End User License Agreement and Website Terms of Use
Date: June 19, 2020
NCR Mobile Pay Website
End User License Agreement
USE OF THE NCR MOBILE PAY WEBSITE OR RELATED SUBDOMAINS (THE "WEBSITE") CONSTITUTES ACCEPTANCE OF THESE END USER LICENSE AGREEMENT AND TERMS OF USE ("TERMS"), AS A BINDING AGREEMENT AMONG YOU AS THE END USER ("USER"), AND NCR CORPORATION, ITS AFFILIATES AND ITS SUBSIDIARIES (COLLECTIVELY "NCR").
NCR Policies. These Terms supplement and incorporate other NCR policies related to the use of the Website posted within the Website prior to use. If any of the provisions of those policies conflict with these Terms, these Terms will control.
User License. Provided that the User is in compliance with these Terms, NCR grants to the User a personal, nonexclusive, non-transferable, limited and revocable license to use the Website on a mobile phone, handheld computer, or similar device the User owns or controls (a "Device") in accordance with these Terms ("User License"). Use of the Website is limited to the personal use by the User. Any use of the Website in any other manner, including without limitation, resale, transfer, modification or distribution of the Website or copying or distribution of text, pictures, music, barcodes, video, data, hyperlinks, displays and other content associated with the Website ("Content") is prohibited. The User License does not entitle the User to receive and does not obligate NCR to provide hard-copy documentation, support, telephone assistance, or enhancement or updates to the Website.
User Information. Some functionality of the Website may require transmission of information provided by the User including names and passwords, addresses, email addresses, financial information (such as credit card numbers) or information related to a NCR stored value card ("User Information"). If the User uses such Website functionality, the User consents to the transmission of User Information to NCR or its agents and authorizes NCR and its agents to record, process and store such User Information as necessary for the Website functionality and for the purposes described in the NCR Mobile Pay Privacy Policy Summary available for view on the Website. Additionally, NCR may use and disclose transactional and system information in the form of anonymous, aggregate usage statistics that NCR derives via User's use of the Website, but only in forms that do not reveal the identity of the User, except as required by law or as may be needed in connection with any legal proceedings.
NO WARRANTIES. NCR IS PROVIDING THE WEBSITE TO THE USER (TOGETHER WITH ALL FUNCTIONALITY) "AS-IS" AND THE USER IS USING THE WEBSITE AT HIS OR HER OWN RISK. TO THE FULLEST EXTENT ALLOWABLE UNDER APPLICABLE LAW, NCR DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING ANY WARRANTIES THAT THE WEBSITE IS MERCHANTABLE, RELIABLE, ACCURATE, FIT FOR A PARTICULAR PURPOSE OR NEED, NON-INFRINGING, OR FREE OF DEFECTS OR ABLE TO OPERATE ON AN UNINTERRUPTED BASIS, OR THAT THE USE OF THE WEBSITE BY THE USER IS IN COMPLIANCE WITH LAW APPLICABLE TO THE USER OR THAT DATA TRANSMITTED IN CONNECTION WITH THE WEBSITE WILL BE SUCCESSFULLY, ACCURATELY OR SECURELY TRANSMITTED.
NO LIABILITY. TO THE FULLEST EXTENT ALLOWABLE UNDER APPLICABLE LAW, (A) IN NO EVENT WILL NCR BE LIABLE TO THE USER WITH RESPECT TO THE USE OF THE WEBSITE; AND (B) IN NO EVENT WILL NCR BE LIABLE TO THE USER FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES ARISING OUT OF OR IN ANY WAY RELATING TO THESE TERMS OR THE USE OF OR INABILITY TO USE THE WEBSITE, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF GOODWILL, LOST PROFITS, LOSS OR CORRUPTION OF DATA OR DEVICE FAILURE OR MALFUNCTION. THE USER'S SOLE REMEDY IS TO CEASE USE OF THE WEBSITE.
