Terms of Use - Terms of Use

Welcome to www.fujifilm.co.nz (Site). This Site is subject to the terms and conditions (Terms) set outbelow and any other specific terms and policies that may apply from time to time.

These Terms govern your use of this Site, your access to our Services and your relationship with us. Byusing this Site you accept these Terms. If you do not agree to these Terms, or any subsequentamendments, please do not use this Site.

These Terms may be updated or changed from time to time at our sole discretion. Revised Termsdisplayed on the Site from time to time will apply to your use of the Site and its content. If there is anysignificant change in the Terms, we will post the updated Terms on the Site to keep you updated. Yourcontinued use of the Site indicates your acceptance of any changes to these Terms.

Please read these Terms carefully. Acceptance of these Terms creates a binding legal agreementbetween you and us in consideration of us providing the Site and permitting you to access and use theServices. You will comply with these Terms and will use the Site and the Services in a manner that isstrictly consistent with these Terms.

1. Definitions

1. 1. In these Terms the following expressions will have the following meanings unless otherwise
   stated:

   Services                 means any services we offer you via the Site (including any
                                   new features or services that are added to the Site from time
                                   to time).
   us, we or our         means FUJIFILM NZ Limited.
   you                         means anyone who visits or uses the Site.

2. Information about us

2. 1. The Site is operated by us. We are registered in New Zealand under New Zealand Business Number 9429040727882 and have our registered office at 2C William Pickering Drive, Rosedale, Auckland 0632.

3. Grant of licence

3. 1. We grant you the right to access and use the Site, such right being non-exclusive and non- transferable and limited by these Terms.

4. Products and services

4. 1. We advertise products and services on our Site for sale to consumers and business customers. Such products and services are also subject to any terms of trade, warranty terms and other applicable terms that may apply.

5. Your responsibilities

5.1  While using the Site, any content on the Site or any part of the Services, you must:

5.1.1 comply with these Terms and any other agreements which you may have with us;

5.1.2 make sure all information which you supply to us is current, complete, accurate and provided for in a timely manner;

5.1.3 comply with all applicable laws, regulations, standards and codes in any jurisdiction;

5.1.4 not damage or disrupt the Site, its content or any Services;

5.1.5 not access, use or interfere with anybody else’s service or email or other communications which are not intended for you; and

5.1.6 not use the Site, its content or any part of the Services to:

1. infringe copyright or any other intellectual property right held by us, any other customer, any advertiser or any other person in any jurisdiction;
2. engage in any activities in such a manner as to expose us or any other third person who is involved in making the Services available to you, to liability or to adversely affect our name, reputation or business or any such third person;
3. send spam, chain letters, pyramid schemes, hoaxes or other similar unsolicited communications of any kind;
4. abuse, defame, threaten, stalk or harass others;
5. send objectionable language, content, or any expressions of hatred or any discriminatory remarks of any kind;
6. run any network scanning software, spiders, spyware software, robots, open relay software, or any such similar software;
7. introduce any viruses, worms, trojan horses, time bombs or bots or any other harmful or destructive items or in any other way interfere with our, or anyone else’s network or computer system;
8. use or run any software or device which may interfere with the Services which are intended to be enjoyed by other users through use of mail bombs, war dialling, pinging or other disruptive technical means; or
9. frame the Site as part of another site or cacite for commercial benefit.

6. Reliance on information

6. 1. Information within the Site may change from time to time. While every effort will be made to ensure that the information contained on the Site is accurate and up to date, we make no warranty, representation or undertaking (whether expressed or implied) as to the accuracy, completeness, or usefulness of any information contained on the Site, or that it will meet your requirements or that it will be suitable for your purposes nor do we assume any legal liability (whether direct or indirect) or responsibility for the accuracy, completeness, or usefulness of any information contained on the Site. You should make your own inquiries and seek independent advice before acting or relying on any information or material which is made available to you pursuant to any information contained on the Site.

