Fujitsu Partner Portal Terms of Use
These Terms of Use (Terms) apply to your access and use of www.fujitsugeneral.co.nz (the Website) and to websites (including the Fujitsu Partner Portal) operated by Fujitsu General New Zealand Limited or its subsidiaries or affiliates (collectively, the Fujitsu General Group) that are linked directly or indirectly to the Website (the Subsite(s)). Fujitsu General New Zealand Limited and the Fujitsu General Group are referred to within these Terms as Fujitsu, we or us.
Article 1: Application of "Terms"
PLEASE READ THE FOLLOWING TERMS AND CONDITIONS CAREFULLY. Compliance with and acceptance of these Terms is a condition to your use and/or access of the pages of the Website and/or the Subsite(s) ("the Service"). By using and/or accessing the Service, you are deemed to agree to the Terms.
Fujitsu provides the Service to you subject to these Terms, which may be updated by Fujitsu from time to time. Any updates to the Terms will be published on the Website and any applicable Subsite(s) and you may be required to click to accept the then most current version of the Terms before you use the Website and any relevant Subsite(s). You can review the most current version of the Terms at any time at: https://www.fujitsugeneral.co.nz/terms-of-use.
If at any point in time, you do not agree to be bound by and accept the Terms, you should not use the Website and/or the Subsite(s) and should immediately exit the Website and/or Subsite(s) as applicable. To the extent that any provision of these Terms conflicts with the terms of a Subsite, the Subsite's terms prevail to the extent of the inconsistency unless otherwise stated.
All information provided by us pursuant to these Terms is provided in good faith. You accept that any information provided by us is general factual information and is not in the nature of advice. We derive our information from sources which we believe to be accurate and up to date as at the date of publication. We nevertheless reserve the right to update this information from time to time. We do not make any representations or warranties that the information (including, but not limited to, graphic information) we provide is reliable, accurate or complete or that your access to that information will be uninterrupted, timely or secure. We are not liable for any loss resulting from any action taken or reliance made by you on any information or material posted by us. You should make your own inquiries and seek advice before acting or relying on any information or material which is made available to you.
Article 2: Cost and Expense
You are responsible for arranging your own access to the Service and acknowledge that access may involve third party fees (such as to Internet Service Providers). You are responsible for those fees. In addition, you shall provide and be responsible for all equipment necessary to access and use the Service. You are free to select any equipment necessary to access the Service.
Article 3: Compliance with Local Laws
Those who choose to access this Website and/or a Subsite from locations other than New Zealand may do so and are responsible for compliance with local laws if, and to the extent, local laws are applicable to your access and use of the Website and/or any Subsite.
Article 4: Availability of Products
The products and services displayed on the Website and/or the Subsite(s) may not be available for purchase in your particular country or locality if you are accessing the Website and/or the Subsite(s) from outside New Zealand. The reference to such products and services on this Website and/or the Subsite(s) does not imply or warrant that these products or services will be available at any time in your particular location. You should check with your local authorised Fujitsu General Group representative for the availability and price of specific products and services in your area.
You may offer to purchase products described on the Website. Your order is subject to Fujitu’s Terms of Sale, or as subsequently described to you. You can view the most current version of our Terms of Sale at: https://www.fujitsugeneral.co.nz/terms-of-sale.
You acknowledge that despite our reasonable precautions, products may be listed with incorrect information due to an error or oversight. In these circumstances, we reserve the right to cancel the transaction notwithstanding that your order has been confirmed or otherwise accepted. We will refund any purchase price to you for the product in question.
Article 5: Ownership of Rights and Limitation of Use
You acknowledge that all content on the Website and/or the Subsite(s), including, without limitation, information, (including product information and manuals), material, data (including sales data), text, photographs, pictures, images, music, video, audio, sound, software and documents, and any material accessed through or made available for use or download through the Website and/or the Subsite(s)), (collectively the "Content") and all copyright, trademarks, product names, logos, service marks and any other intellectual property rights, including all rights, title and interests related to the Website, any Subsite and the Content are owned by either Fujitsu General Limited, Fujitsu or any of their affiliates.
Except to the extent expressly permitted by applicable law or otherwise agreed with you, no Content on this Website and/or the Subsite(s) may be used, published, copied or reproduced, modified, translated, distributed or otherwise utilised, in whole or in part, without the prior written consent of Fujitsu or the relevant owner of the Content.
Nothing contained in these Terms will be construed as conferring by implication, estoppel or otherwise any licence or grant of other right to use any patent, copyright or trade mark or other intellectual property of Fujitsu General Group, Fujitsu or any of their affiliates unless expressly stated or otherwise agreed with you.
