Terms of Use

Welcome to the Xerox Workplace Kiosk. These terms of service (“Terms”) together with our Privacy Statement describe your rights and responsibilities respecting access to and use of the Kiosk website and services (collectively the “Services“).  Please read these Terms carefully.  Capitalized terms used herein which are not defined when first used within these Terms have the meanings set forth in Section 8.  By using the Services you are agreeing to be bound by these Terms and our Privacy Statement (https://www.xerox.com/en-us/about/privacy-policy).  If you do not agree to these Terms or the Privacy Statement, please do not use the Services.

Xerox Corporation (“Xerox“) reserves the right to revise these Terms to reflect changes to Applicable Laws or changes, improvements or enhancements made to our Services.  Your use of the Services is subject to the most current version of the Terms posted at the time of such use.

  1. YOUR CONTENT.
    1. When using the Services you may provide Content that you scan, print, copy, send, or otherwise process using the Services. You retain all right, title, and interest in and to any Content you submit to the Services.  You authorize Xerox and its affiliates, subcontractors, and agents to collect, use, process, and transmit Content (1) to provide the Services you request and (2) as necessary for (i) detecting, preventing, investigating and addressing security incidents or unlawful use of the Services, (ii) preventing and addressing service or technical problems and (iii) maintaining, updating, and improving the Service.  You hereby grant Xerox worldwide, non-exclusive, royalty-free, sublicensable, limited term license to access, use, process, copy, distribute, perform, export, and display your Content as reasonably necessary for the foregoing.
    2. You represent and warrant that you own, have or have obtained all necessary licenses, rights, consents, and permissions under all Applicable Laws, to grant the rights and permission to Xerox and its subsidiaries, affiliates, subcontractors, and agents to collect, use, process, and transmit Content, including without limitation any Personal Data contained therein, as set forth in these Terms.
    3. By using the Services you acknowledge and agree that: (i) the Content is received and processed by the Services and returned to you under your control, and (ii) Xerox is processing such Content at your direction. You further acknowledge, agree and consent that Content may be transmitted through Internet-based, third party computing resources and infrastructure existing outside of your environment and processed in the United States or any other country in which Xerox, its subsidiaries, affiliates, subcontractors, agents or partners maintain facilities.
  2. SECURITY AND DATA PRIVACY.
    1. Xerox has implemented and will maintain technical and administrative security measures designed to protect Content submitted to the Service from unauthorized access, use or disclosure. However, Xerox makes no representation or warranty as to the adequacy or suitability of using the Services to process Content containing Personal Data or Sensitive Information.  Without limiting the foregoing, you acknowledge and agree that the Services are not designed or intended for processing Content containing Sensitive Information.
    2. Xerox may request and/or collect Personal Data in connection your use of the Services. Any such Personal Data request and/or collected by Xerox is collected, processed, and protected by Xerox as described in the Xerox Privacy Statement at https://www.xerox.com/en-us/about/privacy-policy.
    3. By submitting, uploading, or transmitting Content to the Service and/or receiving processed Content via email you acknowledge and agree that Content may be transmitted through Internet-based, third party computing resources, infrastructure and telecommunications networks (“Internet Resources”). You acknowledge that Internet Resources may be insecure and agree that Xerox is not liable for any changes to, interception of, or loss of Content while using Internet Resources.
  3. FAX SERVICES. Internet Fax services are delivered using a third-party service from OpenText.  The Content you submit to and your use of the fax services is subject to the OpenText Privacy policy (https://www.opentext.com/about/privacy).  Internet Fax services is an optional feature and may not be available at all Xerox Kiosk locations.
  4. PAYMENT PROCESSING. Processing of payments for Kiosk Services is administered by Stripe, a third-party payment processor and subject to Stripe’s payment processing terms and conditions which are made available to you by Stripe prior to processing your payment.  Such payment processing terms and conditions are solely between you and Stripe.  Personal Data and other information that is shared with or otherwise collected by Stipe is subject to the Stripe Privacy Statement at https://stripe.com/privacy (United States) and https://stripe.com/en-gb/privacy (United Kingdom).
  5. CONFIDENTIALITY.
    1. Content that you provide to Xerox for the purpose of performing the Services will be treated as your “Confidential Information,” except to the extent such Content (a) was known to Xerox prior to receipt from you; (b) becomes known to Xerox directly or indirectly from a source other than one having an obligation of confidentiality to you; (c) is independently developed by Xerox, its affiliates, subcontractors, or agents without any use of or reference to your Content; or (d) becomes publicly known or otherwise ceases to be secret or confidential.
    2. Except as may be otherwise authorized by you, Xerox (and its affiliates, subcontractors and agents acting on our behalf) will not use your Confidential Information for any purpose outside of providing the Services or outside of the scope and use described in these Terms.
