will be applied.

Article 4 (Definitions)

• The following terms when used in the Terms in a capitalized form shall have the following meanings.
  • hmg-Partner ID System or Account: refers to the membership management system established by the Company for use by employees or authorized users of partner entities of HMG Affiliates. The Account enables such users to access various systems and services of HMG Affiliates using a single ID and password, and to manage user information, access requests and approvals, and other account-related activities in an integrated manner.
  • Member: means an individual who is an employee or authorized user of a partner entity of HMG Affiliates, who has agreed to these Terms and has applied for and been accepted by the Company and issued an ID and Password to use the hmg-Partner ID System by the Company or an HMG Affiliate.
  • HMG Affiliate: means an entity that is part of the Hyundai Motor Group and participates in the provision, operation, or integration of systems or services accessible via the hmg-Partner ID System. HMG Affiliates may be added or changed, in which case the Company will notify the Member in the manner prescribed in Article 19 of these Terms.
  • Individual Services: Refers to the information and communication services provided by the HMG Affiliate to the Member that must be accessed using the hmg-Partner ID System. Individual services may be added or changed, in which case the Company shall notify the Member in the manner prescribed in Article 19 of these Terms.
  • ID: A combination of English letters, numbers, and special characters selected by the Member and approved by the Company for identification of the Member and use of the Services by the Member with one ID that can be used equally for each Individual Service through the Account. The Company may predetermine the types of IDs (email, phone number, etc.) that can be selected by the Member for consistent ID policies.
  • Password: means a combination of 8 or more alphabetic upper and lower case letters, numbers, and special characters set by the Member for access to and the protection of the Member's information and Account.
  • hmg-Partner ID System Provision Screen: Refers to the screen provided when a Member performs an action such as signing up for an Account.
  • Common Management Information: means the ID information and required fields entered by the Member during the application process for the use of the Account. When a Member applies to use an Individual Service, the Common Management Information is automatically provided to the Individual Service to simplify the application process. Depending on the type of Individual Service applied for by the Member, it may include real name verification and identification information.
  • Data Protection Laws: means any applicable law relating to the privacy and security of personal information or personal data, including but limited to the European Union’s General Data Protection Regulation and the UK Data Protection Act.

Article 5 Registration of Account and sign-up to Individual Services

The registration application shall be made by the Member entering the Common Management Information into the registration form provided on the sign-up page of the relevant Individual Service or website.

Article 6 (Eligibility)

• In order to be eligible to apply for an Account, you must be an employee or an authorized user of a partner entity that has entered into a partnership with an HMG Affiliate, and be of the age of legal majority in your jurisdiction with the legal capacity to enter into contracts, or have the consent of your parent or legal guardian to enter into these Terms.
• You further affirm that (a) you are not a resident of (or will use the Account) a country that the U.S. government has embargoed for use of the Services, nor are you named on the U.S. Treasury Department's list of Specially Designated Nationals or any other applicable trade sanctioning regulations, and (b) you are fully able and competent, or have the consent of your parent or legal guardian, to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in these Terms, and to abide by and comply with these Terms. The Company impose additional qualifications and criteria for use of the Account, and certain uses the Account may be restricted depending on the Member's qualifications.
• Your application will be submitted to the Company for its approval. hmg-Partner ID System is not available to individuals under the age of 16. Once your application has been approved, you will be deemed to have agreed to these Terms for the use of the Account.

Article 7 (Approval and Restrictions on Use of Account)

• Any application to use an Account is subject to approval by the Company in its sole discretion. The Company may withhold approval or refuse to approve an application for any reason, including, but not limited to, the following:
  • If it is technically impossible to provide an Account.
  • If the applicant provide false, inaccurate or incomplete information, such as using another person's name or phone, such as performing text message (SMS) authentication, universal public authentication, or credit card authentication without the permission of the mobile phone owner.
  • If you apply for user registration by omitting or misrepresenting user registration information.
  • If the application is made for the purpose of interfering with or disrupting the well-being of society or public morals and customs.
  • If the applicant has not completed the authentication procedure prescribed by the Company, such as e-mail authorization or text message (SMS) authentication.
  • If a Member who has been suspended terminates their Account for a new Account during the period of such suspension.
  • If the Member does not meet eligibility requirements or it is confirmed that the application is illegal or for other reasons specified by the Company in its sole discretion.
  • If it is confirmed that the application is illegal or if the Company cannot accept the application due to reasons responsible for the Member.
• The Company may categorize the qualifications of Members based on the criteria set by the Company, and some of the use of the hmg-Partner ID System may be restricted depending on the Member's qualifications.

