Terms of Use

Acceptance of Terms of Use:

By accessing and using this Web Site you agree to be bound by the following Terms of Use and all terms and conditions contained and/or referenced herein or any additional terms and conditions set forth on this Web Site and all such terms shall be deemed accepted by you. If you do NOT agree to all these Terms of Use, you should NOT use this Web Site. If you do not agree to any additional specific terms which apply to particular Content (as defined below) or to particular transactions concluded through this Web Site, then you should NOT use the part of the Web Site which contains such Content or through which such transactions may be concluded and you should not use such Content or conclude such transactions.

These Terms of Use may be amended by Hitachi Construction Machinery (Europe) NV ( “HCME”) at any time. Such amended Terms of Use shall be effective upon posting on this Web Site. Please check the Terms of Use published on this Web Site regularly to ensure that you are aware of all terms governing your use of this Web Site. Other Hitachi web sites may have their own terms of use which apply to such web sites. Also, specific terms and conditions may apply to specific content, products, materials, services or information contained on or available through this Web Site (the “Content”) or transactions concluded through this Web Site. Such specific terms may be in addition to these Terms of Use or, where inconsistent with these Terms of Use, only to the extent the content or intent of such specific terms is inconsistent with these Terms of Use, such specific terms will supersede these Terms of Use.

HCME reserves the right to make changes or updates with respect to or in the Content of the Web Site or the format thereof at any time without notice. HCME reserves the right to terminate or restrict access to the Web Site for any reason whatsoever at its sole discretion.

Although care has been taken to ensure the accuracy of the information on this Web Site, HCME assumes no responsibility therefore. ALL CONTENT IS PROVIDED “AS IS” AND “AS AVAILABLE”. HCME HEREBY EXPRESSLY DISCLAIMS ANY REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION WARRANTIES OF MERCHANTABILITY, FITNESS FOR ANY PARTICULAR PURPOSE, NON-INFRINGEMENT, OR AS TO THE OPERATION OF THIS WEB SITE OR THE CONTENT. HCME DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS AS TO THE SECURITY OF THIS WEB SITE. YOU ACKNOWLEDGE ANY INFORMATION SENT MAY BE INTERCEPTED. HCME DOES NOT WARRANT THAT THE WEB SITE OR THE SERVERS WHICH MAKE THIS WEB SITE AVAILABLE OR ELECTRONIC COMMUNICATIONS SENT BY HCME ARE FREE FROM VIRUSES OR ANY OTHER HARMFUL ELEMENTS.

IN NO EVENT SHALL HCME OR ANY OF ITS AFFILIATES BE LIABLE FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, PUNITIVE, SPECIAL OR INCIDENTAL DAMAGES (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF BUSINESS, CONTRACT, REVENUE, DATA, INFORMATION OR BUSINESS INTERRUPTION) RESULTING FROM, ARISING OUT OF OR IN CONNECTION WITH THE USE OF, OR INABILITY TO USE THIS WEB SITE OR THE CONTENT, EVEN IF HCME HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. ANY ACTION BROUGHT AGAINST HCME PERTAINING TO OR IN CONNECTION WITH THIS WEB SITE MUST BE COMMENCED AND NOTIFIED TO HCME IN WRITING WITHIN ONE (1) YEAR AFTER THE DATE THE CAUSE FOR ACTION AROSE.

This Web Site may provide links to other web sites that are not under the control of HCME. HCME shall not be responsible in any way for the content of such other web sites. HCME provides such links only as a convenience to the user of this Web Site, and the inclusion of any link to any such web sites does not imply endorsement by HCME of the content of such web sites.

Copyright and all other proprietary rights in the Content (including but not limited to software, audio, video, text and photographs) rests with Hitachi Construction Machinery (Europe) N.V. or its licensors. All rights in the Content not expressly granted herein are reserved. Except as otherwise provided, the Content published on this Web Site may be reproduced or distributed in unmodified form for personal non-commercial use only. Any other use of the Content, including without limitation distribution, reproduction, modification, display or transmission without the prior written consent of HCME is strictly prohibited. All copyright and other proprietary notices shall be retained on all reproductions.

Any material or information sent through or in connection with this Web Site by you (“User Materials”) will be treated as non-confidential and non-proprietary, and immediately become the property of HCME, subject to any privacy policies posted on this Web Site. HCME may use such User Materials as it deems fit, anywhere in the world, without obligation for compensation, and free of any moral rights, intellectual property rights and/or other proprietary rights in or to such User Materials.

The Web Site may contain references to specific HCME products and services that may not be (readily) available in a particular country. Any such reference does not imply or warrant that any such products or services shall be available at any time in any particular country. Please contact your local HCME business contact for further information.

Software made available for downloading from or through this Web Site is licensed subject to the terms of the applicable license agreement. Except as set forth in the applicable license agreement, the software is made available for use by end users only and any further copying, reproduction or redistribution of the software is expressly prohibited. WARRANTIES, IF ANY, WITH RESPECT TO SUCH SOFTWARE SHALL ONLY APPLY AS EXPRESSLY SET FORTH IN THE APPLICABLE LICENSE AGREEMENT. HCME HEREBY EXPRESSLY DISCLAIMS ALL FURTHER REPRESENTATIONS AND WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR ANY PARTICULAR PURPOSE OR NON-INFRINGEMENT WITH RESPECT TO THE SOFTWARE.

These Terms of Use shall be governed by and construed in accordance with the laws of The Netherlands without regard to its principles of conflict of laws. You agree to the exclusive jurisdiction of the courts of Amsterdam, The Netherlands for any claim or cause of action arising out of, or relating to or in connection with these Terms of Use or this Web Site, provided that such exclusivity does not apply to legal actions initiated or brought by HCME.

Personal information provided or collected through or in connection with this Web Site shall only be used in accordance with HCME’s privacy policy

If you have a question or complaint, please contact us by email or Siciliëweg 5, 1045 AT Amsterdam, The Netherlands.