    3. Notwithstanding anything to the contrary in these Terms, Xerox (and its affiliates, subcontractors and agents acting on our behalf) may disclose your Content: (i) when a good faith belief exists that disclosure is necessary to protect the rights of Xerox or its affiliates, subcontractors and agents under these Terms, to protect the safety of others, or to investigate fraud or other illegal activity; (ii) to law enforcement, government agency, or other third-party if required by a subpoena or other compulsory legal process; (iii) as required by law; and/or (iv) in the event of a merger, acquisition or reorganization of Xerox or a relevant portion of its assets, to the acquiring or surviving entity.
  6. THIRD-PARTY MANAGED DEVICES.
    1. Through your use of the Services you may process content and/or engage in Services transactions using printing devices, that are owned and/or controlled by persons or entities other than Xerox (“Third-party Managed Devices”). You acknowledge and agree that:
      1. the persons or entities offering use of Third-party Managed Devices (“Third-party Providers”) operate independently of Xerox and are not an agent or representative of Xerox;
      2. the configuration and settings, including without limitation security and access controls, of the Third-party Managed Devices and the network and Internet Resources are determined and managed solely by Third-party Providers; and
  • if you print, scan, fax, or otherwise process Content that on a Third-party Managed Device, the Third-party Provider that owns and/or controls the Third-party Managed Device may have access to your Content for the purpose of completing your transaction.
  1. You are solely responsible for determining whether the Third-party Provider and Third-party Managed Device provide appropriate data security, privacy and confidentiality safeguards for your Content processed on the Third-party Managed Device. The terms and conditions governing treatment of Content processed on and all transactions initiated from a Third-party Managed Device, including, but not limited to fees charged, any refund policy, warranties, and/or guarantees are set by and agreed to solely between you and the a Third-party Provider.
  2. XEROX MAKES NO REPRESENTATION OR WARRANTY OF ANY KIND, WHETHER EXPRESS OR IMPLIED, TO YOU AS TO THE ADEQUACY OR SUITABILITY OF DATA SECURITY, PRIVACY AND CONFIDENTIALITY SAFEGUARDS PROVIDED BY THIRD-PARTY PROVIDERS AND THIRD-PARTY MANAGED DEVICES AND DISCLAIMS ANY AND ALL LIABILITY FOR ANY DAMAGES ARISING FROM OR RELATED TO YOUR ACCESS TO OR USE OF THIRD-PARTY MANAGED DEVICES. YOU AGREE THAT YOU ARE SOLELY RESPONSIBLE FOR DETERMINING WHETHER THE THIRD-PARTY PROVIDER POLICIES AND PRACTICES MEETS YOUR REQUIREMENTS FOR PROCESSING YOUR CONTENT.
  1. PROHIBITED CONDUCT.
    1. You agree that you will not and will not allow any third party to use the Services: (i) to violate, or encourage the violation of, the legal rights of others; to engage in, promote or encourage illegal activity; (ii) for any unlawful, invasive, infringing, defamatory or fraudulent purpose; (iii) to intentionally distribute viruses, worms, Trojan horses, corrupted files, hoaxes, or other items of a destructive or deceptive nature; to generate, distribute, publish or facilitate unsolicited mass email, promotions, advertisings or other solicitations (“spam”); or (iv) on behalf of or for the benefit of any entity or person who is legally prohibited from using the Services.  Without limiting the foregoing, you agree that you will not use the Services in a manner that violates or attempts to violate any laws, statutes or regulations, including, without limitation, any applicable privacy and data protection laws or to engage in or encourage any activity that is illegal, deceptive, harmful, violating others’ rights, or harmful to others.
    2. You further agree that you will not and will not permit any third party to: (i) conduct any audit, probe, testing or assessment of the security of the Services; (ii) attempt to disable, interfere with, circumvent, or disrupt any aspect of the Services including, without limitation, attempting to disable or circumvent any security, license control or otherwise avoid incurring or paying any usage fees or charges; (iii) cause or permit any robot, bot, utility, or any automated process to access the Services; or (iv) attempt to discover, gain access to or extract the source code for the Services or reverse engineer, modify, decrypt, extract, disassemble or decompile the Services any part thereof (except to the extent such restriction is expressly prohibited by applicable law).
