TERMS & CONDITIONS

Privacy of User Information on the Service

HCEIPL only collects personal information that you choose to provide voluntarily when using or registering with the Hi-Track application. "Personal information" includes information that can identify you, such as:

• Name, cellular phone number, email address, device GPS location and device token

• Log-in Information we collect on the Hi-Track site may be used to enhance this Web site in ways like these:

• Arrange this applicatione in the most user-friendly way

• Customize your user experience of this application

• Communicate special offers, product or company alerts, events, product launch etc. • Respond to your questions or suggestions

1. Agreement

1.1 This User Agreement constitutes the agreement between Hyundai Construction Equipment India Pvt. Ltd. ("HCEIPL") and you ("You," "your," or "user,") as a user who accesses or establishes a connection to HCEIPL's Hi-Track system (" Hi-Track ").”You," "your," or "user," means an adult user of the Service for itself. And the "Services" in this agreement means Hi- Track system.

1.2 You can use the Services for self learning about the company and product. This further includes the product features & advantages, machine pictures, videos, machine highlights,etc. The services are only authorized for an authenticated user approved by HCEIPL only

1.3. You agree to abide by all of the provisions in this Agreement in order to remain an authorized user of the Services, and your use of the Services constitutes your agreement to abide by these provisions. Distribution of your user name or password to others for access to the Services is prohibited and may result in termination of your account or other liability. Your use of the Service indicates that you are bound by this agreement with HCEIPL. If you do not agree with any of these terms and conditions, discontinue use of the Service.

1.4 HCEIPL reserves the right, in its sole discretion, to change any or all of the provisions of this Agreement at any time. HCEIPL will make the current Agreement available as a link from each Service's home page. The Agreement in effect at the time of your use of the Service shall govern your use and your use of the Service after the effective date of any changes to this Agreement will be deemed your acceptance of the changes. If you desire not to be bound by a change, discontinue use of the Service.

1.5 HCEIPL reserves the right, in its sole discretion, to change, limit, or discontinue any aspect, content, tool, or feature that is a part of the Services. HCEIPL further reserves the right, in its sole discretion, to restrict the use of the Service as well as suspend or revoke your rights to use the Services based on HCEIPL's belief that your use of the Services violates that permitted by this Agreement or applicable law.

1.6 IF YOU DO NOT AGREE TO THE PROVISIONS OF THIS AGREEMENT OR ARE NOT SATISFIED WITH THE SERVICE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE YOUR USE OF THE SERVICES.

2. Registration

2.1 As part of the registration process, you will be given a password and username. You will be responsible for the confidentiality and use of your username and password and agree not to transfer or resell your use of or access to the Service to any third-party.

2.2. You can transfer your use of or access to the Service to any third-party in the following situations,

A. In case of succession after death of user

B. In case of corporate merger or division

C. Ownership of machinery is transferred to any third-party

D. Similarity to the above cases, when HCEIPL confirms the necessity of transference When the use of or access to the Service is transferred, all rights and responsibilities for the service is transferred to the recipient on the same day.

2.3 If you have reason to believe that your account with Hi-Track is no longer secure, you must immediately notify HCEIPL of the problem by contacting HCEIPL and you must request that your password be changed. YOU ARE ENTIRELY RESPONSIBLE FOR MAINTAINING THE CONFIDENTIALITY OF YOUR USERNAME AND PASSWORD AND ENTIRELY RESPONSIBLE FOR ANY AND ALL ACTIVITIES THAT ARE CONDUCTED THROUGH YOUR ACCOUNT.

3. Trademark

3.1 The Services and all content and tools provided by HCEIPL on the Services are protected by copyright, trademark and/or other applicable intellectual property and proprietary rights laws and are owned, controlled, and/or licensed by HCEIPL. You may not reproduce, adapt, or publish the information, text, or graphics contained in this site, in whole or in part, for any purpose without the express written consent of HCEIPL. All trademarks appearing on the Services are the property of their respective owners. You agree not to use any trademarks or copyrighted material without express written permission of HCEIPL.

3.2 Any links to third parties are solely provided as a convenience to the users of Hi-Track application. HCEIPL makes no warranty or representation (express or implied) as to such third party sites and shall have no liability connection with the use of such sites. If you use any link site, you do so at your own risk.

