Terms & Conditions

These Terms and Conditions, including any additional terms (such as the Rental Terms) or Website Policies available through the Website, form the agreement between the customer (you and your) and Nikon Australia Pty Ltd ABN 34 121 761 537 (Nikon, we, us and our).  These Terms apply to your access to and use of our Nikon Store websites (which can be found at www.nikon.com.au and https://nikonaustralia.force.com/loginportal/Nikon_Login_Redirect) (Websites) and to the ordering, purchase and delivery of Products from the Website.

By accessing the Website and/or submitting an Order, you agree to be bound by, and to abide by, these Terms and Conditions.  If you do not agree to these Terms and Conditions, then you must stop using the Website (including any content available on the Website and any services offered on the Website).

Nikon reserves the right in its sole and absolute discretion to modify the Terms and Conditions without providing notice to you, by posting an updated version of the Terms and Conditions on the Website.  If you are a Member, or you have otherwise agreed to receive communications from us via email, we will notify you of modifications to the Terms and Conditions via the email address which you gave us to receive email communications from us.  If these Terms and Conditions are amended, you must comply with the updated Terms and Conditions.  You agree that your continued use of the Website after such amendment constitutes acceptance of the amendments and evidences your agreement to abide by and be bound by such modifications.  As such, Nikon recommends and advises that you regularly check these Terms and Conditions for any amendments.

If you do not understand these Terms and Conditions or if you have any questions, please contact our Customer Service Centre on 1300 401 200 or email us at Orders.Nau@nikon.com, and one of our representatives will be happy to assist you.

You should BE AWARE OF SEVERAL key terms

These Terms and Conditions, including any additional terms or Website Policies, form the agreement between you and Nikon.  The Terms and Conditions apply to use of our Nikon Store website and ordering, purchase and delivery of our Products.  In this summary we outline some of the key terms that apply to you, including terms regarding the supply of our Products to you.  This summary is designed to assist you by disclosing certain terms that affect you.  However it is not a substitute for reading and understanding the Terms and Conditions.  Please contact us if you have any questions.

Your information and data

Nikon collects personal information about you that is necessary for us to perform our functions and to provide you with a better service, including to process orders made by you, communicate special offers, run competitions, conduct market research and to comply with Nikon's legal obligations.

To use the Website, you will need to grant Nikon certain permissions and access to your Device.  This includes, for example, enabling the Website to use cookies.  Nikon may collect personal information and data relating you from your use of the Website and disclose such information and data to third parties in accordance with the Terms and Conditions, Nikon's Privacy Policy and applicable laws. 

Key points from Nikon's Privacy Policy include:

·         Disclosure of personal information: Nikon may disclose your personal information internally within the Nikon Corporation group of companies, to our service providers (eg IT service providers and marketing agencies) which may be located outside of Australia, and to anyone else to whom you authorise us to disclose your personal information.  Within Nikon, only designated Nikon employees or agents who need to carry out legitimate business functions for Nikon are permitted to view personal information and are bound by strict confidentiality guidelines.

·         Use and disclosure of credit information: Nikon may disclose your credit information for the purpose of assessing your application for credit, managing your relationship with us and collecting overdue payments.  Nikon may disclose your credit information internally within the Nikon Corporation group of companies, credit reporting bodies, Nikon's credit insurers and Nikon's insurance brokers.  Nikon may be entitled to disclose to a credit reporting body if you fail to meet your consumer credit obligations or if you commit a serious credit infringement.

We will not otherwise sell or distribute your personal information to third parties unless we have your consent (or are required by law to do so).  However, you should be careful when posting Content on the Website as it is considered public and Nikon is under no obligation of confidentiality regarding Content you post.

Limitations of our liability

Nikon's liability to you and certain third parties is limited under the Terms and Conditions.  These limitations of liability generally apply where Loss or liability:

·         is caused by your act, omission or breach of the Terms and Conditions (e.g. a failure by you to advise us of any change to your details, or to notify us if you believe your account has been breached);

·         is caused by circumstances outside Nikon's reasonable control (e.g. due to force majeure events or where Nikon is unable to achieve anticipated delivery timeframes due to factors beyond its control);

·         is caused by general risks associated with using the Internet, such as threats posed by viruses;

·         relates to the reliability or performance of the Website (e.g. if you are unable to access the Website due to a slow internet connection or there are too many users trying to access the Website);

·         is due to terminating your access to the Website or Membership under the Terms and Conditions;

·         is caused because of any delay in the delivery or change in delivery times of the Product(s); or

·         is due to any delay in processing a refund due to you.