Article 8 (Member Information)

The Member is responsible for ensuring all information provided in their Account is accurate, current and complete and for updating that information promptly. In the event of any changes to the personal information provided at the time of registration, the Member shall request such changes through the administrator or personnel designated by the Company. If the Member wishes to update their personal information, they must submit a request in accordance with the procedures established by the Company or undergo a separate verification process. Upon receiving such a request, the Company shall process the changes without undue delay.

The Company shall not be held liable for any issues arising from the Member’s failure to notify or request changes to their personal information, unless such issues are attributable to the Company.

Article 9 (Account Services)

The services provided by the Company in the Account in conjunction with Individual Services are as follows.

• Unified ID: Members can use the Individual Services by using one ID and Password issued by signing up for Account.
• Other services provided by the Company, its subsidiaries, and its affiliates.

Article 10 (Commencement of Provision of the Account)

• The Account will be made available to the Member upon the Company’s approval of the Member's application for use, except that in certain cases.
• If the Company is unable to provide the Account due to business or technical difficulties or a Force Majeure Event, the Company shall use reasonable efforts to disclose this on the Website or notify the Member to the email address or phone number indicated on the Member’s Account.

Article 11 (Hours of Use of the Account)

The Company will use commercially reasonable efforts to have Account available 24 hours a day, 7 days a week, 365 days a year, subject to interruptions due to Force Majeure Events and suspension due to scheduled maintenance and other business or technical reasons, or for operational purposes (including as set forth in Article 12), as determined by the Company in its sole discretion. In such cases, the Company will may you in advance or afterward of any such suspension.

Article 12 (Changes and Suspension of Account)

• If the Company needs to change the Account, the Company may do so by notifying the Member of the change and the effective date of the change in the manner prescribed in Article 17.
• The Company may further limit or suspend all or part of the Account in any of the following cases.
  • The Account cannot be made available due to construction work such as maintenance of facilities for the Account;
  • If the Member interferes with the Company's business activities or violates its obligations under Article 17;
  • If there is any interference with or interruption of the normal use of the Account due to server or network interruptions or failure, hacking or ransomware attacks, power outage, internet outage, failure of facilities, or excessive usage volume;
  • If the Company is unable to maintain the Accounts due to various circumstances such as management judgment, termination of contracts with related companies, government orders/regulations, or other causes outside of the Company’s control;
  • If there are other force majeure reasons such as Acts of God, epidemics, war, strikes, fire, flood, natural disasters or national emergencies (collectively, the reasons specified in subsection 3, 4 and 5 shall be referred to as “Force Majeure Events”); or
  • Any other reason or cause as determined by Company in its reasonable discretion.
• In the case of discontinuation of the Account under Paragraph 2, the Company shall notify the User in the manner prescribed in Article 17. However, this shall not apply if prior notice is not possible due to a Force Majeure Event.
• In the event of a suspension or change in service, if required by Data Protection Laws the Company will ensure that personal information is retained or deleted in compliance with such Data Protection Laws (including the GDPR) and the Company's data retention policies. Members will be informed about how their data will be managed during this period, and any withdrawal of consent will be promptly honored.

Article 13 (Provision of Information)

• The Company may post or provide Account-related information to Members either through notifications on the Website or on the hmg-Partner ID System screen, or directly to a Member by e-mail.
• Member agrees that any communications or transactions with an advertisement from a third party advertiser (“Advertiser”) is strictly with that Advertiser and not with Company. Company makes no representations or warranties regarding any such Advertiser, advertisement or products or services referenced in an advertisement.

Article 14 (Obligations of the Company)

• The Company shall ensure full compliance with applicable Data Protection Laws (including GDPR), including, if required, obtaining explicit consent from Members for the processing of personal information and providing them with the rights to access, rectify, or delete their personal data. The Company will not share personal data with third parties without the Member's explicit consent unless required by law or as otherwise specified in these Terms or the Company’s privacy policy.
• The Company may use the personal information of all or part of the Members without the prior consent of the Members in connection with providing the Account and the Company’s business and otherwise set forth in the Company’s privacy policy. The Company can further compile Member usage of the Account into statistical data that does not specifically identify the Member, and may send cookies to the Member's computer and other devices for this purpose.
• If you have any complaints about the Account or the Individual Services, please contact the Company at [hmg-partnerid@hyundai-autoever.com]. The Company shall promptly handle any complaints received from the Member regarding the Account, and if it is difficult to handle the complaint promptly, the Company shall post the reason and schedule for handling the complaint on the Company Motor Company Integrated Account screen for that Member or notify the Member via e-mail at the e-mail address in the Account. This is separate from the procedure for submitting disputes as set forth in Article 23.
• The Company shall comply with all applicable laws and regulations related to the operation and maintenance of the Account.

