FUJISQUAD SITE TERMS OF USE

FUJIFILM NZ Limited

FUJIFILM NZ Technical Services Online Training

Welcome to the FUJISQUAD Online Training Programme, provided to you by FUJIFILM NZ, through this Website.   This Website provides you with access to the Programme that you may enter and participate in, in accordance with these Terms.

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

2.                    Application of these Terms

2.1            These Terms set out the terms and conditions of the Programme.  Please read these Terms carefully.  You must accept and comply with these Terms to access or use the Programme.   By ticking the "accept Terms" box on the registration page of this Website you accept these Terms and acknowledge and agree that these Terms create a legally binding contract between you and FUJIFILM NZ that you will comply with and be bound by.  If you do not agree with these Terms you must not access or use the Programme or the Website.

2.2            If there is any significant change in the Terms, we will post the updated Terms on the "Terms" page of this Website and revised Terms will apply to any transaction relating to the Website and/or Programme between you and us after they have been updated on this Website.

3.                    Becoming a Member

3.1            Eligibility : To become a Member and participate in the Programme, you must:

3.1.1            be a FUJIFILM NZ Retailer Employee; and

3.1.2            have successfully completed the registration process in accordance with these Terms.  

For the avoidance of doubt, membership in the Programme is free and does not require you purchase FUJIFILM NZ products.

3.2            Entry : Entry in the Programme requires a participant to have internet access and a valid email address unique to the participant.

3.3            Ineligibility : Employees of FUJIFILM NZ, or persons who have been involved in the organisation or implementation of the Programme are not eligible to participate in the Programme.

3.4            Registration : To become a Member of this Website you must go to the registration page of this Website and:

3.4.1            complete the registration form (name, email address, password, the employing FUJIFILM NZ retailer and store location);

3.4.2            acknowledge and agree to these Terms; and

3.4.3            submit the registration form by clicking on “Submit”. 

You will only become a Member of this Website and eligible to participate in the Programme, once FUJIFILM NZ confirms your registration by sending you an email confirming your registration.  FUJIFILM NZ reserves the right to ask for proof that you are currently employed by a FUJIFILM NZ Retailer.  

Only one (1) online registration entry per person is permitted.  Multiple registration attempts beyond this limit will not be accepted for registration.

Incomplete, late, or lost registrations will not be accepted for registration.  Any attempt to alter or submit a registration form, other than as expressly specified in these Terms or on this Website, is strictly prohibited and will result in disqualification of that attempted registration.   Correspondence about registration will be answered at FUJIFILM NZ’s discretion.

4.                    Member passwords, Member Account access rights and responsibilities

4.1            Access : Your email address is your username.   You must select a password as part of the registration process.   You must login using your username and password to access the Programme.   You are responsible for keeping your username and password confidential.   You are solely responsible for all activities that occur under your username and password, including all unauthorised activities.   Your username and password can be reset by contacting admin@fujisuadtraining.co.nz.

You must:

4.1.1            immediately notify FUJIFILM NZ of any unauthorised use of your username and password or any other breach of security related to this Website or the Programme; and

4.1.2            ensure that you exit from your Member Account at the end of each session by logging out and/or closing down your browser.  

4.2            FUJIFILM NZ’s responsibilities :   FUJIFILM NZ:

4.2.1            will encrypt your password on its database;

4.2.2            is entitled to act on instructions received under your username and password; and

4.2.3            will not be liable for any changes made to your Member Account by another individual who uses your username and/or password, or for any loss or damage arising from your failure to adequately safeguard your username and/or password.

4.3            Access to Member Account information :   Generally, only you will be entitled to access your Member Account information.  You consent to FUJIFILM NZ's employees or contractors accessing your Member Account on a case-by-case basis to investigate any matter including but not limited to technical issues, to make changes to the Programme, to resolve any issue with your access to the Programme or to investigate complaints or allegations of abuse.  FUJIFILM NZ will comply with court orders and co-operate with investigations by government agencies.   Under these circumstances, your Member Account information may be shared with others with or without your knowledge or consent.