To the extent permitted by law (including under the Australian Consumer Law and the Consumer Guarantees), Nikon excludes all representations, guarantees, conditions, warranties, rights, remedies, liabilities and other terms that may be conferred or implied by statute, general law or custom.  If you are a Consumer acquiring goods or services that are not PDH Good or Services, we limit our liability for a failure to comply with any Consumer Guarantee (except if that would cause all or part of this clause to be void) to, at our option:

·         for goods, repairing or replacing the goods or paying for them to be repaired or replaced; and

·         in the case of services, re-supplying the services or paying the cost of having the services re-supplied.

Your liability

Any transactions on the Website under your Membership ID are binding.  For this reason, you must:

·         keep your Membership ID and password secure and confidential at all times; and

·         promptly notify us if you have reason to believe that there has been a security breach of your account.

You will be liable for any charges incurred by us that are caused by your failure to state the Delivery Address correctly (e.g. redelivery fees).  If we do not receive your payment before the Product is delivered to you, we may reclaim the Product from you even if it has been delivered to you, and we may keep or re-sell the Product.

Termination of access

Nikon may suspend or terminate your Membership account, or remove your access to the Website, without notice for the following reasons:

·         if you have breached or we suspect that you have breached these Terms and Conditions;

·         if you have committed any act or omission which (a) has resulted or may result in Nikon incurring any liability; (b) causes or may cause damage to Nikon's reputation; (c) has or may have a negative impact on any other Member(s); or

·         if Nikon decides to change its My Nikon Life offering.

Nikon may ask you to cease any conduct we believe is contrary to your obligations under the Terms and Conditions, and you must immediately comply with our request.  If you fail to do so, we may terminate and block your access to the Website or the services provided by the Website.  Nikon also has the right to monitor, edit, disclose, delete and refuse to transmit or post any content submitted or published using the Website.

Modifications to Terms and Conditions

You should regularly check these Terms and Conditions for any amendments.  Nikon may modify the Terms and Conditions at its discretion without providing notice, by posting an updated version of the Terms and Conditions on the Website.  You agree that your continued use of the Website after such amendment constitutes acceptance of the amendments.
1.                  Definitions

1.1              Australian Consumer Law has the meaning given in section 4 of the Competition and Consumer Act 2010 (Cth), as amended, replaced or superseded from time to time.

1.2              Business Day means any day other than a Saturday, Sunday, public holiday or bank holiday in Sydney (NSW).

1.3              Confirmation Email has the meaning given in clause 15.4.

1.4              Consumer has the meaning given in section 3 of the Australian Consumer Law.

1.5              Consumer Guarantees has the meaning given in clause 18.1.

1.6              Content  means all and any data, information, articles, films, materials, sound recordings or images that Nikon posts, uploads or transmits on or through the Website (including without limitation all Intellectual Property rights that such items contain).

1.7              Delivery Address has the meaning given in clause 16.1.

1.8              Device means your own internet-enabled device that is compatible with the Website and has a current and working internet connection.

1.9              Intellectual Property means all intellectual property rights, registered or unregistered, and related rights, including but not limited to, copyright, patents and trade marks belonging to Nikon or any company in the Nikon Group.

1.10           Loss means any liabilities, losses, damages, costs and expenses (including legal costs and expenses, regardless of whether incurred or awarded) arising in contract, tort (including negligence) or otherwise, and Losses has a corresponding meaning.

1.11           Member means a member of My Nikon Life.

1.12           Membership means membership of My Nikon Life.

1.13           Membership ID means the My Nikon Life user ID that is created upon registration of Membership.

1.14           My Nikon Life, the online photography community for enthusiast and professional photographers from Nikon Australia, accessible using the address https://nikonaustralia.force.com/loginportal/Nikon_Login_Redirect.

1.15           Nikon Group means Nikon and any of its present or former related bodies corporate (as that term is defined in section 50 of the Corporations Act 2001 (Cth)).

1.16           Order means an offer made by you to purchase any Products available on the Website.

1.17           Order Date has the meaning set out in clause 15.4.

1.18           Privacy Policy means our privacy policy, as amended from time to time and published on the Website accessible using the address www.nikon.com.au/privacypolicy (or any replacement web page from time to time).