Article 15 (Obligations of Members)

Members shall not engage in any of the following acts when using their:

• provide false information when applying for or changing the Account, steal or fraudulently use another Member's ID and password, use another person's name, or perform e-mail authentication without the permission of the named person;
• reproduce, distribute, or commercially use information obtained by using the Account without prior consent of the Company;
• damage the honor of others or cause disadvantage to others;
• infringe on the copyright, trademark, trade secret or other rights of the Company or a third party;
• disseminate information, sentences, shapes, voices, etc. that violate public order and morals to others;
• register or distribute computer virus-infected materials that cause destruction or confusion, such as malfunction of facilities or information related to the Account;
• intentionally interfere with the operation of the Account or send advertising information or spam mail or spam messages against the recipient's express refusal to receive such information or information that may interfere with the stable operation of the Account;
• impersonate others or misrepresent your relationship with others;
• collect, store, or disclose other members' personal information without their permission;
• distributed false information for the purpose of obtaining property benefits for oneself or others or causing damage to others;
• use the Account for gambling for money or engaging in speculative behavior;
• distribute information that arranges for sexual activities or simulates fornication;
• interfere with any other person's daily life by continuously sending words, sounds, texts, images, or videos that cause shame, disgust, or fear to the other person and causing the other person to feel embarrassed, disgusted, or frightened;
• alter the information posted on the Website or hmg-Partner ID System offer screen;
• transmit or post information (including computer programs) whose transmission or posting is prohibited by applicable laws and regulations;
• post materials or send e-mails or messages by impersonating or misrepresenting an employee or operator of the Company or by using the name of another person;
• post, e-mail or message materials that contain software viruses or any other computer code, files or programs designed to interrupt or destroy the normal operation of computer software, hardware or telecommunications equipment;
• harass other members, including stalking; or
• commit other illegal acts

• The Member shall comply with the relevant laws and regulations, the provisions of these Terms, the precautions notified on the website or hmg-Partner ID System screen, and the matters notified by the Company, and shall not engage in any other acts that interfere with the business of the Company.
• The Member shall not engage in any sales activities using the Account to sell products except as officially authorized by the Company.
• The Member shall immediately update the registration information if there is any change in the registration information. If the registration information provided by the Member and the updated registration information is inaccurate, or if the Member engages in any of the acts specified in Paragraph 1 of this Article, the Company may restrict or suspend the use of the Member's ID in accordance with Article 19.

Article 16 (Duties and Responsibilities for Managing Member ID and PASSWORD)

• The Member shall be responsible for any consequences arising from neglect of management or unauthorized use of the Member's ID and password and from any use or activities on the Member’s Account whether authorized or not.
• The Member is responsible for maintaining the security and confidentiality of that Member’s ID and Password and is prohibited with sharing that ID and Password with any third party without the Company’s written permission. The Member shall immediately notify the Company and follow the instruction of Company if it becomes aware of any unauthorized use or disclosure of that Member’s ID or Passwords or if they recognize that their ID and Password have been stolen or are being used by a third party.
• In order to prevent the spread of damage caused by personal information leakage, the Company may periodically require the Member to update their Password. The Member shall promptly update their Password after authenticating his/her identity in accordance with the Company's password operation policy, and if the Member fails to perform the password change procedure in accordance with the Company's password operation policy, the Member may be restricted from logging in to protect his/her personal information.
• The Member's ID may not be changed without the prior consent of the Company.

Article 17 (Notification to Members)

• The Company may send notifications to Members to the e-mail address by the Member in the Account. Member specifically agrees to receive all communication and notices under these Terms in electronic form at the e-mail address registered by the Member in the Account or through notifications posted to Member’s Account.
• The Company may also meet their notification obligations by posting notifications to Members on the Website or hmg-Partner ID System page if (a) the Member has not provided or updated his/her contact information (e.g. an email is returned as undelivered), (b) circumstances make it difficult to provide individual notifications, or (c) the Company is making notifications that are generally applicable to an unspecified number of Members in accordance with these Terms.

Article 18 (Change and Protection of Personal Information)

• The Member agrees that the Company’s use and processing of the Member’s personal information is subject to the Company’s Privacy Policy, which Member accepts in registering for an Account. In general, the Company shall not use the Member's personal information for any purpose other than to provide the Account or provide personal information to a third party without the Member's consent, except as set forth in the Privacy Policy. This includes, but is not limited to disclosures in the following cases.
  • To vendors, contractors and service providers that are providing services or performing functions for the Company in connection with the Account, who are required by contract to protect the personal information in accordance with applicable Data Protection Laws.
  • When permitted or required by law, including Data Protection Laws.
  • When it is deemed necessary to protect the life, body, or property of the Member or a third party because the Member is in a state where he/she cannot express his/her will or cannot obtain prior consent from the Member due to unknown address, etc.
  • When personal information is provided in a de-identified, aggregate or other form that cannot recognize a specific individual as necessary for the purpose of statistical compilation, academic research, etc.
• The Company endeavors to protect the personal information of Members, including member registration information, in accordance with applicable Data Protection laws and the Company's privacy policy.