Acceptable Use. Use of the Website and any Content and User Information transmitted in connection with the Website is limited to the contemplated functionality. In no event may the Website be used in a manner that (a) harasses, abuses, stalks, threatens, defames, or otherwise infringes or violates the rights of any other party (including but not limited to rights of publicity or other proprietary rights); (b) is unlawful, fraudulent or deceptive; (c) uses technology or other means to access NCR servers or networks or Content that is not authorized by NCR/NCR; (d) use to launch any automated system, including without limitation, "robots", "spiders", or "offline reader" to access NCR servers or networks or Content; (e) attempts to introduce viruses or any other computer code, files or programs that interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment; (f) attempts to damage, disable, overburden, or impair NCR servers or networks. NCR reserves the right, in its sole discretion, to terminate any User License or remove Content or assert legal action with respect to Content or use the Website that NCR reasonably believes is or might be in violation of these Terms, but NCR is not responsible for any failure or delay in taking such actions.
Marks, Website and Content. NCR trademarks, service marks, graphics and logos used in connection with the Website are trademarks or registered trademarks of NCR. Other trademarks, service marks, graphics and logos used in connection with the Website may be the trademarks of their respective owners (collectively "Marks"). The User has no right or license with respect to any Marks or use of such Marks. NCR, its licensors, suppliers and various Content owners, own the property rights to the Website and any Content offered through the Website. The Website and the Content are protected by relevant copyright, trademark, patent, and trade secret law and other proprietary rights, and also may have security components that protect digital information only as authorized by NCR or the owner of the Content.
Indemnification. At NCR's request, the User agrees to defend, indemnify, and hold harmless NCR and its employees, contractors, officers, and directors from any and all claims, suits, damages, costs, lawsuits, fines, penalties, liabilities, expenses (including attorney's fees) that arise from the User's use or misuse of the Website, violation of these Terms or violation of any rights of a third party. NCR reserves the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by the User, in which event the User will cooperate in asserting any available defenses.
Dispute Resolution. These Terms are governed by the law of the state of New York, United States of America, without regard to such state's conflict of law rules, and not by the United Nations Conventions on Contracts for the International Sale of Goods. Any controversy or claim arising out of these Terms or the use of the Website, regardless of the causes of action alleged, will be resolved by arbitration before a sole arbitrator in Atlanta, Georgia pursuant to the then-current Commercial Rules of the American Arbitration Association and the federal substantive and procedural law of arbitration. The arbitrator's award will be final and binding, and may be entered in any court having jurisdiction thereof, but may include only damages consistent with the limitations in these Terms. Each party will bear its own attorney's fees and costs related to the arbitration. The obligation to arbitrate will not apply to claims for misuse or infringement of a party's intellectual property rights. Any claim or action must be brought within two years after the cause of action accrues.
Third Party Beneficiaries. User agrees that each third party mobile Website platform provider and its subsidiaries or affiliated companies (a "Mobile App Platform Provider") are third party beneficiaries of these Terms, and that, upon User's acceptance of these Terms, each Mobile App Platform Provider will have the right (and will be deemed to have accepted the right) to enforce applicable portions of these Terms against User, as a third party beneficiary hereof. These Terms are otherwise for the sole benefit of the parties hereto and their successors and permitted assigns and nothing herein express or implied will give or be construed to give any person other than the parties hereto any legal or equitable rights hereunder.
Export Controls. User represents and warrants that it is not located in country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a "terrorist supporting" country; and it is not listed on any U.S. Government list of prohibited or restricted parties. These Terms supplement and incorporate any (i) terms and conditions, including any usage rules, posted by the applicable Mobile App Platform Provider at the referenced website or portal where such Mobile App is made accessible to User for download and (ii) NCR policies related to the use of the Mobile App posted at the referenced website for such Mobile App, if any, and to the extent that either of the foregoing conflict with these Terms, these Terms will control solely to the extent such Terms apply to the Website.