1.19           Product(s) means any and all goods and services advertised, sold, distributed and promoted by Nikon or any third party on the Website.

1.20           Rental Terms means the terms and conditions governing the hiring and use of equipment offered for hire by Nikon on the Website accessible using the address [available at launch of rental] (or any replacement web page from time to time).

1.21           Returns Policy means our returns policy, as amended from time to time and published on the web page accessible using the address www.nikon.com.au/returns (or any replacement web page from time to time).

1.22           Website Policies means all other policies, including but not limited to the Privacy Policy and Returns Policy which may be applicable to you at different stages of usage of the Website.

2.                  Scope of Terms and Conditions

2.1              You agree to comply with and observe all applicable laws, regulations, codes of practice and directives including without limitation the laws of Australia in connection with your access to, and your use of, the Website.

2.2              These Terms and Conditions are applicable to the Website, but not necessarily to other Nikon websites.  You should read the terms and conditions of any other Nikon website you visit from time to time.

2.3              Every Order you place with us on the Website will constitute a separate and binding agreement, in accordance with these Terms and Conditions, between you and Nikon.

2.4              The Website is intended for use within Australia only.  Nikon makes no representation that the Content contained herein is appropriate or available for use in other locations/jurisdictions outside Australia.

3.                  Licence

3.1              Subject to clause 24, we grant you a revocable, non-transferable, non-exclusive licence to use the Website on your Device for your own purposes, and to download and print out a copy of the Content for your own personal use.

3.2              You must not (and must not attempt to):

(a)           except as permitted by the licence set out above, use or copy any part of the Website without our prior written consent;

(b)           distribute, translate, modify or tamper with, any part of the Website;

(c)            create derivative works of or from any part of the Website;

(d)           sell, rent, lease, sub-license, assign, exchange or otherwise transfer your rights under these Terms and Conditions; or

(e)           permit or assist any person to engage in any act described in paragraphs (a) to (d) above.

4.                  Use of Website as a Member or a guest

4.1              You may access and use the Website as a guest or as a Member of My Nikon Life.  If you are hiring any equipment under the Rental Terms, you must do this under a Membership account.   Clauses 4.3 to 5.5 apply to Membership only and do not apply to persons who wish to use the Website as a guest only.  

4.2              To obtain Membership, you must be aged eighteen (18) years or older, or obtain the consent of a parent or guardian.  Persons under the age of eighteen (18) are not permitted to place an order for Products on the Website.    

4.3              To become a Member of My Nikon Life, you must register a Membership account at https://nikonaustralia.force.com/loginportal/Nikon_Login_Redirect and comply with the Membership requirements described in these Terms and Conditions. You must provide accurate and complete details of yourself, including your name, address, telephone number and a valid email address.

4.4              Membership is only effective when your online registration is accepted and communicated to you by Nikon via an email acknowledging the new Membership.  You will receive a Membership ID and will be required to create a password.  We may decline to provide you with a Membership ID or a password or to permit you to register a Membership ID or a password for the Website in our sole discretion.

4.5              You may use your My Nikon Life Membership ID and password for your transactions on the Website.

4.6              My Nikon Life Members must be individual persons and not corporate entities.

4.7              One Membership is allowed per person.

4.8              Membership is strictly area specific and intended for users residing in Australia only.  If, at any time, you are no longer residing in Australia, please inform Nikon promptly by emailing us at Orders.Nau@nikon.com or calling us at our Customer Service Hotline1300 401 200 .  Nikon will reply to you with details of how your Membership may be affected or terminated by Nikon.

5.                  Membership account security

5.1              Membership is non-transferable.

5.2              You must keep your Membership ID and password secure and confidential, and you are responsible and liable for any activity on your Membership account as if that activity was by you.  This includes but is not limited to any and all Products purchased under your Membership ID.

5.3              Any transaction or use of the Website under your Membership ID which is authenticated by your password will be deemed to be undertaken by you, on your behalf or as your agent, with due authorization from you at all times.  Any transaction made on the Website under your Membership ID is binding on you.

5.4              You must promptly notify Nikon by email to Orders.Nau@nikon.com if you have reason to believe that there has been a breach of the security of your Membership account, including but not limited to loss, theft or unauthorized disclosure or use of your Membership ID or password.  To the maximum extent permitted by law, Nikon will not be liable for any loss or damage arising from your failure to comply with your obligations under this clause 5.  Until Nikon receives notice of a breach of security of your Membership account, you remain fully liable for any transactions made under your Membership ID.