4.4            Your responsibilities :   While using the Website and/or Programme, you must:

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

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

4.4.3            not damage or disrupt the Website and/or Programme;

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

4.4.5            not use the Website and/or Programme to:

(a)            infringe copyright or any other intellectual property right held by us, any other customer, any advertiser or any other person in any jurisdiction;

(b)            engage in any activities in such a manner as to expose us or any other third person who is involved in making the Programme available to you, to liability or to adversely affect our name, reputation or business or any such third person;

(c)             send spam, chain letters, pyramid schemes, hoaxes or other similar unsolicited communications of any kind;

(d)            abuse, defame, threaten, stalk or harass others;

(e)            send objectionable language, content, or any expressions of hatred or any discriminatory remarks of any kind;

(f)              run any network scanning software, spiders, spyware software, robots, open relay software, or any such similar software;

(g)             introduce any viruses, worms, trojan horses, time bombs or bots or any other harmful or destructive items or in any other way interfere with our, or anyone else’s network or computer system;

(h)            use or run any software or device which may interfere with the Website and/or Programme through use of mail bombs, war dialling, pinging or other disruptive technical means; or

(i)              frame the Website as part of another site or cache the Website for commercial benefit.

5.                    Rejection of applications and disqualification

5.1            FUJIFILM NZ reserves the right to reject any application for registration and disqualify any person who, as determined by FUJIFILM NZ in its absolute discretion:

5.1.1            provides false information in the registration process;

5.1.2            attempts to gain additional registrations beyond those allowed by these Terms;

5.1.3            cheats in any FUJISQUAD Programme module tests/quizzes;

5.1.4            attempts to tamper with the Programme;

5.1.5            harasses or interferes with any other Member;

5.1.6            otherwise acts in an inappropriate or unsportsmanlike way; or

5.1.7            commits a breach of these Terms.

6.                    Programme

6.1            General Description : The Programme consists of a series of online training modules for particular FUJIFILM NZ Photo Products and equipment made available on this Website.

6.2            Methods of Participation : There are two (2) separate methods of participating in the Programme during a Programme period: (1) registration participation; and (2) training module participation. Participation and entry through registration is a precondition to being provided access to training module participation.   Each method of participation is further described below.

6.2.1            Registration participation :   To enter the Programme, you must, successfully register to become a Member in accordance with clause 3.4 .

6.2.2            Training module participation :   To participate in the Programme through the training module participation method, you must be a Member and:

(a)            successfully complete a FUJISQUAD Online Training module made available on this Website; and

(b)            successfully complete the online quiz at the end of that online training module by answering the specified number of the quiz questions correctly, the number of correct answers required to pass may vary between modules.  Where you answer less than the number of the presented questions correctly, you will be given an opportunity to retake the quiz.

7.                    Privacy and publicity

7.1            The privacy of your personal information is important to us. To the extent that we collect any personal information about you through the Website or Programme, we will use that information for the purpose for which it was acquired in accordance with our Privacy Policy located at  http://www.fujifilm.co.nz/support/privacy-policy.

7.2            FUJIFILM NZ will capture and share your personal data with your employer for reporting purposes – this will include, but is not limited to, your current training progress, module completion rates, quiz scores, your name and your assigned store location (your email address will not be disclosed by FUJIFILM NZ to your employer). Limited employees at FUJIFILM NZ will be able to access the above data for reporting purposes.

7.3            By participating in the Programme, you authorise FUJIFILM NZ to publish your identity for promotional and media publicity purposes, and you further waive any claims to royalty, right or remuneration for such use.

7.4            FUJIFILM NZ respects your right to privacy and will only use the information you provide to conduct the Programme and for the related publicity mentioned above, unless you have indicated to  FUJIFILM NZ that you wish to receive newsletters or promotional materials on a periodic basis.   FUJIFILM NZ does not generally require you to provide personal information to visit and use FUJIFILM NZ websites.   Please note that to participate in the Programme, you must provide certain personal information to FUJIFILM NZ (including your e-mail address, name, employing company name (employer), physical address, telephone number, etc.).  If you choose not to provide personal information, you will not be able to participate in Programme and FUJIFILM NZ will have the right to refuse registration and/or deactivate your Member Account. 

