Terms of Use 1. ACCEPTANCE OF TERMS 1.1 Welcome to fujifilmXcameras.co.nz (Website). This Website is made up of a number of pages hosted by or on behalf of Fujifilm NZ Limited. All pages are subject to the terms and conditions set out below and any other specific terms and policies that may apply from time to time.

Terms of Use

1.  ACCEPTANCE OF TERMS

1.1  Welcome to fujifilmXcameras.co.nz (Website). This Website is made up of a number of pages hosted by or on behalf of Fujifilm NZ Limited. All pages are subject to the terms and conditions set out below and any other specific terms and policies that may apply from time to time.

1.2  These Terms of Use govern your use of this Website, your access to our Services and your relationship with us. By using this Website you accept these Terms of Use. If you do not agree to these Terms of Use, or any subsequent amendments, please do not use this Website.

1.3  We may amend these Terms of Use at any time by posting the revised version of the Terms of Use on this Website. The amended Terms of Use will take effect from the time of posting on this Website.

1.4  As a condition of your use of this Website and our Services, you warrant to us that you will not use this Website or the services provided via our Website for any purpose that is unlawful or prohibited by these Terms of Use.

1.5  Please read these Terms of Use carefully as they contain exclusions and limitations of our liability to you and affect your rights and liabilities under the law.

2.DEFINITIONS

2.1  In these Terms of Use where the following terms are used, they shall have the following meanings:

2.1.1  “Services” means the on-line functions and services we provide to you through this Website.

2.1.2  “us”, “we” or “our” means Fujifilm NZ Limited.

2.1.3  “you” or “your” means the customer who is using this Website.

3.  INFORMATION ABOUT US

3.1  This Website is operated by us. We are registered in New Zealand under company number 49532 and has its registered office at 2C William Pickering Drive, Rosedale, Auckland 0745.

4  .ONLINE SHOPPING

4.1  If you wish to shop online at the Website, additional terms and conditions apply and can be viewed at http://fujifilmxseries.fueldesign.co.nz/terms-and-conditions

5.  ACCESSING OUR SITE

5.1  Access to the Website is permitted on a temporary basis, and we reserve the right to withdraw or amend the Website or the Services at any time without notice. We will not be liable if for any reason either the Website or the Services are unavailable at any time or for any period.

5.2  We do not give you any representations or warranty about the usefulness, accuracy, reliability, suitability or currency of any information contained on the Website and that it will be suitable for whatever it is you want to do with it. You should find out whether it is suitable yourself. We therefore disclaim all liability and responsibility arising from any reliance placed on such information by you, or by anyone who may be informed of any of its contents.

5.3  You acknowledge and agree that the Website and the Services are provided "as is" and that we assume no liability or responsibility for the timeliness, deletion, or unavailability of either of them for any reason.

5.4  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 Website or the Services or to your downloading of any material posted on the Website, or on any website linked to it.

5.5  You are responsible for making all arrangements necessary for you to have access to the Website. You are also responsible for ensuring that all persons who access the Website through your internet connection are aware of these Terms of Use, and that they comply with them.

6.  DESCRIPTION OF SERVICES

6.1  Through the Website, we provide users with access to a collection of on-line resources and products available for purchase, including:

6.1.1  Fujifilm X camera accessories and film information; and

6.1.2  the tools and medium to order and pay for Fujifilm X camera accessories and film found on the Website.

6.2  Unless stated otherwise, any new features that are added to the Website or the Services are automatically subject to these Terms of Use.

7.  YOUR OBLIGATIONS AND SUPERVISING CHILDREN

7.1  You agree that, when using the Website or the Services, you will provide true, accurate, current and complete information about yourself as prompted by the Website or the Services (as the case may be).

7.2  If you provide any information that is untrue, inaccurate, out of date or incomplete, or we have reasonable grounds to suspect that such information is untrue, inaccurate, out of date or incomplete, we have the right to refuse any and all current or future use of the Website and/or the Services (in whole or in part).

7.3  We are concerned about the safety and privacy of all our customers and users of the Website and the Services, particularly children. For this reason, parents who wish to allow their children access to the Website or the Services should assist them and supervise their access to the Website or the Services. By allowing your child access to the Website or the Services, you accept that they will be able to access all of the Website and the Services. Please remember that the Website and the Services are designed to appeal to a broad audience. Accordingly, as legal guardian of your child, it is your responsibility to determine whether the Website or the Services are appropriate for him or her. Children who are using the Website or the Services should be made aware of the potential risks to them and their obligation to comply with these Terms of Use when using the Website and the Services.

8.  PRIVACY POLICY

8.1  To the extent that we collect any personal information about you through this Website, we will use that information for the purpose for which it was acquired in accordance with our Privacy Policy located at http://fujifilmxseries.fueldesign.co.nz/privacy-policy

9.  YOUR OBLIGATIONS – Please Read Carefully

9.1  In using the Website, you must not:

9.1.1  do or knowingly permit any act or omission that would damage or disrupt this Website or anyone else’s use of it, or any provision of Services;

9.1.2  use this Website:

(a)  to breach copyright or other intellectual property rights held by us or anyone else;

(b)  to send unwelcome communications of any kind to anyone (spam or chain letters to name a few);

(c)  to abuse, defame, threaten, stalk or harass anyone;

(d)  to publish, post, upload or distribute any bad language or unsuitable, obscene or discriminatory information of any kind;

(e)  for running any network scanning software, spiders, spyware software, robots, open relay software or similar software;

(f)  for introducing any viruses, worms, trojan horses, time bombs or bots or any other damaging items which could interfere with our, or anyone else’s, network or computer system.

