Terms and Conditions for Use of Parts Authenticity Check Service


ACCEPTANCE

PLEASE BE SURE TO READ THESE TERMS & CONDITIONS CAREFULLY BEFORE USING THIS APPLICATION. THESE TERMS & CONDITIONS CONTAIN VERY IMPORTANT INFORMATION FOR YOUR RIGHTS AND OBLIGATIONS. YOUR USE OF THIS APPLICATION INDICATES YOUR AGREEMENT TO BE LEGALLY BOUND BY ALL TERMS, CONDITIONS, AND NOTICES CONTAINED OR REFERENCED IN THE CURRENTLY POSTED TERMS & CONDITIONS. IF YOU DO NOT AGREE TO THESE TERMS & CONDITIONS, YOU DO NOT HAVE THE RIGHT TO USE THIS APPLICATION.


Article 1: (Scope of Application)

These Terms and Conditions for Use of the “Parts Authenticity Check Service” (herein referred to as “Terms & Conditions”) specify the terms and conditions of use that apply where a user uses the application for checking authenticity of parts for the products manufactured or supplied by Hitachi Construction Machinery Co., Ltd. (herein referred to as “the Application,” including the services provided when using the application) supplied by Hitachi Construction Machinery Co., Ltd. (hereinafter referred to as the “Company”). These Terms & Conditions shall apply to all matters relating to user’s use of the Application (including the downloading of this Application), thereby constituting the content of a contract between the Company and user relating to the use of the Application.


Article 2: (Contract for Use)

  1. The Company, on the condition that user agrees without objection to these Terms & Conditions in their entirety, grants to user pursuant to these Terms & Conditions a non-exclusive license for the use of the Application, without the right of assignment or sublicense, such that in the event user uses the Application, user shall be deemed to have agreed without objection to all of these Terms & Conditions. If user does not agree to these Terms & Conditions, user shall immediately terminate the use of the Application .
  2. If user does not use the Application in an individual capacity but for a matter under obligation to a legal entity or other organization to which user belongs (hereinafter referred to as “Affiliated Organization”) or a third party who has contracted a task to user (hereinafter referred to as “Contractor”, and together with Affiliated Organization “Affiliated Organization, Etc.”), user is deemed to be using the Application as a representative or agent of the Affiliated Organization, Etc. In such case, “user” shall mean both the user as an individual as well as the Affiliated Organization, Etc. User fully understands that all legal liability arising from the use of the Application shall be borne by the Affiliated Organization, Etc., and in using the Application is deemed to represent and warrant that user has received the necessary authority from the Affiliated Organization, Etc. If user has not received sufficient authority from the Affiliated Organization, Etc., user shall not use the Application.
  3. The Company may, if necessary, with prior notice to user on the log-in screen, at any time, make changes to these Terms & Conditions at its discretion, and the latest version of these Terms & Conditions shall always apply to the user. Provided that, in the event that the Company decided to change the important part of Terms & Conditions by its sole discretion, the Company shall notify its changes and shall request the consent again from the user. In the case that the user rejected to agree such changes, the Company may terminate to provide the Application after changing the Terms & Conditions.
  4. The user’s contract based on these Terms & Conditions shall come into effect at the sooner of the following: the moment user click the agree button to these Terms & Conditions, or the moment user begins to use the Application, and shall continue in effect until the user ends the use of the Application.

Article 3 (Provision of the Application)