5.5              Nikon reserves the right to suspend or terminate your Membership account without notice for any of the following reasons:

(a)           if you have breached or we suspect that you have breached these Terms and Conditions;

(b)           if you have committed any act or omission which:

(i)             has resulted or may result in Nikon incurring any liability;

(ii)            causes or may cause damage to Nikon's reputation;

(iii)           has or may have a negative impact on any other Member(s); or

(c)            if Nikon decides to change its My Nikon Life offering.

 

6.                  Information you are required to provide

6.1              You are required to provide accurate and complete information about yourself when requested in order to obtain Membership or otherwise purchase Products from the Website.  You may update the information you have submitted online from time to time via the Website by updating your Membership Account or by contacting Nikon at 1300 401 200 or emailing us at Orders.Nau@nikon.com.  

6.2              You must promptly inform Nikon if any of your contact or other details which you register with us change, including but not limited to:

(a)           your home address;

(b)           your contact number; and

(c)            your email address.

6.3              Nikon is not responsible or liable for any Loss resulting from any failure by you to advise Nikon of any change to your personal details.

7.                  Use of the Website

7.1              You must provide your own internet access and Device in order to use the Website.  You are responsible for all internet access, data download and other network charges arising from your use of the Website and you acknowledge and agree that we have no responsibility or liability for those charges.

7.2              You are responsible for the operation and maintenance of your Device and for ensuring that the Website is accessible from your Device.

7.3              We are under no obligation to monitor any transmissions made or content submitted or (where applicable) published using the Website.  However, we have the right to monitor, edit, disclose, delete and (where applicable) refuse to transmit or post any such transmissions and content.

8.                  Performance of the Website

8.1              We will use reasonable endeavours to generally make the Website available during our normal business hours.  However, the availability of the Website depends on various third party suppliers of both you and us, and accordingly, we do not warrant or guarantee that:

(a)           you will be able to use the Website at any time; or

(b)           your use of the Website will be continuous, uninterrupted, secure or error-free.

8.2              You acknowledge and agree that the Website may not be available for use from time to time, and that you may be disconnected from your use of the Website at any time for any reason, including if:

(a)           any network connection difficulties occur;

(b)           the systems providing those services are unavailable for any reason (including so that maintenance can be performed);

(c)            you breach any of these Terms and Conditions; or

(d)           we decide to terminate your access to those services.

8.3              We make no guarantee as to the reliability or performance of the Website.  The performance of the Website depends on various factors, including the functions, capacity and configuration of your Device, the speed of your internet connection, and the number of users accessing the Website and the systems that support it.

8.4              The information available through the Website is subject to updates from time to time and, while we aim to ensure that it is up-to-date, there may be delays, errors or omissions that could affect its currency or accuracy.  You acknowledge and agree that you will make your own enquiries to determine whether the information you obtain through the Website is current, complete and accurate before using it.

9.                  Your obligations

9.1              You must not use (or attempt to use) the Website:

(a)           for any unlawful or dishonest activity, or any activity prohibited by these Terms and Conditions;

(b)           to access, transmit, publish or communicate material which:

(i)             is false, inaccurate, defamatory, offensive, inflammatory, obscene, unsuitable for minors, abusive, indecent, threatening, or otherwise unlawful;

(ii)            is xenophobic, racist, abusive, harassing or hateful;

(iii)           is invasive of a person’s privacy or constitutes personal abuse directed at other users;

(iv)          constitutes spam, commercial advertising, the promotion of gambling or the promotion of your own site, business or organisation;

(v)            contains a virus or other harmful code;

(vi)          infringes a person's copyright or other rights (including any other intellectual property rights); or

(vii)         contains links to other sites that contain or promote the material identified in paragraphs (i) to (vi) above;

(c)            to obtain unauthorised access to (or damage, disrupt or interfere with the operation of) any computer, system, application, network or service;

(d)           to transmit, publish or communicate bulk and/or unsolicited messages;

(e)           in any way that may bring negative exposure or harm to us, our suppliers or other users of the Website; or

(f)             in any way that may cause us, our suppliers or other users of the Website to incur liability to a third party.

9.2              We may ask you to cease any conduct which we believe is contrary to your obligations under these Terms and Conditions, and you must immediately comply with any such request.  If you fail to do so, we may terminate and block your access to the Website or the services provided by the Website.