7.5            From time to time, FUJIFILM NZ may offer special promotions for participating retailers.   For any promotion offered, eligible participants must agree to an additional set of rules or terms that will be presented at the time of registration into the promotion.

8.                    Disclaimer of warranty

8.1            If you use the Website or the Programme for purposes other than in relation to a business, we accept that you may have rights under the Consumer Guarantees Act 1993 (Act).   If you use the Website or the Programme for business purposes, then you agree that Act does not apply.  Nothing in these Terms is intended to affect any rights which you may have under such legislation which we are unable by law to exclude or limit in accordance with these Terms.

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

8.3            We will endeavour to allow you access to the Website, however we make no representation or warranty (whether express or implied) that the Website or Programme will:

8.3.1            operate on a continuous or fault free basis, or at any particular time or location;

8.3.2            be secure or private; or

8.3.3            be free of viruses or other harmful features.

8.4            We are not responsible for your use of the Website or Programme which is inconsistent with the directions or instructions for use or which is contrary to these Terms.

8.5            We disclaim any warranties for the security, reliability, timeliness and performance of the Website or Programme. We disclaim any liability in relation to the acts or omissions of any third parties for any default by them regarding the provision of or access to, the Website or the Programme.

8.6            FUJIFILM NZ 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 Programme or to your downloading of any material posted on the Website or Programme.

8.7            FUJIFILM NZ and its promotional agency, if any, accept no responsibility for any liability, loss, damage or claims caused by or resulting from entrance and participating in the Programme.  FUJIFILM NZ does not assume any responsibility for incorrect or inaccurate capture of information, technical malfunctions, human or technical error, printing errors, lost, late, delayed, stolen, misdirected or garbled mail, entries, data or transmissions, or the omission, interruption, deletion, defect, failures or unavailability of any telephone, PDA, computer lines or networks, electronic communications (including internet uploading or other communications), computer equipment, hardware, software or any combination thereof.   Entry materials/data that have been tampered with or altered are void.   Without limiting the foregoing, FUJIFILM NZ and its promotional agency, if any, shall not be held responsible for any problems, errors or negligence that may arise or occur in connection with the Programme including but not limited to any damage to your computer, telephone, mobile device or PDA equipment, system, software or any combination thereof, as a result of your participation in the Programme.

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

9.                    Limitation of liability

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

9.1.1            the use of, or ability to use or navigate, the Programme or this Website;

9.1.2            the content of the Website;

9.1.3            any interruption to the Programme or Website;

9.1.4            any amendment to these Terms for any reason; and

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

10.                Breach of these Terms

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

10.1.1        immediate, temporary or permanent withdrawal (ie termination of your Member Account) of your right to use the Website or any Programme;

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; or

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

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

11.                Instructions and questions – Programme Co-ordinator

11.1        Instructions and questions related to the Programme should be e-mailed to the Programme co-ordinator at admin@fujisquadtraining.co.nz.

12.                Additional Terms  

12.1        FUJIFILM NZ reserves the exclusive right to change these Terms at any time for any reason.

12.2        Written notice will consist of a posting on the "Terms" page of this Website.   Those revised Terms will apply to any transaction relating to the Programme between you and FUJIFILM NZ after they have been updated on this Website.  You agree to review the “Terms” page of this Website often to familiarise yourself with such modifications.

12.3        FUJIFILM NZ reserves the right to cancel the Programme in its sole discretion at any time without prior notice.

12.4        You may terminate your participation and membership in the Programme in writing at any time.

12.5        FUJIFILM NZ reserves the right to audit this Website and the Programme for accuracy and make adjustments as necessary.

13.                General

13.1        Governing Law .   These Terms shall be governed by the laws of New Zealand and the parties submit to the jurisdiction of the Courts of New Zealand.  

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

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

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

FUJIFILM NZ Limited – FUJISQUAD Online Training Terms – June 2021