  2. DISCLAIMER OF WARRANTY. YOU ACKNOWLEDGE AND AGREE THAT THE SERVCES ARE PROVIDED “AS IS”, WITHOUT WARRANTY OF ANY KIND BY XEROX OR ITS AFFILIATES, SUBCONTRACTORS, OR AGENTS. XEROX AND ITS AFFILIATES, SUBCONTRACTORS, AND AGENTS EXPRESSLY DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, WHETHER CREATED BY STATUTE OR OTHERWISE, INCLUDING, BUT NOT LIMITED TO, ANY WARRANTIES OF FITNESS FOR A PARTICULAR PURPOSE, MERCHANTABILITY OR NON-INFRINGEMENT OF THIRD-PARTY RIGHTS.  XEROX AND ITS LICENSORS DO NOT WARRANT THAT THE SERVICES WILL MEET YOUR PARTICULAR REQUIREMENTS, THAT IT WILL OPERATE UNINTERRUPTED OR ERROR FREE, OR THAT DEFECTS IN THE SERVICES CAN OR WILL BE CORRECTED.  ALL WARRANTIES AND REPRESENTATIONS MADE BY PERSONS OTHER THAN XEROX, INCLUDING, BUT NOT LIMITED TO, ITS SUBCONTRACTORS OR AGENTS, ARE ALSO DISCLAIMED.  THE WARRANTY DISCLAIMERS SET FORTH HEREIN MAY NOT APPLY IN CERTAIN JURISDICTIONS, IN WHICH CASE THE WARRANTEES HEREUNDER SHALL BE THE MINIMUM REQUIRED BY APPLICABLE LAW.
  3. LIMITATION OF LIABILITY. NOTWITHSTANDING ANY DAMAGES THAT YOU MIGHT INCUR, THE ENTIRE LIABILITY OF XEROX AND ITS AFFILIATES, SUBCONTRACTORS, AND AGENTS FOR ANY DAMAGES ARISING FROM OR RELATED TO YOUR ACCESS TO OR USE OF THE SERVICES OR OF XEROX OTHERWISE ARISING UNDER THIS AGREEMENT AND YOUR EXCLUSIVE REMEDY WILL BE LIMITED TO THE GREATER OF THE AMOUNT ACTUALLY PAID TO XEROX FOR THE SERVICES OR U.S. $10.00.  IN NO EVENT WILL XEROX OR ITS AFFILIATES, SUBCONTRACTORS, AND AGENTS BE LIABLE TO YOU FOR ANY LOST BUSINESS OPPORTUNITY, LOST PROFITS OR REVENUES, OR FOR ANY SPECIAL, INDIRECT, CONSEQUENTIAL, INCIDENTAL, EXEMPLARY OR PUNITIVE DAMAGES, WHETHER IN CONTRACT, TORT OR OTHERWISE, AND HOWEVER CAUSED, AND REGARDLESS OF THE THEORY OF LIABILITY ARISING OUT OF THE USE OF OR INABILITY TO USE THE SERVICE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND EVEN IF THE ABOVE REMEDY FAILS OF ITS ESSENTIAL PURPOSE.  THE LIMITATIONS OF LIABILITY SET FORTH HEREIN MAY NOT APPLY IN CERTAIN JURISDICTIONS AND THUS MAY NOT APPLY TO YOU; IN SUCH CASES, XEROX’S AND ITS AFFILIATES, SUBCONTRACTORS, AND AGENTS LIABILITY HEREUNDER SHALL BE THE MINIMUM REQUIRED BY LAW.
  4. APPLICABLE LAWS. These Terms shall be governed by and construed in accordance with the laws of the State of New York, without giving effect to any principles of conflicts law. You agree that any dispute arising from or relating in any way to this Site will be brought exclusively in the Federal or State courts located in the State of New York and you irrevocably agree to submit to the jurisdiction of such courts. You further agree to indemnify, defend and hold harmless Xerox and its agents and affiliates against any claim, liability, expense or damages arising from or relating to your use of the Services. If any provision of these Terms shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from these Terms and shall not affect the validity and enforceability of any remaining provisions.
  5. DEFINITIONS.
    1. “Applicable Laws” means all applicable local, state, national, and international laws, regulations, treaties and conventions, including, without limitation, those related to data privacy and data transfer, data security, electronic communications, intellectual property rights, or the exportation of technical information or Personal Data.
    2. “Content” means any and all data, data files, documents, graphics, messages, photographs, images, text, and/or other information or materials that you submit to, retrieve from, generate, or otherwise process in connection with your use of the Services.
    3. “Personal Data” means personal data as that term or similar terms are defined by applicable privacy and data protection laws, including, without limitation, any information that could reasonably be used to identify living person, including but not limited to his or her name, address, e-mail address, payment card number, telephone number etc.
    4. “Privacy Statement” means the Xerox privacy statement found at https://www.xerox.com/en-us/about/privacy-policy which is incorporated into and forms a part of these Terms.
    5. “Sensitive Information” means any (i) special categories of personal data enumerated in European Union Regulation 2016/679, Article 9(1) or any successor legislation; (ii) protected health information regulated by the Health Insurance Portability and Accountability Act, as amended and supplemented; (iii) credit, debit or other payment card data subject to Payment Card Industry Data Security Standards; (iv) social security numbers, driver’s license numbers or other government ID numbers; or (v) any data similar to the foregoing that is protected under foreign or domestic laws or regulations.