10.              Security of the Website

10.1           To use the Website and its features as intended, you must:

(a)           enable the Website to use cookies; and

(b)           grant it any other permissions and access to your Device that it requires from time to time.

10.2           If you do not grant these permissions and this access, you may be unable to use the Website or some of its features.

10.3           The Website uses the internet to provide services and information.  By using the Website, you acknowledge and agree to accept all risks associated with using the internet, including the potential exposure to viruses and harmful code which may affect your Device.

10.4           We do not warrant or guarantee the security of the Website.  You are solely responsible for the security of your Device (including any data stored on that Device) and for using appropriate and up-to-date software on your Device to detect and manage the threat posed by viruses and other harmful code.

11.              Third party links

11.1           The Website may contain links to other websites over which we have no control.  Those links are provided for your convenience only, and we are not responsible for their use, effect or content.  We make no representations or warranties as to, and accept no responsibility for, the accuracy of information on those websites, nor do we endorse any information, opinions, goods or services referred to on them.

12.              Placing Order for Products

12.1           All representations (in any material form) of Products for sale by Nikon on the Website constitute an invitation to treat. Accordingly, your placement of an Order on the Website constitutes an offer to Nikon on the basis of these Terms and Conditions which can be accepted or rejected by it in its discretion, and does not form a binding contract with Nikon.

12.2           To place an Order, you must:

(a)           submit a fully completed order form for the relevant Product(s);

(b)           confirm the Order details in accordance with the procedure on the Website; and

(c)            pay the full amount for the Product(s) (including any applicable taxes and delivery charges) using the payment facility on the Website.

12.3           Overseas payments will not be processed.

12.4           Your Order will be complete once you receive a Confirmation Email.

12.5           Nikon makes no guarantee, endorsement, representation or warranty, express or implied, that you will receive a Confirmation Email.  You agree that it is your responsibility to contact us if you have not received a Confirmation Email within 24 hours of placing an Order.

12.6           Nikon reserves the right to accept or reject any Order made by you for any reason (or no reason), including but not limited to, an error in the price quoted or an error in your Order.  We are not responsible or liable to you for any Loss you or any third party suffers as a result of the rejection of an Order.  We will notify you if your Order has been rejected either on the Website or by using the email address you provide to us.

13.              Availability of Products

13.1           Features and specifications of Products advertised, provided and made available on the Website are subject to change at any time without notice.  While we will use reasonable endeavours to do so, we do not guarantee that the information contained on our Website is always accurate and up-to-date, and in particular note the following:

(a)           weights, measurements, colours and sizes provided are only approximate;

(b)           any accessory featured with the Product is for illustration purposes only, and may be sold separately; and

(c)            specifications provided are subject to change from time to time due to refinements and improvements.

13.2           While Products advertised, provided and made available on the Website are generally available for purchase in Australia, to the fullest extent legally permitted nothing on the Website implies, represents or warrants that such Products are or will be available at the various local Nikon authorised representatives in Australia.  You should therefore check with your local Nikon authorised representative for specific product availability in your locality.

13.3           If any Product in your Order is out of stock or unavailable, Nikon will use reasonable endeavours to contact you within three Business Days of Nikon receiving the Order to arrange a full or partial refund, or to replace the Product with a comparable product in a similar price range (where available) with your agreement, or to come to an alternative arrangement as mutually agreed between you and Nikon.

13.4           Nikon reserves the right to discontinue or suspend the sale of any Product on the Website at any time, without notice to you.  Subject to clause 19.5(c), Nikon disclaims and excludes any liability resulting from the discontinuance or suspension of any Product.

13.5           Nikon reserves its right to correct any errors to features and specifications, pricing, and any other information related to a Product published on the Website.

14.              Price

14.1           All prices displayed on the Website are quoted in Australian Dollars and where applicable, are inclusive of GST (as defined in A New Tax System (Goods and Services Tax) Act 1999 (Cth)) and all other government taxes unless stated otherwise.

14.2           Prices indicated on the Website for each Product do not, unless otherwise expressly stated, include delivery and handling charges.

14.3           All prices contained on the Website are subject to change at the sole and absolute discretion of Nikon without notice to you.

15.              Payment

15.1           Payment may be made by credit card, debit card, Afterpay, Zippay, direct deposit or, if approved by us in our discretion, by account.

