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.
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
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.
6.3 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.
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7.2 If you provide any information that is untrue, inaccurate, out of date or incomplete, or we have reasonable grounds to suspect that such information is untrue, inaccurate, out of date or incomplete, we have the right to refuse any and all current or future use of the Website and/or the Services (in whole or in part).
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).
10.1.1 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.
11. YOUR INDEMNITY
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.
14.1 All prices expressed on the Website are inclusive of Goods and Services Tax, unless otherwise expressly stated.
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.
19.5 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:
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;
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;
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
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.
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.
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