(g)  for using any software or device which may hinder the Services (like mail bombs, war dialling, pinging etc.);

(h)  using a false identity to try to trick anyone for any reason;

19.1.3  attempt to gain unauthorised access to the Website, the server on which the Website is stored or any server, computer or database connected to the Website;

19.1.4  attack the Website via a denial-of-service attack or distributed denial-of-service attack,

(collectively referred to as the Prohibited Uses).

10.  BREACH OF THESE TERMS OF USE

10.1  When we consider that you have breached these Terms of Use, we may at our discretion take such action as we deem appropriate. Any carrying on of any Prohibited Use constitutes a material breach of these Terms of Use, and may result in us taking all or any of the following actions:

10.1.1  Immediate, temporary or permanent withdrawal of your right to use the Website or the Services.

10.1.2  Issue of a warning to you.

10.1.3  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.

10.1.4  Further legal action against you.

10.1.5  Disclosure of such information to law enforcement authorities as we reasonably feel is necessary or as required by law.

10.2  If you breach these Terms of Use by using the Website or the Services for a Prohibited Use, we will have no obligation to fulfil any order you may have placed with us and you accept that you will forfeit any money paid to us in the submitting of that order.

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

11.  INTERNATIONAL USE

11.1  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.

12.  GST

12.1  All prices expressed on the Website are inclusive of Goods and Services Tax, unless otherwise expressly stated.

13.  INDEMNITY

13.1  You agree to indemnify and hold us and our officers, employees and contractors harmless from any claim or demand made by any third party or any damages, costs, losses (including, without limitation, exemplary damages, loss of profits or consequential loss) and expenses of any kind, whether direct or indirect, which arise from or in connection with any material or information you submit or transmit through the Website or the Services, your use of the Website or the Services, your connection to the Website or the Services, your breach of these Terms of Use, or your breach of any rights of any third party, or your act, omission or negligence.

14.  NO RESALE OF SERVICES OR PRODUCTS

14.1  You agree not to reproduce, duplicate, copy, sell, resell or exploit for any commercial purposes, any portion of the Website or the Services, use of the Website or the Services, or access to the Website or the Services.

15.  MODIFICATIONS TO SERVICES

15.1  We reserve the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Website or the Services (in whole or in part) with or without notice. You agree that we shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Website or the Services.

16.  LINKS FROM WEBSITE

16.1  We may provide, or third parties may provide, links to other websites or resources through the Website. Because we have no control over such sites and resources, you acknowledge and agree that we are not responsible for the availability of such external sites or resources, and do not endorse and are not responsible or liable for any advertising, products, or other materials on or available from such sites or resources. You further acknowledge and agree that we shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such goods or services available on or through any such site or resource.

17.  LINKING TO WEBSITE

17.1  You must obtain our prior written consent to link to the Website.If you would like to link to the Website please contact us.

18.  PROPRIETARY RIGHTS

18.1  You acknowledge and agree that the Website or the Services and any necessary software used in connection with the Website or the Services (Software) contain proprietary and confidential information of ours that is protected by applicable intellectual property and other laws. You further acknowledge and agree that information presented to you through the Website, the Services or the Software is protected by copyrights, trademarks, service marks, patents or other proprietary rights and laws. Except as expressly authorised by us, you agree not to modify, reproduce, rent, lease, loan, sell, distribute or create derivative works based on the Website or the Services or the Software, in whole or in part.

18.2  You agree not to access the Services by any means other than through the interface that is provided by us for that purpose on the Website.

18.3  You must not use any part of the materials on the Website for commercial purposes without obtaining a licence to do so from us or our licensors.

19.  TRADEMARK INFORMATION

19.1  fujifilmXcameras.co.nz the Fujifilm logo and product and service names are trademarks owned by us. You agree not to display or use such marks, logos and/or branding without our prior express written permission.

20.GENERAL INFORMATION

20.1  These Terms of Use constitute the entire agreement between you and us and govern your use of the Website and the Services, superseding any prior agreements between you and us. You also may be subject to additional terms and conditions that may apply when you use affiliate services, third-party content or third-party software.

20.2  These Terms of Use and any dispute or claim arising out of or in connection with them or their subject matter or formation (including non-contractual disputes or claims) shall be governed by and construed in accordance with the law of New Zealand.

20.3  The New Zealand courts will have exclusive jurisdiction over any claim arising from, or related to, the Website or the Services, although we retain the right to bring proceedings against you for breach of these Terms of Use in your country of residence or any other relevant country.

20.4  Nothing in these Terms of Use is intended to limit our rights under any applicable law.

20.5  Any failure by us to exercise or enforce any right or provision of these Terms of Use shall not constitute a waiver of such right or provision.

20.6  If any provision of these Terms of Use is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavour to give effect to the parties' intentions as reflected in the provision, and the other provisions of these Terms of Use remain in full force and effect.

20.7  Neither you nor us may assign or transfer any rights or obligations under these Terms of Use without the prior written consent of the other party, except that we shall be entitled to assign or transfer any or all of our rights and obligations (without your prior consent) to any Related Party.

20.8  The section titles in these Terms of Use are for convenience only and have no legal or contractual effect.