 

15.2           Payment of the full price of an Order (including applicable GST, other taxes and delivery and handling charges) must be received and cleared by Nikon before Nikon accepts your Order.  If payment cannot be processed, your Order will be rejected and you will be notified of this on the Website or to the email address you provide.

15.3           In paying or attempting to pay for the Product(s), you agree that you will not engage, and have not engaged, in any fraudulent conduct or contravened any law.

15.4           After your payment for the Order has been successfully processed, you will receive an email confirming that Order with an invoice that indicates the breakdown of the price of each Product and shipping/delivery fee payable by you, applicable GST and the total invoice amount (Confirmation Email).  The date of this Confirmation Email will be deemed to be the date of the Order (Order Date).

15.5           Notwithstanding anything in clause 15.4, Nikon may, after you have received the Confirmation Email, reject the Order if Nikon suspects you have engaged in any fraudulent conduct or otherwise contravened any law in making the Order.

16.              Delivery and Risk

16.1           Nikon only delivers Products ordered from the Website within Australia.  The delivery address specified in your order form (Delivery Address) must be within Australia and must not be a freight forwarding location or a PO Box.

16.2           The Product(s) included in your Nikon-confirmed Order will be despatched to the Delivery Address.  If you do not state the Delivery Address correctly or do not provide a Delivery Address that complies with clause 16.1, you will be liable for any extra charges incurred by Nikon (for example, redelivery fees).

16.3           You will receive an email notification (including tracking details) once your Order has been despatched.  There may be more than one email notification if Products in your Order are despatched at different times.

16.4           You may request changes to the Delivery Address by contacting Nikon at 1300 401 200 at least 24 hours before the scheduled despatch date specified in the Confirmation Email.  However, you acknowledge that Nikon may not be able to accommodate all change requests and Nikon retains the discretion to decide whether to allow the requested change to the Delivery Address.

16.5           If your Order has been despatched and Nikon is unable to make a requested change to the Delivery Address, Nikon will not be responsible for any Loss suffered by you as a result of the Product(s) being delivered to the original Delivery Address you provided to Nikon.

16.6           You acknowledge and agree that Products may not be available for immediate delivery.  You understand that whilst Nikon aims to despatch Products within standard shipping timeframes of three Business Days  of the Order Date, Nikon is unable to warrant that these timeframes will always be met.

16.7           You acknowledge and agree that Nikon may not be able to achieve the anticipated delivery timeframes advised to you under clause 16.3 due to factors beyond its control, and that delivery timeframes may change due to unforeseen circumstances.  Nikon will not be liable for any Loss suffered by you or any third party, directly or indirectly, as a result of any delay in the delivery or change in delivery times of the Product(s).

16.8           Risk in the Product(s) passes to you on the date and time of delivery of the Product(s) to you.

16.9           If Nikon is unable to despatch your Order for delivery to you within three Business Days of the Order Date, Nikon will contact you.

17.              Title

17.1           Title in the Product(s) passes to you on the later of the date on which the Product(s) are delivered to you and the date on which we receive and accept full payment of all amounts due in respect of the Products, including any GST, other taxes, and any handling and delivery fees.

17.2           If we do not receive your payment before the Product is delivered to you, or your payment is declined, reversed or otherwise rejected for any reason, we reserve the right to reclaim the Product(s) from you even if they have been delivered to you or otherwise moved from the Delivery Address, and we reserve the right to keep or re-sell those Product(s).

18.              Consumer Guarantees

18.1           Under the Australian Consumer Law (and other similar legislation of Australian states and territories), certain statutory guarantees are conferred in relation to the supply of goods or services to a Consumer (Consumer Guarantees).

18.2           If, under these Terms and Conditions, you acquire goods or services, as a Consumer:

(a)           that are a kind ordinarily acquired for personal, domestic or household use or consumption (PDH Good or Services), the operation of the Consumer Guarantees cannot be, and are not in these Terms and Conditions, excluded, restricted or modified; or

(b)           that are not PDH Good or Services, we limit our liability for a failure to comply with any Consumer Guarantee (other than where to do so would otherwise cause all or part of this clause to be void) to, at our option:

(i)             in the case of goods, repairing or replacing the goods or paying the cost of having those goods repaired or replaced; and

(ii)            in the case of services, re-supplying the services or paying the cost of having the services re-supplied.

18.3           We do not exclude or limit the operation of the Consumer Guarantees under any other provision of these Terms and Conditions or in any other manner and you agree it is fair and reasonable in all the circumstances for our liability to be so limited.