7. Site content

7.1 We attempt to display product images as accurately as possible on the Site. However, we cannot guarantee that the colour you see matches the product colour, as the display of the colour depends, in part, upon the monitor you are using.

7.2 We may refer to any product or service that is available generally in New Zealand. This does not imply or confirm that such product or service is available in any particular store.

7.3 We may change the format and content of the Site or the Services at any time. We may terminate or suspend the operation of the Site (or terminate or suspend the provision of any Services) for support or maintenance work, in order to update the content or for any other reason. We may do this at any time and without notice. You agree that we shall not be liable to you or any third party for any modification, suspension or discontinuance of the Site or Services.

8.  Intellectual property rights

8.1 We either own or have the right to use the copyright, trademarks and general rights akin to those rights in any jurisdiction with respect to the Site, its content and the Services (Fuji IP). You acknowledge that you have no claim or interest in Fuji IP.

8.2 You must not, nor permit any other person to, copy, adapt, alter, modify or reproduce, reverse assemble, reverse compile (whether digitally, electronically, by linking, or in hard copy or by any means whatsoever) or use any Fuji IP, without our prior written consent, or do any act that would or might invalidate or be inconsistent with Fuji IP, unless such copying, reproduction or use is required for the purpose of using the Site, its content or the Services in the manner in which they are intended to be used.

8.3 You must notify us of any actual, threatened, or suspected infringement of Fuji IP and of any claim by any third party that any use of the Site or the Services infringes any rights of any other person, as soon as that infringement or claim comes to your notice. You shall (at our expense) do all such things as may reasonably be required by us to assist us in pursuing or defending any proceedings in relation to any such infringement or claim.

9. Trademarks

9.1 Each of the various trademarks and product names and logos used, quoted and/or referenced within Site are our trademarks or registered trademarks of our related companies. You agree not to display or use such marks, logos and/or branding without our prior express written permission.

10. Disclaimer of warranty

10.1 If you use the Site, its content or any part of the Services for purposes other than in relation to a business, we accept that you have may rights under the Consumer Guarantees Act 1993. If you use the Site, its content or any part of the Services for business purposes, then that Act does not apply. Nothing in these Terms is intended to affect any rights which you may have under such legislation which we are unable by law to exclude or limit in accordance with these Terms.

10.2 To the extent permitted by law, the Services are provided “as is” with no warranties whatsoever and all express, implied and statutory warranties including the warranties of merchantability, non-infringement and fitness for a particular purpose are expressly disclaimed. You acknowledge that access to the Site and use of the Services is at your own risk.

10.3 We will endeavour to allow you access to the Site, however we make no representation or warranty (whether express or implied) that the Site or any Services will:

1.        operate on a continuous or fault free basis, or at any particular time or location;
2. be secure or private; or
3. be free of viruses or other harmful features       

10.4 We are not responsible for your use of the Site or any Services which is inconsistent with the directions or instructions for use or which is contrary to these Terms.

10.5 We disclaim any warranties for the security, reliability, timeliness and performance of the Services. We disclaim any liability in relation to the acts or omissions of any third parties for any default by them regarding the provision of or access to, the Site, its contents or any Services.

11.1  We (including our officers, employees or agents) will not be liable, whether in contract, tort (including negligence), equity or on any other basis to you or any third party for any direct, indirect or consequential damage, loss, cost or expense, damage to property, injury to persons, loss of profits, loss of data or revenue, loss of use, lost business or missed opportunities, wasted expenditure or savings which you might have had arising from:

     11.1.1 the use of, or ability to use or navigate, the Site;

11.1.2 the content of the Site;

11.1.3 the Services, including without limitation, any interruption to the Services;

11.1.4 any amendment to these Terms for any reason; and

11.1.5 any breach in the security of your computer, mobile or other electronic device by unauthorised third parties.     

11.2 Nothing in these Terms excludes or limits our liability for:

11.2.1 death or personal injury caused by our negligence;

11.2.2 fraud or fraudulent misrepresentation;

11.2.3 defective products under the Consumer Guarantees Act 1993; or

11.2.4 any other matter for which it would be illegal for us to exclude or attempt to exclude our liability.