3.3 You may search, retrieve, display, download to your area on the Hi-Track Service, and print content from the Services solely for your intended use. You may not download electronic copies of HCEIPL's content for any purpose other than those permitted by Fair Use or otherwise by law. You shall make no other use of the content without the express written permission of HCEIPL. You will not modify, publish, distribute, transmit, participate in the transfer or sale, translate, create derivative works, or in any way exploit other than as set forth herein, any of the content, tools or technology, in whole or in part, found on the Services. Further, you shall not engage in any systematic downloading or other activity directed towards any of the content, in whole or in part, found on the Services that would create any electronic database or archive containing such content. You shall not make any changes to any content that you are permitted to use under this Agreement, and in particular you will not delete or alter any proprietary rights or attribution notices in any content. You also will not "frame" any of the content, tools or technology on the Services or the Services themselves without the express written permission of

HCEIPL. You agree that you do not acquire any ownership rights in any downloaded content. You further agree that all rights in the Service and any of the content found on the Service not granted to you under this Agreement are expressly reserved to HCEIPL and/or its licensors.

4. User Activities

4.1 You will use the Services and any tools, content, material, or information found on the Services solely for lawful purposes. You shall not upload to, distribute to or through, or otherwise disseminate through the Service any material or information of any kind that is libelous, defamatory, obscene, pornographic, abusive, or otherwise violates any law or infringes or violates any privacy or other rights of any other person or entity, or contains a solicitation of funds, advertising, or a solicitation for goods or services.

4.2 You warrant that any material or information that you make available through the Services, including, for example, documents you may post to your work area, is solely your original work, or that you have all necessary rights to make the material or information of any other person or entity available on the Services. You will be solely responsible for the content of any material or information that you make available through the Services. You will also be liable for any damage resulting from your making any material or information available through the Services.

4.3 Except as set forth below, by making any material or information available through the Services, you automatically grant to HCEIPL a worldwide, royalty-free, perpetual, irrevocable, non-exclusive right and license to use, reproduce, modify, adapt, publish, translate, distribute and sublicense any such material or information (in whole or in part) and/or to incorporate it in other works regardless of form, media, or technology. By making any material or information available through the Services, you also grant to users other than yourself the right and license to access, view, store, or reproduce your material and information for that user's intended, internal use.

4.4 HCEIPL reserves the right to delete, move, or edit any material or information that it deems, in its sole discretion, unacceptable, libelous, defamatory, obscene, pornographic, abusive, or otherwise in violation of any law or that infringes or violates any privacy or other rights of any person or entity. Further, HCEIPL reserves the right at all times to disclose any material or information as necessary to satisfy any law, regulation, or governmental request.

5. Privacy of User Information on the Service

5.1 HCEIPL only collects personal information that you choose to provide voluntarily when using or registering with the Hi-Track application. "Personal information" includes information that can identify you, such as:

• Name, cellular phone number, email address, device GPS location and device token • Log-in information

Under the below mentioned case, HCEIPL may provide the agent's private location information to a third party:

• When an agent of the private location information agrees to the written content

• Log-in information

Under the below mentioned case, HCEIPL will not notify an agent about a third party's information (third party's personal data, date when information provided, reason of the requirement):

• When an agent of the private location information agrees to the written consent

5.2 Information HCEIPL collects on the Hi-Track application may be used to enhance this tool in ways such as:

• Arrange this application in the most user-friendly way o Customize your user experience of this application

• Communicate special offers, product or company alerts, events, product launch etc. o Respond to your questions or suggestions

5.3 HCEIPL reserves the right to license names, email addresses, postal addresses, cell number, and demographic information with other pre-screened organizations that have specific service offers (SMS service, etc.) HCEIPL also reserves the right to collect and use data about you and your use of the Service for purposes such as, for example, performing statistical analyses to assist HCEIPL in improving the Service. HCEIPL further reserves the right to distribute such data in forms that may identify you individually or reveal your identity. HCEIPL may also distribute such data in forms that identify you individually or reveal your identity to affiliates, partners and to third parties with a contractual relationship with HCEIPL. All such use and distribution shall be in accordance with HCEIPL's privacy policy, which is incorporated herein by reference. Please familiarize yourself with the privacy policy by clicking on "Privacy Policy" (or another similar link) on the Services' home pages. Nothing herein shall prevent HCEIPL from contacting you by emails or SMS with offers, information, and other communications and all such contact is expressly approved by you. Nothing herein shall prevent HCEIPL from complying with valid requests by governmental authorities investigating civil or criminal matters.