NCRPAY.COM
Website Terms of Use
PLEASE READ THE FOLLOWING TERMS OF USE CAREFULLY BEFORE USING THIS WEBSITE (www.ncrpay.com). ALL USERS OF THIS SITE AGREE THAT ACCESS TO AND USE OF THIS SITE ARE SUBJECT TO THESE TERMS OF USE AND OTHER APPLICABLE LAW. IF YOU DO NOT AGREE TO THESE TERMS OF USE, PLEASE DO NOT USE THIS SITE. NCR Corporation, its affiliates or its subsidiaries ("NCR") provides this website (the "website" or "site") for its customers and other permitted users. We have worked hard to give you the essential information here and elsewhere on our site to get you comfortable with our site and to make it useful to you. These Terms of Use help enable us to provide you with the products and services, information, other content and features available through our site.
1. Scope of Access to Website and Related Rights. Subject to these Terms of Use, NCR grants you a limited, revocable right to access and use the site solely for your own use. You agree not to modify, adapt, translate, or reverse engineer, decompile, disassemble, or otherwise attempt to discern the source code of this website. Further, you may not reproduce all or any portion of the site. This website and its contents are the intellectual property of and are owned by NCR and/or its licensors. NCR reserves the right to suspend or terminate use of this website or its services by you or other users in its sole discretion.
2. User Account. After paying an order from this site you may establish a user account, however this is not required to pay. If you establish a user account, it will be accessible upon input of an authorized e-mail address and a designated password. You are responsible for maintaining the security of any user passwords and other account details issued to you for use with the site, and you are also responsible for the integrity and security of the operating environment from which you access the site.
3. Children's Privacy and Site Age Limitations. This website is intended for use by persons aged 16 or older, and by your use of this site you affirm that you are at least 16 years of age. In addition, if you are under the age of 18, you are only permitted to use this website with the consent of your parents or an adult guardian. NCR will not knowingly allow registration of an account for any person that NCR believes to be younger than 16. We also do not collect any personally identifiable information from any persons under the age of 16.
4. Pricing or Other Information Errors. Although NCR strives at all times to maintain the accuracy of information maintained on this site, including pricing information and product details, occasionally pricing or other information errors may occur on this site.
5. Text Messaging. Our site may offer you the opportunity to receive text messages to participate in promotional programs that use text messaging. If you choose to participate in such promotions, you should be aware that your carrier may charge you standard text messaging rates for each message sent or received. You represent to us that you are the owner or authorized user of the wireless device used to receive or send any text messages related to NCR programs, products or services.
6. Termination of Website Use. NCR may terminate your access to this website at any time. In addition, your access rights to use this website may also be terminated if you fail to comply with these Terms of Use. You agree that NCR will not be liable to you or any third party for any termination of your use of this website as a result of your failure to comply with these Terms of Use. If your use of our site is terminated for any reason, the provisions relating to Copyrights, Trademark, Warranty Disclaimers, Limitations of Liability, Indemnification and Miscellaneous, will survive any such termination.
7. Website Warranty Disclaimers. THIS SITE IS PROVIDED "AS IS" AND WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, NCR DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, CONCERNING THIS SITE OR THE USE THEREOF, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. NCR DOES NOT REPRESENT OR WARRANT THAT THE FUNCTIONS CONTAINED IN THE SITE WILL BE UNINTERRUPTED OR ERROR-FREE, THAT THE DEFECTS WILL BE CORRECTED, OR THAT THIS SITE OR THE SERVER THAT MAKES THE SITE AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. NEITHER NCR NOR ITS LICENSORS OR HOSTING SERVICES PROVIDERS MAKES ANY WARRANTIES OR REPRESENTATIONS REGARDING THE USE OF THE INFORMATION ACCESSIBLE THROUGH THIS SITE IN TERMS OF THEIR CORRECTNESS, ACCURACY, ADEQUACY, USEFULNESS, TIMELINESS, RELIABILITY OR OTHERWISE. SOME STATES DO NOT PERMIT CERTAIN LIMITATIONS OR EXCLUSIONS ON WARRANTIES, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
8. Limitations of Liability. NEITHER NCR NOR ITS LICENSORS OR HOSTING SERVICES PROVIDERS WILL BE LIABLE FOR ANY INDIRECT, SPECIAL OR CONSEQUENTIAL DAMAGES OR ANY LOST PROFITS, THAT RESULT FROM THE USE OF, OR THE INABILITY TO USE, NCR'S PRODUCTS, SERVICES OR THIS SITE, THE PERFORMANCE OR USE OF THIS SITE, OR ANY INFORMATION MADE AVAILABLE THROUGH THIS SITE, EVEN IF NCR (OR ITS LICENSORS OR HOSTING SERVICES PROVIDERS) HAS BEEN ADVISED OF THE POSSIBILITY OF ANY SUCH DAMAGES. APPLICABLE LAW MAY NOT ALLOW CERTAIN LIMITATIONS OF EXCLUSION OF LIABILITY OR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.