Article 19 (Termination)

• If the Member wishes to terminate the Account, the Member shall apply for termination to the Company through the Website or a separate method prescribed by the Company. Upon termination, the Member’s right to access and use the Account shall be terminated and all data, including personal information, the Account is subject to deletion by the Company.
• If the Member fails to fulfill the Member's obligations under Article 15, the Company may immediately terminate or suspend the use of the Account without prior notice. The Company may otherwise terminate a Member’s Account upon 10 days or the notice period required by applicable law if a Member is in breach of these Terms and fails to cure the breach within the notice period.
• The Company may restrict the use of the Account based on the Member's qualifications even after the Member has been granted an ID and Password.
• Members may appeal the Company's actions in Paragraphs 2 and 3 of this Article in accordance with the procedures established by the Company. If the Company determines that the Member’s objection to the Company’s actions is justified, the Company shall promptly restore the Member’s access to the Account and Individual Services.

Article 20 (Prohibition of Transfer)

The Member may not assign, transfer or bequeath the right to use Account to another person or entity, whether by operation of law or otherwise. Any such assignment, transfer or bequest is void and will result in termination of the Account and access to the Individual Services.

Article 21 (Compensation for Damages)

• If the other party suffers damages due to the violation of the provisions of these Terms by the Member or the Company, the party that violates these Terms shall compensate the other party for all damages incurred.
• If the Company receives a claim for damages or a lawsuit or other complaint from a third party other than the Member due to an illegal act committed by the Member in using the Account or a violation of these Terms, the Member who is at fault shall indemnify the Company at his/her own risk and expense, and the Member who is at fault shall compensate the Company for any damages incurred by the Company as a result.

Article 22 (Indemnification)

• The Company shall be exempted from responsibility for providing the Account if the Company is unable to provide the Account due to natural disasters or similar force majeure.
• The Company shall not be liable for any failure to use the Account due to reasons attributable to the Member unless there is no reason attributable to the Company.
• The Company shall not be liable for any loss of profits expected by the Member using the Account, nor shall the Company be liable for any damages caused by the data obtained through the Account, unless there is no reason attributable to the Company.
• The Company shall not be obligated to intervene in any disputes between Members or between Members and third parties that arise through the Account unless there is no cause attributable to the Company, and shall not be liable for any damages resulting therefrom.

Article 23 (Jurisdiction)

• In the event of a dispute between the Company and the Member regarding the use of the Account or these Terms, the Company and the Member shall consult in good faith to resolve the dispute, provided that the foregoing shall not prohibit the Company from seeking a temporary restraining order or preliminary injunction relating to infringement of the Company’s intellectual property rights, breach of security of the Account or any violations of Article 15.
• If the dispute is not resolved by consultation under Paragraph 1 of this Article, either party may file a lawsuit in a court of competent jurisdiction, except as set forth herein. For Members residing in the European Union, disputes shall be submitted to the jurisdiction of the courts of the Member's country of residence. For Members residing in the United States, the parties shall submit any dispute to binding arbitration under Paragraph 2 of this Article. For all other Members, the Republic of Korea Seoul Central District Court shall be the exclusive jurisdiction of the first instance.

Article 24 (General Provisions)

• These Terms, including the Privacy Policy and other policies incorporated herein, constitute the entire and only agreement between you and Company with respect to the subject matter of these Terms, and supersede any and all prior or contemporaneous agreements, representations, warranties and understandings, written or oral, with respect to the subject matter of these Terms.
• If any provision of these Terms is found to be unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from these Terms and shall not affect the validity and enforceability of any remaining provisions.
• These Terms may not be changed, waived or modified except by Company as provided herein or otherwise by written instrument signed by Company.
• Neither these Terms nor any right, obligation or remedy hereunder is assignable, transferable, delegable or sublicensable by you except with Company’s prior written consent, and any attempted assignment, transfer, delegation or sublicense shall be null and void.
• Company may assign, transfer or delegate these Terms or any right or obligation or remedy hereunder in its sole discretion.
• No waiver by either party of any breach or default hereunder shall be deemed to be a waiver of any preceding or subsequent breach or default.