5.4 Certain parts of this application provide confidential or proprietary information to HCEIPL's distributor or supplier partners to enhance HCEIPL's operations as a team serving the customer. Access to seek this information requires user agreement to HCEIPL's dealer or supplier contract terms and the signing of a formal confidentiality agreement. Distributors and suppliers also must agree to comply with HCEIPL's web site & application security controls associated with the specific web sites to which they may be granted access.

5.5 If the dealers release or use your personal information with unacceptable purpose, dealers should be responsible for all possible civil or criminal liability.

6. Disclaimer of Warranties & Limitation of Liability

6.1 YOU EXPRESSLY AGREE THAT USE OF THE SERVICE IS AT YOUR SOLE RISK. NEITHER HCEIPL NOR ANY OF ITS PARENTS, SUBSIDIARIES, AFFILIATES, DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, DISTRIBUTORS, THIRD-PARTY CONTENT PROVIDERS, OR LICENSORS (AND THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, AND AGENTS) WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED OR ERROR FREE OR THAT THEY WILL BE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. NOR DO THEY MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE, OR AS TO THE ACCURACY, RELIABILITY, COMPLETENESS, OR CONTENTS OF ANY CONTENT, INFORMATION, MATERIAL, POSTINGS, OR POSTING RESPONSES FOUND ON THE SERVICE, ANY MERCHANDISE OR SERVICES PROVIDED THROUGH THE SERVICES, OR ANY LINKS TO OTHER SITES OR SERVICES MADE AVAILABLE ON THE SERVICES.

6.2 THE SERVICES, ALL TOOLS, CONTENT, MATERIAL, INFORMATION, POSTINGS, OR POSTING RESPONSES FOUND ON THE SERVICE ARE PROVIDED ON AN "AS IS" BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.

6.3 UNDER NO CIRCUMSTANCES, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE OR GROSS OR WILLFUL NEGLIGENCE, SHALL HCEIPL (OR ANY OF ITS PARENTS, SUBSIDIARIES, AFFILIATES, DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, DISTRIBUTORS, THIRD-PARTY CONTENT PROVIDERS, OR LICENSORS AND THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, AND AGENTS), BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES THAT RESULT FROM THE USE OF, OR THE INABILITY TO USE, ANY CONTENT, INFORMATION, MATERIAL, POSTINGS, OR POSTING RESPONSES ON THE SERVICE, OR THE SERVICE ITSELF. THESE LIMITATIONS APPLY REGARDLESS OF WHETHER THE PARTY LIABLE OR ALLEGEDLY LIABLE WAS ADVISED, HAD OTHER REASON TO KNOW, OR IN FACT KNEW OF THE POSSIBILITY OF SUCH DAMAGES. YOU SPECIFICALLY ACKNOWLEDGE AND AGREE THAT HCEIPL (AND ANY OF ITS PARENTS, SUBSIDIARIES, AFFILIATES, DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, DISTRIBUTORS, THIRD-PARTY CONTENT PROVIDERS, OR LICENSORS AND THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, AND AGENTS), IS NOT LIABLE FOR ANY DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF ANY USER

6.4 IN THE CASE OF TRANSFERS OF A USER'S USE OF OR ACCESS TO ANY THIRD PARTY, USER SHALL REQUIRE THAT THE THIRD PARTY, BEFORE THE DELIVERY OF ANY CONTENT, AGREE TO ALL OF THE TERMS AND CONDITIONS SET FORTH HEREIN. PARTICULARLY, THE USER MUST ENSURE THAT THE THIRD PARTY:

(a) COMPLIES WITH ALL APPLICABLE LAWS IN USING THE CONTENT; (b) WILL USE THE CONTENT FOR ITS OWN PERSONAL USE;

(d) RESERVES FOR HCEIPL ALL INTELLECTUAL PROPERTY RIGHTS AND OTHER RIGHTS IN THE CONTENT;

(e) UNDERSTANDS AND ACCEPTS THE WARRANTY, LIABILITY, INDEMNIFICATION, AND DISPUTE PROVISIONS.