19.              Order Cancellations, Refunds and Returns

19.1           Nikon will not accept cancellations or changes to an Order once it is placed except as provided for under these Terms and Conditions.

19.2           Please choose your Product(s) carefully as we will generally not provide a refund or exchange simply because you have changed your mind.

19.3           If, however, the Product(s) you have ordered arrive damaged, inoperable or otherwise in contravention of the Consumer Guarantees or other applicable law, you may:

(a)           have rights under our Returns Policy;

(b)           be able to rely on your rights as a Consumer under the Australian Consumer Law as set out in clause 18; or

(c)            elect to have the Product(s) repaired or replaced by Nikon, by contacting Nikon under clause 19.4 of these Terms and Conditions.

19.4           Please contact Nikon at 1300 401 200within 14 days after receipt of the Product(s) if you would like to make a return, or request the repair or replacement of the Product(s).

19.5           Nikon will contact you to provide a full refund in respect of your Order  if:

(a)           Nikon rejects your Order pursuant to clause 12.5 and payment has already been processed;

(b)           Nikon is unable to fulfil your Order and a comparable product or alternative arrangement cannot be agreed upon pursuant to clause 13.3;

(c)            the Product in your Order has been withdrawn or suspended from sale pursuant to clause 13.4 and payment has already been processed; or

(d)           Nikon is unable to deliver your Order for reasons beyond its control.

19.6           Nikon will not be liable to you for any Loss which you or any third party may suffer as a result of any delay in processing any refund due to you under clause 19.5.

20.              Warranties

20.1           Except for the Consumer Guarantees and these Terms and Conditions and to the extent permitted by law, Nikon makes no guarantee, endorsement, representation, warranty or promise, express or implied or statutory, including but not limited to:

(a)           that any emails sent from the Website will be received by you or received by Nikon if sent by you nor does Nikon warrant the privacy or security of emails during internet transmission;

(b)           regarding the reliability, performance or security of the Website; or

(c)            that the information you obtain through the Website is or will be current, complete or accurate at all times.

20.2           Nothing in these Terms and Conditions attempts to limit or exclude liability for death or personal injury arising from Nikon's negligence or fraud.

20.3           You represent and warrant to Nikon that:

(a)           all information supplied by you to us is true, accurate, complete and up to date;

(b)           the nominated representative to receive the Product(s) in the event that you are unable to accept delivery is duly authorised by you;

(c)            you are above the age of eighteen (18) and have capacity to enter into a contract of purchase;

(d)           you have read, understood and accepted all the Terms and Conditions before placing an Order with us; and

(e)           you are not acting in contravention or any law or regulations.

21.              Exclusion and limitation of liability

21.1           You acknowledge and agree that your access to, and use of, the Website is at your own risk.

21.2           To the extent permitted by law and subject to clause 18, we exclude from these Terms and Conditions all representations, guarantees, conditions, warranties, rights, remedies, liabilities and other terms that may be conferred or implied by statute, general law or custom (except any guarantee or right conferred under any legislation (including the Australian Consumer Law), the exclusion of which would contravene legislation or cause part or all of this clause to be void).

21.3           Except for any liability under the Consumer Guarantees, we exclude all responsibility and liability arising from or in connection with your use of the Equipment, including, without limitation:

(a)           any and all actual or anticipated loss of profits, revenue, goodwill, savings, data, business opportunity, or expectation, and any and all indirect, special, consequential, punitive or exemplary Losses; and

(b)           any other Losses.

21.4           To the maximum extent permitted by law and subject to clause 18, Nikon disclaims all liability (including any indirect, special, incidental or consequential damage or Loss) suffered or incurred by you or any third party, whether directly or indirectly, by reason of any use or misuse of, or reliance upon, the Website, including but not limited to any Loss, damage or expense arising from or in connection with any defect, error, imperfection, fault, mistake, misrepresentation or inaccuracy in, of, or on the part of (as is applicable) the Website or its Contents, the downloadable Content or due to any unavailability of the Website or any part thereof or any contents or associated Products or services.

22.              Termination of Membership and suspension, withdrawal of or changes to the Website

22.1           Nikon reserves the right to, in its sole and absolute discretion, at any time, without notice to you and without liability, terminate your Membership or take other action it deems necessary or appropriate, if Nikon reasonably believes that you have breached these Terms and Conditions.