Article 6: Trademarks
The trademarks, product names, logos and service marks (the "Trademark(s)") used within the Website and/or the Subsite(s) are owned by either Fujitsu General Limited, Fujitsu or an affiliate unless otherwise notified by Fujitsu from time to time.
Except to the extent expressly permitted by applicable law or authorised by us in writing, no Trademark may be used, copied, modified, translated, distributed or otherwise utilised without the prior written consent of Fujitsu or the relevant owner of the Trademarks as notified by Fujitsu from time to time.
Article 7: Links from Other Sites
Unless otherwise notified by us, permission is granted to link to the Website and any Subsite (where agreed) if you comply with the following linking policy:
(i) your site shall not slander or damage Fujitsu General Group or contain inappropriate content;
(ii) your site shall not be deleterious to public order and morals, nor harm the trustworthiness or dignity of Fujitsu General Group;
(iii) your site shall not infringe a third party's rights, property (including intellectual property rights), or privacy;
(iv) you shall not create any frame or utilise framing techniques around the Contents nor create any impression (by any method) that the content of your site belongs to Fujitsu or the Fujitsu General Group;
(v) your site shall not be presented in a manner that could create the mistaken impression of a collaborative or cooperative relationship between you and Fujitsu or the Fujitsu General Group;
(vi) your site shall not create the mistaken impression that Fujitsu or the Fujitsu General Group certifies or supports your site on which the link appears; and
(vii) your site shall not be judged by Fujitsu (acting reasonably) to be inappropriate for any other reason.
Fujitsu may demand in writing, that you delete any link to its Website and/or Subsite (if applicable). This permission to link terminates automatically if you breach the Terms or any applicable terms of use on the Subsite(s). Upon receipt of a demand in writing or on automatic termination, you shall promptly remove any link to the Website and any Subsite (if applicable).
Article 8: Links from this Website and/or Subsites to Other Sites
The Service may provide links to third party websites or resources. To the extent Fujitsu has no control over such websites and resources, you acknowledge and agree that Fujitsu is not responsible for the availability or accuracy of such external third party websites or resources, and does not endorse or accept such websites or resources.
To the maximum extent permitted by law, Fujitsu is not responsible or liable for any contents, advertising, products, or other materials on or available from such external third party websites or resources.
You further acknowledge and agree that Fujitsu, the Fujitsu General Group and their affiliates shall not, to the maximum extent permitted by law, be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by harmful items (including viruses, worms, trojan horses or any other programming of a destructive nature) from a third party website or in connection with your use of or reliance on any such contents, goods or services available on or through any such third party website or resource except to the extent such damage or loss arises as the result of the negligence or wilful misconduct of Fujitsu, the Fujitsu General Group and their affiliates.
Nothing contained in the Website and/or the Subsite(s) shall be interpreted as a recommendation and/or endorsement by Fujitsu of the contents of any linked websites and any products and/or services which appear on and/or are provided through such linked websites.
Nothing contained herein shall be deemed to constitute a partnership or the like between the operators of any linked websites and Fujitsu or the Fujitsu General Group.
Viewing of any website other than this Website and/or the Subsite(s) is at your own risk and is subject to (i) any applicable law, rule, regulations of any government and (ii) the terms and conditions specified on such websites. You should carefully review and comply with the terms of use and any other terms and conditions specified in any third party websites.
You acknowledge that the Service may include references to third party trademarks and copies of third party copyrighted materials which are the property of their respective owners.
Article 9: Proposal, Transmitted Materials
Any materials, information, or ideas that you transmit, post, submit or upload to the Website or the Subsite(s) (the "Transmitted Material(s)") is deemed non-confidential and non-proprietary (unless otherwise agreed or required by law).
You agree not to:
(i) transmit, post, submit or upload anything that is defamatory, abusive, libelous, unlawful, obscene, threatening, harassing, fraudulent, pornographic, or harmful, or that could encourage criminal or unethical behaviour;
(ii) transmit, post, submit or upload anything that violates the copyright or intellectual property rights of any person or entity;
(iii) transmit, post, submit or upload a virus or any other harmful component; or
(v) contact other Website and/or Subsite users through unsolicited e-mail or other commercial electronic messages, telephone calls, mailings or any other method of communication.
Unless otherwise required by law, Fujitsu does not regularly review Transmitted Material(s), but does reserve the right to monitor and edit or remove any Transmitted Material(s) submitted to the Website and/or any Subsite.