7. Indemnification

7. To the maximum extent permitted by applicable law, you will defend, indemnify and hold harmless HCEIPL (and any of its parents, subsidiaries, affiliates, directors, officers, employees, agents, distributors, third-party providers, and licensors and their respective directors, officers, employees, and agents) from and against all claims, liability, and expenses, including attorneys' fees and legal fees and costs, arising out of your breach of any provision of this Agreement. HCEIPL reserves the right, in its sole discretion and at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you. You will cooperate as fully as reasonably required in the defense of any claim.

8. Application Security

8.1 You may not violate or attempt to violate the security of the Service by, including, without limitation

(a) accessing data not intended for you or logging into a server or account that you are not authorized to access,

(b) attempting to enroll the Services by plagiarizing others' names

(c) attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization,

(d) attempting to interfere with service to any user, host or network, including, without limitation, via means of submitting a virus to the Service, overloading, conducting "denial of service attacks", "flooding", "spamming", "mail bombing" or "crashing",

(e) sending unsolicited e-mail, including promotions and/or advertising of products or services,

(f) forging any TCP/IP packet header or any part of the header information in any e-mail or newsgroup posting, or

(g) attempting to decipher, decompile, disassemble or reverse engineer any of the software comprising or in any way making up a part of the Service.

Violations of system or network security may result in civil or criminal liability. HCEIPL will investigate occurrences which may violate such violations and may involve, and cooperate with, law enforcement authorities in prosecuting users who are involved in such violations.

8.2 Fraud Policies and Information

It is a crime to purchase any part of this Service with a false name or with the use of an invalid credit card. (An invalid credit card is one that is created for the sole purpose of purchasing items or services illegally or using a credit card or its information, via theft or unauthorized use.) It is also illegal to misuse the charge back process to take advantage of the Service. If you are a victim of fraud or if you are a perpetrator, be aware that HCEIPL will actively pursue and prosecute fraud offenders to the fullest extent of the law.

9. Contacting Us

9. You may contact HCEIPL by writing HCEIPL at:

HYUNDAI CONSTRUCTION EQUIPMENT INDIA PVT. LTD.

PLOT NO. A/2, CHAKAN MIDC, PHASE II, KHALUMBRE, TAL-KHED, DIST-PUNE 410501.

If a response is necessary, HCEIPL will contact you by sending electronic mail to the address you provide to HCEIPL, or by posting a notice on the Services. This will never serve as legal notice or effective notice for cancellation purposes, all of which are governed by the above sections.

10. Termination

10.1 HCEIPL may terminate this Agreement and your use of the Services, or discontinue the Services, at any time. HCEIPL has the right immediately to terminate your use of the Services in the event of any conduct which can be considered to be unacceptable in the following cases.

A. If you make a fraudulent use of another's ID or P/W

B. If you modify, publish, distribute, transmit, participate in the transfer or sale, translate, create derivative works, or in any way exploit our Services

C. If you infringe or violate any privacy or other rights of any person or entity D. When you violate the Agreement.

10.2 You may terminate this Agreement for any reason by notifying HCEIPL. If you terminate this Agreement, such termination will become effective within 10 days of receipt of the notification by HCEIPL.

11. Law Governing Performance and Disputes

11. This Agreement shall be governed by and construed in accordance with the laws of the India. Dispute shall be resolve through Arbitration as per provisions of Indian Arbitration and conciliation Act , 1996 .The Arbitration shall be at Pune ,India . If dispute is not resolve through Arbitration then in the event of dispute, if any, between the Parties, the agreement is subject to the jurisdiction of the courts in Pune

12. General Terms

12. This Agreement and any policies and rules posted on the Services by HCEIPL constitute the complete and exclusive and final expression of the agreement of the parties with respect to the subject matter hereof. Any waiver must be in writing and signed. No waiver of any breach or default under this Agreement shall be deemed to be a waiver of any preceding or subsequent breach or default. This Agreement shall be binding upon and inure to the benefit of HCEIPL and its successors, trustees, and assigns. HCEIPL may assign this Agreement or any of its rights or obligations under this Agreement, with or without notice to you. Any such assignment by HCEIPL does not relieve you of your obligations under this Agreement.