22.2           Nikon reserves the right to:

(a)           suspend your use of, or withdraw, the Website and any of its features or components; or

(b)           add to, amend remove, or disable access to, any part of the Website and any of its features or components,

in each case at any time and for any reason, without notice to you and without liability.

23.              Privacy

23.1           Unless restricted by applicable law, you agree that any and all personal information and data relating to you collected by Nikon from the Website from time to time may be used and disclosed for such purposes and to such persons as may be in accordance with these Terms and Conditions, Nikon's Privacy Policy and applicable legislation, including for the purposes of making available the Website, complying with our legal obligations, and improving the user experience in relation to the Website.

23.2           If you use the Website, the information that we may collect and store includes, without limitation:

(a)           the type of operating system and/or other software or firmware used by your Device;

(b)           the data you send and receive using the Website, and the type and quantity of that data;

(c)            the dates on which and times at which you use the Website; and

(d)           the IP and MAC address of your Device.

23.3           You agree that Nikon is under no obligation of confidentiality to you regarding the Content posted, uploaded or transmitted to Nikon by you on the Website unless agreed otherwise in a separate contract between yourself and Nikon or as required by law.

23.4           All areas and portions of the Website are considered public and, as such, you acknowledge and agree that there is no expectation of privacy or confidentiality.  Nikon reserves the right to maintain, and make use of chat logs, and any other means that it deems in its sole and absolute discretion necessary or appropriate, to ensure that users of the Website are complying with the Terms and Conditions and any applicable Website Policies.

23.5           You represent and warrant to us that the personal information you provide to us is complete and accurate.

23.6           See our Privacy Policy for more details on how Nikon deals with your personal information here.

24.              Intellectual Property

24.1           Nikon is the owner or authorised licensee of any and all Intellectual Property, rights and interests (including but not limited to copyright as applicable) in the Website and the Products.  All Contents of the Website, including, but not limited to, the text, graphics, links and sounds are the copyright of Nikon or its licensors.

24.2           All copyright and other Intellectual Property Rights in and used on the Website (including all trade marks, names and logos, whether registered or unregistered, appearing on the Website)  unless otherwise stated, are trade marks, service marks and Intellectual Property rights held by Nikon or companies within the Nikon Group.  No permission or license is granted to use any such trade mark, service mark or Intellectual Property right without prior written consent of Nikon, companies within the Nikon Group or its legal representatives (as the case may be).  You must not use or register as a trade mark, business name or domain name any trade mark, name or logo similar to those used by or associated with Nikon.

25.              Interpretation

25.1           In case of any conflict or inconsistency between any provision of these Terms and Conditions and any provision of any Website Policy, the provisions of these Terms and Conditions prevail over the provisions of the Website Policies.

26.              General

26.1           Severability – If any part of these Terms and Conditions is found to be void, invalid, unlawful or unenforceable, that provision is deemed to be ineffective only to the extent of the prohibition, invalidity or unenforceability without invalidating the remaining provisions.  The remaining Terms and Conditions remain in force and constitute a binding agreement between you and Nikon.

26.2           Relationship between the parties – Nothing in these Terms and Conditions constitutes the parties as partners or joint venturers or agents for the other party or give rise to any other form of fiduciary relationship between the parties.

26.3           No waiver – We do not waive a right, power or remedy in connection with these Terms and Conditions if we fail to exercise or delay in exercising the right, power or remedy.

26.4           Entire agreement – These Terms and Conditions, including any additional terms or Website Policies which may be applicable at different stages of usage of the Website, contains the entire agreement between the parties about its subject matter.  Any previous understanding, agreement, representation or warranty relating to that subject matter is deemed superseded by these Terms and Conditions and has no further effect.

26.5           Force majeure – To the extent permitted by applicable law and subject to clause 18, Nikon will not be liable to you for any failure to fulfil, or delay in fulfilling, its obligations caused by circumstances outside of its reasonable control.

26.6           Governing law – These Terms and Conditions are governed by the laws of New South Wales, Australia.  You submit to the non-exclusive jurisdiction of the courts of New South Wales, Australia and the courts having appeal from them.  

26.7           Dispute resolution – If you have any issue arising out of these Terms and Conditions or in relation to the Website, an Order or Product(s), you agree to notify us in writing and use reasonable endeavours to resolve the matter through discussions or correspondence with us before commencing any court or tribunal proceedings.

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