These Terms contain important information regarding (1) Hitachi Payment Services Private Limited (“HPY”) web site practices, (2) your responsibility as a user of this Web site and related services, and (3) the procedures by which these practices and responsibilities will be determined.

By accessing, browsing, using, framing and/or linking to this Web site (“Site”), you acknowledge that you have read, understood and have agreed to be bound by these Terms and to comply with all applicable laws and regulations. Users of this Site acknowledge that they are 18 years of age or older. If you do not agree to these Terms, do not use this Site.

These Terms include additional terms and conditions and policies which are referenced elsewhere in this document. In the event that one or more provisions of the Terms shall, for any reason, be held to be invalid, illegal, or unenforceable in any respect, such validity, illegality, or unenforceability shall not affect any other provision contained in the Terms, or any other policy, term of HPY, which shall remain valid and enforceable.

Copyright, Disclaimer, Usage Agreement

Disclaimer

The following terms and conditions apply to all visitors to or users of the site both now and in the future. By accessing this site, the user acknowledges acceptance of these terms and conditions. HPY reserves the right to change these terms and conditions from time to time at its sole discretion without notice. In the case of any violation of these terms and conditions, HPY reserves the right to seek all remedies available by law and in equity for such violations.

Copyright and Trademarks

The trademarks, logos, and service marks, including but not limited to HPY and other names, logos, and icons identifying products and services (collectively, “Trademarks”) displayed on the Site, are registered and unregistered Trademarks of HPY, its affiliates, suppliers or others. Certain portions of the Site are identified as being the subject of a specific copyright held by an entity other than HPY and, as such, may not be copied without the permission of the holder of the copyright.

No other use of the Materials is authorized. In consideration of this authorization, you agree that any copy of the Materials (or any portion of the Materials) that you make shall retain all copyright and other proprietary notices contained herein or therein. You may not copy or display for redistribution to third parties or for commercial purposes any portion of the Materials. The services, technology, and/or processes described in this Site may be the subject of intellectual property rights reserved by HPY or other third parties. Nothing contained herein shall be construed as conferring to you in any manner, whether by implication, estoppel or otherwise, any license, title, or ownership of or to any intellectual property right of HPY or any third party.

Liability Disclaimer

THE INFORMATION CONTAINED IN THIS SITE IS PROVIDED AS A COURTESY FOR HPY’s CUSTOMERS. HPY HAS PROVIDED THE INFORMATION IN GOOD FAITH AND HAS MADE REASONABLE EFFORTS TO MAKE THE INFORMATION AS ACCURATE AND UP-TO-DATE AS POSSIBLE.

THIS INFORMATION IS PROVIDED “AS IS” WITHOUT ANY WARRANTY OR REPRESENTATION OF ANY KIND, EITHER EXPRESS OR IMPLIED INCLUDING BUT NOT LIMITED TO THOSE OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT, ACCURACY, AUTHORITY, COMPLETENESS, USEFULNESS AND TIMELINESS.

IN NO EVENT SHALL HPY BE LIABLE FOR ANY PUNITIVE, DIRECT, INDIRECT, SPECIAL, INCIDENTAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES INCLUDING WITHOUT LIMITATION LOST REVENUE OR PROFITS, LOST OPPORTUNITY, TIME OR ANY OTHER LOSS RESULTING FROM RELIANCE ON THE INFORMATION CONTAINED ON THIS SITE INCLUDING DAMAGES ARISING FROM INACCURACIES, OMISSIONS OR ERRORS OR ARISING OUT OF THE USE OR INABILITY TO USE THIS WEB SITE, EVEN IF HPY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR SUCH DAMAGES ARE FORESEEABLE AND HOWEVER ARISING, INCLUDING NEGLIGENCE. IN NO EVENT WILL THE LIABILITY OF HPY BE IN EXCESS OF THE AMOUNT PAID FOR USE OF THE WEB SITE OR INR. 5000/-, WHICHEVER IS LESS.

THE INFORMATION CONTAINED IN THIS SITE MAY CONTAIN INACCURACIES OR TYPOGRAPHICAL ERRORS. THIS SITE MAY BE CHANGED OR UPDATED FROM TIME TO TIME WITHOUT NOTICE.

