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Challenger Easy Ink Delivery Service - HP Terms of Use

Last Updated: 12th May 2019

Welcome to the Challenger Easy Ink Delivery Service (the “Program”). This Program is provided to you by Challenger Technologies Limited (“Retailer”) and enables purchase of Original HP Ink and Original HP Toner cartridges. Your contractual relationship in respect of such purchases will be solely with the Retailer.

HP PPS Singapore (Sales) Pte Ltd (“HP”) has a limited involvement in the Program (set out hereinafter) to facilitate provision of the Program by the Retailer.

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)”. The Retailer will have its own additional terms governing their portion of the Program including but not limited to terms of purchase, termination and cancellation rights.

We use “you” and “your” to refer to any person who at any point or for any amount of time uses the Program and accesses it through the Retailer offered mobile applications (“Challenger’s ValueClub Applications”) or its successor website (the “Site”), and we use the terms “we,”“us,” and “our” to refer to HP and our employees and agents.

  1. PLACING ORDERS THROUGH THE PROGRAM
  • If you are an existing Challenger ValueClub member, the Program allows you to order Original HP Ink and Original HP Toner cartridges for your Enrolled Printer from the Retailer 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 enable the Retailer to alert you as the printer cartridges/toners reach low levels of ink or toner. It is clarified HP’s role is limited prompt the Retailer and, through them, you of the need to replenish the printer consumable, the supplies will continue to be sold by the Retailer and therefore they shall be solely responsible for completing and fulfilling your supply orders.
  • 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. 
  1. REMOTE MONITORING

Your enrollment 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. 

  1. 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”), and share it and your consent with the Retailer, which will also store and use the information. Your PII shared with the Retailer will also be handled according to the privacy policies of the Retailer which may differ from HP's policies and practices. HP will not use PII or any other personal data provided to us under clause 3(b) below in a form that personally identifies you except to the extent necessary to provide Enrolled Printer usage information related to the Program to the Retailer, exercise our rights under these Terms of Use,improve the Program, and to analyse your print usage and behaviour and share any findings with the Retailer to facilitate and improve the Program.The collection, and use, of the data and information collected by us shall be governed by HP's Privacy Statement located at hp.com/go/privacy, 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 enrollment of your Enrolled Printer in the Program, and the retailer store where you enrolled in the Program.
  • By enrolling in the Program, your further agree to allow HP to collect and use any personal data collected and shared with us by the Retailer (for which collection and sharing you have given your prior consent to the Retailer),to facilitate the provision of Enrolled Printer usage information related to the Program to the Retailer, exercise our rights under these Terms of Use, improve the Program, and to analyse your print usage and behaviour and share any findings with the Retailer to facilitate and improve the Program.
  • Any withdrawal of your consent to the collection and use of your personal data referred to in clauses 1(a) and 3(b) above may result in the termination of your participation in the Program in respect of your Enrolled Printers. 
  1. 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 CARTRIDGES SUPPLIED UNDER OR IN RELATION TO THE PROGRAM, OR YOUR PARTICIPATION IN THE PROGRAM, PLACEMENT OF ORDERS INTENDED FOR THE RETAILER,AND USE OF CHALLENGER’S VALUECLUB APPLICATIONS OR 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, CHALLENGER’S VALUECLUB APPLICATIONS, THE SITE, OR WITH THESE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE PROGRAM.

  1. GENERAL 
  • Communications Issues; Acceptance: HP is not responsible for your failure to send or receive any communication, notice or information.Your enrollment in the Program indicates that you have read and accepted these Terms of Use and agree to be legally bound by its terms.
  • No Responsibility for Third Party Materials or Websites: Content, offers, products (including the supplies for your Enrolled Printer), services and other materials made available to you via the Program are provided by the Retailer (“Third Party Materials”). 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. In addition, links from Challenger’s ValueClub Applications and the Site to other third-party websites (“Third-Party Websites”) may be provided, and HP is not liable for Third-Party Websites or Third-Party Materials made available through them. 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.
  • 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 Singapore without regard to its conflict-of-law principles.
  • 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.
  • 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 enrollment in the Program or the termination of the Program will survive termination.
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