9. Online Privacy Policy. We are diligent about protecting your privacy and that of other users of this website and the use of this website is subject to our Privacy Policy, which is also available on our website at https://www.ncr.com/privacy.
10. Copyright. The entire contents included in this site, including but not limited to text, graphics or code is copyrighted under the United States and other copyright laws, and is the property of NCR (or its licensors), with ALL RIGHTS RESERVED. You agree not to change or delete any proprietary notices from materials downloaded or accessed from this site.
11. Trademarks. All trademarks, service marks and trade names and logos of NCR used in this site are trademarks or registered trademarks of NCR. Other marks used on this site that have been posted by NCR are the property of their respective owners and are used on this website under permission.
12. Applicability of Terms and Changes. These Terms of Use are applicable to you upon your accessing the site and/or completing the registration or ordering process. These Terms of Use, or any part of them, may be modified by NCR without notice at any time, for any reason; provided that if we decide to modify these Terms of Use, we will note at the bottom of these Terms of Use the date of the last update, which should alert you to changes in these Terms of Use since your prior visit to this website.
13. Indemnification. You agree to indemnify, defend, and hold harmless NCR, its officers, directors, employees, agents, licensors and suppliers from and against all losses, expenses, damages and costs, including reasonable attorneys' fees, resulting from (i) any violation of these Terms of Use, (ii) any activity related to your account (including negligent or wrongful conduct) by you or any other person accessing the site using your user account, (iii) any content or other materials provided or posted by you, or (iv) the violation by you of the rights (including intellectual property rights) of any third party resulting from your use of the site.
14. Third-Party Links. In an attempt to provide increased value to our customers and other site visitors, NCR may provide links to sites operated by third parties. However, even if the third party is affiliated with NCR, NCR has no control over these linked sites, all of which have separate terms and privacy practices, independent of NCR. These linked sites are only for your convenience and therefore you access them at your own risk. Nonetheless, NCR seeks to protect the integrity of its web site and the links placed upon it and therefore welcomes any feedback on not only its own site, but for sites it links to as well (including if a specific link does not work).
15. Notices. NCR may deliver notices to you concerning your activities on this site by means of e-mail, a general notice on the site, or by other reliable method to the address you have provided to NCR.
16. Miscellaneous. Your use of this site will be governed in all respects by the laws of the state New York, United States of America, without regard to such state's conflict of law rules, and not by the United Nations Convention on Contracts for the International Sale of Goods. Any controversy or claim arising out your use of this site, regardless of the causes of action alleged, will be resolved by arbitration before a sole arbitrator in Atlanta, Georgia pursuant to the then-current Commercial Rules of the American Arbitration Association and the federal substantive and procedural law of arbitration. The arbitrator's award will be final and binding and may be entered in any court having jurisdiction thereof, but may include only damages consistent with the limitations in these Terms of Use. Each party will bear its own attorney's fees and costs related to the arbitration. The obligation to arbitrate will not apply to claims for misuse or infringement of a party's intellectual property rights. Any cause of action or claim you may have with respect to the site must be commenced within two years after the claim or cause of action arises. NCR's failure to insist upon or enforce strict performance of any provision of these Terms of Use will not be construed as a waiver of any provision or right. Neither the course of conduct between the parties nor trade practice will act to modify any of these Terms of Use. NCR may assign its rights and duties under these Terms of Use to any party at any time without notice to you.
