Terms of Use

1.                ACCEPTANCE OF TERMS

1.1          Welcome to instaxshop.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://instax.ecommercewebsites.co.nz/terms-and-conditions?Preview=True

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.

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         Instax camera accessories and film information; and

6.1.2         the tools and medium to order and pay for Instax 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.

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

6.4          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.

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://instax.ecommercewebsites.co.nz/terms-and-conditions?Preview=True

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,

(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.             YOUR INDEMNITY

11.1       You agree to indemnify us against any losses or liabilities that we may suffer through a breach of these Terms of Use, by you.

12.             RELIANCE ON INFORMATION POSTED

12.1       We do not give you any representations about the usefulness 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.

12.2       We also make no warranty as to the accuracy, reliability, suitability or currency of the information on the Website.

12.3       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.

13.             INTERNATIONAL USE

13.1       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.

14.             GST

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

15.             INDEMNITY

15.1       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.

16.             NO RESALE OF SERVICES OR PRODUCTS

16.1       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.

17.             MODIFICATIONS TO SERVICES

17.1       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.

18.             LINKS FROM WEBSITE

18.1       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.

19.             LINKING TO WEBSITE

19.1       You may link to the Website home page, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists.

19.2       You must not establish a link from any website that is not owned by you.

19.3       This Website must not be framed on any other site, nor may you create a link to any part of the Website other than the home page. We reserve the right to withdraw linking permission without notice.

19.4       The website from which you are linking must comply in all respects with these Terms of Use.

19.5       If you wish to make any use of material on the Website other than that set out above, please contact us.

20.             PROPRIETARY RIGHTS

20.1       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.

20.2       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.

20.3       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.

21.             LEGAL NOTICES

21.1       You expressly acknowledge and agree that:

21.1.1     

your use of the Services is at your sole risk. The Services are provided on an "as is" and "as available" basis. Subject to our Refund Policy

[insert hyperlink to Refund Policy], to the fullest extent permitted by applicable law, we , our Related Parties and any third parties connected to us expressly disclaim all warranties, conditions and other terms of any kind, whether expressed or implied, including, but not limited to any implied term of merchantability, satisfactory quality, fitness for a particular purpose, and any term as to the provision of the Website or the Services to a standard of reasonable care and skill or as to non-infringement of any intellectual property right;

21.1.2     

we make no warranty or representation that: (i) the Website or the Services will meet your requirements; (ii) the Website or the Services will be uninterrupted, timely, secure, or error-free; (iii) the results that may be obtained from the use of the Website or the Services will be accurate or reliable; (iv) the quality of any products, services, information, or other material purchased or obtained by you through the Website or the Services will meet your expectations; or (v) any errors in the Software will be corrected;

21.1.3     

downloading or otherwise obtaining any material through the use of the Website or the Services is done at your own discretion and risk, and you will be solely responsible for any damage to your computer system or loss of data that results from the download of any such material; and

21.1.4     

no advice or information, whether oral or written, obtained by you from us or through or from the Website or the Services shall create any warranty or other obligation on our part that is not expressly stated in these Terms of Use.

22.             LIMITATION OF LIABILITY

22.1       You expressly acknowledge and agree that we, and any third parties connected to us, shall not be liable for:

22.1.1      any direct, indirect, incidental, special, consequential or exemplary damages, costs, losses, damages for loss of profits, goodwill, use, data or other intangible losses (even if we have been advised of the possibility of such damages), resulting from: (i) the use or the inability to use the Website or the Services; (ii) the cost of procurement of substitute goods and services resulting from any goods, data, information or services purchased or obtained or messages received or transactions entered into through or from the Website or the Services; (iii) unauthorised access to or alteration of your transmissions or data; (iv) statements or conduct of any third party on the Website or the Services; or (v) any other matter relating to the Website or the Services; and

22.1.2      any other loss or damage of any kind, however arising and whether caused by tort (including negligence), breach of contract or otherwise, even if foreseeable.

22.2       The above does not affect our liability for death or personal injury arising from our negligence, or our liability for fraudulent misrepresentation or misrepresentation as to a fundamental matter, or any other liability which cannot be excluded or limited under applicable law.

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

23.              VIRUSES, HACKING AND OTHER OFFENCES

23.1       You must not misuse the Website by knowingly introducing viruses, Trojans, worms, logic bombs or other material which is malicious or technologically harmful to the Website, the Services or any of our interests. You must not 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. You must not attack the Website via a denial-of-service attack or a distributed denial-of service attack.

23.2       In the event of any breach of this clause 23, your right to use the Website and the Services will cease immediately.

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

24.             NOTICE

24.1       Notices to you may be made via either email or regular mail. This Website may also provide notices of changes to these Terms of Use or other matters by displaying notices or links to notices to you generally on the Website.

25.             TRADEMARK INFORMATION

25.1       instaxshop.co.nz the Instax 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.

26.             GENERAL INFORMATION

26.1       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.

26.2       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.

26.3       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.

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

26.5       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.

26.6       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.

26.7       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.

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

 

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