No advice or information, whether oral or written, obtained by you from HPY, shall create any warranty not expressly made herein.

HPY periodically schedules system downtime for maintenance and other purposes. Unplanned system outages also may occur. HPY shall have no liability whatsoever for the resulting unavailability of the Site or for any loss of data or transactions caused by planned or unplanned system outages or the resulting delay, mis delivery, or non-delivery of data or other information caused by such system outages, or any third-party acts or any other outages of Web hosting providers or the Internet infrastructure and network external to the Site.

Linkage

The Web sites linked to this Site are not under the control of HPY and HPY is not responsible for and makes no representations or warranties concerning the contents of any linked site or any link contained in a linked site. HPY provides links to you only as a convenience and the inclusion of any link does not imply endorsement, investigation or verification by HPY of the linked site. If you decide to access any of the third-party sites linked to this Site, you do so entirely at your own risk. HPY reserves the right to terminate any link or linking program at any time. You acknowledge that this Site may link to other Web sites not controlled by HPY and that HPY is not responsible for the data collection policies of these sites. In the event that you have a dispute with any such third party, you release HPY from any and all claims, demands, and damages pursuant to the relevant provisions contained here.

There may be circumstances where access to this Site is provided by a hypertext link located at another Web site. HPY does not make any representations or give any warranties with respect to any information contained in or at these other sites and HPY shall not be liable for any damages or injury arising from the content of these other sites. HPY does not endorse the individuals, companies, or other similar entities, or any products or materials associated with such individuals, companies, or other similar entities, which provide a link to this Site at their Web sites. Unless approved in writing in advance by HPY, you agree not to: (a) provide or create a link to this Site; and (b) create any frames at any other Web sites pertaining to any of the Materials located at this Site. Contact the HPY Webmaster at info@hitachi-payments.com to seek approval for linking to this Site.

Viruses, etc.

HPY assumes no responsibility, and shall not be liable for any damages to, or viruses that may infect, your computer equipment or other property on account of your access to, use of, or browsing in this Site or your downloading of any materials, data, text, or images from this Site.

Updates

The Materials published on this Site may include technical inaccuracies or typographical errors. Changes – including, but not limited to, quoted prices – may be made periodically to the Materials. HPY may also make improvements and/or changes in the services and/or the programs described in the Materials at any time without notice. HPY shall have the right to revise these Terms at any time by updating this posting. By linking, accessing, browsing, and/or using this Site, you agree to be bound by any such revisions and should therefore periodically read these Terms to determine the current Terms to which you are bound.

Indemnification

You agree to indemnify, defend, and hold HPY, its officers, directors, employees, affiliates, partners, suppliers, subsidiaries and other third parties harmless from any and all liabilities, costs, expenses, including reasonable attorneys fees, related to any violation of these Terms, Copyright, Disclaimer, and Usage Agreement by you, or in connection with your use of this Site or with the placement or transmission of any message or information on this Site by you. At HPY’s sole discretion, and at your expense, HPY may provide notice to you of its election to assist you in defending such claim, suit or proceeding, but doing so will not excuse you from your indemnity obligations.

Compliance With Applicable Laws; Export Control Laws

All applicable federal, state and local laws govern user access to this Site. All information on this Site is subject to Export Control laws of India and the Export Control Policy of HPY and may also be subject to the laws of the country where you reside and/or are gaining access to this Site.

User Communications

Subject to the parameters and restrictions set forth in our Online Privacy Policy, HPY is under no obligation to refrain from reproducing, publishing, or otherwise using communications you send to or receive from this Site or otherwise send to or receive from HPY by electronic mail or other electronic means, including any ideas, inventions, concepts, techniques, or know-how disclosed therein, for any purpose, including the developing, manufacturing, and/or marketing of products or services incorporating such information. You hereby give HPY your consent to use your personal data consistent with HPY’s Online Privacy Policy.