NCR's Contact Information:
NCR Corporation
864 Spring Street NW
Atlanta, GA 30308
USA
1-800-CALL-NCR
(1-800-225-5627)
NCR Mobile Pay / NCRPAY.COM
Privacy Policy Summary
Date: May 26, 2020
About this Document
This privacy policy summary provides important information to help you understand the privacy and security practices of NCR Corporation, its affiliates and its subsidiaries (collectively "NCR") before you use the ncrpay.com website or any associated services (collectively, the "Website").
The Website is integrated with NCR Aloha Point-of-Sale as a mobile solution enabling you to view your bill and pay all from the convenience of your mobile device at those restaurants that use this integrated mobile solution from NCR. NCR is operating as a service provider in processing personal information on behalf of the restaurant utilizing this solution. This privacy policy summary describes important information about the Personal Information the Website obtains about you, how NCR uses that Personal Information, and your choices and rights. This privacy policy summary is written for the Website and is a supplement to the full NCR Privacy Policy. To review or print a copy of the NCR Privacy Policy, please go to https://www.ncr.com/privacy. Capitalized terms used and not otherwise defined in this privacy policy summary have the meaning used in the NCR Privacy Policy. If there is a conflict between this privacy policy summary and the NCR Privacy Policy, this privacy policy summary controls with respect to the conflict.
This privacy policy summary may be updated by NCR from time to time. If we substantially change this privacy policy summary, we will post a notice on this page. If we make any revisions that materially change the ways in which we use or share the Personal Information previously collected from you, we will give you the opportunity to consent to such changes before applying them to that Personal Information.
Collection and Use
We collect only Personal Information which is necessary or helpful for valid business purposes or to comply with applicable law, and we will only obtain such information by fair and lawful means. We will use your Personal Information for our business purposes consistent with the purpose for which you provided such information to us.
What Information Does the Website Obtain about You?
When you register with us and use the Website, you may provide us with your Personal Information. This information is "User Provided Information", which includes your name, address, email address, telephone number, user name, password and other registration information; transaction-related information, such as when you make purchases, respond to any offers, or download or use Websites from us; information you provide us when you contact us for help; credit card information for purchase and use of the Website; and information you enter into our system when using the Website, such as contact information. We may also use the information you provided us to contact your from time to time to provide you with important information, required notices and marketing promotions. Whether you provide any information is entirely up to you. Additionally, if you provided any comments or feedback, you agreed and consented to us anonymously posting such comments or feedback online.
In addition, the Website may collect certain information about you automatically. This information is called "Automatically Collected Information" and includes the type of mobile device you use, your mobile devices unique device ID, the IP address of your mobile device, your mobile operating system, the type of mobile Internet browsers you use, and information about the way you use the Website.
Is the Website Designed for Children?
No. The Website is not directed to, nor do we knowingly collect Personal Information from, children under the age of 16. By your use of the Website you affirm that you are at least 16 years of age. NCR does not knowingly solicit data from or market to children under the age of 16. If you are a parent or a guardian, and you believe your child has provided NCR with Personal Information without your consent, please email us at [email protected].
Does the Website Collect Real-Time Location Data?
No. The Website captures web based data such as what items you as the user selected and may record information such as IP address, but does not collect precise location data (other than address information you may enter in your regular use of the Website).
Does the Website have Social Networking Features?
Yes. The Website optionally provides social networking features, if you use the social networking features of the Website, you may share information such as your profile details, messages, photos, and videos with others within your network. Your posts are not subject to this privacy policy summary or the NCR Privacy Policy, and other users of these tools may elect to use the Personal Information you make available to contact you. We cannot control the actions of others with whom you may choose to share your pages and Personal Information. NCR cannot guarantee that the content you post in connection with your use of the social networking features of the Website will not be viewed by others outside your network. You provide your Personal Information at your own risk.