11.3 We will not be liable for any cost, loss or damage caused or incurred by a distributed denial-of- service attack, viruses or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of Site or the Services or to your downloading of any material posted on the Site, or on any website linked to it.

11.4 You will be liable for all losses if you act fraudulently at any time, either alone or together with any other person, in using the Site or the Services. You are also liable for losses where any act or omission of yours has contributed to causing those losses.

11.5 You agree that regardless of any statue or law to the contrary, any claim or cause of action arising out of or related to use of the Site or the Services or these Terms must be filed within 1 year after such claim or cause of action arose.

11.6 Where you are procuring goods or services advertised on the Site via an associated website operated by us (Associated Site), any limitation of liability prescribed for in the terms and conditions of the Associate Site shall apply to the respective goods and services.

12.1 You shall indemnify us (including our officers, employees agents) from and against all claims, costs (including solicitor and client costs), expenses, demands or liability, damages and losses whether direct, indirect, consequential, or otherwise, and whether arising in contract, tort (including in each case negligence), or equity or otherwise arising directly or indirectly from your use of the Site or the Services, your breach of any of these Terms, or any obligation that you may have to us.

13.1 Links to websites outside of the Site are provided as a convenience to you. We do not necessarily endorse the content of such third party sites or publications. We make no warranty, representation or undertaking (whether expressed or implied) as to the accuracy, completeness or usefulness of the information in the links, nor do we assume any legal responsibility for the accuracy, completeness or usefulness of the information in the links.

14.1  When we consider that a breach of these Terms has occurred, we may at our discretion take such action as we deem appropriate. Any material breach of these Terms may result in us taking all or any of the following actions:

14.1.1  immediate, temporary or permanent withdrawal of your right to use the Site or any Services;

14.1.2  issue of a warning to you;

14.1.3  legal proceedings against you for reimbursement of all costs on an indemnity basis (including, but not limited to, reasonable administrative and legal costs) resulting from the breach;

14.1.4  further legal action against you; or

14.1.5  disclosure of such information to law enforcement authorities as we reasonably consider necessary or as required by law.

14.2  We exclude our liability for all action we may take in response to breaches of these Terms. The actions described above are not limited, and we may take any other action we reasonably deem appropriate.

15.1  Recognising the global nature of the Internet, you agree to comply with all local laws and rules regarding online conduct and acceptable use. Specifically, you agree to comply with all applicable laws regarding the transmission of technical data exported from the country in which you reside.

16.1  Governing Law. This agreement shall be governed by the laws of New Zealand and the partiessubmit to the jurisdiction of the Courts of New Zealand.

16.2  Force Majeure. A party will not be liable for non-performance or delay in performance caused by any extraordinary event or circumstance beyond the control of such party including, without limitation, wars, strikes or other industrial failure, internet failure, riots, hostilities, revolutions, national emergency, explosions, civil commotion, embargoes, fire, flood, earthquake, volcanic eruption or other force of nature or “Act of God”.

16.3  Severability. If any court of competent jurisdiction finds any provision or part thereof of these Terms to be illegal, invalid or unenforceable, that provision or part thereof shall be severed
from these Terms and the remaining terms shall remain in force and constitute the Terms between us and you with respect to use of the Site and its content and the Services.

16.4  Entire Agreement. These Terms constitute the entire agreement between us and you with respect to the use of the Site its content and the Services.

16.5  Waiver. Our failure to enforce any right or provision of these Terms will not constitute a waiver of the right or provision.

16.6  Privacy. The privacy of your personal information is important to us. To the extent that we collect any personal information about you through the Site, we will use that information for the purpose for which it was acquired in accordance with our Privacy Policy located at www.fujifilm.com/nz/en/privacy.

16.7  Notices. All notices to us should be sent by email to our Privacy Officer at ffnz.privacyofficer@fujifilm.com or via phone 0064 9 414 0400.

Updated: 25 January 2021