Usage

By accessing this Site you agree not to: (a) use any content obtained as part of a commercial product, service or content offering for your personal benefit; (b) use any data obtained for solicitations, commercial or otherwise; (c) sell or otherwise distribute any data obtained; (d) incorporate  any data into any e-mail or other “white pages” products or services, whether browser based, based on proprietary client-side applications, Web based, or other; or (e) use the data in a manner which could be reasonably expected to offend any person for whom the data is relevant.

You further agree not to (a) use any automated means, including spiders, robots, crawlers or the like to download data from the Site; (b) enter any data that is libellous, defamatory or unlawful, or that violates or infringes any trademark, copyright or similar rights of others; or (c) knowingly enter any data which is false or misleading.

HPY reserves the right to deny access to any user or group of users to the Site, at HPY’s sole discretion, at any time, and for any reason or no reason, without liability and without advance notice to you.

HPY may independently investigate, involve and/or cooperate with law enforcement authorities in prosecuting or investigating users. HPY’s sole judgment applies to determinations of these limitations and prohibited uses.

Services Availability

HPY may provide access to international information, which information may contain references or cross references to programs and services that are not currently available in your country of residence. HPY provision of references to such programs and services does not necessarily mean or otherwise imply that the programs and services announced or discussed are available in countries other than India. HPY provision of references to such programs and services does not necessarily mean or otherwise imply that the programs and services announced or discussed are available in all Indian markets or all markets where HPY conducts business.

Consent to Electronic Form of Contract

BY YOUR ACCESS AND USE OF THIS WEB SITE AND SERVICES BY OR THROUGH IT, YOU ACKNOWLEDGE AND CONSENT TO THE ELECTRONIC FORM OF THESE TERMS AND CONDITIONS OF USE. You agree that these provisions, in printed or electronic form, shall be admissible in judicial or arbitration proceedings, to the same extent and subject to the same conditions as other documents and records generated and maintained in written form. Your consent to electronic form extends to all written notices sent by HPY. You acknowledge that you have the necessary hardware and software to access these provisions as posted on HPY’s Web sites and will maintain such hardware and software throughout your use of this Web Site and its services. You may withdraw your consent to the electronic form of contracting with HPY, but in that event, your authorization to use and access this Web Site shall be immediately terminated.

Governing Law And Jurisdiction: Compliance With Laws

These Terms and access to this Site are governed by the Indian laws. Any legal action or proceeding relating to your access to, or use of, this Site shall be instituted only in the corrupts of Mumbai, India. You and HPY agree to submit to the jurisdiction of, and agree that venue is proper in, the court in any such legal action or proceeding.

Waiver

No delay or omission by HPY to exercise any right occurring upon any noncompliance on your part with respect to any of these Terms shall impair any such right or power or be construed to be a waiver thereof. Any waiver by HPY of any of the covenants, conditions, or agreements to be performed by you shall not be construed to be a waiver of any succeeding breach thereof or of any covenant, condition, or agreement herein contained.

Survival

The provisions herein dealing directly or indirectly with intellectual property, disclaimers of warranties, limitation of liability, compliance with laws and regulations, security, dispute resolution and use restrictions and prohibitions continue to apply and shall survive the termination or expiration of any relationship between you and HPY.

Severability

Each of the terms and limitations provided by these Terms, including referenced terms and policies, are important to HPY. In the event any provision contained herein, including referenced terms and policies, is held by a tribunal of competent jurisdiction to be contrary to the law, the remaining provisions herein shall remain in full force and effect, to the maximum extent possible.