  1. THE COMPANY PROVIDES THE APPLICATION ON AN “AS IS” BASIS AND MAKES NO WARRANTY AS TO THE APPLICATION’S COMPLETENESS, CERTAINTY, USABILITY, FUNCTIONALITY, SECURITY, COMMERCIALITY, APPLICABILITY TO A SPECIFIC PURPOSE, OR THE NON-INFRINGEMENT OF RIGHTS.
  2. The Company may, at the Company’s discretion, at any time, change a portion or all of the scope of the supplied Application or content of the supplied Application.
  3. THE COMPANY SHALL BEAR NO LIABILITY WITH RESPECT TO ANY DAMAGES (INCLUDING WITHOUT LIMITATION ATTORNEY’S FEES AND ALL OTHER COSTS, WHETHER DUE TO THE COMPANY’S INTENTIONAL ACT OR NEGLIGENCE, WHETHER THE DAMAGES WERE FORESEEABLE OR NOT, WHETHER THE DAMAGES ARE DIRECT OR INDIRECT, WHETHER ORDINARY OR SPECIAL, WHETHER PRIMARY OR SECONDARY DAMAGES, WHETHER INCIDENTAL OR CONSEQUENTIAL DAMAGES, WHETHER PUNITIVE OR NOMINAL DAMAGES; THE FOREGOING SHALL APPLY WITH EQUAL SIGNIFICANCE THROUGHOUT THESE TERMS & CONDITIONS.), ARISING FROM THE CHANGE IN THE COMPANY’S SPECIFIED SCOPE OF USE OR CHANGE IN THE PROVIDED CONTENT OF THE APPLICATION.

Article 4 (Termination of provision of the Application, etc.)

  1. The Company may, if necessary, without notice to users, temporarily stop or suspend the supply of a portion of or all of the Application.
  2. The Company may, if necessary, without notice to user, terminate the supply of the Application.
  3. THE COMPANY SHALL NOT BEAR ANY RESPONSIBILITY FOR DAMAGES INCURRED BY USERS IN THE EVENT OF THE STOPPAGE, SUSPENSION, OR TERMINATION OF THE SUPPLY OF THE APPLICATION.

Article 5 (Non-Transferability)

The Application and its content, data and everything else that is provided by way of the Application is the property of the Company or third parties and shall not be sold, assigned or transferred to user pursuant to these Terms & Conditions. User may not reproduce, duplicate, alter, adapt, distribute, publicly transmit, perform reverse engineering analysis or use the provided content in any way deviated from the purpose expected in the conditions of use authorized by these Terms & Conditions.


Article 6 (Method of Use)

  1. User may use the Application only for purposes of checking authenticity of parts by scanning its label, and for no other use.
  2. The use of the Application shall be made at the discretion of the user, and user shall bear all liability resulting from the use of the Application. THE COMPANY SHALL BEAR NO LIABILITY FOR ANY DAMAGES TO USER ARISING FROM THE USE OF THE APPLICATION.
  3. User shall at its own cost and responsibility prepare the communication equipment, software, communication lines and other operating environment necessary for the use of the Application, and all communication charges and other costs shall be borne by user.
  4. User shall, at user’s cost and responsibility, maintain appropriate information security given its operating environment, including prevention of computer viruses, unauthorized access and information leakage.
  5. User can use this Application free of charge; provided however, the Company may set terms and conditions for fee for the Application. In case of such change of terms and conditions, the Company shall notify its changes and shall request the consent again from the user in accordance with Article 2.3.

Article 7 (Data)

  1. The intellectual property rights with respect to logging data generated by User’s devices, or any data uploaded, registered, provided, sent, or preserved by user in connection with the use of the Application (collectively hereinafter referred to as “Data”) shall remain the user’s rights.
  2. When providing data in connection with this Application, user shall always backup the data in advance. THE COMPANY BEARS NO OBLIGATION IN ANY SITUATION WHATSOEVER TO SAVE AND STORE THE DATA PROVIDED BY THE USER.
  3. In the event the Company determines that any of the following matters has occurred, the Company may without notice to user prohibit access to Data, may delete Data or take any other necessary action.
    1. it is determined that a violation of a law or regulation or order of a public institution has occurred or is at risk of occurring;
    2. it is determined that a violation of public order or morals has occurred, or is at risk of occurring;
    3. it is determined that a violation of these Terms & Conditions has occurred, or is at risk of occurring;
    4. in any other case where the necessity arises in the course of business.

