HP Easy Ink - Terms of Use

Dear Customer,

Welcome to HP Easy Ink (the “Program”).

These HP Terms of Use (“Terms of Use”) govern your interaction with HP as part of the Program and are supplemental to the consent for data collection and usage you provide while enabling HP Web Services on your HP printer which is enrolled in the Program (your “Enrolled Printer”), as well as to the terms of the online store https://www.hp.com/in-en/shop(‘Site’) while purchasing the printer cartridges/toners through the Site.

For the purposes of these Terms of Use, “you” and “your” to refer to any person who at any point or for any amount of time is enrolled under the Program and accesses it through the Site and the terms “we,” “us,” and “our” to refer to HP India Sales Private Limited, its employees and agents.

1. PLACING ORDERS THROUGH THE PROGRAM

(a). If you have registered under this Program, you can order Original HP Ink and Original HP Toner cartridges for your Enrolled Printer from the Site before the ink or toner for your Enrolled Printer runs out. HP will collect usage information like page counts, printer status and errors, ink / toner levels, and cartridge part numbers, part information, types and colour codes by monitoring data from your Enrolled Printer, and using this data, will alert you as the printer cartridges/toners (“Supplies”) reach low levels of ink or toner. As part of the alert, HP will also share the link to the Supplies page on the Site for you to accordingly order such Supplies. HP’s role in this Program is limited to prompting you of the need to replenish the Supplies for the Enrolled Printer. The Supplies will be ordered by you through the Site, which will be sold by M/s Savex Technologies Pvt. Ltd., an authorized HP distributor, who shall be responsible for accepting your orders, collecting payments from you and supplying the ordered Supplies.

(b). In order to be able to use the Program in an uninterrupted manner, you agree to maintain internet connectivity of your Enrolled Printer and to not remove or disable any remote monitoring software or functionality on your Enrolled Printer. Such Internet service is not provided by HP and must be separately obtained and paid for by you. Please check with your internet provider for information on possible internet data usage charges and any other applicable charges.

(c). This service will be applicable only for a customer residing in India, who has purchased the eligible printer in India

2. REMOTE MONITORING

Your enrolment in this program indicates your authorization for HP to remotely monitor (1) your Enrolled Printer’s ink or toner status, and (2) your usage of HP Supplies to improve your experience with HP products and services. Remote monitoring includes provision to HP of the printer usage information referred to in clause 1(a) above, types of documents printed (e.g., Word, PowerPoint, pdf, jpeg, etc.), types of devices that initiated print jobs, printer serial number, other cartridge information (e.g. HP Original ink status, and whether the cartridge was new or used at the time of its last insertion into the printer), and other similar types of metrics related to your Program as may be added by HP from time to time.

3. CONSENT TO COLLECTION/USE OF DATA BY HP

By enrolling in the Program, you agree to allow HP to collect your personal identifiable information (“PII”), store and use the information. HP will not use PII or any other personal data provided to us in a form that personally identifies you except to the extent necessary to the Program, exercise our rights under these Terms of Use, improve the Program, and to analyse your print usage and behaviour. The collection, and use, of the data and information collected by us shall be governed by HP's Privacy Statement located at https://www8.hp.com/us/en/privacy/privacy.html, which sets out (among others) how your consent to the collection and use of your personal data may be withdrawn. For purposes of this clause 3, “PII” includes the printer usage information referred to in clause 1(a) above, the information referred to in clause 2 above, your printer model, other information furnished to HP by yourself or your Enrolled Printer, your Program plan, date of enrolment of your Enrolled Printer in the Program, and the retailer store where you enrolled in the Program.

(b). Any withdrawal of your consent to the collection and use of your personal data referred to in clauses 1(a) and 3(a) above may result in the termination of your participation in the Program in respect of your Enrolled Printers.