To the maximum extent permitted by law, Fujitsu has no obligations and/or responsibility to:
(i) maintain confidentiality of the Transmitted Material;
(ii) study, evaluate, or utilise the Transmitted Material; and/or
(iii) compensate in any way the submitter or any third party even in the event that a product or service similar in whole or in part to the Transmitted Material(s) is announced or released by Fujitsu.
Unless otherwise agreed or required by law:
(i) Fujitsu may (but is not obliged to) freely use, reproduce, modify, disclose and distribute at its discretion (acting reasonably) the Transmitted Material for any purpose; and
(ii), you may not exercise any copyright or any other rights regarding the Transmitted Material.
You further consent to any alleged or actual infringements of any moral rights, including rights of attribution in connection with any copyrightable works created in connection with any Transmitted Material, and to the full extent permitted by law, waive all rights to any claims against Fujitsu with respect to any such alleged or actual infringements.
Article 10: Termination
Fujitsu reserves the right, to terminate your access to all or part of the Website and or Subsite(s) (as applicable) if, in our reasonable opinion, you have failed to comply with any provisions of these Terms. Fujitsu will endeavour to provide notice of termination of your access where possible. Upon termination of your access, you shall destroy (to the extent applicable) and verify such destruction upon request, all related materials, documentation, versions, installations and copies of the Content in your possession or control.
The provisions in these Terms relating to copyright, trade mark, disclaimer, limitation of liability, linked websites, Transmitted Materials and governing law will survive any termination.
Article 11: Export Control Regulations
Fujitsu makes no representation that the Content on the Website and/or the Subsite(s) are appropriate or available for use in the location in which you are situated (where this location is outside New Zealand ). Accessing the Content from territories where such Content is illegal is prohibited. You agree that by using or accessing the Website and/or the Subsite(s), you do so at your risk and you are, to the maximum extent permitted by law, responsible for compliance with any applicable local laws, rules and regulations relating to your use and access.
Article 12: Limitation of Liability
CERTAIN CONSUMER PROTECTION LEGISLATION, INCLUDING THE CONSUMER GUARANTEES ACT 1993, MAY CONFER RIGHTS AND REMEDIES ON YOU WHICH CANNOT BE EXCLUDED, RESTRICTED OR MODIFIED (NON-EXCLUDABLE RIGHTS). NOTHING IN THESE TERMS IS INTENDED TO EXCLUDE, RESTRICT OR MODIFY YOUR NON-EXCLUDABLE RIGHTS EXCEPT TO THE EXTENT PERMITTED BY APPLICABLE LAW.
FUJITSU WILL USE REASONABLE EFFORTS TO PLACE ACCURATE AND UP-TO-DATE INFORMATION ON THE WEBSITE AND/OR THE SUBSITE(S) BUT, TO THE MAXIMUM EXTENT PERMITTED BY LAW (INCLUDING THE CONSUMER GUARANTEES ACT 1993) AND SUBJECT TO YOUR NON-EXCLUDABLE RIGHTS, FUJITSU MAKES NO WARRANTY, REPRESENTATION OR GUARANTEE OF ITS ACCURACY, COMPLETENESS AND/OR TIMELINESS. THE CONTENT ON THIS WEBSITE AND/OR THE SUBSITES IS PROVIDED "AS IS" WITHOUT WARRANTIES, REPRESENTATIONS OR GUARANTEES OF ANY KIND, EITHER EXPRESS OR IMPLIED OR STATUTORY (INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, OR NON-INFRINGEMENT OF THIRD PARTIES' RIGHTS), EXCEPT TO THE EXTENT SUCH WARRANTIES, REPRESENTATIONS AND GUARANTEES ARE NOT LEGALLY EXCLUDABLE INCLUDING UNDER THE CONSUMER GUARANTEES ACT 1993. FUJITSU DOES NOT WARRANT, REPRESENT OR GUARANTEE THAT THE CONTENTS ARE ERROR-FREE UNLESS OTHERWISE REQUIRED BY LAW.
TO THE MAXIMUM EXTENT PERMITTED BY LAW, FUJITSU, THE FUJITSU GENERAL GROUP AND AFFILIATES SHALL NOT BE LIABLE FOR DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, PUNITIVE, OR OTHER DAMAGES (INCLUDING, WITHOUT LIMITATION, ECONOMIC LOSSES, LOST PROFITS, LOST REVENUES, OR LOST DATA) ARISING OUT OF AND/OR RELATING TO THE ACCESS TO OR INABILITY TO ACCESS THE WEBSITE, THE SUBSITE(S) OR LINKED SITES, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
Article 13: Applicable Laws and Court of Jurisdiction
These Terms are governed by and to be interpreted solely in accordance with the laws of New Zealand. In the event of any dispute arising in relation to the Terms or their subject matter, the courts of New Zealand will have exclusive jurisdiction over such dispute.