The Website integrates with NCR Customer Voice, which allows you to rate your restaurant experience on a scale of 0-10. Positive comments (i.e., 9-10) can be shared via social media. Neutral and Negative comments (i.e., 7-8 and 0-6) respectively are shared with the site management via the NCR Customer Voice dashboard and daily update emails for those restaurant managers that subscribe to these features.
Does NCR Share My Information Obtained by the Website with Third Parties?
Yes. We will share your information with third parties in the ways that are described in the NCR Privacy Policy. For example, we may disclose User Provided and Automatically Collected Information to third parties:
as required by law, such as to comply with a subpoena, or similar legal process;
when we believe in good faith that disclosure is necessary to protect our rights, protect the interests of our users, protect your safety or the safety of others, resolve disputes, troubleshoot problems with respect to the Website or its use; investigate fraud, or respond to a government request;
when needed to enforce the End User License Agreement and Website Terms of Use for the Website or this privacy policy summary;
to our trusted services providers who work on our behalf, do not have an independent use of the information we disclose to them, and have agreed to adhere to the rules set forth in this privacy statement;
to advertisers and third-party advertising networks and analytics companies as described below under the section entitled Automatic Data Collection and Advertising.
In addition, the Website enables use of third-part wallets for the purpose of paying for your order. For example, if you use PayPal, you will be required to provide Personal Information directly to them to complete your transaction. PayPal's privacy policy, and not the NCR Privacy Policy will apply to the Personal Information you provide to them to use their service.
Automatic Data Collection and Advertising
We may work with analytics companies to help us understand how the Website is being used, such as volume, traffic patterns, frequency and duration of usage.
Advertisers and advertising networks use some of the Personal Information collected by the Website, including the unique identification ID of your mobile device and your mobile telephone number. To protect the anonymity of this information, we use an encryption technology to help ensure that these third parties cannot identify you personally. These third parties may also obtain information about other Websites you have downloaded to your mobile device, the websites you visit, your non-precise location information (e.g., your zip code), and other non-precise location information in order to help analyze and serve anonymous targeted advertising on the Website and elsewhere.
We may also share encrypted versions of information you have provided in order to enable our partners to append other available information about you for analysis or advertising related use.
If you would like to opt-out from third party use of this type of information to help serve targeted advertising, please visit the section entitled "What are My Opt-Out Rights" below.
What are My Opt-Out Rights?
You can stop the collection of your Personal Information by the Website by discontinuing use of the ncrpay.com website. You may opt-out by emailing the NCR Aloha Help Desk. Additionally we provide tools on your account page to opt-out, delete or download your data.
How Do We Manage Your Personal Information?
We will retain your Personal Information for as long as your account is active or as needed to provide you services. If you wish to cancel your account or request that we no longer use your Personal Information to provide you services, please contact us by emailing the NCR Aloha Help Desk. We will retain and use your Personal Information as necessary to comply with our legal obligations, resolve disputes, and enforce our agreements.
Security
We are concerned about safeguarding the confidentiality of your Personal Information. We have implemented provide reasonable and appropriate physical, technical and administrative security measures that are designed to protect the integrity, availability and accessibility of your Personal Information that we process and maintain.
Your Consent
By using the Website, you are consenting to our processing of User Provided and Automatically Collected Information as set forth in this privacy policy summary now and as amended by us. Your Personal Information may be transferred outside of your country of residence. By using the Website and providing your Personal Information to us, you consent to such transfer to, and processing in, such other countries.
Your Privacy Rights
As permitted by applicable law, you may have rights with respect to personal information collected as a part of using this solution including the right to request access to your personal information, the right to delete your personal information, to opt out of the sale of your personal information as defined by applicable law, and the right not to be discriminated against for exercising these rights. To exercise your rights, you may contact us as described below. You may be required to provide additional details including information to confirm your identity before we are able to respond to your request.
Contacting Us
If you have any questions regarding privacy while using the Website or about our privacy practices, or if you wish to review or correct your information, you may contact use by email to [email protected], or by mail to:
NCR Corporation
Attn: Global Privacy Office, Law Department
864 Spring Street NW
Atlanta, GA 30308
USA