4. LIMITATIONS OF LIABILITY AND REMEDIES

BY PARTICIPATING IN THE PROGRAM, YOU AGREE THAT (TO THE FULLEST EXTENT PERMITTED BY LAW) HP AND ITS SUCCESSORS, AGENTS, REPRESENTATIVES, AFFILIATES, AND EMPLOYEES WILL IN NO EVENT BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL (INCLUDING BUT NOT LIMITED TO DOWNTIME COSTS, LOST PROFIT, LOST REVENUE OR LOST DATA OR OTHER CONTENT), OR OTHER LOSSES OR DAMAGES ARISING OUT OF OR IN ANY WAY RELATED TO THE SUPPLIES SUPPLIED UNDER OR IN RELATION TO THE PROGRAM, OR YOUR PARTICIPATION IN THE PROGRAM OR PLACEMENT OF ORDERS THROUGH THE SITE. TO THE EXTENT PERMITTED BY LOCAL LAW (INCLUDING ANY CONSUMER-PROTECTION LAWS), IF YOU ARE DISSATISFIED WITH THE PROGRAM, ANY SUPPLIES, MATERIALS OR OTHER CONTENT MADE AVAILABLE VIA THE PROGRAM, THE SITE, OR WITH THESE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE PROGRAM.

5. GENERAL

(a). Communications Issues; Acceptance. You agree that the information provided by you as part of your onboarding in this Program is correct and up to date. HP will not be responsible for your failure to receive from HP any communication, notice or information either on account of any incorrect information provided by you or otherwise due to any technical issues, or in case of any failure on your part to send any communication, notice or information to HP. The enrolment to the Program is purely voluntary and your enrolment in the Program indicates that you have read and accepted these Terms of Use and agree to be legally bound by its terms. You can at any point of time during your enrolment under the Program, opt out of the Program by providing HP a prior notice.

(b) Amendment and Cancellation HP reserves the right to amend these Terms of Use or any part thereof with or without any express notice to you. The updated Terms of Use in such case will be available at https://www.hp.com/in-en/shop/hp-easy-ink-tnc . Further, HP may cancel the Program at any time in its sole discretion for any or no reason upon thirty (30) days notification to you. Such reasons for cancelling the Program may include, but not be limited to HP ceasing to provide the Program in general or any part thereof or if Your printer becomes obsolete. HP may cancel Your Service and this Agreement at any time in its sole discretion immediately upon notification to you if (i) you breach the terms of these Terms of Use; or (ii) HP in its sole discretion believes that you otherwise abused the Program or engaged in any other action that merits termination of your enrolment in the Program. You agree that HP will not be liable to you for any cancellation of Your Service or refusal of access to the Program or Site upon such cancellation.

(c) No Responsibility for Third Party Materials or Websites. Certain content, offers, products, services and other materials may be made available via the Program to You are from third parties (“Third Party Materials”), and You agree that HP is not liable for Third Party Materials. Your use of Third Party Materials is at Your own risk and may be subject to additional terms. The HP Privacy Statement is not in effect on Third Party Websites and HP is not liable for any use of Your information by them.

(d) Governing Law.. Any disputes arising out of or otherwise relating to these Terms of Use, whether based on contract, tort, fraud, or any other legal theory, shall be governed by the laws of India without regard to its conflict-of-law principles, and courts in Bangalore will have exclusive jurisdiction.

(e) Entire Agreement; Order of Precedence. These Terms of Use, together with any other HP terms expressly referenced in these Terms of Use or applicable to the Program that you have agreed to (including HP’s Privacy Statement), constitute the entire understanding between you and HP relating to the Program and supersede any previous communication, representation or agreement whether oral or written. In the event of any inconsistency, these Terms of Use will prevail.

(f) Miscellaneous. HP’s failure to exercise any right under these Terms of Use will not constitute a waiver of such right. If any provision of these Terms of Use is found by a court of competent jurisdiction to be invalid, the court should endeavour to give effect to the intentions reflected in the provision, and the other provisions of the Terms of Use will remain in full force and effect. HP may assign these Terms of Use. Section titles in these Terms of Use are for convenience only and have no legal effect. These Terms of Use will be interpreted without application of any strict construction in favour of you or against HP. All terms in these Terms of Use that by their nature would survive termination of these Terms of Use upon cancellation of your enrolment in the Program or the termination of the Program will survive termination.