Article 14: Entire Agreement
The Terms constitute the entire agreement between you and Fujitsu and govern your use of the Service, superseding any prior agreements whether written or oral between you and Fujitsu.
Article 15: Waiver and Severability of Terms
The failure of Fujitsu to exercise or enforce any right or provision of the Terms shall not constitute a waiver of such right or provision.
If any provision of the Terms is found by a court of competent jurisdiction to be unenforceable or invalid, then such provision shall be read down or severed to the extent of the unenforceability or invalidity and the remaining provisions of the Terms shall remain in full force and effect.
Article 16: Variations
Unless otherwise provided in these Terms, Fujitsu may change and/or alter any or all Content on the Website and/or the Subsite(s), including, without limitation, their structure, usage conditions, URL, content or other information, and may suspend or discontinue the Service at any time (acting reasonably). To the maximum extent permitted by law, Fujitsu shall not be liable for any damages or losses arising out of and/ or relating to any alteration or change to the Content or inability to use the Website and/or Subsite, except to the extent such damage or loss arise as a result of the negligence or wilful misconduct of Fujitsu.
Article 17: Privacy
Please refer to our Privacy Policy for further information on how we collect, use and disclose your personal information.
Article 18: Unavailability
The Website and/or Subsite(s) may be unavailable from time to time due to mechanical, telecommunication, software, hardware and third-party vendor failures. Fujitsu cannot predict or control when such downtime may occur and cannot control the duration of such downtime.
Article 19: Partner Portal
Without limiting Articles 1-18, the following additional terms apply to you in the event you are authorised to use the Fujitsu Partner Portal ("Partner Portal"):
You are prohibited from violating or attempting to violate the security of the Partner Portal, including without limitation:
(a) accessing data not intended for your use or logging onto a server or account which you are not authorised to access; and
(b) any other acts which are contrary to the instructions or directions of Fujitsu.
You agree to:
(i) access the Partner Portal using only your secure login details as provided to you by Fujitsu;
(ii) not share or disclose your secure login details, including any passwords to any third party, unless otherwise required by law;
(iii) act in good faith at all times towards Fujitsu and co-operate and provide all reasonable assistance to Fujitsu upon request;
(iv) comply with all reasonable directions of Fujitsu given under these Terms or otherwise notified to you from time to time with regard to the Partner Portal and your use of it;
(v) use any materials including without limitation any information, sales data, marketing or promotional materials or tools provided on the Partner Platform in accordance with all instructions and recommendations of Fujitsu;
(v) unless otherwise expressly agreed or directed by us, keep confidential any materials made available on the Partner Platform and protect such material from unauthorised use or disclosure.
In the event Fujitsu offers you access to and use of any marketing or advertising tools or assets ("Marketing Assets") through the Partner Portal, you:
(i) acknowledge and agree that Fujitsu retains all rights, title and interest in these Marketing Assets unless otherwise agreed or required by law;
(ii) must only access and use the Marketing Assets in accordance with these Terms and any additional terms and conditions notified by Fujitsu from time to time;
(iii) must not modify in any way (apart from the addition of your logo and entity details) the Marketing Assets (including without limitation any Fujitsu logo, trade marks or images featuring Fujitsu products displayed in the Marketing Assets), except in accordance with these Terms or as expressly agreed in writing by Fujitsu from time to time;
(iv) must submit all Marketing Assets as proposed to be used by you to Fujitsu through the Partner Portal or as otherwise directed by Fujitsu for prior approval by Fujitsu;
(v) must only use those Marketing Assets which have been expressly approved by Fujitsu for use;
(vi) must ensure that your use of the Marketing Assets will not in any way be misleading or deceptive or otherwise bring the name or reputation of Fujitsu into disrepute; and
(vii) must otherwise comply with all reasonable directions of Fujitsu given in relation to the access and use of any Marketing Assets;
You agree to indemnify Fujitsu and their respective officers, representatives, directors, employees, consultants or agents from and against any and all third party claims, losses, liabilities, damages and expenses (including without limitation reasonable attorney's fees) arising from or related to your use of any Content downloaded or otherwise obtained from the Website and or any Subsite(s) (including the Partner Portal), or your breach of these Terms, including without limitation, your infringement of any intellectual property or other right of Fujitsu or Fujitsu General Group or any other person or entity except to the extent such claims, losses, liabilities, damages and expenses arise as a result of negligence or wilful misconduct of Fujitsu.