Article 8 (Prohibited Matters)

User is prohibited from any of the following listed matters in connection with the use of the Application:

    1. Any use of the Application other than for a purpose of checking authenticity of parts by scanning its label, or any other use not approved in writing by the Company
    2. Any unauthorized access, transmission of viruses, any act that has an effect on the ordinary operations of the server or network, or any other act that would impede the Company’s operations related to the Application, or would damage the Company’s reputation
    3. Any act that infringes upon or risks infringing upon the copyrights, patents, utility model rights, design rights, trademarks or other intellectual property rights of the Company or the Company’s affiliates or other users of the Application or other third parties
    4. Any act that infringes upon or risks infringing upon the property rights, or other statutory rights, contractual rights, reputational, privacy or other interests protected by law of the Company or the Company’s affiliates or other users of the Application or other third parties
    5. Multiple scanning of QR code printed on the box of the parts, which may jeopardize liability of authenticity check
    6. Copy or alteration of ID, QR code or any other identifier printed on the box of the parts which is used for authenticity check
    7. Any act in violation of these Terms & Conditions
    8. Any act that risks violating public order or morality
    9. Any criminal act or the assisting of a criminal act
    10. Any act providing benefits or otherwise assisting anti-social forces
    11. Any act in violation of laws or regulations, orders or other measures
    12. Any act determined by the Company to be inappropriate

Article 9 (Not Assign and Transferable)

User may not assignment and transfer, lend or pledge to a third party as security, user’s rights and obligations pursuant to these Terms & Conditions without the advanced written consent of the Company. If the user is an individual, those rights are solely for the individual alone, and shall not be subject to succession by inheritance.


Article 10 (Limitation of Use)

The Company may, in the event it is determined that one of the following applies to the user, partially or completely limit or prohibit the use of the Application. IN SUCH EVENT, THE COMPANY SHALL NOT BEAR ANY LIABILITY WHATSOEVER FOR DAMAGES INCURRED BY USER AS A RESULT OF SUCH LIMITATION OR PROHIBITION OF USE, IF;

    1. The user breaches any provision of these Terms & Conditions.
    2. The Company determines it to be inappropriate.

Article 11 (Protection of Personal Information)
  1. If the Company obtains personal information of the user, including IP address, cookies and any other online identifier in connection with the Application (hereinafter referred to as “Personal Information”), the Company will use Personal Information only for the following purposes:
    1. Provision of the Application
    2. Modification or alteration of the Application for improvement of its usability
    3. Analyzation of data for improvement of products and services of the Company and its affiliates (hereinafter referred to as “HCM Group”)
  2. The Company may provide HCM Group with all or part of items of Personal Information to jointly use only to achieve the purposes described above. The Company will not provide Personal Information to a third party without obtaining user’s prior consent, excluding the following cases:
    1. When required by law
    2. When required to protect human life, to avoid injury, or to protect assets, and when obtaining user’s consent would be difficult
    3. When required to co-operate with the lawful activities of a national agency, local government organization, or person or organization entrusted with such a task, and obtaining your consent would interfere, or be likely to interfere, with the carrying out of such activities
    4. When providing a third party entrusted with business by the Company with Personal Information to achieve the purposes described in Article 11.1 above
  3. Any other terms and conditions for handling of Personal Information by the Company shall be described in the provisions of “Hitachi Construction Machinery Co., Ltd.: Regarding Protection of Personal Information.”
https://www.hitachicm.com/global/privacypolicy/

Article 12 (Notices)

Notices to user from the Company regarding the Application will be sent by notices through the Application or by such other method as deemed appropriate by the Company.


Article 13 (Language, Governing Law and Arbitration)

  1. The English language version of this Terms & Conditions is the authoritative version and any version prepared in another language shall be a translation for purposes of reference. If there is a conflict between the Japanese version and the version in another language (including without limitation any delay in providing a translated version), the English version shall prevail.
  2. These Terms & Conditions are governed by the laws of Japan and shall be implemented pursuant to the laws of Japan.
  3. In the event any provision of these Terms & Conditions is null and void or not enforceable due to being in violation of a law or public policy, all other provisions of these Terms & Conditions shall continue in full force and effect, and the null and void or unenforceable provision shall be replaced with a valid provision having a meaning as close to the original provision as is possible.
  4. All disputes, controversies or differences which may arise between the user and the Company, out of or in relation to or in connection with these Terms & Conditions , or for the breach thereof, shall be settled by arbitration in Tokyo, Japan in accordance with the rules of the Japan Commercial Arbitration Association. The award therefrom shall be final and binding upon the user and the Company.

Enacted January 1st, 2021


*“QR Code” is a registered trademark of DENSO WAVE INCORPORATED.


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