Disclaimer and limitation of liability

1. You hereby expressly agree that, we shall be entitled to use the information provided to us in the lead form or during the Consultation session for any demand generation or opportunity identification. With your consent, we may use the information for Sales purposes. You expressly agree that our Sales representative may contact you or your representatives for further conversations.
2. This website and any Consultation provided to you contains general information only, and we are not, by means of this the Consultation, website or any part thereof, rendering professional advice or services. The information contained herein should not be construed as a substitute for professional advice.
3. Any advice and content provided to you is provided as is, to the best of our knowledge and for information purposes only, and we make no express or implied representations or warranties regarding it. Without limiting the foregoing, we do not warrant that any information provided to you will be error-free or will meet any particular criteria of performance or quality. We expressly disclaim all implied warranties, including, without limitation, warranties of merchantability, title, fitness for a particular purpose, non-infringement, compatibility, security, and accuracy.
4. Your use of this website is at your own risk and you assume full responsibility and risk of loss resulting from your usage. We will not be liable for any direct, indirect, special incidental, consequential, or punitive damages or any other damages whatsoever, whether in an action of contract, statute, tort (including, without limitation, negligence), or otherwise, relating to the use of this website.
5. We may, without notice to you, at any time, revise these Terms of Use and any other information contained in this website. We may also make improvements or changes in the products, services, or programs described in this site at any time without notice.

Confidential information

The intention of the consultation is not to receive any confidential or proprietary information from you through our website or through the consultation. Please note that any information or material sent to HPY will be deemed NOT to be confidential. By sending any information or material to us, you grant HPY an unrestricted, irrevocable license to copy, reproduce, publish, upload, post, transmit, distribute, publicly display, perform, modify, create derivative works from, and otherwise freely use, those materials or information. You also agree that HPY is free to use any ideas, concepts, know-how, or techniques that you send us for any purpose. However, we will not release your name or otherwise publicise the fact that you have submitted materials or other information to us unless: (a) we obtain your permission to use your name; or (b) we first notify to you that the materials or other information you submit to a particular part of this site or during consultation will be published or otherwise used with your name on it; or (c) we are required to do so by law. Personally-identifiable information that you submit to HPY for the purpose of receiving products or services will be handled in accordance with our privacy policies. We may make such any information disclosed to us during consultation available to its Affiliates, employees, third party service providers, and to regulatory authorities.

LIMITATION OF LIABILITY

1. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL HPY BE LIABLE TO ANY PARTY FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES OF ANY TYPE WHATSOEVER RELATED TO OR ARISING FROM THIS WEBSITE OR ANY USE OF THIS WEBSITE OR THROUGH CONSULTATION, OR OF ANY SITE OR RESOURCE LINKED TO, REFERENCED, OR ACCESSED THROUGH THIS WEBSITE, OR FOR THE USE OR DOWNLOADING OF, OR ACCESS TO, ANY MATERIALS, INFORMATION, PRODUCTS, OR SERVICES, INCLUDING, WITHOUT LIMITATION, ANY LOST PROFITS, BUSINESS INTERRUPTION, LOST SAVINGS OR LOSS OF PROGRAMS OR OTHER DATA, EVEN IF HPY IS EXPRESSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THIS EXCLUSION AND WAIVER OF LIABILITY APPLIES TO ALL CAUSES OF ACTION, WHETHER BASED ON CONTRACT, WARRANTY, TORT, OR ANY OTHER LEGAL THEORIES.

General

1. Except as otherwise expressly set forth herein, these Terms supersede any prior agreements or terms of service on the same subject matter and will govern your participation in the Consultation. These Terms may be modified by the HPY from time to time at any time and you are responsible for any updates posted on the web site or sent to you by HPY.
2. The failure of the both parties at any time to enforce any right or remedy available to it under these Terms with respect to any breach or failure by the other party shall not be construed to be a waiver of such right or remedy with respect to any other breach or failure by the other party. Any clause of these Terms that is prohibited or unenforceable in any jurisdiction is ineffective as to that jurisdiction to the extent of that prohibition or unenforceability. That does not affect the validity or enforceability of that clause in any other jurisdiction nor invalidate the remaining clauses of these Terms.
3. Both parties agree that each is acting independently of the other, that both parties are not joint ventures, and that neither is an agent of the other
4. All notices to HPY, made under or in connection with these Terms, shall be in writing and enclosed in a registered or certified postpaid envelope, if to HPY, addressed to:

Hitachi Payment Services Private Limited.

# 401, 4th Floor, Silver Metropolis,

Jai Coach Compound,

off Western Express Highway,

Goregaon (E), Mumbai – 400 063

Attention: info@hitachi-payments.com  with a copy to corplegal@hitachi-payments.com (Legal Department)